North Carolina Administrative Code

SECTION .0600 - RULE MAKING HEARINGS Section .0600 of Subchapter 7A of Title 12 of the North Carolina Administrative Code (12 NCAC 7A .0600) has been recodified as 12 NCAC 7B .1000 of the North Carolina Administrative Code.

SECTION .0700 - DECLARATORY RULINGS Section .0700 of Subchapter 7A of Title 12 of the North Carolina Administrative Code (12 NCAC 7A .0700) has been recodified as 12 NCAC 7B .1100 of the North Carolina Administrative Code.

SECTION .0800 - ADMINISTRATIVE HEARING PROCEDURES Section .0800 of Subchapter 7A of Title 12 of the North Carolina Administrative Code (12 NCAC 7A .0800) has been recodified as 12 NCAC 7B .1200 of the North Carolina Administrative Code.

SECTION .0900 - ADMINISTRATIVE HEARINGS: DECISIONS: RELATED RIGHTS AND PROCEDURES Section .0900 of Subchapter 7A of Title 12 of the North Carolina Administrative Code (12 NCAC 7A .0900) has been recodified as 12 NCAC 7B .1300 of the North Carolina Administrative Code.

12 NCAC 07B .0113 LICENSES AND PERMITS History Note: Filed as an Emergency Amendment [(a)] Eff. March 1, 1980, for a Period of 120 Days to Expire on June 29, 1980; Statutory Authority G.S. 74C-5; 74C-7; Eff. December 28, 1979; Emergency Amendment Made Permanent Eff. June 27, 1980…

12 NCAC 07B .0117 FEES FOR LICENSES AND PERMITS History Note: Filed as an Emergency Amendment Eff. March 1, 1980 for a Period of 120 Days to Expire on June 29, 1980; Statutory Authority G.S. 74C-5; 74C-9; Eff. December 28, 1979; Emergency Amendment Made Permanent with Change Eff.…

12 NCAC 07B .0118 RENEWAL OR RE-ISSUE OF LICENSES AND PERMITS History Note: Filed as an Emergency Amendment [(e)(2)] Eff. March 21, 1980, for a Period of 120 Days to Expire on July 18, 1980; Statutory Authority G.S. 74C-5; 74C-9; Eff. December 28, 1979; Amended Eff. June 27, 1980…

12 NCAC 07B .0127 RENEWAL OR RE-ISSUE OF REGISTRATION History Note: Filed as an Emergency Amendment [(c)(2)] Eff. March 21, 1980, for a Period of 120 Days to Expire on July 18, 1980; Statutory Authority G.S. 74C-5; 74C-11; Eff. December 28, 1979; Emergency Amendment [(c)(2)] Made…

12 NCAC 07B .0128 TEMPORARY EMPLOYEES History Note: Filed as an Emergency Amendment [(1)] Eff. March 1, 1980 for a Period of 120 Days to Expire on June 29, 1980; Statutory Authority G.S. 74C-5; 74C-7; Eff. December 28, 1979; Emergency Amendment [(1)] Made Permanent Eff. June 27, …

12 NCAC 07B .0129 DISCIPLINARY ACTIONS History Note: Filed as an Emergency Amendment [(a)] Eff. March 1, 1980 for a Period of 120 Days to Expire on June 29, 1980; Statutory Authority G.S. 74C-5; 74C-12; 74C-17; Eff. December 28, 1979; Emergency Amendment [(a)] Made Permanent Eff.…

SECTION .0200 - RULES CONCERNING ARMORED CAR BUSINESS AND COURIER BUSINESS 12 NCAC 07B .0201 PURPOSE History Note: Filed as an Emergency Regulation Eff. November 16, 1979, for a Period of 120 Days to Expire on March 15, 1980; Statutory Authority G.S. 74C-5; Made Permanent Eff. De…

12 NCAC 07B .0202 DEFINITIONS History Note: Filed as an Emergency Regulation Eff. November 16, 1979, for a Period of 120 Days to Expire on March 15, 1980; Statutory Authority G.S. 74C-3; 74C-5; Made Permanent Eff. December 28, 1979; Repealed Eff. March 1, 1982.

12 NCAC 07B .0213 LAW ENFORCEMENT OFFICERS History Note: Authority G.S. 74C-5; Eff. June 27, 1980; Repealed Eff. March 1, 1982.

SECTION .0300 - RULES CONCERNING ALARM SYSTEM BUSINESS 12 NCAC 07B .0301 PURPOSE History Note: Filed as an Emergency Regulation Eff. November 16, 1979, for a Period of 20 Days to Expire on March 15, 1980; Statutory Authority G.S. 74C-5; Made Permanent With Change Eff. December 28…

12 NCAC 07B .0302 DEFINITIONS History Note: Filed as an Emergency Regulation Eff. November 16, 1979, for a Period of 120 Days to Expire on March 15, 1980; Statutory Authority G.S. 74C-3; 74C-5; Made Permanent With Change Eff. December 28, 1979; Repealed Eff. March 1, 1982.

12 NCAC 07B .0317 LAW ENFORCEMENT OFFICERS History Note: Authority G.S. 74C-5; Eff. June 27, 1980; Repealed Eff. March 1, 1982.

SECTION .0400 - RULES CONCERNING DETECTION OF DECEPTION EXAMINERS AND BUSINESS 12 NCAC 07B .0401 PURPOSE History Note: Filed as an Emergency Regulation Eff. November 16, 1979, for a Period of 120 Days to Expire on March 15, 1980; Statutory Authority G.S. 74C-5. Made Permanent Eff…

12 NCAC 07B .0402 DEFINITION History Note: Filed as an Emergency Regulation Eff. November 16, 1979, for a Period of 120 Days to Expire on March 15, 1980; Statutory Authority G.S. 74C-3; 74C-5; Made Permanent Eff. December 28, 1979; Amended Eff. November 1, 1981; Repealed Eff. Mar…

SECTION .0500 - RULES CONCERNING SECURITY GUARD AND PATROL BUSINESS: SECURITY PATROL BUSINESS AND GUARD DOG SERVICE BUSINESS 12 NCAC 07B .0501 PURPOSE History Note: Filed as an Emergency Regulation Eff. November 16, 1979, for a Period of 120 Days to Expire on March 15, 1980; Stat…

12 NCAC 07B .0502 DEFINITIONS History Note: Filed as an Emergency Regulation Eff. November 16, 1979, for a Period of 120 Days to Expire on March 15, 1980; Statutory Authority G.S. 74C-3; 74C-5; Made Permanent With Change Eff. December 28, 1979; Repealed Eff. March 1, 1982.

SECTION .0600 - RULES CONCERNING PRIVATE INVESTIGATION BUSINESS AND COUNTERINTELLIGENCE SERVICE BUSINESS 12 NCAC 07B .0601 PURPOSE History Note: Filed as an Emergency Regulation Eff. November 16, 1979, for a Period of 120 Days to Expire on March 15, 1980; Statutory Authority G.S.…

12 NCAC 07B .0602 DEFINITIONS History Note: Filed as an Emergency Regulation Eff. November 16, 1979, for a Period of 120 Days to Expire on March 15, 1980; Statutory Authority G.S. 74C-3; 74C-5; Made Permanent With Change Eff. December 28, 1979; Repealed Eff. March 1, 1982.

12 NCAC 07B .0612 LAW ENFORCEMENT OFFICERS History Note: Authority G.S. 74C-5; Eff. June 27, 1980; Repealed Eff. March 1, 1982.

12 NCAC 07B .0705 FIREARMS REGISTRATION PERMIT History Note: Filed as an Emergency Amendment [(i)] Eff. March 1, 1980 for a Period of 120 Days to Expire on June 29, 1980; Statutory Authority G.S. 74C-5; 74C-13; Eff. November 16, 1979; Emergency Amendment [(i)] Made Permanent Eff.…

SECTION .0800 - PETITION FOR RULES 12 NCAC 07B .0801 RULE-MAKING AND ADMINISTRATIVE HEARING PROCEDURES History Note: Authority G.S. 74C-5; 74C-12; 150A-11; 150A-14; Eff. February 1, 1976; Readopted Eff. November 28, 1977; Amended Eff. November 1, 1981; December 28, 1979; Repealed…

12 NCAC 07B .1204 NOTICE OF HEARING History Note: Filed as an Emergency Amendment [(2) and (6)] Eff. March 21, 1980, for a Period of 101 Days to Expire on June 29, 1980; Filed as an Emergency Amendment [(2)] Eff. March 1, 1980 for a Period of 120 Days to Expire on June 29, 1980; …

12 NCAC 07B .1207 TYPES OF INTERVENTION History Note: Filed as an Emergency Amendment [(a)] Eff. March 1, 1980 for a Period of 120 Days to Expire on June 29, 1980; Statutory Authority G.S. 1A-1, Rule 24; 150A-23(a); 74C-12(b); Eff. February 1, 1976; Readopted Eff. November 28, 19…

12 NCAC 07B .1208 DISQUALIFICATION OF HEARING OFFICERS History Note: Authority G.S. 150A-32; 74C-12(b); Eff. February 1, 1976; Readopted Eff. November 28, 1977; Repealed Eff. November 1, 1981.

12 NCAC 07B .1209 WRITTEN ANSWERS TO HEARING NOTICE History Note: Filed as an Emergency Regulation Eff. March 21, 1980, for a Period of 120 Days to Expire on July 18, 1980; Statutory Authority G.S. 74C-5; 150A-25; Made Permanent Eff. June 27, 1980; Repealed Eff. November 1, 1981.

12 NCAC 07B .1303 SUBPOENAS History Note: Filed as an Emergency Amendment [(d)] Eff. March 1, 1980 for a Period of 120 Days to Expire on June 29, 1980; Statutory Authority G.S. 43-3; 74C-5; 150A-27; Eff. February 1, 1976; Readopted Eff. November 28, 1977; Amended Eff. December 28…

CHAPTER 8 - GENERAL STATUTES COMMISSION SECTION .0100 - RULES OF ORGANIZATION 12 NCAC 08 .0101 ORGANIZATION OF THE GENERAL STATUTES COMMISSION History Note: Authority G.S. 164-12; 164-14; 164-16; 143A-6; Eff. February 1, 1976; Readopted Eff. January 5, 1978; Amended Eff. November…

12 NCAC 08 .0102 DUTIES History Note: Authority G.S. 164-13; Eff. February 1, 1976; Readopted Eff. January 5, 1978; Amended Eff. June 1, 1982; Repealed Eff. July 16, 1988 in accordance with G.S. 150B-59(c).

12 NCAC 08 .0106 COMMITTEES History Note: Authority G.S. 164-17; Eff. February 1, 1976; Readopted Eff. January 5, 1978; Repealed Eff. July 16, 1988 in accordance with G.S. 150B-59(c).

12 NCAC 08 .0107 REPORTS History Note: Authority G.S. 164-18; Eff. February 1, 1976; Readopted Eff. January 5, 1978; Repealed Eff. July 16, 1988 in accordance with G.S. 150B-59(c).

12 NCAC 08 .0108 MODEL PROCEDURES ADOPTED: MODIFICATIONS History Note: Authority G.S. 143A-53; 150A-11;150A-12; 150A-14; 150A-16; 164-17; Eff. November 2, 1981; Amended Eff. March 1, 1983; Repealed Eff. July 16, 1988 in accordance with G.S. 150B-59(c).

12 NCAC 08 .0109 DRAFTING COMMITTEES History Note: Authority G.S. 164-13; 164-17; Eff. November 2, 1992; Repealed Eff. June 1, 2011 pursuant to S.L. 2011-97.

12 NCAC 08 .0204 PETITIONS FOR RULEMAKING History Note: Authority G.S. 164-17; 150B-20; Eff. November 2, 1992; Repealed Eff. June 1, 2011 pursuant to S.L. 2011-97.

12 NCAC 08 .0506 DECLARATORY RULINGS History Note: Authority G.S. 164-17; 150B-4; Eff. November 30, 1992; Repealed Eff. June 1, 2011 pursuant to S.L. 2011-97.

CHAPTER 09 - CRIMINAL JUSTICE EDUCATION AND TRAINING STANDARDS SUBCHAPTER 09A - CRIMINAL JUSTICE EDUCATION AND TRAINING STANDARDS COMMISSION SECTION .0100 - COMMISSION ORGANIZATION AND PROCEDURES 12 NCAC 09A .0101 LOCATION The North Carolina Criminal Justice Education and Trainin…

12 NCAC 09A .0102 PURPOSE The purpose of the commission is to raise the level of competence within the criminal justice community by: (1) Establishing minimum standards for employment and retention of criminal justice personnel; (2) Establishing minimum standards for the training…

12 NCAC 09A .0103 DEFINITIONS The following definitions apply throughout Subchapters 12 NCAC 09A through 12 NCAC 09F: (1) "Active Duty Military" means full-time duty in the active military service of the United States. Such term includes full-time training duty, annual training d…

12 NCAC 09A .0106 CRIMINAL JUSTICE STANDARDS DIVISION The Criminal Justice Standards Division of the Department of Justice shall administer the standards set forth in these Rules regarding the certification of criminal justice officers and instructors and the accreditation of cri…

12 NCAC 09A .0107 PROCEDURES FOR PETITiONS FOR RULE-MAKING (a) Petitions for Rule-Making shall be submitted to the Commission and shall contain: (1) petitioner's name, address, and telephone number; (2) a draft of the proposed rule or rule change for adoptions or amendments; and …

12 NCAC 09A .0108 APPLICABILITY OF RADAR/TDS STANDARDS PRE 7/1/82 History Note: Authority G.S. 17C-6; Eff. July 1, 1982; Repealed Eff. August 1, 2014.

SECTION .0200 - ENFORCEMENT OF RULES 12 NCAC 09A .0201 INVESTIGATION OF VIOLATION OF RULES (a) If any criminal justice agency, school, authorized representative acting on behalf of either, or individual is reported to be or suspected of being in violation of any of the rules in t…

12 NCAC 09A .0202 SANCTIONS FOR VIOLATIONS BY AGENCIES OR SCHOOLS If the Commission finds that a violation has been committed by an agency or school, the Commission may: (1) issue an oral warning and request for compliance; (2) issue a written warning and request for compliance; …

12 NCAC 09A .0203 SANCTIONS FOR VIOLATIONS BY INDIVIDUALS When any person certified by the Commission is found to have knowingly and willfully violated any provision or requirement of these Rules, the Commission may take action to correct the violation and to ensure that the viol…

12 NCAC 09A .0204 SUSPENSION: REVOCATION: OR DENIAL OF CERTIFICATION (a) The Commission shall revoke the certification of a criminal justice officer when the Commission finds that the officer has committed, pursuant to 12 NCAC 09A .0103(6), or been convicted of: (1) a felony offe…

12 NCAC 09A .0205 PERIOD OF SUSPENSION: REVOCATION: OR DENIAL (a) When the Commission revokes or denies the certification of a criminal justice officer, the period of the sanction shall be permanent where the cause of sanction is: (1) commission or conviction of a felony offense,…

12 NCAC 09A .0206 SUMMARY SUSPENSIONS (a) The Commission, by and through the Probable Cause Committee, shall summarily suspend the certification of a criminal justice officer or instructor before the commencement of proceedings for suspension or revocation of the certification if…