North Carolina Administrative Code
Title 12 - JUSTICE
Chapter 09 - CRIMINAL JUSTICE EDUCATION AND TRAINING STANDARDS
Subchapter B - STANDARDS FOR CRIMINAL JUSTICE EMPLOYMENT: EDUCATION: AND TRAINING
Section .0400 - MINIMUM STANDARDS FOR COMPLETION OF TRAINING
Section 09B .0403 - EVALUATION FOR TRAINING WAIVER
Universal Citation: 12 NC Admin Code 09B .0403
Current through Register Vol. 39, No. 6, September 16, 2024
(a) The Standards Division staff shall evaluate each law enforcement officer's training and experience to determine if equivalent training has been completed as specified in Rule .0402(a) of this Section. Applicants for certification with prior law enforcement experience shall have been employed in a full-time, sworn law enforcement position in order to be considered for training evaluation under this Rule. Applicants for certification with a combination of full-time and part-time experience shall be evaluated on the basis of the full-time experience only. The determination of full time or part time is determined by the employing agency who submits the applicant's certification documents. For the purposes of this Rule, equivalent training is the topics of instruction successfully completed at a federal, military or out of state law enforcement training academy. The following criteria shall be used by Standards Division staff in evaluating a law enforcement officer's training and experience to determine eligibility for a waiver of training requirements:
(1) Persons having completed a
Commission-accredited Basic Law Enforcement Training Course and not having been
duly appointed and sworn as a law enforcement officer within one year of
completion of the course shall complete a subsequent Commission-accredited
Basic Law Enforcement Training Course, as prescribed in Rule .0405(a) of this
Section, and shall achieve a passing score on the State Comprehensive
Examination prior to obtaining probationary law enforcement certification,
unless the Director determines that a delay in applying for certification was
not due to inaction or fault on the part of the applicant, in which case the
Director shall accept a Commission-accredited Basic Law Enforcement Training
Course that is over one year old. The appointing agency shall request in
writing the extension of the one year period, which shall not exceed 30 days
from the first year anniversary of the passing of the State Comprehensive
Examination;
(2) Out-of-state
transferees shall be evaluated to determine the amount and quality of their
training and experience. Out-of-state transferees shall not have a break in
service exceeding three years. At a minimum, out-of-state transferees shall
have two years' full-time, sworn law enforcement experience and have completed
a basic law enforcement training course accredited by the transferring state.
An individual's attendance at his or her basic law enforcement class shall not
count towards the two years' full-time sworn law enforcement experience. Prior
to employment as a certified law enforcement officer, out-of-state transferees
shall complete with a passing score the employing agency's in-service firearms
training and qualification program as prescribed in
12 NCAC
09E .0106. In addition, out-of-state
transferees shall complete the Legal Unit in a Commission-accredited Basic Law
Enforcement Training Course as prescribed in Rule .0205(b)(1) of this
Subchapter and shall achieve a passing score on the State Comprehensive
Examination within the 12 month probationary period;
(3) Persons who have completed a 369-hour
Commission-accredited Basic Law Enforcement Training Course under guidelines
administered beginning October 1, 1984, have been separated from a sworn
position for over one year but less than three years, and who have had a
minimum of two years' experience as a full-time, sworn law enforcement officer
in North Carolina shall complete the Legal Unit in a Commission-accredited
Basic Law Enforcement Training Course as prescribed in Rule .0205(b)(1) of this
Subchapter and shall achieve a passing score on the State Comprehensive
Examination within the 12 month probationary period. Prior to employment as a
certified law enforcement officer, these persons shall complete with a passing
score the employing agency's in-service firearms training and qualification
program as prescribed in
12 NCAC
09E .0106;
(4) Persons who have completed a 396-hour
Commission-accredited Basic Law Enforcement Training Course under guidelines
administered beginning October 1, 1984, have been separated from a sworn
position more than one year but less than five years and who have a minimum of
two years' experience as a full-time, sworn law enforcement officer in North
Carolina, who have not committed, as defined in
12 NCAC
09A .0103(5), or been
convicted of a disqualifying criminal offense as listed in Rule .0111(a) of
this Subchapter, and who have successfully completed the mandatory in-service
training requirements pursuant to
12 NCAC
09E .0105 or
12 NCAC
10B .2005, with the exception of Firearms
Training and Requalification, during each year the person was separated from a
sworn position prior to employment as a certified law enforcement officer shall
complete the topic areas within the following time frames:
(A) Prior to employment as a certified law
enforcement officer, the person shall complete the appointing agency's
in-service firearms training and qualification program as prescribed in
12 NCAC
09E .0106;
(B) Prior to employment as a certified law
enforcement officer, the person shall achieve a passing score on the practical
skills testing for the First Responder, Law Enforcement Driver Training, and
Subject Control Arrest Techniques topics set forth in Rule .0205(b)(5) of this
Subchapter. The person shall also successfully complete the Police Officer
Physical Abilities Test. The practical skills testing and the Police Officer
Physical Abilities Test may be completed either in a Commission-accredited
Basic Law Enforcement Training Course or under the instruction of a
Commission-certified instructor for that particular skill. The person shall
also meet the requirements per Rule .0101 of this Subchapter; and
(C) Within 12 months of being issued
probationary certification, the person shall complete the remaining topics in
the legal unit of instruction in the Commission-accredited Basic Law
Enforcement Training Course as set forth in Rule .0205(b)(1) of this
Subchapter. The person shall achieve a passing score on the appropriate topic
tests for each course. The person may undertake each of these legal unit topics
of instruction either in a Commission-accredited Basic Law Enforcement Training
Course or under the instruction of a Commission-certified instructor for that
particular topic of instruction.
An individual's attendance at his or her basic law enforcement class shall not count towards the two years' full-time sworn law enforcement experience. Persons who meet the criteria of this Part shall be processed as a probationary certification and shall serve a one-year probationary period as defined in 12 NCAC 09C .0303;
(5) Persons who have been separated from a
sworn position for over one year but less than three years who have had less
than two years' experience as a full-time, sworn law enforcement officer in
North Carolina shall complete a Commission-accredited Basic Law Enforcement
Training Course, as prescribed in Rule .0405(a) of this Section, and achieve a
passing score on the State Comprehensive Examination;
(6) Persons who have been separated from a
sworn position for over three years who do not meet the criteria of
Subparagraph (4) of this Paragraph shall complete a Commission-accredited Basic
Law Enforcement Training Course, as prescribed in Rule .0405(a) of this
Section, regardless of prior training or experience, and shall achieve a
passing score on the State Comprehensive Examination;
(7) Persons who have been separated from a
sworn law enforcement position during their probationary period after having
completed a Commission-accredited Basic Law Enforcement Training Course and who
have been separated from a sworn law enforcement position for more than one
year shall complete a subsequent Commission-accredited Basic Law Enforcement
Training Course and shall achieve a passing score on the State Comprehensive
Examination;
(8) Upon reappointment
to the same agency or appointment to another agency, persons who have been
separated from a sworn law enforcement position during their probationary
period after having completed a Commission-accredited Basic Law Enforcement
Training Course shall be charged with the cumulative amount of time served
during his initial or subsequent appointments and allowed the remainder of the
probationary period to complete Commission requirements, but shall not be
required to complete an additional Commission-accredited Basic Law Enforcement
Training Course;
(9) Persons who
have completed a minimum 160-hour basic law enforcement training program
accredited by the North Carolina Criminal Justice Training and Standards
Council under guidelines administered beginning on July 1, 1973, and continuing
through September 30, 1978, and who have been separated from a sworn law
enforcement position for over one year but less than two years shall complete
the Legal Unit and the topical area entitled "Law Enforcement Driver Training"
of a Commission-accredited Basic Law Enforcement Training Course as prescribed
in Rule .0205(b)(1) and .0205(b)(5)(C) of this Subchapter and shall achieve a
passing score on the State Comprehensive Examination within the 12 month
probationary period;
(10) Persons
who have completed a minimum 160-hour basic law enforcement training program
accredited by the North Carolina Criminal Justice Training and Standards
Council under guidelines administered beginning on July 1, 1973, and continuing
through September 30, 1978, and have been separated from a sworn law
enforcement position for two or more years shall complete a
Commission-accredited basic training program, as prescribed in Rule .0405 of
this Section, regardless of training and experience, and shall achieve a
passing score on the State Comprehensive Examination;
(11) Persons who have completed a minimum
240-hour Commission-accredited Basic Law Enforcement Training Course under
guidelines administered beginning October 1, 1978, and continuing through
September 30, 1984, and have been separated from a sworn position over one year
but less than three years shall complete the Legal Unit in a
Commission-accredited Basic Law Enforcement Training Course as prescribed in
Rule .0205(b)(1) of this Subchapter and shall achieve a passing score on the
State Comprehensive Examination within the 12 month probationary
period;
(12) Persons previously
holding law enforcement certification in accordance with
G.S.
17C-10(a) who have been
separated from a sworn law enforcement position for over one year and who have
not previously completed a minimum basic training program accredited by either
the North Carolina Criminal Justice Training and Standards Council or the
Commission shall complete a Commission-accredited Basic Law Enforcement
Training Course, as prescribed in Rule .0405 of this Section, and shall achieve
a passing score on the State Comprehensive Examination prior to
employment;
(13) Individuals
seeking certification with the Commission who have performed duties for the
Federal Government as a Criminal Investigator (GS 1811) as defined in the
Office of Personnel Management General Schedule, Qualification Standards
(https://www.opm.gov/policy-data-oversight/classification-qualifications/general-schedule-qualification-standards/1800/criminal-investigation-series-1811/),
who have not had a break in service exceeding three years, shall be evaluated
to determine the amount and quality of their training and experience. For the
purposes of this Rule, equivalent training is the topics of instruction
successfully completed at a federal, military, or out of state law enforcement
training academy. The following criteria shall be used by Standards Division
staff in Division staff in evaluating a law enforcement officer's training and
experience to determine eligibility for a waiver of training requirements. At a
minimum, individuals shall have two years' full-time, sworn law enforcement
experience and have completed a basic law enforcement training course as
required by their appointing federal agency. Prior to employment as a certified
law enforcement officer, these individuals shall complete with a passing score
the employing agency's in-service firearms training and qualification program
as prescribed in
12 NCAC
09E .0106. These individuals shall complete
the Basic Law Enforcement Training topics pursuant to
12 NCAC
09B .0205(b)(1)(A), (b)(1)(C), (b)(1)(D), (b)(1)(F),
(b)(2)(A), (b)(2)(C), (b)(2)(E), (b)(2)(F), (b)(2)(I), (b)(3)(B), (b)(3)(D),
(b)(4)(E), (b)(5)(A), (b)(6)(A), (b)(6)(B),
(b)(6)(C), and shall achieve a passing score
on the State Comprehensive Examination pursuant to
12 NCAC
09B .0406 within the 12 month probationary
period. Individuals who submit to the Commission documentation of completion of
training equivalent to the topics set forth in
12 NCAC
09B .0205(b)(2)(A), (b)(2)(C), (b)(2)(E), (b)(2)(F),
(b)(2)(I), (b)(3)(B), (b)(3)(D), (b)(4)(E), (b)(5)(A), (b)(6)(A),
(b)(6)(B), and (b)(6)(C) shall not be
required to complete those topics;
(14) Federal law enforcement transferees
other than those listed in Subparagraph (a)(13) of this Rule who have not had a
break in service exceeding three years shall be evaluated to determine the
amount and quality of their training and experience. At a minimum, federal law
enforcement officers shall have two years' full-time, sworn law enforcement
experience and have completed a basic law enforcement training course as
required by their appointing federal agency. Prior to employment as a certified
law enforcement officer, transferees shall complete with a passing score the
employing agency's in-service firearms training and qualification program as
prescribed in
12 NCAC
09E .0106. At a minimum, transferees shall
complete the Legal Unit in a Commission-accredited Basic Law Enforcement
Training Course as prescribed in Rule .0205(b)(1) of this Subchapter and shall
achieve a passing score on the State Comprehensive Examination within 12 month
probationary period;
(15)
Applicants with part-time experience who have a break in service in excess of
one year shall complete a Commission-accredited Basic Law Enforcement Training
Course, as prescribed in Rule .0405 of this Section, and shall achieve a
passing score on the State Comprehensive Examination prior to
employment;
(16) Applicants who
hold or previously held certification issued by the North Carolina Sheriffs'
Education and Training Standards Commission (Sheriffs' Commission) shall be
subject to evaluation based on the applicant's active or inactive certification
status with the Sheriffs' Commission and the standards contained in Parts (A)
through (D) of this Subparagraph. A deputy sheriff certified with the Sheriffs'
Commission shall be considered active if he or she has been employed in a
full-time, sworn law enforcement position during the previous 12 months. A
deputy sheriff certified with the Sheriffs' Commission shall be considered
inactive if he or she has not been employed in a full-time, sworn law
enforcement position during the previous 12 months.
(A) The Standards Division shall issue
certification to an applicant holding active general certification with the
Sheriffs' Commission provided that the applicant:
(i) Does not have a break in service of
greater than 12 months;
(ii) Has
completed the mandatory in-service training requirements pursuant to
12 NCAC
10B .2005 for each year certification was
held; and
(iii) Held active status
with the Sheriffs' Commission within 12 months of the date the applicant
achieved a passing score on the Basic Law Enforcement Training State
Comprehensive Examination.
(B) The Standards Division shall issue
certification to an applicant holding inactive certification with the Sheriffs'
Commission provided that the applicant:
(i)
Holds inactive probationary or general certification with the Sheriffs'
Commission;
(ii) Has served a
minimum of 24 months of full time sworn service or does not have a break in
service of greater than 12 months;
(iii) Has completed the mandatory in-service
training requirements pursuant to
12 NCAC
10B .2005, with the exception of Firearms
Training and Requalification; and
(iv) Held active status with the Sheriffs'
Commission within 12 months of the date the applicant achieved a passing score
on the Basic Law Enforcement Training State Comprehensive
Examination.
(C) An
applicant awarded certification with the Sheriffs' Commission by means of the
Sheriffs' Standards BLET Challenge as prescribed in
12 NCAC
10B .0505(6)(b) shall meet
the following requirements in order to obtain probationary certification from
the Commission:
(i) Have a minimum of 24
months of sworn, full-time law enforcement service;
(ii) Not have a break in service of greater
than 12 months; and
(iii) Have
completed all mandatory in-service requirements pursuant to
12 NCAC
10B .2005 during the previous two
years.
(D) An applicant
who is a criminal justice officer, as defined in
G.S.
17C-2(3), and who is elected
Sheriff shall be reinstated by the Commission upon the conclusion of the period
of service as Sheriff and in conformance with
12 NCAC
09C .0303;
(17) Alcohol law enforcement agents who
received basic alcohol law enforcement training prior to November 1, 1993, and
transfer to another law enforcement agency in a sworn capacity shall be subject
to evaluation of their prior training and experience on an individual basis.
The Standards Division staff shall determine the amount of training required of
these applicants, based upon the type of certification held by the applicant
and the length of any break in the applicant's sworn, full-time
service;
(18) Wildlife enforcement
officers who separate from employment with the Wildlife Enforcement Division
and transfer to another law enforcement agency in a sworn capacity shall be
subject to evaluation of their prior training and experience on an individual
basis. The Standards Division staff shall determine the amount of training
required of these applicants, based upon the type of certification held by the
applicant and the length of any break in the applicant's sworn, full-time
service;
(19) Active duty, guard,
or reserve military members failing to complete all of the required annual
in-service training topics, as defined in
12 NCAC
09E .0105 of this Chapter, due to military
obligations are subject to the following training requirements as a condition
for return to active criminal justice status. The agency head shall verify the
person's completion of the appropriate training by submitting a statement, on
Form F-9C, Return to Duty Request form. This form is located on the agency's
website:
https://ncdoj.gov/law-enforcement-training/criminal-justice/forms-and-publications/;
(A) Active duty members of the armed forces
eligible for probationary certification pursuant to this Paragraph and active
duty, guard, or reserve military members holding probationary or general
certification as a criminal justice officer who fail to complete all of the
required annual in-service training topics due to military obligations for up
to a period of three years shall complete the previous year's required
in-service training topics, the current year's required in-service training
topics, and complete with a passing score the appointing agency's in-service
firearms training and qualification program as prescribed in
12 NCAC
09E prior to their return to active criminal
justice status;
(B) Active duty,
guard, or reserve military members holding probationary or general
certification as a criminal justice officer who fail to complete all of the
required annual in-service training topics due to military obligations for a
period greater than three years shall complete the following topic areas within
the following time frames:
(i) The person
shall complete the previous year's required in-service training topics, the
current year's required in-service training topics, and complete the appointing
agency's in-service firearms training and qualification program as prescribed
in 12
NCAC 09E .0106 prior to their return to
active criminal justice status;
(ii) The person shall achieve a passing score
on the practical skills testing for the First Responder, Law Enforcement Driver
Training, and Subject Control Arrest Techniques topics enumerated in Rule
.0205(b)(5) of this Subchapter prior to returning to active criminal justice
status. This practical skills testing may be completed either in a
Commission-accredited Basic Law Enforcement Training Course or under the
instruction of a Commission-certified instructor for that particular skill. The
person shall complete one physical fitness assessment in lieu of the Fitness
Assessment and Testing topic. The person shall also be examined by a physician
per Rule .0104(b) of this Subchapter; and
(iii) The person shall complete required
topics in the legal unit of instruction in the Commission-accredited Basic Law
Enforcement Training Course as set forth in Rule .0205(b)(1) of this
Subchapter. The required topics include Motor Vehicle Law; Juvenile Laws and
Procedures; Arrest, Search and Seizure/Constitutional Law; and ABC Laws and
Procedures. The person shall achieve a passing score on the topic tests for
each course. The person may undertake each of these legal unit topics of
instruction either in a Commission-accredited Basic Law Enforcement Training
Course or under the instruction of a Commission-certified instructor for that
particular topic of instruction. The person shall complete each of the
enumerated topics of instruction within 12 months from the beginning of his or
her return to active criminal justice status; and
(20) An active duty member of the
armed forces who completes the Commission-accredited Basic Law Enforcement
Training Course in its entirety as prescribed in Rule .0405 of this Subchapter,
annually completes the mandatory in-service training topics as prescribed in
12 NCAC
09E .0105, with the exception of the Firearms
and Qualification testing requirements contained in
12 NCAC
09E .0105(a)(3) for each
year subsequent to the completion of the Commission-accredited Basic Law
Enforcement Training Course, and achieves a passing score on the State
Comprehensive Examination as prescribed in Rule .0406 of this Subchapter within
five years of separating from active duty status shall be eligible for
probationary certification as prescribed in
12 NCAC
09C .0303 for a period of 12 months from the
date he or she separates from active duty status in the armed forces. All
mandatory in-service training topics as prescribed in
12 NCAC
09E .0105 shall be completed by the
individual prior to receiving probationary certification.
(b) If an evaluation, conducted by Standards Division staff, of the applicant's prior training and experience determines that required attendance in the entire Commission-accredited Basic Law Enforcement Training Course is unnecessary, the Director of the Standards Division shall determine the amount of training the individual shall complete during his or her probationary period.
(c) The following criteria shall be used by Standards Division staff in evaluating prior training and experience of local confinement personnel to determine eligibility for a waiver of training requirements:
(1) Persons who hold
probationary, general, or grandfather certification as local confinement
personnel and separate after having completed a Commission-accredited basic
training course as prescribed in Rule .0224 or .0225 of this Subchapter and
have been separated for one year or more shall complete a subsequent
Commission-accredited basic training course and achieve a passing score on the
State Comprehensive Examination during the probationary period as prescribed in
Rule .0401(a) of this Subchapter;
(2) Upon reappointment to the same agency or
appointment to another agency, persons who have been separated from a local
confinement personnel position during their probationary period after having
completed a Commission-accredited basic training program course shall be
charged with the cumulative amount of time served during his initial or
subsequent appointments and allowed the remainder of the probationary period to
complete Commission requirements, but shall not be required to complete an
additional Commission-accredited basic training course.
(3) Applicants who hold or previously held
"Detention Officer Certification" issued by the North Carolina Sheriffs'
Education and Training Standards Commission shall be subject to evaluation of
their prior training and experience on an individual basis. No additional
training shall be required where the applicant obtained certification and
successfully completed the required 120 hour training course and has not had a
break in service in excess of one year; and
(4) Persons holding certification for local
confinement facilities who transfer to a district or county confinement
facility shall complete the course for district and county confinement facility
personnel, as adopted by reference in Rule .0224 of this Subchapter, and
achieve a passing score on the State Comprehensive Examination during the
probationary period as prescribed in Rule .0401(a) of this
Subchapter.
Authority
G.S.
17C-2;
17C-6;
17C-10;
93B-15.1;
Eff.
January 1, 1981;
Amended Eff. October 1, 2017; January 1, 2017;
October 1, 2016; November 1, 2014; August 1, 2000; November 1, 1993; March 1,
1992; July 1, 1989; February 1, 1987;
Pursuant to
G.S.
150B-21.3A, rule is necessary without
substantive public interest Eff. May 25, 2019;
Amended Eff. July 1,
2021.
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