Current through Register Vol. 39, No. 6, September 16, 2024
(a) The
Commission shall revoke the certification of a criminal justice officer when
the Commission finds that the officer has committed or been convicted of:
(1) a felony offense; or
(2) a criminal offense for which the
authorized punishment included imprisonment for more than two years.
(b) The Commission may suspend,
revoke, or deny the certification of a criminal justice officer when the
Commission finds that the applicant for certification or the certified officer:
(1) has not enrolled in and satisfactorily
completed the required basic training course in its entirety within prescribed
time periods relevant or applicable to a specified position or job
title;
(2) fails to meet or
maintain one or more of the minimum employment standards required by
12 NCAC
09B .0100 for the category of the officer's
certification or fails to meet or maintain one or more of the minimum training
standards required by
12 NCAC
09B .0200 or
12 NCAC
09B .0400 for the category of the officer's
certification;
(3) has committed or
been convicted of:
(A) a criminal offense or
unlawful act defined in
12 NCAC
09A .0103 as a Class B misdemeanor;
or
(B) four or more criminal
offenses or unlawful acts defined in
12 NCAC
09A .0103 as a Class A misdemeanor, each of
which occurred after the date of initial certification;
(4) has been discharged by a criminal justice
agency for commission or conviction of:
(A) a
motor vehicle offense requiring the revocation of the officer's driver's
license; or
(B) any other offense
involving moral turpitude;
(5) has been discharged by a criminal justice
agency because the officer lacks the mental or physical capabilities to
properly fulfill the responsibilities of a criminal justice officer;
(6) has knowingly made a material
misrepresentation of any information required for certification or
accreditation;
(7) has knowingly
and willfully, by any means of false pretense, deception, defraudation,
misrepresentation or cheating whatsoever, obtained or attempted to obtain
credit, training or certification from the Commission;
(8) has knowingly and willfully, by any means
of false pretense, deception, defraudation, misrepresentation or cheating
whatsoever, aided another person in obtaining or attempting to obtain credit,
training or certification from the Commission;
(9) has failed to make either of the
notifications as required by
12 NCAC
09B .0101(8);
(10) has been removed from office by decree
of the Superior Court in accord with the provisions of
G.S.
128-16 or has been removed from office by
sentence of the court in accord with the provisions of
G.S.
14-230;
(11) fails to satisfactorily complete the
minimum in-service training requirements as prescribed in
12 NCAC
09E;
(12) has refused to submit to an applicant or
lateral transferee drug screen as required by the rules in this Chapter, or has
refused to submit to an in-service drug screen pursuant to the guidelines set
forth in the Drug Screening Implementation Guide as required by the agency
through which the officer is certified;
(13) has produced a positive result on a drug
screen reported to the Commission as specified in
12 NCAC
09C .0310, where the positive result cannot
be explained to the Commission's satisfaction;
(14) has been denied certification or had
certification suspended or revoked by the North Carolina Sheriffs' Education
and Training Standards Commission, the North Carolina Criminal Justice
Education and Training Standards Commission; the North Carolina Company/Campus
Police Program; or a similar North Carolina, out of state or federal approving,
certifying or licensing agency;
(15) has performed activities or duties for
which certification by the Commission is required without having first obtained
the appropriate certification; or
(16) has been convicted of any offense
proscribed by 18 USC
922(g)(8) that would
prohibit possession of a firearm or ammunition.
(c) Following suspension, revocation, or
denial of the person's certification, the person may not remain employed or
appointed as a criminal justice officer and the person may not exercise any
authority of a criminal justice officer during a period for which the person's
certification is suspended, revoked, or denied.
