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 .0408 - COMPREHENSIVE WRITTEN EXAMINATION BASIC SMI CERTIFICATION

Universal Citation: 12 NC Admin Code 09B .0408

Current through Register Vol. 39, No. 6, September 16, 2024

(a) Within 60 days of the conclusion of the classroom instruction portion of a school's offering of any speed measurement instrument operator course or re-certification course, the Commission shall administer a comprehensive written examination to each trainee who has completed all of the required course work.

(b) The examination shall be an objective test covering the topic areas contained in the certified course curriculum.

(c) The Commission's representative shall submit to the school director within five business days of the administration of the examination a report of the results of the test for each candidate for certification.

(d) A trainee shall pass the operator training course as required in 12 NCAC 09B .0212, 09B .0213, 09B .0214, 09B .0238, 09B .0242, or .0244 by achieving 70 percent correct answers.

(e) An operator seeking recertification shall pass the operator training recertification course as specified in 12 NCAC 09B .0220, 09B .0221, 09B .0222.0240, .0243, or .0245 by achieving 75 percent correct answers.

(f) A trainee who has participated in a scheduled delivery of a certified training course and has demonstrated 100 percent competence in each motor-skill or performance area of the course curriculum, but has failed to achieve a passing score, as specified in Paragraph (d) of this Rule, on the Commission's comprehensive written examination, may request the Director of the Standards Division to authorize a re-examination of the trainee under the following requirements:

(1) The trainee's request for re-examination shall be made in writing on the Commission's Re-Examination Request form, located on the agency's website: http://www.ncdoj.gov/getdoc/b38b7eee-e311-4ec3-8f9c-bd8fd58f6281/SMI-6-Reexam-6-11.aspx. The Re-Examination Request form shall be received by the Standards Division within 30 days of the examination;

(2) The trainee's request for re-examination shall include the favorable recommendation of the school director who administered the course;

(3) A trainee shall have, within 60 days of the original examination, only one opportunity for re-examination and shall achieve a passing score on the subsequent examination; and

(4) The trainee shall be notified by the Standards Division staff of a place, time, and date for re-examination.

(g) If the trainee fails to achieve the minimum score as specified in Paragraph (d) of this Rule on the re-examination, the trainee may not be recommended for certification and shall enroll and complete a subsequent course offering before further examination may be permitted.

Authority G.S. 17C-6;
Eff. November 1, 1981;
Readopted Eff. July 1, 1982;
Amended Eff. January 1, 2015; November 1, 2007; May 1, 2004; April 1, 1999; December 1, 1987; October 1, 1983; April 1, 1983;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.

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