North Carolina Administrative Code

12 ncac 10b .1302 TELECOMMUNICATOR CERTIFICATION COURSE (a) The telecommunicator certification training program shall consist of the 47-hour Telecommunicator Certification Course developed by the North Carolina Justice Academy and approved by the Commission to ensure compliance w…

12 NCAC 10B .1303 TIME REQ/COMPLETION/TELECOMMUNICATOR CERTIFICATION COURSE (a) Each telecommunicator holding temporary or probationary certification shall satisfactorily complete a commission-accredited Telecommunicator Certification Course. The telecommunicator shall complete s…

12 NCAC 10B .1304 EVALUATION FOR TRAINING WAIVER (a) Applicants for certification with prior telecommunicating experience shall have been employed and certified in a telecommunicator position in order to be considered for training evaluation under this Rule. (b) Persons who separ…

12 ncac 10b .1305 TRAINEE ATTENDANCE (a) Each trainee enrolled in a certified "Telecommunicator Certification Course" shall attend all class sessions. The sheriff or agency head is responsible for the trainee's regular attendance at all sessions of the telecommunicator training c…

12 NCAC 10B .1306 COMPLETION OF TELECOMMUNICATOR CERTIFICATION COURSE (a) Each delivery of a commission-approved "Telecommunicator Certification Course" is considered to be a unit as set forth in this Section. Each trainee shall attend and satisfactorily complete a full course du…

12 ncac 10b .1307 COMPREHENSIVE WRITTEN EXAM - TELECOMMUNICATOR CERTIFICATION COURSE (a) At the conclusion of a school's offering of the "Telecommunicator Certification Course", an authorized representative of the Commission shall administer a comprehensive written examination to…

12 NCAC 10B .1308 SATISFACTION OF MINIMUM TRAINING REQUIREMENTS In order to satisfy the minimum training requirements for certification as a telecommunicator, a trainee shall: (1) achieve a score of 70 percent correct answers on the Commission-administered comprehensive written e…

SECTION .1400 - PROFESSIONAL CERTIFICATE FOR RESERVE DEPUTY SHERIFFS 12 ncac 10b .1401 PURPOSE History Note: Authority G.S. 17E; Eff. August 1, 2000; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018; Expired Eff. September 1, 2…

12 NCAC 10B .1402 ELIGIBILITY FOR PROFESSIONAL CERTIFICATES (a) In order to be eligible for one or more of the professional certificates, a reserve deputy sheriff shall first meet the following preliminary qualifications: (1) be an appointed reserve deputy sheriff who holds a val…

12 ncac 10b .1403 BASIC RESERVE DEPUTY SHERIFF PROFESSIONAL CERTIFICATE History Note: Authority G.S. 17E; Eff. August 1, 2000; Amended Eff. April 1, 2001; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018; Repealed Eff. August 1…

12 ncac 10b .1404 INTERMEDIATE RESERVE DEPUTY SHERIFF CERTIFICATE History Note: Authority G.S. 17E; Eff. August 1, 2000; Amended Eff. August 1, 2002; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018; Repealed Eff. December 1, 2…

12 ncac 10b .1405 ADVANCED RESERVE DEPUTY SHERIFF CERTIFICATE History Note: Authority G.S. 17E; Eff. August 1, 2000; Amended Eff. August 1, 2002; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018; Repealed Eff. December 1, 2025.

12 NCAC 10B .1406 HOW TO APPLY (a) All applicants for an award of the intermediate or advanced reserve officer professional certificates shall complete the "Application for Professional Certificate/Service Award," Form F-6R. (b) Documentation of training shall be provided by copi…

SECTION .1500 - RESERVE JUSTICE OFFICERS' SERVICE AWARD PROGRAM 12 NCAC 10B .1501 PURPOSE History Note: Authority G.S. 17E-4; Eff. April 1, 2001; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018; Expired Eff. September 1, 2025 …

12 NCAC 10B .1502 GENERAL PROVISIONS (a) In order to qualify for one or more of the service awards, a Reserve Justice Officer shall first meet the following preliminary qualifications: (1) be an appointed reserve deputy sheriff, detention officer, or telecommunicator who holds a …

12 NCAC 10B .1503 INTERMEDIATE RESERVE SERVICE AWARD In addition to the qualifications set forth in Rule .1502 of this Section an applicant must have served a minimum of 15 years as a reserve deputy, detention officer, or telecommunicator to receive an Intermediate Reserve Servic…

12 NCAC 10B .1504 ADVANCED RESERVE SERVICE AWARD In addition to the qualifications set forth in Rule .1502 of this Section an applicant must have served a minimum of 20 years as a reserve deputy, detention officer, or telecommunicator to receive an Advanced Reserve Service Award.…

12 NCAC 10B .1505 HOW TO APPLY (a) All applicants for an award of the intermediate and advanced service award shall complete an "Application: Reserve Professional Certificate/Service Award," F-6R. (b) Documentation of the applicant's length of service as a reserve deputy sheriff,…

SECTION .1600 - PROFESSIONAL CERTIFICATE PROGRAM FOR TELECOMMUNICATORS 12 ncac 10b .1601 PURPOSE History Note: Authority G.S. 17E-4; Eff. August 1, 2002; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018; Expired Eff. September …

12 ncac 10b .1602 eligibility for professional certificates (a) In order to be eligible for one or more of the telecommunicator professional certificates, a telecommunicator shall first meet the following preliminary qualifications: (1) be a full-time telecommunicator who holds a…

12 ncac 10b .1603 BASIC TELECOMMUNICATOR CERTIFICATE History Note: Authority G.S. 17E-4; Eff. April 1, 2001; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018; Repealed Eff. August 1, 2019.

12 ncac 10b .1604 INTERMEDIATE TELECOMMUNICATOR CERTIFICATE History Note: Authority G.S. 17E-4(b)(1); 17E-4(b)(12); Eff. April 1, 2001; Amended Eff. February 1, 2014; January 1, 2013; August 1, 2002; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public intere…

12 ncac 10b .1605 ADVANCED TELECOMMUNICATOR CERTIFICATE History Note: Authority G.S. 17E-4(b)(1); 17E-4(b)(12); Eff. April 1, 2001; Amended Eff. February 1, 2014; January 1, 2013; August 1, 2002; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest E…

12 NCAC 10B .1606 HOW TO APPLY (a) All applicants for an award of the telecommunicator intermediate or advanced professional certificates shall complete the "Application for Professional Certificate/Service Award," Form F-6. (b) Documentation of education shall be provided by cop…

section .1900 – Military TRAINED APPLICANT and military spouse 12 ncac 10b .1901 Military and military spouse transferees (a) An individual who applies for justice officer certification as a military trained applicant pursuant to G.S. 93B-15.1 shall meet and submit, along with ot…

SECTION .2000 - IN-SERVICE TRAINING FOR JUSTICE OFFICERS 12 NCAC 10B .2001 PURPOSE History Note: Authority G.S. 17E-4; 17E-7; Eff. January 1, 1989; Amended Eff. January 1, 2007; February 1, 1998; January 1, 1990; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive …

12 NCAC 10B .2002 Certification-specific programs The following Justice Officer In-Service Training Programs shall be required for justice officers who are active in the certification specified: (1) Firearms Training and Requalification for deputy sheriffs and detention officers …

12 NCAC 10B .2003 IN-SERVICE TRAINING COORDINATOR (a) If a Sheriff or Department Head chooses to conduct its own in-service training, then the Sheriff or Department Head must also appoint an "In-Service Training Coordinator" who meets the following criteria: (1) Has four years of…

12 NCAC 10B .2004 INSTRUCTORS The following requirements and responsibilities are hereby established for instructors who conduct a Commission-mandated In-Service Training Program: (1) The instructors shall: (a) hold General Instructor Certification as issued by the North Carolina…

12 NCAC 10B .2005 MINIMUM TRAINING REQUIREMENTS (a) A Sheriff or Department Head may use a lesson plan developed by the North Carolina Justice Academy or a lesson plan for any of the topic areas developed by another entity such as a different law enforcement agency or training pr…

12 NCAC 10B .2006 IN-SERVICE TRAINING PROGRAM SPECIFICATIONS (a) Justice officers who have been active as a deputy sheriff, detention officer, or telecommunicator between January and July of each calendar year shall complete the respective In-Service Training Program(s) establish…

12 NCAC 10B .2007 SHERIFF/agency head RESPONSIBILITIES Each Sheriff or Department Head shall ensure that the respectively required In-Service Training Program established by this Section is conducted. In addition, the Sheriff or Department Head shall: (1) report to the Division t…

12 NCAC 10B .2008 FAILURE TO COMPLETE IN-SERVICE TRAINING PROGRAMS (a) Failure to complete the respectively required In-Service Training Program(s), except as set forth in Paragraph (c) of this Rule, in accordance with this Section shall result in the summary suspension of certif…

12 NCAC 10B .2009 training delivery The training provider shall ensure that the: (1) training is documented by roster that includes: (a) student names; (b) date and time of training; (c) instructional topic; (d) hours taught; (e) instructor's name; and (f) training provider. The …

SECTION .2100 - DEPUTY SHERIFF' AND DETENTION OFFICERS' FIREARMS IN-SERVICE TRAINING REQUALIFICATION PROGRAM 12 NCAC 10B .2101 SHERIFF RESPONSIBILITIES The sheriff shall ensure that the deputy sheriffs' and detention officers' In-Service Firearms Training and Requalification Prog…

12 NCAC 10B .2102 INSTRUCTORS The following requirements and responsibilities are hereby established for instructors who conduct the Deputy Sheriffs' and Detention Officers' In-Service Firearms Training and Requalification Program: (1) The instructor who performs the range qualif…

12 NCAC 10B .2103 MINIMUM TRAINING REQUIREMENTS In addition to conducting Annual Firearms Qualification, as prescribed in 12 NCAC 10B .2104, Specialized Firearms Instructors shall provide instruction on the following specified topics: (1) Use of Force: the authority to use deadly…

12 NCAC 10B .2104 ANNUAL FIREARMS QUALIFICATION SPECIFICATIONS (a) All deputy sheriffs and detention officers who are authorized by the sheriff to carry a handgun shall qualify a minimum of once each calendar year with each department-approved service handgun by completing the Qu…

12 NCAC 10B .2105 FAILURE TO QUALIFY (a) Deputy sheriffs and detention officers who fail to qualify pursuant to Rule .2104 of this Section shall surrender their weapons to the sheriff or his or her authorized designee upon failure and shall have 30 days in which to obtain the qua…

SECTION .2200 – FORMS 12 NCAC 10B .2201 CERTIFICATION FORMS (a) The following are Commission approved forms to be used by agencies in making reports, applications, or requests for certification of justice officers: (1) Form F-1, Medical History Statement, is completed by an appli…

SECTION .0200 – ORGANIZATION 13 ncac 01a .0201 divisions History Note: Authority G.S. 74-24.19; 94-4; 95-4; 95-11; 95-12; 95-35; 95-36.3; 95-47.9; 95-69.12; 95-133; 143A-69; Eff. February 1, 1976; Readopted Eff. September 30, 1977; Repealed Eff. April 1, 2001.

SUBCHAPTER 01B - RULE-MAKING AND ADMINISTRATIVE HEARING PROCEDURES SECTION .0100 - rule-making 13 NCAC 01B .0101 INSTRUCTIONS FOR FILING A PETITION FOR RULE-MAKING (a) Any person may petition the Commissioner of Labor to adopt a new permanent rule, or amend or repeal an existing …

13 ncac 01b .0102 MAILING LIST (a) Any person or agency desiring to be placed on the mailing list for the Department's rule-making notices issued pursuant to G.S. 150B-21.2(d) may file a request in writing to the Commissioner of the Department at 1101 Mail Service Center Raleigh,…

13 ncac 01b .0103 DISPOSITION OF PETITIONS History Note: Authority G.S. 95-4(2); 150B-16; Eff. February 1, 1976; Readopted Eff. September 30, 1977; Amended Eff. April 1, 2001; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018; R…

SECTION .0200 - NOTICE OF RULE-MAKING HEARINGS 13 NCAC 01B .0201 TIMING OF NOTICE History Note: Authority G.S. 95-4(2); 150B-12(2); Eff. February 1, 1976; Readopted Eff. September 30, 1977; Repealed Eff. July 1, 1988.

13 NCAC 01B .0308 EMERGENCY RULES History Note: Authority G.S. 95-4; 74A-1; 150B-13; Eff. February 1, 1976; Readopted Eff. September 30, 1977; Repealed Eff. July 1, 1988.

SECTION .0600 - ADMINISTRATIVE HEARINGS: DECISIONS: RELATED RIGHTS AND PROCEDURES 13 NCAC 01B .0601 FAILURE TO APPEAR History Note: Authority G.S. 95-4; 150B-25(a); Eff. February 1, 1976; Readopted Eff. September 30, 1977; Repealed Eff. July 1, 1988.

13 ncac 01b .0602 SIMPLIFICATION OF ISSUES History Note: Authority G.S. 95-4; 150B-33; Eff. February 1, 1976; Readopted Eff. September 30, 1977; Repealed Eff. April 1, 2001.

13 ncac 01c .0106 DISCRIMINATION COMPLAINTS History Note: Authority G.S. 95-4(2); Eff. February 1, 1976; Readopted Eff. September 30, 1977; Repealed Eff. April 1, 2001.

13 NCAC 01C .0206 ORIENTATION PROCEDURES History Note: Authority G.S. 95-4(2); Eff. February 1, 1976; Readopted Eff. September 30, 1977; Repealed Eff. July 1, 1988.