12 NCAC 09E .0104          INSTRUCTORS: ANNUAL IN-SERVICE TRAINING

The following requirements and responsibilities are hereby established for instructors who conduct the law enforcement officers' annual in-service training program:

(1)           The instructor shall hold Instructor Certification issued by the Commission as outlined in 12 NCAC 09B .0302, 09B .0304, and 09B .0306, except for instructors who exclusively deliver:

(a)           CPR certifications that include cognitive and skills testing;

(b)           use of equipment training conducted by a manufacturer, manufacturer's representative or a service provider and documented through a certificate of completion; or

(c)           Incident Command System training for NIMS (National Incident Management System) compliance who are certified through FEMA (Federal Emergency Management Agency) as Incident Command Instructors.

(2)           Each instructor certified by the Commission to teach in a Commission-accredited basic training, Speed Measuring Instrument Operator or Instructor training, Instructor or Specialized Instructor training, or Commission-approved in-service training course shall complete all instructor training required by this Chapter.

(3)           Instructors who teach a required in-service training topic, other than a topic taught pursuant to Paragraph (1) of this Rule shall achieve a passing grade on a topic specific test developed by the North Carolina Justice Academy or by the agency delivering the training before delivering the topic of instruction.

(4)           Instructors who teach a required in-service training topic online shall also complete the in-service training for the topic he or she will be teaching before delivering the topic of instruction.

(5)           Instructors who teach an in-service training topic in a traditional classroom format will receive credit toward their own in-service training requirements, provided that they pass all required tests, as outlined in this section, and have their instruction documented by the Agency Head or In-Service Training Coordinator once completed.

(6)           The instructor shall deliver the training consistent with the specifications established in Rule .0106 of this Section.

(7)           The instructor shall report the successful or unsuccessful completion of training for each officer to the Agency Head.

(8)           When the officer fails to qualify with a weapon, the instructor shall inform the officer of the failure to qualify. The instructor shall then provide the officer with Firearms Qualification Record Form F-9A which the officer is required to sign. This form shall instruct the officer not to use the weapon and shall require the officer to notify the Agency Head or designated representative within 24 hours of the qualification failure. Additionally, the instructor shall provide this form to the Agency Head or designated representative within 72 hours of the qualification failure. The Form F-9A Firearms Qualification Record shall contain the following:

(a)           officer's name and appointing agency;

(b)           instructor's name and signature;

(c)           date the classroom section was completed;

(d)           officer's acknowledgment of qualification scores; and

(e)           firearms score sheet.

All Commission forms are available for download on the Criminal Justice Standards Division website: https://ncdoj.gov/law-enforcement-training/criminal-justice/forms-and-publications/.

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

Eff. July 1, 1989;

Amended Eff. July 1, 2016; May 1, 2014; February 1, 2013; April 1, 2008; January 1, 2006; January 1, 2005;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019;

Amended Eff. May 1, 2025, July 1, 2020.