NC Register Volume 19 Issue 06 - Office of Administrative Hearings

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PROPOSED RULESless. Other offenses under G.S. 20 (MotorVehicles) or similar laws of other jurisdictionswhich shall be reported to the Divisionexpressly include G.S. 20-139 (persons underthe influence of drugs), G.S. 20-28(b) (drivingwhile license revoked or permanentlysuspended) and G.S. 20-166 (duty to stop inevent of accident). The initial notificationrequired must specify the nature of the offense,the date of offense, and the arresting agency.The notifications of adjudication required mustspecify the nature of the offense, the court inwhich the case was handled and the date ofdisposition, and must include a certified copyof the final disposition from the Clerk of Courtin the county of adjudication. Thenotifications of adjudication must be receivedby the Standards Division within 30 days ofthe date the case was disposed of in court.Officers required to notify the StandardsDivision under this Subparagraph shall alsomake the same notification to their employingor appointing department head within 20 daysof the date the case was disposed of in court.The department head, provided he hasknowledge of the officer's charge(s) andDomestic Violence Orders (50B) shall alsonotify the Division within 30 days of the datethe case or order was disposed of in court.Receipt by the Standards Division of timelynotification of the initial offenses charged andof adjudication of those offenses, from eitherthe officer or the department head, is sufficientnotice for compliance with this Subparagraph;(8) be of good moral as defined in: In re Willis,299 N.C. 1, 215 S.E.2d 771 appeal dismissed423 U.S. 976 (9175); (1975); State v. Harris,216 N.C. 746, 6 S.E.2d 854 (1940); In reLegg, 325 N.C. 658, 386 S.E.2d 174 (1989); Inre Applicants for License, 143 N.C. 1, 55 S.E.635 (1906); In re Dillingham, 188 N.C. 162,124 S.E. 130 (1924); State v. Benbow, 309N.C. 538, 308 S.E.2d 647 (1983); and theirprogeny;(9) have a background investigation conducted bythe employing agency, to include a personalinterview prior to employment;(10) not have committed or been convicted of acrime or crimes as specified in 12 NCAC 10B.0307.(b) The requirements of this Rule shall apply to all applicationsfor certification and shall also be applicable at all times duringwhich the justice officer is certified by the Commission.Authority G.S. 17E-7; 95-230; 95-231; 95-232; 95-233; 95-234;95-235.SECTION .0400 – CERTIFICATION OFJUSTICE OFFICERS12 NCAC 10B .0405 REPORT OF SEPARATION(a) An agency separating a person from employment orappointment as a justice officer shall, not later than 10 days afterseparation, forward to the Division a completed Report ofSeparation (F-5).(b) Although not presently required by these Rules, it isrecommended by the Commission that the employing agencycancel the oath of office of a justice officer who has separated.(c) The employing agency shall notify the justice officer withappropriate notations on the Report of Separation (Form F-5), ofthe effective date of separation as reported to the Division.Division, and provide documentation of such notification at thetime Report of Separation (Form F-5) is submitted to theDivision. Where no such documentation is provided, theDivision will mail a copy of the Report of Separation (Form F-5)to the justice officer's last known address.Authority G.S. 17E-4.12 NCAC 10B .0406 LATERALTRANSFER/REINSTATEMENTS(a) The General or Grandfather Certification of an officermeeting the requirements of 12 NCAC 10B .0103(9) maylaterally transfer to an agency and be certified upon compliancewith this Rule.(b) The employing agency shall verify the applicant'scertification status with the Division prior to submission of theapplication for certification as a justice officer.(c) In order for an officer to be certified pursuant to this Rule,Paragraph (a) of this Rule, the employing agency shall submit tothe Division, along with the Report of Appointment (F-4), (F-4or F-4T),the documents required in 12 NCAC 10B .0408.(d) An officer whose certification has been suspended pursuantto 12 NCAC 10B .0204(b)(1) may have that certificationreinstated provided that:(1) the period of suspension has been one yearsixmonths or less; and(2) the employing agency submits to the Division,along with a Report of Appointment, thedocuments required in 12 NCAC 10B .0305.(2)(3) the officer has successfully completed thebasic training requirements as prescribed in 12NCAC 10B .0500 or .0600 or .1300.(e) An officer for whom a Report of Separation (Form F-5) hasbeen submitted to the Division, and who is re-appointed in thesame agency, may be reinstated provided that:(1) the period of separation has been 6-months orless; and(2) the employing agency submits to the Division,along with a Report of Appointment, thedocuments required in 12 NCAC 10B .0305.(e)(f) Requirements of Paragraph (c) of this Rule are waived forofficers whose certifications are reinstated pursuant to Paragraph(d) Paragraphs (d) and (e) of this Rule.(f)(g) All information maintained pursuant to the requirementsof this Rule shall be subject to all state and federal lawsgoverning confidentiality.19:06 NORTH CAROLINA REGISTER September 15, 2004596
PROPOSED RULESAuthority G.S. 17E-4; 17E-7.SECTION .0500 – MINIMUM STANDARDS OFTRAINING FOR DEPUTY SHERIFFS12 NCAC 10B .0505 EVALUATION FOR TRAININGWAIVERThe Division staff shall evaluate each deputy's training andexperience to determine if equivalent training has beensatisfactorily completed as specified in 12 NCAC 10B .0504(a).The following rules shall be used by Division staff in evaluatingan applicant's training and experience to determine eligibility fora waiver of training.(1) Persons who separated from a sworn lawenforcement position during their probationaryperiod after having completed acommission-accredited Basic LawEnforcement Training Course and who havebeen separated from a sworn law enforcementposition for one year or less shall serve theremainder of the initial probationary period inaccordance with G.S. 17E-7(b), but need notcomplete an additional training program.(2) Persons who separated from a sworn lawenforcement position during their probationaryperiod without having completed Basic LawEnforcement Training, or whose certificationwas suspended pursuant to 12 NCAC 10B.0204(b)(1), and who have remained separatedor suspended for over one year shall completea commission-accredited Basic LawEnforcement Training Course in its entiretyand pass the State ComprehensiveExamination, and shall be allowed a 12 monthprobationary period as prescribed in 12 NCAC10B .0503(a).(3) Persons transferring to a Sheriff's Office fromanother law enforcement agency who heldcertification and who have previouslycompleted a commission-accredited Basic LawEnforcement Training Course beginning on orafter October 1, 1984, and continuing to July1, 2000 and who have been separated from asworn law enforcement position for no morethan one year or who have had no break inservice shall be required to complete thefollowing enumerated topics of acommission-accredited Basic LawEnforcement Training Course and pass thatportion of the State ComprehensiveExamination which deals with those subjectswithin 12 months of the date of appointment asdefined in 12 NCAC 10B .0103(1).(a) Civil Process 24 hours(b) Sheriffs' Responsibilities: DetentionDuties4 hours(c) Sheriffs' Responsibilities: CourtDuties6 hoursUNIT TOTAL 34 hours(4) Persons who have training and experience as amilitary law enforcement officer and areappointed as a deputy sheriff in North Carolinashall be required to complete acommission-accredited Basic LawEnforcement Training Course in its entiretyregardless of previous military training andexperience and pass the State ComprehensiveExamination within the 12 month probationaryperiod as prescribed in 12 NCAC 10B.0503(a).(5) Persons transferring to a sheriff's office fromanother law enforcement agency who havepreviously completed a commission accreditedBasic Law Enforcement Training Coursebeginning on or after January 1, 1996 andcontinuing to July 1, 1997, and who did notcomplete the Commission's Driver Trainingcurriculum, and who have been separated froma sworn law enforcement position for no morethan one year or who have had no break inservice shall be required to complete thefollowing enumerated topics of a commission -accredited Basic Law Enforcement TrainingCourse within 12 months of the date ofappointment as defined in 12 NCAC 10B.0103(1):Law Enforcement Driver Training 40 hours(6) North Carolina applicants shall:(a) have a minimum of two years fulltimesworn law enforcementexperience which occurred prior totheir application;(b) have had a break in service exceedingone year;(c) have previously received General orGrandfather certification as a swornlaw enforcement officer by either theCommission or the North CarolinaCriminal Justice Education andTraining Standards Commission, andsuch certification has not beendenied, revoked or suspended byeither Commission; and(d) have held general powers of arrest.(7) Out-of-state transferees shall:(a)have a minimum of two years fulltimesworn law enforcementexperience which occurred prior totheir application;(b) have held certification in goodstanding as a sworn law enforcementofficer from the appropriate Peace(c)Officer's Standards and Trainingentity in the transferee's respectivestate;have had general powers of arrest;and19:06 NORTH CAROLINA REGISTER September 15, 2004597
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 and 14: PROPOSED RULESNote from the Codifie
Page 15: PROPOSED RULES(5) four or more crim
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
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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
Page 65 and 66: 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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