North Carolina Administrative Code

12 NCAC 10B .0107 PROCEDURES FOR PETITIONS FOR DECLARATORY RULINGS (a) In addition to the procedures set out in G.S. 150B-4, petitions for declaratory rulings shall be submitted to the Commission and shall contain: (1) petitioner's name, address, and telephone number; (2) the sta…

12 NCAC 10B .0108 ADMINISTRATION OF PROGRAMS (a) The Division shall administer all programs of the Commission regarding certification and implementation of standards. (b) The administrative duties of the Division include: (1) preparing and distributing a compilation of these Rule…

12 NCAC 10B .0109 DEVELOPMENT OF PROGRAMS The Division shall assist the Commission in developing and evaluating programs for the improvement of North Carolina Sheriffs' offices by: (1) Compiling data, performing research, and developing reports concerning the needs of all sheriff…

12 NCAC 10B .0110 DIVULGING PERSONNEL INFORMATION History Note: Authority G.S. 17E-6; Eff. January 1, 1989; Recodified from 12 NCAC 10B .0203 Eff. January 1, 1992; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018; Expired Eff. …

SECTION .0200 - ENFORCEMENT RULES 12 NCAC 10B .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 these Rules, the …

12 NCAC 10B .0202 SANCTIONS FOR VIOLATIONS BY AGENCIES OR SCHOOLS If the Commission finds that a violation of any rules in this Chapter 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…

12 NCAC 10B .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 the rules in this Subchapter, the Commission may take action to correct the violation and to ens…

12 NCAC 10B .0204 SUSPENSION: REVOCATION: OR DENIAL OF CERTIFICATION (a) The Commission shall revoke or deny the certification of a justice officer when the Commission finds that the applicant for certification or the certified officer has committed or been convicted of: (1) a fe…

12 NCAC 10B .0205 PERIOD OF SUSPENSION, REVOCATION, OR DENIAL When the Commission suspends, revokes, or denies the certification of a justice officer, the period of sanction shall be: (1) permanent where the cause of sanction is: (a) commission or conviction of a felony; (b) comm…

12 NCAC 10B .0206 SUMMARY SUSPENSIONS: OR DENIALS (a) The Commission may summarily suspend or deny the certification of a justice officer or instructor when, in the opinion of the Commission, the public health, safety, or welfare requires this emergency action of summary suspensi…

SECTION .0300 – MINIMUM STANDARDS FOR EMPLOYMENT AND CERTIFICATION AS A JUSTICE OFFICER 12 NCAC 10B .0301 MINIMUM STANDARDS FOR JUSTICE OFFICERS Every justice officer employed or certified in North Carolina shall: (1) be a citizen of the United States; (2) be at least 20 years of…

12 NCAC 10B .0302 DOCUMENTATION OF EDUCATIONAL REQUIREMENT (a) Each applicant for certification as a justice officer shall furnish documentary evidence of high school, college, or university graduation to the employing agency. Documentary evidence of high school graduation consis…

12 NCAC 10B .0303 FINGERPRINT CRIMINAL HISTORY RECORDS CHECK (a) Each applicant for certification, pursuant to Rules .0301 and .0401 of this Subchapter, shall submit electronic fingerprints in the Statewide Automated Fingerprint Identification System (SAFIS). (b) The employing ag…

12 Ncac 10b .0304 MEDICAL EXAMINATION (a) Each applicant for certification or enrollment in a Commission-certified basic training course shall complete, sign, and date the Commission's Medical History Statement Form (F-1) and shall be examined by either a physician, surgeon, phys…

12 NCAC 10B .0305 BACKGROUND INVESTIGATION (a) Prior to employment, an agency shall complete a background investigation on all applicants for certification. The investigation shall determine whether the applicant is of good moral character pursuant to Rule .0301(12) of this Secti…

12 NCAC 10B .0306 EMPLOYMENT INTERVIEW (a) Prior to employment, the employing agency shall conduct an interview of the applicant to determine the applicant's knowledge, skills, and abilities for success as a justice officer. (b) The sheriff or agency head may conduct the intervie…

12 NCAC 10B .0307 CRIMINAL HISTORY RECORD (a) Consistent with and subject to the requirements of 12 NCAC 10B .0204, every justice officer employed or certified in North Carolina shall not have committed or been convicted by a local, state, federal, or military court of: (1) a fel…

12 NCAC 10B .0308 MISREPRESENTATION History Note: Authority G.S. 17E-7; Eff. January 1, 1989; Repealed Eff. January 1, 1991.

SECTION .0400 - CERTIFICATION OF JUSTICE OFFICERS 12 NCAC 10B .0401 CERTIFICATION OF PERSONNEL (a) Every person performing the duties of a deputy sheriff or a detention officer as defined in 12 NCAC 10B .0103(5) and (6) except those certified pursuant to 12 NCAC 10B .0407; and ev…

12 NCAC 10B .0402 PROBATIONARY CERTIFICATION (effective until june 30, 2024) All justice officers, except those transferred or reinstated pursuant to Rule .0406 of this Section shall serve a probationary certification period of one year; provided that the one year probationary pe…

12 NCAC 10B .0403 PROBATIONARY CERTIFICATION REQUIREMENT (a) For certification as a deputy sheriff or detention officer, a Report of Appointment (Form F-4) shall be submitted to the Division. For certification as a telecommunicator, a Report of Appointment (Form F-4T) shall be su…

12 NCAC 10B .0404 GENERAL CERTIFICATION (effective until june 30, 2024) (a) The Commission shall grant an officer general certification if evidence is received by the Division that the officer has: (1) complied with all of the requirements of 12 NCAC 10B .0300; and (2) successful…

12 NCAC 10B .0405 REPORT OF SEPARATION (a) An agency separating a person from employment or appointment as a justice officer shall, not later than 10 days after separation, forward to the Division a completed Report of Separation (Form F-5 or Form F-5T). (b) The Report of Separat…

12 ncac 10b .0406 lateral transfers and reinstatements (a) The general certification, pursuant to Rule .0404 of this Section, or grandfather certification, as defined in G.S. 17E-7(a), of a detention officer, as defined in Rule .0103(6) of this Subchapter, or a telecommunicator, …

12 NCAC 10B .0407 CERTIFICATION OF FORMER SHERIFF (a) The Division shall issue a General Certification to any person as either a deputy sheriff, a detention officer, or telecommunicator who has previously served as an elected or appointed sheriff for a minimum of eight years, if …

12 NCAC 10B .0408 VERIFICATION OF RECORDS TO DIVISION (a) Before the Division will issue certification of a justice officer, the employing agency shall submit to the Division the following documents: (1) the Report of Appointment (F-4); (2) a copy of the applicant's Oath of Offic…

12 ncac 10b .0409 EMPLOYING AGENCY RETENTION OF RECORDS (a) In addition to the records required to be submitted to the Division pursuant to Rule .0408 of this Section, the employing agency shall maintain original documentation of the following records: (1) documentation consistin…

12 NCAC 10B .0410 AGENCY REPORTING OF DRUG SCREENING RESULTS (a) Every justice 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 test using …

12 NCAC 10B .0411 IN-STATE LATERAL TRANSFER OF A DEPUTY SHERIFF (a) A North Carolina law enforcement officer is eligible to transfer their certification from one law enforcement agency to another law enforcement agency and be certified as a deputy sheriff if the officer: (1) has …

12 NCAC 10B .0412 Department HEAD RESPONSIBILITIES: CRITICAL INCIDENT REPORTING (a) For all law enforcement agencies in the State that employ personnel certified by the North Criminal Sheriffs' Education and Training Standards Commission, the Department Head shall submit the Crit…

SECTION .0500 - MINIMUM STANDARDS OF TRAINING FOR DEPUTY SHERIFFS 12 NCAC 10B .0501 PURPOSE History Note: Authority G.S. 17E-4(a); Eff. January 1, 1989; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018; Expired Eff. September 1…

12 NCAC 10B .0502 BASIC LAW ENFORCEMENT TRAINING COURSE FOR DEPUTIES (a) The basic training course for deputy sheriffs shall consist of instruction designed to provide the trainee with the skills and knowledge to perform those tasks essential to function in law enforcement. (b) T…

12 NCAC 10B .0503 TIME REQ/COMPLETION/BASIC LAW ENFORCEMENT TRAINING COURSE (effective until june 30, 2024) (a) Each deputy sheriff holding temporary or probationary certification shall complete a Commission-certified basic training course pursuant to 12 NCAC 09B .0405, within on…

12 NCAC 10B .0504 WAIVER OF COMPLETION OF TRAINING (a) The Commission shall waive a deputy sheriff's completion of the Commission-certified law enforcement training course upon receiving documentary evidence from the employing agency that the deputy has satisfactorily completed e…

12 NCAC 10B .0505 EVALUATION FOR TRAINING WAIVER This Rule shall be used by Division staff in evaluating an applicant's training and experience to determine eligibility for a waiver of training as set forth in Rule .0504(a) of this Section. (1) Persons who separated from a sworn …

12 NCAC 10B .0510 CERTIFICATION AND TRAINING FOR SCHOOL RESOURCE OFFICERS (a) A "School Resource Officer (SRO)" is defined as any law enforcement officer assigned to one or more public schools within a local school administrative unit, as defined in G.S. 115C-5(6), who works in a…

SECTION .0600 - MINIMUM STANDARDS OF TRAINING FOR DETENTION OFFICERS 12 NCAC 10B .0601 DETENTION OFFICER CERTIFICATION COURSE (a) The detention officer certification training program shall consist of the 182-hour Detention Officer Certification Course developed by the North Carol…

12 NCAC 10B .0602 TIME REQ/COMPLETION//DETENTION OFFICER CERT TRAINING COURSE (a) Each individual employed by a sheriff's office or a district confinement facility as a detention officer holding probationary certification shall satisfactorily complete a commission-accredited dete…

12 NCAC 10B .0603 EVALUATION FOR TRAINING WAIVER (a) Applicants for detention officer certification with prior detention or correctional officer experience who have been employed and certified as a detention or correctional officer may seek a training waiver evaluation pursuant t…

12 NCAC 10B .0604 TRAINEE ATTENDANCE (a) Each trainee enrolled in any accredited Detention Officer Certification Course shall attend all required class sessions pursuant to Rules .0601 and .0603 of this Subchapter. (b) The school director may recognize valid reasons for class abs…

12 NCAC 10B .0605 COMPLETION OF DETENTION OFFICER CERTIFICATION COURSE (a) Each trainee shall attend and satisfactorily complete a full course during a single scheduled delivery as set forth in Rule .0601 of this Section unless a waiver has been granted as set forth in Rule .0603…

12 NCAC 10B .0606 COMP WRITTEN EXAM – DETENTION OFFICER CERTIFICATION COURSE (a) At the conclusion of a school's offering of any Detention Officer Certification Course, an authorized representative of the Commission shall administer a comprehensive written examination to each tra…

12 NCAC 10B .0607 SATISFACTION OF MINIMUM TRAINING REQUIREMENTS In order to satisfy the minimum training requirements for certification as a detention officer, a trainee shall: (1) achieve a score of 70 percent correct answers on the Commission-administered comprehensive written …

SECTION .0700 - MINIMUM STANDARDS FOR JUSTICE OFFICER SCHOOLS AND TRAINING PROGRAMS OR COURSES OF INSTRUCTION 12 NCAC 10B .0701 PURPOSE History Note: Authority G.S. 17E-4; Eff. January 1, 1989; Amended Eff. February 1, 1998; Temporary Amendment Eff. March 1, 1998; Amended Eff. Au…

12 NCAC 10B .0702 ADMINISTRATION OF JUSTICE OFFICER SCHOOLS The rules covering the administration of Criminal Justice Schools and training programs or courses of instruction, codified as Title 12, Subchapter 9B, Section .0200 of the North Carolina Administrative Code, effective a…

12 NCAC 10B .0703 ADMINISTRATION OF DETENTION OFFICER CERTIFICATION COURSE (a) The executive officer or officers of the institution or agency sponsoring a Detention Officer Certification Course shall have primary responsibility for implementation of the rules in this Section and …

12 NCAC 10B .0704 RESPONSIBILITIES: Schools and DETENTION OFFICER CourseS (a) In planning, developing, coordinating, and delivering any commission-certified Detention Officer Certification Courses, the school shall: (1) Formalize and schedule the course curriculum in accordance w…

12 NCAC 10B .0705 QUALIFICATIONS TO ACT AS SCHOOL DIRECTORS Any person designated to act as, or who performs the duties of, a school director in the delivery or presentation of any commission-accredited Detention Officer Certification Course shall maintain the following criteria …

12 NCAC 10B .0706 TERMS AND CONDITIONS OF SCHOOL DIRECTOR CERTIFICATION History Note: Authority G.S. 17E-4; Eff. January 1, 1989; Amended Eff. August 1, 1998; January 1, 1996; Repealed Eff. August 1, 2002.

12 NCAC 10B .0707 SUSPENSION: REVOCATION: OR DENIAL: SCHOOL DIRECTOR CERT History Note: Authority G.S. 17E-4; Eff. January 1, 1989; Amended Eff. August 1, 1998; Repealed Eff. August 1, 2002.