CHAPTER 16 - PRIVATE PROTECTIVE SERVICES BOARD

 

SECTION .0100 ‑ ORGANIZATION AND GENERAL PROVISIONS

 

14B NCAC 16 .0101          PURPOSE

The Private Protective Services Board is established within the North Carolina Department of Public Safety for the purpose of administering the licensing of and setting the education and training requirements for persons, firms, associations and corporations engaged in the private protective services businesses within this State.

 

History Note:        Authority G.S. 74C‑4;

Eff. June 1, 1984;

Transferred and Recodified from 12 NCAC 07D .0101 Eff. July 1, 2015;

Amended Eff. October 1, 2015.

 

14B NCAC 16 .0102          LOCATION

The administrative offices of the Private Protective Services Board are located at 4901 Glenwood Avenue, Suite 200, Raleigh, North Carolina 27612, telephone (919) 788-5320.

 

History Note:        Authority G.S. 74C-4; 74C-5;

Eff. June 1, 1984;

Amended Eff. July 1, 2012; March 1, 2001; December 1, 1993; December 1, 1987;

Transferred and Recodified from 12 NCAC 07D .0102 Eff. July 1, 2015.

 

14B NCAC 16 .0103          DEFINITIONS

In addition to the definitions set forth in G.S. 74C, the following definitions shall apply throughout this Subchapter:

(1)           "Agency Head" means the Chairman of the Board.

(2)           "Applicant" means any person, firm or corporation applying to the Board for a license, trainee permit, registration or firearms trainer certificate.

(3)           "Armed Private Security Officer" means an individual employed, full time or part time, by a contract security company or a proprietary security organization:

(a)           who at any time wears, carries, or possesses a firearm in the performance of his duties; and

(b)           whose principal duty is that of:

(i)            an armed security guard, officer, patrol, or watchman;

(ii)           an armed armored car service guard;

(iii)          a private detective; or

(iv)          an armed courier service guard.

(4)           "Board" means the Private Protective Services Board established by G.S. 74C.

(5)           "Branch Manager or Operator" means the individual endowed with the responsibility and liability for a branch office.

(6)           "Branch Office" means a separate but dependent part of a central organization engaged in the business of providing private protective services established for the purpose of extending the activities of the central organization.  The establishment of a telephone number or mailing address in the company name constitutes prima facie evidence of a branch office.  If an out-of-state person, firm, association, or corporation opens an office in North Carolina, the North Carolina office shall be deemed the principal place of business and shall have a resident licensed qualifying agent.

(7)           "Chairman" means the Chairman of the Private Protective Services Board.

(8)           "Contract Security Company" means any person, firm, association, or corporation engaging in a private protective services business as defined in G.S. 74C-3 that provides said services on a contractual basis for a fee or other valuable consideration to any other person, firm, association, or corporation.

(9)           "Direct Supervision" means personal, face-to-face contact and direction of the trainee's activities on a frequent and reasonable basis.

(10)         "Investigative Capacity" means any law enforcement agency position for which the duties include conducting investigations and interviews, completing reports, and testifying in courts,  administrative hearings or military tribunals.

(11)         "Law Enforcement Officer" means a sworn peace officer who has the power of arrest, and who is an employee of the United States, any state, or any political subdivision of a state.

(12)         "Licensee" means any person licensed to perform private protective services in North Carolina in accordance with G.S. 74C.

(13)         "Proprietary Security Organization" means any person, firm, association, corporation or department thereof:

(a)           that employs any of the following:

(i)            watchmen;

(ii)           security guards or officers;

(iii)          patrol personnel;

(iv)          armored car personnel; or

(v)           couriers; and

(b)           that employs these persons regularly and exclusively as an employee in connection with the business affairs of such employer.

(14)         "Qualifying Agent" means the individual licensee who is responsible for the private protective services business.

(15)         "Restored" means that an individual is no longer in need of psychiatric care as determined by a physician.

(16)         "Temporary unarmed security guard" means an individual who is hired for a period of 30 days or less within a calendar year and who is designated as a temporary security guard at the start of employment.

 

History Note:        Authority G.S. 74C-3; 74C-5;

Eff. June 1, 1984;

Amended Eff. October 1, 2013; August 1, 1998; May 1, 1988; July 1, 1987;

Transferred and Recodified from 12 NCAC 07D .0104 Eff. July 1, 2015.

 

14B NCAC 16 .0104          UNIFORMS AND EQUIPMENT

(a)  No holder of a license, trainee permit, unarmed security guard registration, armed security guard registration, unarmed armored car service guard, armed armored car service guard, or firearms trainer certificate while engaged in private protective services, shall wear or display any badge, insignia, device, shield, patch, or pattern that indicates or tends to indicate that the individual is a sworn law enforcement officer or that contains or includes the word "police" or the equivalent thereof, or is similar in wording to any law enforcement agency in the local area of the licensee's operations.

(b)  No holder, while performing any private security service, shall have or utilize any vehicle or equipment displaying the words "law enforcement officer," "police," or the equivalent thereof, or have any sign, shield, marking, accessory, or insignia that indicates that the vehicle is a vehicle of a law enforcement agency.

(c)  A holder who is required to wear a military style uniform while in the performance of private security services shall have:

(1)           affixed over the left breast pocket of the uniform and on all caps or hats worn by the individual, badges or patches, distinct in design from those used by law enforcement agencies within the local area of the licensee's operations;

(2)           affixed over the right breast pocket of the uniform a metal, plastic, or cloth tag not less than three inches nor more than five inches in length and not less than three-fourths inch nor more than one inch in height containing the words "Security Guard," "Security Officer," "Armored Car Guard," or "Armored Car Officer" in capital letters approximately one-half inch in height; and

(3)           affixed over the "Security Guard," "Security Officer," "Armored Car Guard," or "Armored Car Officer" tag, a metal, plastic, or cloth tag bearing the name of the wearer.  The name tag may be smaller than "Security Guard," "Security Officer," "Armored Car Guard," or "Armored Car Officer" tag if it is displayed in capital letters five-sixteenth inch to one-half inch in height.

(d)  The wearing of the armed or unarmed private protective services card visible on the outermost garment (except foul weather clothing) satisfies the requirements of Subparagraphs (c)(1), (2) and (3) of this Rule.

(e)  All holders who perform the duties of a security guard or security officer and who are not required to wear a military style uniform shall have affixed over the right or left breast pocket of the outermost garment (except for rainwear or other foul weather clothing) a tag as described in (c)(2) of this Rule.

 

History Note:        Authority G.S. 74C-5; 74C-12; 74C-15;

Eff. June 1, 1984;

Amended Eff. January 1, 2015; January 1, 2013; July 1, 1995; July 1, 1987;

Transferred and Recodified from 12 NCAC 07D .0105 Eff. July 1, 2015.

 

14B NCAC 16 .0105          PROHIBITED ACTS

(a)  In addition to the prohibited acts set forth elsewhere in these Rules and in Chapter 74C of the General Statutes, any licensee, trainee, registrant, or firearms trainer who does any of the following may have his or her license, trainee permit, registration, or firearms trainer certificate revoked or suspended:

(1)           Displays or causes or allows to be displayed, or has in his or her possession any cancelled, revoked, suspended, fictitious, fraudulently altered license, trainee permit, registration identification card, or firearms trainer certificate, or any document simulating, purporting to be, or purporting to have been issued as a license, trainee permit, registration identification card, or firearms trainer certificate;

(2)           Lends his or her license, trainee permit, registration identification card, or firearms trainer certificate to any person or allows the use thereof by another;

(3)           Displays or represents any license, trainee permit, registration identification card, or firearms trainer certificate not issued to him as being his or her license, trainee permit, registration identification card, or firearms trainer certificate; or

(4)           Includes in any advertisement a statement which implies official state authorized certification or approval other than this statement: "Licensed by the Private Protective Services Board of the State of North Carolina."  Licensees must include their license number.

(b)  In addition to the prohibited acts set forth elsewhere in these Rules and in Chapter 74C of the General Statutes, it shall be grounds for application denial or license registration suspension or revocation for an applicant, licensee, trainee, registrant or trainer to make any false statement or give any false information to a third party in connection with any criminal history record check provided to the Board.

 

History Note:        Authority G.S. 74C‑5; 74C-8.1; 74C‑12; 74C‑16;

Eff. June 1, 1984;

Amended Eff. May 1, 2014; July 1, 1987;

Transferred and Recodified from 12 NCAC 07D .0106 Eff. July 1, 2015.

 

14B NCAC 16 .0106          DISCIPLINARY ACTIONS

(a)  The Board may deny a license, trainee permit, registration or firearms trainer certificate for any violation of G.S. Chapter 74C or this Chapter.  The Board may suspend or revoke a license, trainee permit, registration or firearms trainer certificate for any violation of G.S. Chapter 74C or this Chapter, provided that the violation occurred within three years of the initiation of the Board investigation of such violation.

(b)  The Board may issue a written reprimand to a holder of a license, trainee permit, registration identification card or firearms trainee certificate when the Board determines:

(1)           the holder has violated any of the provision of this Chapter or G.S. Chapter 74C that were applicable to the holder;

(2)           the violation did not result in the physical injury of or property loss to any person; and

(3)           the holder expresses an intention to correct or already has corrected the improper activity.

 

History Note:        Authority G.S. 74C-5; 74C-8;

Eff. June 1, 1984;

Amended Eff. July 1, 2012;

Transferred and Recodified from 12 NCAC 07D .0107 Eff. July 1, 2015.

 

14B NCAC 16 .0107          LAW ENFORCEMENT OFFICERS SPECIAL PROVISIONS

(a)  Law enforcement officers may provide security guard and patrol services on an individual employer‑employee basis to any person, firm, association or corporation which is not engaged in a contract security guard and patrol business.

(b)  Law enforcement officers, while off‑duty, may be employed by a licensed security guard and patrol business provided such officer is registered with the Board.

(c)  A law enforcement officer employed by a proprietary security organization at times when the officer is not scheduled for work with the employing law enforcement agency shall not be considered as being employed regularly and exclusively as an employee in connection with the business affairs of such employer.

(d)  The provisions of this Rule are in addition to those requirements of G.S. Chapter 74C‑16(d).

 

History Note:        Authority G.S. 74C‑3; 74C‑5; 74C‑16;

Eff. June 1, 1984;

Amended Eff. December 1, 1985;

Transferred and Recodified from 12 NCAC 07D .0108 Eff. July 1, 2015.

 

14B NCAC 16 .0108          RECORDS

(a)  All records pertinent to an audit or an investigation required to be maintained by G.S. 74C or this Chapter shall be subject to inspection by the administrator or his staff upon demand between 8:00 a.m. - 5:00 p.m. Monday through Friday.

(b)  All licensees having registered employees shall submit a copy of their quarterly Employment Security Commission form NCUI 101-625 to the administrator's office at the same time the form is submitted to the Employment Security Commission.  The Board may request, and the licensee shall provide within 10 days of the request, the businesses' Employment Security Commission account number along with the personal identification number (PIN) so that the Board may access the data electronically.

(c)  All records required to be kept by this Chapter shall be retained for at least three years.

 

History Note:        Authority G.S. 74C-5;

Eff. June 1, 1984;

Amended Eff. February 1, 2010; July 1, 1987;

Transferred and Recodified from 12 NCAC 07D .0109 Eff. July 1, 2015.

 

14B NCAC 16 .0109          RULEMAKING AND ADMINISTRATIVE HEARING PROCEDURES

The Administrative Procedures for rulemaking and hearings, codified as Title 26, Subchapters 2 and 3 of the North Carolina Administrative Code, effective August 1, 1986, are hereby adopted by reference to apply to actions of the Private Protective Services Board.  Pursuant to G.S. 150B‑14(c) this reference shall automatically include any later amendments and editions to Title 26 Subchapters 2 and 3 of the North Carolina Administrative Code.

 

History Note:        Authority G.S. 74C‑5; 74C‑12;

Eff. May 1, 1988;

Transferred and Recodified from 12 NCAC 07D .0111 Eff. July 1, 2015.

 

14B NCAC 16 .0110          REPORTING REQUIREMENTS FOR THE DISCHARGE OF FIREARMS

If a licensee or registrant discharges a firearm while engaged in the private protective services business, the licensee shall notify the Board either in person or by telephone no later than the first business day following the incident.  The licensee shall also file a written report to the Board within five working days of the incident.  In the report, the licensee shall state the name of the individual who discharged the firearm, the type of weapon discharged, the location of the incident, the law enforcement agency investigating the incident, the events leading to the discharge of the firearm, and any bodily injuries occurring from the incident.  This Rule shall not be construed to apply to a weapon that is discharged during a training course that has been approved by the Board.

 

History Note:        Authority G.S. 74C‑5;

Eff. February 1, 1995;

Transferred and Recodified from 12 NCAC 07D .0112 Eff. July 1, 2015.

 

14B NCAC 16 .0111          CHANGE OF ADDRESS OR TELEPHONE NUMBER

All licensees and registrants must inform the Board of their home address, business street address, home telephone number and business telephone number and must inform the Board within 15 days of any changes.

 

History Note:        Authority G.S. 74C‑5;

Eff. April 1, 1995;

Transferred and Recodified from 12 NCAC 07D .0113 Eff. July 1, 2015.

 

14B NCAC 16 .0112          SUSPENSION OF AUTHORITY TO EXPEND FUNDS

In the event that the Board's authority to expend funds is suspended pursuant to G.S. 93B-2(d), the Board shall continue to issue and renew licenses, registrations, and certifications and all fees tendered shall be placed in an escrow account maintained by the Board for this purpose.  Once the Board's authority is restored, the funds shall be moved from the escrow account into the general operating account.

 

History Note:        Authority G.S. 93B-2(d);

Eff. January 1, 2013;

Transferred and Recodified from 12 NCAC 07D .0114 Eff. July 1, 2015.

 

14B NCAC 16 .0113          INVOLVEMENT IN ADMINISTRATIVE HEARING

All licensees, registrants and trainers shall report to the Board any administrative proceeding commenced against him or her that involves any potential revocation or suspension of, or other disciplinary action against, any private protective service license, permit, certification or registration that he or she holds in another state.  The Board must receive written notice of any such administrative proceeding within 30 days of the date the licensee, registrant or trainer is notified of the administrative proceeding.

 

History Note:        Authority G.S. 74C-5; 74C-12;

Eff. October 1, 2013;

Transferred and Recodified from 12 NCAC 07D .0115 Eff. July 1, 2015.

 

14B NCAC 16 .0114          APPLICATION COMPLETION DEADLINE

All necessary photographs, record checks, proof of insurance, explanations, interviews, or requested documents shall be submitted by any applicant for a permit, license, registration, or certificate within 60 days of the Board's receipt of the application form or a request from Board staff, whichever is later.  Any failure to submit required or requested documents to complete the application process within this 60-day period shall void the application and require re-application.

 

History Note:        Authority G.S. 74C-2; 74C-5; 74C-8; 74C-8.1; 74C-12;

Eff. January 1, 2015;

Transferred and Recodified from 12 NCAC 07D .0116 Eff. July 1, 2015.

 

Section .0200 - LICENSES: TRAINEE PERMITS

 

14b NCAC 16 .0201          APPLICATION FOR LICENSES AND TRAINEE PERMITS

(a)  Each applicant for a license or trainee permit shall submit an original and one copy of the application to the Board. The application shall be accompanied by:

(1)           one set of classifiable fingerprints on an applicant fingerprint card;

(2)           one head and shoulders digital photograph of the applicant in JPG format of acceptable quality for identification, taken within six months prior to submission and submitted by e-mail to PPSASL-Photos@ncdoj.gov or by compact disc;

(3)           a certified statement of the results of a criminal history records search by the appropriate governmental authority housing criminal record information or clerk of superior court in each county where the applicant has resided within the immediately preceding 60 months;

(4)           the applicant's non-refundable application fee;

(5)           the actual cost charged to the Private Protective Services Board by the State Bureau of Investigation to cover the cost of criminal record checks performed by the State Bureau of Investigation, collected by the Private Protective Services Board; and

(6)           an Equifax credit check run within 30 days of the license application submission date.

(b)  Applications for trainee permits shall be accompanied by a notarized statement on a form provided by the Board and signed by the applicant and his prospective supervisor, stating that the trainee applicant shall at all times work with and under the direct supervision of that supervisor.

(c)  Private investigator trainees applying for a license must make available for inspection a log of experience on a form provided by the Board.

(d)  Each applicant must provide evidence of high school graduation either by diploma, G.E.D. certificate, or other proof.

(e)  Each applicant for a license shall meet personally with either a Board investigator, the Screening Committee; the Director, or a Board representative designated by the Director prior to being issued a license.  The applicant shall discuss the provisions of G.S. 74C and the administrative rules during the personal meeting.  The applicant shall sign a form provided by the Board indicating that he or she has reviewed the information with the Board's representative and that he or she has an understanding of G.S. 74C and the administrative rules.

 

History Note:        Authority G.S. 74C-2; 74C-5; 74C-8; 74C-8.1; 74C-12;

Eff. June 1, 1984;

Amended Eff. May 1, 2012; July 1, 2011; August 1, 1998; December 1, 1995; July 1, 1987; December 1, 1985;

Transferred and Recodified from 12 NCAC 07D .0201 Eff. July 1, 2015.

 

14B NCAC 16 .0202          FEES FOR LICENSES AND TRAINEE PERMITS

(a)  Application, license and trainee permit fees are as follows:

(1)           one hundred and fifty dollars ($150.00) non-refundable application fee;

(2)           two hundred fifty dollar ($250.00) annual fee for a new or renewal license, unless the applicant is requesting a new license be issued because of a transfer to a new company, which shall require a one hundred dollar ($100.00) fee for issuance of the new license with the original expiration date in the new company name;

(3)           two hundred fifty dollar ($250.00) annual trainee permit fee;

(4)           fifty dollars ($50.00) new or renewal fee per year of the license term for each license in addition to the basic license;

(5)           twenty five dollars ($25.00) duplicate license fee per year of the license term;

(6)           one hundred dollars ($100.00) late renewal fee in addition to the renewal fee;

(7)           one hundred dollars ($100.00) temporary permit fee;

(8)           fifty dollars ($50.00) branch office license fee per year of the license term; and

(9)           fifty dollars ($50.00) special limited guard and patrol licensee fee.

(b)  Fees may be paid in the form of a check or money order made payable to the Private Protective Services Board.

 

History Note:        Authority G.S. 74C-9;

Eff. June 1, 1984;

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

Temporary Amendment Eff. January 1, 1990 for a period of 180 days to expire on July 1, 1990;

ARRC Objection Lodged January 18, 1990;

Amended Eff. July 1, 2010; June 1, 2009; January 1, 2004; February 1, 1995; July 1, 1990;

Transferred and Recodified from 12 NCAC 07D .0202 Eff. July 1, 2015.

 

14B NCAC 16 .0203          RENEWAL OR RE-ISSUE OF LICENSES AND TRAINEE PERMITS

(a)  Each applicant for a license or trainee permit renewal shall submit an original and one copy of the renewal form. This form shall be submitted to the Director not less than 30 days prior to expiration of the applicant's current license or trainee permit and shall be accompanied by:

(1)           a head and shoulders digital color photograph of the applicant in JPG format of a quality sufficient for identification, taken within six months of the application and submitted by e-mail to PPSASL-Photos@ncdoj.gov or by compact disc;

(2)           statements of the result of a local criminal history records search by the city-county identification bureau or clerk of superior court in each county where the applicant has resided within the immediately preceding 24 months or a criminal record check from a third party criminal record check provider;

(3)           the applicant's renewal fee; and

(4)           proof of liability insurance as set out in G.S. 74C-10(e).

(b)  If a licensee has maintained a license at least two years and then allows the license to expire, the license may be re-issued if application is made within three years of the expiration date and the following documentation is submitted to the Board:

(1)           an Application For Reinstatement of an Expired License;

(2)           one set of classifiable fingerprints on an applicant fingerprint card;

(3)           one head and shoulders digital color photograph of the applicant in JPG format of a quality sufficient for identification, taken within six months of the application and submitted by e-mail to PPSASL-Photos@ncdoj.gov or by compact disc;

(4)           statements of the result of a local criminal history records search by the city-county identification bureau or clerk of superior court in each county where the applicant has resided within the immediately preceding 60 months or a criminal record check from a third party criminal record check provider;

(5)           the applicant's non-refundable application fee;

(6)           proof of liability insurance as set out in G.S. 74C-10(e); and

(7)           a separate check or money order made payable to the State Bureau of Investigations to cover criminal record checks performed by the State Bureau of Investigations.

(c)  A member of the armed forces whose license is in good standing and to whom G.S. 105-249.2 grants an extension of time to file a tax return shall receive that same extension of time to pay the license renewal fee and complete any continuing education requirements prescribed by the Board.  A copy of the military order or the extension approval by the Internal Revenue Service or by the North Carolina Department of Revenue must be furnished to the Board.

 

History Note:        Authority G.S. 74C-5; 74C-8; 74C-8.1; 74C-9;

Eff. June 1, 1984;

Amended Eff. October 1, 2013; May 1, 2012; October 1, 2010; November 1, 2007; January 4, 1994; July 1, 1987; December 1, 1985;

Transferred and Recodified from 12 NCAC 07D .0203 Eff. July 1, 2015.

 

14B NCAC 16 .0204          DETERMINATION OF EXPERIENCE

(a)  Experience requirements shall be determined in the following manner:

(1)           one year experience            =   1,000 hours;

(2)           two years experience          =   2,000 hours;

(3)           three years experience        =   3,000 hours.

(b)  Applicants must be prepared to make available upon request written documentation to verify experience.

(c)  When applying for a license, registration or trainee permit, the Board shall not consider any experience claimed by the applicant if:

(1)           gained by contracting private protective services to another person, firm, association. or corporation while not in possession of a valid private protective services license; or

(2)           gained when employed by a company contracting private protective services to another person, firm, association, or corporation while the company is not in possession of a valid private protective services license.

The Board may consider formal classroom training which is directly related to the private protective services industry.  The Board may grant one half hour of credit for each hour of formal training, but shall grant no more than 200 hours.  Paragraph (c) of this Rule is to be considered in addition to any other formal training credits.  No credit shall be given for formal training required pursuant to these Rules.

 

History Note:        Authority G.S. 74C‑5; 74C‑8;

Eff. June 1, 1984;

ARRC Objection October 19, 1988;

Amended Eff. April 1, 1999; February 1, 1996; March 1, 1989; December 1, 1985;

Transferred and Recodified from 12 NCAC 07D .0204 Eff. July 1, 2015.

 

14B NCAC 16 .0205          COMPANY BUSINESS LICENSE

(a)  Any firm, association, or corporation required to be licensed pursuant to G.S. 74C-2(a) shall submit an application for a company business license on a form provided by the Board.  Only a sole proprietorship which is owned and operated by an individual licensee shall be exempt from this Rule.  This application for license shall call for such information as the firm, association, or corporation name; the address of its principal office within the State; any past conviction for criminal offenses of any company director, or officer; information concerning the past revocation, suspension or denial of a business or professional license to any director, or officer; a list of all directors and officers of the firm, association, or corporation; a list of all persons, firms, associations, corporations or other entities owning ten percent or more of the outstanding shares of any class of stock; and the name and address of the qualifying agent.

(b)  In addition to the items required in Paragraph (a) of this Rule, an out-of-state corporation shall further qualify by filing with its application for a license, a copy of its certificate of authority to transact business in this state issued by the North Carolina Secretary of State in accordance with G.S. 55‑15‑01 and a consent to service of process and pleadings which shall be authenticated by its corporate seal and accompanied by a duly certified copy of the resolution of the board of directors authorizing the proper officer or officers to execute said consent.

(c)  After filing a completed written application with the Board, the Board shall conduct a background investigation to ascertain if the qualifying agent is in a management position.  The Board shall also determine if the directors, or officers have the requisite good moral character as defined in G.S. 74C-8(d)(2).  It shall be prima facie evidence of good moral character if a director or officer has not been convicted by any local, State, federal, or military court of any crime involving the use, carrying, or possession of a firearm; conviction of any crime involving the use, possession, sale, manufacture, distribution, or transportation of a controlled substance, drug, narcotic, or alcoholic beverage; conviction of a crime involving assault or an act of violence; conviction of a crime involving breaking or entering, burglary, larceny, or any offense involving moral turpitude; or does not have a history of addiction to alcohol or a narcotic drug; provided that, for purposes of this Rule, "conviction" means and includes the entry of a plea of guilty or no contest or a verdict rendered in open court by a judge or jury.

(d)  Upon satisfactory completion of the background investigation, a company business license may be issued.  This license shall be conspicuously displayed at the principle place of business within the State of North Carolina.

(e)  The company business license shall be issued only to the business entity and shall not be construed to extend to the licensing of its officers and employees.

(f)  The issuance of the company business license is issued to the firm, association, or corporation in addition to the license issued to the qualifying agent.  Therefore, the qualifying agent for the firm, association, or corporation which has been issued the company business license shall be responsible for assuring compliance with G.S. 74C.

 

History Note:        Authority G.S. 74C‑2(a); 74C‑5;

Eff. April 1, 1993;

Amended Eff. February 1, 1995;

Transferred and Recodified from 12 NCAC 07D .0205 Eff. July 1, 2015.

 

SECTION .0300 ‑ SECURITY GUARD AND PATROL: GUARD DOG SERVICE

 

14B NCAC 16 .0301          EXPERIENCE REQUIREMENTS/SECURITY GUARD AND PATROL LICENSE

(a)  In addition to the requirements of Section .0200 of this Chapter, applicants for a security guard and patrol license shall:

(1)           establish to the Board's satisfaction three years of experience as a manager, supervisor, or administrator with a contract security company or a proprietary security organization performing guard and patrol functions;

(2)           establish to the Board's satisfaction three years of experience as a manager, supervisor, or administrator in security with any federal, state, county, or municipal law enforcement agency performing guard and patrol functions; or

(3)           establish to the Board's satisfaction a military occupational specialty and two years of experience within the past five years in the U.S. Armed Forces as a manager, supervisor, or administrator performing guard and patrol functions.

(b)  In addition to the requirements of Section .0200 of this Chapter, an applicant for a security guard and patrol license that is the spouse of an active duty member of the U.S. Armed Forces shall establish to the Board's satisfaction:

(1)           the spouse holds a current license, certification or registration from another jurisdiction and the other jurisdiction's requirements are substantially equivalent to or exceed the Board's requirements; and

(2)           the spouse has two years verifiable experience within the past five years as a manager, supervisor, or administrator performing guard and patrol functions.

(c)  The Board shall give credit toward the experience requirements set forth in Subparagraphs (a)(1) and (2) and Subparagraph (b)(2)of this Rule as follows:

(1)           An applicant shall receive a minimum of 400 hours of experience credit for an associate's degree. The Director or the Board shall grant up to 100 additional hours if the applicant can demonstrate that further training or course-work related to the private protective services industry was received while obtaining the associate's degree.

(2)           An applicant shall receive 800 hours of experience credit for a bachelor's degree.  The Director or the Board shall grant up to 200 additional hours if the applicant can demonstrate that further training or course-work related to the private protective services industry was received while obtaining the bachelor's degree.

(3)           An applicant shall receive 1,200 hours of experience credit for a graduate degree.  The Director or the Board shall grant an additional 300 additional hours if the applicant can demonstrate that further training or course-work related to the private protective services industry was received while obtaining the graduate degree.

(d)  Persons licensed under Chapter 74D of the General Statutes of North Carolina may be issued a limited guard and patrol license exclusively for providing armed alarm responders.

 

History Note:        Authority G.S. 74C-5; 74C-8; 74C-13; 93B-15.1;

Eff. June 1, 1984;

Amended Eff. October 1, 2013; February 1, 2009; December 1, 1995; January 4, 1994; January 1, 1990; August 1, 1988;

Transferred and Recodified from 12 NCAC 07D .0301 Eff. July 1, 2015.

 

14b NCAC 16 .0302          EXPERIENCE REQUIREMENTS FOR GUARD DOG SERVICE LICENSE

(a)  In addition to the requirements of Section .0200 of this Chapter, applicants for a guard dog service license shall:

(1)           establish to the Board's satisfaction two years of experience as a manager, supervisor, administrator, or dog handler with a contract security company or proprietary security organization performing guard dog functions;

(2)           establish to the Board's satisfaction two years of experience as a manager, supervisor, administrator, or dog handler with any federal, state, county, or municipal agency performing guard dog functions; or

(3)           establish to the Board's satisfaction a military occupational specialty and two years of experience within the past five years in the U.S. Armed Forces as a manager, supervisor, or administrator or dog handler performing guard dog functions.

(b)  In addition to the requirements of Section .0200 of this Chapter, an applicant for a guard dog service license that is the spouse of an active duty member of the U.S. Armed Forces shall establish to the Board's satisfaction:

(1)           the spouse holds a current license, certification or registration from another jurisdiction and the other jurisdiction's requirements are substantially equivalent to or exceed the Board's requirements; and

(2)           the spouse has two years of verifiable of experience within the past five years as a manager, supervisor, or administrator or dog handler performing guard dog functions.

 

History Note:        Authority G.S. 74C-5; 74C-8; 93B-15.1;

Eff. June 1, 1984;

Amended Eff. October 1, 2013; February 1, 2009; January 4, 1994;

Transferred and Recodified from 12 NCAC 07D .0302 Eff. July 1, 2015.

 

SECTION .0400 ‑ PRIVATE INVESTIGATOR: ELECTRONIC COUNTERMEASURES

 

14B NCAC 16 .0401          EXPERIENCE REQUIREMENTS FOR A PRIVATE INVESTIGATOR LICENSE

(a)  In addition to the requirements of G.S. 74C-8 and Section .0200 of this Chapter, applicants for a private investigator license shall:

(1)           establish to the Board's satisfaction three years of experience while conducting investigations as defined in G.S. 74C-3(a)(8) with a contract security company or with a private person, firm, association or corporation;

(2)           establish to the Board's satisfaction three years of verifiable experience while conducting investigations as set forth in G.S. 74C-3(a)(8) while serving in an investigative capacity as defined in Rule .0103(9) of this Chapter with any Federal, state, county, municipal law enforcement agency or other governmental agency; or

(3)           establish to the Board's satisfaction a military occupational specialty and two years of verifiable experience within the past five years in the U.S. Armed Forces while conducting investigations as set forth in G.S. 74C-3(a)(8) while serving in an investigative capacity as defined in Rule .0103(9) of this Chapter.

(b)  In addition to the requirements of Section .0200 of this Chapter, an applicant for a private investigator license that is the spouse of an active duty member of the U.S. Armed Forces shall establish to the Board's satisfaction:

(1)           the spouse holds a current license, certification or registration from another jurisdiction and the other jurisdiction's requirements are substantially equivalent to or exceed the Board's requirements; and

(2)           the spouse has two years verifiable experience within the past five years while conducting investigations as set forth in in G.S. 74C-3(a)(8) while serving in an investigative capacity as defined in Rule .0103(9) of this Chapter.

(c)  The Board shall give credit toward the experience requirements set forth in Subparagraphs (a) and (b) of this Rule as follows:

(1)           An applicant shall receive of 400 hours of experience credit for an associate's degree.  The Director or the Board shall grant up to 100 additional hours if the applicant can demonstrate that further training or course-work related to the private protective services industry was received while obtaining the associate's degree.

(2)           An applicant shall receive 800 hours of experience credit for a bachelor's degree.  The Director or the Board shall grant up to 200 additional hours if the applicant can demonstrate that further training or course-work related to the private protective services industry was received while obtaining the bachelor's degree.

(3)           An applicant shall receive 1,200 hours of experience credit for a graduate degree.  The Director or the Board shall grant an additional 300 additional hours if the applicant can demonstrate that further training or course-work related to the private protective services industry was received while obtaining the graduate degree.

 

History Note:        Authority G.S. 74C-5(2); 93D-15.1;

Eff. June 1, 1984;

Amended Eff. December 1, 1987;

Temporary Amendment Eff. October 1, 1989 For a Period of 180 Days to Expire on March 31, 1990;

Amended Eff. October 1, 2013; February 1, 2009; December 1, 1995; January 4, 1994; February 1, 1990;

Transferred and Recodified from 12 NCAC 07D .0401 Eff. July 1, 2015.

 

14B NCAC 16 .0402          EXPERIENCE REQUIREMENTS FOR A COUNTERINTELLIGENCE LICENSE

In addition to the requirements of Section .0200 of this Chapter, applicants for a counterintelligence license shall:

(1)           establish to the Board's satisfaction three years experience in counterintelligence; or

(2)           have successfully completed a course in counterintelligence given by a school specializing in counterintelligence which consists of not less than 40 hours of actual classroom instruction.

 

History Note:        Authority G.S. 74C-5;

Eff. June 1, 1984;

Amended Eff. July 1, 2009; January 4, 1994; July 1, 1987;

Transferred and Recodified from 12 NCAC 07D .0402 Eff. July 1, 2015.

 

14b NCAC 16 .0403          TRAINEE PERMIT REQUIREMENTS

(a)  In addition to the requirements of Section .0200 of this Chapter, applicants for a trainee permit in private investigation or counterintelligence shall be directly supervised by a licensee approved by the Board and that supervisor shall be directly responsible for the training and investigations of the trainee.

(b)  Trainees who wish to apply for a license must submit an application to the Board in accordance with Rule .0201 of this Chapter.

(c)  Private investigator trainees shall maintain a log on a form provided by the Board as evidence of experience.  This log must be available for inspection when applying for a private investigator license.

(d)  Any request for renewal of a trainee permit or for issuance of a license shall be accompanied by an evaluation report of the trainee's performance on a form provided by the Board and submitted by the trainee's supervisor.

 

History Note:        Authority G.S. 74C‑2; 74C‑5;

Eff. June 1, 1984;

Amended Eff. December 1, 1985;

Transferred and Recodified from 12 NCAC 07D .0403 Eff. July 1, 2015.

 

14B NCAC 16 .0404          REPORTS

(a)  Private investigators shall make and offer to each client a written report containing the findings and details of the investigation within 30 days after the completion of the investigation for which the client has paid the investigator for the services.  A copy of the written report shall be retained by the licensee.

(b)  Descriptive reports, chronological reports, cover letters, and itemized invoices to the client shall be personally signed by a licensee.  The file copy shall reflect the names of all participating employees and a description of the work performed by each one.  These documents shall be retained by the licensee who signed the report.

 

History Note:        Authority G.S. 74C-5;

Eff. June 1, 1984;

Amended Eff. October 1, 2010; July 1, 1987;

Transferred and Recodified from 12 NCAC 07D .0404 Eff. July 1, 2015.

 

14B NCAC 16 .0405          private investigator's use of a badge

While engaged in their official duties, a private investigator shall be allowed to carry, possess, and display a badge that has been approved by the Board, the North Carolina Sheriffs' Association, and the North Carolina Association of Chiefs of Police.  The badge shall be a duplicate as shown below except for the licensee's name and license number.  The badge shall be gold with dark blue lettering.  Any deviation from the below design shall be deemed an unauthorized badge and shall constitute a violation of the statute and rules.  The badge shall be displayed in a folding pocket case with the badge displayed on one side of the case and the Private Investigator's pocket credential, that is issued by the Board, displayed on the opposite side of the case.

 

 

History Note:        Authority G.S. 74C-5(12);

Eff. May 1, 2010;

Transferred and Recodified from 12 NCAC 07D .0405 Eff. July 1, 2015.

 

SECTION .0500 ‑ POLYGRAPH

 

14B NCAC 16 .0501          EXPERIENCE REQUIREMENTS FOR A POLYGRAPH LICENSE

(a)  In addition to the requirements of Section .0200 of this Chapter, applicants for a polygraph license shall:

(1)           pass an examination and a performance test administered by a panel of polygraph examiners designated by the Board;

(2)           successfully complete a course of instruction at any polygraph school approved by the American Polygraph Association, the American Association of Police Polygraphist or the Board; and

(3)           have either:

(A)          one year of polygraph experience; or

(B)          complete at least six months of training as a holder of a polygraph trainee permit, and  have administered no fewer than 50 polygraph examinations; or

(4)           establish to the Board's satisfaction a military occupational specialty and two years of verifiable experience within the past five years in the U.S. Armed Forces performing polygraph examinations.

(b)  In addition to the requirements of Section .0200 of this Chapter, an applicant for a polygraph license who is the spouse of an active duty member of the U.S. Armed Forces shall establish to the Board's satisfaction:

(1)           the spouse holds a current license, certification or registration from another jurisdiction and the other jurisdiction's requirements are substantially equivalent to or exceed the Board's requirements; and

(2)           the spouse has two years of verifiable experience within the past five years performing polygraph examinations.

(c)  Applicants for a polygraph license may take the examination required in Subparagraph (a)(1) of this Rule no more than twice in any calendar year.  Any applicant who fails the polygraph examination four times shall retake the polygraph course of instruction required in Subparagraph (a)(2) of this Rule before taking the polygraph examination again.

(d)  Polygraph operators who are duly licensed in another state may perform up to three examinations in this state without being licensed, provided that those examinations are for the purpose of an evaluation of that examiner and the Director has given authorization for this evaluation in advance.

 

History Note:        Authority G.S. 74C-5; 93B-15.1;

Eff. June 1, 1984;

Amended Eff. May 1, 2014; October 1, 2013; July 1, 2009; December 1, 1985;

Transferred and Recodified from 12 NCAC 07D .0501 Eff. July 1, 2015.

 

14B NCAC 16 .0502          POLYGRAPH TRAINEE PERMIT REQUIREMENTS

In addition to the requirements of, Section .0200 of this Chapter the following requirements shall apply to polygraph trainees:

(1)           The applicant shall successfully complete a formal course of instruction at any polygraph school approved by the American Polygraph Association, the American Association of Police Polygraphists or the Board.  A list of approved schools can be found at: http://www.ncdoj.gov/About-DOJ/Law Enforcement-Training-and-Standards/Private-Protectice-Services/Licensing-Process.aspx;

(2)           The applicant shall be directly supervised by a polygraph examiner approved by the Board and that examiner shall supervise no more than three trainees at any given time;

(3)           An individual currently enrolled in a polygraph school may conduct examinations as a part of the course curriculum provided such examinations are on school premises, under the direct one‑on‑one supervision of a polygraph licensee, and the school provides written notice to the client that such examinations are being conducted by students and not by licensed polygraph examiners.  The school shall maintain a copy of such written notification;

(4)           Trainees who wish to apply for a license must submit an application to the Board in accordance with Rule .0201 of this Chapter.  Applicants meeting license qualifications within one year of the issuance of a trainee, permit shall not be required to pay an additional application fee;

(5)           Any request for renewal of a trainee permit or for issuance of a polygraph license shall be accompanied by an evaluation report of the trainee's performance submitted by the trainee's supervisor; and

(6)           In addition to the final evaluation report, supervisors shall submit five monthly evaluation reports over the duration of the traineeship on a checklist provided by the Board.

 

History Note:        Authority G.S. 74C‑5;

Eff. June 1, 1984;

Amended Eff. May 1, 2014; December 1, 1985;

Transferred and Recodified from 12 NCAC 07D .0502 Eff. July 1, 2015.

 

14B NCAC 16 .0503          POLYGRAPH EXAMINATION REQUIREMENTS

Polygraph licensees and trainees shall:

(1)           Obtain written consent from the individual to be examined.  The consent form shall be signed in the presence of the examiner and shall include a statement advising the examinee that he or she may terminate the examination at any time.

(2)           A printed or reproducible electronic copy of each chart collected, as well as documents associated with the examination such as reports, question sets, and signed consent forms, shall be retained by the examiner for a minimum of three years.  The examiner shall record the following information:

(a)           name of the examinee;

(b)           date of the examination;

(c)           type of examination;

(d)           time the examination started;

(e)           location of the examination; and

(f)            name and license number of the examiner.

This requirement may be completed by labeling the beginning of the first printed chart by hand, or by entering the information into the electronic polygraph file.

(3)           The examiner shall give the examinee opportunity prior to concluding the examination to explain reactions on the charts.

(4)           The examiner shall not issue or permit an employee to issue an examination report which is misleading, biased, or falsified.

(5)           Each examination report shall be a factual, impartial, and objective account of the pertinent information developed during the examination and the examiner's professional conclusion, based upon the analysis of the charts.

(6)           All questions considered for chart analysis shall be documented in writing or an electronic question set and shall be reviewed with the examinee prior to any testing.

(7)           An examiner shall not make a conclusive verbal or written examination report without having administered two or more charts consisting of the same questions.

(8)           An examiner shall not inquire into the sexual conduct or preferences of a person to whom a polygraph examination is being given unless pertinent to an alleged sex‑related crime, nor shall an examiner inquire into the activities, affiliations or beliefs on religion, politics or race, except where there is specific relevancy to an investigation.

(9)           Each chart shall be signed at the end of the chart by the examinee and the examiner before the end of the recording if using an analog instrument or retaining printed and not electronic copies of the charts for the period required by Item (2) of this Rule.  Retaining reproducible electronic copies of all charts noting the names of the examiner and examinee as well as the date and time of testing will also meet the requirements of this Item.

(10)         An examiner shall conduct no more than five examinations in a 24 hour period.

(11)         For adequate auditing of polygraph examiners, each examiner shall keep a daily log of examinations.

 

History Note:        Authority G.S. 74C‑5;

Eff. June 1, 1984;

Amended Eff. May 1, 2014; December 1, 1987; July 1, 1987; December 1, 1985;

Transferred and Recodified from 12 NCAC 07D .0503 Eff. July 1, 2015.

 

14B NCAC 16 .0504          POLYGRAPH INSTRUMENTS

(a)  A polygraph examiner shall not conduct an examination unless the instrument used makes a simultaneous recording of at least three physiological tracings including the pneumo cardio and electrodermal changes.  This recording must be in a form capable of review by another polygraph examiner and shall be available to the Board or its designated representative.  This requirement shall not prohibit recording additional physiological phenomena on the same charts. 

(b)  A polygraph examiner shall not conduct an examination on an instrument unless the examiner has ensured the instrument is functioning as designed.

(c)  A polygraph examiner shall:

(1)           complete a functionality check or calibration of the instrument at time intervals that comply with the manufacturer's recommendations; and

(2)           maintain a signed and dated record of the charts collected during the functionality check or calibration for a period of three years.

 

History Note:        Authority G.S. 74C-5;

Eff. June 1, 1984;

Amended Eff. May 1, 2014; August 1, 1998; December 1, 1985;

Transferred and Recodified from 12 NCAC 07D .0504 Eff. July 1, 2015.

 

SECTION .0600 ‑ PSYCHOLOGICAL STRESS EVALUATOR (P.S.E.)

 

14B NCAC 16 .0601          EXPERIENCE REQUIREMENTS FOR A PSYCHOLOGICAL STRESS EVALUATOR LICENSE

(a)  In addition to the requirements of Section .0200 of this Chapter, applicants for a Psychological Stress Evaluator (P.S.E.) license shall:

(1)           successfully complete a course of instruction at any P.S.E. school approved by the Board; or

(2)           establish to the Board's satisfaction a military occupational specialty and two years of verifiable experience within the past five years in the U.S. Armed Forces conducting psychological stress evaluations.

(b)  In addition to the requirements of Section .0200 of this Chapter, an applicant for a P.S.E. license that is the spouse of an active duty member of the U.S. Armed Forces shall establish to the Board's satisfaction:

(1)           the spouse holds a current license, certification or registration from another jurisdiction and the other jurisdictions requirements are substantially equivalent to or exceed the Board's requirements; and

(2)           the spouse has two years of verifiable experience within the past five years conducting psychological stress evaluations.

(c)  A P.S.E. school shall consist of not less than 40 hours of live classroom instruction in psychological stress evaluation.

 

History Note:        Authority G.S. 74C-5; 93B-15.1;

Eff. June 1, 1984;

Amended Eff. October 1, 2013; March 1, 2008;

Transferred and Recodified from 12 NCAC 07D .0601 Eff. July 1, 2015.

 

14B NCAC 16 .0602          P.S.E. EXAMINATION REQUIREMENTS

P.S.E. licensees shall comply with the requirements of Rule .0503 of this Chapter.  In addition, P.S.E. examinations shall be conducted by the examiner in the presence of the examinee and with the examinee's knowledge that he is being examined.  Examination by telephone is prohibited.

 

History Note:        Authority G.S. 74C‑5;

Eff. June 1, 1984;

Transferred and Recodified from 12 NCAC 07D .0602 Eff. July 1, 2015.

 

14b NCAC 16 .0603          P.S.E. INSTRUMENTS

An instrument used for P.S.E. examinations shall be capable of measuring and recording voice reactions on a graph.  This recording must be in a form suitable for examination by another P.S.E. examiner.  Such recordings shall be available to the Board or its designated representative.  The instrument must be given maintenance, cleaning, adjustment, and demagnetizing periodically as recommended by the manufacturer and not less than once after each eight hours of continuous mechanical operation.  The examiner shall conduct a test pattern of the instrument prior to each examination.

 

History Note:        Authority G.S. 74C‑5;

Eff. June 1, 1984;

Transferred and Recodified from 12 NCAC 07D .0603 Eff. July 1, 2015.

 

section .0700 - SECURITY GUARD REGISTRATION (UNARMED)

 

14b NCAC 16 .0701          APPLICATION FOR UNARMED SECURITY GUARD REGISTRATION

(a)  Each employer or his designee shall submit and sign an application form for the registration of each employee to the Board.  This form shall be accompanied by:

(1)           one set of classifiable fingerprints on an applicant fingerprint card;

(2)           two head and shoulders color digital photographs of the applicant in JPG format of acceptable quality for identification, taken within six months prior to submission and submitted by e-mail to PPSASL-Photos@ncdoj.gov or by compact disc;

(3)           a certified statement of the results of a criminal records search from the appropriate governmental authority housing criminal record information or clerk of superior court in each area where the applicant has resided within the immediately preceding 48 months;

(4)           the applicant's non-refundable registration fee; and

(5)           the actual cost charged to the Private Protective Services Board by the State Bureau of Investigation to cover the cost of criminal record checks performed by the State Bureau of Investigation, collected by the Private Protective Services Board.

(b)  The employer of each applicant for registration shall give the applicant a copy of the application and shall retain a copy of the application in the individual's personnel file in the employers' office.

(c)  The applicant's copy of the application shall serve as a temporary registration card that shall be carried by the applicant when he is within the scope of his employment and that shall be exhibited upon the request of any law enforcement officer or authorized representative of the Board.

(d)  A statement signed by a certified trainer that the applicant has successfully completed the training requirements of Rule .0707 of this Section shall be submitted to the Director with the application.

(e)  A copy of the statement specified in Paragraph (d) of this Rule shall be retained by the licensee in the individual applicant's personnel file in the employer's office.

 

History Note:        Authority G.S. 74C-5; 74C-8.1; 74C-11;

Eff. June 1, 1984;

Amended Eff. May 1, 2012; July 1, 2011; August 1, 1998; December 1, 1995; June 1, 1994; February 1, 1990; May 1, 1988;

Transferred and Recodified from 12 NCAC 07D .0701 Eff. July 1, 2015.

 

14B ncac 16 .0702          FEES FOR UNARMED SECURITY GUARD REGISTRATION

(a)  Fees for unarmed security guards are as follows:

(1)           thirty dollar ($30.00) non‑refundable initial registration fee;

(2)           thirty dollar ($30.00) annual renewal, or reissue fee;

(3)           fifteen dollar ($15.00) transfer fee; and

(4)           twenty-five dollars ($25.00) late renewal fee to be paid within 90 days from the date the registration expires and to be paid in addition to the renewal fee.

(b)  Fees shall be paid in the form of a check or money order made payable to the Private Protective Services Board.

 

History Note:        Authority G.S. 74C‑9;

Eff. June 1, 1984;

Amended Eff. December 1, 1985;

Temporary Amendment Eff. January 1, 1990 for a Period of 180 Days to Expire on July 1, 1990;

ARRC Objection Lodged January 18, 1990;

Amended Eff. July 1, 2010; May 1, 2010; December 1, 2003; July 1, 1990;

Transferred and Recodified from 12 NCAC 07D .0702 Eff. July 1, 2015.

 

14B NCAC 16 .0703          MINIMUM STANDARDS FOR UNARMED SECURITY GUARD REGISTRATION

An applicant for registration shall:

(1)           be at least 18 years of age;

(2)           be a citizen of the United States or a resident alien;

(3)           be of good moral character and temperate habits.  Any of the following within the last five years shall be prima facie evidence that the applicant does not have good moral character or temperate habits: conviction by any local, state, federal, or military court of any crime involving the illegal use, carrying, or possession of a firearm; conviction of any crime involving the illegal use, possession, sale, manufacture, distribution, or transportation of a controlled substance, drug, narcotic, or alcoholic beverage, conviction of a crime involving felonious assault or an act of violence; conviction of a crime involving unlawful breaking and/or entering, burglary, larceny, any offense involving moral turpitude; or a history of addiction to alcohol or a narcotic drug; provided that, for purposes of (3) of this Rule, "conviction" means and includes the entry of a pleas of guilty, plea of no contest, or a verdict of guilty;

(4)           not have been declared by any court of competent jurisdiction incompetent by reason of mental disease or defect; or not have been involuntarily committed to an institution for treatment of mental disease or defect by a district court judge.  When an individual has been treated and found to have been restored by a psychiatrist, the Board will consider this evidence and determine whether the applicant meets the requirements of this Paragraph; and

(5)           not have had a revocation of a registration.

 

History Note:        Authority G.S. 74C‑5;

Eff. June 1, 1984;

Amended Eff. August 1, 1988; December 1, 1985;

Transferred and Recodified from 12 NCAC 07D .0703 Eff. July 1, 2015.

 

14B NCAC 16 .0704          INVESTIGATION FOR UNARMED SECURITY GUARD REGISTRATION

(a)  After the administrator receives a complete application for registration, the administrator may cause to be made such further investigation of the applicant as deemed necessary.

(b)  Any denial of an applicant for registration by the administrator shall be subject to review by the Board.

 

History Note:        Authority G.S. 74C‑5;

Eff. June 1, 1984;

Transferred and Recodified from 12 NCAC 07D .0704 Eff. July 1, 2015.

 

14B NCAC 16 .0705          UNARMED SECURITY GUARD REGISTRATION IDENTIFICATION CARDS

(a)  The registration identification card shall be carried by the registrant when performing the duties of a private protective services employee.

(b)  The registration identification card shall be exhibited upon the request of any law enforcement officer or any other authorized representative of the Board.

(c)  Registration identification card holders shall immediately notify the Board upon receipt of any information relating to the holder's eligibility to continue holding such a card.

(d)  The guard transfer form and fee shall be submitted to the Board by the employer within 10 days of the beginning of employment.

(e)  Upon revocation or suspension by the Board, a holder shall return the registration identification card to the administrator within 10 days of the date of the revocation or suspension.

 

History Note:        Authority G.S. 74C‑5; 74C‑11;

Eff. June 1, 1984;

Amended Eff. December 1, 1985;

Transferred and Recodified from 12 NCAC 07D .0705 Eff. July 1, 2015.

 

14B NCAC 16 .0706          RENEWAL OR REISSUE OF UNARMED SECURITY GUARD REGISTRATION

(a)  Each applicant for renewal of a registration identification card or his employer, shall complete a form provided by the Board.  This form shall be submitted not fewer than 30 days prior to the expiration of the applicant's current registration and shall be accompanied by:

(1)           two head and shoulders color digital photographs of the applicant in JPG format of acceptable quality for identification, taken within six months prior to submission and submitted by e-mail to PPSASL-Photos@ncdoj.gov or by compact disc;

(2)           statements of any criminal record obtained from the appropriate authority in each area where the applicant has resided within the immediate preceding 12 months or a criminal record check from a third party criminal record check provider;

(3)           the applicant's renewal fee; and

(4)           the actual cost charged to the Private Protective Services Board by the State Bureau of Investigation to cover the cost of criminal record checks performed by the State Bureau of Investigation, collected by the Private Protective Services Board.

(b)  Each applicant for reissue of a registration identification card shall complete, and his employer shall sign, a form provided by the Board.  This form shall be submitted to the Board and accompanied by:

(1)           two head and shoulders color digital photographs of the applicant in JPG format of acceptable quality for identification, taken within six months prior to submission and submitted by e-mail to PPSASL-Photos@ncdoj.gov or by compact disc; and

(2)           the applicant's reissue fee.

(c)  The employer of each applicant for a registration renewal or reissue shall give the applicant a copy of the application which will serve as a record of application for renewal or reissue and shall retain a copy of the application in the individual's personnel file in the employer's office.

(d)  Members of the armed forces whose registration is in good standing and to whom G.S. 105-249.2 grants an extension of time to file a tax return are granted that same extension of time to pay the registration renewal fee and to complete any continuing education requirements prescribed by the Board.  A copy of the military order or the extension approval by the Internal Revenue Service or by the North Carolina Department of Revenue must be furnished to the Board.

 

History Note:        Authority G.S. 74C-5; 74C-11;

Eff. June 1, 1984;

Amended Eff. May 1, 2012; October 1, 2010; December 1, 1995; February 1, 1990; July 1, 1987; December 1, 1985;

Transferred and Recodified from 12 NCAC 07D .0706 Eff. July 1, 2015.

 

14B ncac 16 .0707          TRAINING REQUIREMENTS FOR UNARMED SECURITY GUARDS

(a)  Applicants for an unarmed security guard registration shall complete a basic training course for unarmed security guards within 30 days from the date of permanent hire.  The course shall consist of a minimum of 16 hours of classroom instruction including:

(1)           The Security Officer in North Carolina -- (minimum of one hour);

(2)           Legal Issues for Security Officers -- (minimum of three hours);

(3)           Emergency Response -- (minimum of three hours);

(4)           Communications -- (minimum of two hours);

(5)           Patrol Procedures -- (minimum of three hours);

(6)           Note Taking and Report Writing -- (minimum of three hours);

(7)           Deportment -- (minimum of one hour).

A minimum of four hours of classroom instruction shall be completed within 20 calendar days of a probationary or regular security guard being placed on a duty station.  These four hours shall include The Security Officer in North Carolina and Legal Issues for Security Officers.

(b)  Licensees shall submit the name and resume for a proposed certified unarmed security guard trainer to the Director for Board Approval.

(c)  Training shall be conducted by a Board certified unarmed security guard trainer.  A Board approved lesson plan covering the training requirements in Paragraph (a) of this Rule shall be made available to each trainer.  The Board shall approve other media training materials that deliver the training requirements of Paragraph (a) of this Rule.

(d)  The 16 hours of training may be delivered interactively under the following conditions:

(1)           The training is presented by a Private Protective Services Board certified unarmed security officer trainer.

(2)           Each student is given a copy of the PPS unarmed security officer training manual to use for the duration of the 16 hour training course.

(3)           The technology used allows the trainer to see the students and the students to see the trainer in real time during the training.

(4)           All students in each classroom are able to see and read the screen or monitor, and they must be able to clearly hear and understand the audio presentation.  All monitors used in each classroom must be at least 32 inches wide.

(5)           The technology used is of sufficient quality so that the training audio and video is done smoothly and without interruption.

(6)           Each student is taught to use the audio and video equipment in their classroom prior to the start of the 16 hour unarmed security officer training course.

(7)           The total number of students receiving the interactive training at one time does not exceed 35 students.

(8)           All training not included in the NC Private Protective Services unarmed security officer training manual is done either before or after the 16 hour unarmed security officer training.

(9)           The Director of Private Protective Services is notified five days prior to training of the location of each classroom, name and location of the certified trainer, and the number of students who will be present.

(10)         The sponsoring agency allows the Director or designee access via computer of the training during the time that it is taking place.

 

History Note:        Authority G.S. 74C-5; 74C-11; 74C-13;

Eff. January 1, 1990;

Amended Eff. June 1, 2009; November 1, 2006; June 1, 2004;

Transferred and Recodified from 12 NCAC 07D .0707 Eff. July 1, 2015.

 

section .0800 - ARMED SECURITY GUARD FIREARM REGISTRATION PERMIT

 

14B NCAC 16 .0801          APPLICATION/ARMED SECURITY GUARD FIREARM REGISTRATION PERMIT

(a)  Each armed security guard employer or his designee shall submit and sign an application form for the registration of each armed security guard applicant to the Board.  This form shall be accompanied by:

(1)           one set of classifiable fingerprints on an applicant fingerprint card;

(2)           two head and shoulders color digital photographs of the applicant in JPG format of sufficient quality for identification, taken within six months prior to submission and submitted by e-mail to PPSASL-Photos@ncdoj.gov or by compact disc;

(3)           a certified statement of the results of a criminal records search from the clerk of superior court in each county where the applicant has resided within the immediate preceding 48 months. If the applicant has resided out of state within the immediate preceding 48 months, the applicant shall provide a certified statement of the result of a criminal records search from the appropriate governmental authority housing criminal record information in each area where the applicant has resided within the immediate preceding 48 months;

(4)           the applicant's non-refundable registration fee; and

(5)           a statement signed by a certified trainer that the applicant has successfully completed the training requirements of Rule .0807 of this Section;

(6)           a certification by the applicant that he or she is at least 21 years of age.

(b)  The employer of each applicant for registration shall give the applicant a copy of the application and shall retain a copy of the application in the individual's personnel file in the employer's office.

(c)  The applicant's copy of the application shall serve as a temporary registration card that shall be carried by the applicant when he is within the scope of his employment and that shall be exhibited upon the request of any law enforcement officer or authorized representative of the Board.

(d)  Applications submitted without proof of completion of a Board approved firearms training course shall not serve as temporary registration cards.

(e)  The provisions of Paragraphs (a), (b), and (c) of this Rule also apply to any employee whose employment is terminated within 30 days of employment.

 

History Note:        Authority G.S. 74C-5; 74 C-9; 74C-13;

Eff. June 1, 1984;

Amended Eff. May 1, 2012; April 1, 2008; August 1, 1998; December 1, 1995; February 1, 1990; May 1, 1988; July 1, 1987;

Transferred and Recodified from 12 NCAC 07D .0801 Eff. July 1, 2015.

 

14B ncac 16 .0802          FEES FOR ARMED SECURITY GUARD FIREARM REGISTRATION PERMIT

(a)  Fees for armed security guard firearm registration permits are as follows:

(1)           thirty dollars ($30.00) non‑refundable initial registration fee;

(2)           thirty dollars ($30.00) annual renewal, or reissue fee; and

(3)           fifteen dollar ($15.00) application fee.

(b)  Fees shall be paid in the form of a check or money order made payable to the Private Protective Services Board.

 

History Note:        Authority G.S. 74C‑9;

Eff. June 1, 1984;

Amended Eff. December 1, 1985;

Temporary Amendment Eff. January 1, 1990 for a Period of 180 Days to Expire on July 1, 1990;

ARRC Objection Lodged January 18, 1990;

Amended Eff. July 1, 2010; December 1, 2003; July 1, 1990;

Transferred and Recodified from 12 NCAC 07D .0802 Eff. July 1, 2015.

 

14B NCAC 16 .0803          MINIMUM STDS/ARMED SECURITY GUARD FIREARM REGISTRATION PERMIT

Applicants for an armed security guard registration shall meet all the requirements of Rule .0703 of this Chapter.

 

History Note:        Authority G.S. 74C‑5; 74C‑13;

Eff. June 1, 1984;

Amended Eff. February 1, 1990; July 1, 1987;

Transferred and Recodified from 12 NCAC 07D .0803 Eff. July 1, 2015.

 

14B NCAC 16 .0804          INVESTIGATION/ARMED SECURITY GUARD FIREARM REGISTRATION PERMIT

(a)  After the administrator receives a complete application for registration, the administrator may cause to be made such further investigation of the applicant as deemed necessary.

(b)  Any denial of an applicant for registration by the administrator shall be subject to review by the Board.

 

History Note:        Authority G.S. 74C‑5;

Eff. June 1, 1984;

Transferred and Recodified from 12 NCAC 07D .0804 Eff. July 1, 2015.

 

14B NCAC 16 .0805          ARMED SECURITY GUARD FIREARM REGISTRATION PERMIT IDENT CARDS

(a)  The provisions of 12 NCAC 7D .0705 are hereby made to apply to armed security officers.

(b)  Upon termination of employment of an armed security officer, the employer shall return the employee's registration card to the Board within 15 days of the employee's termination.

 

History Note:        Authority G.S. 74C‑5; 74C‑11; 74C‑13;

Eff. June 1, 1984;

Amended Eff. July 1, 1987;

Transferred and Recodified from 12 NCAC 07D .0805 Eff. July 1, 2015.

 

14B NCAC 16 .0806          RENEWAL OF ARMED SECURITY GUARD FIREARM REGISTRATION PERMIT

(a)  Each applicant for renewal of an armed security guard firearm registration permit identification card or his employer shall complete a form provided by the Board.  This form shall be submitted not more than 90 days nor fewer than 30 days prior to expiration of the applicant's current armed registration and shall be accompanied by:

(1)           two head and shoulders color digital photographs of the applicant in JPG format of acceptable quality for identification, taken within six months prior to submission and submitted by e-mail to PPSASL-Photos@ncdoj.gov or by compact disc;

(2)           statements of any criminal record obtained from the appropriate area where the applicant has resided within the immediate preceding 12 months or a criminal record check from a third party criminal record check provider;

(3)           the applicant's renewal fee; and

(4)           the actual cost charged to the Private Protective Services Board by the State Bureau of Investigation to cover the cost of criminal record checks performed by the State Bureau of Investigation, collected by the Private Protective Services Board.

(b)  The employer of each applicant for a registration renewal shall give the applicant a copy of the application that will serve as a record of application for renewal and shall retain a copy of the application in the individual's personnel file in the employer's office.

(c)  Applications for renewal shall be accompanied by a statement signed by a certified trainer that the applicant has successfully completed the training requirements of Rule .0807 of this Section.

(d)  Members of the armed forces whose registration is in good standing and to whom G.S. 105-249.2 grants an extension of time to file a tax return are granted that same extension of time to pay the registration renewal fee and to complete any continuing education requirements prescribed by the Board.  A copy of the military order or the extension approval by the Internal Revenue Service or by the North Carolina Department of Revenue must be furnished to the Board.

 

History Note:        Authority G.S. 74C-5; 74C-11; 74C-13;

Eff. June 1, 1984;

Amended Eff. May 1, 2012; October 1, 2010; December 1, 1995; February 1, 1990; December 1, 1985;

Transferred and Recodified from 12 NCAC 07D .0806 Eff. July 1, 2015.

 

14B NCAC 16 .0807          TRAINING REQUIREMENTS FOR ARMED SECURITY GUARDS

(a)  Applicants for an armed security guard firearm registration permit shall first complete the basic unarmed security guard training course set forth in Rule .0707 of this Chapter.

(b)  Private investigator licensees applying for an armed security guard firearm registration permit shall first complete a four hour training course consisting of the courses set forth in Rule .0707(a)(1) and (2) of this Chapter and all additional training requirements set forth in that Rule.

(c)  Applicants for an armed security guard firearm registration permit shall complete a basic training course for armed security guards which consists of at least 20 hours of classroom instruction including:

(1)           legal limitations on the use of handguns and on the powers and authority of an armed security guard, including familiarity with rules and regulations relating to armed security guards   (minimum of four hours);

(2)           handgun safety, including range firing procedures (minimum of one hour);

(3)           handgun operation and maintenance (minimum of three hours);

(4)           handgun fundamentals (minimum of eight hours); and

(5)           night firing (minimum of four hours).

(d)  Applicants for an armed security guard firearm registration permit shall attain a score of at least 80 percent accuracy on a firearms range qualification course adopted by the Board and the Secretary of Public Safety, a copy of which is on file in the Director's office.  For rifle qualification all shots shall be located on the target.  Should a student fail to attain a score of 80 percent accuracy, the student will be given three additional attempts to qualify on the course of fire the student did not pass. Failure to meet the qualification after three attempts shall require the student to repeat the entire Basic Training Course for Armed Security Guards. All additional attempts must take place within 20 days of the completion of the initial 20 hour course.

(e)  All armed security guard training required by this Chapter shall be administered by a certified trainer and shall be completed no more than 90 days prior to the date of issuance of the armed security guard firearm registration permit.

(f)  All applicants for an armed security guard firearm registration permit shall obtain training under the provisions of this Section using their duty weapon and their duty ammunition or ballistic equivalent ammunition, to include lead-free ammunition that meets the same point of aim, point of impact, and felt recoil of the duty ammunition, for all weapons.

(g)  No more than six new or renewal armed security guard applicants per one instructor shall be placed on the firing line at any one time during firearms range training.

(h)  Applicants for re-certification of an armed security guard firearm registration permit shall complete a basic recertification training course for armed security guards that consists of at least four hours of classroom instruction and is a review of the requirements set forth in Subparagraphs (c)(1) through (c)(5) of this Rule. The recertification course is valid for 180 days after completion of the course. Applicants for recertification of an armed security guard firearm registration permit shall also complete the requirements of Paragraph (d) of this Rule.

(i)  An armed guard currently registered with one company may be registered with a second company. Such registration shall be considered "dual." The registration with the second company shall expire at the same time that the registration expires with the first company. An updated application shall be required, along with the digital photograph, updated criminal records checks, and a forty dollar ($40.00) registration fee. If the guard will be carrying a firearm of the same make, model and caliber, then no additional firearms training is required. The licensee shall submit a letter stating the guard will be carrying the same make and model firearm.  If the guard will be carrying a firearm of a different make and model, the licensee shall submit a letter to the Board advising of the make, model and caliber of the firearm the guard will be carrying and the guard shall be required to qualify at the firing range on both the day and night qualification course. The qualification score is valid for 180 days after completion of the course.

(j)  To be authorized to carry a standard 12 gauge shotgun in the performance of his or her duties as an armed security guard, an applicant shall complete, in addition to the requirements of Paragraphs (a), (c), and (d) of this Rule, six hours of classroom training that shall include the following:

(1)           legal limitations on the use of shotgun (minimum of one hour);

(2)           shotgun safety, including range firing procedures (minimum of one hour);

(3)           shotgun operation and maintenance (minimum of one hour);

(4)           shotgun fundamentals (minimum of two hours); and

(5)           night firing (minimum of one hour).

(k)  An applicant may take the additional shotgun training at a time after the initial training in this Rule. If the shotgun training is completed at a later time, the shotgun certification shall run concurrent with the armed registration permit.  In addition to the requirements set forth in Paragraph (j) of this Rule, applicants shall attain a score of at least 80 percent accuracy on a shotgun range qualification course adopted by the Board and the Secretary of Public Safety, a copy of which is on file in the Director's office.

(l)  Applicants for shotgun recertification shall complete one hour of classroom training covering the topics set forth in Paragraph (j) of this Rule and shall also complete the requirements of Paragraph (d) of this Rule.

(m)  To be authorized to carry a rifle in the performance of his or her duties as an armed security guard, an applicant shall complete, in addition to the requirements of Paragraphs (a), (c), and (d) of this Rule, 16 hours of classroom training which shall include the following:

(1)           legal limitations on the use of rifles (minimum of one hour);

(2)           rifle safety, including range firing procedures (minimum of one hour);

(3)           rifle operation and maintenance (minimum of two hours);

(4)           rifle fundamentals (minimum of ten hours); and

(5)           night firing (minimum two hours).

(n)  The applicant shall pass a skills course that tests each basic rifle skill and the test of each skill shall be completed within three attempts.

(o)  An applicant may take the additional rifle training at a time after the initial training in this Rule.  If the rifle training is completed at a later time, the rifle certification shall run concurrent with the armed registration permit.  In addition to the requirements set forth in Paragraphs (m) and (n) of this Rule, applicants shall attain a score of at least 80 percent accuracy on a rifle range qualification course adopted by the Board and the Secretary of Public Safety, a copy of which is on file in the Director's office.

(p)  Applicants for rifle recertification shall complete an additional one hour of classroom training covering the topics set forth in Paragraph (m) of this Rule and shall also complete the requirements of Paragraph (d) of this Rule.

(q)  Applicants for an armed security guard firearm registration permit who possess a current firearms trainer certificate shall be given, upon their written request, a firearms registration permit that will run concurrent with the trainer certificate upon completion of an annual qualification with their duty firearms as set forth in Paragraph (d) of this Rule.

(r)  The armed security officer is required to qualify annually both for day and night firing with his or her duty handgun, shotgun and rifle, if applicable. If the security officer fails to qualify on either course of fire, the security officer cannot carry the firearm until such time as he or she meets the qualification requirements. Upon failure to qualify, the firearm instructor shall notify the security officer that he or she is no longer authorized to carry the firearm and the firearm instructor shall notify the employer and the Private Protective Services Board staff on the next business day.

 

History Note:        Authority G.S. 74C-5; 74C-9; 74C-13;

Eff. June 1, 1984;

Amended Eff. November 1, 1991; February 1, 1990; July 1, 1987;

Temporary Amendment Eff. January 14, 2002;

Amended Eff. October 1, 2013; October 1, 2010; June 1, 2009; February 1, 2006; August 1, 2002;

Transferred and Recodified from 12 NCAC 07D .0807 Eff. July 1, 2015;

Amended Eff. February 1, 2016; October 1, 2015.

 

14B NCAC 16 .0808          CONCEALED WEAPONS

(a)  Nothing in G.S. 74C or this Chapter shall be construed as permitting the carrying of concealed weapons by licensees, trainees, registrants or firearms trainers while in performance of duties regulated by the Private Protective Services Act, unless the licensee, trainer, or registrant has complied with all provisions of G.S. 14, Article 54B and applicable rules promulgated by the N.C. Criminal Justice Education and Training Standards Commission pursuant thereto and has been issued a current concealed handgun permit by a Sheriff.  Additionally, applicants shall comply with the concealed firearm provisions for training and qualifications set forth in Paragraph (b) of this Rule.

(b)  A licensee, trainer, or registrant shall comply with each of the following requirements to carry a Concealed Firearm while engaged in a private protective services business.

(1)           An individual shall hold a current Armed Security Guard Registration Permit by complying with all requirements for armed registration as prescribed in this Section.

(2)           An individual shall complete standards set forth by the N.C. Criminal Justice Education and Training Standards Commission to include knowledge of North Carolina firearms laws including, but not limited to, the limitation on concealed weapon possession on specified grounds and within certain buildings.

(3)           An individual meeting the requirements of this Section shall be issued a concealed firearm endorsement to the current Armed Security Guard Registration Permit for the term of the Armed Security Guard Registration Permit without additional permit fees, but any additional training costs necessary to comply with this Section shall be borne directly by the applicant.

(c)  The endorsement shall be renewed at the time of the Armed Security Guard Registration Permit renewal pursuant to the applicable provisions of this Section on payment of the armed security guard registration renewal fee and proof of possession of a current Concealed Handgun Permit.  There shall be no additional fee for the concealed firearms endorsement renewal.

 

History Note:        Authority G.S. 74C‑5; 74C‑13;

Eff. June 1, 1984;

Temporary Amendment Eff. December 1, 1995 for a period of 180 days or until the

permanent rule becomes effective, whichever is sooner;

Amended Eff. June 1, 1996;

Transferred and Recodified from 12 NCAC 07D .0808 Eff. July 1, 2015.

 

14B NCAC 16 .0809          AUTHORIZED FIREARMS

Armed licensees or registrants are authorized, while in the performance of official duties or traveling directly to and from work, to carry a standard revolver from .32 caliber to .357 caliber, a standard semi-automatic pistol from .354 caliber to .45 caliber, any standard 12 gauge shotgun, or any standard semi-automatic or bolt action .223 or 5.56 X 45 mm NATO caliber rifle as long as the licensee or registrant has been trained pursuant to Rule .0807 of this Section. For purposes of this Section, a "standard" firearm means a firearm that has not been modified or altered from its original manufactured design.

 

History Note:        Authority G.S. 74C-5; 74C-13;

Eff. June 1, 1984;

Amended Eff. January 1, 2015; June 1, 1993; November 1, 1991; July 1, 1987;

Transferred and Recodified from 12 NCAC 07D .0809 Eff. July 1, 2015;

Amended Eff. February 1, 2016.

 

section .0900 – TRAINER CERTIFICATE

 

14B NCAC 16 .0901          REQUIREMENTS FOR A FIREARMS TRAINER CERTIFICATE

(a)  Firearms trainer applicants shall:

(1)           meet the minimum standards established by Rule .0703 of this Chapter;

(2)           have a minimum of one year of supervisory experience in security with a contract security company or proprietary security organization, or one year of experience with any federal, state, county or municipal law enforcement agency;

(3)           attain a 90 percent score on a firearm's prequalification course approved by the Board and the Secretary of Public Safety, with a copy of the firearm's course certificate to be kept on file in the administrator's office;

(4)           to teach handgun qualification, complete a training course approved by the Board and the Secretary of Public Safety that shall consist of a minimum of  32 hours of classroom and practical range training in safety and maintenance, range operations, night firearm training, control and safety procedures, and methods of handgun firing;

(5)           to teach shotgun or rifle qualification, complete a training course approved by the Board and the Secretary of Public Safety that shall consist of a minimum of 24 hours of classroom and practical range training in shotgun and rifle safety and maintenance, range operations, night firearm training, control and safety procedures, and methods of shotgun and rifle firing;

(6)           pay the certified trainer application fee established in Rule .0903(a)(1) of this Section; and

(7)           successfully complete the requirements of the Unarmed Trainer Certificate set forth in Rule .0909 of this Section.

(b)  The applicant's score on the prequalification course set forth in Subparagraph (a)(3) of this Rule is valid for 180 days after completion of the course.

(c)  In lieu of completing the training course set forth in Subparagraph (a)(4) of this Rule, an applicant may submit to the Board a current Criminal Justice Specialized Law Enforcement Firearms Instructor Certificate from the North Carolina Criminal Justice Education and Training Standards Commission.

(d)  In lieu of Subparagraphs (a)(2) and (4) of this Rule, an applicant may establish that the applicant satisfies the conditions set forth in G.S. 93B-15.1(a) for firearm instruction and two years of verifiable experience within the past five years in the U.S. Armed Forces as a firearms instructor.

(e)  All applicants subject to Paragraphs (c) and (d) of this Rule shall comply with the provisions of Subparagraph (a)(3), pay the application fee amount as set forth in Rule .0903 of this Section, and complete the eight-hour course given by the Board on rules and regulations.

(f)  In addition to the requirement of Section .0200 of this Chapter, an applicant for a firearms trainer certificate who is the spouse of an active duty member of the U.S. Armed Forces shall establish that the application satisfies the conditions set forth in G.S. 93B-15.1(b).

(g)  A Firearms Trainer Certificate expires two years after the date of issuance.

 

History Note:        Authority G.S. 74C-5; 74C-9; 74C-13; 93B-15.1;

Eff. June 1, 1984;

Amended Eff. July 1, 2014; October 1, 2013; December 1, 2008; January 1, 2008; August 1, 2004; November 1, 1991;

Transferred and Recodified from 12 NCAC 07D .0901 Eff. July 1, 2015;

Amended Eff. February 1, 2016; October 1, 2015.

 

14B ncac 16 .0902          APPLICATION FOR FIREARMS TRAINER CERTIFICATE

Each applicant for a firearms trainer certificate shall submit an original and one copy of the application to the Board. The application shall be accompanied by:

(1)           one set of classifiable fingerprints on an applicant fingerprint card;

(2)           one head and shoulders color digital photograph of the applicant in JPG format of adequate quality for identification, taken within six months prior to submission and submitted by e-mail to PPSASL-Photos@ncdoj.gov or by compact disc;

(3)           a certified statement of the result of a criminal history records search by the appropriate governmental authority housing criminal record information or clerk of superior court in each county where the applicant has resided within the immediate preceding 60 months, and if any address history contains an out of state address, a criminal record check from the reporting service designated by the Board pursuant to G.S. 74C-8.1(a);

(4)           the actual cost charged to the Private Protective Services Board by the State Bureau of Investigation to cover the cost of criminal record checks performed by the State Bureau of Investigation, collected by the Private Protective Services Board;

(5)           the applicant's non-refundable registration fee;

(6)           a certificate of successful completion of the training required by Rule .0901(3) and (4) of this Section. This training shall have been completed within 60 days of the submission of the application; and

(7)           the actual cost charged to the Private Protective Services Board by the North Carolina Justice Academy to cover the cost of the firearms training course given by the N.C. Justice Academy and collected by the Private Protective Services Board.

 

History Note:        Authority G.S. 74C-5; 74C-8.1(a); 74C-13;

Eff. June 1, 1984;

Amended Eff. August 1, 1998; December 1, 1995; July 1, 1987; December 1, 1985;

Temporary Amendment Eff. July 17, 2001;

Amended Eff. January 1, 2013; May 1, 2012; August 1, 2002;

Transferred and Recodified from 12 NCAC 07D .0902 Eff. July 1, 2015.

 

14 NCAC 16 .0903             FEES FOR TRAINER CERTIFICATE

(a)  Trainer certificate fees are as follows:

(1)           forty dollar ($40.00) non‑refundable initial application fee for firearms trainer applicants;

(2)           twenty-five dollar ($25.00) non-refundable initial application fee for an unarmed trainer applicant;

(3)           twenty‑five dollar ($25.00) biennial fee for a renewal or replacement trainer certificate.

(b)  Fees shall be paid in the form of a check or money order made payable to the Private Protective Services Board.

 

History Note:        Authority G.S. 74C‑9;

Eff. June 1, 1984;

Amended Eff. January 1, 2005; January 1, 2004;

Transferred and Recodified from 12 NCAC 07D .0903 Eff. July 1, 2015.

 

14B NCAC 16 .0904          RENEWAL OF A FIREARMS TRAINER CERTIFICATE

(a)  Each applicant for renewal of a firearms trainer certificate shall complete a renewal form provided by the Board and available on its website at www.ncdps.gov/PPS. This form shall be submitted not less than 30 days prior to the expiration of the applicant's current certificate and shall be accompanied by:

(1)           certification of the successful completion of a firearms trainer refresher course approved by the Board and the Secretary of Public Safety consisting of a minimum of eight hours of classroom and practical range training in safety and maintenance of the applicable firearm (i.e. handgun, shotgun or rifle), range operations, control and safety procedures, and methods of firing.  This training shall be completed within 180 days of the submission of the renewal application;

(2)           a certified statement of the result of a criminal records search from the appropriate governmental authority housing criminal record information or clerk of superior court in each county where the applicant has resided within the immediately preceding 48 months, and if any address history contains an out of state address, a criminal record check from the reporting service designated by the Board pursuant to G.S. 74C-8.1(a);

(3)           the applicant's renewal fee; and

(4)           the actual cost charged to the Private Protective Services Board by the State Bureau of Investigation to cover the cost of criminal record checks performed by the State Bureau of Investigation, collected by the Private Protective Services Board.

(b)  Members of the armed forces whose certification is in good standing and to whom G.S. 105-249.2 grants an extension of time to file a tax return are granted that same extension of time to pay the certification renewal fee and to complete any continuing education requirements prescribed by the Board. A copy of the military order or the extension approval by the Internal Revenue Service or by the North Carolina Department of Revenue shall be furnished to the Board.

 

History Note:        Authority G.S. 74C-5; 74C-8.1(a); 74C-13;

Eff. June 1, 1984;

Amended Eff. January 1, 2013; October 1, 2010; June 1, 2009; December 1, 1995; December 1, 1985;

Transferred and Recodified from 12 NCAC 07D .0904 Eff. July 1, 2015;

Amended Eff. February 1, 2016; October 1, 2015.

 

14B NCAC 16 .0905          DETERMINATION OF EXPERIENCE

In determining the experience required under this Section, the provisions of Rule .0204 of this Chapter shall apply.

 

History Note:        Authority G.S. 74C‑5; 74C‑13;

Eff. June 1, 1984;

Transferred and Recodified from 12 NCAC 07D .0905 Eff. July 1, 2015.

 

14B NCAC 16 .0906          RECORDS RETENTION

(a)  A Certified Firearms Trainer shall retain the following in the individual's armed certification file:

(1)           a copy of the post delivery report listing the name(s) of individual(s) who qualified or attempted to qualify for armed security guard registration, and hour(s) of training, weapon qualification scores and any other information thereon;

(2)           a copy of the individual's Firearm Training Certificate; and

(3)           the individual's B-27 target and the Certified Firearms Trainer's Documentation Record.

(b)  The individual's B-27 qualification attempt target shall be retained for a minimum of 18 calendar months from the date of each qualification attempt.  Each B-27 target must contain the full name of the individual that fired the qualification course of fire, the date that qualification attempt took place, the printed name and signature of the private protective service certified firearms trainer who scored the target and the score.  The qualification target shall also show letter "N" or "D" to indicate if the qualification attempt was a day time ("D") or night time ("N") qualification attempt.  The information required by this Paragraph shall be placed on the B-27 target in ink or permanent marker.

 

History Note:        Authority G.S. 74C-5; 74C‑13;

Eff. May 3, 1993;

Amended Eff. December 1, 2008;

Transferred and Recodified from 12 NCAC 07D .0906 Eff. July 1, 2015.

 

14B NCAC 16 .0907          PRE-DELIVERY REPORT For FIREARMS TRAINING courses

Firearms Trainers shall submit to the Board, a pre-delivery report for all firearms training courses required by Rule .0807 of this Chapter not less than five days prior to commencing any firearms training course.  This report shall be submitted on a Board form and shall contain the following information:

(1)           Certified Firearms Trainer's name, address, and contact telephone number;

(2)           Date, time, and location of classroom training;

(3)           Date, time, and location of range qualification;

(4)           Classroom and range telephone number(s);

(5)           Number of students anticipated; and

(6)           Certified Firearms Trainer's signature.

 

History Note:        Authority G.S. 74C-5; 74C-13;

Temporary Adoption Eff. October 2, 2002;

Temporary Adoption Expired July 29, 2003;

Eff. December 1, 2003;

Transferred and Recodified from 12 NCAC 07D .0907 Eff. July 1, 2015.

 

14B NCAC 16 .0908          POST-DELIVERY REPORT For FIREARMS TRAINING courses

Firearms Trainers shall submit to the Board a post-delivery report for all firearms training courses required by Rule .0807 of this Rule within 20 days after completion of the firearms training.  The report shall be submitted on a Board form and shall contain the following information:

(1)           Certified Firearms Trainer's name;

(2)           Date, time, and location of classroom training;

(3)           Date, time, and location of range qualification;

(4)           Full name of the students who completed the firearms training course;

(5)           Certification by the Firearms Trainer that the applicant has successfully completed the firearms classroom training;

(6)           Range score for each student completing the firearms training course; and

(7)           Certified Firearms Trainer's signature.

 

History Note:        Authority G.S. 74C-5; 74C-13;

Temporary Adoption Eff. October 2, 2002;

Temporary Adoption Expired July 29, 2003;

Eff. December 1, 2003;

Amended Eff. December 1, 2008; January 1, 2008;

Transferred and Recodified from 12 NCAC 07D .0908 Eff. July 1, 2015.

 

14B NCAC 16 .0909          UNARMED TRAINER CERTIFICATE

(a)  To receive an unarmed trainer certificate, an applicant shall meet the following requirements:

(1)           comply with the requirements of Rule .0703 of this Chapter;

(2)           have a minimum of one year of experience in security with a contract security company or proprietary security organization, or one year of experience with any federal, state, county or municipal law enforcement agency;

(3)           successfully complete a training course approved by the Board and the Secretary of Public Safety which shall consist of a minimum of 24 hours classroom instruction to include the following topic areas:

(A)          civil liability for the security trainer -- (two hours);

(B)          interpersonal communications in instruction -- (three hours);

(C)          teaching adults -- (four hours);

(D)          principles of instruction -- (one hour);

(E)           methods and strategies of instruction -- (one hour);

(F)           principles of instruction: audio-visual aids -- (three hours); and

(G)          student performance -- (45 minute presentation);

(4)           receive a favorable recommendation from the employing or contracting licensee; and

(5)           submit the application required by Rule .0910 of this Section, which is available on the Board's website at www.ncdps.gov/PPS.

(b)  In lieu of completing the training course set forth in Subparagraph (a)(3) of this Rule, an applicant may submit to the Board:

(1)           a Criminal Justice General Instructor Certificate from the North Carolina Criminal Justice Education and Training Standards Commission; or

(2)           any training certification that meets or exceeds the requirements of Subparagraph (a)(3) of this Rule and is approved by the Director of PPS.

(c)  In lieu of the experience requirement of Subparagraph (a)(2) of this Rule and completing the training course set forth in Subparagraph (a)(3) of this Rule, an applicant may establish that the applicant satisfies the conditions set forth in G.S. 93B-15.1(a) for an unarmed trainer and two years of verifiable experience within the past five years in the U.S. Armed forces as an unarmed guard trainer.

(d)  In addition to the requirements of Section .0200 of this Chapter, an applicant for an unarmed guard trainer certificate that is the spouse of an active duty member of the U.S. Armed Forces shall establish that the applicant satisfies the conditions set forth in G.S. 93B-15.1(b).

(e)  An Unarmed Trainer Certificate shall expire two years after the date of issuance.

 

History Note:        Authority G.S. 74C-8; 74C-9; 74C-11; 93B-15.1;

Eff. October 1, 2004;

Amended Eff. October 1, 2013; January 1, 2013; January 1, 2008;

Transferred and Recodified from 12 NCAC 07D .0909 Eff. July 1, 2015;

Amended Eff. October 1, 2015.

 

14B NCAC 16 .0910          APPLICATION FOR AN Unarmed Trainer Certificate

Each applicant for an unarmed trainer certificate shall submit an application to the Board. The application shall be accompanied by:

(1)           the certified trainer application fee established in Rule .0903(a)(2) of this Section; and

(2)           a certificate of successful completion of the training required.  This training shall have been completed within 120 days of the submission of the application or current certificate of other acceptable certification as set forth in Rule .0909(b) of this Section.

 

History Note:        Authority G.S. 74C-8; 74C-9; 74C-11; 74C-13;

Eff. October 1, 2004;

Amended Eff. January 1, 2013;

Transferred and Recodified from 12 NCAC 07D .0910 Eff. July 1, 2015.

 

14b ncac 16 .0911          RENEWAL OF AN Unarmed Trainer Certificate

(a)  Each applicant for renewal of an unarmed trainer certificate shall complete a board renewal form.  This form shall be submitted not less than 30 days prior to the expiration of the applicant's current certificate.  In addition, the applicant shall include the following:

(1)           the renewal fee set forth in Rule .0903(a)(3) of this Section

(2)           certification of a minimum of 16 hours of Board approved armed or unarmed instruction performed during the current unarmed trainer certification period; and

(3)           a statement verifying the classes taught during the current unarmed trainer certification period on a form prescribed by the Board.

(b)  Members of the armed forces whose certification is in good standing and to whom G.S. 105-249.2 grants an extension of time to file a tax return are granted that same extension of time to pay the certification renewal fee and to complete any continuing education requirements prescribed by the Board.  A copy of the military order or the extension approval by the Internal Revenue Service or by the North Carolina Department of Revenue must be furnished to the Board.

 

History Note:        Authority G.S. 74C-8; 74C-9; 74C-11; 74C-13;

Eff. August 1, 2004;

Amended Eff. January 1, 2013; October 1, 2010; January 1, 2008;

Transferred and Recodified from 12 NCAC 07D .0911 Eff. July 1, 2015.

 

14B ncac 16 .0912          rosters of Unarmed Trainer classes

Each unarmed trainer shall send to the Board training officer, by e-mail, all rosters of classes taught during the current unarmed trainer certification period by June 30 and by December 31 of each year.

 

History Note:        Authority G.S. 74C-5; 74C-13;

Eff. January 1, 2013;

Transferred and Recodified from 12 NCAC 07D .0912 Eff. July 1, 2015.

 

SECTION .1000 ‑ RECOVERY FUND

 

14b NCAC 16 .1001          DEFINITIONS

In addition to the definitions under Article 2 of Chapter 74C of the General Statutes of North Carolina, the following definitions shall apply throughout this Section:

(1)           "Board" means the Private Protective Services Board.

(2)           "Fund" means the Recovery Fund of the Private Protective Services Act.

(3)           "Aggrieved Party" means a person who has suffered a reimbursable loss because of a licensee's defaulting on an obligation owed to the person while providing private protective services.

(4)           "Licensee" means a person who, at the time of the act complained of, was licensed by the Private Protective Services Board.

(5)           "Reimbursable Loss" means:

(a)           only those losses of money or other property which meet all of the following tests:

(i)            The obligation was incurred on or after July 1, 1983;

(ii)           The loss was caused by a licensee or trainee's defaulting on an obligation owed where such obligation was entered into by the licensee or trainee within the scope of the licensee's or trainee's employment in providing private protective services; and

(iii)          The aggrieved party has exhausted all civil remedies against the licensee or his estate and has complied with these rules.

(b)           the following shall be excluded from "reimbursable losses":

(i)            Losses of spouses, children, parents, grandparents, siblings, partners, associates and employees of the licensee or trainee causing the losses;

(ii)           Losses covered by any bond, surety agreement, or insurance contract to the extent covered thereby; and

(iii)          Losses which have been otherwise received from or paid by or on behalf of the licensee who defaulted on an obligation.

(6)           "Trainee" means a person who, at the time of the act complained of, was licensed as a trainee by the Private Protective Services Board.

 

History Note:        Authority G. S. 74C‑31;

Eff. June 1, 1989;

Transferred and Recodified from 12 NCAC 07D .1001 Eff. July 1, 2015.

 

14b NCAC 16 .1002          PETITION FOR HEARING/APPLICATION FOR RELIEF

The board shall prepare a Form of Petition for Hearing and Application for Relief which shall require the following minimum information:

(1)           The name and address of the aggrieved party;

(2)           The name and address of the licensee or trainee who defaulted on an obligation;

(3)           The amount of the alleged loss for which application is made;

(4)           The date or period of time during which the alleged loss was incurred;

(5)           A general statement of facts relative to the application;

(6)           Verification by the aggrieved party;

(7)           All supporting documents, including, but not limited to:

(a)           Copies of all contracts, invoices, returned checks, etc.;

(b)           Copies of all court proceedings against the licensee/trainee; and

(c)           Copies of all documents showing any reimbursement or receipt of funds in payment of any portion of the loss.

 

History Note:        Authority G. S. 74C‑31;

Eff. June 1, 1989;

Transferred and Recodified from 12 NCAC 07D .1002 Eff. July 1, 2015.

 

14B NCAC 16 .1003          PROCESSING APPLICATIONS

(a)  The board shall cause each application to be sent to the administrator for investigation and report.  A copy of the application shall be served upon or sent by registered mail to the last known address of the licensee/trainee who it is claimed defaulted on an obligation.

(b)  The administrator shall conduct such investigation in such manner as he deems necessary and desirable in order to determine whether the application is for a reimbursable loss and in order to guide and advise the board in determining the extent, if any, for which the application should be paid from the fund.

(c)  A report from the administrator shall be submitted to the chairman of the board within a reasonable time.

(d)  The board shall hold a hearing on every application filed by an aggrieved party.  The hearing shall be held before the board and shall follow the guidelines set out in Chapter 150B of the General Statutes of North Carolina.

 

History Note:        Authority G. S. 74C‑31;

Eff. June 1, 1989;

Transferred and Recodified from 12 NCAC 07D .1003 Eff. July 1, 2015.

 

SECTION .1100 - TRAINING AND SUPERVISION FOR PRIVATE INVESTIGATOR ASSOCIATES

 

14b NCAC 16 .1101          DEFINITIONS

In addition to the definitions set forth in Chapter 74C of the General Statutes of North Carolina, the following definitions will apply to this Section:

(1)           "Private Investigator Associate" refers to individuals training to become Private Investigators.  A Private Investigator Associate must complete three levels of training requirements.

(2)           "One-on-one Supervision" means person to person contact whereby the licensed investigator is personally and directly supervising or training the Associate.  The training investigator must be the sponsoring licensed Private Investigator or any licensed Private Investigator who is a member of the sponsoring Private Investigator's firm, association, or corporation.  The Private Investigator Associate may not subcontract his employment to another Private Investigator.  However, the sponsoring Private Investigator may subcontract the Private Investigator Associate if the sponsor obtains prior approval from the Administrator by showing that the Private Investigator Associate will receive an educational benefit from the subcontract employment and the Associate will receive one-on-one supervision from another licensed Private Investigator.  One-on-one supervision may be satisfied if the Associate undergoes training from an individual or educational course approved by the Administrator prior to the Associate receiving the training.

(3)           "Training Checklist" refers to the document(s) which must indicate all areas of training and work that the Associate has performed.  The supervising Private Investigator must be responsible for maintaining the training checklist and a copy must be given to the Associate.  The Training Checklist must further be updated to reflect the date the associate advances from one level to another.  The training checklist must be signed by the Associate and the sponsoring Private Investigator at the end of each reporting period.  In the event the Associate transfers employment to another Private Investigator, the Associate must provide the new supervising Private Investigator with the training checklist and the new sponsoring Private Investigator will then be responsible for the maintenance of the checklist.  The Training Checklist must be updated on a quarterly basis for Level One associates and on a yearly basis for Level Two and Level Three associates.  The training checklist must be maintained pursuant to Rule .0108 of this Chapter.  When an associate completes Level Three, the Training Checklist must be made a part of the associate's application for a Private Investigator's license.  The Board shall have immediate access to the training checklist.

(4)           "Associate Log" refers to the document(s) maintained by the sponsoring Private Investigator which must list each case the Associate has worked, the number of hours spent on the case, and the type of work performed.  One-on-one training must be specifically documented within the Associate's log.

 

History Note:        Authority G.S. 74C-5(2);

Eff. July 1, 1994;

Transferred and Recodified from 12 NCAC 07D .1101 Eff. July 1, 2015.

 

14B NCAC 16 .1102          TRAINING AND SUPERVISION REQUIRED IN LEVEL ONE

(a)  If upon sponsorship, the associate has less than one year or 1,000 hours of verifiable training or experience, the associate will undergo 160 hours of one-on-one supervision training. 

(b)  The first 40 hours of employment must be one-on-one supervision.  The remaining 120 hours of one-on-one supervision must be gathered over the first year of employment or the first 1,000 hours of actual work, whichever comes first.

(c)  A Level One Associate can not, independently of the sponsor, accept or contract employment.  The Associate must have direct face-to-face or telephone contact with the sponsor or another licensed Private Investigator within the firm, association, or corporation before accepting employment or before accepting a new case.

(d)  The sponsor or another licensed Private Investigator associated with the sponsor's firm, association, or corporation must meet with the Level One associate to review the associate's work product.  The Private Investigator's review may be by telephone or face-to-face and must occur at least four times per month.  The licensed Private Investigator must review each case on which the associate is working or has worked since the last review.  Review sessions may encompass more than one case.

 

History Note:        Authority G.S. 74C-5(2);

Eff. July 1, 1994;

Transferred and Recodified from 12 NCAC 07D .1102 Eff. July 1, 2015.

 

14B NCAC 16 .1103          TRAINING AND SUPERVISION REQUIRED IN LEVEL TWO

(a)  If upon initial application for a training permit, the applicant has at least one year or 1,000 hours of verifiable training or experience, the applicant will skip Level One and be classified as a Level Two Private Investigator Associate.  An applicant that skips Level One must undergo 80 hours of one-on-one training.  The first 40 hours of one-on-one supervision must occur within the first 40 hours of employment.  The remaining 40 hours must be gathered over the first year of employment or the first 1,000 hours of actual work, which ever comes first.

(b)  A Level Two Associate can not, independently of the sponsor, accept or contract employment.  The Associate must have direct face-to-face or telephone contact with the sponsor or another licensed Private Investigator within the firm, association, or corporation before accepting employment or before accepting a new case.

(c)  The sponsor or another licensed Private Investigator associated with the sponsor's firm, association, or corporation must meet with the Level Two associate to review the associate's work product.  The Private Investigator's review may be by telephone or face-to-face and must occur at least four times per month.  The licensed Private Investigator must review each case on which the associate is working or has worked since the last review.  Review sessions may encompass more than one case.

 

History Note:        Authority G.S. 74C-5(2);

Eff. July 1, 1994;

Transferred and Recodified from 12 NCAC 07D .1103 Eff. July 1, 2015.

 

14B NCAC 16 .1104          TRAINING AND SUPERVISION REQUIRED IN LEVEL THREE

(a)  If upon sponsorship the Associate has at least two years or 2,000 hours of verifiable training or experience, the associate will be classified as a Private Investigator Associate and must undergo 40 hours of one-on-one training.

(b)  The first 40 hours of employment for the Level Three Private Investigator Associate must be one-on-one supervision.

(c)  When the Level Three Associate completes the requirements of Level Three by fulfilling the licensing requirements set forth in Rules .0401 and .0204 of this Chapter, the associate may apply for a private investigator's license.

(d)  The sponsor or another licensed Private Investigator associated with the sponsor's firm, association, or corporation must meet with the Level Three associate to review the associate's work product.  The licensed Private Investigator must review each case on which the associate is working or has worked since the last review.  Review sessions may encompass more than one case.

(e)  The sponsoring Private Investigator must have contact with the Level Three Associate sufficient to ensure compliance with G.S. 74C.

 

History Note:        Authority G.S. 74C-5(2);

Eff. July 1, 1994;

Transferred and Recodified from 12 NCAC 07D .1104 Eff. July 1, 2015.

 

14B NCAC 16 .1105          EDUCATIONAL DEGREES AND NON-DEGREED TRAINING

(a)  An applicant will receive a minimum of 400 hours of experience credit for an associate's degree.  The Administrator or the Board may grant up to 100 additional hours if the applicant can demonstrate that further training or course-work related to the private protective services industry was received while obtaining the associate's degree.

(b)  An applicant will receive 800 hours of experience credit for a bachelor's degree.  The Administrator or the Board may grant up to 200 additional hours if the applicant can demonstrate that further training or course-work related to the private protective services industry was received while obtaining the bachelor's degree.

(c)  An applicant will receive 1,200 hours of experience credit for a graduate degree.  The Administrator or the Board may grant an additional 300 additional hours if the applicant can demonstrate that further training or course-work related to the private protective services industry was received while obtaining the graduate degree.

(d)  During the first 40 hours of one-on-one supervision, a Level One Associate may receive up to 4 hours of one-on-one supervision credit for time spent in the courtroom observing a docketed trial.  Of the remaining 120 hours of one-on-one supervision required in Level One, the Associate may receive up to 12 hours of credit for time spent in the courtroom observing an actual trial.  Of the thousand hours of training required in Level One, the Associate can not receive more than 100 hours of credit for time spent in the courtroom observing an actual trial.  To receive credit for courtroom observation, the Level One Associate must indicate in the Associate's Log the docket number of the trial and the time spent observing the actual trial.

(e)  During the first 40 hours of one-on-one supervision, a Level Two Associate may receive up to 4 hours of one-on-one supervision credit for time spent in the courtroom observing a docketed trial.  Of the remaining 80 hours of one-on-one supervision required in Level Two, the Associate may receive up to 8 hours of credit for time spent in the courtroom observing an actual trial.  Of the thousand hours of training required in Level Two, the Associate can not receive more than 100 hours of credit for time spent in the courtroom observing an actual trial.  To receive credit for courtroom observation, the Level Two Associate must indicate in the Associate's Log the docket number of the trial and the time spent observing the actual trial.

(f)  During the first 40 hours of one-on-one supervision, a Level Three Associate may receive up to 4 hours of one-on-one supervision credit for time spent in the courtroom observing a docketed trial.  Of the one thousand hours of training required in Level Three, the Associate can not receive more than 100 hours of credit for time spent in the courtroom observing an actual trial.  To receive credit for courtroom observation, the Level Three Associate must indicate in the Associate's Log the docket number of the trial and the time spent observing the actual trial.

 

History Note:        Authority G.S. 74C-5(2);

Eff. July 1, 1994;

Transferred and Recodified from 12 NCAC 07D .1105 Eff. July 1, 2015.

 

14B NCAC 16 .1106          CONSIDERATION OF EXPERIENCE

(a)  The Board shall consider any practical experience gained prior to the application date.  The Board shall not consider experience claimed by the applicant if the experience was:

(1)           gained by contracting private protective services to another person, firm, association, or corporation while not in possession of a valid private protective services license; or

(2)           gained when employed by a company contracting private protective services to another person, firm, association, or corporation while the company is not in possession of a valid private protective services license.

(b)  The Board shall consider any educational experience referred to in Rule .1105 of this Section.

 

History Note:        Authority G.S. 74C-5(2);

Eff. July 1, 1994;

Amended Eff. January 1, 2013; April 1, 1999;

Transferred and Recodified from 12 NCAC 07D .1106 Eff. July 1, 2015.

 

14B NCAC 16 .1107          ENFORCEMENT

A violation by the Associate may be deemed to be a violation of the sponsor if the violation is found to be the result of insufficient supervision and may subject the sponsor to any enforcement actions pursuant to G.S. 74C-17.

 

History Note:        Authority G.S. 74C-5(2);

Eff. July 1, 1994;

Transferred and Recodified from 12 NCAC 07D .1107 Eff. July 1, 2015.

 

14B NCAC 16 .1108          TRANSFERABILITY OF TRAINING HOURS

If a Level One associate transfers employment to another Private Investigator, the one-on-one training will not transfer and the associate must undergo one-on-one supervised training with the new sponsoring Private Investigator.  If a Level Two or Level Three associate transfers employment to another Private Investigator, all training hours will be transferred.

 

History Note:        Authority G.S. 74C-5(2);

Eff. July 1, 1994;

Transferred and Recodified from 12 NCAC 07D .1110 Eff. July 1, 2015.

 

SECTION .1200 – CONTINUING EDUCATION

 

14b NCAC 16 .1201          DEFINITIONS

In addition to the definitions set forth in Rule .0104 of this Chapter, the following definitions shall apply to this Section:

(1)           "continuing education" or "CE" refers to any educational activity approved by the Board to be a continuing education activity.

(2)           "credit hour" means 60 minutes of continuing education instruction.

(3)           "year" refers to the calendar year after the issuance of a new or renewal license.

(4)           "licensee" shall refer to an individual who holds a private protective services license issued by the Board.

 

History Note:        Authority G.S. 74C-2; 74C-4; 74C-5; 74C-22;

Eff. February 1, 2010;

Transferred and Recodified from 12 NCAC 07D .1301 Eff. July 1, 2015.

 

14B NCAC 16 .1202          REQUIRED CONTINUING EDUCATION HOURS

(a)  Each licensee shall complete 12 credit hours of continuing education training during each two year renewal period.

(b)  Credit shall be given only for classes that have been approved by the Board as set forth in Rule .1203 of this Section.

(c)  A licensee who attends a complete meeting of a regularly scheduled meeting of the Private Protective Services Board shall receive two credit hours for each meeting that the licensee attends, with credit being given for a maximum of two meetings per year with no more than four credit hours per year and eight credit hours per renewal period.

 

History Note:        Authority G.S. 74C-2; 74C-5; 74C-22;

Eff. February 1, 2010;

Amended Eff. May 1, 2014;

Transferred and Recodified from 12 NCAC 07D .1302 Eff. July 1, 2015.

 

14B NCAC 16 .1203          ACCREDITATION STANDARDS

(a)  CE courses may obtain the sanction of the Private Protective Services Board by submitting the following information to the Board for consideration:

(1)           the nature and purpose of the course;

(2)           the course objectives or goals;

(3)           the outline of the course, including the number of training hours for each segment; and

(4)           the identity of the instructor.

(b)  To determine if a course will receive sanctioning from the Private Protective Services Board, the Board shall complete the following review:

(1)           The matter shall be referred to the Training and Education Committee for the appointment of a sub-committee that shall review the course under consideration.  The sub-committee shall consist of at least two industry members of the Training and Education Committee.  Other members of the sub-committee may be appointed at the discretion of the Training and Education Committee Chairman.

(2)           The sub-committee shall review the course to determine if the course is pertinent to the industry, and if the course meets its stated objectives.

(3)           When the sub-committee completes its review, it shall report to the Training and Education Committee. The Training and Education Committee shall review the course to determine if the course is pertinent to the industry, and if the course meets its stated objective.  The Training and Education Committee shall then report the findings with a recommendation of acceptance or denial to the Private Protective Services Board.

(c)  Upon receipt of the Training and Education Committee report, the Private Protective Services Board shall determine by majority vote if the course will be sanctioned for continuing education credits.  In making its determination, the Board shall review the course to determine if the course is pertinent to the industry, and if the course meets its stated objective.

(d)  Each approved course shall remain a validly approved course for four years from the date of approval by the Board, unless the identity of the course instructor changes.

(e)  Trainers and instructors shall receive CEU credit of five hours for every actual teaching hour with an eight hour cap of CEU credit every two years.

(f)  Colleges, universities, trade schools, and other degree granting institutions shall be granted standing approval when the institutions are accredited, certified, or approved by the Department of Public Instruction or by other state agencies and the course is related to law, criminal justice, security profession, finance, ethics, forensics, crime prevention, and investigation. Approval is one hour per contact hour not to exceed eight contact hours.

(g)  Online courses shall be approved by the Board based on compliance with the standards set forth in Paragraph (a) of this Rule.  No more than six hours of CEU credit shall be given during a renewal period for online courses.

(h)  No course offering CEU credits may be taken for credit more than one time during a renewal period.

 

History Note:        Authority G.S. 74C-2; 74C-4; 74C-5; 74C-22;

Eff. February 1, 2010;

Amended Eff. October 1, 2011;

Transferred and Recodified from 12 NCAC 07D .1303 Eff. July 1, 2015.

 

14b NCAC 16 .1204          NON-RESIDENT LICENSEE CONTINUING EDUCATION CREDITS

A non-resident licensee shall obtain the required continuing education credits as set forth in Rule .1202 of this Section.  If a non-resident licensee resides in a state that requires continuing education for a private protective services business license, then the continuing education courses to be offered in the state of residence may be considered by the North Carolina Private Protective Services Board for sanctioning in North Carolina on an individual course basis.  In determining if the course is to be sanctioned, the Board shall review the course to determine if the course is pertinent to the industry, and if the course meets its stated objection.

 

History Note:        Authority G.S. 74C-2; 74C-4; 74C-5; 74C-22;

Eff. February 1, 2010;

Transferred and Recodified from 12 NCAC 07D .1304 Eff. July 1, 2015.

 

14B NCAC 16 .1205          RECORDING AND REPORTING CONTINUING EDUCATION CREDITS

(a)  Each licensee shall be responsible for recording and reporting continuing education credits to the Board at the time of license renewal, and for each course taken such report shall include a certificate of course completion that is signed by at least one course instructor, indicates the name of the licensee who completed the course, indicates the date of course completion, and indicates the number of hours taken by the licensee.  Credit shall not be given if a certificate of course completion is dated more than two years from the license renewal date.  Each course instructor shall be required to maintain a course roster and shall verify the identity of each participant by a government issued photo identification, such as a driver's license.  Said roster shall be delivered to the Board's office within two weeks of the completion date of the course.

(b)  All applications for renewal of a license shall have a CE Certificate(s) attached verifying completion of the required number of credit hours.  If an applicant is filing an application designated as "new" and the applicant has been licensed for any period of time within the previous two years, the applicant shall attach a CE Certificate(s) verifying completion of the required number of credit hours.  An applicant shall not be required to submit a CE Certificate if the applicant is filing an application designated as a "transfer" or "duplicate" and if the applicant has a current license issued by the Board.

 

History Note:        Authority G.S. 74C-2; 74C-4; 74C-5; 74C-22;

Eff. February 1, 2010;

Transferred and Recodified from 12 NCAC 07D .1305 Eff. July 1, 2015.

 

14B NCAC 16 .1206          NON-COMPLIANCE

If a licensee fails to comply with this Section of the rules, his license shall not be renewed.

 

History Note:        Authority G.S. 74C-2; 74C-4; 74C-5; 74C-22;

Eff. February 1, 2010;

Transferred and Recodified from 12 NCAC 07D .1306 Eff. July 1, 2015.

 

14B NCAC 16 .1207          CREDIT FOR CE COURSES

Licensees shall receive credit for completion of CE courses approved by the Board after January 1, 2010.  After January 1, 2012, all licensees shall submit certificates of CE completion with their renewal applications.

 

History Note:        Authority G.S. 74C-2; 74C-4; 74C-5; 74C-22;

Eff. February 1, 2010;

Transferred and Recodified from 12 NCAC 07D .1307 Eff. July 1, 2015.

 

SECTION .1300 – armored car service GUARD REGISTRATION (UNARMED)

 

14B NCAC 16 .1301          APPLICATION FOR UNARMED armored car service GUARD REGISTRATION

(a)  Each armored car employer or his designee shall submit and sign an application form for the registration of each unarmed armored car service guard employee to the Board.  This form shall be accompanied by:

(1)           one set of classifiable fingerprints on an applicant fingerprint card;

(2)           two head and shoulders color digital photographs of the applicant in JPG format of acceptable quality for identification, taken within six months prior to submission and submitted by e-mail to PPSASL-Photos@ncdoj.gov or by compact disc;

(3)           a certified statement of the result of a criminal records search from the appropriate governmental authority housing criminal record information or clerk of superior court in each county where the applicant has resided within the immediately preceding 48 months, and if any address history contains an out of state address, a criminal record check from the reporting service designated by the Board pursuant to G.S. 74C-8.1(a);

(4)           the applicant's non-refundable registration fee; and

(5)           the actual cost charged to the Private Protective Services Board by the State Bureau of Investigation to cover the cost of criminal record checks performed by the State Bureau of Investigation, collected by the Private Protective Services Board.

(b)  The employer of each applicant for registration shall give the applicant a copy of the application and shall retain a copy of the application in the individual's personnel file in the employer's office.

(c)  The applicant's copy of the application shall serve as a temporary registration card that shall be carried by the applicant when he is within the scope of his employment and that shall be exhibited upon the request of any law enforcement officer or authorized representative of the Board.

(d)  A statement signed by a certified trainer that the applicant has successfully completed the training requirements of Rule .1307 of this Section shall be submitted to the Director with the application.

(e)  A copy of the statement specified in Paragraph (d) of this Rule shall be retained by the licensee in the individual applicant's personnel file in the employer's office.

 

History Note:        Authority G.S. 74C-3; 74C-5; 74C-8.1(a);

Eff. January 1, 2013;

Transferred and Recodified from 12 NCAC 07D .1401 Eff. July 1, 2015.

 

14B ncac 16 .1302          FEES FOR UNARMED armored car service GUARD REGISTRATION

(a)  Fees for unarmed armored car service guards are as follows:

(1)           thirty dollar ($30.00) non-refundable initial registration fee;

(2)           thirty dollar ($30.00) annual renewal, or reissue fee;

(3)           fifteen dollar ($15.00) transfer fee; and

(4)           twenty-five dollars ($25.00) late renewal fee to be paid within 90 days from the date the registration expires and to be paid in addition to the renewal fee.

(b)  Fees shall be paid in the form of a check or money order made payable to the Private Protective Services Board.

 

History Note:        Authority G.S. 74C-3; 74C-5; 74C-9;

Eff. January 1, 2013;

Transferred and Recodified from 12 NCAC 07D .1402 Eff. July 1, 2015.

 

14B NCAC 16 .1303          MINIMUM STANDARDS FOR UNARMED armored car service GUARD REGISTRATION

An applicant for registration as an unarmed armored service guard shall:

(1)           be at least 18 years of age;

(2)           be a citizen of the United States or a resident alien;

(3)           be of good moral character and temperate habits.  Any of the following within the last five years shall be prima facie evidence that the applicant does not have good moral character or temperate habits:

(a)           conviction by any local, state, federal, or military court of any crime involving the illegal use, carrying, or possession of a firearm;

(b)           conviction of any crime involving the illegal use, possession, sale, manufacture, distribution, or transportation of a controlled substance, drug, narcotic, or alcoholic beverage;

(c)           conviction of a crime involving felonious assault or an act of violence;

(d)           conviction of a crime involving unlawful breaking or entering, burglary, larceny, or any offense involving moral turpitude; or

(e)           a history of addiction to alcohol or a narcotic drug.  For purposes of this Item, "conviction" means the entry of a plea of guilty, plea of no contest, or a verdict of guilty;

(4)           not have been declared by any court of competent jurisdiction incompetent by reason of mental disease or defect, or not have been involuntarily committed to an institution for treatment of mental disease or defect by a district court judge.  When an individual has been treated and found to have been restored by a psychiatrist, the Board shall consider this evidence and determine whether the applicant is mentally competent; and

(5)           not have had a revocation by the Board.

 

History Note:        Authority G.S. 74C-3; 74C-5;

Eff. January 1, 2013;

Transferred and Recodified from 12 NCAC 07D .1403 Eff. July 1, 2015.

 

14B NCAC 16 .1304          INVESTIGATION FOR UNARMED armored car service GUARD REGISTRATION

(a)  After the administrator receives a complete application for registration as an armored car service guard, the administrator shall cause to be made such further investigation of the applicant as the administrator deems necessary based upon the criminal history, financial history, or other information received.

(b)  Any denial of an applicant for registration by the administrator is subject to review by the Board.

 

History Note:        Authority G.S. 74C-3; 74C-5;

Eff. January 1, 2013;

Transferred and Recodified from 12 NCAC 07D .1404 Eff. July 1, 2015.

 

14B NCAC 16 .1305          UNARMED Armored car service GUARD REGISTRATION IDENTIFICATION CARDS

(a)  A registration identification card shall be carried by an armored car service guard registrant when performing the duties of a private protective services employee.

(b)  The registration identification card shall be exhibited upon the request of any law enforcement officer or any authorized representative of the Board.

(c)  Registration identification card holders shall within five business days notify the Board upon receipt of any information relating to the holder's eligibility to continue holding the card.

(d)  The guard transfer form and fee shall be submitted to the Board by the employer within 10 days of the beginning of employment.

(e)  Upon revocation or suspension by the Board, a holder shall return the registration identification card to the administrator within 10 days of the date of the revocation or suspension.

 

History Note:        Authority G.S. 74C-3; 74C-5;

Eff. January 1, 2013;

Transferred and Recodified from 12 NCAC 07D .1405 Eff. July 1, 2015.

 

14b NCAC 16 .1306          RENEWAL OR REISSUE OF UNARMED armored car service guard REGISTRATION

(a)  Each applicant for renewal of an unarmed armored car service guard registration identification card or his employer, shall complete a form provided by the Board.  This form shall be submitted not fewer than 30 days prior to the expiration of the applicant's current registration and shall be accompanied by:

(1)           statements of any criminal record obtained from the appropriate authority in each area where the applicant has resided within the immediately preceding 12 months or a criminal record check from the reporting service designated by the Board pursuant to G.S. 74C-8.1(a); and

(2)           the applicant's renewal fee.

(b)  Each applicant for reissue of a registration identification card shall complete, and his employer shall sign a form provided by the Board.  This form shall be submitted to the Board and accompanied by:

(1)           two head and shoulders color digital photographs of the applicant in JPG format of acceptable quality for identification, taken within six months prior to submission and submitted by e-mail to PPSASL-Photos@ncdoj.gov or by compact disc; and

(2)           the applicant's reissue fee.

(c)  The employer of each applicant for a registration renewal or reissue shall give the applicant a copy of the application that will serve as a record of application for renewal or reissue and shall retain a copy of the application in the individual's personnel file in the employer's office.

(d)  Members of the armed forces whose registration is in good standing and to whom G.S. 105-249.2 grants an extension of time to file a tax return are granted that same extension of time to pay the registration renewal fee and to complete any continuing education requirements prescribed by the Board. A copy of the military order or the extension approval by the Internal Revenue Service or by the North Carolina Department of Revenue must be furnished to the Board.

 

History Note:        Authority G.S. 74C-3; 74C-5; 78C-8.1(a);

Eff. January 1, 2013;

Transferred and Recodified from 12 NCAC 07D .1406 Eff. July 1, 2015.

 

14B ncac 16 .1307          TRAINING REQUIREMENTS FOR UNARMED Armored car service GUARDS

(a)  Applicants for an unarmed armored car service guard registration shall complete a basic training course for unarmed armored car service guards within 30 days from the date of permanent hire.  The course shall consist of a minimum of 16 hours of classroom instruction including:

(1)           The Security Officer in North Carolina – (minimum of one hour);

(2)           Legal Issues for Security Officers – (minimum of three hours);

(3)           Deportment – (minimum of one hour);

(4)           Armored Security Operations – (minimum of five hours);

(5)           Emergency Situations – (minimum of three hours); and

(6)           Safe Driver Training – (minimum of three hours);

A minimum of four hours of classroom instruction shall be completed within 20 calendar days of a probationary or regular armored car service guard being placed on a duty station.  These four hours shall include The Security Officer in North Carolina and Legal Issues for Security Officers.  Unarmed armored car service guard training is not transferable to qualify as unarmed security guard training.

(b)  Licensees shall submit their names and resumes for proposed certified unarmed trainer registrations to the Director for Board approval.

(c)  Training shall be conducted by a Board certified unarmed trainer.  A Board approved lesson plan covering the training requirements in Paragraph (a) of this Rule shall be made available to each trainer by the Board. The trainer may use other media training materials that deliver the training requirements of Paragraph (a) of this Rule.

(d)  The 16 hours of training may be delivered interactively under the following conditions:

(1)           The training is presented by a Private Protective Services Board certified unarmed trainer.

(2)           Each student is given a copy of the Private Protective Services unarmed armored car service guard training manual to use for the duration of the 16 hour training course.

(3)           The technology used allows the trainer to see the students and the students to see the trainer in real time during the training.

(4)           All students in each classroom are able to see and read the screen or monitor, and they must be able to hear and understand the audio presentation.  All monitors used in each classroom must be at least 32 inches wide.

(5)           The technology used is of sufficient quality so that the training audio and video is done smoothly and without interruption.

(6)           Each student is taught to use the audio and video equipment in the classroom prior to the start of the 16 hour unarmed security officer training course.

(7)           The total number of students receiving the interactive training at one time does not exceed 35 students.

(8)           All training not included in the NC Private Protective Services unarmed armored car service guard training manual is done either before or after the 16 hour unarmed armored car service guard training.

(9)           The Director of Private Protective Services is notified five days prior to training of the location of each classroom, the name and location of the certified trainer, and the number of students who will be present.

(10)         The sponsoring agency allows the Director or designee access via computer to the training during the time that it is taking place.

 

History Note:        Authority G.S. 74C-3; 74C-5;

Eff. January 1, 2013;

Transferred and Recodified from 12 NCAC 07D .1407 Eff. July 1, 2015.

 

14B NCAC 16 .1308          UNIFORMS AND EQUIPMENT

The provisions of Rule .0104 of this Chapter apply to unarmed armored car service guards.

 

History Note:        Authority G.S. 74C-5; 74C-12; 74C-15;

Eff. January 1, 2015;

Transferred and Recodified from 12 NCAC 07D .1408 Eff. July 1, 2015.

 

SECTION .1400 - ARMED ARMored Car SERVICE GUARDS FIREARM REGISTRATION PERMIT

 

14B NCAC 16 .1401          APPLICATION/ARMED ARMORED CAR SERVICE GUARD FIREARM REGISTRATION PERMIT

(a)  Each armored car employer or his designee shall submit and sign an application form for the registration of each armed armored car service guard applicant to the Board.  This form shall be accompanied by:

(1)           one set of classifiable fingerprints on an applicant fingerprint card;

(2)           two head and shoulders color digital photographs of the applicant in JPG format of acceptable quality for identification, taken within six months prior to submission and submitted by e-mail to PPSASL-Photos@ncdoj.gov or by compact disc;

(3)           a certified statement of the result of a criminal records search from the appropriate governmental authority housing criminal record information or clerk of superior court in each county where the applicant has resided within the immediately preceding 48 months, and if any address history contains an out of state address, a criminal record check from the reporting service designated by the Board pursuant to G.S. 74C-8.1(a);

(4)           the applicant's non-refundable registration fee;

(5)           a statement signed by a certified trainer that the applicant has successfully completed the training requirements of Rule .1407 of this Section; and

(6)           a certification by the applicant that he or she is at least 18 years of age.

(b)  The employer of each applicant for registration shall give the applicant a copy of the application and shall retain a copy of the application in the individual's personnel file in the employer's office.

(c)  The applicant's copy of the application shall serve as a temporary registration card that shall be carried by the applicant when he is within the scope of his employment and that shall be exhibited upon the request of any law enforcement officer or authorized representative of the Board.

(d)  Applications submitted without proof of completion of a Board approved firearms training course shall not serve as temporary registration cards unless the armored car employer has obtained prior approval from the Director. The Director shall grant prior approval if the armored car employer provides proof satisfactory to the Director that the applicant has received prior firearms training.

(e)  The provisions of Paragraphs (a), (b), and (c) of this Rule also apply to any employee whose employment is terminated within 30 days of employment.

 

History Note:        Authority G.S. 74C-3; 74C-5; 74C-8.1(a); 74C-13;

Eff. January 1, 2013;

Transferred and Recodified from 12 NCAC 07D .1501 Eff. July 1, 2015.

 

14B ncac 16 .1402          FEES FOR armed ARMored Car service guard FIREARM REGISTRATION PERMIT

(a)  Fees for armed armored car service guard firearm registration permits are as follows:

(1)           thirty dollars ($30.00) non-refundable initial registration fee;

(2)           thirty dollars ($30.00) annual renewal, or reissue fee; and

(3)           fifteen dollars ($15.00) application fee.

(b)  Fees shall be paid in the form of a check or money order made payable to the Private Protective Services Board.

 

History Note:        Authority G.S. 74C-3; 74C-5; 74C-9; 74C-13;

Eff. January 1, 2013;

Transferred and Recodified from 12 NCAC 07D .1502 Eff. July 1, 2015.

 

14B NCAC 16 .1403          MINIMUM STDS/ARMED ARMORED CAR service guard FIREARM REGISTRATION PERMIT

Applicants for an armed armored car firearms registration shall meet all the requirements of Rules .1303 and .1307 of this Chapter.

 

History Note:        Authority G.S. 74C-3; 74C-5; 74C-13:

Eff. January 1, 2013;

Transferred and Recodified from 12 NCAC 07D .1503 Eff. July 1, 2015.

 

14b NCAC 16 .1404          INVESTIGATION/ARMED ARMORED CAR service guard FIREARM REGISTRATION PERMIT

(a)  After the administrator receives a complete application for registration as an armed armored car service guard, the administrator shall cause to be made such further investigation of the applicant as the administrator deems necessary, based upon the criminal history, financial history, or other information received.

(b)  Any denial of an applicant for registration by the administrator is subject to review by the Board.

 

History Note:        Authority G.S. 74C-3; 74C-5; 74C-13;

Eff. January 1, 2013;

Transferred and Recodified from 12 NCAC 07D .1504 Eff. July 1, 2015.

 

14B NCAC 16 .1405          armed ARMORED CAR service guard FIREARM REGISTRATION PERMIT IDENTification CARDS

(a)  The provisions of Rule .1305 of this Chapter apply to armed armored car service guards.

(b)  Upon termination of employment of an armed armored car service guard, the employer shall return the employee's registration card to the Board within 15 days of the employee's termination.

 

History Note:        Authority G.S. 74C-3; 74C-5; 74C-13;

Eff. January 1, 2013;

Transferred and Recodified from 12 NCAC 07D .1505 Eff. July 1, 2015.

 

14B NCAC 16 .1406          RENEWAL OF armed ARMORED CAR service guard FIREARM REGISTRATION PERMIT

(a)  Each applicant for renewal of an armed armored car service guard firearm registration permit identification card or his employer shall complete a form provided by the Board.  This form shall be submitted not more than 90 days nor fewer than 30 days prior to expiration of the applicant's current armed registration and shall be accompanied by:

(1)           two head and shoulders color digital photographs of the applicant in JPG format of acceptable quality for identification, taken within six months prior to submission and submitted by e-mail to PPSASL-Photos@ncdoj.gov or by compact disc;

(2)           a certified statement of the result of a criminal records search from the appropriate governmental authority housing criminal record information or clerk of superior court in each county where the applicant has resided within the immediately preceding 12 months, and if any address history contains an out of state address, a criminal record check from the reporting service designated by the Board pursuant to G.S. 74C-8.1(a);

 (3)          the applicant's renewal fee; and

(4)           the actual cost charged to the Private Protective Services Board by the State Bureau of Investigation to cover the cost of criminal record checks performed by the State Bureau of Investigation, collected by the Private Protective Services Board.

(b)  The employer of each applicant for a registration renewal shall give the applicant a copy of the application that will serve as a record of application for renewal and shall retain a copy of the application in the individual's personnel file in the employer's office.

(c)  Applications for renewal shall be accompanied by a statement signed by a certified trainer that the applicant has successfully completed the training requirements of Rule .1407 of this Section.

(d)  Members of the armed forces whose registration is in good standing and to whom G.S. 105-249.2 grants an extension of time to file a tax return are granted that same extension of time to pay the registration renewal fee and to complete any continuing education requirements prescribed by the Board.  A copy of the military order or the extension approval by the Internal Revenue Service or by the North Carolina Department of Revenue must be furnished to the Board.

 

History Note:        Authority G.S. 74C-3; 74C-5; 74C-8.1(a); 74C-13;

Eff. January 1, 2013;

Transferred and Recodified from 12 NCAC 07D .1506 Eff. July 1, 2015.

 

14B NCAC 16 .1407          TRAINING REQUIREMENTS FOR armed ARMORED CAR service guards

(a)  Prior to applying, applicants for an armed armored car service guard firearm registration permit shall complete the basic unarmed armored car service guard training course set forth in Rule .1307(a) of this Chapter. Private Investigator Licensees applying for an armed armored car service guard firearm registration permit shall complete a four hour training course consisting of blocks of instruction "The Security Officer in North Carolina" and "Legal Issues for Security Officers" as set forth in Rule .1307(a) of this Chapter.  Private Investigator Licensees applying for an armed armored car service guard firearm registration permit are not required to complete the following training blocks found in the basic training course referenced in Rule .1307(a) of this Chapter:  "Emergency Situations," "Deportment," "Armored Security Operations," and "Safe Driver Training."  A Private Investigator Licensee applying for an armed armored car service guard firearm registration permit shall meet all additional training requirements set forth in Rule .1307(a) of this Chapter as well as the training requirements set forth in this Rule.

(b)  Applicants for an armed armored car service guard firearm registration permit shall complete a basic training course for armed security guards that consists of at least 20 hours of classroom instruction including:

(1)           legal limitations on the use of handguns and on the powers and authority of an armed security guard, including familiarity with rules relating to armed security guards -- (minimum of four hours);

(2)           handgun safety, including range firing procedures -- (minimum of one hour);

(3)           handgun operation and maintenance -- (minimum of three hours);

(4)           handgun fundamentals -- (minimum of eight hours); and

(5)           night firing -- (minimum of four hours).

(c)  Applicants for an armed armored service guard firearm registration permit shall attain a score of at least 80 percent accuracy on a firearms range qualification course adopted by the Board and the Secretary of Public Safety a copy of which is on file in the Director's office.  Should a student fail to attain a score of 80 percent accuracy as referenced above, the student shall be given an additional three attempts to qualify on the course of fire they did not pass, which additional attempts shall take place within 20 days of the completion of the initial 20 hour course.  Failure to meet the qualification after three attempts shall require the student to repeat the entire Basic Training Course for Armed Security Guards. 

(d)  All armed security guard training required by this Subchapter shall be administered by a certified trainer and shall be successfully completed no more than 90 days prior to the date of issuance of the armed armored car service guard firearm registration permit.

(e)  All applicants for an armed armored car service guard firearm registration permit shall obtain training under the provisions of this Rule using their duty weapon and their duty ammunition or ballistic equivalent ammunition, to include lead-free ammunition that meets the same point of aim, point of impact, and felt recoil of the duty ammunition, for all weapons.

(f)  No more than six new or renewal armed armored car service guard applicants per one instructor shall be placed on the firing line at any one time during firearms range training.

(g)  Applicants for re-certification of an armed armored car service guard firearm registration permit shall complete a basic recertification training course for armed armored car guards that consists of at least four hours of classroom instruction and is a review of the requirements set forth in Subparagraphs (b)(1) through (b)(5) of this Rule. The recertification course is valid for 180 days after completion of the course.  Applicants for recertification of an armed armored car service guard firearm registration permit shall also complete the requirements of Paragraph (c) of this Rule.

(h)  To be authorized to carry a standard 12 gauge shotgun in the performance of his duties as an armed armored car service guard, an applicant shall complete, in addition to the requirements of Paragraphs (a), (b) and (c) of this Rule, four hours of classroom training that shall include the following:

(1)           legal limitations on the use of shotguns;

(2)           shotgun safety, including range firing procedures;

(3)           shotgun operation and maintenance; and

(4)           shotgun fundamentals.

An applicant may take the additional shotgun training at a time after the initial training in Subparagraph (b) of this Rule.  If the shotgun training is completed at a later time, the shotgun certification shall run concurrently with the armed registration permit.

(i)  In addition to the requirements set forth in Paragraph (h) of this Rule, applicants shall attain a score of at least 80 percent accuracy on a shotgun range qualification course adopted by the Board and the Secretary of Public Safety a copy of which is on file in the Director's office.

(j)  Applicants for shotgun recertification shall complete an additional one hour of classroom training as set forth in Subparagraphs (h)(1) through (h)(4) of this Rule and shall also complete the requirements of Paragraph (i) of this Rule.

(k)  Applicants for an armed armored car service guard firearm registration permit who possess a current firearms trainer certificate shall be given, upon their written request, a firearms registration permit that will run concurrently with the trainer certificate upon completion of an annual qualification with their duty weapons as set forth in Paragraph (c) of this Rule.

(l)  An armed armored car service guard shall qualify annually for both day and night firing with his or her duty weapon and shotgun, if applicable.  If the armed armored car service guard fails to qualify on either course of fire, the guard cannot carry a firearm until such time as he or she meets the qualification requirements.  Upon failure to qualify the firearm instructor shall notify the armed armored car service guard that he or she is no longer authorized to carry a firearm, and the firearm instructor shall so notify the employer and the Private Protective Services staff on the next business day.

(m)  Armed armored car service guard personnel may also work as armed security guards only if they hold an unarmed or armed security guard registration.

 

History Note:        Authority G.S. 74C-3; 74C-5; 74C-13;

Eff. January 1, 2013;

Transferred and Recodified from 12 NCAC 07D .1507 Eff. July 1, 2015;

Amended Eff. October 1, 2015.

 

14B NCAC 16 .1408          UNIFORMS AND EQUIPMENT

The provisions of Rule .0104 of this Chapter apply to armed armored car service guards.

 

History Note:        Authority G.S. 74C-5; 74C-12; 74C-15;

Eff. January 1, 2015;

Transferred and Recodified from 12 NCAC 07D .1508 Eff. July 1, 2015.