12 NCAC 02I .0213           PERIOD OF SUSPENSION, REVOCATION OR DENIAL

(a)  When the Attorney General, or his designee, suspends or denies the commission of a company police officer, the period of sanction shall not be less than three years. However, the Attorney General, or his designee, may either reduce or suspend the period of sanction under 12 NCAC 2I .0212(b) or substitute a period of probation in lieu of suspension of a commission following an administrative hearing, where the cause of sanction is:

(1)           commission or conviction of a crime other than those listed in Paragraph (a) of Rule .0212;

(2)           refusal to submit to the applicant or lateral transferee drug screen required by 12 NCAC 2I .0202(7);

(3)           production of a positive result on a drug screen reported to the Company Police Administrator where the positive result cannot be explained to the Company Police Administrator's satisfaction;

(4)           material misrepresentation of any information required for company police commissioning;

(5)           obtaining, attempting to obtain, aiding another person to obtain, or aiding another person attempting to obtain credit, training or commissioning as a company police officer by any means of false pretense, deception, defraudation, misrepresentation or cheating; or

(6)           failure to make either of the notifications as required by 12 NCAC 2I .0202(8).

(b)  When the Attorney General, or his designee, suspends or denies the commission of a company police officer, the period of sanction shall be continued so long as the stated deficiency, infraction, or impairment continues to exist, where the cause of sanction is:

(1)           failure to meet or satisfy all basic training requirements;

(2)           failure to meet or maintain the minimum standards of employment specified in 12 NCAC 2I .0202(4); 

(3)           discharge from a criminal justice agency for impairment of physical or mental capabilities; or

(4)           failure to meet the in-service training requirements as prescribed by the North Carolina Criminal Justice Education and Training Standards Commission.

History Note:        Authority G.S. 74E-4;

Eff. August 2, 1993;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.