12 NCAC 09B .0406          COMPREHENSIVE WRITTEN EXAMINATION ‑ BASIC LAW ENFORCEMENT TRAINING

(a)  Within 60 days of the conclusion of a school's offering of the Basic Law Enforcement Training Course, the Commission shall administer a comprehensive written examination to each trainee who has completed all of the required course work pursuant to Rule .0405 of this Section. A trainee shall not be administered the comprehensive written examination until such time as all of the course work is completed or he or she is granted a medical waiver by the Director of the Criminal Justice Standards Division in accordance with Paragraph (f) of this Rule.

(b)  The examination shall be comprised of six units as specified in 12 NCAC 09B .0205(b).

(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 trainee examined.

(d)  A trainee shall achieve a passing score on the comprehensive written examination upon answering a minimum of 70 percent of the questions correctly on each of the six units as prescribed in Paragraph (b) of this Rule.

(e)  A trainee who has participated in a scheduled delivery of an accredited training course and has achieved a passing score in each motor‑skill or performance area of the course curriculum but has failed to achieve the minimum score of 70 percent on no more than two units of the Commission's comprehensive written examination may request the Director of the Standards Division to authorize a re‑examination of the trainee in only those units for which he or she failed to make a passing score of 70 percent:

(1)           The trainee's request for re‑examination shall be made in writing on the Commission's Re-Examination Request form and shall be received by the Standards Division within 30 days of the examination. The Re-examination Request form is located on the agency's website:

                http://ncdoj.gov/getdoc/dcb72ee9-fa01-4664-a7a0-ef33ac0941ee/Exam-Admission-Form_F-23_4-19-17.aspx. The examination request form shall include the following information:

(A)          first-time examination training type;

(B)          trainee information; and

(C)          school information and appropriate signatures.

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

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

(4)           The trainee shall be assigned in writing by the Director of the Standards Division a place, time, and date for re‑examination.

(5)           Should the trainee on re‑examination not achieve a minimum score of 70 percent on the examination, the trainee shall not be eligible for probationary certification, as prescribed in 12 NCAC 09C .0303(d). The trainee shall enroll and complete a subsequent offering of the Basic Law Enforcement Training Course before further examination is permitted.

(f)  A trainee who sustains injury prior to the final POPAT attempt and who achieved a passing score on the last attempt, who has completed the required coursework with the exception of the final POPAT, may request from the Director of the Criminal Justice Standards Division a medical waiver to take the comprehensive written examination prior to completion of the final POPAT. The medical waiver request shall include the following information:

(1)           a memorandum from the School Director justifying a medical wavier;

(2)           copies of the last POPAT assessment; and

(3)           medical documentation from a surgeon, physician, physician assistant, or nurse practitioner showing the diagnosis of the injury and the estimated medical release date.

Upon receipt of the information contained in this Paragraph, the Director of the Criminal Justice Standards Division shall approve the medical waiver request. The School Director shall submit the medical waiver approval from the Director of the Criminal Justice Standards Division with the comprehensive examination admission form. The trainee must complete the final POPAT attempt within 120 calendar days of the original state written examination date.

(g)  A trainee who fails to achieve a passing score of 70 percent on three or more of the units as as set forth in Rule .0205(b) of this Subchapter shall not be given the opportunity for re-examination on those units; and shall enroll in and complete a subsequent offering of the Basic Law Enforcement Training Course before further examination is permitted.

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

Eff. January 1, 1981;

Amended Eff. July 1, 2018; January 1, 2015; August 1, 2000; July 1, 1989; July 1, 1985; January 1, 1983;

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