North Carolina Administrative Code

12 NCAC 09B .0607 PROCEDURAL CONSIDERATIONS (a) Candidate Status: (1) An institution will be eligible to remain in Candidate Status for no more than four years after the date that the application is received. (2) If at any time during the four-year period it is considered that th…

12 NCAC 09B .0608 APPEAL PROCEDURES (a) If the Program Evaluation Committee renders an adverse decision other than deferral of action, the institution shall have the right to appeal as outlined in this Section. If the institution wishes to contest a deferral decision, it may brin…

SECTION .0700 – MILITARY TRAINED APPLICANT 12 NCAC 09B .0701 MILITARY TRANSFEREES (a) Pursuant to G.S. 17C-10.1, a current or honorably-discharged former military police officer seeking certification as a law enforcement officer shall submit to the Criminal Justice Standards Divi…

SUBCHAPTER 09C - ADMINISTRATION OF CRIMINAL JUSTICE EDUCATION AND TRAINING STANDARDS SECTION .0100 - RESPONSIBILITIES OF CRIMINAL JUSTICE STANDARDS DIVISION 12 NCAC 09C .0101 ADMINISTRATION OF PROGRAMS (a) The Standards Division shall administer and enforce all programs of the Co…

12 NCAC 09C .0102 DEVELOPMENT OF PROGRAMS The Standards Division shall assist the commission in developing and evaluating programs for the improvement of the criminal justice system by: (1) Compiling data, performing research, and developing reports concerning the needs of crimin…

12 NCAC 09C .0103 DIVULGING PERSONNEL INFORMATION (a) The head of a criminal justice agency may request in writing and with the appropriate authorization for release, information in the Standards Division files regarding the suitability or qualifications of a criminal justice off…

12 NCAC 09C .0104 AGENCY HEAD RESPONSIBILITIES: CRITICAL INCIDENT REPORTING (a) For all criminal justice agencies in the State that employ personnel certified by the North Criminal Justice Education and Training Standards Commission, the agency head shall submit the Critical Inci…

12 NCAC 09C .0205 APPLICATION FOR CERTIFICATION LAW ENFORCEMENT OFFICER (a) The Application for Certification Law Enforcement Officer (Form F-5A) shall be used to request the certification of criminal justice officers. The Application for Certification Law Enforcement Officer (Fo…

12 NCAC 09C .0206 REQUEST FOR GENERAL CERTIFICATION History Note: Authority G.S. 17C-6; 150B-11; Eff. January 1, 1981; Repealed Eff. July 1, 1982.

12 NCAC 09C .0207 APPLICATION FOR AWARD OF PROFESSIONAL CERTIFICATE History Note: Authority G.S. 17C-6; Eff. January 1, 1981; Amended Eff. August 15, 1981; Temporary Amendment Eff. January 1, 2001; Amended Eff. August 1, 2002; Pursuant to G.S. 150B-21.3A, rule is necessary withou…

12 ncac 09c .0208 AFFIDAVIT OF SEPARATION (a) The Affidavit of Separation (Form F-5B) shall be used for reporting the date of and reason for the separation of a criminal justice officer from the employing agency. The date of separation shall be the date the criminal justice offic…

12 NCAC 09C .0209 REQUEST FOR SCHOOL ACCREDITATION History Note: Authority G.S. 17C-6; 150B-11; Eff. January 1, 1981; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019; Repealed Eff. May 1, 2025.

12 NCAC 09C .0210 REQUEST FOR TRAINING COURSE ACCREDITATION History Note: Authority G.S. 17C-6; 150B-11; Eff. January 1, 1981; Repealed Eff. October 1, 2017.

12 NCAC 09C .0211 PRE-DELIVERY REPORT OF TRAINING COURSE PRESENTATION History Note: Authority G.S. 17C-6; 150B-11; Eff. January 1, 1981; Amended Eff. January 1, 2015; August 1, 2000; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2…

12 NCAC 09C .0212 POST-DELIVERY REPORT OF TRAINING COURSE PRESENTATION History Note: Authority G.S. 17C-6; Eff. January 1, 1981; Amended Eff. August 1, 2000; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019; Amended Eff. January…

12 NCAC 09C .0219 FD-258 - FINGERPRINT CARD History Note: Authority G.S. 17C-6; 150B-11; Eff. January 1, 1981; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019; Repealed Eff: May 1, 2025.

12 NCAC 09C .0220 ACQUISITION OF FORMS History Note: Authority G.S. 17C-6; 150B-11; Eff. January 1, 1981; Repealed Eff. July 1, 2014.

SECTION .0300 - CERTIFICATION OF CRIMINAL JUSTICE OFFICERS 12 NCAC 09C .0301 CERTIFICATION OF CRIMINAL JUSTICE PERSONNEL Every person employed or appointed by the State or any political subdivision thereof as a criminal justice officer shall be certified as prescribed by these Ru…

12 NCAC 09C .0302 PROBATIONARY PERIOD Every criminal justice officer below the level of department head and including officers who transfer laterally into an agency shall satisfactorily complete a probationary period with that agency of not less than 12 months. History Note: Auth…

12 NCAC 09C .0303 PROBATIONARY CERTIFICATION (a) Before a prospective criminal justice officer may be administered the oath of office, exercise the power of arrest, or commence active service as an officer, the employing agency shall have in its possession the person's Probationa…

12 NCAC 09C .0304 GENERAL CERTIFICATION (a) The Commission shall grant an officer general certification if evidence is received by the Standards Division that an officer has successfully completed the training requirements of 12 NCAC 09B .0400 within the officer's probationary pe…

12 NCAC 09C .0305 REPORT OF SEPARATION History Note: Authority G.S. 17C-6; Eff. January 1, 1981; Repealed Eff. October 1, 2018.

12 NCAC 09C .0306 LATERAL TRANSFER OF in-state LAW ENFORCEMENT OFFICERS (a) A North Carolina law enforcement officer is eligible to transfer from one state or local law enforcement agency to another and be certified by the Commission if the officer: (1) has completed basic law en…

12 NCAC 09C .0307 AGENCY RETENTION OF RECORDS OF CERTIFICATION (a) Each criminal justice agency shall place information with respect to employment, education, retention, and training of its criminal justice officers in the criminal justice officer's personnel file as listed in Su…

12 NCAC 09C .0308 SPEED MEASURING INSTRUMENT (SMI) OPERATORS CERTIFICATION PROGRAM (a) Only those individuals currently certified as a law enforcement officer or appointed personnel of a law enforcement agency who use a SMI for enforcement purposes shall hold certification from t…

12 NCAC 09C .0309 LATERAL TRANSFER OF LOCAL CONFINEMENT PERSONNEL (a) An officer, supervisor or administrator with general certification, pursuant to 12 NCAC 09C .0304, may transfer from one local confinement facility to another local confinement facility, or may transfer from on…

12 NCAC 09C .0310 AGENCY REPORTING OF DRUG SCREENING RESULTS (a) Every law enforcement officer shall produce a negative result on a drug screen administered according to the following specifications: (1) the drug screen shall be a urine test consisting of an initial screening tes…

12 NCAC 09C .0311 RECERTIFICATION FOLLOWING SEPARATION (a) Previously certified juvenile court counselors, chief court counselors, and juvenile justice officers who have completed a minimum of one year of service with the North Carolina Department of Public Safety's Division of J…

SECTION .0400 - ACCREDITATION OF CRIMINAL JUSTICE SCHOOLS AND TRAINING COURSES 12 NCAC 09C .0401 ACCREDITATION OF CRIMINAL JUSTICE SCHOOLS (a) Any school applying for accreditation or re-accreditation, pursuant to G.S. 17C-6 shall submit a completed Request for School Accreditati…

12 NCAC 09C .0402 ACCREDITATION OF TRAINING COURSES (a) An accredited criminal justice school shall apply for accreditation for each of its courses by submitting a completed Request for Training Course Accreditation. (b) One of two types of accreditation may be sought by the scho…

12 NCAC 09C .0403 REPORTS OF TRAINING COURSE PRESENTATION AND COMPLETION (a) Each presentation of a Commission-accredited training course shall be reported to the Commission as follows: (1) After acquiring accreditation for the course and before commencing each delivery of the co…

12 NCAC 09C .0404 PILOT COURSE PRESENTATION/PARTICIPATION (a) Consistent with the curriculum development policy of the Commission, the Education and Training Committee shall recommend to the commission the delivery system and the developer of course curricula. Designation of the …

SECTION .0600 - EQUIPMENT AND PROCEDURES 12 NCAC 09C .0601 APPROVED SPEED-MEASURING INSTRUMENTS (a) Prior to approval as a speed measuring instrument, the manufacturer of said instrument shall certify in writing to the Criminal Justice Standards Division that said instrument meet…

12 NCAC 09C .0607 SPEED-MEASURING INSTRUMENT ANNUAL ACCURACY TESTS AND DAILY OPERATIONAL PROCEDURES (a) All requirements for accuracy testing methods and operational procedures for speed measuring instruments used by law enforcement officers and agencies to measure the speed of v…

12 NCAC 09C .0608 SPEED-MEASURING INSTRUMENT OPERATING PROCEDURES History Note: Authority G.S. 8-50.2; 17C-6; Eff. August 1, 1998; Amended Eff. November 1, 2007; May 1, 2004; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019; Rep…

SECTION .0100 - LAW ENFORCEMENT OFFICERS' PROFESSIONAL CERTIFICATE PROGRAM 12 NCAC 09D .0101 LAW ENFORCEMENT PROFESSIONAL CERTIFICATE PROGRAM (a) Applicants who meet the qualifications set forth in this Rule shall be eligible to receive a Law Enforcement Officer's Professional Ce…

12 NCAC 09D .0102 GENERAL PROVISIONS History Note: Authority G.S. 17C-6; Eff. January 1, 1981; Amended Eff. June 1, 2012; August 1, 2002; August 1, 1995; May 1, 1986; April 1, 1984; January 1, 1983; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interes…

12 NCAC 09D .0103 BASIC LAW ENFORCEMENT CERTIFICATE History Note: Authority G.S. 17C-6; Eff. January 1, 1981; Repealed Eff. August 1, 2002.

12 NCAC 09D .0104 INTERMEDIATE LAW ENFORCEMENT CERTIFICATE History Note: Authority G.S. 17C-6; Eff. January 1, 1981; Amended Eff. August 1, 2002; August 1, 1995; May 1, 1986; January 1, 1983; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. …

12 NCAC 09D .0105 ADVANCED LAW ENFORCEMENT CERTIFICATE History Note: Authority G.S. 17C-6; Eff. January 1, 1981; Amended Eff. August 1, 2002; August 1, 1995; May 1, 1986; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019; Repeale…

12 NCAC 09D .0106 METHOD OF APPLICATION History Note: Authority G.S. 17C-6; Eff. January 1, 1981; Amended Eff. August 1, 2002; August 1, 1995; May 1, 1986; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019; Repealed Eff. February…

SECTION .0200 - JUVENILE JUSTICE PROFESSIONAL CERTIFICATE PROGRAM 12 NCAC 09D .0201 JUVENILE JUSTICE PROFESSIONAL CERTIFICATE PROGRAM (a) Applicants who meet the qualifications set forth in this Rule shall be eligible to receive a Juvenile Justice Professional Certificate. Based …

12 NCAC 09D .0202 GENERAL PROVISIONS History Note: Authority G.S. 17C-6; Eff. August 15, 1981; Amended Eff. June 1, 2012; August 1, 2002; December 1, 1987; May 1, 1986; July 1, 1982; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2…

12 NCAC 09D .0203 BASIC CRIMINAL JUSTICE CERTIFICATE History Note: Authority G.S. 17C-6; Eff. August 15, 1981; Repealed Eff. October 1, 2018; Expired Eff. June 1, 2019 pursuant to G.S. 150B-21.3A.

12 NCAC 09D .0204 INTERMEDIATE CRIMINAL JUSTICE CERTIFICATE History Note: Authority G.S. 17C-6; Eff. August 15, 1981; Amended Eff. August 1, 2002; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019; Repealed Eff. February 1, 2026.

12 NCAC 09D .0205 ADVANCED CRIMINAL JUSTICE CERTIFICATE History Note: Authority G.S. 17C-6; Eff. August 15, 1981; Amended Eff. August 1, 2002; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019; Repealed Eff. February 1, 2026.

12 NCAC 09D .0206 METHOD OF APPLICATION History Note: Authority G.S. 17C-6; Eff. August 15, 1981; Amended Eff. May 1, 1986; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019; Repealed Eff. February 1, 2026.

SUBCHAPTER 09E - IN-SERVICE TRAINING PROGRAMS SECTION .0100 - LAW ENFORCEMENT OFFICER'S IN-SERVICE TRAINING PROGRAM 12 NCAC 09E .0101 PURPOSE In order to ensure a minimum level of proficiency in specific topical areas for law enforcement officers serving the governmental agencies…

12 NCAC 09E .0102 REQUIRED ANNUAL IN-SERVICE TRAINING TOPICS History Note: Authority G.S. 17C-6; 17C-10; Eff. July 1, 1989; Amended Eff. January 1, 2005; Temporary Amendment Eff. January 1, 2005; Amended Eff. February 1, 2011; January 1, 2010; April 1, 2009; April 1, 2008; Februa…

12 NCAC 09E .0103 state or local law enforcement AGENCY HEAD RESPONSIBILITIES: ANNUAL IN-SERVICE TRAINING The State or local law enforcement agency head, for any agency employing individuals certified as law enforcement officers, shall ensure that the annual in-service training i…