NC Register Volume 19 Issue 06 - Office of Administrative Hearings

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PROPOSED RULES(d)(8) Federal Transferees shall:(a)submit documentation verifying theirqualified status.have a minimum of two years fulltimesworn law enforcementexperience which occurred prior totheir application; experience;(b) have held certification orcommissioning as a sworn lawenforcement officer from theappropriate federal entity authorizedto issue such sworn law enforcementofficers certification or commission;(c)(d)have held general powers of arrest;andsubmit documentation verifying theirqualified status.(9) North Carolina applicants; qualified out-ofstatetransferees; and qualified federaltransferees shall be allowed to select one of thefollowing two options for gaining NorthCarolina certification as a deputy sheriff:(a)(b)Undertake and successfully completeBasic Law Enforcement Training inits entirety during a one yearprobationary period and successfullypass the State ComprehensiveExamination;Pass the following entry criteria:(i) Challenge the Basic LawEnforcement TrainingComprehensive StateExamination to be deliveredat the end of an ongoingBasic Law EnforcementTraining Course andsuccessfully pass each unitexamination of thecomprehensive examinationwith a minimum score of70%. Any applicant failingto pass any more than twounitexaminationexaminations shall completethe Basic Law EnforcementTraining Course in itsentirety. Any applicantfailing one or two unitexaminations shall berequired to enroll in eachtopic area which comprisesthat unit taught in asubsequent BLET courseand submit to the unitexamination at the end of thecourse and pass that unitexamination;(ii) Each applicant shalldemonstrate proficiency inthe following skills relatedactivities to the satisfactionof an appropriate instructorcertified by the NorthCarolina Criminal JusticeEducation and TrainingStandards Commission.Successful completion of theskills related activities shallbe documented on aCommission approved formby the certified instructor;(A) First Responder;(B) Firearms;(C) Law EnforcementDriver Training;(D) Physical Fitness;and(E) Subject ControlArrest Techniques.(iii) Any applicant failing to passa test unit examination afterremediation as referenced inRule 12 NCAC 10B.0505(9)(B)(i) of a unitexamination afterremediation shall be requiredto complete Basic LawEnforcement Training in itsentirety; and(iv) All criteria referenced in 12NCAC 10B .0505(9)(B)(i)and (ii) must be successfullycompleted within the oneyearprobationary period.(10) Persons transferring to a sheriff’s office fromanother law enforcement agency who heldcertification and who have previously beengranted a training waiver by the NorthCarolina Criminal Justice Commission andwho have been separated from a sworn lawenforcement position for no more than oneyear or who had no break in service shall notbe required to complete the Basic LawEnforcement Training course, but shall havethe waiver honored by this Commission.(11) Persons previously holding Grandfather lawenforcement certification in accordance withG.S. 17C-10(a) or G.S. 17E-7(a) who havebeen separated from a sworn law enforcementposition for less than one year or have had nobreak in service shall not be required tocomplete a commission-accredited Basic LawEnforcement Training Course.Authority G.S. 17E-4; 17E-7.19:06 NORTH CAROLINA REGISTER September 15, 2004598
PROPOSED RULESSECTION .0700 – MINIMUM STANDARDS FORJUSTICE OFFICER SCHOOLS AND TRAININGPROGRAMS OR COURSES OF INSTRUCTION12 NCAC 10B .0703 ADMINISTRATION OFDETENTION OFFICER CERTIFICATION COURSE(a) The executive officer or officers of the institution or agencysponsoring a Detention Officer Certification Course shall haveprimary responsibility for implementation of these rules andstandards and for administration of the school.(b) The executive officers shall designate a compensated staffmember who is certified by the Commission who may apply tothe Commission to be the school director. No more than twoschool directors shall be certified designated at each accreditedinstitution/agency to deliver a Detention Officer CertificationCourse. The school director shall have administrativeresponsibility for planning scheduling, presenting, coordinating,reporting, and generally managing each sponsored detentionofficer certification course and shall be readily available at alltimes during course delivery as specified in 12 NCAC 10B.0704(b).(c) The executive officers of the institution or agencysponsoring the Detention Officer Certification Course shall:(1) acquire and allocate sufficient financialresources to provide commission-certifiedinstructors and to meet other necessaryprogram expenses;(2) provide adequate secretarial, clerical, andother supportive staff assistance as required bythe school director;(3) provide or make available suitable facilities,equipment, materials, and supplies forcomprehensive and qualitative course delivery,as required in the "Detention OfficerCertification Course Management Guide" andspecifically including the following:(A) a comfortable, well-lighted andventilated classroom with a seatingcapacity sufficient to accommodateall attending trainees;(B) audio-visual equipment and otherinstructional devices and aidsnecessary and beneficial to thedelivery of effective training;(C) a library for trainees' use covering thesubject matter areas relevant to thetraining course, maintained in currentstatus and having sufficient copies forconvenient trainee access; and(D) an area designated for instruction ofsubject control techniques whichenables the safe execution of thebasic detention officer subject controltechniques topic area, with thefollowing specifications:(i)30 square feet of floor spaceper student during thepractical exercise portion ofthis topic area and while(E)testing trainees' proficiencyin performing the requiredmaneuvers;(ii) one instructor for every 10students during the practicalexercise portion of this topicarea and while testingtrainees' proficiency inperforming the requiredmaneuvers;(iii) restrooms and drinkingwater within 100 yards ofthe training site; and(iv) telephone or radiocommunication immediatelyavailable on site.an area designated for use as a jailcell for performing the practicalexercises in the topic area entitled"Contraband Searches". If a countyjail cell is unavailable, a simulatedjail cell is acceptable provided it isbuilt to the same specificationsrequired by the Department ofHuman Resources with regards tosize;(F) an area designated for fireemergencies instruction whichenables the safe execution of thelesson plan as follows:(G)(i)a well-ventilated, open areawhich allows for the settingand putting out of a fire;(ii) restrooms and drinkingwater within 100 yards ofthe training site;(iii) telephone or radiocommunication immediatelyavailable on site; and(iv) one instructor for every 10students during the practicalexercise portion of thistraining.an area designated for physical fitnessfor detention officer trainees toinclude:(i)an area for running, weightlifting and other exercisesperformed during thephysical fitness topic areawhich provides a minimumof 20 square feet per traineeduring the performance ofthe exercises required in thephysical fitness topic area;(ii) restrooms and drinkingwater within 100 yards ofthe training site;19:06 NORTH CAROLINA REGISTER September 15, 2004599
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 and 16: PROPOSED RULES(5) four or more crim
Page 17: PROPOSED RULESAuthority G.S. 17E-4;
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
Page 65 and 66: RULES REVIEW COMMISSIONAmend/*Equip
Page 67 and 68: RULES REVIEW COMMISSIONRepeal/*Floo
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RULES REVIEW COMMISSIONAmend/*Adver
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RULES REVIEW COMMISSIONAmend/*Actio
Page 73 and 74:
CONTESTED CASE DECISIONSThis Sectio
Page 75:
CONTESTED CASE DECISIONSOFFICE OF S
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NC Register Volume 19 Issue 06 - Office of Administrative Hearings

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