North Carolina Administrative Code

12 NCAC 02I .0202 MINIMUM STANDARDS FOR COMPANY POLICE OFFICERS (a) Every company police officer must meet the following requirements to obtain and maintain a company police commission: (1) be a citizen of the United States; (2) be a high school graduate (means graduation from a …

12 NCAC 02I .0203 APPLICATION FOR COMPANY POLICE AGENCY (a) Each company police agency shall complete and submit to the Company Police Administrator the following items and documentation: (1) an application form; (2) articles of incorporation or other agency originating documenta…

12 NCAC 02I .0204 APPLICATION FOR COMPANY POLICE OFFICER The application for a company police officer must contain: (1) a written request from the Department Head of the company, agency or institution requesting that a company police commission be issued to the applicant. An oral…

12 NCAC 02I .0205 BACKGROUND INVESTIGATION (a) Any company police agency contemplating the commissioning of an applicant as a company police officer shall, prior to employment, complete a background investigation on such applicant. The investigation shall examine the applicant's …

12 NCAC 02I .0206 FEE (a) Upon notification that an application for a company police agency certification or a company police officer commission has been approved, the applicant shall forward a certified check or money order made out to the North Carolina Department of Justice to…

12 NCAC 02I .0207 BOND History Note: Authority G.S. 74A-2; 143A-54; Eff. February 1, 1976; Amended Eff. September 9, 1976; Readopted Eff. January 5, 1978; Amended Eff. September 1, 1981; Repealed Eff. November 1, 1984; Recodified from 12 NCAC 2I .0206 Eff. August 2, 1993.

12 NCAC 02I .0208 OATH Every company police officer so appointed shall, before entering upon the duties of his office, take and subscribe to the oath provided for in G.S. 11-11 before an officer authorized by G.S. 11-7.1 to administer oaths, and shall forward a copy of the execut…

12 NCAC 02I .0209 SPECIFICATIONS FOR THE USE OF REQUIRED FORMS History Note: Authority G.S. 74A-1; Eff. January 5, 1978; Amended Eff. September 1, 1981; Repealed Eff. November 1, 1984; Recodified from 12 NCAC 2I .0208 Eff. August 2, 1993.

12 NCAC 02I .0210 LIABILITY INSURANCE (a) Any applicant for a non-public company police agency certification must file with the Company Police Administrator, either a copy of the liability insurance policy or a certificate of self insurance, at the following address: Company Poli…

12 NCAC 02I .0211 SUSPENSION, REVOCATION OR DENIAL OF AGENCY CERTIFICATION (a) A company police agency certification may be suspended, revoked or denied upon a finding that the agency has: (1) failed to pay any required fees; (2) failed to produce or maintain a copy of a liabilit…

12 NCAC 02I .0212 SUSPENSION, REVOCATION, OR DENIAL OF OFFICER COMMISSION (a) A company police commission shall be revoked or denied upon a finding that the officer has committed or been convicted of: (1) any felony unless granted an unconditional pardon of innocence; or (2) any …

12 NCAC 02I .0213 PERIOD OF SUSPENSION, REVOCATION OR DENIAL (a) When the Attorney General, or his designee, suspends or denies the commission of a company police officer, the period of sanction shall not be less than three years. However, the Attorney General, or his designee, m…

12 NCAC 02I .0214 SUMMARY SUSPENSIONS (a) The Company Police Administrator, through designation by the Attorney General, may summarily suspend the commission of the company police officer before the commencement of proceedings for suspension or revocation of the certification whe…

SECTION .0300 - CONDUCT OF COMMISSIONED POLICEMEN 12 NCAC 02I .0301 TENURE (a) A company police agency certification shall remain in effect until: (1) The Attorney General directs termination; or (2) The required liability insurance is terminated or suspended by the agency's insu…

12 NCAC 02I .0304 PROHIBITED ACTS In addition to the prohibited acts set forth elsewhere in the rules in this Subchapter and in G.S. Chapter 74E, a company police officer shall not commit the following acts: (1) use of excess force while in the performance of his official duties;…

12 NCAC 02I .0305 TRANSFERS (a) No individual commissioned as a company police officer may transfer his company police commission from one employing company police agency to another. (b) Prior to receiving a company police commission, a person who has been previously commissioned…

12 NCAC 02I .0306 BADGES, UNIFORMS, VEHICLES AND OFFICER IDENTIFICATION History Note: Authority G.S. 74E-4; 74E-7; Eff. August 2, 1993; Amended Eff. February 1, 2008; Agency did not readopt rule pursuant to G.S. 150B-21.3A by RRC established deadline of January 31, 2018.

SECTION .0400 - PROCEDURAL RULES 12 NCAC 02I .0401 ADMINISTRATIVE HEARING PROCEDURES History Note: Authority G.S. 150B-14(a)(4); 150B-38(h); Eff. February 1, 1976; Readopted Eff. January 5, 1978; Amended Eff. August 1, 1988; November 1, 1984; September 1, 1981; Repealed Eff. Sept…

12 NCAC 02I .0402 CONTESTED CASES History Note: Authority G.S. 74A; 150A; Eff. February 1, 1976; Readopted Eff. January 5, 1978; Amended Eff. September 1, 1981; Repealed Eff. November 1, 1984.

section .0500 – AGENcy record retention 12 NCAC 02I .0501 AGENCY RETENTION OF RECORDS OF COMMISSION Each company police agency shall place in personnel files the official notification from the Company Police Administrator of either probationary or general certification for each c…

subchapter 02j – campus police SECTION .0100 - GENERAL PROVISIONS 12 NCAC 02J .0101 LOCATION The administrative office for the commissioning of campus police officers and the certification of campus police agencies is located in the office of the Criminal Justice Standards Divisi…

12 NCAC 02J .0102 PURPOSES The purposes of the Attorney General's Office in granting campus police commissions are: (1) to allow those private institutions of higher education described in G.S. 74G-2 to apply for certification as a campus police agency; (2) to allow those private…

12 NCAC 02J .0103 ADMINISTRATIVE STAFF The administrative staff responsible for campus police commissions and campus police agency certifications consists of assigned personnel from the Criminal Justice Standards Division. The duties of this staff are to carry out the policies of…

12 NCAC 02J .0104 DEFINITIONS In addition to any definitions set forth in G.S. 74G, the following definitions will apply throughout this Chapter, unless the context clearly defines otherwise: (1) "Agency Records" means those records specified pursuant to this Subchapter and that …

section .0200 - commissioning 12 NCAC 02J .0201 MINIMUM STANDARDS FOR CAMPUS POLICE OFFICERS Every campus police officer must meet the following requirements to obtain and maintain a campus police commission: (1) be a citizen of the United States; (2) be a high school graduate or…

12 NCAC 02J .0202 APPLICATION FOR CAMPUS POLICE AGENCY Each campus police agency shall complete and submit to the Campus Police Administrator the following items and documentation: (1) an application form; (2) articles of incorporation or other agency originating documentation, w…

12 NCAC 02J .0203 APPLICATION FOR CAMPUS POLICE OFFICER The application for a campus police officer must contain: (1) a written request from the Department Head of the campus, or agency requesting that a campus police commission be issued to the applicant. An oral request will no…

12 NCAC 02J .0204 BACKGROUND INVESTIGATION (a) Any campus police agency contemplating the commissioning of an applicant as a campus police officer shall, prior to employment, complete a background investigation on such applicant. The investigation shall examine the applicant's ch…

12 NCAC 02J .0205 FEE (a) Upon notification that an application for a campus police agency certification or a campus police officer commission has been approved, the applicant shall forward a certified check or money order made out to the North Carolina Department of Justice to t…

12 NCAC 02J .0206 OATH Every campus police officer so appointed shall, before entering upon the duties of his office, take and subscribe to the oath for law enforcement officers, provided for in G.S. 11-11 before an officer authorized by G.S. 11-7.1 to administer oaths, and shall…

12 NCAC 02J .0207 LIABILITY INSURANCE (a) Any applicant for a non-public campus police agency certification must file with the Campus Police Administrator, either a copy of the liability insurance policy or a certificate of self insurance, at the following address: Campus Police …

12 NCAC 02J .0208 SUSPENSION, REVOCATION OR DENIAL OF AGENCY CERTIFICATION (a) A campus police agency certification may be suspended, revoked or denied upon a finding that the agency has: (1) failed to pay any required fees; (2) failed to produce or maintain a copy of a liability…

12 NCAC 02J .0209 SUSPENSION, REVOCATION, OR DENIAL OF OFFICER COMMISSION (a) A campus police commission shall be revoked or denied upon a finding that the officer has committed or been convicted of: (1) any felony (unless pardoned by the President of the United States or a state…

12 NCAC 02J .0210 PERIOD OF SUSPENSION, REVOCATION OR DENIAL (a) When the Attorney General, or his designee, suspends or denies the commission of a campus police officer, the period of sanction shall not be less than three years. However, the Attorney General, or his designee, ma…

12 NCAC 02J .0211 SUMMARY SUSPENSIONS (a) The Campus Police Administrator, through designation by the Attorney General, may summarily suspend the commission of the campus police officer before the commencement of proceedings for suspension or revocation of the certification when,…

SECTION .0300 - CONDUCT OF COMMISSIONED POLICEMEN 12 NCAC 02J .0301 TENURE A campus police officer commission or campus police agency certification shall remain in effect until: (1) The Attorney General directs termination; (2) The campus police officer ceases to be employed by a…

12 NCAC 02J .0302 PROHIBITED ACTS In addition to the prohibited acts set forth elsewhere in these Rules and in Chapter 74G, the following acts are prohibited and may result in civil or criminal action or both: (1) use of excessive force while in the performance of their official …

12 NCAC 02J .0303 TRANSFERS No individual commissioned as a campus police officer can transfer his campus police commission from one employing campus police agency to another. History Note: Authority G.S. 74G-4; 74G-6; Eff. April 1, 2006; Pursuant to G.S. 150B-21.3A, rule is nece…

12 NCAC 02J .0304 BADGES, UNIFORMS, VEHICLES AND OFFICER IDENTIFICATION All campus police agencies shall comply with the provisions of this rule for badges, vehicles, uniforms, as follows: (1) Badges: (a) All campus police officers shall, when on duty, wear a badge bearing the na…

12 NCAC 03A .1208 DISQUALIFICATION OF HEARING OFFICERS History Note: Authority G.S. 1A-1, Rule 24; 150A-2(2); 150A-2; 150A-23(a); 150A-23(c); 150A-23(d); 150A-32; Eff. February 1, 1976; Readopted Eff. January 5, 1978; Repealed Eff. September 29, 1980.

SECTION .0200 - EMPLOYMENT 12 NCAC 03B .0201 OPPORTUNITY FOR EMPLOYMENT History Note: Authority 28 C.F.R. Part 20; Eff. November 1, 1984; Expired Eff. November 1, 2016 pursuant to G.S. 150B-21.3A.

12 NCAC 03B .0202 REQUIREMENTS History Note: Authority G.S. 114-13; 150A-12; Eff. November 1, 1984; Repealed Eff. July 16, 1988 in accordance with G.S. 150B-59(c).

12 NCAC 03B .0203 APPLICATIONS History Note: Authority G.S. 114-13; 150A-12; Eff. November 1, 1984; Repealed Eff. July 16, 1988 in accordance with G.S. 150B-59(c).

SECTION .0300 - CRIMINAL RECORDS 12 NCAC 03B .0301 RIGHT TO REVIEW History Note: Authority G.S. 114-15; 28 C.F.R. Part 20; Eff. November 1, 1984; Repealed Eff. July 16, 1988 in accordance with G.S. 150B-59(c).

12 NCAC 03B .0302 REQUEST FOR REVIEW History Note: Authority G.S. 114-12; 114-13; 114-14; 114-15; 28 C.F.R. Part 20; Eff. November 1, 1984; Expired Eff. November 1, 2016 pursuant to G.S. 150B-21.3A.

CHAPTER 4 - DIVISION OF CRIMINAL INFORMATION SUBCHAPTER 4A - ORGANIZATIONAL RULES SECTION .0100 - GENERAL PROVISIONS 12 NCAC 04A .0101 NAME AND LOCATION History Note: Authority G.S. 114-10; 114-10.1; Eff. February 1, 1976; Readopted Eff. January 5, 1978; Amended Eff. October 1, 1…

12 NCAC 04A .0104 FUNCTION OF POLICE INFORMATION NETWORK History Note: Authority G.S. 114-10; 114-10.1; Eff. February 1, 1976; Readopted Eff. January 5, 1978; Amended Eff. November 1, 1984; November 1, 1980; Repealed Eff. November 1, 1991.

12 NCAC 04A .0105 DEFINITIONS History Note: Authority G.S. 114-10; 114-10.1; Eff. November 1, 1980; Amended Eff. October 1, 1983; Repealed Eff. November 1, 1991.

SECTION .0300 - STATISTICAL AND FIELD SUPPORT DIVISION 12 NCAC 04A .0301 LOCATION History Note: Authority G.S. 114-10; 114-10.1; Eff. February 1, 1976; Readopted Eff. January 5, 1978; Amended Eff. November 1, 1980; Repealed Eff. November 1, 1984.

12 NCAC 04A .0302 MAILING ADDRESS History Note: Authority G.S. 114-10; 114-10.1; Eff. February 1, 1976; Readopted Eff. January 5, 1978; Repealed Eff. November 1, 1980.