SUBCHAPTER 9B ‑ STANDARDS FOR CRIMINAL JUSTICE EMPLOYMENT: EDUCATION: AND TRAINING

 

SECTION .0100 ‑ MINIMUM STANDARDS FOR CRIMINAL JUSTICE EMPLOYMENT

 

12 NCAC 09B .0101          MINIMUM STANDARDS FOR CRIMINAL JUSTICE OFFICERS

Every criminal justice officer employed by an agency in North Carolina shall:

(1)           be a citizen of the United States;

(2)           be at least 20 years of age;

(3)           be of good moral character pursuant to G.S. 17C-10 and as determined by a thorough background investigation;

(4)           have been fingerprinted and a search made of local, state, and national files to disclose any criminal record;

(5)           have been examined and certified by a licensed physician or surgeon to meet physical requirements necessary to properly fulfill the officer's particular responsibilities and shall have produced a negative result on a drug screen administered according to the following specifications:

(a)           the drug screen shall be a urine test consisting of an initial screening test using an immunoassay method and a confirmatory test on an initial positive result using a gas chromatography/mass spectrometry (GC/MS) or other reliable initial and confirmatory tests as may, from time to time, be authorized or mandated by the Department of Health and Human Services for Federal Workplace Drug Testing Programs;

(b)           a chain of custody shall be maintained on the specimen from collection to the eventual discarding of the specimen;

(c)           the drug screen shall test for the presence of at least cannabis, cocaine, phencyclidine (PCP), opiates and amphetamines or their metabolites;

(d)           the test threshold values established by the Department of Health and Human Services for Federal Workplace Drug Testing Programs, as found in 59 F.R. 29916(1994), are hereby incorporated by reference, and shall automatically include any later amendments and editions of the incorporated material as provided by G.S. 150B-21.6;

(e)           the test conducted shall be not more than 60 days old, calculated from the time when the laboratory reports the results to the date of employment;

(f)            the laboratory conducting the test must be certified for federal workplace drug testing programs, and must adhere to applicable federal rules, regulations and guidelines pertaining to the handling, testing, storage and preservation of samples;

(6)           have been administered a psychological screening examination by a clinical psychologist or psychiatrist licensed to practice in North Carolina or by a clinical psychologist or psychiatrist authorized to practice in accordance with the rules and regulations of the United States Armed Forces within one year prior to employment by the employing agency to determine the officer's mental and emotional suitability to properly fulfill the responsibilities of the position;

(7)           have been interviewed personally by the Department head or his representative or representatives, to determine such things as the applicant's appearance, demeanor, attitude, and ability to communicate;

(8)           notify the Standards Division of all criminal offenses which the officer is arrested for or charged with, pleads no contest to, pleads guilty to or is found guilty of.  This shall include all criminal offenses except minor traffic offenses and shall specifically include any offense of Driving Under The Influence (DUI) or Driving While Impaired (DWI).  A minor traffic offense is defined, for purposes of this Subparagraph, as an offense where the maximum punishment allowable by law is 60 days or less.  Other offenses under Chapter 20 (Motor Vehicles) of the General Statutes of North Carolina or similar laws of other jurisdictions which shall be reported to the Standards Division expressly include G.S. 20-139 (persons under influence of drugs).  G.S. 20-28(b) (driving while license permanently revoked or permanently suspended) and G.S. 20-166 (duty to stop in event of accident).  The notifications required under this Subparagraph must be in writing, must specify the nature of the offense, the court in which the case was handled, the date of the arrest or criminal charge, the final disposition, and the date thereof.  The notifications required under this Subparagraph must be received by the Standards Division within 30 days of the date the case was disposed of in court.  The requirements of this Subparagraph shall be applicable at all times during which the officer is certified by the Commission and shall also apply to all applications for certification.  Officers required to notify the Standards Division under this Subparagraph shall also make the same notification to their employing or appointing executive officer within 20 days of the date the case was disposed of in court.  The executive officer, provided he has knowledge of the officer's arrest(s) or criminal charge(s) and final disposition(s), shall also notify the Standards Division of all arrests or criminal charges and final dispositions within 30 days of the date the case was disposed of in court.  Receipt by the Standards Division of a single notification, from either the officer or the executive officer, is sufficient notice for compliance with this Subparagraph.

 

History Note:        Authority G.S. 17C‑6; 17C‑10;

Eff. January 1, 1981;

Amended Eff. September 1, 2001; April 1, 1999; January 1, 1995; November 1, 1993; July 1, 1990.

12 NCAC 09B .0102          BACKGROUND INVESTIGATION

(a)  Any agency contemplating the employment of an applicant as a criminal justice officer shall, prior to employment, complete a background investigation on such applicant.  The investigation shall examine the applicant's character traits and habits relevant to performance as a criminal justice officer and shall determine whether the applicant is of good moral character.

(b)  Prior to the investigation, the applicant shall complete the Commission's Personal History Statement Form to provide a basis for the investigation.

(c)  The agency shall utilize an investigator with prior experience or training in conducting background investigations.  The investigator shall document the results of the investigation and shall include in the report of investigation:

(1)           biographical data;

(2)           family data;

(3)           scholastic data;

(4)           employment data;

(5)           criminal history data;

(6)           interviews with the applicant's references; and

(7)           a summary of the investigator's findings and conclusions regarding the applicant's moral character.

(d)  For criminal justice officers employed by the North Carolina Department of Juvenile Justice and Delinquency Prevention, the agency may use the method of documenting the results of the background investigation it deems most appropriate to its needs in accordance with the Commission form.  However, the Commission's Mandated Background Investigation Form must be used as a guide of minimum information to be collected and recorded by the investigator for all other criminal justice officer applicants that are regulated by the Commission.

(e)  Upon written request by the Director of the Standards Division, the employing agency shall provide the Commission with a copy of any background investigation retained by the agency.

 

History Note:        Authority G.S. 17C‑6;

Eff. January 1, 1981;

Amended Eff. August 1, 2002; August 1, 1998; July 1, 1989;

Temporary Amendment Eff. April 15, 2003;

Amended Eff. April 1, 2004.

 

 

12 NCAC 09B .0103          FINGERPRINT RECORD CHECK

(a)  Each applicant for employment shall be fingerprinted twice, using FBI Form FD‑258, Fingerprint Record Card.

(b)  The employing agency shall check the applicant's fingerprints against local files and shall forward both completed fingerprint forms to the North Carolina State Bureau of Investigation for fingerprint and criminal history checks against state and federal files.

(c)  The employing agency will receive a report of the results of the fingerprint check against state and federal files.  Regardless of the disposition of the inquiry, the employing agency shall permanently retain the results of the fingerprint record check in the applicant's personnel file.

(d)  An applicant for employment as a law enforcement officer may not be employed or placed in a sworn law enforcement position prior to the date on which the employing agency receives the report of the results of the fingerprint record check unless all of the following requirements are met:

(1)           The employing department head determines that the delay in receiving the fingerprint record check will result in undue hardship to the agency and certifies that determination to the Commission.

(2)           The preliminary criminal history investigation conducted by the employing agency has failed to disclose any disqualifying criminal record.

(3)           The applicant meets all of the minimum standards for employment and certification contained in this Subchapter.

(4)           The Fingerprint Record Cards have in fact been executed, delivered to, and received by the State Bureau of Investigation for the purpose of a criminal history search.

(5)           The applicant has completed and signed the applicant's certificate (Section A) of the Commission's Report of Appointment, wherein the applicant's temporary employment and probationary law enforcement officer certification is acknowledged to be contingent on the consistency of the fingerprint record check with the information provided in the Personal History Statement Form.

(e)  An applicant for employment as a criminal justice officer other than a law enforcement officer may be employed prior to the date on which the employing agency receives the report of the results of the fingerprint record check, if all of the following requirements are met:

(1)           The completed Fingerprint Record Cards have been forwarded to and received by the State Bureau of Investigation.

(2)           The applicant meets all other minimum requirements for employment and certification.

(3)           The applicant's continued employment is contingent upon the agency's review and evaluation of the results of the fingerprint record check.

 

History Note:        Authority G.S. 17C‑6; 17C‑10;

Eff. January 1, 1981.

 

 

 

12 NCAC 09B .0104          MEDICAL EXAMINATION

(a)  Each applicant for employment as a criminal justice officer shall complete the Commission's Medical History Statement Form within one year prior to employment by the employing agency and shall be examined by either a physician or surgeon licensed to practice medicine in North Carolina or by a physician or surgeon authorized to practice medicine in accordance with the rules and regulations of the United States Armed Forces to help determine one's fitness in carrying out the physical requirements of the criminal justice officer position.

(b)  The examining physician shall record the results of the examination on the Commission's Medical Examination Report Form and shall include notation of any evidence of past or present defects, diseases, injuries, operations, or conditions of an abnormal or unusual nature.

 

History Note:        Authority G.S. 17C‑6; 17C‑10;

Eff. January 1, 1981;

Amended Eff. November 1, 1993; February 1, 1991; March 1, 1990; April 1, 1985.

 

 

 

12 NCAC 09B .0105          QUALIFICATIONS APPRAISAL INTERVIEW

(a)  Prior to employing any applicant for employment as a criminal justice officer, the employing agency shall conduct an interview of the applicant to determine the applicant's abilities and potential for success as a criminal justice officer.

(b)  The Department head should appoint a panel of staff members to sit as a unit with the Department head during the interview.  However, the Department head may conduct the interview personally or by delegating the responsibility to a qualified staff member or panel.

(c)  The agency may use the method of interviewing and recording the interview it deems most appropriate to its needs.  The Commission's Qualifications Appraisal Interview form may be used as a guide for the interviewer.

 

History Note:        Authority G.S. 17C‑6; 17C‑10;

Eff. January 1, 1981.

 

 

 

12 NCAC 09B .0106          DOCUMENTATION OF EDUCATIONAL REQUIREMENTS

(a)  Each applicant for employment as a criminal justice officer shall furnish to the employing agency documentary evidence that the applicant has met the educational requirements for the criminal justice field of expected employment.

(b)  Documentary evidence of educational requirements shall consist of official transcripts of courses completed or diplomas received from a school which meets the approval guidelines of either the North Carolina Department of Public Instruction, the Division of Non-Public Instruction, or comparable out-of-state agency.  The Director of the Standards Division shall determine whether other types of documentation will be permitted in specific cases. High school diplomas earned through correspondence enrollment are not recognized toward these minimum educational requirements.

(c)  Documentary evidence of having passed the General Educational Development Test shall be satisfied by a certified copy of GED test results or GED certificate.  A certified copy of a military GED diploma may be used as alternate evidence of GED completion.

 

History Note:        Authority G.S. 17C-6; 17C-10;

Eff. January 1, 1981;

Amended Eff. June 1, 2012; August 1, 2000.

 

12 NCAC 09B .0107          MINIMUM STANDARDS FOR CORRECTIONAL OFFICERS

 

History Note:        Authority G.S. 17C-6;

Eff. January 1, 1981;

Amended Eff. August 1, 2000; December 1, 1987;

Temporary Repeal Eff. January 1, 2001;

Repealed Eff. August 1, 2002.

 

12 NCAC 09B .0108          MINIMUM STANDARDS FOR STATE YOUTH SERVICES OFFICERS

 

History Note:        Authority G.S. 17C‑6;

Eff. January 1, 1981;

Amended Eff. August 1, 2001; December 1, 1987; October 1, 1985; July 1, 1983; January 1, 1983;

Temporary Repeal Eff. April 15, 2003;

Repealed Eff. April 1, 2004.

 

12 NCAC 09B .0109          MINIMUM STANDARDS FOR PROBATION/PAROLE OFFICERS

12 NCAC 09B .0110          MINIMUM STANDARDS FOR PROBATION/PAROLE INTAKE OFFICERS

 

History Note:        Authority G.S. 17C-6;

Eff. January 1, 1981;

Amended Eff. August 1, 2000; December 1, 1987;

Temporary Repeal Eff. January 1, 2001;

Repealed Eff. August 1, 2002.

 

12 NCAC 09B .0111          MINIMUM STANDARDS FOR LAW ENFORCEMENT OFFICERS

In addition to the requirements for criminal justice officers contained in Rule .0101 of this Section, every law enforcement officer employed by an agency in North Carolina shall:

(1)           not have committed or been convicted of:

(a)           a felony;

(b)           a crime for which the punishment could have been imprisonment for more than two years;

(c)           a crime or unlawful act defined as a "Class B misdemeanor" within the five year period prior to the date of application for employment;

(d)           four or more crimes or unlawful acts defined as "Class B misdemeanors" regardless of the date of conviction;

(e)           four or more crimes or unlawful acts defined as "Class A misdemeanors" except the applicant may be employed if the last conviction occurred more than two years prior to the date of application for employment; or

(f)            an offense that, proscribed by 18 USC 922(g)(8), would prohibit the possession of a firearm or ammunition;

(2)           be a high school graduate or have passed the General Educational Development Test indicating high school equivalency; and

(3)           satisfactorily complete the employing agency's in-service firearms training program as prescribed in 12 NCAC 09E .0105 and .0106.  Such firearms training compliance must have occurred prior to submission of the application for appointment to the Commission and must be completed using the agency-approved service handgun(s) and any other weapon(s) that the applicant has been issued or authorized to use by the agency.

Note:  Although not presently required, the Commission recommends that, on the date of employment or within 24 months thereafter, every candidate for employment as a law enforcement officer have completed no less than six semester units or nine quarter units of educational credit at an institution recognized by the United States Department of Education and the Council for Higher Education Accreditation.

 

History Note:        Authority G.S. 17C‑6; 17C‑10;

Eff. January 1, 1981;

Amended Eff. April 1, 2009; August 1, 1998; December 1, 1987; October 1, 1985; January 1, 1985; January 1, 1983.

 

12 NCAC 09B .0112          MINIMUM STANDARDS FOR PAROLE CASE ANALYSTS

 

History Note:        Authority G.S. 17C‑6;

Eff. April 1, 1983;

Amended Eff. August 1, 2000; December 1, 1987;

Temporary Repeal Eff. January 1, 2001;

Repealed Eff. August 1, 2002.

 

12 NCAC 09B .0113          MINIMUM STANDARDS PROBATION/PAROLE OFFICERS‑SURVEILLANCE

 

History Note:        Filed as a Temporary Rule Eff. December 14, 1983 for a period of 120 days to expire on April 12, 1984;

Authority G.S. 17C‑6;

Eff. April 1, 1984;

Amended Eff. August 1, 2000; August 1, 1995; December 1, 1987;

Temporary Repeal Eff. January 1, 2001;

Repealed Eff. August 1, 2002.

 

12 NCAC 09B .0114          MINIMUM STANDARDS FOR LOCAL CONFINEMENT PERSONNEL

In addition to the requirements for criminal justice officers contained in Rule .0101 of this Section, every officer, supervisor or administrator employed by a local confinement facility in North Carolina shall:

(1)           not have committed or been convicted of:

(a)           a felony; or

(b)           a crime for which the punishment could have been imprisonment for more than two years; or

(c)           a crime or unlawful act defined as a "Class B misdemeanor" within the five year period prior to the date of application for employment; or

(d)           four or more crimes or unlawful acts defined as "Class B misdemeanors" regardless of the date of conviction; or

(e)           four or more crimes or unlawful acts defined as "Class A misdemeanors" except the applicant may be employed if the last conviction occurred more than two years prior to the date of application for employment;

(2)           be a high school graduate or have passed the General Educational Development Test indicating high school equivalency.

Note:      Although not presently required by these Rules, the Commission recommends that, on the date of employment or within 24 months thereafter, every candidate for employment as an officer, supervisor or administrator have completed no less than six semester units or nine quarter units of educational credit at an accredited institution of higher education.

 

History Note:        Authority G.S. 17C‑2; 17C‑6; 17C‑10;

Eff. June 1, 1986;

Amended Eff. December 1, 1987.

 

 

 

12 NCAC 09B .0115          MINIMUM STANDARDS PROBATION/PAROLE INTENSIVE OFFICER

 

History Note:        Authority G.S. 17C‑6;

Eff. February 1, 1987;

Amended Eff. August 1, 2000;

Temporary Repeal Eff. January 1, 2001;

Repealed Eff. August 1, 2002.

 

12 NCAC 09B .0116          MINIMUM STANDARDS FOR Juvenile Court Counselors and Chief court counselors

In addition to the requirements for criminal justice officers contained in Rule .0101 of this Section, every juvenile court counselor and chief court counselor employed by the North Carolina Department of Juvenile Justice and Delinquency Prevention shall:

(1)           not have committed or been convicted of:

(a)           a felony;

(b)           a crime for which the punishment could have been imprisonment for more than two years;

(c)           a crime or unlawful act defined as a "Class B misdemeanor" within the five year period prior to the date of application for employment;

(d)           four or more crimes or unlawful acts defined as "Class B misdemeanors" regardless of the date of conviction; or

(e)           four or more crimes or unlawful acts defined as "Class A misdemeanors" except the applicant may be employed if the last conviction occurred more than two years prior to the date of application for employment; and

(2)           have attained a bachelor's degree from a regionally accredited institution of higher learning.

 

History Note:        Authority G.S. 17C‑6;

Temporary Adoption Eff. April 15, 2003;

Eff. April 1, 2004.

 

12 NCAC 09B .0117          MINIMUM STANDARDS FOR juvenile justice OFFICERS

In addition to the requirements for criminal justice officers contained in Rule .0101 of this Section, every juvenile justice officer employed by the North Carolina Department of Juvenile Justice and Delinquency Prevention shall:

(1)           not have committed or been convicted of:

(a)           a felony;

(b)           a crime for which the punishment could have been imprisonment for more than two years;

(c)           a crime or unlawful act defined as a "Class B misdemeanor" within the five year period prior to the date of application for employment;

(d)           four or more crimes or unlawful acts defined as "Class B misdemeanors" regardless of the date of conviction; or

(e)           four or more crimes or unlawful acts defined as "Class A misdemeanors" except the applicant may be employed if the last conviction occurred more than two years prior to the date of application for employment; and

(2)           be a high school graduate or have passed the General Equivalency Development Test indicating high school equivalency.

 

History Note:        Authority G.S. 17C‑2; 17C‑6; 17C‑10;

Temporary Adoption Eff. April 15, 2003;

Eff. April 1, 2004.

 

section .0200 – minimum standards for criminal justice schools and criminal justice training programs or courses of instruction

 

12 NCAC 09B .0201          ADMINISTRATION OF CRIMINAL JUSTICE SCHOOLS

(a)  The executive officer or officers of the institution or agency sponsoring any criminal justice training program or course of instruction shall have primary responsibility for implementation of all of the rules contained in Subchapter 09B Section .0200 and for administration of the school.  The executive officer or officers of the institution or agency shall secure School Accreditation pursuant to 12 NCAC 09C .0401 prior to offering any criminal justice training course.

(b)  The executive officers shall designate one compensated staff member for each commission‑accredited program for which the institution or agency has been granted accreditation.  Such staff member shall be certified by the Commission under Section .0500 of this Subchapter to be the criminal justice School Director.  The School Director shall have administrative responsibility for planning, scheduling, presenting, coordinating, reporting, and managing each sponsored accredited criminal justice training course.  If the accredited institution or agency assigns additional responsibilities to the certified School Director during the planning, development, and implementation of an accredited basic recruit training course, a qualified assistant must be designated to assist the School Director in the administration of the course.  This person must be selected by the School Director and must attend a course orientation conducted by Standards Division staff and attend the annual School Directors' Conference.

(c)  The School Director shall permanently maintain records of all criminal justice training courses sponsored or delivered by the school, reflecting:

(1)           course title;

(2)           delivery hours of course;

(3)           course delivery dates;

(4)           names and addresses of instructors utilized within designated subject‑matter areas;

(5)           a roster of enrolled trainees, showing class attendance and designating whether each trainee's course participation was successful or unsuccessful;

(6)           copies of all rules, regulations and guidelines developed by the School Director;

(7)           documentation of any changes in the initial course outline, including substitution of instructors; and

(8)           documentation of make‑up work achieved by each individual trainee, including test scores and methods.

(d)  The executive officers of the accredited institution or agency offering any criminal justice training program or course of instruction shall meet or exceed the following specifications:

(1)           acquire and allocate sufficient financial resources to provide commission certified instructors and to meet other necessary program expenses; and

(2)           provide one designated clerical support person to assist the School Director in maintaining required records, complete reports, and provide other clerical needs as required by the School Director.

(e)  In the event an accredited institution or agency does not own all facilities required for training delivery, written agreements between entities involved shall be in place in order to ensure access to and use of such facilities.  A copy of such agreement must be on file for review by Standards Division staff.

(f)  Each institution or agency accredited to deliver basic recruit training shall ensure that supplies and equipment for trainees are utilized during course delivery as specified in the Basic Law Enforcement Training Course Management Guide as referenced in 12 NCAC 09B .0205(d).

 

History Note:        Authority G.S. 17C‑6;

Eff. January 1, 1981;

Amended Eff. November 1, 1981;

Readopted Eff. July 1, 1982;

Amended Eff. August 1, 2004; August 1, 2000; January 1, 1996; March 1, 1992; January 1, 1985.

 

12 NCAC 09B .0202          RESPONSIBILITIES OF THE SCHOOL DIRECTOR

(a)  In planning, developing, coordinating, and delivering each Commission-certified criminal justice training course, the School Director shall:

(1)           Formalize and schedule the course curriculum in accordance with the curriculum standards established in this Subchapter;

(2)           Select and schedule instructors who are certified by the Commission;

(3)           Provide each instructor with a current Commission course outline and all necessary additional information concerning the instructor's duties and responsibilities;

(4)           Notify each instructor that he or she shall comply with the Basic Law Enforcement Training Course Management Guide and provide him or her access to the most current version of the Course Management Guide;

(5)           Review each instructor's lesson plans and other instructional materials for conformance to Commission standards and to minimize repetition and duplication of subject matter;

(6)           Arrange for the availability of appropriate audiovisual aids and materials, publications, facilities, and equipment for training in all topic areas;

(7)           Develop, adopt, reproduce, and distribute any supplemental rules and requirements determined by the school to be necessary or appropriate for:

(A)          effective course delivery;

(B)          establishing responsibilities and obligations of agencies or departments employing or sponsoring course trainees; and

(C)          regulating trainee participation and demeanor, ensuring trainee attendance, and maintaining performance records;

(8)           If appropriate, recommend housing and dining facilities for trainees;

(9)           Administer the course delivery in accordance with Commission procedures and standards, give consideration to advisory guidelines issued by the Commission, and ensure that the training offered is safe and effective;

(10)         Maintain direct supervision, direction, and control over the performance of all persons to whom any portion of the planning, development, presentation, or administration of a course has been delegated. The comprehensive final examination shall be administered by the Criminal Justice Education and Training Standards Commission; and

(11)         Report the completion of each presentation of a Commission-certified criminal justice training course to the Commission.

(12)         All forms required for submission to the Commission are located on the Agency's website: http://www.ncdoj.gov/About-DOJ/Law-Enforcement-Training-and-Standards/Criminal-Justice-Education-and-Training-Standards/Forms-and-Publications.aspx.

(b)  In addition to Paragraph (a) of this Rule, in planning, developing, coordinating, and delivering each Commission-certified Basic Law Enforcement Training Course, the School Director shall:

(1)           Deliver training in accordance with the most current version of the Basic Law Enforcement Training Course Management Guide as published by the North Carolina Justice Academy;

(2)           Schedule course presentation to include 12 hours of instruction each week during consecutive calendar weeks, except that there may be as many as three one-week breaks until course requirements are completed;

(3)           Schedule only specialized instructors certified by the Commission to teach those high-liability areas as specified in Rule .0304(a) of this Subchapter as either the lead instructor or as assistant instructors or role players;

(4)           With the exception of the First Responder, Physical Fitness, Explosives and Hazardous Materials, and topical areas outlined in Rule .0304(a) of this Subchapter, schedule one specialized instructor certified by the Commission for each six trainees while actively engaged in a practical performance exercise;

(5)           Schedule one specialized instructor certified by the Commission for each eight trainees while actively engaged in a practical performance exercise in the topical area "Subject Control Arrest Techniques;"

(6)           Schedule no single individual to instruct more than 35 percent of the total hours of the curriculum during any one delivery of the Basic Law Enforcement Training Course presentation;

(7)           Not less than 15 days before commencing delivery of the Basic Law Enforcement Training Course, submit to the Commission a Pre-Delivery Report of Training Course Presentation as set out in 12 NCAC 09C  .0211.  The Pre-Delivery Report (Form F-10A) shall indicate a requested date and location for the administration of the state comprehensive exam, and include the following attachments:

(A)          a course schedule showing arrangement of topical presentations and proposed instructional assignments; and

(B)          a copy of any rules and requirements for the school.  A copy of such rules shall also be given to each trainee and to the executive officer of each trainee's employing or sponsoring agency or department at the time the trainee enrolls in the course;

(8)           Monitor, or designate an instructor certified by the Commission to monitor, a presentation of each instructor once during each three year certification period in each topic taught by the instructor and prepare a written evaluation on the instructor's performance and suitability for subsequent instructional assignments.  The observations shall be of sufficient duration to ensure that the instructor is using the Instructional System Design model, and that the delivery is objective based, documented by, and consistent with a Commission-approved lesson plan.  For each topic area, the School Director's evaluation shall be based upon the course delivery observations, the instructor's use of the approved lesson plan, and the results of the student evaluations of the instructor. For probationary instructors, the evaluations conducted by another instructor shall be prepared on the Criminal Justice Instructor Evaluation (Form F-16), and forwarded to the Commission.  Based on this evaluation, the School Director shall recommend approval or denial of requests for General Instructor Certification.  For all other instructors, these evaluations shall be prepared on the Criminal Justice Instructor Evaluation (Form F-16), be kept on file by the school for a period of three years,  and shall be made available for inspection by a representative of the Commission upon request.  In the event the evaluation of an instructor indicates that his or her performance was less than acceptable, the School Director shall forward a copy of the evaluation to the Commission.  Any instructor who is evaluating the instructional presentation of another instructor shall hold certification in the same instructional topic area as that for which the instructor is being evaluated;

(9)           Administer or designate a staff person to administer appropriate tests during course delivery:

(A)          to determine and record the level of trainee comprehension and retention of instructional subject- matter;

(B)          to provide a basis for a final determination or recommendation regarding the minimum degree of knowledge and skill of each trainee to function as an inexperienced law enforcement officer; and

(C)          to determine subject or topic areas of deficiency for the application of Rule .0405(a)(3) of this Subchapter; and

 (10)        Not more than 10 days after the conclusion of a school's offering of Basic Law Enforcement Training, submit to the Commission a Post-Delivery Report of Training Course Presentation (Form F-10B) that shall include:

(A)          a "Student Course Completion" form for each individual enrolled on the day of orientation; and

(B)          a "Certification and Test Score Release" form.

(c)  In addition to Paragraph (a) of this Rule, in planning, developing, coordinating, and delivering each Commission-certified "Criminal Justice Instructor Training Course," the School Director shall:

(1)           Schedule course presentation to include 40 hours of instruction each week during consecutive calendar weeks until course requirements are completed;

(2)           Schedule at least one evaluator for each six trainees, as follows:

(A)          no evaluator shall be assigned more than six trainees during a course delivery;

(B)          each evaluator, as well as the instructors, shall have completed a Commission-certified instructor training course or an equivalent instructor training course utilizing the Instructional Systems Design model, an international model with applications in education, military training, and private enterprise; and

(C)          each instructor and evaluator shall document successful participation in a program presented by the North Carolina Justice Academy for purposes of familiarization and supplementation relevant to delivery of the instructor training course and trainee evaluation;

(3)           Not fewer than 30 days before commencing delivery of the course, submit to the Commission a Pre-Delivery Report of Training Course Presentation [Form F-10A(ITC)]with the following attachments:

(A)          a course schedule showing arrangement of topical presentations and proposed instructional assignments;

(B)          the names and last four digits of the social security numbers of all instructors and evaluators; and

(C)          a copy of any rules, and requirements for the school; and

(4)           Not more than 10 days after course completion, submit to the Commission a Post-Delivery Report [Form F-10B(ITC)] containing the following:

(A)          class enrollment roster;

(B)          a course schedule with designation of instructors and evaluators utilized in delivery;

(C)          scores recorded for each trainee on the 80 minute skill presentation; and

(D)          designation of trainees who completed the course in its entirety and whom the School Director finds to be competent to instruct.

(d)  In addition to Paragraph (a) of this Rule, in planning, developing, coordinating, and delivering each Commission-certified radar, radar and time-distance, time-distance, or lidar speed measurement operator training course or re-certification course, the School Director shall:

(1)           select and schedule speed measurement instrument instructors who are certified by the Commission as instructors for the specific speed measurement instruments in which the trainees are to receive instruction as follows:

(A)          provide to the instructor the Commission form(s) for motor skill examination on each trainee;

(B)          require the instructor to complete the motor skill examination form on each trainee indicating the level of proficiency obtained on each specific instrument; and

(C)          require each instructor to sign each individual form and submit the original to the School Director;

(2)           not fewer than 30 days before the scheduled starting date, submit to the Director of the Standards Division a Pre-Delivery Report of Speed Measuring Instrument Course Presentation [Form F-10A (SMI)] that shall contain a period of course delivery including the proposed starting date, course location, requested date and location for the administration of the state exam, and the number of trainees to be trained on each type of approved speed measurement instrument.  The Director of the Standards Division shall review the request and notify the School Director within thirty business days if the request is approved or denied; and

(3)           upon completing delivery of the Commission-certified course, and not more than 10 days after the conclusion of a school's offering of a certified radar, radar and time-distance, time-distance, or lidar speed measurement operator training course or re-certification course, the School Director shall notify the Commission regarding the progress and achievements of each trainee by submitting a Post-Delivery Report of Training Course Presentation [Form F-10B (SMI)].  This report shall include the original motor-skill examination form(s) completed and signed by the certified instructor responsible for administering the motor-skill examination to the respective trainee.

 

History Note:        Authority G.S. 17C-6;

Eff. January 1, 1981;

Amended Eff. November 1, 1981;

Readopted w/change Eff. July 1, 1982;

Amended Eff.  January 1, 2015; June 1, 2013; April 1, 2009; November 1, 2007; January 1, 2006; May 1, 2004; August 1, 2000; January 1, 1996; November 1, 1993; December 1, 1987; January 1, 1985.

 

12 NCAC 09B .0203          ADMISSION OF TRAINEES

(a)  The school director shall not admit any individual as a trainee in a presentation of the Basic Law Enforcement Training Course who is not a citizen of the United States.

(b)  The school shall not admit any individual younger than 20 years of age as a trainee in any non-academic basic criminal justice training course.  Individuals under 20 years of age may be granted authorization for early enrollment as trainees in a presentation of the Basic Law Enforcement Training Course with prior written approval from the Director of the Standards Division.  The Director shall approve early enrollment as long as the individual turns 20 years of age prior to the date of the State Comprehensive Examination for the course.

(c)  The school shall give priority admission in certified criminal justice training courses to individuals holding full-time employment with criminal justice agencies.

(d)  The school shall not admit any individual as a trainee in a presentation of the "Criminal Justice Instructor Training Course" who does not meet the education and experience requirements for instructor certification under Rule .0302 of this Subchapter within 60 days of successful completion of the Instructor Training State Comprehensive Examination.

(e)  The school shall not admit an individual, including partial or limited enrollees, as a trainee in a presentation of the Basic Law Enforcement Training Course unless the individual has taken the reading component of a nationally standardized test within one year prior to admission to Basic Law Enforcement Training and has scored at or above the tenth grade level or the equivalent.  For the purposes of this Rule:

(1)           Partial or limited enrollee does not include enrollees who currently hold general certification or who have held general certification within 12 months prior to the date of enrollment.

(2)           A nationally standardized test is a test that:

(A)          reports scores as national percentiles, stanines or grade equivalents; and

(B)          compares student test results to a national norm.

(f)  The school shall not admit any individual as a trainee in a presentation of the Basic Law Enforcement Training Course unless the individual has provided to the School Director a medical examination report, completed by a physician licensed to practice medicine in North Carolina, a physician's assistant, or a nurse practitioner, to determine the individual's fitness to perform the essential job functions of a criminal justice officer.  The Director of the Standards Division shall grant an exception to this standard for a period of time not to exceed the commencement of the physical fitness topical area when failure to timely receive the medical examination report is not due to neglect on the part of the trainee.

(g)  The school shall not admit any individual as a trainee in a presentation of the Basic Law Enforcement Training Course unless the individual is a high school graduate or has passed the General Educational Development Test indicating high school equivalency.  High school diplomas earned through correspondence enrollment are not recognized toward the educational requirements.

(h)  The school shall not admit any individual trainee in a presentation of the Basic Law Enforcement Training Course unless the individual has provided the certified School Director a certified criminal record check for local and state records for the time period since the trainee has become an adult and from all locations where the trainee has resided since becoming an adult.  An Administrative Office of the Courts criminal record check or a comparable out-of-state criminal record check will satisfy this requirement.

(i)  The school shall not admit any individual as a trainee in a presentation of the Basic Law Enforcement Training Course who has been convicted of the following:

(1)           a felony;

(2)           a crime for which the punishment could have been imprisonment for more than two years;

(3)           a crime or unlawful act defined as a "Class B Misdemeanor" within the five year period prior to the date of application for employment unless the individual intends to seek certification through the North Carolina Sheriffs' Education and Training Standards Commission;

(4)           four or more crimes or unlawful acts defined as "Class B Misdemeanors" regardless of the date of conviction;

(5)           four or more crimes or unlawful acts defined as "Class A Misdemeanors" except the trainee may be enrolled if the last conviction date occurred more than two years prior to the date of enrollment;

(6)           a combination of four or more "Class A Misdemeanors" or "Class B Misdemeanors" regardless of the date of conviction unless the individual intends to seek certification through the North Carolina Criminal Justice Education and Training Standards Commission.

(j)  Individuals charged with crimes as specified in Paragraph (i) of this Rule, and such offenses were dismissed or the person was found not guilty, may be admitted into the Basic Law Enforcement Training Course but completion of the Basic Law Enforcement Training Course does not ensure that certification as a law enforcement officer or justice officer through the North Carolina Criminal Justice Education and Training Standards Commission will be issued. Every individual who is admitted as a trainee in a presentation of the Basic Law Enforcement Training Course shall notify the School Director of all criminal offenses which the trainee is arrested for or charged with, pleads no contest to, pleads guilty to or is found guilty of, and of all Domestic Violence Orders (G.S. 50B) which are issued by a judicial official after a hearing that provides an opportunity for both parties to be present.  This includes all criminal offenses except minor traffic offenses and specifically includes any offense of Driving Under the Influence (DUI) or Driving While Impaired (DWI).  A minor traffic offense is defined, for the purposes of this Paragraph, as an offense where the maximum punishment allowable by law is 60 days or fewer.  Other offenses under G.S. 20 (Motor Vehicles) or similar laws of other jurisdictions which shall be reported to the School Director are G.S 20-138.1 (driving while under the influence), G.S. 20-28 (driving while license permanently revoked or permanently suspended), G.S. 20-30(5) (fictitious name or address in application for license or learner's permit), G.S. 20-37.8 (fraudulent use of a fictitious name for a special identification card), G.S. 20-102.1 (false report of theft or conversion of a motor vehicle), G.S. 20-111(5) (fictitious name or address in application for registration), G.S. 20-130.1 (unlawful use of red or blue lights), G.S. 20-137.2 (operation of vehicles resembling law enforcement vehicles), G.S. 20-141.3 (unlawful racing on streets and highways), G.S. 20-141.5 (speeding to elude arrest), and G.S. 20-166 (duty to stop in event of accident).  The notifications required under this Paragraph must be in writing, must specify the nature of the offense, the court in which the case was handled, the date of the arrest or criminal charge, the date of issuance of the Domestic Violence Order (G.S. 50B), the final disposition, and the date thereof.  The notifications required under this Paragraph must be received by the School Director within 30 days of the date the case was finally disposed of in court.  The requirements of this Paragraph are applicable at all times during which the trainee is enrolled in a Basic Law Enforcement Training Course.  The requirements of this Paragraph are in addition to the notifications required under 12 NCAC 10B .0301 and 12 NCAC 09B .0101(8).

 

History Note:        Authority G.S. 17C-6; 17C-10;

Eff. January 1, 1981;

Amended Eff. June 1 ,2012; February 1, 2011; June 1, 2010; December 1, 2004; July 1, 2004; August 1, 2002; August 1, 2000; January 1, 1995; March 1, 1992; July 1, 1989; January 1, 1985.

 

12 NCAC 09B .0204          TRAINING COURSE ENROLLMENT

(a)  Any school offering a Basic Law Enforcement Training Course shall have enrolled 10 trainees in the offering.

(b)  The school may not enroll any trainee later than the initial day of delivery of a certified training course unless the trainee's enrollment is pursuant to an authorization of limited enrollment in a subsequent course pursuant to Rule .0405 of this Subchapter or pursuant to prescribed supplementary or remedial training required pursuant to Rule .0402 of this Subchapter.

(c)  The school may not enroll more than 16 trainees in a presentation of the "Criminal Justice Instructor Training Course" as constituted under Rule .0209 of this Section.

 

History Note:        Authority G.S. 17C-6;

Eff. January 1, 1981;

Amended Eff.  August 1, 2005; August 1, 2000; January 1, 1985; November 1, 1981.

 

12 NCAC 09B .0205          BASIC LAW ENFORCEMENT TRAINING

(a)  The basic training course for law enforcement officers consists of instruction designed to provide the trainee with the skills and knowledge to perform those tasks essential to function in law enforcement.

(b)  The course entitled "Basic Law Enforcement Training" shall consist of a minimum of 616 hours of instruction and shall include the following identified topical areas and minimum instructional hours for each:

(1)           LEGAL UNIT

(A)          Motor Vehicle Laws                                                                                            20 Hours

(B)          Preparing for Court and Testifying in Court                                                   12 Hours

(C)          Elements of Criminal Law                                                                                 24 Hours

(D)          Juvenile Laws and Procedures                                                                            8 Hours

(E)           Arrest, Search and Seizure/Constitutional Law                                             28 Hours

(F)           ABC Laws and Procedures                                                                                  4 Hours

UNIT TOTAL                                                                                                                       96 Hours

(2)           PATROL DUTIES UNIT

(A)          Techniques of Traffic Law Enforcement                                                       24 Hours

(B)          Explosives and Hazardous Materials Emergencies                                      12 Hours

(C)          Traffic Crash Investigation                                                                               20 Hours

(D)          In-Custody Transportation                                                                                 8 Hours

(E)           Crowd Management                                                                                           12 Hours

(F)           Patrol Techniques                                                                                                28 Hours

(G)          Law Enforcement Communication and Information Systems                   8 Hours

(H)          Anti-Terrorism                                                                                                        4 Hours

(I)            Rapid Deployment                                                                                                8 Hours

UNIT TOTAL                                                                                                                   124 Hours

(3)           LAW ENFORCEMENT COMMUNICATION UNIT

(A)          Responding to Victims and the Public                                                             10 Hours

(B)          Domestic Violence Response                                                                            12 Hours

(C)          Ethics for Professional Law Enforcement                                                        4 Hours

(D)          Individuals with Mental Illness and Developmental Disabilities                  8 Hours

(E)           Crime Prevention Techniques                                                                             6 Hours

(F)           Communication Skills for Law Enforcement Officers                                   8 Hours

UNIT TOTAL                                                                                                                       48 Hours

(4)           INVESTIGATION UNIT

(A)          Fingerprinting and Photographing Arrestee                                                      6 Hours

(B)          Field Note-taking and Report Writing                                                              12 Hours

(C)          Criminal Investigation                                                                                        34 Hours

(D)          Interviews: Field and In-Custody                                                                     16 Hours

(E)           Controlled Substances                                                                                        12 Hours

(F)           Human Trafficking                                                                                               2 Hours

UNIT TOTAL                                                                                                                       82 Hours

(5)           PRACTICAL APPLICATION UNIT

(A)          First Responder                                                                                                    32 Hours

(B)          Firearms                                                                                                                48 Hours

(C)          Law Enforcement Driver Training                                                                   40 Hours

(D)          Physical Fitness (classroom instruction)                                                            8 Hours

(E)           Fitness Assessment and Testing                                                                        12 Hours

(F)           Physical Exercise 1 hour daily, 3 days a week                                               34 Hours

(G)          Subject Control Arrest Techniques                                                                  40 Hours

UNIT TOTAL                                                                                                                    214 Hours

(6)           SHERIFF-SPECIFIC UNIT

(A)          Civil Process                                                                                                         24 Hours

(B)          Sheriffs' Responsibilities: Detention Duties                                                      4 Hours

(C)          Sheriffs' Responsibilities: Court Duties                                                              6 Hours

UNIT TOTAL                                                                                                                       34 Hours

(7)           COURSE ORIENTATION                                                                                                   2 Hours

(8)           TESTING                                                                                                                              16 Hours

TOTAL COURSE HOURS                                                                                             616 Hours

 

(c)  The "Basic Law Enforcement Training Manual" published by the North Carolina Justice Academy shall be used as the curriculum for this training course.  Copies of this publication may be inspected at the office of the agency:

Criminal Justice Standards Division

North Carolina Department of Justice

1700 Tryon Park Drive

Post Office Drawer 149

Raleigh, North Carolina 27602

and may be obtained at the cost of printing and postage from the North Carolina Justice Academy at the following address:

North Carolina Justice Academy

Post Office Drawer 99

Salemburg, North Carolina 28385

(d)  The "Basic Law Enforcement Training Course Management Guide" published by the North Carolina Justice Academy shall be used by school directors in planning, implementing, and delivering basic training courses  Copies of this guide may be obtained at the cost of printing and postage from the Justice Academy.

 

History Note:        Authority G.S. 17C-6; 17C-10;

Eff. January 1, 1981;

Temporary Amendment Eff. December 14, 1983 for a period of 120 days to expire on April 12, 1984;

Amended Eff. January 1, 2015; February 1, 2014; July 1, 2011; July 1, 2009; January 1, 2006; August 1, 2002; August 1, 2000; November 1, 1998; July 1, 1997; January 1, 1995; February 1, 1991; July 1, 1989.

 

12 NCAC 09B .0206          BASIC TRAINING - CORRECTIONAL OFFICERS

 

History Note:        Authority G.S. 17C‑6; 17C‑10;

Eff. January 1, 1981;

Amended Eff. August 1, 2000; August 1, 1995; July 1, 1989; February 1, 1987; April 1, 1983;

Temporary Repeal Eff. January 1, 2001;

Repealed Eff. August 1, 2002.

 

12 NCAC 09B .0207          BASIC TRAINING ‑‑ STATE YOUTH SERVICES OFFICERS

 

History Note:        Authority G.S. 17C‑6;

Eff. January 1, 1981;

Amended Eff. August 1, 2000; December 1, 1987; January 1, 1983;

Temporary Repeal Eff. April 15, 2003;

Repealed Eff. April 1, 2004.

12 NCAC 09B .0208          BASIC TRAINING - PROBATION/PAROLE OFFICERS

 

History Note:        Authority G.S. 17C‑6; 17C‑10;

Eff. January 1, 1981;

Amended Eff. January 1, 1995; April 1, 1983;

Temporary Repeal Eff. January 1, 2001;

Repealed Eff. August 1, 2002.

 

12 NCAC 09B .0209          CRIMINAL JUSTICE INSTRUCTOR TRAINING

(a)  The instructor training course required for general instructor certification shall consist of a minimum of 75 hours of instruction presented during a continuous period of not more than two weeks.

(b)  Each instructor training course shall be designed to provide the trainee with the skills and knowledge to perform the function of a criminal justice instructor.

(c)  Each instructor training course shall include the following identified topic areas and minimum instructional hours for each area:

(1)           Orientation/Self Assessment                                                                               3 Hours

(2)           Curriculum Development: ISD Model                                                              3 Hours

(3)           Law Enforcement Instructor Liabilities                                                            2 Hours

and Responsibilities

(4)           Interpersonal Communication in Instruction                                                                  4 Hours

(5)           Lesson Plan Preparation: Professional Resources                                           2 Hours

(6)           Lesson Plan Preparation: Format and Objectives                                           6 Hours

(7)           Teaching Adults                                                                                                     4 Hours

(8)           Principles of Instruction: Demonstration Methods and

Practical Exercise                                                                                                                  6 Hours

(9)           Methods and Strategies of Instruction                                                              4 Hours

(10)         The Evaluation Process                                                                                        4 Hours

(11)         Principles of Instruction: Audio‑Visual Aids                                                    6 Hours

(12)         Student 10‑Minute Talk and Video Critique                                                    6 Hours

(13)         Student Performance:

First 30‑Minute Presentation                                                                               6 Hours

Second 30‑Minute Presentation                                                                         6 Hours

Final 80‑Minute Presentation and Review                                                     12 Hours

(14)         Course Closing                                                                                                        1 Hour

(d)  The "Instructor Training" manual published by the North Carolina Justice Academy shall be the curriculum for instructor training courses.  Copies of this publication may be inspected at the agency:

Criminal Justice Standards Division

North Carolina Department of Justice

1700 Tryon Park Drive

Post Office Drawer 149

Raleigh, North Carolina 27602

and may be purchased at the cost of printing and postage from the Academy at the following address:

North Carolina Justice Academy

Post Office Drawer 99

Salemburg, North Carolina 28385

 

History Note:        Authority G.S. 17C‑6;

Eff. January 1, 1981;

Amended Eff. January 1, 2015; December 1, 2009; August 1, 2005; November 1, 1998; January 1, 1995; March 1, 1990; July 1, 1989; January 1, 1985.

 

12 NCAC 09B .0210          RADAR INSTRUCTOR TRAINING COURSE

(a)  The radar instructor training course shall be designed to provide the trainee with the skills and knowledge to proficiently perform the function of a criminal justice radar instructor.  This course shall be for a period not to exceed six consecutive weeks.

(b)  The radar instructor training course required for radar instructor certification shall include the topic areas and minimum number of hours as outlined in the Radar Instructor Training Course. To qualify for radar instructor certification, an applicant shall meet the requirements as outlined in the Radar Instructor Training Course and meet the requirements of 12 NCAC 09B .0408 and .0409.

(c)  Each applicant for radar instructor training shall:

(1)           Present the endorsement of a Commission‑recognized school director or agency executive officer or his designee.

(2)           Possess full criminal justice general instructor certification as required in 12 NCAC 09B .0302.

(3)           Possess a current and valid radar operator certification.

(d)  The "Radar Instructor Training Course" as published by the North Carolina Justice Academy shall be applied as basic curriculum for the radar instructor training course for radar instructors as administered by the Commission.  Copies of this publication may be inspected at the office of the agency:

Criminal Justice Standards Division

North Carolina Department of Justice

114 West Edenton Street

Old Education Building

Post Office Drawer 149

Raleigh, North Carolina 27602

and may be obtained at cost from the Academy at the following address:

North Carolina Justice Academy

Post Office Box 99

Salemburg, North Carolina  28385

(e)  Commission-certified schools that are certified to offer the "Radar Instructor Training Course" are:  The North Carolina Justice Academy.

 

History Note:        Authority G.S. 17C‑6;

Eff. November 1, 1981;

Readopted w/change Eff. July 1, 1982;

Amended Eff. January 1, 2006; April 1, 1999; November 1, 1998; August 1, 1995; July 1, 1989; February 1, 1987; August 1, 1984.

 

12 NCAC 09B .0211          TIME-DISTANCE INSTRUCTOR TRAINING COURSE

(a)  The time-distance instructor training course shall be designed to provide the trainee with the skills and knowledge to proficiently perform the function of a time-distance instructor. This course shall be for a period not to exceed eight consecutive weeks.

(b)  Each applicant for the time‑distance speed measurement instrument instructor training course shall meet the requirements of 12 NCAC 09B .0210(c)(1) and (2) and 12 NCAC 09B .0309.  The time-distance instructor training course required for time-distance instructor certification shall include the topic areas and minimum number of hours as outlined in the Time-Distance Instructor Training Course.  To qualify for time-distance instructor certification, an applicant shall meet the requirements as outlined in the Time-Distance Instructor Training Course and meet the requirement of 12 NCAC 09B .0408 and .0409.

(c)  The "Time‑Distance Instructor Training Course" as published by the North Carolina Justice Academy shall be applied as basic curriculum for the criminal justice time‑distance speed measurement instrument instructor training course for time‑distance speed measurement instructors as administered by the Commission.  Copies of this publication may be inspected at the office of the agency:

Criminal Justice Standards Division

North Carolina Department of Justice

114 West Edenton Street

Old Education Building

Post Office Drawer 149

Raleigh, North Carolina 27602

and may be obtained at cost from the Academy at the following address:

North Carolina Justice Academy

Post Office Box 99

Salemburg, North Carolina 28385

(d)  Commission-certified schools that are certified to offer the "Time Distance Instructor Training Course" are:  The North Carolina Justice Academy.

 

History Note:        Authority G.S. 17C‑6;

Eff. November 1, 1981;

Readopted w/change Eff. July 1, 1982;

Amended Eff. November 1, 2007; April 1, 1999; November 1, 1998; November 1, 1993; July 1, 1989; February 1, 1987; August 1, 1984.

 

12 NCAC 09B .0212          CERTIFICATION TRAINING FOR RADAR OPERATORS

(a)  The radar operator training course for law enforcement officers shall be designed to provide the trainee with the skills and knowledge to proficiently perform the function of a law enforcement radar operator.  This course shall be for a period not to exceed four consecutive weeks.

(b)  Only employed or appointed personnel of a law enforcement agency shall be enrolled in the radar operator training course.  Such a trainee shall not be certified as a radar operator until the basic law enforcement training course has been successfully completed and probationary or general law enforcement certification has been granted.  Sheriffs, deputy sheriffs and federal law enforcement personnel, including but not limited to armed forces personnel, shall be allowed to participate in radar operator training courses on a space available basis at the discretion of the school director without having enrolled in or having successfully completed the basic law enforcement training course and without being currently certified in a probationary status or hold general law enforcement certification.  The radar operator training course required for radar operator certification shall include but not be limited to the topic areas and minimum number of hours as outlined in the Radar Operator Training Course. To qualify for radar operator certification, an applicant shall meet the minimum requirements as outlined in the Radar Operator Training Course and meet the requirements of 12 NCAC 09B .0408 and .0409.

(c)  The "Radar Operator Training Course" as published by the North Carolina Justice Academy is to be applied as basic curriculum for the radar operator training course for radar operators as administered by the Commission.  Copies of this publication may be inspected at the office of the agency:

Criminal Justice Standards Division

North Carolina Department of Justice

114 West Edenton Street

Old Education Building

Post Office Drawer 149

Raleigh, North Carolina 27602

and may be obtained at cost from the Academy at the following address:

North Carolina Justice Academy

Post Office Box 99

Salemburg, North Carolina 28385

 

History Note:        Filed as a Temporary Amendment Eff. February 24, 1984 for a period of 120 days to expire on

June 22, 1984;

Authority G.S. 17C‑6;

Eff. November 1, 1981;

Readopted w/change Eff. July 1, 1982;

Amended Eff. April 1, 1999; November 1, 1998; August 1, 1995; February 1, 1991; July 1, 1989;

August 1, 1984.

 

12 NCAC 09B .0213          CERTIFICATION TRAINING FOR RADAR/TIME-DISTANCE OPERATORS

(a)  The radar/time‑distance operator training course for law enforcement officers shall be designed to provide the trainee with the skills and knowledge to proficiently perform the function of a radar/time‑distance operator.  This course shall be for a period not to exceed four consecutive weeks.

(b)  Only employed or appointed personnel of a law enforcement agency may be enrolled in the radar and time‑distance speed measurement instrument operator training course.  Such a trainee shall not be certified as a radar and time‑distance speed measurement instrument operator until the basic law enforcement training course has been successfully completed and probationary or general law enforcement certification has been granted.  Sheriffs, deputy sheriffs, and federal law enforcement personnel, including but not limited to armed forces personnel, shall be allowed to participate in radar and time‑distance speed measurement instrument operator training courses on a space available basis at the discretion of the school director without having enrolled in or having successfully completed the basic law enforcement training course and without being currently certified in a probationary status or holding general law enforcement certification.  The radar/time-distance operator training course required for radar/time-distance operator certification shall include but not be limited to the topic areas and minimum number of hours as outlined in the Radar/Time-Distance Operator Training Course. To qualify for radar/time-distance operator certification, an applicant shall meet the minimum requirements as outlined in the Radar/Time-Distance Operator Training Course and meet the requirements of 12 NCAC 9B .0408 and .0409.

(c)  The "Radar/Time‑Distance Operator Training Course" as published by the North Carolina Justice Academy is to be applied  as basic curriculum for the radar/time‑distance operator training course for radar/time‑distance  instrument operators as administered by the Commission.  Copies of this publication may be inspected at the office of the agency:

Criminal Justice Standards Division

North Carolina Department of Justice

114 West Edenton Street

Old Education Building

Post Office Drawer 149

Raleigh, North Carolina 27602

and may be obtained at cost from the Academy at the following address:

North Carolina Justice Academy

Post Office Box 99

Salemburg, North Carolina 28385

 

History Note:        Authority G.S. 17C‑6;

Eff. November 1, 1981;

Readopted w/change Eff. July 1, 1982;

Amended Eff. April 1, 1999; November 1, 1998; August 1, 1995; February 1, 1991; July 1, 1989;

August 1, 1984.

 

12 NCAC 09B .0214          CERTIFICATION TRAINING FOR TIME-DISTANCE OPERATORS

(a)  The time‑distance operator training course for law enforcement officers shall be designed to provide the trainee with the skills and knowledge to proficiently perform the function of a time‑distance operator.  This course shall not exceed four consecutive weeks.

(b)  Only employed or appointed personnel of a law enforcement agency may be enrolled in the time‑distance speed measurement operator training course.  Such a trainee shall not be certified as a time‑distance speed measurement operator until the basic law enforcement training course has been successfully completed and probationary or general law enforcement certification has been granted.  Sheriffs, deputy sheriffs, and federal law enforcement personnel, including but not limited to armed forces personnel, shall be allowed to participate in time‑distance speed measurement operator training courses on a space available basis at the discretion of the school director without having enrolled in or having successfully completed the basic law enforcement training course and without being currently certified in a probationary status or holding general law enforcement certification.  The time-distance operator training course required for time-distance operator certification shall include but not be limited to the topic areas and minimum number of hours as outlined in the Time-Distance Operator Training Course.  To qualify for time-distance operator certification, an applicant shall meet the minimum requirements as outlined in the Time-Distance Operator Training Course and meet the requirements of 12 NCAC 09B .0408 and .0409.

(c)  The "Time‑Distance Operator Training Course" as published by the North Carolina Justice Academy is to be applied as basic curriculum for the time‑distance operator training course for time‑distance operators as administered by the Commission.  Copies of this publication may be inspected at the office of the agency:

Criminal Justice Standards Division

North Carolina Department of Justice

114 West Edenton Street

Old Education Building

Post Office Drawer 149

Raleigh, North Carolina 27602

and may be obtained at cost from the Academy at the following address:

North Carolina Justice Academy

Post Office Box 99

Salemburg, North Carolina 28385

 

History Note:        Authority G.S. 17C‑6;

Eff. November 1, 1981;

Readopted w/change Eff. July 1, 1982;

Amended Eff. April 1, 1999; November 1, 1998; August 1, 1995; February 1, 1991; July 1, 1989;

August 1, 1984.

 

12 NCAC 09B .0215          SUPPLEMENTAL SMI TRAINING

(a)  The supplemental speed measuring instrument (SMI) training course for law enforcement officers shall be designed to allow officers an opportunity to be certified on additional speed measurement instruments not included on the officers' initial speed measurement instrument certification. The course shall be designed to provide the trainee with the skills and knowledge to proficiently perform those tasks essential to function as an instructor or operator using the additional speed measuring instrument(s).

(b)  Each applicant for supplemental speed measuring instrument training shall:

(1)           possess a valid radar, time-distance, or lidar speed measuring instrument instructor or operator certification as a result of successful completion of 12 NCAC 09B .0210, .0211, .0212, .0213, .0214, .0237, .0238, .0242, or .0244;

(2)           present the endorsement of a Commission-recognized school director or agency executive officer or his designee.

(c)  The supplemental SMI training course required for certification on the additional instrument(s) shall include the topic areas and number of hours as outlined in the Supplemental SMI Training Course. To qualify for certification on the additional instrument(s) an applicant shall meet the requirements as outlined in the Supplemental SMI Training Course and meet the requirements of 12 NCAC 09B .0409.

(d)  Certification as instructor or operator of the additional speed measuring instruments shall expire on midnight of the date of expiration of the instructor or operator certification referred to in 12 NCAC 09B .0215(b) and .0310(a).

(e)  The "Supplemental SMI Training Course" as published by the North Carolina Justice Academy shall be applied as basic curriculum for the supplemental SMI training course for SMI instructors or operators as administered by the Commission.  Copies of this publication may be inspected at the office of the agency:

Criminal Justice Standards Division

North Carolina Department of Justice

114 West Edenton Street

Post Office Drawer 149

Raleigh, North Carolina 27602

and may be obtained at cost from the Academy at the following address:

North Carolina Justice Academy

Post Office Box 99

Salemburg, North Carolina 28385

(f)  Commission-certified schools that are certified to offer the "Supplemental SMI Training Course" for Instructors are:  The North Carolina Justice Academy.

 

History Note:        Authority G.S. 17C‑6;

Eff. November 1, 1981;

Readopted Eff. July 1, 1982;

Amended Eff. November 1, 2007; May 1, 2004; August 1, 2002; April 1, 1999.

 

12 NCAC 09B .0216          BASIC TRAINING - PAROLE CASE ANALYSTS

 

History Note:        Authority G.S. 17C‑6;

Eff. April 1, 1983;

Amended Eff. January 1, 1985;

Temporary Repeal Eff. January 1, 2001;

Repealed Eff. August 1, 2002.

 

12 NCAC 09B .0217          BASIC TRAINING ‑‑ ALCOHOL LAW ENFORCEMENT AGENTS

 

History Note:        Authority G.S. 17C‑6; 17C‑10;

Eff. April 1, 1983;

Amended Eff. December 1, 1987; October 1, 1985;

Repealed Eff. November 1, 1993.

 

 

 

12 NCAC 09B .0218          RE‑CERTIFICATION TRAINING FOR RADAR INSTRUCTORS

(a)  The radar instructor re-certification training course shall be designed to provide the instructor with the skills and knowledge to continue to proficiently perform the function of a criminal justice radar instructor.  This course shall be presented within a period not to exceed one week.

(b)  Each applicant for a radar instructor re-certification course shall:

(1)           possess criminal justice general instructor certification as required in 12 NCAC 09B .0302;

(2)           have been certified as a radar instructor within the three years preceding the completion date of the re-certification course.

(c)  The radar instructor re-certification training course required for radar instructor re-certification shall include the topic areas and minimum number of hours as outlined in the Radar Instructor Training Course.  To qualify for radar instructor re-certification, an applicant shall meet the requirements as outlined in the Radar Instructor Training Course and meet the requirements of 12 NCAC 09B .0408 and .0409.

(d)  The "Radar Instructor Training Course" as published by the North Carolina Justice Academy is to be applied as basic curriculum for the radar instructor re-certification training course for radar instructors as administered by the Commission.  Copies of this publication may be inspected at the office of the agency:

Criminal Justice Standards Division

North Carolina Department of Justice

114 West Edenton Street

Post Office Drawer 149

Raleigh, North Carolina 27602

and may be obtained at cost from the Academy at the following address:

North Carolina Justice Academy

Post Office Box 99

Salemburg, North Carolina 28385

(e)  Commission-accredited schools that are accredited to offer the "Radar Instructor Re-Certification Training Course" are:  The North Carolina Justice Academy.

 

History Note:        Authority G.S. 17C‑6;

Eff. July 1, 1983;

Amended Eff. November 1, 2007; April 1, 1999; July 1, 1989; February 1, 1987.

 

12 NCAC 09B .0219          RE‑CERTIFICATION TRAINING FOR TIME-DISTANCE INSTRUCTORS

(a)  The time-distance instructor re-certification training course shall be designed to provide the instructor with the skills and knowledge to continue to proficiently perform the function of a criminal justice time-distance instructor.  This course shall be presented within a period not to exceed one week.

(b)  Each applicant for the time‑distance instructor re-certification course shall:

(1)           Meet the requirements of 12 NCAC 09B .0218(b) and shall have successfully completed the re-certification courses of 12 NCAC 09B .0218(c).

(2)           Have been certified as a time‑distance instructor within the three years preceding the completion date of the re-certification course.

(c)  The time-distance instructor re-certification training course required for time-distance instructor re-certification shall include the topic areas and minimum number of hours as outlined in the Time-Distance Instructor Training Course. To qualify for time-distance instructor re-certification, an applicant shall meet the requirements as outlined in the Time-Distance Instructor Training Course and meet the requirements of 12 NCAC 09B .0408 and .0409.

(d)  The "Time-Distance Instructor Training Course" as published by the North Carolina Justice Academy shall be applied as basic curriculum for the time-distance instructor re-certification training course for time-distance instructors as administered by the Commission.  Copies of this publication may be inspected at the office of the agency:

Criminal Justice Standards Division

North Carolina Department of Justice

114 West Edenton Street

Post Office Drawer 149

Raleigh, North Carolina 27602

and may be obtained at cost from the Academy at the following address:

North Carolina Justice Academy

Post Office Box 99

Salemburg, North Carolina 28385

(e)  Commission-certified schools that are certified to offer the "Time-Distance Instructor Re-Certification Training Course" are:  The North Carolina Justice Academy.

 

History Note:        Authority G.S. 17C‑6;

Eff. July 1, 1983;

Amended Eff. November 1, 2007; April 1, 1999; July 1, 1989; February 1, 1987.

 

12 NCAC 09B .0220          RE‑CERTIFICATION COURSE FOR RADAR OPERATORS

(a)  The radar operator re‑certification training course shall be designed to provide the law enforcement officer with the skills and knowledge to continue to proficiently perform the function of a radar operator.  This course shall be presented within a period not to exceed one week.

(b)  Each applicant for a radar operator re‑certification course shall meet the requirements of 12 NCAC 09C .0308(c) and (d).

(c)  Federal law enforcement personnel shall be allowed to participate in radar operator re‑certification courses at the discretion of the school director without meeting the requirements specified in 12 NCAC 09B .0220(b), but such personnel must have successfully completed one introductory level speed measurement instrument course that included instruction on operation of radar instruments. Courses that meet this requirement are described in 09B .0212, .0213, .0242, and .0244.

(d)  The radar operator re-certification training course required for radar operator re-certification shall include the topic areas and number of hours as outlined in the Radar Operator Training Course.  To qualify for radar operator re-certification, an applicant shall meet the requirements as outlined in the Radar Operator Training Course and meet the requirements of 12 NCAC 09B .0408 and .0409.

(e)  The "Radar Operator Training Course" as published by the North Carolina Justice Academy shall be applied as basic curriculum for the radar operator re-certification training course for radar operators as administered by the Commission.  Copies of this publication may be inspected at the office of the agency:

Criminal Justice Standards Division

North Carolina Department of Justice

114 West Edenton Street

Post Office Drawer 149

Raleigh, North Carolina 27602

and may be obtained at cost from the Academy at the following address:

North Carolina Justice Academy

Post Office Box 99

Salemburg, North Carolina 28385

 

History Note:        Authority G.S. 17C‑6;

Eff. October 1, 1983;

Temporary Amendment Eff. February 24, 1984 for a period of 120 days to expire on June 22, 1984;

Amended Eff. November 1, 2007; April 1, 1999; November 1, 1993; August 1, 1984.

 

12 NCAC 09B .0221          RE‑CERTIFICATION COURSE FOR RADAR/TIME-DISTANCE OPERATORS

(a)  The radar/time-distance operator re‑certification training course shall be designed to provide the law enforcement officer with the skills and knowledge to continue to proficiently perform the function of a radar/time‑distance operator.  This course shall be presented within a period not to exceed one week.

(b)  Each applicant for a radar and time‑distance operator re‑certification course shall meet the requirements of 12 NCAC 09C .0308(c) and (d).

(c)  Federal law enforcement personnel shall be allowed to participate in radar and time‑distance operator re‑certification courses at the discretion of the school director without meeting the requirements specified in 12 NCAC 09B .0221(b), but such personnel must have successfully completed one or more introductory level speed measurement instrument courses that included instruction on operation of radar instruments and time-distance instruments. Courses that meet this requirement are described in 12 NCAC 09B .0212, .0213, .0214, .0242, and .0244.

(d)  The radar/time-distance operator re-certification training course required for radar/time-distance operator re-certification shall include the topic areas and number of hours as outlined in the Radar/Time-Distance Operator Training Course.  To qualify for radar/time-distance operator re-certification, an applicant shall meet the requirements as outlined in the Radar/Time-Distance Operator Training Course and meet the requirements of 12 NCAC 09B .0408 and .0409.

(e)  The "Radar/Time-Distance Operator Training Course" as published by the North Carolina Justice Academy shall be applied as basic curriculum for the radar/time-distance operator re-certification training course for radar/time-distance operators as administered by the Commission.  Copies of this publication may be inspected at the office of the agency:

Criminal Justice Standards Division

North Carolina Department of Justice

114 West Edenton Street

Post Office Drawer 149

Raleigh, North Carolina 27602

and may be obtained at cost from the Academy at the following address:

North Carolina Justice Academy

Post Office Box 99

Salemburg, North Carolina 28385

 

History Note:        Authority G.S. 17C‑6;

Eff. October 1, 1983;

Amended Eff. November 1, 2007; April 1, 1999; November 1, 1993; August 1, 1984.

 

12 NCAC 09B .0222          RE‑CERTIFICATION COURSE FOR TIME-DISTANCE OPERATORS

(a)  The time-distance operator re-certification training course shall be designed to provide the trainee with the skills and knowledge to continue to proficiently perform the function of a time‑distance operator.  This course shall be presented within a period not to exceed one week.

(b)  Each applicant for a time‑distance operator re‑certification course shall meet the requirements of 12 NCAC 09C .0308(c) and (d).

(c) Federal law enforcement personnel shall be allowed to participate in time‑distance operator re‑certification courses at the discretion of the school director without meeting the requirements specified in 12 NCAC 09B .0222(b), but such personnel must have successfully completed one introductory level speed measurement instrument course that included instruction on operation of time-distance instruments.  Courses that meet this requirement are described in 12 NCAC 09B .0213, .0214, .0242, and .0244.

(d)  The time-distance operator re-certification training course required for time-distance operator re-certification shall include the topic areas and number of hours as outlined in the Time-Distance Operator Training Course.  To qualify for time-distance operator re-certification, an applicant shall meet the requirements as outlined in the Time-Distance Operator Training Course and meet the requirements of 12 NCAC 09B .0408 and .0409.

(e)  The "Time-Distance Operator Training Course" as published by the North Carolina Justice Academy shall be applied as basic curriculum for the time-distance operator re-certification training course for time-distance operators as administered by the Commission.  Copies of this publication may be inspected at the office of the agency:

Criminal Justice Standards Division

North Carolina Department of Justice

114 West Edenton Street

Post Office Drawer 149

Raleigh, North Carolina 27602

and may be obtained at cost from the Academy at the following address:

North Carolina Justice Academy

Post Office Box 99

Salemburg, North Carolina 28385

 

History Note:        Authority G.S. 17C‑6;

Eff. October 1, 1983;

Amended Eff. November 1, 2007; April 1, 1999; November 1, 1993; July 1, 1989; August 1, 1984.

 

12 NCAC 09B .0223          BASIC TRAINING - PROBATION/PAROLE oFFICERS‑SURVEILLANCE

 

History Note:        Filed as a Temporary Rule Eff. December 14, 1983 for a period of 120 days to expire on April 12, 1984;

Authority G.S. 17C‑6;

Eff. April 1, 1984;

Amended Eff. January 1, 1995;

Temporary Repeal Eff. January 1, 2001;

Repealed Eff. August 1, 2002.

 

12 NCAC 09B .0224          BASIC TRAINING ‑‑ COUNTY CONFINEMENT FACILITY

(a)  The basic training course for detention officers as prescribed in 12 NCAC 10B by the North Carolina Sheriffs' Education and Training Standards Commission is hereby incorporated by reference, and shall automatically include any subsequent amendments and editions of the incorporated material as provided by G.S. 150B-21.6, to be the minimum basic training course required for county confinement facility personnel.  The "Detention Officer Certification Training Manual" as published by the North Carolina Justice Academy shall apply as the basic curriculum for county confinement facility personnel.  Copies of this manual may be obtained by contacting the North Carolina Justice Academy, Post Office Box 99, Salemburg, North Carolina 28385-0099.  The cost of this manual is forty dollars ($40.00) per copy.

(b)  Notice of successful course completion issued by the Sheriffs' Standards Division shall be sufficient to satisfy this requirement.

 

History Note:        Authority G.S. 17C‑2; 17C‑6; 17C‑10;

Eff. June 1, 1986;

Amended Eff. August 1, 1998; January 1, 1992; July 1, 1989.

 

 

 

12 NCAC 09B .0225          BASIC TRAINING ‑‑ LOCAL CONFINEMENT PERSONNEL

(a)  The basic training course for detention officers as prescribed in 12 NCAC 10B by the North Carolina Sheriffs' Education and Training Standards Commission is hereby incorporated by reference, and shall automatically include any later amendments and editions of the incorporated material as provided by G.S. 150B-21.6 to be the minimum basic training course required for local confinement facility personnel.  The "Detention Officer Certification Training Manual" as published by the North Carolina Justice Academy shall apply as the basic curriculum for local confinement facility personnel.  Copies of this manual may be obtained by contacting the North Carolina Justice Academy, Post Office Box 99, Salemburg, North Carolina 28385-0099.  The cost of this manual is forty dollars ($40.00) per copy.

(b)  Notice of successful course completion issued by the Sheriffs' Standards Division shall be sufficient to satisfy this requirement.

 

History Note:        Authority G.S. 17C‑2; 17C‑6; 17C‑10;

Eff. June 1, 1986;

Amended Eff. August 1, 1998; March 1, 1992.

 

 

 

12 NCAC 09B .0226          SPECIALIZED FIREARMS INSTRUCTOR TRAINING

(a)  The instructor training course for specialized firearms instructor certification shall consist of a minimum of 83 hours of instruction presented during a continuous period of not more than two weeks.

(b)  Each specialized firearms instructor training course shall be designed to provide the trainee with the skills and knowledge to perform the function of a criminal justice firearms instructor in a Basic Law Enforcement Training Course or a "Law Enforcement Officers' In‑Service Firearms Training and Qualification Program".

(c)  Each applicant for specialized firearms instructor training shall:

(1)           have completed the criminal justice general instructor training course; and

(2)           present a written endorsement by either

(A)          a certified school director indicating the student will be utilized to instruct firearms in the Basic Law Enforcement Training Course; or

(B)          a department head, certified school director, or in-service training coordinator, indicating the student will be utilized to instruct firearms in a "Law Enforcement Officers' In‑Service Firearms Training and Qualification Program."

(d)  Each specialized firearms instructor training course shall include the following identified topic areas and minimum instructional hours for each area:

(1)           Orientation/Pretest                                                                                                        8 Hours

(2)           Range Operations                                                                                                        38 Hours

(3)           Civil Liability                                                                                                                  4 Hours

(4)           Night Firing                                                                                                                     2 Hours

(5)           Combat Shooting                                                                                                                          8 Hours

(6)           Mental Conditioning                                                                                                     1 Hours

(7)           Shotgun Operation and Firing                                                                                     4 Hours

(8)           Service Handgun ‑ Operation and Use                                                                      5 Hours

(9)           Rifle ‑ Operation and Maintenance                                                                           4 Hours

(10)         Service Handgun ‑ Maintenance and Cleaning                                                       2 Hours

(11)         Range Medical Emergencies                                                                                       2 Hours

(12)         In‑Service Firearms Requirements                                                                             2 Hours

(13)         BLET Lesson Plan Review/Post Test                                                                        3 Hours

(e)  The "Specialized Firearms Instructor Training Manual" as published by the North Carolina Justice Academy shall be used as the basic curriculum for delivery of specialized firearms instructor training courses.  Copies of this publication may be inspected at the:

Criminal Justice Standards Division

North Carolina Department of Justice

1700 Tryon Park Drive

Post Office Drawer 149

Raleigh, North Carolina   27610

and may be obtained at no cost to the student from the Academy at the following address:

North Carolina Justice Academy

Post Office Box 99

Salemburg, North Carolina  28385

(f)  The Commission-certified school that is certified to offer the "Specialized Firearms Instructor Training" course is the North Carolina Justice Academy.

 

History Note:        Authority G.S. 17C‑6;

Eff. May 1, 1986;

Amended Eff. February 1, 2013; August 1, 2006; August 1, 2000; November 1, 1998; August 1, 1995; February 1, 1991; March 1, 1990; July 1, 1989.

 

12 NCAC 09B .0227          SPECIALIZED DRIVER INSTRUCTOR TRAINING

(a)  The instructor training course required for specialized driver instructor certification shall consist of a minimum of 33 hours of instruction presented during a continuous period of not more than one week.

(b)  Each specialized driver instructor training course shall be designed to provide the trainee with the skills and knowledge to perform the function of a criminal justice driver instructor in a Basic Law Enforcement Training Course or a "Law Enforcement Officers' Annual In-Service Training Program."

(c)  Each applicant for specialized driver instructor training shall:

(1)           have completed the criminal justice general instructor training course;

(2)           present a written endorsement by either

(A)          a certified school director indicating the student may be utilized to instruct driving in Basic Law Enforcement Training Courses; or

(B)          a department head, certified school director, or in-service training coordinator, indicating the student may be utilized to instruct driver training in the "Law Enforcement Officer's Annual In‑Service Training Program";

(3)           possess a valid operator driver's license; and

(4)           maintain a safe driving record where no more than four points have been assigned against the driving record within the past three years.

(d)  Each specialized driver instructor training course shall include the following identified topic areas and instructional hours for each area:

(1)           Orientation                                                                                                                      1 Hours

(2)           Lesson Plan Review (BLET)                                                                                       4 Hours

(3)           General Mechanical Knowledge                                                                                 1 Hour

(4)           Before ‑ Operation Inspection                                                                                    1 Hours

(5)           Laws of Natural Force & Operating Characteristics                                               2 Hours

(6)           Driver Practicum/Pre-Test                                                                                          19 Hours

(7)           Fundamentals of Professional Liability for Trainers                                              4 Hours

(8)           Course Review                                                                                                                 1 Hour

(e)  The "Specialized Driver Instructor Training Manual" as published by the North Carolina Justice Academy shall be the curriculum for specialized driver instructor training courses.  Copies of this publication may be inspected at the:

Criminal Justice Standards Division

North Carolina Department of Justice

1700 Tryon Park Drive

Post Office Drawer 149

Raleigh, North Carolina 27610

and may be obtained at the cost of printing and postage from the Academy at the following address:

North Carolina Justice Academy

Post Office Box 99

Salemburg, North Carolina 28385

(f)  Commission-certified schools that are certified to offer the "Specialized Driver Instructor Training" course are The North Carolina Justice Academy and The North Carolina State Highway Patrol Training Center.

 

History Note:        Authority G.S. 17C‑6;

Eff. May 1, 1986;

Amended Eff. January 1, 2015; February 1, 2013; August 1, 2006; February 1, 2006; August 1, 2000; November 1, 1998; August 1, 1995; February 1, 1991; March 1, 1990; July 1, 1989.

 

12 NCAC 09B .0228          BASIC TRAINING - WILDLIFE ENFORCEMENT OFFICERS

(a)  The basic training course for wildlife enforcement officers appointed by the Wildlife Resources Commission as authorized under G.S. 113‑136 shall consist of at least 652 hours of instruction designed to provide the trainee with the skills and knowledge to perform those tasks essential to function as a wildlife enforcement officer.

(b)  Each basic training course for wildlife enforcement officers shall include the following identified topical areas and minimum instructional hours for each area:

(1)           Course Orientation                                                                                                                                2 Hours

(2)           Arrest Search & Seizure/Constitutional Law                                                                                  28 Hours

(3)           Law Enforcement Communications and Information System                                                   8 Hours

(4)           Elements of Criminal Law                                                                                                                 24 Hours

(5)           Subject Control/Arrest Techniques                                                                                                  48 Hours

(6)           Juvenile Law and Procedures                                                                                                              8 Hours

(7)           First Responder                                                                                                                                    40 Hours

(8)           Firearms                                                                                                                                                                48 Hours

(9)           Hunter Safety                                                                                                                                      12 Hours

(10)         Patrol Techniques                                                                                                                                16 Hours

(11)         Field Notetaking and Report Writing                                                                                               12 Hours

(12)         Domestic Violence Response                                                                                                            12 Hours

(13)         Criminal Investigation                                                                                                                        12 Hours

(14)         Field & Custodial Interviews                                                                                                             16 Hours

(15)         Controlled Substances                                                                                                                        10 Hours

(16)         ABC Laws and Procedures                                                                                                                  4 Hours

(17)         Explosives & Hazardous Materials                                                                                                 12 Hours

(18)         Law Enforcement Drivers Training                                                                                                  48 Hours

(19)         Preparing for Court and Testifying in Court                                                                                   12 Hours

(20)         Game and Fish Laws                                                                                                                          36 Hours

(21)         Motorboat Laws                                                                                                                                  16 Hours

(22)         Boating Procedures & Small Boat Handling                                                                                  20 Hours

(23)         Dealing with Problem Animal Situations                                                                                          4 Hours

(24)         Basic Field Identification of Fishes                                                                                                    6 Hours

(25)         Basic Field Identification of Game Animals, Game Birds and Non-Game Animals               2 Hours

(26)         Identification of Migratory Waterfowl                                                                                             2 Hours

(27)         Endangered Species                                                                                                                              2 Hours

(28)         Trapping                                                                                                                                                  8 Hours

(29)         Water Safety and Swimming                                                                                                            20 Hours

(30)         Knotsmanship, A Practical Use of Rope                                                                                          2 Hours

(31)         Wildlife Law Enforcement and the Media                                                                                       8 Hours

(32)         Motorboat Accident Investigation                                                                                                   12 Hours

(33)         Crowd Management                                                                                                                           12 Hours

(34)         Rapid Deployment                                                                                                                                8 Hours

(35)         Covert Activities                                                                                                                                    2 Hours

(36)         Basic Photography                                                                                                                                4 Hours

(37)         Motor Vehicle Laws                                                                                                                            20 Hours

(38)         Physical Training                                                                                                                                 60 Hours

(39)         Standardized Field Sobriety Training                                                                                              32 Hours

(40)         Ethics                                                                                                                                                      4 Hours

(c)  The "Wildlife Basic Training Manual" as published by the North Carolina Wildlife Resources Commission shall be used as the basic curriculum for delivery of wildlife enforcement officer basic training courses.  Copies of this publication may be inspected at the office of the agency:

The Division of Enforcement Training Office

North Carolina Wildlife Resources Commission

1751 Varsity Drive

NCSU Centennial Campus

Raleigh, North Carolina  27606-2576

and may be obtained from the Wildlife Resources Commission for ninety-five dollars ($95.00) per copy.

(d)  Commission‑accredited schools that are accredited to offer the "Basic Training: Wildlife Enforcement Officers" course are:  The Division of Enforcement Training Office of the North Carolina Wildlife Resources Commission.

 

History Note:        Authority G.S. 17C‑6; 17C‑10;

Eff. February 1, 1987;

Amended Eff. April 1, 2008; August 1, 2004; August 1, 2000; August 1, 1995; July 1, 1991; July 1, 1989.

 

12 NCAC 09B .0229          CORRECTIONS SPECIALIZED INSTRUCTOR TRAINING ‑ FIREARMS

12 ncac 09b .0230          Corrections specialized instructor tra – unarmed self-def

12 ncac 09b .0231          basic training – probation/parole intensive officer

 

History Note:        Authority G.S. 17C‑6;

Eff. February 1, 1987;

Amended Eff. January 1, 1995; July 1, 1989;

Temporary Repeal Eff. January 1, 2001;

Repealed Eff. August 1, 2002.

 

12 NCAC 09B .0232          SPECIALIZED SUBJECT CONTROL ARREST TECHNIQUES INSTRUCTOR TRAINING

(a)  The instructor training course required for specialized subject control arrest techniques instructor certification shall consist of a minimum of 78 hours of instruction presented during a continuous period of not more than two weeks.

(b)  Each specialized subject control arrest techniques instructor training course shall be designed to provide the trainee with the skills and knowledge to perform the function of a criminal justice subject control arrest techniques instructor in a Basic Law Enforcement Training Course or a "Law Enforcement Officers' Annual In-Service Training Program."

(c)  Each applicant for specialized subject control arrest techniques instructor training shall:

(1)           have completed the criminal justice general instructor training course;

(2)           present a letter from a licensed physician stating the applicant's physical fitness to participate in the course; and

(3)           present a written endorsement by either

(A)          a certified school director indicating the student may be utilized to instruct subject control arrest techniques in Basic Law Enforcement Training Courses; or

(B)          a department head, certified school director, or in-service training coordinator indicating the student may be utilized to instruct Subject Control Arrest Techniques for the "Law Enforcement Officers' In-Service Training Program."

(d)  Each specialized subject control arrest techniques instructor training course shall include the following identified topic areas and minimum instructional hours for each area:

(1)           Orientation                                                                                                                                1 Hour

(2)           Skills Pre-Test                                                                                                                           1 Hour

(3)           Student Instructional Practicum                                                                                         3 Hours

(4)           Practical Skills Evaluation                                                                                                   3 Hours

(5)           Response to Injury                                                                                                                4 Hours

(6)           Combat Conditioning                                                                                                         12 Hours

(7)           Safety Guidelines/Rules                                                                                                       2 Hours

(8)           Practical Skills Enhancement                                                                                              4 Hours

(9)           Subject Control/Arrest Techniques Practical Skills and Instructional Methods      44 Hours

(10)         Fundamentals of Professional Liability For Law Enforcement Trainers                    4 Hours

TOTAL                                                                                                                                  78 Hours

(e)  The "Specialized Subject Control Arrest Techniques Instructor Training Manual" as published by the North Carolina Justice Academy shall be the curriculum for specialized subject control arrest techniques instructor training courses.  Copies of this publication may be inspected at the:

Criminal Justice Standards Division

North Carolina Department of Justice

1700 Tryon Park Drive

Post Office Drawer 149

Raleigh, North Carolina 27610

and may be obtained at the cost of printing and postage from the Academy at the following address:

North Carolina Justice Academy

Post Office Box 99

Salemburg, North Carolina 28385

(f)  The Commission-certified school that is certified to offer the "Specialized Subject Control Arrest Techniques Instructor Training" course is the North Carolina Justice Academy.

 

History Note:        Authority G.S. 17C‑6;

Eff. February 1, 1987;

Amended Eff. January 1, 2015; February 1, 2013; December 1, 2009; August 1, 2006; August 1, 2000; November 1, 1998; August 1, 1995; March 1, 1990; July 1, 1989.

 

12 NCAC 09B .0233          SPECIALIZED PHYSICAL FITNESS INSTRUCTOR TRAINING

(a)  The instructor training course required for specialized physical fitness instructor certification shall consist of a minimum of 58 hours of instruction presented during a continuous period of not more than two weeks.

(b)  Each specialized physical fitness instructor training course shall be designed to provide the trainee with the skills and knowledge to perform the function of a criminal justice physical fitness instructor in a Basic Law Enforcement Training Course or a "Law Enforcement Officers' Annual In-Service Training Program."

(c)  Each applicant for specialized physical fitness training shall:

(1)           qualify through one of the following three options:

(A)          have completed the criminal justice general instructor training course;

(B)          hold a current and valid North Carolina Teacher's Certificate, hold a baccalaureate degree in physical education, and be teaching in physical education topics; or

(C)          be presently instructing physical education topics in a community college, college, or university and possess a baccalaureate degree in physical education; and

(2)           present a written endorsement by either:

(A)          a school director indicating the student may be utilized to instruct physical fitness in Basic Law Enforcement Training Courses; or

(B)          a certified school director, or in-service training coordinator indicating the student may be utilized to instruct physical fitness for the "Law Enforcement Officers' In-Service Training Program"; and

(3)           present a letter from a physician stating fitness to participate in the course.

(d)  Each specialized physical fitness instructor training course shall include the following identified topic areas and minimum instructional hours for each area:

(1)           Orientation                                                                                                                                            5 Hours

(2)           Lesson Plan Review                                                                                                                            4 Hours

(3)           Physical Fitness Assessments, Exercise Programs and Instructional Methods                    31 Hours

(4)           Injury Care and Prevention                                                                                                               4 Hours

(5)           Nutrition                                                                                                                                                6 Hours

(6)           Civil Liabilities for Trainers                                                                                                               2 Hours

(7)           CVD Risk Factors                                                                                                                                2 Hours

(8)           Developing In-Service Wellness Programs and Validating Fitness Standards                         4 Hours

TOTAL                                                                                                                                              58 Hours

(e)  The "Physical Fitness Instructor Training Manual" as published by the North Carolina Justice Academy shall be the curriculum for specialized physical fitness instructor training courses.  Copies of this publication may be inspected at the:

Criminal Justice Standards Division

North Carolina Department of Justice

1700 Tryon Park Drive

Post Office Drawer 149

Raleigh, North Carolina 27610

and may be obtained at the cost of printing and postage from the Academy at the following address:

North Carolina Justice Academy

Post Office Box 99

Salemburg, North Carolina 28385

(f)  The Commission-certified school that is certified to offer the "Specialized Physical Fitness Instructor Training" course is the North Carolina Justice Academy.

 

History Note:        Authority G.S. 17C‑6;

Eff. July 1, 1989;

Amended Eff. January 1, 2015; February 1, 2013; December 1, 2009; August 1, 2006; August 1, 2002; August 1, 2000; November 1, 1998; March 1, 1990; August 1, 1985.

 

12 NCAC 09B .0234          BASIC TRAINING ‑‑ JUVENILE DETENTION HOMES PERSONNEL

 

History Note:        Authority G.S. 17C‑2; 17C‑6; 17C‑10;

Eff. March 1, 1990;

Amended Eff. August 1, 2001;

Temporary Repeal Eff. April 15, 2003;

Repealed Eff. April 1, 2004.

 

12 NCAC 09B .0235          BASIC TRAINING – juvenile court counselors and chief court counselors

(a)  The basic training course for Juvenile Court Counselors and Chief Court Counselors shall consist of a minimum of 160 hours of instruction designed to provide the trainee with the skills and knowledge to perform those tasks essential to function as a Juvenile Court Counselor and a Chief Court Counselor.

(b)  Each basic training course for Juvenile Court Counselors shall include training in the following topical areas:

(1)           Juvenile Justice Common Core:

(A)          Juvenile Justice Overview;

(B)          Counseling and Communication Skills;

(C)          Characteristics of Delinquents;

(D)          Unlawful Workplace Harassment;

(E)           Professional Ethics;

(F)           Staff and Juvenile Relationships;

(G)          Gang Awareness;

(H)          Situational Awareness and Risk Assessment;

(I)            Restraints, Controls and Defensive Techniques;

(J)            Secure Transportation;

(K)          Mental Health; and

(L)           Basic Life Support: CPR and First Aid; and

(2)           Juvenile Court Counselor Specific:

(A)          Roles and Responsibilities;

(B)          Juvenile Law;

(C)          Intake;

(D)          Risk and Needs Assessment;

(E)           Report Writing and Documentation;

(F)           Interviewing; and

(G)          Driver Safety.

(c)  The "Juvenile Court Counselor Basic Training Manual" as published by the North Carolina Department of Public Safety shall be applied as the basic curriculum for delivery of Juvenile Court Counselor basic training courses.  Copies of this publication may be inspected at or purchased at the cost of printing and postage from the office of the agency:

The Office of Staff Development and Training

North Carolina Department of Public Safety

2211 Schieffelin Road

Apex, North Carolina 27502

(d)  Upon successful completion of a Commission-certified training course for Juvenile Court Counselors and Chief Court Counselors, the Director of the school conducting such course shall notify the Commission of the satisfactory achievement of trainees by submitting a Report of Training Course Completion for each successful trainee.

(e)  Employees of the Division of Juvenile Justice who have successfully completed the minimum 160 hour training program accredited by the Commission pursuant to Rule .0236 of this Section after January 1, 2013 who transfer from a Juvenile Justice Officer position to a Juvenile Court Counselor position shall be required to successfully complete only the portions of the course identified as specific to the duties and responsibilities of a Juvenile Court Counselor under Subparagraph (b)(2) of this Rule.

 

History Note:        Authority G.S. 17C-2; 17C-6; 17C-10;

Temporary Adoption Eff. April 15, 2003;

Eff. April 1, 2004;

Amended Eff. May 1, 2014.

 

12 NCAC 09B .0236          BASIC TRAINING - JUVENILE JUSTICE OFFICERS

(a)  The basic training course for Juvenile Justice Officers shall consist of a minimum of 160 hours of instruction designed to provide the trainee with the skills and knowledge to perform those tasks essential to function as a juvenile justice officer.

(b)  Each basic training course for Juvenile Justice Officers shall include training in the following identified topical areas:

(1)           Juvenile Justice Common Core:

(A)          Juvenile Justice Overview;

(B)          Counseling and Communication Skills;

(C)          Characteristics of Delinquents;

(D)          Unlawful Workplace Harassment;

(E)           Professional Ethics;

(F)           Staff and Juvenile Relationships;

(G)          Gang Awareness;

(H)          Situational Awareness and Risk Assessment;

(I)            Restraints, Controls and Defensive Techniques;

(J)            Secure Transportation;

(K)          Mental Health; and

(L)           Basic Life Support: CPR and First Aid; and

(2)           Juvenile Justice Officer Specific:

(A)          Treatment Program Operation;

(B)          Maintaining Documentation of Activities and Behaviors;

(C)          Basic Group Leadership Skills;

(D)          Crisis Intervention Techniques;

(E)           Effective Behavior Management;

(F)           Health Services Overview; and

(G)          Trauma and Delinquents.

(c)  The "Juvenile Justice Officer Basic Training Manual" as published by the North Carolina Department of Public Safety shall be applied as the basic curriculum for delivery of Juvenile Justice Officer basic training courses.  Copies of this publication may be inspected at or purchased at the cost of printing and postage from the office of the agency:

The Office of Staff Development and Training

North Carolina Department of Public Safety

2211 Schieffelin Road

Apex, North Carolina 27502

(d)  Upon successful completion of a Commission-certified training course for Juvenile Justice Officers the Director of the school conducting such course shall notify the Commission of the satisfactory achievement of trainees by submitting a Report of Training Course Completion for each successful trainee.

(e)  Employees of the Division of Juvenile Justice who have successfully completed the minimum 160 hour training program accredited by the Commission under Rule .0235 of this Section after January 1, 2013 who transfer from a Juvenile Court Counselor position to a Juvenile Justice Officer position shall be required to successfully complete only the portions of the course identified as specific to the duties and responsibilities of a Juvenile Justice Officer pursuant to Subparagraph (b)(2) of this Rule.

 

History Note:        Authority G.S. 17C-2; 17C-6; 17C-10;

Temporary Adoption Eff. April 15, 2003;

Eff. April 1, 2004;

Amended Eff. May 1, 2014.

 

12 NCAC 09B .0237          LIDAR INSTRUCTOR TRAINING COURSE

(a)  The Lidar Instructor Training Course shall be designed to provide the trainee with the skills and knowledge to proficiently perform the function of a lidar instructor.  This course shall be for a period not to exceed six consecutive weeks.

(b)  The Lidar Instructor Training Course required for lidar instructor certification shall include the topic areas and number of hours as outlined in the Lidar Instructor Training Course. To qualify for lidar instructor certification, an applicant shall meet the requirements as outlined in The Lidar Instructor Training Course and meet the requirements of 12 NCAC 09B .0408 and .0409.

(c)  Each applicant for lidar instructor training shall:

(1)           Present the endorsement of a Commission‑recognized school director or agency executive officer or his designee.

(2)           Possess full criminal justice General Instructor Certification as required in 12 NCAC 09B .0302.

(3)           Possess a current and valid lidar operator certification.

(d)  The "Lidar Instructor Training Course" as published by the North Carolina Justice Academy shall be applied as basic curriculum for the lidar instructor training course for lidar instructors as administered by the Commission.  Copies of this publication may be inspected at the office of the agency:

Criminal Justice Standards Division

North Carolina Department of Justice

114 West Edenton Street

Old Education Building

Post Office Drawer 149

Raleigh, North Carolina 27602

and may be obtained at cost from the Academy at the following address:

North Carolina Justice Academy

Post Office Box 99

Salemburg, North Carolina 28385

(e)  Commission‑certified schools that are certified to offer the Lidar Instructor Training Course are:  The North Carolina Justice Academy.

 

History Note:        Authority G.S. 17C-6;

Eff. May 1, 2004;

Amended Eff. November 1, 2007.

 

12 NCAC 09B .0238          CERTIFICATION TRAINING FOR LIDAR OPERATORS

(a)  The Lidar Operator Training Course for law enforcement officers shall be designed to provide the trainee with the skills and knowledge to proficiently perform the function of a law enforcement lidar operator.  This course shall be for a period not to exceed four consecutive weeks.

(b)  Only employed or appointed personnel of a law enforcement agency shall be enrolled in the Lidar Operator Training Course.  Such a trainee shall not be certified as a lidar operator until the Basic Law Enforcement Training Course has been successfully completed and probationary or general law enforcement certification has been granted.  Sheriffs, deputy sheriffs and federal law enforcement personnel, including armed forces personnel, shall be allowed to participate in lidar operator training courses on a space available basis at the discretion of the school director without having enrolled in or having successfully completed the Basic Law Enforcement Training Course and without being currently certified in a probationary status or holding general law enforcement certification.  The Lidar Operator Training Course required for lidar operator certification shall include the topic areas and number of hours as outlined in the Lidar Operator Training Course. To qualify for lidar operator certification, an applicant shall meet the requirements as outlined in the Lidar Operator Training Course and meet the requirements of 12 NCAC 09B .0408 and .0409.

(c)  The "Lidar Operator Training Course" as published by the North Carolina Justice Academy shall be applied as basic curriculum for the Lidar Operator Training Course for lidar operators as administered by the Commission.  Copies of this publication may be inspected at the office of the agency:

Criminal Justice Standards Division

North Carolina Department of Justice

114 West Edenton Street

Old Education Building

Post Office Drawer 149

Raleigh, North Carolina 27602

and may be obtained at cost from the Academy at the following address:

North Carolina Justice Academy

Post Office Box 99

Salemburg, North Carolina 28385

 

History Note:        Authority G.S. 17C-6;

Eff. May 1, 2004;

Amended Eff. November 1, 2007.

 

12 NCAC 09B .0239          RE-CERTIFICATION TRAINING FOR LIDAR INSTRUCTORS

(a)  The Lidar Instructor Re-Certification Training Course shall be designed to provide the instructor with the skills and knowledge to continue to proficiently perform the function of a lidar instructor.  This course shall be presented within a period not to exceed one week.

(b)  Each applicant for a Lidar Instructor Re-Certification Training Course shall:

(1)           possess criminal justice General Instructor Certification as required in 12 NCAC 09B .0302; and

(2)           have been certified as a lidar instructor within the three years preceding the completion date of the re-certification training course.

(c)  The Lidar Instructor Re-Certification Training Course required for lidar instructor re-certification shall include the topic areas and number of hours as outlined in the Lidar Instructor Training Course.  To qualify for lidar instructor re-certification, an applicant shall meet the requirements as outlined in the Lidar Instructor Training Course and meet the requirements of 12 NCAC 09B .0408 and .0409.

(d)  The "Lidar Instructor Training Course" as published by the North Carolina Justice Academy shall be applied as basic curriculum for the Lidar Instructor Re-Certification Training Course for lidar instructors as administered by the Commission.  Copies of this publication may be inspected at the office of the agency:

Criminal Justice Standards Division

North Carolina Department of Justice

114 West Edenton Street

Post Office Drawer 149

Raleigh, North Carolina  27602

and may be obtained at cost from the Academy at the following address:

North Carolina Justice Academy

Post Office Box 99

Salemburg, North Carolina  28385

(e)  Commission-certified schools that are certified to offer the Lidar Instructor Re-Certification Training Course are:  The North Carolina Justice Academy.

 

History Note:        Authority G.S. 17C-6;

Eff. May 1, 2004;

Amended Eff. November 1, 2007.

 

12 NCAC 09B .0240          RE-CERTIFICATION Training COURSE FOR LIDAR OPERATORS

(a)  The Lidar Operator Re-Certification Training Course shall be designed to provide the law enforcement officer with the skills and knowledge to continue to proficiently perform the function of a lidar operator.  This course shall be presented within a period not to exceed one week.

(b)  Each applicant for a Lidar Operator Re-Certification Training Course shall meet the requirements of 12 NCAC 09C .0308(c) and (d).

(c)  Federal law enforcement personnel shall be allowed to participate in Lidar Operator Re-Certification Training Courses at the discretion of the school director without meeting the requirements specified in 12 NCAC 09B .0238(b), but such personnel must have successfully completed one introductory level speed measurement instrument course that included instruction on operation of lidar instruments. Courses that meet this requirement are described in 09B.0238, .0242, and .0244.

(d)  The Lidar Operator Re-Certification Training Course required for lidar operator re-certification shall include the topic areas and number of hours as outlined in the Lidar Operator Training Course.  To qualify for lidar operator re-certification, an applicant shall meet the requirements as outlined in the Lidar Operator Training Course and meet the requirements of 12 NCAC 09B .0408 and .0409.

(e)  The "Lidar Operator Training Course" as published by the North Carolina Justice Academy shall be applied as basic curriculum for the Lidar Operator Re-Certification Training Course for lidar operators as administered by the Commission.  Copies of this publication may be inspected at the office of the agency:

Criminal Justice Standards Division

North Carolina Department of Justice

114 West Edenton Street

Post Office Drawer 149

Raleigh, North Carolina  27602

and may be obtained at cost from the Academy at the following address:

North Carolina Justice Academy

Post Office Box 99

Salemburg, North Carolina  28385

 

History Note:        Authority G.S. 17C-6;

Eff. May 1, 2004;

Amended Eff. November 1, 2007.

 

12 NCAC 09B .0241          Juvenile Justice specialized instructor training – RESTRAINTS, CONTROLS AND DEFENSIVE TECHNIQUES

(a)  The instructor training course requirement for the Department of Public Safety, Division of Juvenile Justice Restraints, Controls and Defensive Techniques Specialized Instructor certification shall consist of at least 70 hours of instruction presented during a continuous period of not more than two weeks.

(b)  Each Juvenile Justice Specialized Instructor Training – Restraints, Controls and Defensive Techniques course shall be designed to provide the trainee with the skills and knowledge to perform the function of the Juvenile Justice Restraints, Controls and Defensive Techniques Instructor in the "Basic Training for Juvenile Justice Officers" course and the "Basic Training for Juvenile and Chief Court Counselors" courses, as well as in-service training courses for juvenile justice officers and juvenile and chief court counselors.

(c)  Each applicant for enrollment in the Specialized Instructor Training – Restraints, Controls and Defensive Techniques course shall:

(1)           Have completed the criminal justice general instructor training course; and

(2)           Possess a valid CPR certification that includes cognitive and skills testing.

(d)  Each Juvenile Justice Specialized Instructor Training – Restraints, Controls and Defensive Techniques course shall include the following identified topical areas:

(1)           Orientation;

(2)           Introduction to Restraints, Controls and Defensive techniques;

(3)           Physical Fitness/Warm-Up and Stretching Exercises;

(4)           Response to Injury;

(5)           Restraints, Controls and Defensive Techniques Basic Techniques;

(6)           Restraint Applications; and

(7)           RCDT Program Student Evaluation and Testing

(e)  The Commission-certified school that is certified to offer the Juvenile Justice Specialized Instructor Training – Restraints, Controls and Defensive Techniques course is the Office of Staff Development and Training of the North Carolina Department of Public Safety.

 

History Note:        Authority G.S. 17C-2; 17C-6; 17C-10;

Eff. December 1, 2004;

Amended Eff. May 1, 2014.

 

12 NCAC 09B .0242          CERTIFICATION TRAINING FOR RADAR/lidar OPERATORS

(a)  The radar/lidar operator training course for law enforcement officers shall be designed to provide the trainee with the skills and knowledge to proficiently perform the function of a radar and lidar operator.  This course shall be for a period not to exceed four consecutive weeks.

(b)  Only employed or appointed personnel of a law enforcement agency may be enrolled in the radar/lidar speed measurement instrument operator training course.  Such a trainee shall not be certified as a radar and lidar speed measurement instrument operator until the basic law enforcement training course has been successfully completed and probationary or general law enforcement certification has been granted.  Sheriffs, deputy sheriffs, and federal law enforcement personnel, including armed forces personnel, shall be allowed to participate in a radar/lidar speed measurement instrument operator training courses on a space available basis at the discretion of the school director without having enrolled in or having successfully completed the basic law enforcement training course and without being currently certified in a probationary status or holding general law enforcement certification.  The radar/lidar operator training course required for radar and lidar operator certification shall include the topic areas and number of hours as outlined in the Radar/Lidar Operator Training Course. To qualify for radar and lidar operator certification, an applicant shall meet the requirements as outlined in the Radar/Lidar Operator Training Course and meet the requirements of 12 NCAC 09B .0408 and .0409.

(c)  The "Radar/Lidar Operator Training Course" as published by the North Carolina Justice Academy shall be applied as basic curriculum for the radar/lidar operator training course for radar and lidar instrument operators as administered by the Commission.  Copies of this publication may be inspected at the office of the agency:

Criminal Justice Standards Division

North Carolina Department of Justice

114 West Edenton Street

Old Education Building

Post Office Drawer 149

Raleigh, North Carolina 27602

and may be obtained at cost from the Academy at the following address:

North Carolina Justice Academy

Post Office Box 99

Salemburg, North Carolina 28385

 

History Note:        Authority G.S. 17C‑6;

Eff. November 1, 2007.

 

12 NCAC 09B .0243          RE-CERTIFICATION Training COURSE FOR radar/LIDAR OPERATORS

(a)  The Radar/Lidar Operator Re-Certification Training Course shall be designed to provide the law enforcement officer with the skills and knowledge to continue to proficiently perform the function of a radar and lidar operator.  This course shall be presented within a period not to exceed one week.

(b)  Each applicant for a Radar/Lidar Operator Re-Certification Training Course shall meet the requirements of 12 NCAC 09C .0308(c) and (d).

(c)  Federal law enforcement personnel shall be allowed to participate in Radar/Lidar Operator Re-Certification Training Courses at the discretion of the school director without meeting the requirements specified in 12 NCAC 09B .0242(b), but such personnel must have successfully completed one or more introductory level speed measurement instrument courses that included instruction on operation of radar instruments and lidar instruments. Courses that meet this requirement are described in 12 NCAC 09B .0212, .0213, .0237, .0242, and .0244.

(d)  The Radar/Lidar Operator Re-Certification Training Course required for radar and lidar operator re-certification shall include the topic areas and number of hours as outlined in the Radar/Lidar Operator Training Course.  To qualify for radar and lidar operator re-certification, an applicant shall meet the requirements as outlined in the Radar/Lidar Operator Training Course and meet the requirements of 12 NCAC 09B .0408 and .0409.

(e)  The "Radar/Lidar Operator Training Course" as published by the North Carolina Justice Academy shall be applied as basic curriculum for the Radar/Lidar Operator Re-Certification Training Course for radar and lidar operators as administered by the Commission.  Copies of this publication may be inspected at the office of the agency:

Criminal Justice Standards Division

North Carolina Department of Justice

114 West Edenton Street

Post Office Drawer 149

Raleigh, North Carolina  27602

and may be obtained at cost from the Academy at the following address:

North Carolina Justice Academy

Post Office Box 99

Salemburg, North Carolina  28385

 

History Note:        Authority G.S. 17C-6;

Eff. November 1, 2007.

 

12 NCAC 09B .0244          CERTIFICATION TRAINING FOR RADAR/time-distance/lidar OPERATORS

(a)  The radar/time-distance/lidar operator training course for law enforcement officers shall be designed to provide the trainee with the skills and knowledge to proficiently perform the function of a radar, time-distance, and lidar operator.  This course shall be for a period not to exceed four consecutive weeks.

(b)  Only employed or appointed personnel of a law enforcement agency may be enrolled in the radar/time-distance/lidar speed measurement instrument operator training course.  Such a trainee shall not be certified as a radar, time-distance, and lidar speed measurement instrument operator until the basic law enforcement training course has been successfully completed and probationary or general law enforcement certification has been granted.  Sheriffs, deputy sheriffs, and federal law enforcement personnel, including armed forces personnel, shall be allowed to participate in radar, time-distance, and lidar speed measurement instrument operator training courses on a space available basis at the discretion of the school director without having enrolled in or having successfully completed the basic law enforcement training course and without being currently certified in a probationary status or holding general law enforcement certification.  The radar/time-distance/lidar operator training course required for radar, time-distance, and lidar operator certification shall include the topic areas and number of hours as outlined in The Radar/Time-Distance/Lidar Operator Training Course. To qualify for radar, time-distance, and lidar operator certification, an applicant shall meet the requirements as outlined in The Radar/Time-Distance/Lidar Operator Training Course and meet the requirements of 12 NCAC 09B .0408 and .0409.

(c)  The "Radar/Time-Distance/Lidar Operator Training Course" as published by the North Carolina Justice Academy shall be applied as basic curriculum for the radar/time-distance/lidar operator training course for radar, time-distance, and lidar instrument operators as administered by the Commission.  Copies of this publication may be inspected at the office of the agency:

Criminal Justice Standards Division

North Carolina Department of Justice

114 West Edenton Street

Old Education Building

Post Office Drawer 149

Raleigh, North Carolina 27602

and may be obtained at cost from the Academy at the following address:

North Carolina Justice Academy

Post Office Box 99

Salemburg, North Carolina 28385

 

History Note:        Authority G.S. 17C‑6;

Eff. November 1, 2007.

 

12 NCAC 09B .0245          RE-CERTIFICATION Training COURSE FOR radar/Time-distance/LIDAR OPERATORS

(a)  The Radar/Time-Distance/Lidar Operator Re-Certification Training Course shall be designed to provide the law enforcement officer with the skills and knowledge to continue to proficiently perform the function of a radar, time-distance, and lidar operator.  This course shall be presented within a period not to exceed one week.

(b)  Each applicant for a Radar/Time-Distance/Lidar Operator Re-Certification Training Course shall meet the requirements of 12 NCAC 09C .0308(c) and (d).

(c)  Federal law enforcement personnel shall be allowed to participate in Radar/Time-Distance/Lidar Operator Re-Certification Training Courses at the discretion of the school director without meeting the requirements specified in 12 NCAC 09B .0243(b), but such personnel must have successfully completed one or more introductory level speed measurement instrument courses that included instruction on operation of radar instruments, time-distance instruments and lidar instruments. Courses that meet this requirement are described in 09B .0212, .0213, .0214, .0238, .0242, and .0244.

(d)  The Radar/Time-Distance/Lidar Operator Re-Certification Training Course required for radar, time-distance, and lidar operator re-certification shall include the topic areas and number of hours as outlined in the Radar/Time-Distance/Lidar Operator Training Course.  To qualify for radar, time-distance, and lidar operator re-certification, an applicant shall meet the requirements as outlined in the Radar/Time-Distance/Lidar Operator Training Course and meet the requirements of 12 NCAC 09B .0408 and .0409.

(e)  The "Radar/Time-Distance/Lidar Operator Training Course" as published by the North Carolina Justice Academy shall be applied as basic curriculum for the Radar/Time-Distance/Lidar Operator Re-Certification Training Course for radar, time-distance, and lidar operators as administered by the Commission.  Copies of this publication may be inspected at the office of the agency:

Criminal Justice Standards Division

North Carolina Department of Justice

114 West Edenton Street

Post Office Drawer 149

Raleigh, North Carolina  27602

and may be obtained at cost from the Academy at the following address:

North Carolina Justice Academy

Post Office Box 99

Salemburg, North Carolina  28385

 

History Note:        Authority G.S. 17C-6;

Eff. November 1, 2007.

 

SECTION .0300 ‑ MINIMUM STANDARDS FOR CRIMINAL JUSTICE INSTRUCTORS

 

12 NCAC 09B .0301          CERTIFICATION OF INSTRUCTORS

(a)  Any person participating in a Commission-certified criminal justice training course or program as an instructor, teacher, professor, lecturer, or other participant making presentations to the class shall first be certified by the Commission as an instructor.

(b)  The Commission shall certify instructors under the following categories:  General Instructor Certification, Specialized Instructor Certification or Professional Lecturer Certification as outlined in Rules .0302, .0304 and .0306 of this Section.  Instructor certification shall be granted on the basis of documented qualifications of experience, education, and training in accord with the requirements of this Section and reflected on the applicant's Request for Instructor Certification Form.

(c)  In addition to all other requirements of this Section, each instructor certified by the Commission to teach in a Commission-certified course shall remain competent in his/her specialized areas.  Such competence includes remaining current in the instructor's area of expertise, which shall be demonstrated by attending and successfully completing all instructor updates issued by the Commission.

(d)  The Standards Division may notify an applicant for instructor certification or a certified instructor that a deficiency appears to exist and attempt, in an advisory capacity, to assist the person in correcting the deficiency.

(e)  When any person certified as an instructor by the Commission is found to have knowingly and willfully violated any provision or requirement of the rules in this Subchapter, the Commission may take action to correct the violation and to ensure that the violation does not recur, including:

(1)           issuing an oral warning and request for compliance;

(2)           issuing a written warning and request for compliance;

(3)           issuing an official written reprimand;

(4)           suspending the individual's certification for a specified period of time or until acceptable corrective action is taken by the individual; and

(5)           revoking the individual's certification.

(f)  The Commission may deny, suspend, or revoke an instructor's certification when the Commission finds that the person:

(1)           has failed to meet and maintain any of the requirements for qualification;

(2)           has failed to remain knowledgeable in the person's areas of expertise;

(3)           has failed to deliver training in a manner consistent with the instructor lesson plans outlined in the "Basic Instructor Training Manual" as found in 12 NCAC 09B .0209;

(4)           has failed to follow specific guidelines outlined in the "Basic Law Enforcement Training Course Management Guide" as found in 12 NCAC 09B .0205;

(5)           has demonstrated in the delivery of commission‑mandated training, unprofessional personal conduct, defined as an act that is: conduct for which no reasonable person should expect to receive prior warning; job-related conduct which constitutes a violation of State or federal law; conviction or commission of a criminal offense as set out in 12 NCAC 09A .0204; the willful violation of Rules of this Chapter; conduct that is detrimental to instruction in the Commission's mandated courses; the abuse of client(s), student(s) over whom the instructor has charge; or falsification of an instructor application or in other employment documentation;

(6)           has demonstrated instructional incompetence;

(7)           has knowingly and willfully obtained, or attempted to obtain instructor certification by deceit, fraud, or misrepresentation;

(8)           has failed to meet or maintain good moral character as defined in: re Willis, 299 N.C. 1, 215 S.E. 2d 771 appeal dismissed 423 U.S. 976 (9175); State v. Harris, 216 N.C. 746, 6 S.E. 2d 854 (1940); in re Legg, 325 N.C. 658, 386 S.E. 2d 174(1989); in re Applicants for License, 143 N.C. 1, 55 S.E. 635 (1906); in re Dillingham, 188 N.C. 162, 124 S.E. 130 (1924); State v. Benbow, 309 N.C. 538, 308 S.E. 2d 647 (1983); and their progeny, as required to effectively discharge the duties of a criminal justice instructor;

(9)           has failed to deliver training in a manner consistent with the Qualified Retired Law Enforcement Officers Firearms Qualification Certification Program as found in 12 NCAC 09H .0102; or

(10)         has knowingly and willfully aided or attempted to aid any person in obtaining qualification/certification under the Qualified Retired Law Enforcement Officers Firearms Qualification Certification Program by deceit, fraud  or misrepresentation.

 

History Note:        Authority G.S. 17C‑6;

Eff. January 1, 1981;

Amended Eff: October 1, 2009; August 1, 2004; April 1, 1999; July 1, 1991; January 1, 1985.

 

12 NCAC 09B .0302          GENERAL INSTRUCTOR CERTIFICATION

(a)  General Instructor Certification issued after December 31, 1984 shall be limited to those topics that are not expressly incorporated under the Specific Instructor Certification category.  Individuals certified under the general instructor category shall not teach any of the subjects specified in Rule .0304 of this Section, entitled "Specific Instructor Certification."  To qualify for issuance of General Instructor Certification, an applicant shall demonstrate a combination of education and experience in criminal justice and proficiency in the instructional process to the satisfaction of the Commission.  The applicant shall meet the following requirements for General Instructor Certification:

(1)           Present documentary evidence showing that the applicant:

(A)          is a high school graduate, or has passed the General Education Development Test (GED) indicating high school equivalency, and

(B)          has acquired four years of practical experience as a criminal justice officer or as an administrator or specialist in a field directly related to the criminal justice system.

(2)           Present evidence showing completion of a Commission‑certified instructor training program or an equivalent instructor training course utilizing the Instructional Systems Design model, an international model with applications in education, military training, and private enterprise.

(3)           Pass the comprehensive written examination administered by the Commission, as required in Rule .0413(d) of this Subchapter.

(b)  Applications for General Instructor Certification shall be submitted to the Standards Division within 60 days of the date the applicant passed the state comprehensive examination administered at the conclusion of the Commission‑certified instructor training program or an equivalent instructor training course utilizing the Instructional Systems Design model, an international model with applications in education, military training, and private enterprise.

(c)  Persons having completed a Commission‑certified instructor training course or an equivalent instructor training course utilizing the Instructional Systems Design model, an international model with applications in education, military training, and private enterprise, and not having made application within 60 days of completion of the course shall complete a subsequent Commission‑certified instructor training course in its entirety.

(d)  Applicants for Speed Measuring Instrument Instructor courses shall possess general instructor certification.

 

History Note:        Authority G.S. 17C‑6.

Eff. January 1, 1981;

Amended Eff. January 1, 2015; January 1, 2006; May 1, 2004; August 1, 2000; July 1, 1991; December 1, 1987; October 1, 1985; January 1, 1985.

 

12 NCAC 09B .0303          TERMS AND CONDITIONS OF GENERAL INSTRUCTOR CERTIFICATION

(a)  An applicant meeting the requirements for certification as a general instructor shall, for the first 12 months of certification, be in a probationary status.  The General Instructor Certification, Probationary Status, shall automatically expire 12 months from the date of issuance.

(b)  The probationary instructor shall be eligible for full general instructor status, if the instructor through application at the end of the probationary period, submits to the Commission:

(1)           a favorable recommendation from a school director or in-service training coordinator accompanied by certification on a Commission Instructor Evaluation Form that the instructor successfully taught a minimum of twelve hours in a Commission-certified course or a Commission‑recognized in‑service training course during the probationary year. The results of the student evaluation of the instructor must be considered by the school director or in-service training coordinator when determining recommendation; or

(2)           a favorable written evaluation by a Commission or staff member, based on an on‑site classroom evaluation of the probationary instructor in a Commission-certified course or a Commission‑recognized in‑service training course.  Such evaluation shall be certified on a Commission Instructor Evaluation Form.  In addition, instructors evaluated by a Commission or staff member must also teach a minimum of twelve hours in a Commission-certified training course or a Commission‑recognized in‑service training course.

(c)  The term of certification as a general instructor is three years from the date the Commission issues the certification.  The certification may subsequently be renewed by the Commission for three year periods.  The application for renewal shall contain, in addition to the requirements listed in Rule .0302 of this Section, documentary evidence indicating that the applicant has remained active in the instructional process during the previous three year period. Such documentary evidence shall include proof that the applicant has, within the three year period preceding application for renewal, instructed a minimum of 12 hours in a Commission-certified training course or a Commission‑recognized in‑service training course; and either

(1)           a favorable written recommendation from a school director or in-service training coordinator completed on a Commission Renewal of Instructor and Professional Lecturer Certification Form that the instructor successfully taught a minimum of 12 hours in a Commission-certified training course or a Commission‑recognized in‑service training course during the three year period of general certification; or

(2)           a favorable evaluation by a Commission or staff member, based on an on‑site classroom evaluation of a presentation by the instructor in a Commission-certified training course or a Commission‑recognized in‑service training course, during the three year period of General Instructor Certification.  In addition, instructors evaluated by a Commission or staff member must also teach a minimum of 12 hours in a Commission-certified training course or a Commission‑recognized in‑service training course.

(d)  For Speed Measuring Instrument Instructors, the General Instructor Certification shall run concurrent with the Speed Measuring Instrument Instructor's certification. For the initial issuance of Speed Measuring Instrument Instructor certifications, the terms for the instructor's General Instructor certification shall automatically be reissued for a three year period determined by the certification period of the Speed Measuring Instrument Instructor certification. The general instructors are not required to submit documentation of having taught the minimum 12 hours during the period preceding the initial certification as specified in Paragraph (c) of this Rule. For the first renewal of Speed Measuring Instrument instructor certifications occurring after January 2006, the terms for the instructor's General Instructor certification shall automatically be reissued for a three year period determined by the certification period of the Speed Measuring Instrument Instructor certification. The general instructors are not required to submit documentation of having taught the minimum 12 hours during the period preceding the initial certification as specified in Paragraph (c) of this Rule. Once the General Instructor's certification becomes concurrent with the Speed Measuring Instrument certification, all instructors must meet the requirements in Subparagraph (c)(1) or (c)(2) of this Rule to be eligible for re-certification.

(e)  All instructors shall remain active during their period of certification.  If an instructor does not teach a minimum of 12 hours during the period of certification, the certification shall not be renewed, and the instructor shall file application for General Instructor Certification, Probationary Status.  Such applicants shall meet the minimum requirements of Rule .0302 of this Section.

(f)  All instructors shall have 90 days from the date of expiration of their instructor certification to submit an application for renewal along with documentation of having met the minimum requirements of Paragraph (c) of this Rule during the previous certification period. The prescribed 90 day period shall not extend the instructor certification period beyond its specified expiration period. If the renewal application is not submitted within 90 days from the expiration of the previous certification, such applicants will be required to meet the minimum requirements for general instructor certification as specified in Rule .0302 of this Section.

(g)  The use of guest participants in a delivery of the Basic Law Enforcement Training Course is permissible. However, such guest participants are subject to the direct on‑site supervision of a Commission-certified instructor and must be authorized by the school director.  A guest participant shall only be used to complement the primary certified instructor of the block of instruction and shall in no way replace the primary instructor.

(h)  For purposes of this Section, "Commission-recognized in‑service training" shall mean any training for which the instructor is evaluated by a certified school director or in-service training coordinator on a Commission Instructor Evaluation Form.  Such training shall be objective based and documented by lesson plans designed consistent with the Basic Law Enforcement Training format and documented by departmental training records to include required post‑test and testing methodology.  The signature of the school director on the Commission Instructor Evaluation Form shall verify compliance with this Rule.

 

History Note:        Authority G.S. 17C‑6;

Eff. January 1, 1981;

Amended Eff. December 1, 2007; November 1, 2007; August 1, 2006; January 1, 2006; August 1, 2000; July 1, 1991; October 1, 1985; January 1, 1985; January 1, 1983.

 

12 ncac 09b .0304          SPECIALIZED INSTRUCTOR CERTIFICATION

(a)  The Commission shall issue a Specialized Instructor Certification to an applicant who has developed specific motor skills and abilities by virtue of special training and demonstrated experience in one or more of the following topical areas:

(1)           Subject Control Arrest Techniques;

(2)           First Responder;

(3)           Firearms;

(4)           Law Enforcement Driver Training;

(5)           Physical Fitness;

(6)           Restraint, Control and Defense Techniques (Department of Public Safety, Division of Adult Correction and Juvenile Justice);

(7)           Medical Emergencies (Department of Public Safety, Division of Adult Correction and Juvenile Justice); or

(8)           Explosive and Hazardous Materials Emergencies.

(b)  To qualify for and maintain any Specialized Instructor Certification, an applicant shall possess a valid CPR Certification that includes cognitive and skills testing, through the American Red Cross, American Heart Association, American Safety and Health Institute, or National Safety Council.

(c)  An applicant shall achieve a minimum score of 75 percent on the comprehensive written exam, as specified in Rule .0414 of this Subchapter in order to qualify for Specialized Instructor Certification in the following topical areas:

(1)           Subject Control Arrest Techniques;

(2)           Firearms;

(3)           Law Enforcement Driver Training;

(4)           Physical Fitness; and

(5)           Explosive and Hazardous Materials Emergencies.

(d)  To qualify for Specialized Instructor Certification in the Subject Control Arrest Techniques topical area, an applicant shall meet the following requirements:

(1)           Hold General Instructor Certification, either probationary status or full general instructor status, as specified in Rule .0303 of this Section:

(2)           Complete the pertinent Commission-approved specialized instructor course; and

(3)           Obtain the recommendation of a Commission-certified school director or in-service training coordinator.

(e)  To qualify for Specialized Instructor Certification in the First Responder topical area, an applicant shall satisfy one of the following two options:

(1)           The first option is:

(A)          Hold CPR instructor certification through the American Red Cross, American Heart Association, American Safety and Health Institute, or National Safety Council;

(B)          Hold, or have held, basic Emergency Medical Technician certification;

(C)          Have completed the Department of Transportation's 40 hour EMT Instructor Course or equivalent within the last three years or hold a North Carolina Professional Educator’s License, issued by the Department of Public Instruction; and

(D)          Obtain the recommendation of a Commission-certified school director or in-service training coordinator.

(2)           The second option is:

(A)          Hold General Instructor Certification, either probationary status or full general instructor status, as specified in Rule .0303 of this Section;

(B)          Hold CPR instructor certification through the American Red Cross, American Heart Association, American Safety and Health Institute or National Safety Council;

(C)          Hold, or have held, basic EMT certification; and

(D)          Obtain the recommendation of a Commission-certified school director or in-service training coordinator.

(f)  To qualify for Specialized Instructor Certification in the Firearms topical area, an applicant shall meet the following requirements:

(1)           Hold General Instructor Certification, either probationary status or full general instructor status, as specified in Rule .0303 of this Section;

(2)           Complete the Commission-approved specialized firearms instructor training course; and

(3)           Obtain the recommendation of a Commission-certified school director or in-service training coordinator.

(g)  To qualify for Specialized Instructor Certification in the Law Enforcement Driver Training topical area, an applicant shall meet the following requirements:

(1)           Hold General Instructor Certification, either probationary status or full general instructor status, as specified in Rule .0303 of this Section;

(2)           Complete the Commission-approved specialized driver instructor training course; and

(3)           Obtain the recommendation of a Commission-certified school director or in-service training coordinator.

(h)  To qualify for Specialized Instructor Certification in the Physical Fitness topical area, an applicant shall become certified through one of the following two methods:

(1)           The first method is:

(A)          hold General Instructor Certification, either probationary status or full general instructor status, as specified in Rule .0303 of this Section;

(B)          complete the Commission-approved specialized physical fitness instructor training course; and

(C)          obtain the recommendation of a Commission-certified School Director.

(2)           The second method is:

(A)          Complete the Commission-approved specialized physical fitness instructor training course;

(B)          obtain the recommendation of a Commission-certified School director or in-service training coordinator; and

(C)          meet one of the following qualifications:

(i)            hold a valid North Carolina Professional Educator's License, issued by the Department of Public Instruction, hold a baccalaureate degree in physical education, and be presently teaching in physical education topics; or

(ii)           be presently instructing physical education topics in a community college, college, or university and hold a baccalaureate degree in physical education.

(i)  To qualify for Specialized Instructor Certification in the Department of Public Safety, Division of Adult Correction and Juvenile Justice Restraint, Control and Defense Techniques topical area, an applicant shall meet the following requirements:

(1)           Hold General Instructor Certification, either probationary status or full general instructor status, as specified in Rule .0303 of this Section;

(2)           Complete the Commission-approved corrections specialized instructor training – controls, restraints, and defensive techniques course; and

(3)           Obtain the recommendation of a Commission-certified school director.

(j)  To qualify for Specialized Instructor Certification in the Department of Public Safety, Division of Adult Correction and Juvenile Justice Medical Emergencies topical area, an applicant shall meet the following requirements:

(1)           Have completed a Commission-certified basic instructor training course or an equivalent instructor training course utilizing the Instructional Systems Design model, an international model with applications in education, military training, and private enterprise;

(2)           Hold instructor certification in CPR and First Aid by the American Red Cross, American Heart Association, American Safety and Health Institute, or National Safety Council; and

(3)           Obtain the recommendation of a Commission-certified school director.

(k)  To qualify for Specialized Instructor Certification in the Explosive and Hazardous Materials Emergencies topical area, an applicant shall satisfy one of the following two options:

(1)           The first option is:

(A)          hold General Instructor Certification, either probationary status or full general instructor status, as specified in Rule .0303 of this Section;

(B)          Complete the Commission-approved specialized explosives and hazardous materials instructor training course; and

(C)          obtain the recommendation of a Commission-certified school director or in-service training coordinator.

(2)           The second option is:

(A)          have completed the Fire Service Instructor Methodology Course or the equivalent utilizing the Instructional Systems Design model, an international model with applications in education, military training, and private enterprise;

(B)          Complete the Commission-approved specialized explosives and hazardous materials instructor training course; and

(C)          obtain the recommendation of a Commission-certified school director or in-service training coordinator.

 

History Note:        Authority G.S. 17C-6;

Eff. January 1, 1981;

Amended Eff. August 1, 2000; July 1, 1991; March 1, 1990; July 1, 1989; December 1, 1987;

Temporary Amendment Eff. January 1, 2001;

Amended Eff. January 1, 2015; June 1, 2013; April 1, 2009; August 1, 2006; January 1, 2006; December 1, 2004; August 1, 2002.

 

12 NCAC 09B .0305          TERMS AND CONDITIONS OF SPECIALIZED INSTRUCTOR CERTIFICATION

(a)  An applicant meeting the requirements for Specialized Instructor Certification shall be issued a certification to run concurrently with the existing General Instructor Certification, except as set out in Paragraph (d) of this Rule. The applicant must apply for certification as a Specialized Instructor within 60 days from the date of completion of a specialized instructor course.

(b)  The requirements for certification as a specialized instructor are determined by the expiration date of the existing General Instructor Certification.  The following requirements apply during the initial period of certification:

(1)           where certification for both General Probationary Instructor and Specialized Instructor Certification are issued on the same date, the instructor is required to satisfy the teaching requirement for only the general probationary instructor certification.  The instructor may satisfy the teaching requirement for the General Probationary Instructor certification by teaching any specialized topic for which certification has been issued;

(2)           when Specialized Instructor Certification is issued during an existing period of General Instructor Certification, either probationary status or full general status, the specialized instructor may satisfy the teaching requirement for the General Certification by teaching the specialized subject for which certification has been issued;

(3)           where Specialized Instructor Certification becomes concurrent with an existing active period of General Instructor Certification, and there are 12 months or more until the certifications' expiration date, the instructor must teach 12 hours for each specialized topic for which certification has been issued; and

(4)           where Specialized Instructor Certification becomes concurrent with an existing active period of General Instructor Certification, and there are fewer than 12 months until the certification expiration date, the instructor is not required to teach any hours for the specialized subject.

(c)  The term of certification as a specialized instructor shall not exceed the 36 month period of full General Instructor Certification.  The application for renewal shall contain, in addition to the requirements listed in Rule .0304 of this Section, documentary evidence that the applicant has remained active in the instructional process during the previous three-year period.  Such documentary evidence shall include the following:

(1)           proof that the applicant has, within the three-year period preceding application for renewal, instructed at least 12 hours in each of the topics for which Specialized Instructor Certification was granted and that instruction was provided in a Commission-accredited training course or a Commission-recognized in-service training course.  Acceptable documentary evidence shall include official Commission records submitted by School Directors or In-Service Training Coordinators and written certification from a School Director or In-Service Training Coordinator;

(2)           proof that the applicant has, within the three-year period preceding application for renewal, attended and successfully completed any instructor updates that have been issued by the Commission. Acceptable documentary evidence shall include official Commission records submitted by School Directors or In-Service Training Coordinators, or copies of certificates of completion issued by the institution which provided the instructor updates; and

(A)          a favorable written recommendation from a School Director or In-Service Training Coordinator completed on a Commission Renewal of Instructor and Professional Lecturer Certification Form that the instructor successfully taught at least 12 hours in each of the topics for which Specialized Instructor Certification was granted.  Such teaching must have occurred in a Commission-certified training course or a Commission-recognized in-service training course during the three-year period of Specialized Instructor Certification; or

(B)          a favorable evaluation by a Commission or staff member, based on an on-site classroom evaluation of a presentation by the instructor in a Commission-certified training course or a Commission-recognized in-service training course, during the three-year period of Specialized Instructor Certification. Such evaluation shall be certified on a Commission Instructor Evaluation Form.

Upon submission of the required documentation for renewal, the Commission staff shall renew the certification as a Specialized Instructor.  Such renewal shall occur at the time of renewal of the General Instructor certification.

(d)  Certification as a Specialized Instructor in the First Responder, Physical Fitness, Explosive and Hazardous Materials, and Juvenile Justice Medical Emergencies topical areas as outlined in Rule .0304(d)(1), (g)(2), (i)(1), and (j)(1) of this Section, specifically those certifications not based upon General Instructor Certification, shall remain in effect for 36 months from the date of issuance.  During the 36 month term all non-Commission certificates required in Rule .0304(d)(1), (g)(2), (i)(1), and (j)(1) for Specialized Instructor certification in the First Responder, Physical Fitness, Explosive and Hazardous Materials, and Juvenile Justice Medical Emergencies topical areas must be maintained.

(e)  All instructors shall remain active during their period of certification.  Any Specialized Instructor training courses previously accepted by the Commission for purposes of certification shall no longer be recognized if the instructor does not teach at least 12 hours in each of the specialized topics during the three-year period for which certification was granted.  Upon application for re-certification, such applicants shall meet the requirements of Rule .0304 of this Section.

(f)  The use of guest participants in a delivery of the "Basic Law Enforcement Training Course" is permissible. However, such guest participants are subject to the direct on-site supervision of a Commission-certified instructor and must be authorized by the School Director.  A guest participant shall be used only to complement the primary certified instructor of the block of instruction and shall in no way replace the primary instructor.

 

History Note:        Authority G.S. 17C-6;

Eff. January 1, 1981;

Amended Eff. May 1, 2014; June 1, 2012; November 1, 2007; January 1, 2006; December 1, 2004; August 1, 2004; August 1, 2000; July 1, 1991; July 1, 1989; December 1, 1987; February 1, 1987.

 

12 NCAC 09B .0306          PROFESSIONAL LECTURER CERTIFICATION

(a)  The Commission may issue Professional Lecturer Certification to a person in a profession, who, by virtue of academic degrees and professional expertise has developed special knowledge in one or more of the following areas:

(1)           Law

(2)           Psychology

(3)           Medicine

(b)  To be eligible for such certification, an applicant shall:

(1)           Have attained a degree from an institution of higher learning accredited by an accreditation agency recognized by the United States Department of Education in a subject listed in Paragraph (a) of this Rule;

(2)           Obtain the endorsement of a Commission-recognized School Director or In-Service Training Coordinator who shall:

(A)          recommend the applicant for certification as a professional lecturer; and

(B)          describe the applicant's expected participation, topical areas, duties, and responsibilities in a delivery of Commission-certified training conducted by the school; and

(C)          describe the attributes showing the applicant to be a beneficial contributor to the delivery or presentation in a Commission-certification training program.

 

History Note:        Authority G.S. 17C‑6;

Eff. January 1, 1981;

Amended Eff. January 1, 2006; July 1, 1991; January 1, 1985.

 

12 NCAC 09B .0307          TERMS AND CONDITIONS OF PROFESSIONAL LECTURER CERTIFICATION

(a)  Certification as a professional lecturer shall remain effective for 36 months from the date of issuance.  The lecturer shall apply for re‑certification at or before the end of the 36 month period.

(b)  During the 36 month period of certification, a certified professional lecturer may participate in repetitions of the same training course or courses for which certification is granted so long as there are no changes therein which alter the topical areas, duties, and responsibilities of the lecturer.

 

History Note:        Authority G.S. 17C‑6;

Eff. January 1, 1981;

Amended Eff. January 1, 2006; July 1, 1991; January 1, 1985.

 

12 NCAC 09B .0308          RADAR INSTRUCTOR

To qualify for radar instructional assignments, an applicant shall demonstrate a combination of education and experience in criminal justice and proficiency in the instructional process satisfactory to the Commission.  The applicant shall meet the following requirements for radar instructor certification:

(1)           Must hold general instructor certification as required in 12 NCAC 09B .0302; and

(2)           Must successfully complete the Commission‑approved radar instructor training course as required in 12 NCAC 09B .0210; and

(3)           Obtain the recommendation of a Commission‑recognized school director or agency executive officer or his designee.

 

History Note:        Authority G.S. 17C‑6;

Eff. November 1, 1981;

Readopted Eff. July 1, 1982;

Amended Eff. January 1, 2006; April 1, 1984.

 

12 NCAC 09B .0309          TIME-DISTANCE INSTRUCTORS

In addition to all requirements contained in 12 NCAC 9B .0308 of this Section, applicants in this category shall complete an instructor training course in time‑distance speed measurement as required in 12 NCAC 9B .0211.  An applicant meeting the requirements for time-distance speed measurement instrument instructor certification shall be issued a certification to run concurrently with the existing radar instructor certification.

 

History Note:        Authority G.S. 17C‑6;

Eff. November 1, 1981;

Readopted Eff. July 1, 1982;

Amended Eff. April 1, 1999; November 1, 1993; December 1, 1987.

 

 

 

12 NCAC 09B .0310          TERMS AND CONDITIONS ‑‑ SMI INSTRUCTORS

(a)  The term of a Speed Measurement Instrument (SMI) instructor, which includes radar, time-distance, and lidar instructors, is three years from the date the Commission issues the certificate, unless sooner terminated by the Commission.  The certificate may be renewed for subsequent three year periods.  The SMI instructor desiring renewal shall:

(1)           Hold general instructor certification as required in 12 NCAC 09B .0303.

(2)           Have been active in the SMI classroom instructional process during the previous certification period.

(3)           Successfully complete a Commission-approved SMI instructor re‑certification course as required in 12 NCAC 09B .0218, .0219, or .0239.

(b)  All SMI instructors seeking re‑certification shall successfully complete the re‑certification course within 12 months from expiration of the initial certification period or re‑certification period.  If re‑certification training is not obtained within the 12‑month period, successful completion of the appropriate instructor training program as required in 12 NCAC 09B .0308 is required to obtain instructor certification.  This prescribed 12‑month period does not extend the instructor certification period.

 

History Note:        Authority G.S. 17C‑6;

Eff. November 1, 1981;

Readopted Eff. July 1, 1982;

Amended Eff. November 1, 2007; April 1, 1999; November 1, 1993; February 1, 1991; July 1, 1989; December 1, 1987.

 

12 NCAC 09B .0311          CERTIFIED INSTRUCTORS PRE 7/1/82

 

History Note:        Authority G.S. 17C-6;

Eff. July 1, 1982;

Amended Eff. April 1, 1999;

Repealed Eff. August 1, 2014.

 

12 NCAC 09B .0312          INSTRUCTOR CERTIFICATION RENEWAL

(a)  Individuals who hold general instructor certification or full-specialized instructor certification may, for just cause, be granted an extension of the three year period to successfully teach the 12 hour minimum requirement.  The Director may grant such extensions on a one-time basis only not to exceed 12 months.  For purposes of this Rule, just cause means accident, illness, emergency, course cancellation, or other exceptional circumstances which precluded the instructor from fulfilling the teaching requirement.

(b)  The Director may, for just cause, grant an extension of the 90 day period in which an instructor's renewal application must be submitted as specified in 12 NCAC 09B .0303(e).  Such extension, however, shall not exceed 12 months and shall not extend the instructor's certification period beyond its specified expiration period.

 

History Note:        Authority G.S. 17C‑6;

Eff. March 1, 1990;

Amended Eff. August 1, 2006; January 1, 2006; August 1, 2000; January 1, 1995.

 

SECTION .0400 ‑ MINIMUM STANDARDS FOR COMPLETION OF TRAINING

 

12 NCAC 09B .0401          TIME REQUIREMENT FOR COMPLETION OF TRAINING

(a)  Each criminal justice officer, with the exception of law enforcement officers, holding probationary certification shall complete, with passing scores, a Commission-accredited basic training course that includes training in the skills and knowledge necessary to perform the duties of his or her office.  The officer shall complete the course within one year from the date of his original appointment, as determined by the date of the probationary certification.

(b)  Each law enforcement officer, except wildlife enforcement officers, shall have completed with passing scores the accredited basic training course as prescribed in Rule .0205 of this Subchapter prior to obtaining probationary certification.

(c)  Each wildlife enforcement officer shall have satisfactorily completed in its entirety the Basic Training ‑‑ Wildlife Enforcement Officers' course stipulated in 12 NCAC 09B .0228(b) prior to obtaining probationary certification.

(c)  If a trainee completes the basic training course prior to being employed as a law enforcement officer, the trainee shall be duly appointed and sworn as a law enforcement officer within one year of successfully passing the comprehensive written exam as specified in Rule .0406 of this Section for that basic training course to be recognized under these Rules.

(e)  If local confinement supervisory and administrative personnel complete basic training prior to being employed by a facility in a supervisory and administrative position that requires certification, the personnel shall be duly appointed to a local confinement facility supervisory and administrative position within one year of the completion of training for the basic training course specified in 12 NCAC 09B .0205.  This one year period shall begin with the date the applicant achieves a passing score on the comprehensive written exam, as specified in Rule .0411 of this Section.

 

History Note:        Authority G.S. 17C‑2; 17C‑6; 17C‑10;

Eff. January 1, 1981;

Amended Eff. January 1, 2015; January 1, 1995; March 1, 1992; July 1, 1989; June 1, 1986.

 

12 NCAC 09B .0402          WAIVER OF COMPLETION OF TRAINING

(a)  The Commission may waive an officer's completion of the commission‑accredited training course upon receiving documentary evidence from the employing department that the officer has satisfactorily completed equivalent training.  All such officers, however, shall serve a one year period of probation.

(b)  Training received in states with laws governing or regulating criminal justice officer training shall, if subject to such review, have been approved or certified by the appropriate agency of the state in which the training was received.

(c)  The Commission may prescribe as a condition of certification supplementary or remedial training deemed necessary to equate previous training with current standards.

(d)  The Commission shall require satisfactory performance on a commission approved written examination as proof of equivalent training.

 

History Note:        Authority G.S. 17C‑6; 17C‑10;

Eff. January 1, 1981;

Amended Eff. March 1, 1992.

 

 

 

12 NCAC 09B .0403          EVALUATION FOR TRAINING WAIVER

(a)  The Standards Division staff shall evaluate each law enforcement officer's training and experience to determine if equivalent training has been completed as specified in Rule .0402(a) of this Section.  Applicants for certification with prior law enforcement experience shall have been employed in a full‑time, sworn law enforcement position in order to be considered for training evaluation under this Rule.  Applicants for certification with a combination of full‑time and part‑time experience shall be evaluated on the basis of the full‑time experience only.  The following criteria shall be used by Standards Division staff in evaluating a law enforcement officer's training and experience to determine eligibility for a waiver of training requirements:

(1)           Persons having completed a Commission-accredited basic training program and not having been duly appointed and sworn as a law enforcement officer within one year of completion of the program shall complete a subsequent Commission-accredited basic training program, as prescribed in Rule .0405(a) of this Section, and achieve a passing score on the State Comprehensive Examination prior to obtaining probationary law enforcement certification, unless the Director determines that a delay in applying for certification was not due to neglect on the part of the applicant, in which case the Director may accept a Commission-accredited basic training program that is over one year old.  The extension of the one year period shall not exceed 30 days from the first year anniversary of the passing of the state comprehensive examination;

(2)           Out‑of‑state transferees shall be evaluated to determine the amount and quality of their training and experience.  Out‑of‑state transferees shall not have a break in service exceeding one year.  At a minimum, out‑of‑state transferees shall have two years' full‑time, sworn law enforcement experience and have completed a basic law enforcement training course accredited by the transferring State.  Prior to employment as a certified law enforcement officer, out‑of‑state transferees must complete with a passing score the employing agency's in‑service firearms training and qualification program as prescribed in 12 NCAC 09E .0106.  At a minimum, out‑of‑state transferees shall complete the Legal Unit in a Commission-accredited Basic Law Enforcement Training Course as prescribed in Rule .0205(b)(1) of this Subchapter and shall achieve a passing score on the State Comprehensive Examination within the 12 month probationary period;

(3)           Persons who have completed a minimum 369‑hour basic law enforcement training program accredited by the Commission under guidelines administered beginning October 1, 1984 and have been separated from a sworn position for over one year but less than three years who have had a minimum of two years' experience as a full‑time, sworn law enforcement officer in North Carolina shall complete the Legal Unit in a Commission‑accredited Basic Law Enforcement Training Course as prescribed in Rule .0205(b)(1) of this Subchapter, and shall achieve a passing score on the State Comprehensive Examination within the 12 month probationary period. Prior to employment as a certified law enforcement officer, these persons shall complete with a passing score the employing agency's in‑service firearms training and qualification program as prescribed in 12 NCAC 09E;

(4)           Persons out of the law enforcement profession for over one year but less than three years who have had less than two years' experience as a full‑time, sworn law enforcement officer in North Carolina shall complete a Commission-accredited basic training program, as prescribed in Rule .0405(a) of this Section, and achieve a passing score on the State Comprehensive Examination;

(5)           Persons out of the law enforcement profession for over three years regardless of prior training or experience shall complete a Commission-accredited basic training program, as prescribed in Rule .0405(a) of this Section, and shall achieve a passing score on the State Comprehensive Examination;

(6)           Persons who separated from law enforcement employment during their probationary period after having completed a Commission-accredited basic training program and who have separated from a sworn law enforcement position for more than one year shall complete a subsequent Commission-accredited basic training program and achieve a passing score on the State Comprehensive Examination;

(7)           Persons who separated from a sworn law enforcement position during their probationary period after having completed a Commission-accredited basic training program and who have separated from a sworn law enforcement position for less than one year shall serve a new 12 month probationary period as prescribed in Rule .0401(a) of this Section, but need not complete an additional training program;

(8)           Persons who have completed a minimum 160‑hour basic law enforcement training program accredited by the North Carolina Criminal Justice Training and Standards Council under guidelines administered beginning on July 1, 1973 and continuing through September 30, 1978 and who have separated from a sworn law enforcement position for over one year but less than two years shall be required to complete the Legal Unit and the topical area entitled "Law Enforcement Driver Training" of a Commission-accredited Basic Law Enforcement Training Course as prescribed in Rule .0205(b)(1) and .0205(b)(5)(C) of this Subchapter and achieve a passing score on the State Comprehensive Examination within the 12 month probationary period;

(9)           Persons who have completed a minimum 160‑hour basic law enforcement training program accredited by the North Carolina Criminal Justice Training and Standards Council under guidelines administered beginning on July 1, 1973 and continuing through September 30, 1978 and have been separated from a sworn law enforcement position for two or more  years shall be required to complete a Commission-accredited basic training program, as prescribed in Rule .0405 of this Section regardless of training and experience and shall achieve a passing score on the State Comprehensive Examination;

(10)         Persons who have completed a minimum 240‑hour basic law enforcement training program accredited by the Commission under guidelines administered beginning October 1, 1978 and continuing through September 30, 1984 and have been separated from a sworn position over one year but less than three years shall be required to complete the Legal Unit in a Commission-accredited Basic Law Enforcement Training Course as prescribed in Rule .0205(b)(1) of this Subchapter and achieve a passing score on the State Comprehensive Examination within the 12 month probationary period;

(11)         Persons previously holding law enforcement certification in accordance with G.S. 17C‑10(a) who have been separated from a sworn law enforcement position for over one year and who have not previously completed a minimum basic training program accredited by either the North Carolina Criminal Justice Training and Standards Council or the Commission shall complete a Commission-accredited basic training program, as prescribed in Rule .0405 of this Section, and shall achieve a passing score on the State Comprehensive Examination prior to employment;

(12)         Persons who have completed training as a federal law enforcement officer and are candidates for appointment as a sworn law enforcement officer in North Carolina shall be required to complete a Commission-accredited basic training program, as prescribed in Rule .0405 of this Section, and shall achieve a passing score on the State Comprehensive Examination;

(13)         Applicants with part‑time experience who have a break in service in excess of one year shall complete a Commission-accredited basic training program, as prescribed in Rule .0405 of this Section, and achieve a passing score on the State Comprehensive Examination prior to employment;

(14)         Applicants who hold or previously held certification issued by the North Carolina Sheriffs' Education and Training Standards Commission (Sheriffs' Commission) shall be subject to evaluation of their prior training and experience on an individual basis.  The Standards Division staff shall determine the amount of training required of these applicants, based upon:

(A)          the active or inactive status held by the applicant;

(B)          the amount of time served in an active status during the year immediately prior to application for certification by the Commission;

(C)          the length of any break in the applicant's service; and

(D)          whether the applicant has completed mandatory in-service training for each year his or her certification was held by the Sheriffs' Commission.

(15)         Alcohol law enforcement agents who received basic alcohol law enforcement training prior to November 1, 1993 and transfer to another law enforcement agency in a sworn capacity shall be subject to evaluation of their prior training and experience on an individual basis.  The Standards Division staff shall determine the amount of training required of these applicants, based upon the type of certification held by the applicant and the length of any break in the applicant's sworn, full-time service.

(16)         Wildlife enforcement officers who separate from employment with the Wildlife Enforcement Division and transfer to another law enforcement agency in a sworn capacity shall be subject to evaluation of their prior training and experience on an individual basis.  The Standards Division staff shall determine the amount of training required of these applicants, based upon the type of certification held by the applicant and the length of any break in the applicant’s sworn, full-time service.

(17)         Active duty, guard, or reserve military members failing to complete all of the required annual in-service training topics, as defined in 12 NCAC 09E .0105, of this Chapter, due to military obligations, are subject to the following training requirements as a condition for return to active criminal justice status.  The agency head shall verify the person's completion of the appropriate training by submitting a statement, on Form F-9C, Return to Duty Request form.  This form is located on the agency's website: http://www.ncdoj.gov/getdoc/ac22954d-5e85-4a33-87af-308ba2248f54/F-9C-6-11.aspx.

(A)          Active duty, guard, or reserve military members holding probationary or general certification as a criminal justice officer who fail to complete all of the required annual in-service training topics due to military obligations for up to a period of three years, shall complete the previous year's  required in-service training topics, the current year's required in-service training topics, and complete with a passing score the appointing agency's in-service firearms training and qualification program as prescribed in 12 NCAC 09E prior to their return to active criminal justice status;

(B)          Active, guard or reserve military members holding probationary or general certification as a criminal justice officer who fail to complete all of the required annual in-service training topics due to military obligations for a period greater than three years shall complete the following topic areas within the following time frames:

(i)            The person shall complete the previous year's required in-service training topics, the current year's required in-service training topics, and complete the appointing agency's in-service firearms training and qualification program as prescribed in 12 NCAC 09E prior to their return to active criminal justice status;

(ii)           The person shall achieve a passing score on the practical skills testing for the First Responder, Law Enforcement Driver Training, and Subject Control Arrest Techniques topics enumerated in Rule .0205(b)(5) of this Subchapter prior to return to active criminal justice status.  This practical skills testing may be completed either in a Commission-accredited Basic Law Enforcement Training course or under the instruction of a [Commission-certified] instructor for that particular skill.  The person shall complete one physical fitness assessment in lieu of the Fitness Assessment and Testing topic.  The person must also be examined by a physician per Rule .0104(b) of this Subchapter; and

(iii)          The person shall complete some of the topics in the legal unit of instruction in the Basic Law Enforcement Training course as set forth in Rule .0205(b)(1) of this Subchapter.  The required topics include Motor Vehicle Law; Juvenile Laws and Procedures; Arrest, Search and Seizure/Constitutional Law; and ABC Laws and Procedures.  The person shall achieve a passing score on the appropriate topic tests for each course delivery.  The person may undertake each of these legal unit topics of instruction either in a Commission-accredited Basic Law Enforcement Training course or under the instruction of a Commission certified instructor for that particular topic of instruction.  The person shall have 12 months from the beginning of his or her return to active criminal justice status to complete each of the enumerated topics of instruction.

(b)  In the event the applicant's prior training is not equivalent to the Commission's standards, the Commission shall prescribe as a condition of certification supplementary or remedial training to equate previous training with current standards.

(c)  Where certifications issued by the Commission require satisfactory performance on a written examination as part of the training, the Commission shall require the examinations for the certification.

(d)  In those instances not incorporated within this Rule or where an evaluation of the applicant's prior training and experience determines that required attendance in the entire Basic Law Enforcement Training Course would be impractical, the Director of the Standards Division is authorized to exercise his or her discretion in determining the amount of training those persons shall complete during their probationary period.

(e)  The following criteria shall be used by Standards Division staff in evaluating prior training and experience of local confinement personnel to determine eligibility for a waiver of training requirements:

(1)           Persons who hold probationary, general, or grandfather certification as local confinement personnel and separate after having completed a Commission-accredited course as prescribed in Rule .0224 or .0225 of this Subchapter and have been separated for one year or more shall complete a subsequent Commission-accredited training course and achieve a passing score on the State Comprehensive Examination during the probationary period as prescribed in Rule .0401(a) of this Section;

(2)           Persons who separated from a local confinement personnel position after having completed a Commission-accredited course as prescribed in Rule .0224 or .0225 of this Subchapter and who have been separated for less than one year shall serve a new 12 month probationary period, but need not complete an additional training program;

(3)           Applicants who hold or previously held "Detention Officer Certification" issued by the North Carolina Sheriffs' Education and Training Standards Commission shall be subject to evaluation of their prior training and experience on an individual basis.  No additional training shall be required where the applicant obtained certification and successfully completed the required 120 hour training course, and has not had a break in service in excess of one year; and

(4)           Persons holding certification for local confinement facilities who transfer to a district or county confinement facility shall complete the course for district and county confinement facility personnel, as adopted by reference in Rule .0224 of this Subchapter, and achieve a passing score on the State Comprehensive Examination during the probationary period as prescribed in Rule .0401(a) of this Section.

 

History Note:        Authority G.S. 17C‑2; 17C‑6; 17C‑10; 93B-15.1

Eff. January 1, 1981;

Amended Eff. November 1, 2014; August 1, 2000; November 1, 1993; March 1, 1992; July 1, 1989; February 1, 1987.

 

12 NCAC 09B .0404          TRAINEE ATTENDANCE

(a)  Each trainee enrolled in a certified Basic Law Enforcement Training Course shall attend all class sessions.  The school director shall monitor the trainee's regular attendance at criminal justice training courses in which the trainee is enrolled.

(b)  The school director may excuse a trainee from attendance at specific class sessions.  However, in no case may excused absences exceed five percent of the total class hours for the course offering.  A trainee shall not be eligible for administration of the state comprehensive examination and shall be dismissed from the course if the cumulative total of class absences exceeds five percent regardless of the prior completion of make-up work.

(c)  If the school director grants an excused absence from a class session, he shall schedule make‑up work and ensure the satisfactory completion of such work during the current course presentation.  The school director shall schedule instructors and reimburse those instructors for the purpose of completion of the make up work. Absences which occur during the last forty hours of the training course may be made up in a subsequent delivery; however, the school director shall notify the Standards Division prior to scheduling the make up work.

(d)  A school director may terminate a trainee from course participation or may deny certification of successful course completion where the trainee is tardy to or departs early from class meetings or field exercises.

(e)  Where a trainee is enrolled in a program as required in 12 NCAC 09B .0212, .0213, .0214, .0215, .0218, .0219, .0220, .0221, .0222, .0237, .0238, .0239, or .0240, and the scheduled course hours exceed the requirements of the Commission, the trainee, upon the authorization of the school director, may be deemed to have satisfactorily completed the required number of hours for attendance provided the trainee's attendance is not less than 100 percent of the instructional hours as required by the Commission.

(f)  A trainee enrolled in a presentation of the "Criminal Justice Instructor Training Course" under Rule .0209 of this Subchapter shall not be absent from class attendance for more than 10 percent of the total scheduled delivery period in order to receive successful course completion.

(g)  A trainee, enrolled in a presentation of the "Specialized Firearms Instructor Training" course under Rule .0226 of this Subchapter, the "Specialized Driving Instructor Training" course under Rule .0227 of this Subchapter, the "Specialized Subject Control Arrest Techniques Instructor Training" course under Rule .0232 of this Subchapter, or the "Specialized Physical Fitness Instructor Training" course under Rule .0233 of this Subchapter, shall not be absent from class attendance for more than 10 percent of the total scheduled delivery period in order to receive successful course completion.  Make-up work must be completed during the current course presentation for all absenteeism.

(h)  A trainee, enrolled in a presentation of the "Radar Instructor Training Course" under Rule .0210 of this Subchapter, the "Time-Distance Speed Measurement Instrument Instructor Training Course" under Rule .0211 of this Subchapter, or the "Lidar Speed Measurement Instrument Instructor Training Course" under Rule .0235 of this Subchapter shall not be absent from class attendance for more than 10 percent of the total scheduled delivery period in order to receive successful course completion.  Make-up work must be completed during the current course presentation for all absenteeism.

 

History Note:        Authority G.S. 17C‑2; 17C‑6; 17C‑10;

Eff. January 1, 1981;

Amended Eff. November 1, 1981;

Readopted Eff. July 1, 1982;

Amended Eff. February 1, 2006; May 1, 2004; August 1, 2000; April 1, 1999; November 1, 1993; July 1, 1989; February 1, 1987; June 1, 1986.

 

12 NCAC 09B .0405          COMPLETION OF BASIC LAW ENFORCEMENT TRAINING COURSE

(a)  Each delivery of an accredited basic training course includes all units as specified in Rule .0205 of this Subchapter. Each trainee shall attend and satisfactorily complete the full course as specified in Paragraph (b) of this Rule during a scheduled delivery.  The school director may develop supplemental rules as set forth in Rule .0202(a)(7) of this Subchapter, but may not add substantive courses, or change or expand the substance of the courses as set forth in Rule .0205 of this Subchapter for purposes of Commission credit.  This Rule does not prevent the instruction on local agency rules or standards; however, such instruction shall not be considered or endorsed by the Commission for purposes of certification.  The Director of the Standards Division may issue prior written authorization for a specified trainee's limited enrollment in a subsequent delivery of the same course where the trainee provides evidence that:

(1)           the trainee attended and satisfactorily completed specified class hours and topics of Basic Law Enforcement Training Course but through extended absence occasioned by illness, accident, emergency, or other good cause was absent for more than five percent of the total class hours of the course offering;

(2)           the trainee was granted excused absences by the school director that did not exceed five percent of the total class hours for the course offering and the school director has obtained approval from the Standards Division pursuant to Rule .0404 of this Section for make up work to be completed in a subsequent enrollment; or

(3)           the trainee participated in an accredited course but had an identified deficiency in essential knowledge or skill in no more than two of the specific topic areas incorporated in course content as prescribed under Rule .0205 of this Subchapter;

The trainee who is deficient in more than two topical areas shall be dismissed from the course delivery and shall be required to complete a subsequent training delivery in its entirety.

(b)  The trainee shall demonstrate proficiency in the school's cognitive topical area tests by achieving a minimum score of 70 percent on each topical area test and shall also demonstrate proficiency in the motor skills and performance subjects:

(1)           a trainee who fails to achieve a passing score on the first attempt shall have one opportunity for reexamination following remediation;

(2)           a trainee shall be allowed failure, remediation, and reexamination in no more than four topical area tests;

(3)           upon initial failure of a fifth topical area test, the trainee shall not be allowed remediation or reexamination and shall be immediately dismissed from the course and shall be required to complete a subsequent delivery of Basic Law Enforcement Training in its entirety.

(c)  An authorization of limited enrollment in a subsequent delivery of the Basic Law Enforcement Training Course may not be issued by the Standards Division unless in addition to the evidence required by Paragraph (a) of this Rule:

(1)           The school director of the previous course offering submits to the Standards Division a certification of the particular topics and class hours attended and satisfactorily completed by the trainee during the original enrollment; and

(2)           The school director makes written application to the Standards Division for authorization of the trainee's limited enrollment.

(d)  An authorization of limited enrollment in a subsequent course delivery permits the trainee to attend an offering of the Basic Law Enforcement Training Course commencing within 120 calendar days from the date of administration of the state comprehensive examination in the trainee's prior course delivery.

(1)           The trainee shall attend and satisfactorily complete in its entirety each topical area identified by the school director as an area of trainee deficiency in the prior course participation with the exception of the "Physical Fitness" topical area.

(2)           There are two options available for satisfying a deficiency in the "Physical Fitness" topical area with the school director's approval:

(A)          the student shall be allowed to make up the deficiency at the original training site without enrolling in a subsequent delivery of BLET.  Under this option, the student shall be given 120 calendar days from the date that the comprehensive state examination was administered to the original BLET course in order to successfully satisfy this deficiency. Students who select this option shall be allowed two attempts to complete the entire Police Officer Physical Abilities Test (POPAT) Course with a minimum of 24 hours of rest between attempts during the 120-day period to satisfy the deficiency; or

(B)          the student shall be allowed to enroll in a subsequent delivery of BLET as a "limited enrollee."  This delivery shall begin within 120 calendar days from the date that the comprehensive state examination was administered to the original BLET course in order to successfully satisfy this deficiency.  Students who select this option shall be allowed two attempts to complete the entire POPAT Course with a minimum of 24 hours of rest between attempts during the delivery period of the subsequent BLET course.

A certified "Physical Fitness" instructor is the only person qualified to administer and grade the fitness re-test. At the time of the re-test, the school director or the Qualified Assistant shall be present.

(3)           Following limited enrollment in the subsequent course offering, scheduled class attendance, and active participation with passing grades on all required topic and motor-skill tests, and having no deficiencies, the trainee shall be eligible for administration of the comprehensive written examination by the Commission, as set forth in Rule .0406 of this Section.

 

History Note:        Authority G.S. 17C-6; 17C-10;

Eff. January 1, 1981;

Amended Eff. February 1, 2014; August 1, 2000; July 1, 1989; July 1, 1985; April 1, 1984; January 1, 1983.

 

12 NCAC 09B .0406          COMPREHENSIVE WRITTEN EXAMINATION ‑ BASIC LAW ENFORCEMENT TRAINING

(a)  Within 60 days of the conclusion of a school's offering of the Basic Law Enforcement Training Course, the Commission shall administer a comprehensive written examination to each trainee who has completed all of the required course work. A trainee shall not be administered the comprehensive written examination until such time as all of the course work is completed.

(b)  The examination shall be comprised of six units as specified in 12 NCAC 09B .0205(b).

(c)  The Commission's representative shall submit to the school director within five business days of the administration of the examination a report of the results of the test for each trainee examined.

(d)  A trainee shall have achieved a passing score on the comprehensive written examination upon achieving a minimum of 70 percent correct answers on each of the six units as prescribed in Paragraph (b) of this Rule.

(e)  A trainee who has participated in a scheduled delivery of an accredited training course and has achieved a passing score in each motor‑skill or performance area of the course curriculum but has failed to achieve the minimum score of 70 percent on no more than two units of the Commission's comprehensive written examination may request the Director of the Standards Division to authorize a re‑examination of the trainee in only those units for which he or she failed to make a passing score of 70 percent:

(1)           The trainee's request for re‑examination shall be made in writing on the Commission's Re-Examination Request form and shall be received by the Standards Division within 30 days of the examination.  The Re-examination Request form is located on the agency's website: http://www.ncdoj.gov/getdoc/b38b7eee-e311-4ec3-8f9c-bd8fd58f6281/SMI-6-Reexam-6-11.aspx.

(2)           The trainee's request for re‑examination shall include the favorable recommendation of the school director who administered the course(s).

(3)           A trainee shall have, within 60 days of the original examination(s), only one opportunity for re‑examination and shall achieve a passing score on the subsequent unit examination.

(4)           The trainee shall be assigned in writing by the Director of the Standards Division a place, time, and date for re‑examination.

(5)           Should the trainee on re‑examination not achieve a minimum score of 70 percent on the examination, the trainee shall not be eligible for probationary certification, as prescribed in 12 NCAC 09C .0303(d).  The trainee may enroll and complete a subsequent offering of the Basic Law Enforcement Training Course before further examination is permitted.

(f)  A trainee who fails to achieve a passing score of 70 percent on three or more of the units as prescribed in 12 NCAC 09B .0406(b) shall not be given the opportunity for re-examination on those units; and shall enroll in and complete a subsequent offering of the Basic Law Enforcement Training Course before further examination is permitted.

 

History Note:        Authority G.S. 17C‑6; 17C‑10;

Eff. January 1, 1981;

Amended Eff. January 1, 2015; August 1, 2000; July 1, 1989; July 1, 1985; January 1, 1983.

 

12 NCAC 09B .0407          SATISFACTION OF MINIMUM TRAINING REQUIREMENTS

 

History Note:        Authority G.S. 17C‑6; 17C‑10;

Eff. January 1, 1981;

Amended Eff. July 1, 1989; July 1, 1985; April 1, 1984; January 1, 1983;

Repealed Eff. August 1, 2000.

 

12 NCAC 09B .0408          COMPREHENSIVE WRITTEN EXAMINATION ‑ BASIC SMI CERTIFICATION

(a)  Within 60 days of the conclusion of the classroom instruction portion of a school's offering of any speed measurement instrument operator course or re‑certification course, the Commission shall administer a comprehensive written examination to each trainee who has completed all of the required course work.

(b)  The examination shall be an objective test covering the topic areas contained in the certified course curriculum.

(c)  The Commission's representative shall submit to the school director within five business days of the administration of the examination a report of the results of the test for each candidate for certification.

(d)  A trainee shall pass the operator training course as required in 12 NCAC 09B .0212, .0213, .0214, .0238, .0242, or .0244 by achieving 70 percent correct answers.

(e)  An operator seeking recertification shall pass the operator training recertification course as specified in 12 NCAC 09B .0220, .0221, .0222 .0240, .0243, or .0245 by achieving 75 percent correct answers.

(f)  A trainee who has participated in a scheduled delivery of a certified training course and has demonstrated 100 percent competence in each motor‑skill or performance area of the course curriculum, but has failed to achieve a passing score, as specified in Paragraph (d) of this Rule, on the Commission's comprehensive written examination, may request the Director of the Standards Division to authorize a re‑examination of the trainee under the following requirements:

(1)           The trainee's request for re‑examination shall be made in writing on the Commission's Re-Examination Request form, located on the agency's website: http://www.ncdoj.gov/getdoc/b38b7eee-e311-4ec3-8f9c-bd8fd58f6281/SMI-6-Reexam-6-11.aspx. The Re-Examination Request form shall be received by the Standards Division within 30 days of the examination;

(2)           The trainee's request for re‑examination shall include the favorable recommendation of the school director who administered the course;

(3)           A trainee shall have, within 60 days of the original examination, only one opportunity for re‑examination and shall achieve a passing score on the subsequent examination; and

(4)           The trainee shall be notified by the Standards Division staff of a place, time, and date for re‑examination.

(g)  If the trainee fails to achieve the minimum score as specified in Paragraph (d) of this Rule on the re‑examination, the trainee may not be recommended for certification and shall enroll and complete a subsequent course offering before further examination may be permitted.

 

History Note:        Authority G.S. 17C‑6;

Eff. November 1, 1981;

Readopted Eff. July 1, 1982;

Amended Eff. January 1, 2015; November 1, 2007; May 1, 2004; April 1, 1999; December 1, 1987; October 1, 1983; April 1, 1983.

 

12 NCAC 09B .0409          SATISFACTION OF TRAINING ‑‑ SMI OPERATORS

(a)  To satisfy the training requirements for operator certification, a trainee shall complete all of the following:

(1)           achieve a score of 70 percent correct answers on the comprehensive written examination, provided for in 12 NCAC 09B .0408(d).

(2)           demonstrate successful completion of a certified offering of courses as prescribed under 12 NCAC 09B .0212, .0213, .0214, .0215, .0238, .0242, or .0244 as shown by the certification of the school director.

(3)           demonstrate 100 percent proficiency in the motor‑skill and performance subject areas as demonstrated to a certified Speed Measurement Instrument (SMI) instructor and further evidenced through documentation on the Commission's SMI forms and by the subscribing instructor's certification of trainee competence.

(4)           present evidence showing prior North Carolina certification in a Commission-certified operator training course as prescribed in 12 NCAC 09B .0212 .0213, .0214, .0238, .0242, .0244 or present evidence showing prior certification which meets or exceeds North Carolina certification, or present evidence showing completion of 16 hours of supervised field practice within 90 days after completing a Commission-certified radar operator training course as prescribed in 12 NCAC 09B .0212 .0213, .0242, .0244.

(b)  Any trainee failing to achieve 100 percent proficiency in the motor‑skill area may request written permission from the Director of the Standards Division for re‑examination.  The trainee's request for re‑examination shall be made in writing and must be received by the Standards Division within 30 days of the original examination.  The trainee's request for re‑examination shall include the favorable recommendation of the school director who administered the course. A trainee shall have, within 90 days of the original examination, only one opportunity for motor‑skill re‑examination and must satisfactorily complete each identified area of deficiency on the original motor‑skill examination. The trainee shall be notified by the Standards Division staff of a place, time and date for re‑examination.  If the trainee fails to achieve the prescribed score on the examination, the trainee shall not be recommended for certification and shall enroll and complete a subsequent course offering in its entirety before further examination may be permitted.

(c)  To satisfy the training requirements for operator re‑certification, an operator seeking re-certification shall:

(1)           Achieve a score of 75 percent correct answers on the comprehensive written examination provided for in 12 NCAC 09B .0408(e).

(2)           Demonstrate successful completion of a certified offering of courses as prescribed under 12 NCAC 09B .0218, .0219, .0220, .0221, .0222, .0239, .0240, .0243, or .0245 as shown by the certification of the school director.

(3)           Satisfy all motor-skill requirements as required in Subparagraph (a)(3) of this Rule.

(d)  At the time a trainee seeking operator re-certification fails to achieve the prescribed requirements on the comprehensive written examination as specified in 12 NCAC 09B .0409(c)(1), certification of the officer automatically and immediately terminates and that officer shall not be re-certified until successful completion of a subsequent course offering as prescribed under either 12 NCAC 09B .0212, .0213, .0214, .0238, .0242, or .0244 before further examination is permitted.

(e)  At the time a trainee seeking operator re-certification fails to achieve the prescribed motor-skill requirements as specified in 12 NCAC 09B .0409(c)(3), certification of the officer automatically and immediately terminates and that officer shall not be re-certified until successful completion of the required motor-skill testing.  Provided, however, such an officer may request re‑examination as prescribed in Paragraph (b) of this Rule.

 

History Note:        Authority G.S. 17C‑6;

Eff. November 1, 1981;

Readopted w/change Eff. July 1, 1982;

Amended Eff. November 1, 2007; May 1, 2004; April 1, 1999; December 1, 1987; August 1, 1984; October 1, 1983; April 1, 1983.

 

12 NCAC 09B .0410          CRIMINAL JUSTICE INSTRUCTOR TRAINING COURSE

(a)  To acquire successful completion of the "Criminal Justice Instructor Training Course" the trainee shall:

(1)           satisfactorily complete all of the required coursework, specifically including each of the trainee presentations with video taping, playback, and critique as specified in the "Basic Instructor Training Manual" as published by the North Carolina Justice Academy.  All trainee presentations must have met the criteria and conditions specified in the course orientation of the "Basic Instructor Training Manual;"

(2)           attain the minimum score on each performance area as specified in the course abstract of the "Basic Instructor Manual" for the final written lesson plan and final 80‑minute presentation; and,

(3)           achieve a score of 75 percent correct answers on the Commission‑administered comprehensive written examination.

(b)  Should a trainee fail to meet the minimum criteria on the final lesson plan or the final 80‑minute presentation, he/she shall be authorized one opportunity to correct either of these deficiencies by the end of the original two-week course.

 

History Note:        Authority G.S. 17C‑6; 17C‑10;

Eff. January 1, 1985;

Amended Eff. January 1, 1995; February 1, 1987.

 

 

 

12 NCAC 09B .0411          COMPREHENSIVE WRITTEN EXAM ‑‑ LOCAL CONFINEMENT FACILITY

(a)  At the conclusion of a school's offering of the "Local Confinement Facility Personnel" course, as prescribed in 12 NCAC 9B .0225, an authorized representative of the Commission shall administer a comprehensive written examination to each trainee who has satisfactorily completed all the course work.  A trainee cannot be administered the comprehensive written examination until such time as all course work is completed.

(b)  The examination shall be an objective test consisting of multiple choice, true‑false, or similar questions covering the topic areas as prescribed in 12 NCAC 9B .0225.

(c)  The Commission's representative shall submit to the school director within five days of the administration of the examination a report of the results of the test for each trainee examined.

(d)  A trainee who has fully participated in a scheduled delivery of an accredited training course and has demonstrated satisfactory competence in each motor‑skill or performance area of the course curriculum but has failed to achieve the minimum score of 70 percent on the Commission's comprehensive written examination may request the director of the Standards Division to authorize a re‑examination of the trainee.

(1)           The trainee's request for re‑examination shall be made in writing on the Commission's form and shall be received by the Standards Division within 30 days of the examination.

(2)           The trainee's request for re‑examination shall include the favorable recommendation of the school director who administered the course.

(3)           A trainee shall have, within 90 days of the original examination, only one opportunity for re‑examination and shall satisfactorily complete the subsequent examination in its entirety.

(4)           A trainee will be assigned in writing by the Standards Division staff a place, time, and date for re‑examination.

(5)           If the trainee fails to achieve the prescribed minimum score on the re‑examination, the trainee may not be recommended for certification and shall enroll and complete a subsequent course offering in its entirety before further examination may be permitted.

 

History Note:        Authority G.S. 17C‑2; 17C‑6; 17C‑10;

Eff. June 1, 1986.

 

 

 

12 NCAC 09B .0412          SATISFACTION OF MINIMUM TRAINING ‑‑ LOCAL CONFINEMENT FACILITY

To acquire successful completion of the "Local Confinement Facility Personnel" course, as prescribed in 12 NCAC 9B .0225, the trainee shall:

(1)           achieve a score of 70 percent correct answers on the Commission‑administered comprehensive written examination(s), provided in Rule .0411 of this Subchapter;

(2)           demonstrate successful completion of an accredited offering of the "Local Confinement Facility Personnel" course, as prescribed in 12 NCAC 9B .0225, by obtaining the recommendation of the trainee's school director that the trainee possesses at least the minimum degree of general attributes, knowledge, and skills to function as an inexperienced local confinement facility officer, supervisor, or administrator.

 

History Note:        Authority G.S. 17C‑2; 17C‑6; 17C‑10;

Eff. June 1, 1986.

 

 

 

12 NCAC 09B .0413          COMPREHENSIVE WRITTEN EXAM ‑ INSTRUCTOR TRAINING

(a)  The Director of the Standards Division, or his designee, shall administer a comprehensive written examination to each trainee who has completed the first 12 units of the "Criminal Justice Instructor Training Course" as described in the "Basic Instructor Training Manual."  This comprehensive written examination shall be administered within 60 days of the completion of the first 12 units of the "Criminal Justice Instructor Training Course, as specified in Rule .0209 of this Subchapter.

(b)  The examination shall be an objective test covering the topic areas contained in the accredited course curriculum.

(c)  The Commission's representative shall submit to the school director within five business days of the administration of the examination a report of the results of the test for each trainee examined.

(d)  A trainee shall achieve a passing score on the comprehensive written examination if he or she achieves a minimum of 75 percent correct answers.

(e)  A trainee who has participated in a scheduled delivery of an accredited training course and has demonstrated competence in each performance area of the course curriculum, who has scored at least 65 percent but has failed to achieve the minimum passing score of 75 percent on the Commission's comprehensive written examination, may request the Director of the Standards Division to authorize a re‑examination of the trainee under the following requirements:

(1)           The trainee's request for re‑examination shall be made in writing on the Commission's Re-Examination Request form, located on the agency's website: http://www.ncdoj.gov/getdoc/b38b7eee-e311-4ec3-8f9c-bd8fd58f6281/SMI-6-Reexam-6-11.aspx. The Re-Examination Request form shall be received by the Standards Division within 30 days of the examination;

(2)           The trainee's request for re‑examination shall include the favorable recommendation of the school director who administered the course;

(3)           A trainee shall have, within 60 days of the original examination, only one opportunity for re‑examination and shall achieve a passing score on the subsequent examination; and

(4)           The trainee shall be notified in writing by the Standards Division staff a place, time, and date for re‑examination.

(f)  Should the trainee not achieve a passing score on the re-examination the trainee shall not be given course completion and shall enroll and complete a subsequent offering of the instructor course before further examination may be permitted.

(g)  A trainee who fails to score at least 65 percent on the Commission's comprehensive written examination shall not be eligible for re-examination, and shall complete a subsequent offering of the instructor training course before further examination may be permitted.

 

History Note:        Authority G.S. 17C‑6; 17C‑10;

Eff. February 1, 1987;

Amended Eff. January 1, 2015; January 1, 1995.

 

12 NCAC 09B .0414          COMPREHENSIVE WRITTEN EXAM - SPECIALIZED INSTRUCTOR TRAINING

(a)  The Commission shall administer a comprehensive written examination within 60 days of the completed required course work for the following courses:

(1)           Specialized Firearms Instructor Training;

(2)           Specialized Driver Instructor Training;

(3)           Specialized Subject Control Arrest Techniques Instructor Training;

(4)           Specialized Physical Fitness Instructor Training;

(5)           Specialized Explosives and Hazardous Materials Instructor Training;

(6)           Radar Instructor Training;

(7)           Criminal Justice Time-Distance/Speed Measurement Instrument (TD/SMI) Instructor Training;

(8)           LIDAR Instructor Training;

(9)           Re-Certification Training for Radar Instructors;

(10)         Re-Certification Training for TD/SMI Instructors; and

(11)         Re-Certification Training for LIDAR Instructors.

(b)  The examination shall be an objective test covering the topic areas contained in the certified course curriculum.

(c)  The Commission's representative shall submit to the school director within five business days of the administration of the examination a report of the results of the test for each trainee examined.

(d)  A trainee shall achieve a passing score on the comprehensive written examination if he or she achieves 75 percent correct answers.

(e)  A trainee who fails to achieve a minimum score of 75 percent on the Commission's comprehensive written examination shall enroll and complete a subsequent offering of the specialized instructor training course before further examination may be permitted.

 

History Note:        Authority G.S. 17C-6; 17C-10;

Eff. February 1, 1987;

Amended Eff. January 1, 2015; June 1, 2013; May 1, 2004; August 1, 2000; April 1, 1999; July 1, 1989.

 

12 NCAC 09B .0415          SATISFACTION OF MINIMUM TRAINING - SPECIALIZED INSTRUCTOR

(a)  To acquire successful completion of the "Specialized Firearms Instructor Training," "Specialized Driver Instructor Training," "Specialized Subject Control Arrest Techniques Instructor Training," "Specialized Physical Fitness Instructor," and the "Specialized Explosives and Hazardous Materials Instructor Training" courses, the trainee shall:

(1)           satisfactorily complete all required coursework as specified in the course abstract of the "Specialized Firearms Instructor Training Manual," the "Specialized Driver Instructor Training Manual," the "Specialized Subject Control Arrest Techniques Instructor Training Manual," the "Specialized Physical Fitness Instructor Training Manual," and the "Specialized Explosives and Hazardous Materials Instructor Training Manual" as published by the North Carolina Justice Academy; and

(2)           demonstrate proficiency in all required motor-skill and performance subjects as specified in each specialized instructor training manual.

(b)  Should a trainee fail to meet the minimum criteria on a motor skill or performance area, he or she shall be authorized one opportunity for a re-test at the discretion of the school director.  Such re-test must be completed during the original course and prior to the trainee's being administered the comprehensive written examination. Failure to meet the required criteria on a re-test requires enrollment in a subsequent course.

 

History Note:        Authority G.S. 17C-6; 17C-10;

Eff. February 1, 1987;

Amended Eff. June 1, 2013; August 1, 2000; July 1, 1989.

 

12 NCAC 09B .0416          SATISFACTION OF MINIMUM TRAINING ‑ SMI INSTRUCTOR

(a)  To acquire successful completion of the "Speed Measurement Instrument (SMI) Instructor Training Courses," and the "SMI Instructor Re-Certification Courses", the trainee shall complete all required course work as specified in Rules .0210, .0211, .0218, .0219, .0237, or .0239 of this Subchapter for the specific course in attendance.

(b)  If the trainee fails to demonstrate 100 percent competence in each motor-skill or performance area, he or she shall be authorized one opportunity for a re‑test.  Such re‑test shall be at the recommendation of the school director and a request shall be made to the Standards Division within 30 days of the original testing.  Re‑examination shall be completed within 90 days of the original testing.  Failure to score 100 percent on the re‑test requires enrollment in a subsequent SMI operator course and an SMI instructor course.

 

History Note:        Authority G.S. 17C‑6; 17C‑10;

Eff. February 1, 1987;

Amended Eff. January 1, 2015; November 1, 2007; April 1, 1999.

 

12 NCAC 09B .0417          SPECIALIZED EXPLOSIVes and hazardous materials INSTRUCTOR TRAINING

(a)  The instructor training course required for Specialized Explosives and Hazardous Materials Instructor certification shall consist of a minimum of 68 hours of instruction presented during a continuous period of not more than two weeks.

(b)  Each Specialized Explosives and Hazardous Materials Instructor Training course shall be designed to provide the trainee with the skills and knowledge to perform the function of a criminal justice explosives and hazardous materials instructor in a Basic Law Enforcement Training Course or a Law Enforcement Officers' Annual In-Service Training Program.

(c)  Each applicant for specialized explosives and hazardous materials instructor training shall:

(1)           have completed either:

(A)          the criminal justice general instructor training course; or

(B)          the Fire Service Instructor Methodology Course or the equivalent utilizing the Instructional Systems Design model, an international model with application in education, military training, and private enterprise;

(2)           present a written endorsement by either:

(A)          a certified school director indicating the student will be utilized to instruct explosives and hazardous materials in Basic Law Enforcement Training Courses; or

(B)          a department head, certified school director, or in-service training coordinator, indicating the student will be utilized to instruct explosives and hazardous materials training in the Law Enforcement Officer's Annual In-Service Training Program; and

(3)           present a completed OSHA Respirator Medical Evaluation Questionnaire, accompanied by a statement from a licensed medical professional stating the applicant is physically fit to participate in the course.

(d)  Each Specialized Explosives and Hazardous Materials Instructor Training course shall include the following identified topic areas and minimum instructional hours for each area:

(1)           Orientation                                                                                                                            2 Hours

(2)           Introduction to Hazardous Materials                                                                              1 Hour

(3)           Hazardous Materials Identification                                                                                                2.5 Hours

(4)           Awareness Level Actions at Hazardous Materials Incidents                                      1.5 Hours

(5)           Chemical Properties and Hazardous Materials Behavior                                           3 Hours

(6)           Incident Management                                                                                                        3 Hours

(7)           Strategic Goals and Tactical Objectives                                                                         3.5 Hours

(8)           Terrorist and Other Criminal Activity                                                                              5 Hours

(9)           Personal Protective Equipment                                                                                         5 Hours

(10)         Decontamination                                                                                                                                5 Hours

(11)         Product Control                                                                                                                   4 Hours

(12)         Air Monitoring and Sampling                                                                                            1.5 Hours

(13)         Victim Rescue and Recovery                                                                                            4 Hours

(14)         Evidence Preservation and Sampling                                                                              3 Hours

(15)         Illicit Laboratories                                                                                                               2 Hours

(16)         Introduction to Explosive Devices                                                                                   1 Hour

(17)         Improvised Explosive Device Anatomy                                                                         2 Hours

(18)         Packaged Improvised Explosive Devices                                                                       1 Hour

(19)         Suicide/Homicide Improvised Explosive Devices                                                         1 Hour

(20)         Vehicle Borne Improvised Explosive Devices                                                               1 Hour

(21)         Radio Controlled Improvised Explosive Devices with Live Demonstration            5 Hours

(22)         Improvised Explosive Device Threat Response                                                            1 Hour

(23)         Explosives and Hazardous Materials Emergencies and BLET Lesson Plan          

Review                                                                                                                                   10 Hours

(e)  The texts and publications utilized in the Explosives and Hazardous Materials Specialized Instructor Training course shall be those approved by the Education and Training Committee of the Criminal Justice Education and Training Standards Commission.  The basic curriculum for delivery of the Specialized Explosives and Hazardous Materials Instructor Training course shall be the current "Explosives and Hazardous Materials Emergencies Basic Law Enforcement Training Manual" as published by the North Carolina Justice Academy, including all subsequent amendments and editions.  Copies of these publications may be inspected at the agency:

Criminal Justice Standards Division

North Carolina Department of Justice

1700 Tryon Park Drive

Raleigh, North Carolina  27610

and may be obtained at no cost to the student from the Academy at the following address:

North Carolina Justice Academy

Post Office Box 99

Salemburg, North Carolina  28385

(f)  The North Carolina Justice Academy is certified to offer the Specialized Explosives and Hazardous Materials Instructor Training course.

 

History Note:        Authority G.S. 17C-6; 17C-10;

Eff. June 1, 2013.

 

SECTION .0500 ‑ MINIMUM STANDARDS FOR CRIMINAL JUSTICE SCHOOL DIRECTORS

 

12 NCAC 09B .0501          CERTIFICATION OF SCHOOL DIRECTORS

(a)  Any person designated to act as, or who performs the duties of, a school director in the delivery or presentation of a Commission-certified criminal justice training course shall be and continuously remain certified by the Commission as a school director.

(b)  To qualify for initial certification as a criminal justice school director, an applicant shall:

(1)           Attend and successfully complete a Commission-certified instructor training course or an equivalent instructor training program as determined by the Commission (if certified after July 1, 2004); and

(2)           Present documentary evidence showing that the applicant:

(A)          is a high school graduate or has passed the General Education Development Test (GED) indicating high school equivalency and has acquired five years of practical experience as a criminal justice officer or as an administrator or specialist in a field directly related to the criminal justice system.  At least one year of the required five years experience must have been while actively participating in criminal justice training as a Commission-certified instructor; or

(B)          has been awarded an associate degree and has acquired four years of practical experience as a criminal justice officer or as an administrator or specialist in a field directly related to the criminal justice system. At least one year of the required four years experience must have been while directly participating in criminal justice training as a Commission-certified instructor; or

(C)          has been awarded a baccalaureate degree from a regionally accredited institution of higher learning;

(3)           Attend or must have attended the most current offering of the school director's orientation as developed and presented by the Commission staff, otherwise an individual orientation with a staff member shall be required.

(4)           Submit a written request for the issuance of such certification executed by the executive officer of the institution or agency currently certified, or which may be seeking certification, by the Commission to make presentation of certified training programs and for whom the applicant will be the designated school director.

(c)  To qualify for certification as a school director in the presentation of the "Criminal Justice Instructor Training Course" an applicant shall:

(1)           Document that he/she has been awarded a baccalaureate degree from a regionally accredited institution of higher learning; and

(2)           Present evidence showing successful completion of a Commission-certified instructor training course or an equivalent instructor training program as determined by the Commission; and

(3)           Be currently certified as a criminal justice instructor by the Commission; and

(4)           Document successful participation in a special program presented by the Justice Academy for purposes of familiarization and supplementation relevant to delivery of the instructor training course and trainee evaluation.

 

History Note:        Authority G.S. 17C‑6;

Eff. January 1, 1985;

Amended Eff. July 1, 2004.

 

12 NCAC 09B .0502          TERMS AND CONDITIONS OF SCHOOL DIRECTOR CERTIFICATION

(a)  The term of certification as a school director is two years from the date the Commission issues the certification, unless earlier terminated by action of the Commission.  Upon application, the certification may subsequently be renewed by the Commission for three-year periods.  The application for renewal shall contain documentation meeting the requirements of Rule .0501(b)(2) and (3) of this Section.

(b)  To retain certification as a school director, the school director shall:

(1)           Participate in annual training conducted by commission staff;

(2)           Maintain and comply with the current version of the "Basic Law Enforcement Training Course Management Guide";

(3)           Maintain and ensure compliance with the current version of the "Basic Law Enforcement Training Instructor Notebook" assigned to each certified school; and

(4)           Perform the duties and responsibilities of a school director as specifically required in Rule .0202 of this Subchapter.

 

History Note:        Authority G.S. 17C-6;

Eff. January 1, 1985;

Amended Eff. May 1, 2014; April 1, 2009.

 

12 NCAC 09B .0503          SUSPENSION: REVOCATION: DENIAL/SCHOOL DIR. CERTIFICATION

(a)  The Commission may deny, suspend, or revoke certification of a school director when the Commission finds that the person has failed to meet or continuously maintain any of the requirements for qualification or through performance fails to comply with program rules and procedures of the Commission or otherwise demonstrates incompetence.

(b)  Prior to the Commission's action denying, suspending, or revoking a school director's certification, the Standards Division may notify the person that a deficiency appears to exist and may attempt, in an advisory capacity, to assist the person in correcting the deficiency.

 

History Note:        Authority G.S. 17C‑6;

Eff. January 1, 1985.

 

 

 

 

SECTION .0600 ‑ CERTIFICATION OF POSTSECONDARY CRIMINAL JUSTICE EDUCATION PROGRAMS

 

 

 

12 NCAC 09B .0601          PURPOSE

(a)  The purpose of the certification of postsecondary criminal justice education programs is to:

(1)           officially recognize those academic institutions that have established minimum requirements as set forth by the Criminal Justice Education and Training Standards Commission;

(2)           improve the quality of criminal justice education in North Carolina; and

(3)           advance the standards approved by the Commission as set forth in Section .0600 of this Subchapter.

(b)  The certification of postsecondary criminal justice education programs is strictly voluntary.  Criminal justice education programs in postsecondary institutions will not be required to comply with rules as outlined in Section .0600 of this Subchapter.

 

History Note:        Authority G.S. 17C‑6(b)(10);

Eff. January 1, 1985.

 

 

 

12 NCAC 09B .0602          ESTABLISHMENT OF PROGRAM EVALUATION COMMITTEE

The Program Evaluation Committee is a standing subcommittee of the Education and Training Committee of the commission.  The Program Evaluation Committee shall be composed of two members appointed by the North Carolina Criminal Justice Association, according to its by‑laws, and three members who shall be commission members to include the North Carolina Criminal Justice Association's representative to the Commission.

 

History Note:        Authority G.S. 17C‑6(b)(10);

Eff. January 1, 1985;

Amended Eff. July 1, 1988.

 

 

 

12 NCAC 09B .0603          LEVELS OF APPROVAL

(a)  An institution operating a postsecondary criminal justice program not currently meeting all of the criteria for certification as contained in the "Certification Guidelines Manual for Postsecondary Criminal Justice Programs" may apply to the Commission for Candidate Status.  This category also applies to institutions that have not graduated a regular class but have a program under way which appears to meet most of the criteria.

(b)  The "Certification Guidelines Manual For Postsecondary Criminal Justice Programs" as published by the Commission is hereby adopted by reference and shall not include any subsequent amendments, to provide specific information about the postsecondary criminal justice education certification process as administered by the Commission.  Copies of this publication may be inspected at the office of the agency:

Criminal Justice Standards Division

North Carolina Department of Justice

114 West Edenton Street

Old Education Building

Post Office Drawer 149

Raleigh, North Carolina  27602

and may be obtained at cost from the Standards Division.

(c)  Programs awarded certification will be entitled to all rights and recognitions by the Commission.  These include any benefits provided by the Commission to certified programs.  Programs in this status must have graduated a class.

 

History Note:        Authority G.S. 17C‑6(b)(10);

Eff. January 1, 1985;

Amended Eff. December 1, 1998; July 1, 1989.

 

 

 

12 NCAC 09B .0604          SELF STUDY

(a)  There must be a systematic plan to conduct evaluative activities on an on‑going basis.  Self‑evaluation is a continuing obligation of the institution offering a criminal justice program.  The self‑evaluation must include, as a minimum, a specific response to each guideline for approval as outlined in the "Certification Manual".  Supplementary materials may be appended to the report if they clarify the response(s).

(b)  The self‑study may be conducted utilizing a recent institutional self‑study conducted within the past three years or one currently underway for the Southern Association of Colleges and Universities accreditation or re‑accreditation.  Care should be taken to appropriately supplement materials used in the Southern Association self‑study with information required specifically for certification by the Commission, as found in the self‑evaluation report forms.

(c)  A Visiting Team may be required.  It will use the self‑evaluation as the primary evaluation instrument during the site visit.

(d)  Five copies of the completed self‑evaluation report and five copies of the college catalog must be submitted to the Commission's Program Evaluation Committee for the Visiting Team and Committee use.

 

History Note:        Authority G.S. 17C‑6(b)(10);

Eff. January 1, 1985.

 

 

 

12 NCAC 09B .0605          INSTITUTIONAL VISITATION

(a)  After copies of the completed self‑evaluation report have been received by the Program Evaluation Committee, the institution will make arrangements for a team to visit the institution, if a team visit is called for.

(b)  Duties and composition of the Visiting Team are outlined in the "Certification Guidelines Manual".

(c)  Visits will normally be one day in duration, but for planning purposes, each application and self‑evaluation report will be examined to estimate the length of the visit.

(d)  Team activities during the visit will include the following:

(1)           review of the goals and objectives of the program;

(2)           preliminary, interim, and closing conferences with the program administrator;

(3)           conferences with faculty groups, individual faculty members, and support personnel;

(4)           conferences with administrative officers of the institution;

(5)           discussions with criminal justice officials served by the program;

(6)           conferences with students and graduates, if possible;

(7)           visits to appropriate school facilities and resources;

(8)           review of appropriate records; and

(9)           upon completion of the visit, the team will conduct an exit interview with appropriate institutional representatives.

(e)  On‑site arrangements will be conducted in the following manner:

(1)           The institution will provide those documents, reports, and other material requested by the Program Evaluation Committee prior to the site visitation.

(2)           The institution will provide lodging, meals, and transportation for the Program Evaluation Committee.

(3)           The institution will make arrangements for a convenient office or conference room, as well as secretarial and other support services.

 

History Note:        Authority G.S. 17C‑6(b)(10);

Eff. January 1, 1985.

 

 

 

12 NCAC 09B .0606          APPLICATION PROCEDURES

(a)  The chief academic officer of an institution will direct a letter to the Commission indicating an intent to seek certification.

(b)  The Commission shall furnish the institution with an application form and a copy of the relevant procedures.

(c)  The filing of an application seeking certification does not assume eventual certified status, nor should there be an implication that an official form of recognition or approval has been granted.

Note:  An institution may publish the following statement:

"(NAME OF INSTITUTION)____________________________________

has applied for certification to the North Carolina Criminal Justice Education and Training Standards Commission Program Evaluation Committee.  At this time, certification has not been granted."

(d)  Upon receipt of the application, the Program Evaluation Committee shall furnish the institution with a copy of the self‑evaluation report forms.

(e)  The institution shall conduct its self‑study in accordance with the self‑evaluation report forms.  Three procedural options exist for conducting the self‑study:

(1)           An institution may choose to utilize, in conjunction with the self‑evaluation report forms, materials from recent Southern Association of Colleges and Universities accreditation efforts.  The Program Evaluation Committee will take into account the age of these materials in its decision‑making.  Following submission of these materials, site visitations may be conducted.

(2)           Alternatively, anticipating an upcoming accreditation by the Southern Association of Colleges and Universities, an institution may conduct the self‑study and submit it requesting tentative certification.  If the Program Evaluation Committee determines the self‑study appears to meet certification criteria, the institution will be granted tentative certification.

(3)           Alternatively, the entire process may be independent of the Southern Association of Colleges and Universities.  The institution conducts its self‑study, submits the document and a site visit is conducted.

(f)  The Program Evaluation Committee will review submitted materials for completeness and prima facie evidence of eligibility.  If prima facie evidence of eligibility exists, the Program Evaluation Committee may direct the appointment of a visiting team and shall notify the institution.  In the event that the Program Evaluation Committee determines a lack of prima facie evidence for eligibility, the institution shall be notified in writing by certified mail with return receipt requested.

(g)  Site visitation may be conducted if prima facie evidence of eligibility exists.  The site visit may be foregone when evidence clearly supports certification.

(h)  An institution shall be notified in writing of the date its certification application is being considered by the Program Evaluation Committee and shall have the right to representation for the purpose of answering questions or clarifying issues under consideration.

(i)  The Program Evaluation Committee will render a decision regarding certification at its next regularly scheduled meeting.  An institution will be notified of such a decision within thirty days by certified mail with return receipt requested.

(j)  In light of the program's announced objectives and standards and the report of the visiting team, the Program Evaluation Committee may recommend to the Education and Training Committee of the commission any of the following actions:

(1)           certify or re‑certify with or without stipulations to include probation;

(2)           defer action subject to conditions; or

(3)           deny or revoke certification.

(k)  In the case of disapproval an institution may appeal in accordance with the appeal procedures outlined in Rule .0608 of this Section.  If no appeal is received, or if the appeal is denied, appropriate recommendations are forwarded to the Commission.

(l)  The Education and Training Committee shall determine whether or not to recommend certification to the Commission based upon the report of the Program Evaluation Committee.  An institution may appeal the Education and Training Committee's decision under the provisions of North Carolina General Statute 150B.

(m)  When certification is awarded, the Commission shall notify the institution, program, and the public as follows:

(1)           As soon as possible, the chairman of the Commission shall send a formal letter and certificate to the institution's chief executive officer, enclosing a copy of the Commission's decision.

(2)           Data in the self‑evaluation report, the team report, and the supplementary reports are confidential and are not shared with the members of the North Carolina Criminal Justice Association, the press, or the public, except as may be required by government regulations.  If data are used for statistical purposes, individual programs and schools shall not be identified with any particular data.

 

History Note:        Authority G.S. 17C‑6(b)(10);

Eff. January 1, 1985;

Amended Eff. July 1, 1988; September 1, 1987; May 1, 1986.

 

 

 

12 NCAC 09B .0607          PROCEDURAL CONSIDERATIONS

(a)  Candidate Status:

(1)           An institution will be eligible to remain in Candidate Status for no more than four years after the date that the application is received.

(2)           If at any time during the four‑year period it is considered that the institution is not making reasonable progress toward meeting criteria for approval, the Program Evaluation Committee will withdraw Candidate Status and notify the institution in writing.  The notification will set forth the reasons for the Program Evaluation Committee's withdrawal of status, and give notice of procedures for appeal.

(b)  Certified Status:

(1)           Programs in this status will be re‑certified at such time as the institution is scheduled for reaccreditation by the Southern Association of Colleges and Universities, or at the end of a ten year period, at the discretion of the institution.

(2)           The Commission reserves the right to withdraw certification or to place an institution on probationary status at such time as evidence is brought to the Commission's attention indicating substantial failure to meet or maintain criteria for certification.  The program shall remain in this status until certification is restored or revoked by the Commission.  An institution will be given a reasonable period of time to rectify the problem.  This period of time shall not exceed two years.

(3)           The Commission should be informed of significant program changes.  Where the changes alter the nature and scope of the program, or appear to the Commission to be detrimental, the Commission may require a reevaluation of the program.

 

History Note:        Authority G.S. 17C‑6(b)(10);

Eff. January 1, 1985.

 

 

 

12 NCAC 09B .0608          APPEAL PROCEDURES

(a)  If the Program Evaluation Committee renders an adverse decision other than deferral of action, the institution shall have the right to appeal as outlined in this Section.  If the institution wishes to contest a deferral decision, it may bring such complaint before the Program Evaluation Committee and request notification of its decision.  The institution may then appeal as outlined in Paragraphs (b) and (c) of this Rule.

(b)  If the institution does not appeal the decision of the Program Evaluation Committee with regard to certification, it may reapply for certification after one year from the denial of certification.

(c)  If the institution wishes to appeal the recommendation of the Program Evaluation Committee, it may rebut said recommendation before the Education and Training Committee of the commission in the following manner:

(1)           The institution shall notify the chairman of the commission in writing of its desire to rebut the Program Evaluation Committee's decision within ten days of the receipt of notification by the Program Evaluation Committee.

(2)           The chairman of the commission shall forward the request for rebuttal to the Chairman of the Education and Training Committee who shall schedule a Program Evaluation Committee hearing at the earliest possible time for consideration of the appeal.

(3)           Should the institution wish to appeal the decision of the Education and Training Committee, it may do so under the provisions of North Carolina General Statute 150B.

(4)           The Education and Training Committee recommendation and report from the hearing held under North Carolina General Statute 150B shall then be made to the Commission at its next regularly scheduled meeting.

 

History Note:        Authority G.S. 17C‑6(b)(10);

Eff. January 1, 1985;

Amended Eff. September 1, 1987.