NC Register Volume 19 Issue 06 - Office of Administrative Hearings

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