12 NCAC 02J .0209           SUSPENSION, REVOCATION, OR DENIAL OF OFFICER COMMISSION

(a)  A campus police commission shall be revoked or denied upon a finding that the officer has committed or been convicted of:

(1)           any felony (unless pardoned by the President of the United States or a state Governor); or

(2)           any crime for which the authorized punishment could have been imprisonment for more than two years.

(b)  The Attorney General, or his designee, may revoke, suspend, or deny the commission of a campus police officer when the Campus Police Administrator finds that the applicant for commission or the commissioned campus police officer has committed or been convicted of:

(1)           a crime or unlawful act as defined in 12 NCAC 9A .0103(22)(b) as a Class B misdemeanor and which occurred after the date of initial certification;

(2)           a crime or unlawful act as defined in 12 NCAC 9A .0103(22)(b) as a Class B misdemeanor within a five-year period prior to the date of application for certification;

(3)           four or more crimes or unlawful acts as defined in 12 NCAC 9A .0103(22)(b) as Class B misdemeanors regardless of the date of commission or conviction;

(4)           four or more crimes or unlawful acts as defined in 12 NCAC 9A .0103(22)(a) as a Class A misdemeanor, each of which occurred after the date of initial certification; or

(5)           four or more crimes or unlawful acts as defined in 12 NCAC 9A .0103(22)(a) as a Class A misdemeanor except the applicant may be certified if the last conviction or commission occurred more than two years prior to the date of the application for certification.

(c)  In addition, a campus police commission shall be revoked or denied upon a finding that the officer:

(1)           lacks good moral character as referred to in G.S. 17C‑10(c);

(2)           fails to meet any of the required minimum standards as specified in 12 NCAC 2J .0203;

(3)           has been terminated from employment with the campus police agency for which the officer is commissioned or is no longer employed with such campus police agency;

(4)           has committed any act prohibited by 12 NCAC 2J .0302; or

(5)           termination, suspension, or revocation of the certification of the campus police agency with which the officer is commissioned.

(d)  An officer whose certification has been suspended, revoked, or denied may appeal the action in accordance with the provisions of G.S. 150B.

History Note:        Authority G.S. 74G‑4;

Eff. April 1, 2006;

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