Current through Register Vol. 39, No. 6, September 16, 2024
(a) When the
Commission revokes or denies the certification of a corrections officer
pursuant to
12 NCAC
09G .0504 of this Section, the period of the
sanction shall be permanent where the cause of the sanction is the commission
or conviction of a felony offense, and shall be 10 years where the cause of
sanction is:
(1) the second suspension of an
officer's certification for any of the causes requiring a three-year period of
suspension; or
(2) revocation or
denial of certification by the North Carolina Sheriffs' Education and Training
Standards Commission based on grounds that would constitute a violation of this
Subchapter.
(b) When the
Commission suspends or denies the certification of a corrections officer
pursuant to
12 NCAC
09G .0504 of this Section, the period of
sanction shall be not less than three years; however, the Commission may reduce
or suspend the period of sanction or substitute a period of probation in lieu
of suspension of certification, or impose a combination of reduction,
suspension, or probation as determined on a case-by-case basis following a
consent order or an administrative hearing, where the cause of sanction is:
(1) conviction of a Class B misdemeanor as
defined in
12 NCAC
09G .0102(12)(b), for a
three year period prior to the date of application, or completion of any
corrections supervision imposed by the courts for such crimes within three
years of issuance of certification;
(2) commission or conviction of a Class B
misdemeanor as defined in
12 NCAC
09G .0102(12)(b), after
certification;
(3) discharge by the
North Carolina Department of Adult Correction pursuant to
12 NCAC
09G .0504(b)(4) and (b)(5)
of this Section;
(4) refusal to
submit to the applicant drug screen required by the Rules in this
Subchapter;
(5) production of a
positive result on a drug screen reported to the Commission under
12 NCAC
09G .0205, where the positive result cannot
be explained to the Commission's satisfaction. For the purposes of this Rule,
"to the Commission's satisfaction" shall be determined on a case-by-case basis,
and the use of a prescribed drug shall be satisfactory;
(6) the applicant has knowingly made a
material misrepresentation of any information required for certification or
accreditation;
(7) the applicant
has knowingly and willfully obtained, attempted to obtain, aided another person
to obtain, or aided another person attempt to obtain credit, training or
certification by any means of false pretense, deception, defraudation,
misrepresentation or cheating;
(8)
failure to make either of the notifications as required by
12 NCAC
09G .0208 or
09G .0209;
(9) removal from office under the provisions
of G.S.
128-16 or the provisions of
G.S.
14-230; or
(10) certification revoked or denied by the
North Carolina Sheriffs' Education and Training Standards Commission, if such
certification was revoked or denied based on grounds that would constitute a
violation of Section 09G of these Rules.
(c) When the Commission suspends or denies
the certification of a corrections officer, the period of sanction shall be for
an indefinite period, but continuing so long as the stated deficiency,
infraction, or impairment continues to exist, where the cause of sanction is:
(1) failure to meet or satisfy relevant basic
training requirements;
(2) failure
to meet or maintain the minimum standards for certification; or
(3) discharge from the North Carolina
Department of Adult Correction for impairment of physical or mental
capabilities.
Authority
G.S.
17C-6;
17C-10;
Temporary
Adoption Eff. January 1, 2001;
Eff. August 1, 2002;
Amended Eff. December 1, 2018; December 1, 2004;
Pursuant to
G.S.
150B-21.3A, rule is necessary without
substantive public interest Eff. May 25, 2019;
Amended Eff. January
1, 2022.
