North Carolina register

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NORTH CAROLINA
REGISTER
VOLUME 10 • ISSUE 9 • Pages 716 - 822
August 1, 1995
IN THIS ISSUE
Environment, Health, and Natural Resources
Human Resources
Justice
Refrigeration Examiners, Board of
Tax Review Board
List of Rules Codified
RRC Objections
Contested Case Decisions
PUBLISHED BY
The Office ofAdministrative Hearings
Rules Division
PO Drawer 27447
Raleigh, NC 27611-7447
Telephone (919) 733-2678
Fax (919) 733-3462
J^^
m 4 1995
This publication is printed on permanent, acid-free paper in Ctnnpkance with G.S. 125-11.13
INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE
NORTH CAROLINA REGISTER
The North Carolina Register is published mice a month and
contains information relating to agency, executive, legislative and
judicial actions required by or affecting Chapter 150B of the
General Statutes. All proposed administrative rules and notices of
pubbc heanngs tiled under G.S. 150B-21.2 must be published in
the Register. The Register will typically compnse approximately
fifty pages per issue of legal text.
State law requires that a copy of each issue be provided free of
charge to each count) in the state and to vanous state officials and
institutions.
The North Carolina Register is available by yearl)' subscnption
at a cost of one hundred and twent\' dollars ($120.00) for 24
issues. Individual issues ma\ be purchased for ten dollars
(SIO.OO).
Requests for subscnption to the North Carolina Register should
be directed to the Office of Admimstrative Heanngs, PO Drawer
27447, Raleigh. NC 27611-7447.
ADOPTION. .\MENDMENT, AND REPEAL OF RULES
The following is a generalized statement of the procedures to be
followed for an agenc>' to adopt, amend, or repeal a rule. For the
specific statutory authority . please consult Article 2A of Chapter
150B of the General Statutes.
Any agency intending to adopt, amend, or repeal a rule must
first pubhsh notice of the proposed action in the North Carolina
Register. The notice must include the time and place of the pubhc
hearing (or instructions on hou a member of the pubhc may
request a hearing); a statement of procedure for public comments;
the text of the prop<ised rule or the statement of subject matter; the
reason tor the proposed action; a reference to the statutory
authonty for the action and the proposed effective date.
Unless a specific statute provides otherwise, at least 15 days
must elapse following pubhcation of the notice in the North
CaroUna Register before the agency may conduct the public
hearing and at least 30 days must elapse before the agency can take
action on the proposed rule. An agency may not adopt a rule that
differs substantially from the proposed form pubhshed as part of
the pubUc notice, until the adopted version has been pubhshed in
the North Carolina Register for an additional 30 day comment
period.
VMien final action is taken, the promulgating agenc_\ must file the
rule with the Rules Review Commission (RRCj. After approval
by RRC, the adopted rule is filed with the Office of Admimstrati\'e
Heanngs (OAH).
A rule or amended rule generall\' becomes effective 5 business
da_\s after the rule is filed with the Office of Administrarive
Heanngs for pubhcation in the North Carohna Admimstrative
Code (NCAC).
PrcTposed action on rules may be withdrawn by the promulgating
agency at any time before final action is taken by the agency or
before fihng with OAH for pubhcation in the NCAC.
TEMPORARY RULES
Under certain emergency conditions, agencies mav issue
temporary rules. Within 24 hours of submission to OAH, the
Codifier of Rules must review the agency's wntten statement of
findings of need for the temporary rule pursuant to the provisions
in G.S. 150B-21.1. If the Codifier determines that the findings
meet the cntena in G.S. 150B-21.1. the rule is entered into the
NCAC. If the Codifier determines that the findings do not meet
the cntena. the rule is returned to the agency. The agency may
supplement its findings and resubmit the temporary rule for an
additional review or the agency may respond that it will remain
with its imfial position. The Codifier. thereafter. wiU enter the
rule into the NCAC. A temporary rule becomes effective either
when the Codifier of Rules enters the rule in the Code or on the
sixth business day after the agency resubmits the rule without
change. The temporary rule is in effect for the penod specified in
the rule or 180 days, whichever is less. An agency adopting a
temporan rule must begin rule-making procedures on the
permanent rule at the same time the temporary rule is tiled with
the Codifier.
NORTH CAROLINA ADMINISTRATIVE CODE
The North Carohna Administrative Code (NCAC) is a
compilation and index of the admimstrative rules of 25 state
agencies and 40 occupational hcensing boards. Compilation and
pubhcation of the NCAC is mandated by G.S. 150B-21.18.
The Code is divided mto Tides and Chapters. Each state agency
IS assigned a separate tide which is further broken down by
chapters. Title 21 is designated for occupational licensing boards.
The NCAC is available in tw,'o formats.
(1) Single pages may be obtained at a mimmum cost of
tuo dollars and 50 cents (S2.50) for 10 pages or less,
plus fifteen cents ($0.15) per each additional page.
Requests for pages of rules or volumes of the NCAC
should be directed to the Office of Admimstrative
Hearings.
(2) The ftiU publicaQon and supplement ser^'ice is pnnted
and distnbuted by Barclays Law Pubh.shers. It is
a\'ailable in hardcop)'. CD-ROM and diskette format.
For subscnption information, call 1-800-888-3600.
CITATION TO THE NORTH CAROLINA REGISTER
The North Carolina Register is cited by volume, issue, page
number and date. 10:01 NCR 1-67, April 3. 1995 refers to
Volume 10. Issue 1. pages 1 through 67 of the North Carolina
Register issued on Apnl 3. 1995.
FOR INFORMATION CONTACT: Office of Admimstrative Heanngs. ATTN: Rules Division, PO Drawer 27447. Ralciijh.
NC :^611-'^447. (919) 733-2678. F.AX (91Q) 733-3462.
NORTH CAROLINA IN THIS ISSUE
Volume 1 O, Issue 9
Pages 7 1 6 - 822
August 1 , 1 995
This issue contains documents officially
filed through July 18, 1995.
I. IN ADDITION
Tax Review Board 716 - 721
n. PROPOSED RULES
Environment, Health, and Natural Resources
Coastal Resources Commission 752 - 781
Human Resources
Social Services Commission 722 - 723
Justice
Sheriffs' Education and Training Standards
Commission 723 - 751
Licensing Board
Refrigeration Examiners 781 - 782
III. LIST OF RULES CODIFIED 783 786
IV. RRC OBJECTIONS 787-792
Office of Administrative Hearings
Rules Division
424 North Blount Street (27601)
PO Drawer 27447
Raleigh, NC 27611-7447
(919) 733-2678
FAX (919) 733-3462
Julian Mann m. Director
James R. Scarcella Sr., Deputy Director
Molly Masich, Director of APA Services
Ruby Creech, Publications Coordinator
Teresa Kilpatrick, Editorial Assistant
Jean Shirley, Editorial Assistant
V. CONTESTED CASE DECISIONS
Index to AU Decisions 793-804
Text of Selected Decisions
95 DOJ 0444 805-808
95 OSP 0055 809-812
VI. CUMULATIVE INDEX 814-822
NORTH CAROLINA REGISTER
Publication Schedule
(November 1994 - September 1995)
Volume
and
Issue
Number
Issue
Date
Last Day
for Fil-ing
Last Day
for Elec-tronic
Filing
Earliest
Date for
Public
Hearing
15 days
from
notice
* End of
Required
Comment
Period
30 days
from
notice
Last Day
to Submit
toRRC
** EarUest
Effective
Date
9:15 11/01/94 10/11/94 10/18/94 11/16/94 12/01/94 12/20/94 02/01/95
9:16 11/15/94 10/24/94 10/31/94 11/30/94 12/15/94 12/20/94 02/01/95
9:17 12/01/94 11/07/94 11/15/94 12/16/94 01/03/95 01/20/95 03/01/95
9:18 12/15/94 11/22/94 12/01/94 12/30/94 01/17/95 01/20/95 03/01/95
9:19 01/03/95 12/08/94 12/15/94 01/18/95 02/02/95 02/20/95 04/01/95
9:20 01/17/95 12/21/94 12/30/94 02/01/95 02/16/95 02/20/95 04/01/95
9:21 02/01/95 01/10/95 01/18/95 02/16/95 03/03/95 03/20/95 05/01/95
9:22 02/15/95 01/25/95 02/01/95 03/02/95 03/17/95 03/20/95 05/01/95
9:23 03/01/95 02/08/95 02/15/95 03/16/95 03/31/95 04/20/95 06/01/95
9:24 03/15/95 02/22/95 03/01/95 03/30/95 04/17/95 04/20/95 06/01/95
10:1 04/03/95 03/13/95 03/20/95 04/18/95 05/03/95 05/22/95 07/01/95
10:2 04/17/95 03/24/95 03/31/95 05/02/95 05/17/95 05/22/95 07/01/95
10:3 05/01/95 04/07/95 04/17/95 05/16/95 05/31/95 06/20/95 08/01/95
10:4 05/15/95 04/24/95 05/01/95 05/30/95 06/14/95 06/20/95 08/01/95
10:5 06/01/95 05/10/95 05/17/95 06/16/95 07/03/95 07/20/95 09/01/95
10:6 06/15/95 05/24/95 06/01/95 06/30/95 07/17/95 07/20/95 09/01/95
10:7 07/03/95 06/12/95 06/19/95 07/18/95 08/02/95 08/21/95 10/01/95
10:8 07/14/95 06/22/95 06/29/95 07/31/95 08/14/95 08/21/95 10/01/95
10:9 08/01/95 07/11/95 07/18/95 08/16/95 08/31/95 09/20/95 11/01/95
10:10 08/15/95 07/25/95 08/01/95 08/30/95 09/14/95 09/20/95 11/01/95
10:11 09/01/95 08/11/95 08/18/95 09/18/95 10/02/95 10/20/95 12/01/95
10:12 09/15/95 08/24/95 08/31/95 10/02/95 10/16/95 10/20/95 12/01/95
This table is published as a public service, and the computation of time periods are not to be deemed binding
or controlling. Time is computed according to 26 NCAC 2B .0103 and the Rules of Civil Procedure, Rule 6.
* An agency must accept comments for at least 30 days after the proposed text is published or until the date
of any public hearing, whichever is longer. See G.S. 150B-2 1.2(f) for adoption procedures.
** The "Earliest Effective Date" is computed assuming that the agency follows the publication schedule above,
that the Rules Review Commission approves the rule at the next calendar month meeting after submission, and
that RRC delivers the rule to the Codifier of Rules five (5) business days before the 1st day of the next calendar
month.
Revised 10/94
7/V ADDITION
This Section contains public notices that are required to be published in the Register or have been approved by the
Codifier of Rules for publication.
STATE OF NORTH CAROLINA
COUNTY OF WAKE
BEFORE THE
TAX REVIEW BOARD
IN THE MATTER OF:
The Proposed Assessment of Controlled Substance Excise
tax for possession of non-tax-paid Controlled Substance
on August 4, 1992 by the Secretary of Revenue
against John B. Melville, Jr. and David J. Collins
ADMINISTRATIVE
DECISION NUMBER: 300
THIS MATTER was heard before the Tax Review Board on April 11, 1995 in the City of Raleigh, Wake County,
North Carolina in the office of the State Treasurer. It is involves the Petitions of John B. Melville, Jr. and David J. Collins
(hereinafter "Taxpayers") from the Final Decision of Michael A. Hannah, Assistant Secretary for Legal and Administrative
Services (hereinafter "Assistant Secretary") entered on January 14, 1994 sustaining a proposed assessment of controlled
substance excise tax for possession of non-tax-paid controlled substance.
Chairman Harlan E. Boyles, State Treasurer presided over the hearing with Hugh A. Wells, Chairman Utilities
Commission and duly appointed member, Jeff D. Batts, Attorney at Law participating.
Walter W. Vatcher and Charles K. Medlin, Jr., Attorneys at Law, appeared on behalf of the Taxpayers; Christopher
E. Allen, Assistant Attorney General, appeared on behalf of the Department of Revenue.
On administrative review to this Board, the Taxpayers argued that the Assistant Secretary erred in sustaining the
assessment of the controlled substance tax in the sum of $79,380.00, interest in the sum of $89.81 and penalty in the sum
of $13,404.00. The Taxpayers also argued that the statute under which the tax is assessed is unconstitutional.
The Board's review of the facts show that the Taxpayers arranged to purchase fifty (50) pounds of marijuana from
a State Bureau of Investigation informant. On August 4, 1992, the informant delivered the marijuana to a site designated
by the Taxpayers. The informant then collected payment for the marijuana from the Taxpayers at Melville's residence. On
August 4, 1992 the Taxpayers drove to the designated deliver site where they were arrested. Notices of Assessment were
prepared and served on the Taxpayers pursuant to the provisions of N.C.G.S. §105-241.1.
N.C.G.S. §105-113.105 et^ seq. provides for the levy of an excise tax on persons (dealers) who possess a
non-tax-paid controlled substance. The tax is due within 48 hours after the dealer acquires a non-tax-paid controlled
substance. The proposed assessment of the excise tax is presumed to be correct pursuant to N.C.G.S. §105-241. 1(a), thus
the burden is on the Taxpayers to overcome this presumption and rebut the assessment.
The purpose of this Board is to provide administrative review to Taxpayers from the Secretary of Revenue's decision
sustaining the assessment of tax or additional tax pursuant to North Carolina Revenue Laws. The Board after review of the
factual situation and the application of the statute to those facts renders its decision. N.C.G.S. § 105-241.2 provides that
the Board's decision shall confirm, modify, reverse, reduce, or increase the assessment or decision of the Secretary.
N.C.G.S. § 105-241.2 does not give this administrative board the authority or jurisdiction to rule on the constitutionality of
a statute. Great Am. Ins. Co. v. Gold, 254 N.C. 168, 118 S.E.2d. 792 (1961).
10:9 NORTH CAROLINA REGISTER August 1, 1995 716
IN ADDITION
THE BOARD HAVING REVIEWED THE PETITIONS AND RECORD MADE IN THE PROCEEDING AND
HAVING CAREFULLY CONSIDERED THE MATTERS OF RECORD AND THE ARGUMENTS PRESENTED
RENDERED THE FOLLOWING DECISION: that the findings of fact made by the Assistant Secretary were fully
supported by competent evidence in the record; that the conclusions of law made by the Assistant Secretary were fully
supported by the findings of fact; and that the decision by the Assistant Secretary sustaining the tax assessment was fiilly
supported by the conclusions of law. From the record, there was a reasonable basis to presume that the Taxpayers were
in possession of the controlled substance. Pursuant to N.C.G.S. §105-241. 1(a), the proposed assessment of the excise tax
is presumed to be correct. The Taxpayers failed to produce evidence to overcome the presumption and rebut the assessment.
i
IT IS THEREFORE ORDERED, that the Board confirms the Assistant Secretary's final decision as to the
assessment of the tax m the amount of $79,380.00 but reverses the final decision as to penalty imposed against the Taxpayers
and modifies the assessment of the penalty to be applicable only to the net amount of the tax assessed remaining unpaid after
the application of any amount received by the garnishment filed by the Department of Revenue.
Since the Tax Review Board is not empowered to pass up>on the constitutionality of a statute, or its application to
a particular assessment or taxpayer, the Taxpayers' argument as to the constitutionality of the statute was not properly before
this forum.
Entered this the 10th day of July, 1995.
TAX REVIEW BOARD
Harlan E. Boyles, Chairman
State Treasurer
Hugh Wells, Chairman
Utilities Commission
Jeff D. Batts, Member
717 NORTH CAROLINA REGISTER August 1, 1995 10:9
IN ADDITION
STATE OF NORTH CAROLINA
COUNTY OF WAKE
BEFORE THE
TAX REVIEW BOARD
IN THE MATTER OF:
The Proposed Assessment of Controlled Substance Excise
tax for possession of non-tax-paid Controlled Substance
on March 4, 1992 by the Secretary of Revenue against
Clinton Ray Price
ADMINISTRATrVE
DECISION NUMBER: 301
THIS MATTER was heard before the Tax Review Board on June 7, 1995 in the City of Raleigh, Wake County,
North Carolina in the office of the State Treasurer. It is involves the Petition of Clinton Ray Price (hereinafter "Taxpayer")
from the Final Decision of Michael A. Hannah, Assistant Secretary for Legal and Administrative Services (hereinafter
"Assistant Secretary") entered on June 22, 1994 sustaining a proposed assessment of controlled substance excise tax for
possession of non-tax-paid controlled substance.
Chairman Harlan E. Boyles, State Treasurer presided over the hearing with Hugh A. Wells, Chairman Utilities
Commission and duly appointed member, Jeff D. Batts, Attorney at Law participating.
David B. Freedman, Attorney at Law, apjjeared on behalf of the Taxpayer; Christopher E. Allen, Assistant Attorney
General, appeared on behalf of the Department of Revenue.
On administrative review to this Board, the Taxpayer argued that the Assistant Secretary erred in sustaining the
assessment of the controlled substance excise tax. The Taxpayer also argued that the statute under which the tax is assessed
is unconstitutional.
N.C.G.S. §105-113.105 et^ seq. provides for the levy of an excise tax on persons (dealers) who possess a
non-tax-paid controlled substance. The tax is due within 48 hours after the dealer acquires a non-tax-paid controlled
substance. The proposed assessment of the excise tax is presumed to be correct pursuant to N.C.G.S. §105-241. 1(a), thus
the burden is on the Taxpayer to overcome this presumption and rebut the assessment.
The purpose of this Board is to provide administrative review to Taxpayers from the Secretary of Revenue's decision
sustaining the assessment of tax or additional tax pursuant to North Carolina Revenue Laws. The Board after review of the
factual situation and the application of the statute to those facts renders its decision. N.C.G.S. § 105-241.2 provides that
the Board's decision shall confirm, modify, reverse, reduce, or increase the assessment or decision of the Secretary.
N.C.G.S. § 105-241.2 does not give this administrative board the authority or jurisdiction to rule on the constitutionality of
a statute. Great Am. Ins. Co. v. Gold, 254 N.C. 168, 118 S.E.ld. 792 (1961).
THE BOARD HAVING REVIEWED THE PETITION AND RECORD MADE IN THIS PROCEEDING AND
HAVING CAREFULLY CONSIDERED THE MATTERS OF RECORD AND THE ARGUMENTS PRESENTED
RENDERED THE FOLLOWING DECISION: that the findings of fact made by the Assistant SecreUry were fiiUy
supported by competent evidence in the record; that the conclusions of law made by the Assistant Secretary were fully
supported by the findings of fact; and that the decision by the Assistant Secretary sustaining the tax assessment was fully
supported by the conclusions of law. From the record, there was a reasonable basis to presume that the Taxpayer was in
possession of the controlled substance. Pursuant to N.C.G.S. §105-241. 1(a), the proposed assessment of the excise tax is
presumed to be correct. There was no evidence in the record to rebut that presumption.
IT IS THEREFORE ORDERED, that final decision of the Assistant Secretary sustaining the assessment is
CONFIRMED.
10:9 NORTH CAROLINA REGISTER August 1, 1995 718
IN ADDITION
Since the Tax Review Board is not empowered to pass upon the constitutionality of a statute, or its application to
a particular assessment or taxjjayer, the Taxpayer's argument as to the constitutionality of the statute was not properly before
this forum.
Entered this the 11th day of July, 1995. {
TAX REVIEW BOARD
Harlan E. Boyles, Chairman
State Treasurer
Hugh Wells, Chairman
Utilities Commission
Jeff D. Batts, Member
(
719 NORTH CAROLINA REGISTER August 1, 1995 10:9
IN ADDITION
STATE OF NORTH CAROLINA
COUNTY OF WAKE
BEFORE THE
TAX REVIEW BOARD
IN THE MATTER OF:
The Proposed Assessment of Controlled Substance Excise
tax for possession of non-tax-paid Controlled Substance
on May 6, 1993 by the Secretary of Revenue against
Bill Hall
ADMINISTRATFVE
DECISION NUMBER: 302
THIS MATTER was heard before the Tax Review Board on June 7, 1995 in the City of Raleigh, Wake County,
North Carolina in the office of the State Treasurer. It is involves the Petition of Bill Hall (hereinafter "Taxpayer") from
the Final Decision of Michael A. Hannah, Assistant Secretary for Legal and Administrative Services (hereinafter "Assistant
Secretary") entered on February 1, 1995 sustaining a proposed assessment of controlled substance excise tax for possession
of non-tax-paid controlled substance.
Chairman Harlan E. Boyles, State Treasurer presided over the hearing with Hugh A. Wells, Chairman Utilities
Commission and duly apf>ointed member, Jeff D. Batts, Attorney at Law participating.
The Taxpayer and his attorney of record did not appear at the hearing; Christopher E. Allen, Assistant Attorney
General, appeared on behalf of the Department of Revenue.
On administrative review to this Board, the Taxpayer argued that the Assistant Secretary erred in sustaining the
assessment of the controlled substance excise tax because he denied possession of the controlled substance. Taxpayer also
argued that the statute under which the tax is assessed is unconstitutional.
N.C.G.S. §105-113.105 et^ seq. provides for the levy of an excise tax on persons (dealers) who possess a
non-tax-paid controlled substance. The tax is due within 48 hours after the dealer acquires a non-tax-paid controlled
substance. The propwsed assessment of the excise tax is presumed to be correct pursuant to N.C.G.S. §105-241. 1(a), thus
the burden is on the Taxpayer to overcome this presumption and rebut the assessment.
The purpose of this Board is to provide administrative review to Taxpayers from the Secretary of Revenue's decision
sustaining the assessment of tax or additional tax pursuant to North Carolina Revenue Laws. The Board after review of the
factual situation and the application of the statute to those facts renders its decision. N.C.G.S. § 105-241.2 provides that
the Board's decision shall confirm, modify, reverse, reduce, or increase the assessment or decision of the Secretary.
N.C.G.S. § 105-241.2 does not give this administrative board the authority or jurisdiction to rule on the constitutionality of
a statute. Great Am. Ins. Co. v. Gold, 254 N.C. 168, 118 S.E.ld. 792 (1961).
THE BOARD HAVING REVIEWED THE PETITION AND RECORD MADE IN THIS PROCEEDING AND
HAVING CAREFULLY CONSIDERED THE MATTERS OF RECORD AND THE ARGUMENTS PRESENTED
RENDERED THE FOLLOWING DECISION: that the findings of fact made by the Assistant Secretary were ftilly
supported by competent evidence in the record; that the conclusions of law made by the Assistant Secretary were fully
supported by the findings of fact; and that the decision by the Assistant Secretary sustaining the tax assessment was fully
supported by the conclusions of law. From the record, there was a reasonable basis to presume that the Taxpayer was in
possession of the controlled substance. Pursuant to N.C.G.S. §105-241. 1(a), the projx)sed assessment of the excise tax is
presumed to be correct. There was no evidence in the record to rebut that presumption.
IT IS THEREFORE ORDERED, that final decision of the Assistant Secretary sustaining the assessment is
CONFIRMED.
10:9 NORTH CAROLINA REGISTER August 1, 1995 720
IN ADDITION
Since the Tax Review Board is not empowered to pass upon the constitutionality of a sUtute, or its application to
a particular assessment or taxpayer, the Taxpayer's argument as to the constitutionahty of the statute was not properly before
this forum.
Entered this the 11th day of July, 1995. i
TAX REVIEW BOARD
Harlan E. Boyles, Chairman
State Treasurer
Hugh Wells, Chairman
Utilities Commission
Jeff D. Batts, Member
721 NORTH CAROLINA REGISTER August I, 1995 10:9
PROPOSED RULES
TITLE 10 - DEPARTMENT OF HUMAN
RESOURCES
Notice is hereby given in accordance with G.S.
150B-21.2 that the Social Services Commission intends
to amend rules cited as 10 NCAC 39D .0302 and .0303.
Proposed Effective Date: November 1, 1995.
A Public Hearing will be conducted at 10:00 a.m. on
September 6, 1995 a: the Albemarle Building, Room 943-2,
325 N. Salisbury Street, Raleigh, NC 27603.
Reason for Proposed Action:
10 NCAC 39D .0302 - to eliminate the nine month limit on
the duration of Work Experience participation and will allow
greater flexibdity in placing participants in Work Experi-ence.
10 NCAC39D .0303 - to allow the State more flexibility in
meeting education and training needs of program partici-pants
in Post-secondary Education and training.
Comment Procedures: Comments may be presented in
writing anytime before or at the public hearing or orally at
the hearing. Time limits for oral remarks may be imposed
by the Commission Chairman. Any person may request
copies of these rules by calling or writing to Shamese
Ransome, Special Assistant, NC Division of Social Ser\'ices,
325 N. Salisbury Street, Raleigh, NC 27603, 919/733-3055.
Fiscal Note: These Rules do not affect the expenditures or
revenues of local government or state finds.
CHAPTER 39 - EMPLOYMENT PROGRAMS
2873 .
Authority G.S. 1438-153; 42 U.S.C. 682(a)(2).
.0303 POST-SECONDARY EDUCATION
(ft) The criteria for determining when post-secondary
education, as defined in 45 CFR 250. 1 and 45 CFR 250.46,
is appropriate for JOBS participants shall be:
fi^ A partioipant has earned a high oohool diploma
or ita oquivolont;
(5) iXl The program of study offered at the
post-secondary institution is directly related to
the participant's employment goal as defined in
the JOBS employability plan; and
(^ (2) Tbo dotormination of ap>propriatono33 ia mndo
by an educational assessment,
(b) Payment for tuition and fooo oholl bo no more than the
tuition and foo mtoe for tho local or regional atato 9upp>ortod
inatimtion. 45 CFR 250.1 and 45 CFR 250.46 are hereby
incorporated by reference including all subsequent amend-ments
and editions. Copies of this Rule may be obtained by
contacting the North Carolina Division of Social Services,
Employment Programs Section, 325 North Salisbury Street,
Raleigh. North Carolina. 27603, 919/733-2873.
Authority' G.S. 143B-153; 42 U.S.C. 682(a)(2).
Notice is hereby given in accordance with G.S.
150B-21.2 that the Social Services Commission intends
to amend rule cited as 10 NCAC 42H .0911.
Proposed Effective Date: December 1 , 1995.
SUBCHAPTER 39D - JOB OPPORTUNTTEES AND
BASIC SKILLS TRAINING (JOBS) PROGRAM
SECTION .0300 - JOBS PROGRAM COMPONENTS
AND ACTIVrriES
.0302 WORK EXPERIENCE
(ft)—Work oxfwrionoo participation shall not oxoood nine
months during any period of AFEKT oligibility.
(b)
—
A participant who io a parent in any family eligible
for AFDC by reason of tho unemployment of the parent
who is tho principle wage earner ahall not bo subject to tho
time litnitationa doocribed in Paragraph (a) of this Rule .
fe) A JOBS participant may volunteer to participate in
work experience for more than the maximum number of
hours as defined in 45 CFR 250.63. 45 CFR 250.63 is
hereby incorporated by reference including all subsequent
amendments and editions. Copies of this Rule may be
obtained by contacting the North Carolina Division of Social
Services, Employment Programs Section, 325 North
Salisbury Street. Raleigh. North Carolina. 27603. 919/733- Fiscal Note: This Rule does not affect the expenditures or
A Public Hearing wUl be conducted at 10:00 a.m. on
September 6, 1995 at the Albemarle Building, Room 943-2,
325 N. Salisbury Street, Raleigh. NC 27603.
Reason for Proposed Action: To clarify the original intent
of the rule, which is to allow agencies to decide whether or
not adult client relatives, as defined in the rule, may be
employed as in-home aides. In addition, the rule is being
proposedfor amendment to give agencies the sameflexibility
in making a decision about hiring a client relative to serve
as a child's in-home aide.
Comment Procedures: Comments may be presented
anytime before or at the public hearing or orally at the
hearing. Time limits for oral remarks may be imposed by
the Commission Chairman. Any person may request copies
of this rule by calling or writing to Shamese Ransome,
Special Assistant, NC Division of Social Serx'ices, 325 N.
Salisbury Street, Raleigh, NC 27603, 919/733-3055.
10:9 NORTH CAROLINA REGISTER August 1, 1995 722
PROPOSED RULES
revenues of local government or state funds.
CHAPTER 42 - INDIVIDUAL AND FAMILY
SUPPORT
SUBCHAPTER 42H - IN-HOME AIDE SERVICES
SECTION .0900 - PROGRAM REQUIREMENTS
.0911 SELECTION OF AIDES
{tt)—Tho following persons ghall bo allowed to bofi'o qj3
in homo aidoo for adults:
{4^ Non relativeo who are 1 8 yooro of age or older
who aro oompetont to perform tho tncko noodod
by tho cliont.
(3) Tho client's rolatis'os, who for this purpose aro
parent, opouoe . ohild or oibling, who are 1 8
yoaro of age or oldor and who give up employ
ment or tho opportunity' for omploymont in order
to perform the soi^'ioo and who aro oompotent to
perform tho toolco needed by the client,
(b) Non relativoG who are 1 8 years of age or older who
are competent to pwrform the taaka needed by tho cliont shall
bo allowed to servo oa in homo aidoo for childron and their
famili es.
Agencies providing in-home aide services must have a
written policy regarding who may serve as in-home aides.
The written policy shall include, at a minimum, the follow-ing
information about who may serve as in-home aides:
(1) aides shall be 18 years of age or older or emanci-pated
minors; and
(2) aides shall be persons who have demonstrated
competency to perform the tasks needed by the
client; and
(3) whether or not the agency allows the hiring of
relatives to serve as a client's in-home aide. If
the agency allows a relative to be a client's in-home
aide, the policy must also contain the fol-lowing
reguirementsj.
(a) that the relative of the client for this purpose is
either a parent, spouse, child, or sibling of the
client, including step relations of the client for
any of those; and
(b) that the relative must have given up employment
or the opportunity for employment in order to
perform the tasks needed by the client; and
£4) any other hiring guidelines established by the
agency.
Statutory Authority G.S. 143B-153.
TITLE 12 - DEPARTMENT OF JUSTICE
Notice is hereby given in accordance with G.S.
150B-21.2 that the North Carolina Sheriffs' Education
and Training Standards Commission intends to amend rules
cued as 12 NCAC lOB .0102 - .0103, .0105, .0204, .0301,
.0304, .0307, .0401 - .0403, .0405, .0407 - .0409, .0502
- .0503, .0505, .0601 - .0607, .0702 - .0706, .0801 -
.0803, .0901, .0903 - .0906, .0908- .0912, .1004- .1005,
. 1201 - . 1205.
Proposed Effective Date: January 1, 1996.
A Public Hearing will be conducted at 9:00 a.m. on
September 13, 1995 at the Rowan-Cabarrus Community
College, Rooms 302A and 302B, Salisbury, North Carolina
28145-1595.
Reason for Proposed Action: To amend rules in compli-ance
with certain statutory changes or in the discretion of
the Sheriffs' Commission. To make certain technical
changes as requested by the Rules Review Commission last
year.
Comment Procedures: Copies of the proposed rule
changes are available from the North Carolina Department
ofJustice - Sheriffs' Standards Division, PO Box 629, 104
Fayetteville St. Mall, Raleigh, North Carolina 27602-0629,
(919) 733-9236. Written comments will be accepted until
the close of the business day on Monday, September 8, 1995
and should be addressed to Joan Neuner, Director at the
above address. Public comment is also welcome during the
Public Rule-Making Hearing on September 13, 1995
beginning at 9:00 a.m. at Rowan-Cabarrus Community
College, Rooms 302A&B in Salisbury, North Carolina.
Fiscal Note: These Rules do not affect the expenditures or
re\'enues of state or local government funds.
CHAPTER 10 - N.C. SHERIFFS' EDUCATION AND
TRAINING STANDARDS COMAHSSION
SUBCHAPTER lOB - NC SHERIFFS' EDUCATION
AND TRAINING STANDARDS COMMISSION
SECTION .0100 - COMAHSSION ORGANIZATION
ANT) PROCEDURES
.0102 PURPOSE
The purpose of the commission is not only to continually
raise the level of competence within the sheriffs' depart-ments,
but to recognize and deal with the particular educa-tion
and training needs of sheriffs and their deputies and
jailors detention officers by:
(1) Establishing minimum standards for employment
and retention;
(2) Estabhshing minimum standards for education and
training;
(3) Promoting the planning and development of
systematic career development programs by
providing and encouraging advanced or specialized
training, education and certification;
723 NORTH CAROLINA REGISTER August 1, 1995 10:9
PROPOSED RULES
(4) Planning and promoting the development and
improvement of a comprehensive system of
education and training in the administration of law
enforcement;
(5) Conducting and initiating research and planning by
public and private agencies, designed to improve
education and training in the administration of law
enforcement;
(6) Studying the recruitment, selection, education and
training of sheriffs' department personnel and
recommending improvements in such methods;
and
(7) Maintaining liaison among local, state and federal
agencies with respect to North Carolina Sheriffs'
Education and Training.
Statutory Authority G. S. 1 7E-4.
.0103 DEFINmONS
In addition to the definitions set forth in G.S. 17E-2, the
following definitions apply throughout this Chapter, unless
the context clearly requires otherwise:
(1) "Appointment" as it applies to a deputy sheriff
means the date the deputy's oath of office is
administered, and as it applies to a jail er detention
officer means either the date the jailer's detention
officer's oath of office was administered, if
applicable, or the jailor'a detention officer's actual
date of employment as reported on the Report of
Appointment (Form F-4) by the employing
agency, whichever is earlier.
(2) "Convicted" or "Conviction" means and includes,
for purposes of this Chapter, the entry of:
(a) a plea of guilty;
(b) a verdict or fmding of guilt by a jury, judge,
magistrate, or other duly constituted, estab-
Ushed, and recognized adjudicating body, tribu-nal,
or official, either civilian or military; or
(c) a plea of no contest, nolo contendere, or the
equivalent.
(3) "Department Head" means the chief administrator
of any criminal justice agency. Department head
includes the sheriff or a designee formally ap-pointed
in writing by the Department head.
(4) "Director" means the Director of the Sheriffs'
Standards Division of the North Carolina Depart-ment
of Justice.
(5) "Division" means the Sheriffs' Standards Division.
(6) "High School" means a school accredited as a
high school by:
(a) the Department or Board of Education of the
state in which the high school is located; or
(b) the recognized regional accrediting body; or
(c) the state university of the state in which the high
school is located.
(7) "Enrolled" means that an individual is currently
actively participating in an on-going formal pre-sentation
of a commission-accredited basic training
course which has not been concluded on the day
probationary certification expires.
(8) "Essential Job Functions" means those tasks
deemed by the agency head to be necessary for the
proper performance of a justice officer.
(9) "Lateral Transfer" means certification of a justice
officer when the applicant for certification has
previously held general or grandfather certification
as a justice officer or a criminal justice officer as
defined in G.S. 17C-2(c), excluding state correc-tional
officers, state probation/parole officers, and
state youth services officers, provided the appli-cant
has been separated from a sworn law enforce-ment
position for no more than one year, or has
had no break in service.
(10) "Misdemeanor" means those criminal offenses not
classified by the North Carolina General Statutes,
the United States Code, the common law, or the
courts as felonies. Misdemeanor offenses are
classified by the Commission as follows:
(a) "Class A Misdemeanor" means an act committed
or omitted in violation of any common law, duly
enacted ordinance or criminal statute of this state
which is not classified as a Class B Misde-meanor
pursuant to Sub-item (10)(b) of this
Rule. Class A Misdemeanor also includes any
act committed or omitted in violation of any
common law, duly enacted ordinance, criminal
statute, or criminal traffic code of any jurisdic-tion
other than North Carolina, either civil or
military, for which the maximum punishment
allowable for the designated offense under the
laws, statutes, or ordinances of the jurisdiction
in which the offense occurred includes imprison-ment
for a term of not more than six months.
Sfjecifically excluded from this grouping of
"Class A Misdemeanor" criminal offenses for
jurisdictions other than North Carolina, are
motor vehicle or traffic offenses designated as
misdemeanors under the laws of other jurisdic-tions,
or duly enacted ordinances of an autho-rized
governmental entity with the exception of
the offense of impaired driving which is ex-pressly
included herein as a Class A Misde-meanor,
if the offender could have been sen-tenced
for a term of not more than six months.
Also specifically included herein as a Class A
Misdemeanor is the offense of impaired driving,
if the offender was sentenced under punishment
level three [G.S. 20-179(i)], level four [G.S. 20-
179(j)], or level five [G.S. 20-179(k)]. Class A
Misdemeanor shall also include acts committed
or omitted in North Carolina prior to October 1
,
1994 in violation of any common law, duly
enacted ordinance or criminal statute, of this
state for which the maximum punishment allow-
10:9 NORTH CAROLINA REGISTER August 1, 1995 724
PROPOSED RULES
able for the designated offense included impris-onment
for a term of not more than six months,
(b) "Class B Misdemeanor" means an act committed
or omitted in violation of any common law,
criminal statute, or criminal traffic code of this
state which is classified as a Class B Misde-meanor
as set forth in the "Class B Misde-meanor
Manual" as published by the North
Carolina Department of Justice and shall auto-matically
include any later amendments and
editions of the incorporated material as provided
by G.S. 150B-21.6. Copies of the publication
may be obtained from the North Carolina De-partment
of Justice, Post Office Box 629, Ra-leigh,
North Carolina 27602. There is no cost
per manual at the time of adoption of this Rule.
Class B Misdemeanor also includes any act
committed or omitted in violation of any com-mon
law, duly enacted ordinance, criminal
statute, or criminal traffic code of any jurisdic-tion
other than North Carolina, either civil or
military, for which the maximum punishment
allowable for the designated offense under the
laws, statutes, or ordinances of the jurisdiction
in which the offense occurred includes imprison-ment
for a term of more than six months but not
more than two years. Specifically excluded
from this grouping of "Class B Misdemeanor"
criminal offenses for jurisdictions other than
North Carolina, are motor vehicle or traffic
offenses designated as being misdemeanors
under the laws of other jurisdictions with the
following exceptions: Class B Misdemeanor
does expressly include, either first or subsequent
offenses of driving while impaired if the maxi-mum
allowable punishment is for a term of
more than six months but not more than two
years, and driving while license permanently
revoked or permanently suspended. "Class B
Misdemeanor" shall also include acts committed
or omitted in North Carolina prior to October 1
,
1994 in violation of any common law, duly
enacted ordinance, or criminal statute, or crimi
nal traffic code of this state for which the maxi-mum
punishment allowable for the designated
offense included imprisonment for a term of
more than six months but not more than two
years. Specifically excluded from the grouping
of "Class B misdemeanors" committed or omit-ted
in North Carolina prior to October \_^ 1994
are motor vehicle or traffic offenses designated
as being misdemeanors under Chapter 20 (motor
vehicles) of the General Statutes of North Caro-lina,
with the following exceptions: "Class B
misdemeanors" committed or omitted in North
Carolina prior to October Xi 1994 expressly
include, either first or subsequent offenses of
G.S. 20-138(a) or (t). G.S. 20-166 (duty to stop
in the event of an accident). G.S. 20-138.1
(impaired driving) if the defendant was sen-tenced
under punishment level one [G.S. 20-
179g1 or punishment level two [G.S. 20-179(h)1
for the offense, and shall also include a violation
of G.S. 20-28(1?) [driving while license perma-nently
revoked or suspended].
(11) "Felony" means any offense designated a felony
by the laws, statutes, or ordinances of the jurisdic-tion
in which the offense occurred.
(12) "Dual Certification" means that a justice officer
holds probationary, general, or grandfather certifi-cation
as both a deputy sheriff and a jail er deten-tion
officer with the same employing agency.
(13) "Jailor" "Detention Officer" means any person
performing responsibilities, either on a full-time,
part-time, permanent or temporary basis, which
include but are not limited to the control, care,
and super\'ision of any inmates incarcerated in a
county jail or other confinement facility under the
direct supervision and management of the sheriff.
"Detention Officer" shall also mean the adminis-trator
and the other custodial personnel of district
confinement facilities as defined in G.S. 153A-
219.
(14) "Deputy SherifT means any person who has been
duly appointed and sworn by the sheriff and who
is authorized to exercise the powers of arrest in
accordance with the laws of North Carolina.
(15) "Commission" as it pertains to criminal offenses
shall mean a finding by the North Carolina Sher-iffs"
Education and Training Standards Commis-sion
or an administrative body, pursuant to the
provisions of Chapter 150B of the North Carolina
General Statutes, that a person performed the acts
necessary to satisfy the elements of a specified
criminal offense.
(16) "Sworn Law Enforcement Position" means a
position with a criminal justice agency of the
United States, any state, or a political subdivision
of any state which, by law, has general pKJwer of
arrest held by a person who has successfully
completed the Nortii Carolina Basic Law Enforce-ment
Training Course.
Statutory Authority G.S. 17E-7.
.0105 ADMINISTRATIVE HEARING PROCEDURES
(a) Administrative hearings in contested cases conducted
by the Commission or an administrative law judge (as
authorized in G.S. 150B-40) shall be governed by:
(1) procedures set out in Article 3A of G.S. Chapter
150B;
(2) insofar as relevant, the Rules of Civil Procedure
as contained in G.S. lA-1;
(3) insofar as relevant, the General Rules of Prac-tice
for the Superior and District Courts as
authorized by G.S. 7A-34 and found in the
725 NORTH CAROLINA REGISTER August 1, 1995 10:9
PROPOSED RULES
Rules Volume of the North Carolina General
Statutes.
(b) The rules establishing procedures for contested cases
adopted by the Office of Administrative Hearings as
contained in Title 26, Chapter 3 of the North Carolina
Administrative Code are hereby incorporated by reference
and shall automatically include any later amendments and
editions of the referenced materials as provided by G.S.
150B-21.6.
(c) Provided, however, that if the case is conducted under
G.S. 150B-40(b), the presiding officer shall have the powers
and duties given to the Chief Administrative Law Judge or
the presiding Administrative Law Judge in Title 26, Chapter
3 of the North Carolina Administrative Code.
(d) An applicant for certification or a certified officer
shall have 6© 30 days ftxjm the date of receipt of a notice of
proposed action by the Commission to request a contested
case hearing.
Stamory Authority G.S. 150B-20; 150B-21.6; 150B-38(h);
1508-40; 17E-9(b).
SECTION .0200 - ENFORCEMENT RULES
.0204 SUSPENSION: REVOCATION: OR DENIAL
OF CERTIFICATION
(a) The Commission shall revoke or deny the certification
of a justice officer when the Commission finds that the
applicant for certification or the certified officer has com-mitted
or been convicted of:
(1) a felony unless pardoned by the Govomor; or
(2) a crime for which the authorized punishment
could have been imprisonment for more than
two years.
(b) The Commission shall revoke, deny, or suspend the
certification of a justice officer when the Commission finds
that the applicant for certification or the certified officer:
(1) has not enrolled in and satisfactorily completed
the required basic training course in its entirety
within a time period specified by the Commis-sion;
or
(2) fails to meet or maintain any of the minimum
employment or certification standards required
by 12 NCAC lOB .0300; or
(3) fails to satisfactorily complete the minimum
in-service training requirements as presented in
12 NCAC lOB .2000 and .2100; or
(4) has refused to submit to the drug screen as
required in 12 NCAC lOB .0301(6) or
.0406(b)(4) or in connection with an application
for or certification as a justice officer or a
criminal justice officer as defined in 12 NCAC
9A .0103(6); or
(5) has produced a positive result on any drug
screen reported to the Commission as specified
in 12 NCAC lOB .0410 or reported to any
commission, agency, or board established to
certify, pursuant to said commission, agency, or
boards' standards, a person as a justice officer
or a criminal justice officer as defined in 12
NCAC 9A .0103(6), unless the fwsitive result is
explained to the Commission's satisfaction.
(c) The Commission may revoke, deny, or suspend the
certification of a justice officer when the Commission finds
that the applicant for certification or certified justice officer:
(1) has knowingly made a material misrepresentation
of any information required for certification or
accreditation from the Commission or the North
Carolina Criminal Justice Education and Train-ing
Standards Commission; or
(2) has knowingly and designedly by any means of
false pretense, deception, fraud, misrepresenta-tion
or cheating whatsoever, obtained or at-tempted
to obtain credit, training or certification
from the Commission or the North Carolina
Criminal Justice Education and Training Stan-dards
Commission; or
(3) has knowingly and designedly by any means of
false pretense, deception, fraud, misrepresenta-tion
or cheating whatsoever, aided another in
obtaining or attempting to obtain credit, training,
or certification from the Commission or the
North Carolina Criminal Justice Education and
Training Standards Commission. This Rule
shall also apply to obtaining or attempting to
obtain in-service firearms requalification as
required by 12 NCAC lOB .2000 and .2100; or
(4) has been removed from office by decree of the
Superior Court in accordance with the provisions
of G.S. 128-16 or has been removed from office
by sentence of the court in accord with the
provisions of G.S. 14-230; or
(5) has been denied certification or had such certifi-cation
suspended or revoked by the North Caro-lina
Criminal Justice Education and Training
Standards Commission.
(d) The Commission may revoke, suspend or deny the
certification of a justice officer when the Commission finds
that the applicant for certification or the certified officer has
committed or been convicted of:
(1) a crime or unlawful act defined in 12 NCAC
lOB .0103(10)(b) as a Class B misdemeanor and
which occurred after the date of initial certifica-tion;
or
(2) a crime or unlawful act defined in 12 NCAC
lOB .0103(10)(b) as a Class B misdemeanor
within the five-year period prior to the date of
appointment; or
(3) four or more crimes or unlawful acts defined in
12 NCAC lOB .0103(10)(b) as Class B misde-meanors
regardless of the date of commission or
conviction; or
(4) four or more crimes or unlawful acts defined in
12 NCAC lOB .0103(10)(a) as a Class A misde-
10:9 NORTH CAROLINA REGISTER August 1, 1995 726
PROPOSED RULES
meaner, each of which occurred after the dale of
initial certification; or
(5) four or more crimes or unlawful acts defined in
12 NCAC lOB .0103(10)(a) as a Class A misde-meanor
except the applicant may be certified if
the last conviction or commission occurred more
than r*o years prior to the date of appointment;
or
(6) any combination of four or more crimes or
unlawful acts defined in 12 NCAC lOB
.0103(10)(a) as a Class A misdemeanor or
defined in 12 NCAC lOB .0103(10)(b) as a
Class B misdemeanor regardless of the date of
commission or conviction.
(e) Without limiting the application of G.S. 17E, a person
who has had his certification suspended or revoked may not
exercise the authority or perform the duties of a justice
officer during the period of suspension or revocation.
(f) Without limiting the application of G.S. 17E. a person
who has been denied certification may not be employed or
appointed as a justice officer or exercise the authority or
perform the duties of a justice officer.
Statutory Authoriry- G.S. 17E-7.
SECTION .0300 - MINI^^J^I STANDARDS FOR
EMPLOYMENT AND CERTIFICATION AS A
JUSTICE OFFICER
.0301 >nNIMUM STAiNT)ARDS FOR JUSTICE
OFFICERS
(a) Every Justice Officer employed or certified as—
a
DeputV' Sheriff or Jailer in North Carolina shall:
(1) be a citizen of the United States;
(2) be at least 21 years of age;
(3) be a high school graduate, or the equivalent
(GED);^
(4) have been fingerprinted by the employing
agency;
(5) have had a medical examination by a licensed
physician;
(6) have produced a negative result on a drug screen
administered according to the following specifi-cations:
(A) the drug screen shall be a urine test consisting
of an initial screening test using an immunoas-say
method and a confirmatory test on an
initial fxssitive result using a gas chromatogra-phy/
mass spectrometry (GC/MS) or other
reliable initial and confirmatory tests as may,
from time to time, be authorized or mandated
by the Department of Health and Human
Services for Federal Workplace Drug Testing
Programs; and
(B) a chain of custody shall be maintained on the
specimen from collection to the eventual
discarding of the specimen; and
(C) the drugs whose use shall be tested for shall
include at least cannabis, cocaine, phencycli-dine
(PCP), opiates and amphetamines or their
metabolites; and
(D) the test threshold values established by the
Department of Health and Human Services for
Federal Workplace Drug Testing Programs are
hereby incorporated by reference, and shall
automatically include any later amendments
and editions of the referenced materials.
Copies of this information may be obtained
from the National Institute on Drug Abuse,
5600 Fisher Lane, Rockville, Maryland 20857
at no cost at the time of adoption of this Rule;
and
(E) the test conducted shall be not more than 60
days old, calculated from the time when the
laboratory reports the results to the date of
employment; and
(F^ the laboratory conducting the test must be
certified for federal workplace drug testing
programs, and must adhere to applicable
federal rules, regulations and guidelines per-taining
to the handling, testing, storage and
preservation of samples, except that individual
agencies may specify other drugs to be tested
for in addition to those drugs set out in Part
(C) of this Rule;
(G) every agency head shall be responsible for
making adequate arrangements for the services
of a medical review officer (MRO) for the
purpose of review of drug tests reported by the
laborator>' and such officer shall be a licensed
physician.
(7) immediate ly within five working days notify the
Standards Division and the appointing depart-ment
head in writing of all criminal offenses
with which the officer is charged; and shall also
give notification, in writing, to the Standards
Division and the appointing department head
following the adjudication of these criminal
charges. This shall include all criminal offenses
except minor traffic offenses and shall specifi-cally
include any offense of Driving Under The
Influence (DUI) or Driving While Impaired
(DWl). A minor traffic offense is defined, for
purposes of this Subparagraph, as an offense
where the maximum punishment allowable is 60
days or less. Other offenses under G.S. 20
(Motor Vehicles) or similar laws of other juris-dictions
which shall be reported to the Division
expressly include G.S. 20-139 (persons under
the influence of drugs), G.S. 20-28(13) (driving
while license revoked or p)ermanently suspended)
and G.S. 20-166 (duty to stop in event of acci-dent).
The initial notification required must
specify the nature of the offense, the date of
offense, and the arresting agency. The notifica-tions
of adjudication required must specify the
727 NORTH CAROLINA REGISTER August 1, 1995 10:9
PROPOSED RULES
nature of the offense, the court in which the case
was handled and the date of disposition, and
must include a certified copy of the final disposi-tion
from the Clerk of Court in the county of
adjudication. The notifications of adjudication
must be received by the Standards Division
within 30 days of the date the case was disposed
of in court. Officers required to notify the
Standards Division under this Subparagraph shall
also make the same notification to their employ-ing
or appointing department head within 20
days of the date the case was disposed of in
court. The department head, provided he has
knowledge of the officer's charge(s), shall also
notify the Division within 30 days of the date the
case was disposed of in court. Receipt by the
Standards Division of a single notification, of
the initial offenses charged and of adjudication
of those offenses, from either the officer or the
department head, is sufficient notice for compli-ance
with this Subparagraph;
(8) be of good moral character;
(9) have a thorough background investigation con-ducted
by the employing agency, to include a
personal interview prior to employment;
(10) not have committed or been convicted of a crime
or crimes as specified in 12 NCAC lOB .0307.
(b) The requirements of this Rule shall apply to all
applications for certification and shall also be applicable at
all times during which the justice officer is certified by the
Commission.
Statutory Authority G.S. 17E-7; 95-230 et seq.
.0304 MEDICAL EXAMINATION
(a) Each applicant shall complete the Commission's
Medical History Statement Form (F-1) and shall be exam-ined
by a physician or surgeon licensed in North Carolina
to help determine his/her fitness in carrying out the physical
requirements of the position of deputy sheriff or jailer
detention officer . The examining physician shall read and
sign the F-2A form attached to the Medical Examination
RefKJrt Form (F-2) prior to beginning the examination. The
examining physician shall record the results of the examina-tion
on the Medical Examination Repon Form (F-2) and
sign and date the form. The F-2 form shall be valid one
year from the date the Medical Examination was completed
and signed by the physician. The physical examination shall
be conducted and the Medical Examination Report Form
(F-2) and the Medical History Statement Form (F-1) shall
be completed prior to whichever of the following occurs
first:
(1) the applicant's beginning the Jail er Detention
Officer Certification Course and/or the Basic
Law Enforcement Training Course; or
(2) the applicant's applying to the Commission for
certification.
(b) Although not presently required by these Rules, it is
recommended by the Commission that each candidate for the
jxjsition of justice officer be examined by a licensed psychi-atrist
or clinical psychologist, or be administered a psycho-logical
evaluation test battery, to determine his/her suitabil-ity
to perform the essential job fiinctions of a justice officer.
Statutory Authority G.S. 17E-7.
.0307 CRIMINAL fflSTORY RECORD
(a) Consistent with and subject to the requirements of 12
NCAC lOB .0204, every justice officer employed or
certified in North Carolina shall not have committed or been
convicted by a local, state, federal or military court of:
(1) a felony; folony. unloss pordonod by tho Govor
seri or
(2) a crime for which the punishment could have
been imprisonment for more than two years; or
(3) a crime or unlawful act defined as a "Class B
Misdemeanor" within the five year period prior
to the date of appointment; or
(4) four or more crimes or unlawful acts defined as
"Class B Misdemeanors" regardless of the date
of conviction or commission; or
(5) four or more crimes or unlawful acts defined as
"Class A Misdemeanors" except the applicant
can be employed if the last conviction or com-mission
occurred more than two years prior to
the date of appointment.
(b) The requirements of this Rule shall be applicable at all
times during which the officer is certified by the Commis-sion
and shall also apply to all appUcations for certification.
Statutory Authority G.S. 17E-7.
SECTION .0400 - CERTIFICATION OF JUSTICE
OFFICERS
.0401 CERTIFICATION OF SHERIFFS'
DEPARTMENT PERSONNEL
Every person performing the duties of a deputy sheriff or
a jailer detention officer as defined in 12 NCAC lOB .0103
(13) and (14), except those certified pursuant to 12 NCAC
lOB .0407, shall meet the certification requirements of this
Subchapter.
Statutory Authority G.S. 17E-4; 17E-7.
.0402 PROBATIONARY CERTIFICATION
All justice officers, except those transferred or reinstated
pursuant to Rule .0406 shall serve a probationary certifica-tion
period of one year; provided that the one year proba-tionary
f)eriod has not been extended for cause pursuant to
12 NCAC lOB .0303(c); .0503(a); or .0602(a). For certifi-cation
as a deputy sheriff the probationary period begins on
the date the officer took the Oath of Office. For certifica-tion
as a jailer detention officer , the probationary period
10:9 NORTH CAROLINA REGISTER August 1, 1995 728
PROPOSED RULES
begins on the date the officer was appointed as a jailer
detention officer .
Statutory Authority G.S. 17E-4; 17E-7.
.0403 PROBATIONARY CERTIFICATION
REQUIREMENT
(a) For certification as a deputy sheriff or a jailor deten-tion
officer, a Report of Appointment Doput)' She riff/Jail er
Deput\' Sheriff/Detention Officer (F^) must be submitted to
the Division. Report of Appointment forms must be
submitted to the Division by the sheriffs department no
later than ten days after the deputy sheriff has taken the
Oath of Office or the jail er detention officer has been
appointed. The Division shall forward the justice officer's
certification to the Department.
(b) No justice officer probationary certification will be
issued by the Division prior to the applicant meeting the
conditions set forth in this Paragraph. As an additional
requirement for probationary certification, the applicant shall
meet the following requirements:
(1) If the applicant for probationary certification is
authorized to carry a firearm pursuant to the
provisions of 12 NCAC lOB .2104, the employ-ing
agency shall submit evidence of satisfactory
completion of the employing agency's in-service
firearms training and requalification program
pursuant to 12 NCAC lOB .2000 and .2100; or
(2) If the applicant for probationary certification is
not authorized to carry a firearm pursuant to the
provisions of 12 NCAC lOB .2104, the employ-ing
agency shall notify the Division, in writing,
that the applicant is not authorized to cany a
firearm.
Statutory Authority G.S. 17E-4: 17E-7.
.0405 REPORT OF SEPARATION
(a) An agency separating a person from employment or
appointment as a justice officer shall, not later than ten days
after seisaration, forward to the Division a completed Report
of Separation (F-5).
(b) Although not presently required by these Rules, it is
recommended by the Commission that the employing agency
cancel the oath of office of a justice officer who has
separated, separated, and that the justice officer be notified
by the employing agency of the effective date of separation
OS reported to the Division.
(cj It is required that the justice officer be notified by the
employing agency with appropriate notations on the Report
of Separation (Form F-5), of the effective date of separation
as reported to the Division.
Statutory Authority G. S. 1 7E-4.
.0407 CERTIFICATION OF FORAIER SHERIFF
(a) The Division shall issue a General Certification to any
person as either a deputy sheriff or a jai ler detention officer
who has previously served as an elected or appointed
sheriff, if the person:
(1) applies to the Commission within one year of
ceasing to serve as an elected or appointed
sheriff; and
(2) has served as an elected or appointed sheriff for
a minimum of eight years; and
(3) left the office of sheriff in good standing.
Q6) In order for an officer to be certified under this Rule
.0407, there must be:
(1) compliance with the Report of Appointment
form requirement of Rule .0403;
(2) submitted to the Division, a copy of the Oath of
Office for applicants requesting certification as
a deputy sheriff; and
(3) submitted to the Division verification that the
applicant meets the requirement of this Rule
.0407(a)(2).
Statutory Authority G.S. 17E-4; 17E-7.
.0408 VERmCATION OF RECORDS TO DFVISION
(a) Prior to the probationary certification of each justice
officer, for the purpose of verifying compliance with these
Rules, the employing agency shall submit to the Division,
along with the Report of Appointment (F-4), copies of the
following documents:
(1) verification of the applicant's compliance with
the educational requirement pursuant to 12
NCAC lOB .0302(a);
(2) certified copy of the applicant's Oath of Office,
if applying for certification as a deputy sheriff;
(3) the apphcant's Medical History Statement (F-l);
(4) the apphcant's Medical Examination Report (F-2
and F-2A);
(5) the applicant's notarized Personal History State-ment
(F-3);
(6) a summary of the applicant's background inves-tigation;
(7) documentation of negative results on a drug
screen pursuant to 12 NCAC lOB .0301(6);
(8) certified copies of criminal charges and disposi-tions
as required in 12 NCAC lOB .0305(e) and
(f); and
(9) verification of the applicant's compliance with
the probationary certification requirements
pursuant to 12 NCAC lOB .0403(b).
(b) Compliance with this Rule is waived, with the
exception of the requirements of 12 NCAC lOB .0408(a)(9),
for officers applying for dual certification as defmed in 12
NCAC lOB .0103(12) provided that:
(1) the officer holds a valid certification as either a
deputy sheriff or jailer detention officer with the
employing agency requesting dual certification;
and
(2) the officer has not had a break in service since
initial certification with the employing agency
requesting dual certification.
729 NORTH CAROLINA REGISTER August 1, 1995 10:9
PROPOSED RULES
(c) All information maintained pursuant to the require-ments
of this Rule shall be subject to all state and federal
laws governing confidentiality.
Statutory Authority G.S. 17E-4; 17E-7.
.0409 EMPLOYESfG AGENCY RETENTION OF
CERTmCATION RECORDS
(a) Each employing agency shall place in the appropriate
justice officer's personnel file the official notification of
either probationary or general certification. Such files shall
be available for examination at any reasonable time by
representatives of the Commission for the purpose of
verifying compliance with these Rules. Each personnel file
shall also contain:
(1) a copy of the applicant's Report of Appointment
(F-4);
(2) verification of the applicant's compliance with
the educational requirement pursuant to 12
NCAC lOB .0302(a);
(3) a certified copy of the applicant's Oath of Of-fice,
if applying for certification as a deputy
sheriff;
(4) the results of the applicant's fingerprint records
check and the crimLnal history records check;
(5) the applicant's Medical History Statement (F-1);
(6) the applicant's Medical Examination Report (F-2
and F-2A);
(7) the applicant's Personal History Statement (F-3);
(8) a summary of the applicant's background inves-tigation;
(9) a copy of a commission-approved Firearms
Requalification Record Form;
(10) documentation of negative results on drug screen
pursuant to 12 NCAC lOB .0301(a)(6); and
(11) verification of the applicant's compliance with
the probationary certification requirements
pursuant to 12 NCAC lOB .0403(b).
(b) Compliance with this Rule is waived, with the
exception of the requirements of 12 NCAC lOB .0409(11),
for officers applying for dual certification as defined in 12
NCAC lOB .0103(12) provided that:
(1) the officer holds a valid certification as either a
deputy sheriff or jailor detention officer with the
employing agency requestmg dual certification;
and
(2) the officer has not had a break in service since
initial certification with the employing agency
requesting dual certification.
(c) All information maintained pursuant to the require-ments
of this Rule shall be subject to all state and federal
laws governing confidentiality.
Statutory Authority G. S. 1 7E-4.
SECTION .0500 - MINIMUM STANDARDS OF TRAINING FOR DEPUTY SHERIFFS
.0502 BASIC LAW ENFORCEMENT TRAEW>JG COURSE FOR DEPUTIES
(a) The Commission hereby adopts as its required minimum Basic Law Enforcement Training Course 444
instruction to include the following identified topic areas and minimum instructional hours for each area:
(1) Course Orientation
(2) Constitutional Law
(3) Laws of Arrest, Search and
Seizure
(4) Mechanics of Arrest; Arrest
Procedure
(5) Law Enforcement Communications and Information Systems
(6) Elements of Criminal Law
(7) Defensive Tactics
(8) Juvenile Laws and Procedures
(9) First Responder
(10) Firearms
(11) Patrol Techniques
(12) Crime Prevention Techniques
(13) Field Notetaking and Report
Writing
(14) Mechanics of Arrest: Vehicle Stops
(15) Mechanics of Arrest: Custody Procedures
(16) Mechanics of Arrest: Processing Arrestee
(17) Crisis Management
(18) Special Populations
(19) Civil Disorders
(20) Criminal Investigation
472 hours of
2 hours
4 hours
16 hours
8 hours
4 hours
24 hours
16 hours
8 hours
40 hours
40 hours
16 hours
4 hours
12 hours
6 hours
2 hours
4 hours
10 hours
12 hours
8 hours
28 hours
10:9 NORTH CAROLINA REGISTER August 1, 1995 730
PROPOSED RULES
8 hours
6 hours
4 hours
12 hours
20 hours
6 hours
44 44 hours
12 hours
4 hours
4 hours
24 hours
8 hours
43 hours
13 hours
(21) Interviews: Field and
In-Custody
(22) Controlled Substances
(23) ABC Laws and Procedures
(24) Electrical and Hazardous Material Emergencies
(25) Motor Vehicle Law
(26) Techniques of Traffic Law Enforcement
(27) Law Enforcement Driver
Training
(28) Preparing For Court and Testifying in Court
(29) Dealing with Victims and
the Public
(30) Ethics of Professional Law Enforcement
(31) Civil Process
(32) Supplemental Custody
Procedures
(33) Physical Fitness Training
(34) Testing
TOTAL HOURS 444 472 hours
(b) The "Basic Law Enforcement Training Manual" as published by the North Carolina Justice Academy is hereby
incorporated by reference, and shall automatically include any later amendments and editions of the incorporated matter, to
apply as basic curriculum for this Basic Law Enforcement Training Course. Copies of this manual may be obtained by
contacting the North Carolina Justice Academy, Post Office Box 99, Salemburg, North Carolina 28385-0099. The cost of
this manual is eighty dollars ($80.00) at the time of adoption of this Rule.
(c) Consistent with the curriculum development policy of the Commission, the Commission shall designate the developer
of the Basic Law Enforcement Training Course curricula and such designation shall be deemed by the Commission as
approval for the developer to conduct pilot Basic Law Enforcement Training Courses. Individuals who successfully complete
such a pilot Basic Law Enforcement Training Course offering shall be deemed to have successfully complied with and
satisfied the minimum training requirement.
(d) The rules governing Minimum Standards for Completion of Training, codified as Title 12, Subchapter 9B, Section
.0400 of the North Carolina Administrative Code, and previously incorporated by the North Carolina Criminal Justice
Education and Training Standards Commission, are hereby incorporated by reference, and shall, automatically include any
later amendments and editions of the adopted matter to apply to actions of the North Carolina Sheriffs' Education and
Training Standards Commission.
Statutory Authority G.S. 17E-4(a).
.0503 TIME REQ/COMPLETION/BASIC LAW ENFORCEMENT TRAINING COURSE
(a) Each deputy sheriff holding temporary or probationary certification shall satisfactorily complete a commis-sion-
accredited basic training course. The deputy shall complete such course within one year from the date of his/her Oath
of Office. Any deputy sheriff who does not comply with this Rule or other training provisions of this Chapter shall not be
authorized to exercise the powers of a deputy sheriff and shall not be authorized to exercise the jxiwer of arrest. If,
however, an officer has enrolled in a commission-accredited basic law enforcement training program that concludes later
than the end of the officer's probationary period, the Commission may extend, for good cause shown, the probationary period
for a period not to exceed 12 months.
(b) Persons having completed a commission-accredited basic law enforcement training program and not having been duly
appointed and certified in a sworn law enforcement position as defined in 12 NCAC lOB .0103(16) within one year of
completion of the basic law enforcement training course shall complete a subsequent commission-accredited basic recruit
training program in its entirety and successfully pass the State Comprehensive Examination within the 12 month probationary
period as prescribed in 12 NCAC lOB .0402, unless the Director determines that a delay Ln applying for certification was
due to simple negligence on the part of the applicant or employing agency, in which case the Director may accept a
commission-accredited basic training program which is over one year old. Such extension of the one year p>eriod shall not
exceed 30 days from the expiration date of a commission-accredited basic training program.
Statutory Authoritx G.S. 17E-4: 17E-7.
731 NORTH CAROLINA REGISTER August 1, 1995 10:9
PROPOSED RULES
.0505 EVALUATION FOR TRAINING WAIVER
(a) The Division staff shall evaluate each deputy's training and experience to determine if equivalent training has been
satisfactorily completed as specified in 12 NCAC lOB .0504(a). Applicants for certification with prior law enforcement
experience shall have been employed in a sworn law enforcement position in order to be considered for training evaluation
under this Rule. The following rules shall be used by Division staff in evaluating a deputy's training and experience to
determine eligibility for a waiver of training.
(1) Persons who separated from a sworn law enforcement position during their probationary period after having
completed a commission-accredited Basic Law Enforcement Training Course and who have been separated from
a sworn law enforcement position for one year or less shall serve the remainder of the initial probationary period
in accordance with G.S. 17E-7(b), but need not complete an additional training program.
(2) Persons who separated from a sworn law enforcement position during their probationary period without having
completed Basic Law Enforcement Training, or whose certification was suspended pursuant to 12 NCAC lOB
.0204(b)(1), and who have remained separated or suspended for over one year shall complete a commis-sion-
accredited Basic Law Enforcement Training Course in its entirety and successfiilly pass the State
Comprehensive Examination, and shall be allowed a 12 month probationary period as prescribed in 12 NCAC
lOB .0503(a).
(3) Out-of-state transferees shall be evaluated to determine the amount and quality of their training and experience.
Out-of-state transferees:
(A) shall have a minimum of two years full-time sworn law enforcement experience;
(B) shall not have a break in service exceeding two years; and
(C) shall have successfully completed the Basic Law Enforcement Training Course accredited by the state from
which he/she is transferring. Out-of-state transferees meeting these requirements shall successfully complete
a commission-accredited Basic Law Enforcement Training Course which includes the following topics of North
Carolina law and procedure and successfully pass the State Comprehensive Examination in its entirety within
the 12 month probationary period as prescribed in 12 NCAC lOB .0503(a).
(i) Laws of Arrest, Search and Seizure 16 hours
(ii) Elements of Criminal Law 24 hours
(iii) Juvenile Laws and Procedures 8 hours
(iv) Controlled Substances 6 hours
(v) ABC Laws and Procedures 4 hours
(vi) Motor Vehicle Laws 20 hours
(vii) Civil Process 24 hours
(viii) Supplemental Custody Procedures 8 hours
(i*) Firearmo Qualification (Handgun and Shotgun CourBes)
TOTAL HOURS 1 10 hours
(4) Persons previously holding Grandfather law enforcement certification in accordance with G.S. 17C-10(a) or G.S.
17E-7(a) who have been separated from a sworn law enforcement position for more than one year and who have
not previously completed a minimum Basic Law Enforcement Training Course accredited by the North Carolina
Criminal Justice Education and Training Standards Commission or the North Carolina Sheriffs' Education and
Training Standards Commission shall be required to complete a commission-accredited Basic Law Enforcement
Training Course in its entirety and successfully pass the State Comprehensive Examination within the 12 month
probationary period as prescribed in 12 NCAC lOB .0503(a).
(5) Persons who have completed a minimum 160-hour Basic Law Enforcement Training Course accredited by the
North Carolina Criminal Justice Training and Standards Council under guidelines administered beginning on July
1, 1973 and continuing through September 30, 1978 and who have been separated from a sworn law enforcement
position for more than one year but no more than two years shall be required to complete the following portions
of a commission-accredited Basic Law Enforcement Training Course and successfiilly pass the State
Comprehensive Examination within the 12 month probationary period as prescribed in 12 NCAC lOB .0503(a).
(A) Juvenile Law and Procedures 8 hours
(B) Laws of Arrest, Search and Seizure 16 hours
(C) Elements of Criminal Law 24 hours
(D) Controlled Substances 6 hours
(E) ABC Laws and Procedures 4 hours
(I^ Motor Vehicle Laws 20 hours
(G) Law Enforcement Driver Training 16 hours
(H) Civil Process 24 hours
10:9 NORTH CAROLINA REGISTER August 1, 1995 732
PROPOSED RULES
(I) Supplemental Custody Procedures 8 hours
(J) Firoarmo Qunlifioat i on (Handgun and Shotgun Courooo)
TOTAL HOURS 126 hours
(6) Persons who have completed a minimum 160-hour Basic Law Enforcement Training Course accredited by the
North Carolina Criminal Justice Training and Standards Council under guidelines administered beginning on July
1, 1973 and continuing through September 30, 1978 and who have been separated from a sworn law enforcement
position for more than two years shall be required to complete a commission-accredited Basic Law Enforcement
Training Course in its entirety regardless of training and experience and successfully pass the State
Comprehensive Examination within the 12 month probationary period as prescribed in 12 NCAC lOB .0503(a).
(7) Persons who have completed a minimum 240-hour Basic Law Enforcement Training Course accredited by the
North Carolina Criminal Justice Eiducation and Training Standards Commission and the North Carolina Sheriffs'
Education and Training Standards Commission under guidelines administered beginning October 1, 1978 and
continuing through September 30, 1984 and who have been separated from a sworn law enforcement position for
over one year but no more than three years shall be required to complete the following portions of a
commission-accredited Basic Law Enforcement Trammg Course and successfully pass the State Comprehensive
Examination within the 12 month probationary period as prescribed in 12 NCAC lOB .0503(a).
(A) Laws of Arrest, Search and Seizure 16 hours
(B) Elements of Criminal Law 24 hours
(C) Juvenile Laws and Procedures 8 hours
(D) Controlled Substances 6 hours
(E) ABC Laws and Procedures 4 hours
(F) Motor Vehicle Laws 20 hours
(G) Civil Process 24 hours
(H) Supplemental Custody Procedures 8 hours
{I) Firoarma Qualification (Handgun and Shotgun Courses )
TOTAL HOURS 1 10 hours
(8) Persons who have completed a minimum 240-hour Basic Law Enforcement Training Course accredited by the
North Carolina Criminal Justice Education and Training Standards Commission and the North Carolina Sheriffs'
Education and Training Standards Commission under guidelines administered beginning October 1, 1978 and
continuing through September 30, 1984 and who have been separated from a sworn law enforcement position for
more than three years shall be required to complete a commission-accredited Basic Law Enforcement Training
Course in its entirety regardless of prior training and expenence and successfully pass the State Comprehensive
Examination within the 12 month probationary period as prescribed in 12 NCAC lOB .0503(a).
(9) Persons who have completed a minimum 381 hour Basic Law Enforcement Training Course accredited by the
North Carolina Sheriffs' Iklucation and Training Standards Commission under guidelines administered beginning
October 1, 1984 and ending December 31, 1988 and who have been separated from a sworn law enforcement
position for over one year but no more than three years shall be required to complete the following portions of
a commission-accredited Basic Law Enforcement Training Course and successfully pass the State Comprehensive
Examination within the 12 month probationary period as prescribed in 12 NCAC lOB .0503(a).
(A) Laws of Arrest, Search and Seizure 16 hours
(B) Elements of Criminal Law 24 hours
(C) Juvenile Laws and Procedures 8 hours
(D) Controlled Substances 6 hours
(E) ABC Laws and Procedures 4 hours
(F) Motor Vehicle L^ws 20 hours
(G) Civil Process 24 hours
(H) Supplemental Custody Procedures 8 hours
0^ Firearms Qualification (Handgun and Shotgun Courses)
TOTAL HOURS 1 10 hours
(10) Persons transferring to a sheriffs department from another law enforcement agency who hold certification issued
by the North Carolina Criminal Justice Iklucation and Training Standards Commission and who have previously
completed a commission-accredited Basic Law Enforcement Training Course beginning on or after October 1,
1984 and who have been separated from a sworn law enforcement position for no more than one year or who
have had no break in service shall be required to complete the following enumerated topics of a commis-
733 NORTH CAROLINA REGISTER August 1, 1995 10:9
PROPOSED RULES
sion-accredited Basic Law Enforcement Training Course and successfully pass that portion of the State
Comprehensive Examination which deals with those subjects within 12 months of the date of appointment as
defined in 12 NCAC lOB .0103(1).
(A) Civil Process 24 hours
(B) Supplemental Custody Procedures 8 hours
TOTAL HOURS 32 hours
(11) Persons who have completed a minimum 369-hour Basic Law Enforcement Training Course accredited by the
North Carolina Criminal Justice Education and Training Commission under guidelines beginning October 1, 1984
and ending July 1, 1989 and who have been separated from a sworn law enforcement position for over one year
but no more than three years shall be required to complete the following portions of a commission-accredited
Basic Law Enforcement Training Course and successfully pass the State Comprehensive Examination within the
12 month probationary period as prescribed In 12 NCAC lOB .0503(a).
(A) Laws of Arrest, Search and Seizure 16 hours
(B) Elements of Criminal Law 24 hours
(C) Juvenile Laws and Procedures 8 hours
(D) Controlled Substances 6 hours
(E) ABC Laws and Procedures 4 hours
(F) Motor Vehicle Laws 20 hours
(G) Civil Process 24 hours
(H) Supplemental Custody Procedures 8 hours
^ Firoormo Qualifioation (Handgun and Shotgun Couroeo)
TOTAL HOURS 1 10 hours
(12) Persons who have completed a minimum 422-hour Basic Law Enforcement Training Course accredited by the
North Carolina Sheriffs Education and Training Standards Commission under the guidelines administered
beginning January 1, 1989 and ending February 1, 1991 and who have been separated from a sworn law
enforcement position for over one year but no more than three years shall be required to complete the following
portions of a commission-accredited Basic Law Enforcement Training Course and successfully pass the State
Comprehensive Examination within the 12 month probationary period as prescribed in 12 NCAC lOB .0503(a).
(A) Laws of Arrest, Search and Seizure 16 hours
(B) Elements of Criminal Law 24 hours
(C) Juvenile Laws and Procedures 8 hours
(D) Controlled Substances 6 hours
(E) ABC Laws and Procedures 4 hours
(F) Motor Vehicle Laws 20 hours
(G) Civil Process 24 hours
(H) Supplemental Custody Procedures 8 hours
(I) Firoamifl Qualification (Handgun and Shotgun Courses)
TOTAL HOURS 1 10 hours
(13) Persons who have previously completed a minimum 410-hour Basic Law Enforcement Training Course accredited
by the North Carolina Criminal Justice Education and Training Standards Commission under guidelines
administered beginning July 1, 1989 and ending February 1, 1991 and who have been separated from a sworn
law enforcement pnasition for over one year but no more than three years shall be required to complete the
following jjortions of a commission-accredited Basic Law Enforcement Training Course and successfully pass
the State Comprehensive Examination within the 12 month probationary period as prescribed in 12 NCAC lOB
.0503(a).
(A) Laws of Arrest, Search and Seizure 16 hours
(B) Elements of Criminal Law 24 hours
(C) Juvenile Laws and Procedures 8 hours
(D) Controlled Substances 6 hours
(E) ABC Laws and Procedures 4 hours
(F) Motor Vehicle Laws 20 hours
(G) Civil Process 24 hours
(H) Supplemental Custody Procedures 8 hours
(I) Firearmii Qualifioation (Handgun and Shotgun Coursee)
10:9 NORTH CAROLINA REGISTER August 1, 1995 734
PROPOSED RULES
TOTAL HOURS 1 10 hours
(14) Persons who have completed a minimum 444-hour Basic Law Enforcement Training Course accredited by the
North Carolina Sheriffs' Education and Training Standards Commission imder the guidelines administered
beginning February 1, 1991 and ending January J_^ 1996 and who have been separated from a sworn law
enforcement position for over one year but no more than three years shall be required to complete the following
portions of a commission-accredited Basic Law Enforcement Training Course and successfully pass the State
Comprehensive Examination within the 12 month probationary period as prescribed in 12 NCAC lOB .0503(a).
(A) Laws of Arrest, Search and Seizure 16 hours
(B) Elements of Criminal Law 24 hours
(C) Juvenile Laws and Procedures 8 hours
(D) Controlled Substances 6 hours
(E) ABC Laws and Procedures 4 hours
(F) Motor Vehicle Laws 20 hours
(G) Civil Process 24 hours
(H) Supplemental Custody Procedures 8 hours
(I) Firoarmc Quolifioation (Handgun and Shotgun Couroeo)
TOTAL HOURS 1 10 hours
(15) Persons who have previously completed a minimum 432-hour Basic Law Enforcement Training Course accredited
by the North Carolina Criminal Justice Education and Training Standards Commission imder guidelines
administered beginning February 1, 1991 and who have been separated from a sworn law enforcement position
for over one year but no more than three years shall be required to complete the following portions of a
commission-accredited Basic Law Enforcement Training Course and successfully pass the State Comprehensive
Examination within the 12 month probationary period as prescribed in 12 NCAC lOB .0503(a).
(A) Laws of Arrest, Search and Seizure 16 hours
(B) Elements of Criminal Law 24 hours
(C) Juvenile Laws and Procedures 8 hours
(D) Controlled Substances 6 hours
(E) ABC Laws and Procedures 4 hours
(F) Motor Vehicle Laws 20 hours
(G) Civil Process 24 hours
(H) Supplemental Custody Procedures 8 hours
(i) Fireormfl Qualifioation (Handgun and Shotgun Gouroeo)
TOTAL HOURS 1 10 hours
(16) Persons who have completed training as a federal law enforcement officer and are apjxiinted as a deputy sheriff
in North Carolina shall be required to complete a commission-accredited Basic Law Enforcement Training Course
in its entirety regardless of previous federal training and experience and successfully pass the State
Comprehensive Examination within the 12 month probationary period as prescribed in 12 NCAC lOB .0503(a).
(17) Persons out of the law enforcement profession for over three years regardless of prior training or experience shall
complete a commission-accredited Basic Law Enforcement Training Course in its entirety and successfully pass
the State Comprehensive Examination within the 12 month probationary period as prescribed in 12 NCAC lOB
.0503(a).
(18) Wildlife Enforcement Officers who completed the Basic Law Enforcement Training Course prior to September
30, 1985 and are sworn as justice officers shall be subject to the evaluation rules as stated in 12 NCAC lOB
.0505(a)(1) and (a)(4) through (11).
(19) Wildlife Enforcement Officers who separate from employment with the Wildlife Enforcement Division and have
less than one year break in service, who transfer to a Sheriffs Department in a sworn capacity, and who
completed their Basic Training after September 30, 1985 shall complete the following blocs of instruction and
pass the state exam in its entirety within one year of thoir date of appointmont oa defined in 12 NCAC lOB
.0103(1). the 12 month probationary period as prescribed in 12 NCAC lOB .0503(a).
(A) Crime Prevention Techniques 4 hours
(B) Mechanics of Arrest; Custody Procedure 2 hours
(C) Mechanics of Arrest: Processing Arrestee 4 hours
(D) Sp>ecial Populations 12 hours
(E) Techniques of Traffic Law Enforcement 6 hours
(F) Dealing with Victims and the Public 8 hours
735 NORTH CAROLINA REGISTER August 1, 1995 10:9
PROPOSED RULES
(G) Civil Process 24 hours
(H) Supplemental Custody Procedures 8 hours
(I) Firottrms Qualification (Handgun and Shotgun Coui-aoo)
TOTAL HOURS 68 hours
(20) Wildlife Enforcement Officers who completed Basic Law Enforcement Training on or after September 30, 1985
and have been out of a sworn position over one year but no more than three years, and are sworn as a justice
officer must complete the following blocs of instructions and pass the state exam in its entirety during their
probationary period as prescribed in 12 NCAC lOB .0503 (a).
(A) Laws of Arrest Search and Seizure 16 hours
(B) Elements of Criminal Law 24 hours
(C) Juvenile Laws and Procedures 8 hours
(D) Controlled Substances 6 hours
(E) ABC Laws and Procedures 4 hours
(F) Motor Vehicle Laws 20 hours
(G) Crime Prevention Techniques 4 hours
(H) Mechanics of Arrest: Custody Procedures 2 hours
(I) Mechanics of Arrest: Processing Arrestees 4 hours
(J) Special Populations 12 hours
(K) Techniques of Traffic Law Enforcement 6 hours
(L) Dealing with Victims and the Public 8 hours
(M) Civil Process 24 hours
(N) Supplemental Custody Procedures 8 hours
(G) Firoamifl Qualification (Handgun and Shotgun Courses)
TOTAL HOURS 146 hours
(21) Alcohol Law Enforcement Officers who completed the Basic Law Enforcement Training Course prior to April
1, 1983 or after November 1, 1993, and are sworn as a justice officer shall be subject to the evaluation rules as
prescribed in 12 NCAC lOB .0505(a)(3) through (8) and (a)(l'1) and (a)(14). (15) and (24) .
(22) Alcohol Law Enforcement Officers who separate from employment with the Alcohol Law Enforcement Division
and have less than a one year break in service, who transfer to a Sheriffs Department in a sworn capacity, and
who completed their Basic Training administered beginning April 1, 1983 and ending November 1, 1993 shall
complete the following blocs of instruction and pass the state comprehensive exam in its entirety within one year
of thoir date of appointment ao defined in 12 NCAC lOB .0103(1). the VI month probationary period as
prescribed in 12 NCAC lOB .0503(a).
(A) Law Enforcement Communication and Information Systems 4 hours
(B) Patrol Techniques 16 hours
(C) Crime Prevention Techniques 4 hours
(D) Mechanics of Arrest: Vehicle Stops 6 hours
(E) Mechanics of Arrest: Custody Procedures 2 hours
(F) Mechanics of Arrest: Processing Arrestee 4 hours
(G) Special Populations 12 hours
(H) Interviews: Field and In-Custody 8 hours
(I) Motor Vehicle Law 20 hours
(J) Techniques of Traffic Law Enforcement 6 hours
(K) Dealing with Victims and the Public 8 hours
(L) Civil Process 24 hours
(M) Supplemental Custody Procedures 8 hours
(N) Firoarmo Qualifioation (Handgun and Shotgun Course)
TOTAL HOURS 122 hours
(23) Alcohol Law Enforcement Officers who completed their Basic Training administered beginning April 1, 1983
and ending November 1, 1993 and are sworn as a justice officer and who have been out of a sworn position for
over one year but no more than three years shall complete the following blocs of instruction and pass the state
examination in its entirety during their one year probationary period as prescribed in 12 NCAC lOB .0503(a).
(A) Laws of Arrest, Search and Seizure 16 hours
(B) Elements of Criminal Law 24 hours
(C) Juvenile Laws and Procedures 8 hours
10:9 NORTH CAROLINA REGISTER August I, 1995 736
PROPOSED RULES
(D) Controlled Substances 6 hours
(E) ABC Laws and Procedures 4 hours
(F) Law Enforcement Communication and Information Systems 4 hours
(G) Patrol Techniques 16 hours
(H) Crime Prevention Techniques 4 hours
(I) Mechanics of Arrest: Vehicle Stops 6 hours
(J) Mechanics of Arrest: Custody Procedures 2 hours
(K) Mechanics of Arrest: Processing Arrestee 4 hours
(L) Special Populations 12 hours
(M) Interviews: Field and In-Custody 8 hours
(N) Motor Vehicle Law 20 hours
(O) Techniques of Traffic Law Enforcement 6 hours
(P) Dealing with Victims and the Public 8 hours
(Q) Civil Process 24 hours
(R) Supplemental Custody Procedures 8 hours
{^ Firoarmo Qualification (Handgun and Shotgun Course)
TOTAL HOURS 180 hours
(24) Persons who have previously completed a minimum 472-hour Basic Law Enforcement Training Course accredited
by the North Carolina Sheriffs' Education and Training Standards Commission, under the guidelines administered
beginning January \^ 1996 and who have been separated from a sworn law enforcement position for over one
year but no more than three years shall be required to complete the following portions of a commission-accredited
Basic Law Enforcement Training Course and successfully pass the State Comprehensive Examination with the
12 month probationary period as prescribed in 12 NCAC lOB 0503(a).
(A) Laws of Arrest, Search and Seizure 16 hours
(B) Elements of Criminal Law
(C) Juvenile Laws and Procedures
(D) Controlled Substances
(E) ABC Laws and Procedures
(F) Motor Vehicle Laws
(G) Civil Process
(H) Supplemental Custody Procedures
TOTAL HOURS
(b) In those instances not specifically incorporated within this Section or where an evaluation of the applicant's prior
training and experience determines that required attendance in the entire Basic Law Enforcement Training Course would be
impractical, the director is authorized to exercise his/her discretion in determining the amount of training those persons shall
complete during their probationary period.
Statutory Authority G.S. 17E-4; 17E-7.
SECTION .0600 - MINIMUM STANDARDS OF TRAINING FOR DETENTION OITICERS
.0601 JAILER DETENTION OFFICER CERTinCATION COURSE
(a) This Section establishes the current minimum standard by which Sheriffs' Department persormel shall receive jailor
detention officer training. These rules will serve to raise the level of jailer detention officer training heretofore available
to law enforcement officers across the state. The Jail er Detention Officer Certification Course shall consist of a minimum
of 455 140 hours of instruction designed to provide the trainee with the skills and knowledge necessary to perform those tasks
considered essential to the administration and operation of a confinement facility.
(b) Each Jailer Detention Officer Certification Course shall include the following identified topic areas and approximate
minimum instructional hours for each area:
(1) Diisciplinar)' Procoduroa Orientation 2 hours
(2) Contraband/Searches Criminal Justice System 6 3 hours
(3) Transportation of Inmateo Legal Aspects of Management & Supervision 6 19 hours
(4) Proooooing Inmates Contraband/Searches 5 6 hours
(5) Patrol and Emergency Procoduroa Processing Inmates 5 hours
(6) RocroQtion and Visiting First Aid & CPR 3 10 hours
(7) Key and Tool Control Medical Care in the Jail 4- 5 hours
(8) StreoB Patrol & Security Functions of the Jail 3 5 hours
737 NORTH CAROLINA REGISTER August 1, 1995 10:9
24 hours
8 hours
6 hours
4 hours
20 hours
24 hours
8 hours
1 10 hours
PROPOSED RULES
(9) Spooial Populations Key and Tool Control 5 2 hours
(10) Modioal Coro in the Jail Supervision & Management of Inmates 5 hours
(11) First Aid and CPR ^National Sofotv Counoil) Suicides & Crisis Management 44 5 hours
(12) Uummod Solf Dofonoo Introduction to Rules & Regulations Governing Jails 4* 2 hours
(13) Writton Communioation Stress 3 2 hours
(14) IjQgal Righto and Rooponoibilities Investigative Process in the Jail 43 9 hours
(15) Civil Liability' Unarmed Self-Defense 3 24 hours
(16) Suicidoo in tho Jail Special Populations 4 hours
(17) Introduction to Ruloo and Regulations Governing Jail Faoilitieo Transportation of Inmates 3- 6 hours
(18) Role of tho Jailer in Superi^ision, Communioation, and Crioio Managomont Fire Emergencies 6 X2 hours
(19) Handling Fire Emorgoncioa Physical Assessment 46 4 hours
(20) Invofltigativo Dutioe of tho Jailor Review/Testing 4 7 hours
(21) LiOgol Aopooto of Criminal Investigation State Comprehensive Examination 3 hours
(33) Tootif>'ing in Court A hours
(33) Phyaioal Assooomont of Jailors 4 houra
(34) CommiBsion Exam 3 hours
TOTAL HOURS 4^ HO hours
(c) In addition to the requirements of Paragraph (b) of this Rule, the reading component of a standardized test shall be
administered to each trainee within the first two weeks of the Jailor Detention Officer Certification Course, and the reading
grade level repxDrted as a part of the trainee's official training records. The school director shall determine the test instrument
to be used.
(d) Consistent with the curriculum development policy of the Commission, the Commission shall designate the develop)er
of the Jailor Detention Officer Certification Course curricula and such designation shall be deemed by the Commission as
approval for the developer to conduct pilot Jailer Detention Officer Certification Courses. Individuals who successfully
complete such a pilot Jailer Etetention Officer Certification Course offering shall be deemed to have successfiiUy complied
with and satisfied the minimum training requirement.
(e) The "Jatlef Detention Officer Certification Training Manual" as published by the North Carolina Justice Academy is
hereby adopted by reference and shall automatically include any later amendments and editions of the adopted matter as
authorized by G.S. 1 506- 14(c) to apply as the basic curriculum for the Jailer Detention Officer Certification Course.
(f) The "
Jailor Detention Officer Certification Course Management Guide" as published by the North Carolina Justice
Academy is hereby adopted by reference and shall automatically include any later amendments, editions of the adopted matter
as authorized by G.S. 150B-14(c) to be used by certified school directors Ln planning, implementing and delivering basic
jailer detention officer training. Each certified school director shall be issued a copy of the guide at the time of certification
at no cost to the accredited school.
Statutory Authority G. S. 1 7E-4(a).
.0602 TIME REQ/COMPLETION//DETENTION OFFICER CERT TRAINING COURSE
(a) Each individual employed by a sheriffs dejDartment or a district confinement facility as a jailor detention officer holding
probationary certification shall satisfactorily complete a commission-accredited jailer detention officer training course. The
individual shall complete such course within one year from the date of his original appointment as a jailer detention officer
as determined by the date of the probationary certification. Any individual employed as a jailor detention officer who does
not comply with this Rule or other training provisions of this Chapter shall not be authorized to exercise the jxjwers of a
jailer detention officer. If, however, an individual has enrolled in a commission-accredited jailer detention officer course
that concludes later than the end of the individual's probationary jjeriod, the Commission may extend, for good cause shown,
the probationary period for a period not to exceed six months.
(b) Persons having completed a commission-accredited jailor detention officer training course and not having been duly
apf)ointed and certified as a jailer detention officer within one year of completion of the course shall complete a subsequent
commission-accredited jailer detention officer training course in its entirety and successfully pass the State Comprehensive
Examination within the 12 month probationary period as prescribed in 12 NCAC lOB .0602(a), unless the Director
determines that a delay in applying for certification was due to simple negligence on the part of the applicant or employing
agency, in which case the Director may accept the commission-accredited jailer detention officer training program which
is over one year old. Such extension of the one year period shall not exceed 30 days from the expiration date of a
commission-accredited jailor detention officer training program.
Statutory Authority G.S. 17E-4.
10:9 NORTH CAROLINA REGISTER August 1, 1995 738
PROPOSED RULES
.0603 EVALUATION FOR TRAINING WAIVER
(a) The following rules shall be used by division staff in evaluating a jail er's detention officer's training and experience
to determine eligibility for a waiver of training:
(1) Persons who have separated from a jailor detention officer position during the probationary period after having
completed a commission-accredited jailer detention officer training course and who have been separated from a
jail e r detention officer position for more than one year shall complete a subsequent commission-accredited jailer
detention officer training course in its entirety and successfiilly pass the State Comprehensive Examination within
the 12 month probationary period as described in 12 NCAC lOB .0602(a).
(2) Persons who separated from a jailer detention officer position during their probationary period after having
completed a commission-accredited jail e r detention officer training course and who have been separated from a
jailor detention officer position for one year or less shall serve the remainder of the initial probationary period
in accordance with G.S. 17E-7fb), but need not complete an additional training program.
(3) Persons who separated from a jailor detention officer position during the probationary period without having
completed a jailor detention officer training course or whose certification was suspended pursuant to 12 NCAC
lOB .0204(l!)(l) and who have remained separated or suspended for over one year shall complete a
commission-accredited jailor detention officer training course in its entirety and successfully pass the Slate
Comprehensive E.xamination, and shall be allowed a 12 month probationary period as prescribed in 12 NCAC
lOB .0602(a).
(4) Persons holding General Jailer Detention Officer Certification who have completed a commission-accredited jailor
detention officer training course and who have separated from a jailor detention officer position for more than
one year shall complete a subsequent commission-accredited jaiW detention officer training course in its entirety
and successfully pass the State Comprehensive Examination within the 12 month probationary period as
prescribed in 12 NCAC lOB .0602(a).
(5) Persons holding Grandfather Jailor Detention Officer Certification who separate from a jailor detention officer
position and remain separated from a jail er detention officer position for more than one year shall be required
to complete a commission-accredited jaiW detention officer training program in its entirety and successfully pass
the State Comprehensive Examination within the 12 month probationary period as prescribed in 12 NCAC lOB
.0602(a).
(6) Persons transferring to a sheriffs department from another law enforcement agency who hold a jailer detention
officer certification issued by the North Carolina Criminal Justice Education and Training Standards Commission
shall be subject to evaluation of their prior training and experience on an individual basis. The Division staff
shall determine the amount of training required of these applicants.
(7) Persons holding general certification as a correctional officer issued by the North Carolina Criminal Justice
Education and Training Standards Commission and who:
(A) completed training as a correctional officer after January 1, 1981; and
(B) transfer to a sheriffs department or a district confinement facility in a jailor detention officer position; and
(C) have had less than a one year break in service, or no break in service, shall serve a 12-month probationary
period as prescribed in 12 NCAC lOB .0602(a) and shall complete the following topic areas in a commission-accredited
jailef detention officer certification course and take the state examination in its entirety during that
probationary period:
(i) Disciplinary Proooduros Orientation 2 hours
(ii) Medical Care in th e Jail Legal Aspects of Jail Management & Super\ision & J_9 hours
(iii) Legal Rights and Rospons ibilitios Medical Care in the Jail 43 5 hours
(iv) Civil Liability Investigative Process in the Jail 3 9 hours
(v) Suicides and Crisis Management 4 5 hours
(vi) Introduction to Rules and Regulations Governing Jail Facilities 3 2 hours
(vii) Handling Fire Emergencies in the Jail +6 \2 hours
(viii) Investigative Duties of the Jailor 3 hours
(i*) Legal Aspects of Criminal Inve otigation 3 hours
TOTAL HOURS 50 54 hours
(b) In those instances not specifically incorporated within this Section or where an evaluation of the applicant's prior
training and experience determines that required attendance in the entire Jail e r Detention Officer Training Course would be
impractical, the director is authorized to exercise his/her discretion in determining the amount of training those persons shall
complete during their probationary period.
Statutory Authority G.S. 17E-4; 17E-7.
739 NORTH CAROLINA REGISTER August I, 1995 10:9
PROPOSED RULES
.0604 TRAINEE ATTENDANCE
(a) Each trainee enrolled in an accredited "
Jailor Detention Officer Certification Course" shall attend all class sessions.
The sheriff shall be responsible for the trainee's regular attendance at all sessions of the jeiW detention officer training
course.
(b) The school director may recognize valid reasons for class absences and may excuse a trainee from attendance at
specific class sessions. However, in no case may excused absences exceed ten percent of the total class hours for the course
offering.
(c) If the school director grants an excused absence firom a class session, he shall schedule appropriate make-up work and
ensure the satisfactory completion of such work during the current course presentation or in a subsequent course delivery
as is permissible under 12 NCAC lOB .0605.
(d) A trainee shall not be eligible for administration of the State Comprehensive Examination nor certification for
successfiil course completion if the cumulative total of class absences, with accepted make-up work, exceeds ten j>ercent of
the total class hours of the accredited course offering and should be expediently terminated from further course participation
by the school director at the time of such occurrence.
(e) The school director may terminate a trainee from course participation or may deny certification of successful course
completion where the trainee is habitually tardy to, or regularly departs early from, class meetings or field exercises.
(f) Where a trainee is enrolled in a program as required in 12 NCAC lOB .0601, attendance shall be 100 percent in order
to receive a successful course completion.
Statutory Authority G.S. 17E-4; 17E-7.
.0605 COMPLETION OF DETENTION OFTICER CERTIFICATION COURSE
(a) Each delivery of an accredited "
Jailor Detention Officer Certification Course" is considered to be a unit as set forth
in 12 NCAC lOB .0601 . Each trainee shall attend and satisfactorily complete a full course during a scheduled delivery.
The school director mav develop supplemental rules as set forth in \2 NCAC 108 0704(a')(7'). but mav not add substanitive
courses, or change or expand the substance of the courses set forth in 12 NCAC lOB .0601. This Rule does not prevent
the instruction on local agency rules or standards but such instruction will not be considered or endorsed by the Commission
for purposes of certification. The Director may issue prior written authorization for a specified trainee's limited enrollment
in a subsequent delivery of the same course where the school director provides evidence that:
(1) The trainee attended and satisfactorily completed specified class hours and topics of the "
Jailer Training" course
"Detention Officer Certification Course" but through extended absence occasioned by illness, accident,
emergency, or other good cause was absent for more than ten percent of the total class hours of the course
offering; or
(2) The trainee was granted excused absences by the school director that did not exceed ten percent of the total class
hours for the course offering and the school director could not schedule appropriate make-up work during the
current course offering as specified in 12 NCAC lOB .0604(c) due to valid reasons; or
(3) The trainee participated in an offering of the
"
Jailer Detention Officer Certification Course" but had an identified
deficiency in essential knowledge or skill in either one, two or three, but no more than three, of the specified
topic areas incorporated in the course content as prescribed under 12 NCAC lOB .0601(b).
(b) An authorization of limited enrollment in a subsequent course delivery may not be used by the Director unless in
addition to the evidence required by Paragraph (a) of this Rule:
(1) The trainee submits a written request to the Director, justifying the limited enrollment and certifying that the
trainee's participation shall be accomplished pursuant to Paragraph (c) of this Rule; and
(2) The school director of the previous school offering submits to the director a certification of the particular topics
and class hours attended and satisfactorily completed by the trainee during the original enrollment.
(c) An authorization of limited enrollment in a subsequent course delivery permits the trainee to attend an offering of the
" Jailor Detention Officer Certification Course" commencing within 120 calendar days from the last date of trainee
participation in prior course delivery, but only if the trainee's enrollment with active course participation can be accomplished
within the period of the trainee's probationary certification:
(1) The trainee need only attend and satisfactorily complete those portions of the course which were missed or
identified by the school director as areas of trainee deficiency in the proper course participation.
(2) Following proper enrollment in the subsequent course offering, scheduled class attendance and active participation
with satisfactory achievement in the course, the trainee would be eligible for administration of the State
Comprehensive Examination by the Commission and possible certification of successful course completion.
10:9 NORTH CAROLINA REGISTER August 1, 1995 740
PROPOSED RULES
(d) A trainee who is deficient in four or more subject-matter or topical areas at the conclusion of the course delivery shall
complete a subsequent program [n its entirety.
Surutory- Authority G.S. 17E-4: 17E-7.
.0606 COMP WRITTEN EXAM - DETENTION OFFICER CERTIFICATION COURSE
(a) At the conclusion of a school's offering of the
"
Jailer Detention Officer Certification Course", an authorized
representatiye of the Commission shall administer a comprehensi\ e written examination to each trainee who has satisfactorily
completed all of the course work. A trainee cannot be administered the comprehensiye written examination until such time
as all course work is successfully completed.
(b) The examination shall be an objective test consisting of multiple-choice, true-false, or similar questions covering the
topic areas as described in 12 NCAC lOB .0601(13).
(c) TTie Commission's representative shall submit to the school director uithin ten da_\ s of the administration of the
examination a report of the results of the test for each trainee examined.
(d) A trainee shall successfully complete the comprehensive written examination if he/she achieves a minimum of 70
percent correct answers.
(e) A trainee who has full}' participated in a scheduled deli\erN of an accredited training course and has demonstrated
satisfactory competence in each motor-skill or performance area of the course curriculum but has failed to achieve the
minimum score of 70 percent on the Commission's comprehensive w ritten examination ma\' request the Director to authorize
a re-examination of the trainee.
(1) A trainee's Request for Re-examination shall be made in unting on the Commission's form within 30 days after
the original examination and shall be received by the Division before the expiration of the trainee's probationary
certification as a jailer detention officer .
(2) The trainee's request for re-examlnation shall include the favorable recommendation of the school director w ho
administered the trainee's
"
Jail er Detention Officer Certification Course".
(3) A trainee shall have onl>' one opportunity for re-examination and shall satisfactorily complete the subsequent
examination in its entirety within 90 days after the original examination.
(4) A trainee will be assigned in writing by the Division a place, time, and date for re-examination.
(5) Should the trainee on re-examination not achieve the prescribed minimum score of 70 on the examination, the
trainee may not be recommended for certification and must enroll and complete a subsequent course in its entirety
before further examination may be permitted.
Statutory Authority G.S. 17E-4: 17E-7.
.0607 SATISFACTION OF MLMMUM TRAINING REQUIREMENTS
In order to satisfy the minimum training requirements for certification as a jailor detention officer , a trainee shall:
(1) achieve a score of 70 percent correct answers on the Commission-administered comprehensive written
examination;
(2) demonstrate successful completion of an accredited offering of the
"
Jailer Detention Officer Certification Course"
as shown by the certification of the school director; and
(3) obtain the recommendation of the trainee's school director that the trainee possesses at least the minimum degree
of general attributes, knowledge, and skill to function as an inexperienced tatW detention officer .
Statutory- .4uthorit^ G.S. 17E-4: 17E-7.
SECTION .0700 - MINIMUM STANDARDS FOR
JUSTICE OFFICER SCHOOLS AND TRALNESG
PROGRAMS OR COURSES OF INSTRUCTION
.0702 ADMINISTRATION OF JUSTICE OFFICER
SCHOOLS
The rules covering the administration of Criminal Justice
Schools and training programs or courses of instruction,
codified as Title 12. Subchapter 9B. Section .0200 of the
North Carolina ,Administrati\e Code, effective and pre\i-ously
adopted by the North Carolina Criminal Justice
Education And Training Standards Commission are hereby
adopted b_\ reference and shall automatically include any
later amendments and editions of the adopted matter as
authorized by G.S. 150B-14(c) to apply to actions of the
North Carolina Sheriffs' Education and Training Standards
Commission with the exception of the Jail er Detention
Officer Certification Course.
Statutory Authority G. S. 1 7E-4.
.0703 ADMINISTRATION OF DETENTION
OFFICER CERTIFICATION COUTiSE
(a) The executi\e officer or officers of the institution or
agency sponsoring a Jail e r Detention Officer Certification
Course shall ha\e primary responsibility for implementation
741 NORTH CAROLINA REGISTER August 1, 1995 10:9
PROPOSED RULES
of these rules and standards and for administration of the
school.
(b) The executive officers shall designate a comjiensated
staff member who is certified by the Commission who may
apply to be the school director. The school director shall
have administrative responsibility for planning scheduling,
presenting, coordinating, reporting, and generally managing
each sponsored jailor training oourao detention officer
certification course .
(c) The executive officers of the institution or agency
sponsoring the Jailer Detention Officer Certification Course
shall:
(1) acquire and allocate sufficient financial resources
to provide commission-certified instructors and
to meet other necessary program expenses;
(2) provide adequate secretarial, clerical, and other
supportive staff assistance as required by the
school director;
(3) provide or make available suitable facilities,
equipment, materials, and supplies for compre-hensive
and qualitative course delivery, specifi-cally
including the following:
(A) a comfortable, well-lighted and ventilated
classroom with a seating capacity sufficient to
accommodate all attending trainees;
(B) audio-visual equipment and other instructional
devices and aids necessary and beneficial to
the delivery of effective training;
(C) a library for trainees' use covering the subject
matter areas relevant to the training course,
maintained in current status and having suffi-cient
copies for convenient trainee access;
(D) Where required by course content, provide or
make available facilities, equipment, and
supplies to provide training in physical and
motor-skill exercises such as handling disrup-tive
people, CPR, handling fire emergencies
and cell searches.
Statutory Authority G. S. 1 7E-4.
.0704 RESPONSIBILmES: SCHOOL DIRECTORS
(a) In planning, developing, coordinating, and delivering
each commission accredited Jailor Etetention Officer Certifi-cation
Course, the school director shall:
(1) Formalize and schedule the course curriculum in
accordance with the curriculum standards estab-lished
by the Commission.
(A) The Jailer Detention Officer Certification
Course shall be presented with a minimum of
40 hours of instruction each week during
consecutive calendar weeks until course re-quirements
are completed.
(B) In the event of exceptional or emergency
circumstances, the Director may, upon written
fmding of justification, grant a waiver of the
minimum hours requirement.
(2) Select and schedule qualified instructors who are
properly certified by the Commission. The
selecting and scheduling of instructors is subject
to special requirements as follows:
(A) No single individual may be scheduled to
instruct more than 35 percent of the total hours
of the curriculum during any one delivery
except as set forth in Part (a)(2)(B) of this
Rule.
(B) Where the school director shows exceptional
or emergency circumstances and the school
director documents that an instructor is quali-fied
to instruct more than 35 percent of the
total hours of the curriculum, the Director of
the Division may grant written approval for
the expansion of the individual instructional
limitation.
(3) Provide each instructor with a commis-sion-
approved course outline and all necessary
additional information concerning the instruc-tor's
duties and responsibilities.
(4) Review each instructor's lesson plans and other
instructional materials for conformance to estab-lished
commission standards and to minimize
repetition and duplication of subject matter.
(5) Shall permanently maintain records of all Jailor
Detention Officer Certification Courses spon-sored
or delivered by the school, reflecting:
(A) Course title;
(B) Delivery hours of course;
(C) Course delivery dates;
(D) Names and addresses of instructors utilized
within designated subject-matter art»i5;
(E) A roster of enrolled trainees, showing class
attendance and designating whether each
trainee's course participation was successful or
unsuccessful including individual test scores
indicating each trainee's proficiency in each
topic area and methods or instruments;
(¥) Copies of all rules, regulations and guidelines
developed by the school director;
(G) Documentation of any changes in the initial
course outline, including substitution of in-structors;
and
(H) Documentation of make-up work achieved by
each individual trainee, including test scores
and methods or instruments.
(6) Arrange for the timely availability of appropriate
audiovisual aids and materials, publications,
facilities and equipment for training in all topic
areas.
(7) Develop, adopt, reproduce, and distribute any
supplemental rules, regulations, and require-ments
determined by the school to be necessary
or appropriate for:
(A) Effective course delivery;
(B) Establishing responsibilities and obligations of
10:9 NORTH CAROLINA REGISTER August 1, 1995 742
PROPOSED RULES
agencies or departments employing course
trainees; and
(C) Regulating trainee participation and demeanor
and ensuring trainee attendance and maintain-ing
pierformance records.
A copy of such rules, regulations and requirements
shall be submitted to the Director as an attachment
to the Pre-Delivery Report of Training Course
Presentation, Form F-7A. A copy of such rules
shall also be given to each trainee and to the sheriff
of each trainee's employing agency at the time the
trainee enrolls In the course.
(8) If appropriate, recommend housing and dining
facilities for trainees.
(9) Not less than 30 days before commencing deliv-ery
of the course, submit to the Commission a
Pre-Deliveiy Report of Training Course Presen-tation
(Form F-7A) along with the following
attachments:
(A) A comprehensive course schedule showing
arrangement of topical presentations and pro-fKJsed
instructional assignments;
(B) A copy of any rules, regulations, and require-ments
for the school and, when appropriate,
completed applications for certification of
instructors.
(C) The Director shall review the submitted
Pre-Delivery Report together with all attach-ments
to ensure that the school is in compli-ance
with all commission mandated rules and
regulations; if school's rules are found to be in
violation, the Director shall notify the school
director of deficiency, and approval will be
withheld until all matters are in compliance
with the Commissions' rules.
(10) Administer the course delivery in accordance
with commission-approved procedures, guide-lines,
and standards and ensure that the training
offered is as effective as possible.
(11) Monitor or designate a certified instructor to
monitor the presentations of all probationary
instructors during course delivery and prepare
formal written evaluations on their performance
and suitability for subsequent instructional
assignments. TTiese evaluations shall be pre-pared
on commission-approved forms and for-warded
to the Division at the conclusion of each
delivery. Based on this evaluation the school
director shall have the added responsibility for
recommending approval or denial of requests for
Gonoml Jail Detention Officer Instructor Certifi-cation,
Limited Lecturer Certification or Profes-sional
Lecturer Certification.
(12) Monitor or designate a certified instructor to
monitor the presentations of all other instructors
during course delivery and prepare formal
written evaluations on their performance and
suitability for subsequent instructional assign-ments.
Instructor evaluations shall be prepared
on commission-approved forms in accordance
with commission standards. These evaluations
shall be kept on file by the school for a period
of three years and shall be made available for
inspection by a representative of the Commission
upon request.
(13) Ensure that any designated certified instructor
who is evaluating the instructional presentation
of another shall, at a minimum, hold certifica-tion
in the same instructional topic area as that
being taught.
(14) Administer or designate a qualified person to
administer appropriate tests as determined neces-sary
at various intervals during course delivery.
(15) Maintain direct supervision, direction, and
control over the performance of all persons to
whom any pxjrtion of the planning, development,
presentation, or administration of a course has
been delegated.
(16) During a dehveiy of the Jailer Detention Officer
Certification Course, make available to autho-rized
representatives of the Commission three
hours of scheduled class time and classroom
facilities for the administration of a written
examination to those trainees who have satisfac-torily
completed all course work.
(17) Not more than ten days after receiving from the
Commission's representative the Report of
Examination Scores, the school director shall
submit to the Commission a Post-Delivery
Report of Training Course Presentation (Form
7-B).
Statutory Authority G. S. 1 7E-4.
.0705 CERTIFICATION: SCHOOL DIRECTORS
(a) Any person designated to act as, or who performs the
duties of, a school director in the delivery or presentation of
a commission-accredited jailer detention officer training
course shall be and continuously remain certified by the
Commission as a school director.
(b) To qualify for certification as school director of the
Jailor Detention Officer Certification Course, the applicant
shall:
( 1 ) Submit a written request for the issitance of such
certification executed by the executive officer of
the institution or agency currently accredited, or
which may be seeking accreditation, by the
Commission to make presentation of accredited
training programs and for whom the applicant
will be the designated school director.
(2) Be currently certified as a criminal justice
instructor by the North Carolina Criminal Justice
Education and Training Standards Commission;
and
(3) Attend or must have attended the most current
offering of the school director's conference as
743 NORTH CAROLINA REGISTER August 1, 1995 10:9
PROPOSED RULES
presented by the Commission staff and staff of
the North Carolina Criminal Justice Education
and Training Standards Commission and Stan-dards
Division.
Statutory Authority G.S. 17E-4.
.0706 TERMS AND CONDITIONS OF SCHOOL
DIRECTOR CERTIFICATION
(a) The term of certification as a school director is two
years from the date the Commission issues the certification
unless earlier terminated by action of the Commission.
Upon application the certification may subsequently be
renewed by the Commission for two-year periods. The
application for renewal shaU contain documentation meeting
the requirements of Rule .0705(b)(1).
(b) To retain certification as a school director, the school
director shall:
(1) Adequately perform the duties and responsibili-ties
of a school director as specifically required
in Rule .0704.
(2) Maintain an updated copy of the "Jailor Training
Inatructor Notebook" "Detention Officer Certifi-cation
Training Manual" assigned to each ac-credited
school.
Statutory Authority G.S. 17E-4.
SECTION .0800 - ACCREDITATION OF JUSTICE
OFFICER SCHOOLS AND TRAINING COURSES
.0801 ACCREDITATION: JUSTICE OFFICER
SCHOOLS/TRAINING COURSES
The rules covering the accreditation of Criminal Justice
Schools and training courses, codified as Title 12, Subchap-ter
9C, Section .0400 of the North Carolina Administrative
Code, and previously adopted by the North Carolina
Criminal Justice Education And Training Standards Com-mission,
are hereby adopted by reference and shall automati-cally
include any later amendments and editions of the
adopted matter as authorized by G.S. 150B-14(c), to apply
to actions of the Commission with the exception of the Jail-
Detention Officer Instructor, Jail Detention Officer Schools
and Training Courses.
Statutory Authority G.S. 17E-4.
.0802 ACCREDITATION: DELIVERY/DETENTION
OFFICER CERTIFICATION COURSE
(a) An institution or agency to be accredited to deliver a
Jailor Detention Officer Certification Course must submit a
Form F-7 requesting school accreditation.
(b) School accreditation shall remain effective until
surrendered, suspended, or revoked.
(c) The Commission may suspend or revoke the accredi-tation
of a school when it fmds that the school has failed to
meet or to continuously maintain any requirement, standard
or procedure for school accreditation or course delivery as
required by Section .0700 of this Subchapter.
Statutory Authority G.S. 17E-4.
.0803 REPORTS/DETENTION OFFICER CERT
COURSE PRESENTATION/COMPLETION
Each presentation of the Jailor Detention Officer Certifica-tion
Course shall be reported to the Commission as follows:
(1) After acquiring accreditation for the course and
before commencing each delivery of the course,
the school director shall, no less than 30 days
prior to the scheduled deliveiy, notify the Division
of the school's intent to offer the training course
by submitting a Pre-Delivery Report of Training
Course Presentation (Form F-7A); and
(2) Upon completing delivery of the accredited
course, and not more than ten days after receivLag
from the Commission's representative the Report
of Examination Scores, the school director shall
notify the Division regarding the progress and
achievement of each enrolled trainee by submitting
a Post-Delivery RejX)rt of Training Course Presen-tation
(Form F-7B). This report shall also include
each trainee's reading grade level as determined
by testing required in 12 NCAC lOB .0601(c).
Statutory Authority G.S. 17E-4; 17E-7.
SECTION .0900 - MINIMUM STANDARDS FOR
JUSTICE OFFICER INSTRUCTORS
.0901 CERT/INSTRUCTORS/BASIC LAW
ENFORCEMENT TRAINING COURSE
The rules covering the certification of instructors, codified
as Title 12, Subchapter 9B, Section .0300 of the North
Carolina Administrative Code, and previously adopted by
the North Carolin