SUBCHAPTER 09C ‑ ADMINISTRATION OF CRIMINAL JUSTICE EDUCATION AND TRAINING STANDARDS

 

SECTION .0100 ‑ RESPONSIBILITIES OF CRIMINAL JUSTICE STANDARDS DIVISION

 

12 NCAC 09C .0101          ADMINISTRATION OF PROGRAMS

(a)  The Standards Division shall administer and enforce all programs of the Commission regarding certification and implementation of standards.

(b)  The administrative duties of the Standards Division include:

(1)           preparing and distributing a compilation of the rules in this Chapter, to persons, agencies, and institutions subject thereto;

(2)           creating and distributing forms to aid application for certification and reporting of programs conducted under the rules in this Chapter;

(3)           developing and administering comprehensive examinations to provide a basis for the decision to certify criminal justice officers;

(4)           monitoring and evaluating the activities of persons, agencies, and institutions subject to the rules in this Chapter;

(5)           providing technical assistance to agencies and institutions regarding their substantive and procedural responsibilities under the rules in this Chapter;

(6)           investigating and reporting to the Probable Cause Committee violations of and deviations from the rules in this Chapter by any person, agency, or institution;

(7)           maintaining records of application, qualification, and program reports filed with the Commission under the rules in this Chapter;

(8)           collecting information relevant to the programs of the Commission from persons, agencies, and institutions subject to the rules in this Chapter;

(9)           compiling and maintaining the official records of Commission meetings and acts;

(10)         transmitting notice of Commission actions to all persons, agencies, and institutions affecting by Commission action;

(11)         initiating judicial proceedings at the direction of the Commission to enjoin an offending or non‑complying criminal justice agency from violation of the rules in this Chapter; and

(12)         divulging to authorized requestors information in the personnel and program files of the Commission.

 

History Note:        Authority G.S. 17C‑9;

Eff. January 1, 1981;

Amended Eff. March 1, 2004.

12 NCAC 09C .0102          DEVELOPMENT OF PROGRAMS

The Standards Division shall assist the commission in developing and evaluating programs for the improvement of the criminal justice system by:

(1)           Compiling data, performing research, and developing reports concerning the needs of criminal justice agencies;

(2)           Presenting to the Commission recommendations for the development of new programs and the revision of existing programs;

(3)           Disseminating information about Commission programs to concerned agencies and persons; and

(4)           Collecting comments about Commission programs contributed by agencies and the public.

 

History Note:        Authority G.S. 17C‑9;

Eff. January 1, 1981.

 

 

 

12 NCAC 09C .0103          DIVULGING PERSONNEL INFORMATION

(a)  A department head may request in writing information in the Division's files regarding the suitability or qualifications of a criminal justice officer for employment or retention.

(b)  The Director of the Standards Division shall evaluate the request to determine what, if any, information the Division's files contain which is necessary and essential to the retention or employment of the officer or applicant.

(c)  The Director shall divulge such information in the Division's files as he deems necessary and essential to the retention or employment of the officer or applicant.  Such information shall be provided to the Department head in writing by personal delivery or personally addressed first class mail.

(d)  The Standards Division shall maintain a copy of the letter divulging such information in the personnel file of the subject officer or applicant.

 

History Note:        Authority G.S. 17C‑9;

Eff. January 1, 1981.

 

 

 

 

SECTION .0200 ‑ FORMS

 

12 NCAC 09C .0201          PERSONAL HISTORY STATEMENT

The Personal History Statement, is a questionnaire to be completed by an applicant for employment as a criminal justice officer.  The questions seek information regarding the applicant's work, residential, military, and arrest history; financial condition; and references.

 

History Note:        Authority G.S. 17C‑6; 150B‑11;

Eff. January 1, 1981.

 

 

 

12 NCAC 09C .0202          MEDICAL HISTORY STATEMENT

The Medical History Statement is a questionnaire to be completed by an applicant.  The form seeks to facilitate the applicant's medical examination by listing information pertinent to the applicant's present and past physical condition, injuries, diseases, or operations.

 

History Note:        Authority G.S. 17C‑6; 150B‑11;

Eff. January 1, 1981.

 

 

 

12 NCAC 09C .0203          MEDICAL EXAMINATION REPORT

The Medical examination Report, is a form provided to the examining physician to record the results of the applicant's medical examination.

 

History Note:        Authority G.S. 17C‑6; 150B‑11;

Eff. January 1, 1981.

 

 

 

12 NCAC 09C .0204          QUALIFICATIONS APPRAISAL INTERVIEW

The Qualifications Appraisal Interview, is a form providing the agency's interviewers with a method of recording evaluations of the applicant.  Inquiries relate to appearance, manner and bearing, ability to present ideas, social adaptability, alertness, and judgment.

 

History Note:        Authority G.S. 17C‑6; 150B‑11;

Eff. January 1, 1981.

 

 

 

12 NCAC 09C .0205          REPORT OF APPOINTMENT

The Report of Appointment is used for reporting the appointment of criminal justice officers and indicating the applicant's progress toward completing the requirements for certification.

 

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

Eff. January 1, 1981;

Temporary Amendment Eff. January 1, 2001;

Amended Eff. August 1, 2002.

 

12 NCAC 09C .0206          REQUEST FOR GENERAL CERTIFICATION

 

History Note:        Authority G.S. 17C‑6; 150B‑11;

Eff. January 1, 1981;

Repealed Eff. July 1, 1982.

 

 

 

12 NCAC 09C .0207          APPLICATION FOR AWARD OF PROFESSIONAL CERTIFICATE

The Application For Award of Law Enforcement Certificate, requests information regarding the education, training, and experience qualifying the applicant for various levels of certification under the Law Enforcement Officers' Professional Certificate Program.  The Application For Award of Criminal Justice Certificate, requests information regarding the education, training, and experience qualifying the State Youth Services officer/applicant for various levels of certification under the Criminal Justice Officers' Professional Certificate Program.

 

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

Eff. January 1, 1981;

Amended Eff. August 15, 1981;

Temporary Amendment Eff. January 1, 2001;

Amended Eff. August 1, 2002.

 

12 ncac 09c .0208          REPORT OF SEPARATION

The Report of Separation is used for reporting the date of and reason for the separation of a criminal justice office from the employing agency.

 

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

Eff. January 1, 1981;

Temporary Amendment Eff. January 1, 2001;

Amended Eff. August 1, 2002.

 

12 NCAC 09C .0209          REQUEST FOR SCHOOL ACCREDITATION

The Request for School Accreditation, provides the means for an agency or institution to become certified to conduct criminal justice training and to affiliate with the Criminal Justice Education and Training System. It seeks information on the physical, financial, and staff support provided to the criminal justice school by the agency or institution.

 

History Note:        Authority G.S. 17C‑6; 150B‑11;

Eff. January 1, 1981.

 

 

 

12 NCAC 09C .0210          REQUEST FOR TRAINING COURSE ACCREDITATION

The Request for Training Course Accreditation, is used to obtain accreditation for a school's particular offering of a criminal justice training course.  It requests information regarding the administration of the course, the particular facilities to be used, and the proposed curriculum of the course.

 

History Note:        Authority G.S. 17C‑6; 150B‑11;

Eff. January 1, 1981.

 

 

 

12 NCAC 09C .0211          PRE‑DELIVERY REPORT OF TRAINING COURSE PRESENTATION

The Pre‑delivery Report of Training Course Presentation, is a form on which the School Director notifies the Commission of its intent to present the Basic Law Enforcement Training course.  Information requested includes the number of hours; delivery period; location; anticipated number of trainees; and a topical course schedule including proposed instructional assignments.

 

History Note:        Authority G.S. 17C‑6; 150B‑11;

Eff. January 1, 1981;

Amended Eff. August 1, 2000.

 

12 NCAC 09C .0212          POST‑DELIVERY REPORT OF TRAINING COURSE PRESENTATION

The Post‑Delivery Report of Training Course Presentation, is a form on which the School Director notifies the Commission of the completion of the "Basic Law Enforcement Training " course, together with the achievement and performance level attained by each enrolled trainee.  The information requested includes a roster of all trainees enrolled and their employing agencies, a listing of each instructor used in delivering the training with topics presented, and the trainees' scores on each written, oral or motor‑skill examination administered by the school.  The Student Course Completion form, a part of the Post-Delivery Training Course Report, shall include student name; date of birth; Social Security Number; enrollment status; accredited school identification number; course identification number; student scores in each of the topical areas; and score on the State Comprehensive Examination.

 

History Note:        Authority G.S. 17C‑6; 150B‑21.2;

Eff. January 1, 1981;

Amended Eff. August 1, 2000.

 

12 NCAC 09C .0213          STUDENT COURSE COMPLETION RECORD

The Student Course Completion Record, is a form used to report the satisfactory completion of training in courses other than the "Basic Law Enforcement Training" course.  The Report of Training Course Completion shall include student information, name, date of birth, and Social Security Number; employment information to include department or agency, division where applicable, position name or title, and date of appointment; course information to include course title, location held, course start and end dates, class hours, and total contact hours of instruction.  The form must be signed and dated by the School Director along with the name of the accredited institution.

 

History Note:        Authority G.S. 17C‑6; 150B‑21.2;

Eff. January 1, 1981;

Amended Eff. August 1, 2000.

 

12 NCAC 09C .0214          REQUEST FOR INSTRUCTIONAL CERTIFICATION

The Request for Instructional Certification, is used by persons seeking certification as general instructors or as artisan/practitioner lecturers.  It seeks information regarding personal and professional background as well as documentation of the specific criteria for certification.

 

History Note:        Authority G.S. 17C‑6; 150B‑11;

Eff. January 1, 1981.

 

 

 

12 NCAC 09C .0215          PROFESSIONAL LECTURER CERTIFICATION

The Application for Professional Lecturer Certification is used by persons seeking certification as a lecturer in an accredited criminal justice course.  It requests information regarding the applicant's credentials and the topic areas of expected instruction.

 

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

Eff. January 1, 1981;

Amended Eff. January 1, 1995.

 

 

 

12 NCAC 09C .0216          RECOMMENDATION FOR GENERAL INSTRUCTOR CERTIFICATION

The Recommendation for General Instructor Certification, is completed by a school director or agency head after an instructor has finished the required probationary year.  In the form the official recommends that the instructor receive general instructor certification and certifies that the official has observed and evaluated the instructor to be a teaching professional.

 

History Note:        Authority G.S. 17C‑6; 150B‑11;

Eff. January 1, 1981.

 

 

 

12 NCAC 09C .0217          APPLICATION FOR LAW ENFORCEMENT EMPLOYMENT

The Application for Law Enforcement Employment is a card suitable for use by law enforcement agencies for preliminary screening of new applicants for employment and for documenting the applicant's submission of required documentation.

 

History Note:        Authority G.S. 17C‑6; 150B‑11;

Eff. January 1, 1981.

 

 

 

12 NCAC 09C .0218          FORM ORDER BLANK

The Form Order Blank, is a means by which an agency may order copies of forms described in this Section.

 

History Note:        Authority G.S. 17C‑6; 150B‑11;

Eff. January 1, 1981.

 

 

 

12 NCAC 09C .0219          FD‑258 ‑ FINGERPRINT CARD

FD‑258 is the Federal Bureau of Investigation's form used by the Commission for the collection of fingerprint impressions of applicants for employment as criminal justice officers.

 

History Note:        Authority G.S. 17C‑6; 150B‑11;

Eff. January 1, 1981.

 

 

 

12 NCAC 09C .0220          ACQUISITION OF FORMS

All forms described in this Section may be obtained by forwarding a request by letter or by using the Form Order Blank to the Standards Division at P.O. Drawer 149, Raleigh, North Carolina 27602.

 

History Note:        Authority G.S. 17C‑6; 150B‑11;

Eff. January 1, 1981.

 

 

 

 

SECTION .0300 ‑ CERTIFICATION OF CRIMINAL JUSTICE OFFICERS

 

12 NCAC 09C .0301          CERTIFICATION OF CRIMINAL JUSTICE PERSONNEL

Every person employed or appointed by the State or any political subdivision thereof as a criminal justice officer shall be certified as prescribed by these Rules prior to being administered the oath of office or commencing active service.  The Commission shall certify an officer as either a probationary officer or general officer based on the officer's qualifications and experience.

 

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

Eff. January 1, 1981.

 

 

 

12 NCAC 09C .0302          PROBATIONARY PERIOD

Every criminal justice officer below the level of department head and including officers who transfer laterally into an agency shall satisfactorily complete a probationary period with that agency of not less than 12 months.

 

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

Eff. January 1, 1981.

 

 

 

12 NCAC 09C .0303          PROBATIONARY CERTIFICATION

(a)  Before a prospective criminal justice officer may be administered the oath of office, exercise the power of arrest, or commence active service as an officer, the employing agency shall have in its possession the person's Probationary Certification.

(b)  The Commission shall certify as a probationary officer a person meeting the minimum standards for criminal justice employment when the person's employing agency submits a completed Report of Appointment to the Standards Division.

(1)           The Standards Division shall issue the person's Probationary Certification to the employing agency.

(2)           If an oath is required, the official administering an oath of office to the person shall be presented the person's Probationary Certification prior to the swearing.  The administering official shall sign and date the oath on the Probationary Certification.  The employing agency shall return a copy of the signed Probationary Certification to the Standards Division within 10 days of the administration of the officer's oath.

(3)           If no oath is required, the officer's department head shall endorse the Probationary Certification and enter the date on which the officer's service commenced, returning a copy of the certification to the Standards Division within 10 days of the commencement of the officer's service.

(c)  The officer's Probationary Certification shall remain valid for one year from the date the certification is issued by the Standards Division unless sooner terminated for cause.

(d)  Before a prospective law enforcement officer, except wildlife enforcement officers, can be issued a Probationary Certification, the prospective officer must have successfully completed the required basic training course stipulated in 12 NCAC 9B .0205(b).

(e)  Before a prospective wildlife enforcement officer can be issued a Probationary Certification, the prospective officer must have successfully completed the required basic training course stipulated in 12 NCAC 9B .0228(b).

(f)  An applicant for certification who holds a valid Probationary Certification issued by the North Carolina Sheriffs' Education and Training Standards Commission shall be certified as a probationary law enforcement officer as specified under Paragraphs (b), (c) and (d) of this Rule.

(g)  Where the local governing authority lawfully declares the existence of a public emergency, the department head of the criminal justice agency of the jurisdiction may swear persons as law enforcement officers without first obtaining Probationary Certification for those officers.  The employing agency shall obtain Probationary Certification for such emergency officers not more than 20 days after the administration of their oath of office.

 

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

Eff. January 1, 1981;

Amended Eff. November 1, 1993; March 1, 1992; July 1, 1989; October 1, 1985.

 

 

 

12 NCAC 09C .0304          GENERAL CERTIFICATION

(a)  The Commission shall grant an officer general certification if evidence is received by the Standards Division that an officer has successfully completed the training requirements of 12 NCAC 9B .0400 within the officer's probationary period and that the officer has met all other requirements for general certification.  General certification shall not be granted if the officer's department head submits a written request to the Director of the Standards Division to withhold general certification from the officer.

(b)  The Commission shall honor a valid general certification issued to a deputy sheriff by the North Carolina Sheriffs' Education and Training Standards Commission for the purpose of lateral transfer, as provided for in 12 NCAC 9C .0306, to a law enforcement agency under the jurisdiction of G.S. 17C if evidence is received by the Standards Division that the officer has successfully completed the training requirements as mandated by the Sheriffs' Commission within the officer's probationary period and the officer has successfully completed the training requirements of 12 NCAC 9B .0205 in addition to complying with all other commission requirements for general certification.

(c)  For local confinement personnel in service prior to June 1, 1986, the Commission shall grant General Certification to all local confinement personnel officially appointed and in local confinement facility service or county confinement facility service with any political subdivision of the state on May 31, 1986.  Such personnel shall be exempt from the provisions of Rules .0301, .0302 and .0303 of this Section and from basic training requirements applicable to those certified as probationary officers.  Any personnel wishing to take advantage of the privilege granted by this Paragraph shall apply on or before August 31, 1986 and all General Certification granted after that date shall be as prescribed in Subchapter 9C, Section .0300.

(d)  For local confinement personnel of juvenile detention homes, either state or local, in service prior to January 1, 1990, the Commission shall grant General Certification to all local confinement personnel officially appointed and in juvenile detention homes with any political subdivision of the state on December 31, 1989.  Such personnel shall be exempt from the provisions of Rules .0301, .0302 and .0303 of this Section and from basic training requirements applicable to those certified as probationary officers.  Any personnel wishing to take advantage of the privilege granted by this Paragraph shall apply on or before March 31, 1990 and all General Certifications granted after that date shall be as prescribed in Subchapter 9C, Section .0300.

(e)  General certification is continuous from the date of issuance, so long as:

(1)           The certified officer remains continuously employed or appointed as a criminal justice officer in good standing with an agency and the certification has not been terminated for cause; or

(2)           The certified officer, having separated in good standing from a criminal justice agency, is re‑appointed or re‑employed as a criminal justice officer within one year, and the certification has not been terminated for cause; and

(3)           The certified officer meets the in‑service training requirements as prescribed in 12 NCAC 9E during each full calendar year of certification.

 

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

Eff. January 1, 1981;

Amended Eff. August 1, 1998; March 1, 1990; July 1, 1989; June 1, 1986; April 1, 1985.

 

12 NCAC 09C .0305          REPORT OF SEPARATION

An agency separating a person from employment or appointment as a criminal justice officer shall, not later than 10 days after separation, forward to the Commission a properly completed Report of Separation.

 

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

Eff. January 1, 1981.

 

 

 

12 NCAC 09C .0306          LATERAL TRANSFER OF LAW ENFORCEMENT OFFICERS

(a)  A law enforcement officer with general certification from either the Criminal Justice Education and Training Standards Commission or the Sheriffs' Education and Training Standards Commission may transfer from one law enforcement agency to another law enforcement agency with less than a 12 month break in law enforcement service.  Prior to employing the officer, the employing agency shall:

(1)           verify the certification of the officer with the Criminal Justice Standards Division or the Sheriffs' Standards Division.

(2)           submit a new fingerprint check to the North Carolina State Bureau of Investigation, in compliance with the requirements set forth in 12 NCAC 09B .0103(a) and (b), in the same manner as prescribed for non-certified new applicants.  No certification shall be transferred if the holder has been convicted since initial certification of any offense for which revocation or suspension of certification is authorized.

(3)           advise the officer that he will be serving under a probationary appointment with the agency for one year.

(4)           notify the Commission, by submitting a Report of Appointment, that the officer is being employed and stating the date on which employment will commence.

(b)  Prior to transfer of certification, the law enforcement officer shall:

(1)           complete a Medical History Statement Form within one year prior to the transfer to the employing agency;

(2)           submit to examination by a physician licensed to practice medicine in North Carolina in the same manner prescribed for non-certified new applicants in 12 NCAC 09B .0104 within one year prior to the transfer to the employing agency;

(3)           submit results of the physical examination to the employing agency for placement in the officer's permanent personnel file;

(4)           produce a negative result on a drug screen administered according to the specifications outlined in 12 NCAC 09B .0101(5); and

(5)           either:

(A)          submit a copy of the Commission's annual in-service training report form to the employing agency for placement in the officer's permanent personnel file when the duty and off duty weapon(s) remain the same as those previously used to qualify.  Such in-service training compliance must have occurred within the 12 month period preceding transfer; or

(B)          satisfactorily complete the employing agency's in-service firearms training program as prescribed in 12 NCAC 09E .0105 and .0106.

(c)  Officers previously certified who were not previously required to meet the educational or basic training requirements are not required to meet such requirements when laterally transferring to another agency with less than a 12-month break in law enforcement service.

 

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

Eff. January 1, 1981;

Amended Eff. May 1, 2009; July 1, 1990; March 1, 1990; July 1, 1989; July 1, 1982.

 

12 NCAC 09C .0307          AGENCY RETENTION OF RECORDS OF CERTIFICATION

Each agency shall place in personnel files the official notification from the Commission of either probationary or general certification for each criminal justice officer employed or appointed by the agency.  Such files shall be available for examination at any reasonable time by representatives of the Commission for the purpose of verifying compliance with these Rules.  The personnel files shall also contain:

(1)           the officer's Personal History Statement;

(2)           the officer's Medical History Statement and Medical Examination Report;

(3)           documentation of the officer's drug screening results;

(4)           for the criminal justice officer, the Commission's Mandated Background Investigation Form as completed by the agency's investigator; for criminal justice officers employed by the North Carolina Department of Correction, a written summary of the Background Investigation conducted on the officer;

(5)           a written summary of the officer's Qualifications Appraisal Interview;

(6)           documentation of the officer's educational achievements;

(7)           documentation of all criminal justice training completed by the officer;

(8)           the results of the officer's fingerprint record check;

(9)           a written summary of the officer's psychological examination results; and

(10)         for the law enforcement officer, documentation on a commission‑approved form that the officer has completed the minimum in‑service training as required.

 

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

Eff. January 1, 1981;

Amended Eff. August 1, 1998; January 1, 1995; July 1, 1990; July 1, 1989; June 1, 1986.

 

 

 

12 NCAC 09C .0308          SPEED MEASUREMENT INSTRUMENT (SMI) OPERATORS CERTIFICATION PROGRAM

(a)  Every person employed or appointed by the state or any political subdivision thereof as a law enforcement officer who uses a Speed Measuring Instrument for enforcement purposes shall hold certification from the Commission authorizing the officer to operate the speed measuring instrument.

(b)  Standards Division staff shall issue certification in one of the following categories:

(1)           radar operator speed measurement instrument (SMI) certification or re‑certification requiring successful completion of the training program as required in 12 NCAC 09B .0210, .0212, .0213, .0218, .0220, .0221, .0242, .0243, .0244, or .0245;

(2)           time‑distance speed measurement instrument operator certification or re‑certification requiring successful completion of the training program as required in 12 NCAC 09B .0211, .0213, .0214, .0219, .0221,. .0222, .0244, or .0245;

(3)           lidar speed measurement instrument operator certification or re-certification requiring successful completion of the training program as required in 12 NCAC 09B .0237, .0238, .0239, .0240, .0242, .0243, .0244, or .0245.

(c)  Certification in one or more categories reflects operational proficiency in the designated type(s) of approved equipment for which the trainee has been examined and tested.  Such certification is for a three year period from the date of issue and re‑certifications is for a three year period from the date of issue, unless sooner terminated by the Commission.  The applicant shall meet the following requirements for operator certification or re‑certification within 90 days of course completion and upon the presentation of documentary evidence showing that the applicant:

(1)           has successfully completed the training program as required in 12 NCAC 09B .0210, .0211, .0212, .0213, .0214, .0218, .0219, .0220, .0221, .0222, .0237, .0238, .0239, .0240, .0242, .0243, .0244, or .0245;and

(2)           has successfully completed a Commission‑certified basic law enforcement training course as required in 12 NCAC 09B .0400 and is currently certified in a probationary status or holds general law enforcement certification; or

(3)           if the applicant is a sheriff, deputy sheriff, or other sworn appointee with arrest authority governed by the provisions of G.S. 17E has met and is in compliance with the employment and training standards as established and made effective for such position by the North Carolina Sheriffs' Education and Training Standards Commission.

(d)  Certified operators shall be notified by the Commission not less than 90 days prior to expiration of certification.  All applicants for re‑certification shall successfully complete a Commission‑approved re‑certification course within 12 months from the expiration of the previous certification.  If re‑certification is not obtained within the 12 month period, successful completion of the appropriate operator training programs as required by 12 NCAC 09B .0409(a) shall be required to obtain operator certification.  This prescribed 12 month period shall not extend the operator certification period beyond its specified expiration date. When a re‑certification course is successfully completed prior to the expiration of the previous certification, the new certification shall be issued by the Criminal Justice Standards Division effective upon the receipt of the Post-Delivery Report of Training Course Presentation.

(e)  Operator re‑certification shall be issued only to officers with current law enforcement certification.

(f)  All certifications issued pursuant to this Rule and the standards in effect between November 1, 1981 and July 1, 1982 shall continue with full force and effect; however, said certifications are subject to the provisions of 12 NCAC 09C .0308(d) and (e).

 

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

Eff. November 1, 1981;

Readopted w/change Eff. July 1, 1982;

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

Amended Eff. November 1, 2007; February 1, 2006; May 1, 2004; April 1, 1999; November 1, 1993; March 1, 1992; February 1, 1991; December 1, 1987.

 

12 NCAC 09C .0309          LATERAL TRANSFER OF LOCAL CONFINEMENT PERSONNEL

(a)  An officer, supervisor or administrator with general certification may transfer from one local confinement facility to another local confinement facility, or may transfer from one county confinement facility to another county confinement facility with less than a 12‑month break in service.  Prior to employing the individual, the employing agency shall:

(1)           verify the certification of the individual with the Standards Division;

(2)           submit an up‑to‑date fingerprint check in the same manner as prescribed for non‑certified new applicants; no certification will be transferred if the holder has been convicted since initial certification of any offense for which revocation or suspension or certification is authorized;

(3)           advise the individual that he will be serving under a probationary appointment with the agency for one year;

(4)           notify the Commission, by submitting a Report of Appointment, that the individual is being employed and stating the date on which employment will commence.

(b)  Prior to transfer of certification, local confinement personnel shall:

(1)           complete a Medical History Statement Form within one year prior to the transfer to the employing agency;

(2)           submit to examination by a physician licensed to practice medicine in North Carolina in the same manner prescribed for non‑certified new applicants in 12 NCAC 9B .0104 within one year prior to the transfer to the employing agency;

(3)           submit results of the physical examination to the employing agency for placement in the individual's permanent personnel file; and

(4)           produce a negative result on a drug screen administered according to the specifications outlined in 12 NCAC 9B .0101(5).

(c)  Local confinement personnel previously certified who were not previously required to meet the educational or basic training requirements are not required to meet such requirements when laterally transferring to another agency with less than a 12‑month break in service.

 

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

Eff. June 1, 1986;

Amended Eff. August 1, 1998; July 1, 1990; March 1, 1990.

 

 

 

12 NCAC 09C .0310          AGENCY REPORTING OF DRUG SCREENING RESULTS

(a)  Each agency shall report in writing to the Criminal Justice Standards Division all refusals and all positive results of required drug screening obtained from applicants and lateral transfers unless the positive result has been explained to the satisfaction of the agency's medical review officer who shall be a licensed physician.

(b)  Each agency, if it conducts a drug screen for in-service officers, shall report in writing positive results or refusals to submit to an in-service drug screening to the Criminal Justice Standards Division within 30 days of the positive result or refusal unless the positive result has been explained to the satisfaction of the agency's medical review officer to the extent the drug screen conducted conforms to the specifications of 12 NCAC 09B .0101(5)(a), (b), (c), (d), and (f).

(c)  For reporting purposes, a result is considered "positive" only in those cases where the drug screen reveals the presence of an illegal drug at a level equal to or greater than the threshold value as established by the Department of Health and Human Services for Federal Workplace Drug Testing Programs and incorporated by reference in 12 NCAC 09B .0101(5)(d).

(d)  All written reports required to be submitted to the Criminal Justice Standards Division by this Rule shall contain the individual's name, date of birth and either the date the test was administered or the date of the refusal.

 

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

Eff. July 1, 1990;

Amended Eff. May 1, 2009.

 

SECTION .0400 ‑ ACCREDITATION OF CRIMINAL JUSTICE SCHOOLS AND TRAINING COURSES

 

12 NCAC 09C .0401          certification OF CRIMINAL JUSTICE SCHOOLS

(a)  The Commission shall establish a standing subcommittee, called the Certification Committee, of the Education and Training Committee for the purposes of evaluating Request for School Certification applications and making recommendations to the Education and Training committee on the granting of certification to institutions and agencies.  The Certification Committee shall be comprised of two members appointed by the School Directors' Advisory Committee and two members who shall be Commission members to include the North Carolina Department of Community Colleges' representative to the Commission.  The Chairman of the Commission shall appoint the Chairman of the Certification Committee.

(b)  Any school requesting certification meeting the minimum requirements contained in 12 NCAC 09B .0200 must submit a completed Request for School Certification application.  Upon receipt of a completed Request for School Certification application:

(1)           The Standards Division staff shall review the application for any omissions and clarifications and conduct a site visit to tour facilities, confirm information on the application, and determine if and where deficiencies exist;

(2)           The Standards Division Staff shall contact the applying institution or agency concerning deficiencies and shall provide assistance on correcting problem areas;

(3)           The Standards Division staff shall make a recommendation to the Certification Committee when the accredited institution has satisfied the requirements outlined in 12 NCAC 09B .0200;

(4)           The Standards Division staff shall submit the application and staff reports to the Certification Committee for review;

(5)           The Certification Committee shall then submit a recommendation to the Education and Training Committee on the approval or denial of the application; and

(6)           The Education and Training Committee shall recommend to the full Commission at its next regularly scheduled meeting the approval or denial of certification for the applicant institution or agency.

(c)  Certification of a school shall remain effective for five years from issuance unless earlier suspended or revoked for failure to maintain compliance with the requirements outlined in 12 NCAC 09B .0200, Minimum Standards for Criminal Justice Schools and Criminal Justice Training Programs or Courses of Instruction.

(d)  The identity of those schools certified under this Rule shall be published and distributed annually by the Standards Division together with the name and business address of the school director and the schedule of criminal justice training courses planned for delivery during the succeeding year.

(e)  A school may apply for recertification to the Commission by submitting a completed Request for School Certification application.  The application for recertification shall contain information on changes in facilities, equipment, and staffing. Upon receipt of a completed application:

(1)           The Standards Division staff shall review the application for any omissions and clarification;

(2)           The Standards Division staff shall attach copies of the reports of site visits conducted during the last period of certification to the application;

(3)           The Standards Division staff shall submit the application and staff reports to the Certification Committee for Review;

(4)           The Certification Committee shall submit a recommendation to the Education and Training Committee on the approval or denial of the application; and

(5)           The Education and Training Committee shall recommend to the full Commission at its next regularly scheduled meeting the approval or denial of certification of the applicant institution or agency.

(f)  In instances where certified schools have been found to be in compliance with 12 NCAC 09B .0200 through favorable site visit reports, Standards Division staff shall recertify on behalf of the Commission.  Such action shall be reported to the Commission through the Certification Committee and the Education and Training Committee at its next scheduled meeting.

(g)  The Commission may suspend or revoke a school's certification when it finds that the school has failed to meet or continuously maintain any requirement, standard, or procedure for school or course certification.

(h)  The certification of a school whose certification is scheduled to expire in calendar year 2006 and who has submitted a request for recertification is extended for a maximum of two years under the following conditions:

(1)           certification has not expired;

(2)           the school has submitted a request for recertification along with the required documentation by December 31, 2006;

(3)           the Standards Division staff is unable to complete the recertification process by December 31, 2006; and

(4)           the school is not denied recertification prior to the expiration of the current certification. Certification or certification extension according to this Paragraph expires when recertification is denied or revoked or the Standards Division staff is able to complete the recertification process and it is determined that the school is in compliance with the Rules for recertification. If the school recertification is denied or revoked, the school must not deliver Commission certified criminal justice courses until such recertification has been granted or reinstated by the Commission.

 

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

Eff. January 1, 1981;

Amended Eff. August 1, 2004, January 1, 1996;

Temporary Amendment Eff. January 1, 2007;

Temporary Amendment Expired October 13, 2007;

Amended Eff. April 1, 2008.

 

12 NCAC 09C .0402          ACCREDITATION OF TRAINING COURSES

(a)  An accredited criminal justice school shall apply for accreditation for each of its courses by submitting a completed Request for Training Course Accreditation.

(b)  One of two types of accreditation may be sought by the school, depending upon the nature of the course for which accreditation is sought.

(1)           Temporary accreditation shall apply to courses being offered by an accredited school on a one‑time or infrequent basis and will remain effective for the duration of the specified course offering, not in excess of one year.

(2)           Continuing accreditation shall apply to courses offered on a regular or continuous basis by an accredited school and will remain effective until surrendered, revoked, or the school's accreditation expires or is suspended or revoked.

(c)  The Commission may suspend or revoke the accreditation of a course when it finds that the school has failed to meet or to continuously maintain any requirement, standard, or procedure for course accreditation.

 

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

Eff. January 1, 1981.

 

 

 

12 NCAC 09C .0403          REPORTS OF TRAINING COURSE PRESENTATION AND COMPLETION

(a)  Each presentation of the "Basic Law Enforcement Training" course shall be reported to the Commission as follows:

(1)           After acquiring accreditation for the course and before commencing each delivery of the course, the school director shall notify the Commission of the school's intent to offer the training course by submitting a Pre‑delivery Report of Training Course Presentation; and

(2)           Upon completing delivery of the accredited course, and not more than 10 days after receiving from the Commission's representative the Report of Examination Scores, the school director shall notify the Commission regarding the progress and achievement of each enrolled trainee by submitting a Post‑delivery Report of Training Course Presentation.

Note:  Special arrangements shall be made between the Standards Division and the school director for the reporting of law enforcement achievement in a Public Safety Officer course.

(b)  Upon successful completion of a Commission-accredited training course by state youth services trainees, the director of the school conducting such course shall notify the Commission of the satisfactory achievement of trainees by submitting a monthly Report of Training Course Completion.

 

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

Eff. January 1, 1981;

Amended Eff. August 1, 2002; August 1, 2000; December 1, 1987.

 

12 NCAC 09C .0404          PILOT COURSE PRESENTATION/PARTICIPATION

(a)  Consistent with the curriculum development policy of the Commission, the Education and Training Committee shall recommend to the commission the delivery system and the developer of course curricula.  Designation of the developer of course curricula by the Commission shall be deemed as approval of the developer to conduct pilot courses.

(b)  Individuals who successfully complete a pilot course offering shall not be required by other rules of this Chapter to complete additional training for that specific certification program.  Such pilot training courses shall be recognized for purposes of certification or recertification.

 

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

Eff. February 1, 1987.

 

 

 

 

SECTION .0500 ‑ MINIMUM STANDARDS FOR ACCREDITATION OF ASSOCIATE OF       APPLIED SCIENCE DEGREE PROGRAMS INCORPORATING BASIC LAW ENFORCEMENT

 

TRAINING

 

 

12 NCAC 09C .0501          PURPOSE AND REQUIREMENTS OF ACCREDITATION

12 NCAC 09C .0502          DELIVERY OF PROGRAMS

12 NCAC 09C .0503          STUDENTS

12 NCAC 09C .0504          INSTRUCTORS

12 NCAC 09C .0505          POST‑DELIVERY TRAINING COURSE REPORT

 

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

Eff. August 15, 1981;

Amended Eff. April 1, 1984;

Repealed Eff. July 1, 1989.

 

 

 

 

SECTION .0600 ‑ EQUIPMENT AND PROCEDURES

 

12 NCAC 09C .0601          APPROVED SPEED‑MEASURING INSTRUMENTS

The following procedures shall be adhered to for approval of speed-measuring instruments:

(1)           Prior to the inclusion as an approved speed-measuring instrument, the manufacturer of said instrument shall certify in writing to the Criminal Justice Standards Division that said instrument meets or exceeds the applicable standards set out in the "Model Performance Specifications for Police Traffic Radar Devices" as published by the National Highway Traffic Safety Administration, United States Department of Transportation (as in effect July 1, 1982) which 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.  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 no cost from the National Highway Traffic Safety Administration at the following address:

National Highway Traffic Safety Administration

400 Seventh Street, SW

Washington, DC  20590

The manufacturer shall provide evidence that the instrument meets or exceeds the applicable standards published by the National Highway Traffic Safety Administration, United States Department of Transportation.

(2)           All speed-measuring instruments shall be evaluated by representatives from the North Carolina Criminal Justice Education and Training Standards Commission and the North Carolina Department of Crime Control and Public Safety.  A summary of the findings shall be submitted in writing to the Criminal Justice Standards Division's Speed Measurement Instrument Program Administrator.

(3)           A current list of all approved speed-measuring instruments shall be included in Appendix "A" of the Supplement for Speed Measurement Instrument Training Courses published by the North Carolina Justice Academy.

(4)           The "Speed-Measurement Instrument Operator Training Course Manuals" as published by the North Carolina Justice Academy shall be applied as the basic curriculum for the speed-measuring instrument operator training courses for speed-measuring instrument operators as administered by the North Carolina Criminal Justice Education and Training Standards Commission.  Copies of these publications 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. November 1, 2007; May 1, 2004; November 1, 1998; August 1, 1998; August 1, 1995; January 1, 1995; November 1, 1993; February 1, 1991.

 

12 NCAC 09C .0602          TESTING: ACCURACY

 

 

12 NCAC 09C .0603          TESTING: RADIO MICROWAVE (RADAR)

12 NCAC 09C .0604          TESTING: TIME‑DISTANCE

12 NCAC 09C .0605          OPERATING PROCEDURES

12 NCAC 09C .0606          CONCURRENT RESPONSIBILITY AND APPROVAL

 

History Note:        Authority G.S. 8‑50.2; 17C‑6;

Eff. November 1, 1981;

12 NCAC 9C .0602 and .0606 Readopted Eff. July 1, 1982;

12 NCAC 9C .0603, .0604, .0605 Readopted w/change Eff. July 1, 1982;

Amended Eff. January 1, 1995; November 1, 1993; February 1, 1991; July 1, 1989;

December 1, 1987;

January 1, 1983;

Repealed Eff. August 1, 1998.

 

 

 

12 NCAC 09C .0607          SPEED-MEASURING INSTRUMENT ACCURACY TEST

The purpose of this Rule is to establish the minimum requirements and test methods for determining the accuracy of speed-measuring instruments used by law enforcement agencies to measure the speed of vehicles for enforcement of speed laws and regulations.  All requirements and tests shall conform with G.S. 8-50.2 and G.S. 17C-6.

(1)           Accuracy test standard:

(a)           Annual tests of all speed-measuring instruments shall be in conformance with G.S. 8-50.2(c). The results of these tests shall be recorded on forms provided by the Commission.

(b)           Daily tests of all speed-measuring instruments shall be in conformance with G.S. 8-50.2(b)(4) and G.S. 17C-6(13).

(2)           Accuracy requirements and test methods:

(a)           Annual:

The annual tests for accuracy requirements for each specific Radar, Time-Distance, and Lidar speed-measuring instrument, as outlined in Appendix "B" of the Supplement for Speed Measurement Instrument Training Courses published by the North Carolina Justice Academy, 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.  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 a cost of seven dollars and twelve cents ($7.12) from the Academy at the following address:

North Carolina Justice Academy

Post Office Box 99

Salemburg, North Carolina 28385

(b)           Daily:

The daily tests for accuracy requirements for each specific Radar, Time-Distance, and Lidar speed-measuring instrument, as outlined in Appendix "C" of the Supplement for Speed Measurement Instrument Training Courses published by the North Carolina Justice Academy, 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.  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 a cost of seven dollars and twelve cents ($7.12) from the Academy at the following address:

North Carolina Justice Academy

Post Office Box 99

Salemburg, North Carolina 28385

 

History Note:        Authority G.S. 8-50.2; 17C-6;

Eff. August 1, 1998;

Amended Eff: May 1, 2004.

 

12 NCAC 09C .0608          SPEED-MEASURING INSTRUMENT OPERATING PROCEDURES

The purpose of this Rule is to establish the requirements for operating speed-measuring instruments used by law enforcement officers to measure the speed of vehicles for enforcement of speed laws and regulations.  All operating procedures shall conform with G.S. 8-50.2.  The operating procedures for each specific Radar, Time-Distance, and Lidar speed-measuring instrument, as outlined in Appendix "C" of the Supplement for Speed Measurement Instrument Training Courses published by the North Carolina Justice Academy, 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.  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. 8-50.2; 17C-6;

Eff. August 1, 1998;

Amended Eff: November 1, 2007; May 1, 2004.