NC Register Volume 19 Issue 06 - Office of Administrative Hearings

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PROPOSED RULESLocal 12 NCAC 10B .0406, .0505, .0703Substantive (>$3,000,000)None 12 NCAC 10B .0204, .0301, .0405, .0704,.0709, .0713, .0802, .0903-.0905, .0911, .0913- .0915, .0919CHAPTER 10 - N.C. SHERIFFS' EDUCATION ANDTRAINING STANDARDS COMMISSIONSUBCHAPTER 10B - N.C. SHERIFFS' EDUCATION ANDTRAINING STANDARDS COMMISSIONSECTION .0200 - ENFORCEMENT RULES12 NCAC 10B .0204 SUSPENSION: REVOCATION:OR DENIAL OF CERTIFICATION(a) The Commission shall revoke or deny the certification of ajustice officer when the Commission finds that the applicant forcertification or the certified officer has committed or beenconvicted of:(1) a felony; or(2) a crime for which the authorized punishmentcould have been imprisonment for more thantwo years.(b) The Commission shall revoke, deny, or suspend thecertification of a justice officer when the Commission finds thatthe applicant for certification or the certified officer:(1) has not enrolled in and satisfactorilycompleted the required basic training course inits entirety within a one year time period asspecified by these Rules; or(2) fails to meet or maintain any of the minimumemployment or certification standards requiredby 12 NCAC 10B .0300; or(3) fails to satisfactorily complete the minimumin-service training requirements as presentedin 12 NCAC 10B .2000 and .2100; or(4) has refused to submit to the drug screen asrequired in 12 NCAC 10B .0301(6) or.0406(b)(4) or in connection with anapplication for or certification as a justiceofficer or a criminal justice officer as definedin 12 NCAC 9A .0103(6); or(5) has produced a positive result on any drugscreen reported to the Commission as specifiedin 12 NCAC 10B .0410 or reported to anycommission, agency, or board established tocertify, pursuant to said commission, agency,or boards' standards, a person as a justiceofficer or a criminal justice officer as definedin 12 NCAC 9A .0103(6), unless the positiveresult is explained to the Commission'ssatisfaction.(c) The Commission may revoke, deny, or suspend thecertification of a justice officer when the Commission finds thatthe applicant for certification or certified justice officer:(1) has knowingly made a materialmisrepresentation of any information requiredfor certification or accreditation from theCommission or the North Carolina CriminalJustice Education and Training StandardsCommission. This Rule shall also apply toobtaining or attempting to obtain in-servicefirearms requalification as required by 12NCAC 10B .2000 and .2100; or(2) has knowingly and designedly by any meansof false pretense, deception, fraud,misrepresentation or cheating whatsoever,obtained or attempted to obtain credit, trainingor certification from the Commission or theNorth Carolina Criminal Justice Education andTraining Standards Commission. This Ruleshall also apply to obtaining or attempting toobtain in-service firearms requalification asrequired by 12 NCAC 10B .2000 and .2100; or(3) has knowingly and designedly by any meansof false pretense, deception, fraud,misrepresentation or cheating whatsoever,aided another in obtaining or attempting toobtain credit, training, or certification from theCommission or the North Carolina CriminalJustice Education and Training StandardsCommission. This Rule shall also apply toobtaining or attempting to obtain in-servicefirearms requalification as required by 12NCAC 10B .2000 and .2100; or(4) has been removed from office by decree of theSuperior Court in accordance with theprovisions of G.S. 128-16 or has beenremoved from office by sentence of the courtin accord with the provisions of G.S. 14-230;or(5) has been denied certification or had suchcertification suspended or revoked by theNorth Carolina Criminal Justice Education andTraining Standards Commission.Commission, or a similar North Carolina, outof-stateor federal approving, certifying orlicensing agency.(d) The Commission may revoke, suspend or deny thecertification of a justice officer when the Commission finds thatthe applicant for certification or the certified officer hascommitted or been convicted of:(1) a crime or unlawful act defined in 12 NCAC10B .0103(10)(b) as a Class B misdemeanorand which occurred after the date of initialcertification; or(2) a crime or unlawful act defined in 12 NCAC10B .0103(10)(b) as a Class B misdemeanorwithin the five-year period prior to the date ofappointment; or(3) four or more crimes or unlawful acts definedin 12 NCAC 10B .0103(10)(b) as Class Bmisdemeanors regardless of the date ofcommission or conviction; or(4) four or more crimes or unlawful acts definedin 12 NCAC 10B .0103(10)(a) as a Class Amisdemeanor, each of which occurred after thedate of initial certification; or19:06 NORTH CAROLINA REGISTER September 15, 2004594
PROPOSED RULES(5) four or more crimes or unlawful acts definedin 12 NCAC 10B .0103(10)(a) as a Class Amisdemeanor except the applicant shall becertified if the last conviction or commissionoccurred more than two years prior to the dateof appointment; or(6) any combination of four or more crimes orunlawful acts defined in 12 NCAC 10B.0103(10)(a) as a Class A misdemeanor ordefined in 12 NCAC 10B .0103(10)(b) as aClass B misdemeanor regardless of the date ofcommission or conviction.(e) Without limiting the application of G.S. 17E, a person whohas had his certification suspended or revoked may not exercisethe authority or perform the duties of a justice officer during theperiod of suspension or revocation.(f) Without limiting the application of G.S. 17E, a person whohas been denied certification may not be employed or appointedas a justice officer or exercise the authority or perform the dutiesof a justice officer.Authority G.S. 17E-7.SECTION .0300 – MINIMUM STANDARDS FOREMPLOYMENT AND CERTIFICATION AS AJUSTICE OFFICER12 NCAC 10B .0301 MINIMUM STANDARDS FORJUSTICE OFFICERS(a) Every Justice Officer employed or certified in NorthCarolina 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 employingagency;(5) have had a medical examination by a licensedphysician;(6) have produced a negative result on a drugscreen administered according to the followingspecifications:(A) the drug screen shall be a urine testconsisting of an initial screening testusing an immunoassay method and aconfirmatory test on an initialpositive result using a gaschromatography/mass spectrometry(GC/MS) or other reliable initial andconfirmatory tests as may, from timeto time, be authorized or mandated bythe Department of Health and HumanServices for Federal Workplace DrugTesting Programs; and(B) a chain of custody shall bemaintained on the specimen fromcollection to the eventual discardingof the specimen; and(C)(D)(E)(F)the drugs whose use shall be testedfor shall include at least cannabis,cocaine, phencyclidine (PCP), opiatesand amphetamines or theirmetabolites; andthe test threshold values establishedby the Department of Health andHuman Services for FederalWorkplace Drug Testing Programsare hereby incorporated by reference,and shall automatically include anylater amendments and editions of thereferenced materials. Copies of thisinformation may be obtained from theNational Institute on Drug Abuse,5600 Fisher Lane, Rockville,Maryland 20857 at no cost at the timeof adoption of this Rule; andthe test conducted shall be not morethan 60 days old, calculated from thetime when the laboratory reports theresults to the date of employment;andthe laboratory conducting the testmust be certified for federalworkplace drug testing programs, andmust adhere to applicable federalrules, regulations and guidelinespertaining to the handling, testing,storage and preservation of samples,except that individual agencies mayspecify other drugs to be tested for inaddition to those drugs set out in Part(C) of this Rule;(G) every agency head shall makearrangements for the services of amedical review officer (MRO) for thepurpose of review of drug testsreported by the laboratory and suchofficer shall be a licensed physician;(7) within five working days notify the StandardsDivision and the appointing department headin writing of all criminal offenses with whichthe officer is charged and all DomesticViolence Orders (50B) which are issued by ajudicial official and which provide anopportunity for both parties to be present; andshall also give notification, in writing, to theStandards Division and the appointingdepartment head following the adjudication ofthese criminal charges and Domestic ViolenceOrders (50B). This shall include all criminaloffenses except minor traffic offenses andshall specifically include any offense ofDriving Under The Influence (DUI) or DrivingWhile Impaired (DWI). A minor trafficoffense is defined, for purposes of thisSubparagraph, as an offense where themaximum punishment allowable is 60 days or19:06 NORTH CAROLINA REGISTER September 15, 2004595
Page 1 and 2: NORTH CAROLINAREGISTERIN THIS ISSUE
Page 3 and 4: NORTH CAROLINA REGISTERPublication
Page 5 and 6: EXECUTIVE ORDERSEXECUTIVE ORDER NO.
Page 7 and 8: EXECUTIVE ORDERSThis Executive Orde
Page 9 and 10: IN ADDITIONNC DENR will provide aux
Page 11 and 12: IN ADDITION1. In construction where
Page 13: PROPOSED RULESNote from the Codifie
Page 17 and 18: PROPOSED RULESAuthority G.S. 17E-4;
Page 19 and 20: PROPOSED RULESSECTION .0700 - MINIM
Page 21 and 22: PROPOSED RULEStraining in all topic
Page 23 and 24: PROPOSED RULESassignments. Instruct
Page 25 and 26: PROPOSED RULESthan one year, then t
Page 27 and 28: PROPOSED RULESexpiration of the ins
Page 29 and 30: PROPOSED RULESOF ON-SITE SUBSURFACE
Page 31 and 32: PROPOSED RULESdemonstration backups
Page 33 and 34: PROPOSED RULESthat the standards se
Page 35 and 36: PROPOSED RULESsubsequent changes in
Page 37 and 38: PROPOSED RULES(6) "Successful Compl
Page 39 and 40: PROPOSED RULESdate shall be subject
Page 41 and 42: PROPOSED RULESunauthorized overtime
Page 43 and 44: PROPOSED RULES(9) Regular hourly ra
Page 45 and 46: PROPOSED RULESAuthority G.S. 126-4.
Page 47 and 48: PROPOSED RULESschedules. The employ
Page 49 and 50: TEMPORARY RULESNote from the Codifi
Page 51 and 52: TEMPORARY RULESsought, whether or n
Page 53 and 54: APPROVED RULESterm of the loan with
Page 55 and 56: APPROVED RULESmodifications or repl
Page 57 and 58: APPROVED RULEShigher distribution s
Page 59 and 60: RULES REVIEW COMMISSIONThis Section
Page 61 and 62: RULES REVIEW COMMISSION1 NCAC 41C .
Page 63 and 64: RULES REVIEW COMMISSIONVictim Safet
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RULES REVIEW COMMISSIONAmend/*Equip
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RULES REVIEW COMMISSIONRepeal/*Floo
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RULES REVIEW COMMISSIONAmend/*Adver
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RULES REVIEW COMMISSIONAmend/*Actio
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CONTESTED CASE DECISIONSThis Sectio
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CONTESTED CASE DECISIONSOFFICE OF S
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NC Register Volume 19 Issue 06 - Office of Administrative Hearings

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