12 NCAC 09A .0204         SUSPENSION: REVOCATION: OR DENIAL OF CERTIFICATION

(a)  The Commission shall revoke the certification of a criminal justice officer when the Commission finds that the officer has committed or been convicted of:

(1)           a felony offense; or

(2)           a criminal offense for which the authorized punishment included imprisonment for more than two years.

(b)  The Commission may suspend, revoke, or deny the certification of a criminal justice officer when the Commission finds that the applicant for certification or the certified officer:

(1)           has not enrolled in and satisfactorily completed the required basic training course in its entirety within prescribed time periods relevant or applicable to a specified position or job title;

(2)           fails to meet or maintain one or more of the minimum employment standards required by 12 NCAC 09B .0100 for the category of the officer's certification or fails to meet or maintain one or more of the minimum training standards required by 12 NCAC 09B .0200 or 12 NCAC 09B .0400 for the category of the officer's certification;

(3)           has committed or been convicted of:

(A)          a criminal offense or unlawful act defined in 12 NCAC 09A .0103 as a Class B misdemeanor; or

(B)          four or more criminal offenses or unlawful acts defined in 12 NCAC 09A .0103 as a Class A misdemeanor, each of which occurred after the date of initial certification;

(4)           has been discharged by a criminal justice agency for commission or conviction of:

(A)          a motor vehicle offense requiring the revocation of the officer's driver's license; or

(B)          any other offense involving moral turpitude;

(5)           has been discharged by a criminal justice agency because the officer lacks the mental or physical capabilities to properly fulfill the responsibilities of a criminal justice officer;

(6)           has knowingly made a material misrepresentation of any information required for certification or accreditation;

(7)           has knowingly and willfully, by any means of false pretense, deception, defraudation, misrepresentation or cheating whatsoever, obtained or attempted to obtain credit, training or certification from the Commission;

(8)           has knowingly and willfully, by any means of false pretense, deception, defraudation, misrepresentation or cheating whatsoever, aided another person in obtaining or attempting to obtain credit, training or certification from the Commission;

(9)           has failed to make either of the notifications as required by 12 NCAC 09B .0101(8);

(10)         has been removed from office by decree of the Superior Court in accord with the provisions of G.S. 128‑16 or has been removed from office by sentence of the court in accord with the provisions of G.S. 14-230;

(11)         fails to satisfactorily complete the minimum in‑service training requirements as prescribed in 12 NCAC 09E;

(12)         has refused to submit to an applicant or lateral transferee drug screen as required by the rules in this Chapter, or has refused to submit to an in-service drug screen pursuant to the guidelines set forth in the Drug Screening Implementation Guide as required by the agency through which the officer is certified;

(13)         has produced a positive result on a drug screen reported to the Commission as specified in 12 NCAC 09C .0310, where the positive result cannot be explained to the Commission's satisfaction;

(14)         has been denied certification or had certification suspended or revoked by the North Carolina Sheriffs' Education and Training Standards Commission, the North Carolina Criminal Justice Education and Training Standards Commission; the North Carolina Company/Campus Police Program; or a similar North Carolina, out of state or federal approving, certifying or licensing agency;

(15)         has performed activities or duties for which certification by the Commission is required without having first obtained the appropriate certification; or

(16)         has been convicted of any offense proscribed by 18 USC 922(g)(8) that would prohibit possession of a firearm or ammunition.

(c)  Following suspension, revocation, or denial of the person's certification, the person may not remain employed or appointed as a criminal justice officer and the person may not exercise any authority of a criminal justice officer during a period for which the person's certification is suspended, revoked, or denied.

History Note:        Authority G.S. 17C‑6; 17C‑10;

Eff. January 1, 1981;

Amended Eff. April 1, 2009; February 1, 2006; August 1, 2001; August 1, 1995; November 1, 1993; March 1, 1992; July 1, 1990;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.