12 NCAC 10B .0403          PROBATIONARY CERTIFICATION REQUIREMENT (effective until june 30, 2024)

(a)  For certification as a justice officer, a Report of Appointment (Form F-4T) must be submitted to the Division. Report of Appointment forms must be submitted to the Division by the sheriff's office no later than 10 days after the deputy sheriff has taken the Oath of Office, or the detention officer or the telecommunicator has been appointed. The Division shall forward the justice officer's certification to the appointing agency.

(b)  No deputy sheriff or detention officer probationary certification shall be issued by the Division prior to the applicant meeting the conditions set forth in this Paragraph. As an additional requirement for probationary certification, the applicant shall meet the following requirements:

(1)           If the applicant for probationary certification is authorized to carry a firearm pursuant to the provisions of 12 NCAC 10B .2104, the employing agency shall submit evidence of satisfactory completion of the employing agency's in‑service firearms training and requalification program pursuant to 12 NCAC 10B .2000 and .2100; or

(2)           If the applicant for probationary certification is not authorized to carry a firearm pursuant to the provisions of 12 NCAC 10B .2104, the employing agency shall notify the Division, in writing, that the applicant is not authorized to carry a firearm.

History Note:        Authority G.S. 17E‑4; 17E‑7;

Eff. January 1, 1989;

Amended Eff. February 1, 1998, January 1, 1996; January 1, 1994; January 1, 1991;

Temporary Amendment Eff. March 1, 1998;

Amended Eff. August 1, 1998;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018.

12 NCAC 10B .0403          PROBATIONARY CERTIFICATION REQUIREMENT (effective july 1, 2024)

(a)  For certification as a deputy sheriff, the applicant must successfully complete Basic Law Enforcement Training as described in 12 NCAC 10B .0502 and 12 NCAC 09B .0205, and a Report of Appointment (Form F-4) must be submitted to the Division.

(b)  For certification as a detention officer, a Report of Appointment (Form F-4) must be submitted to the Division.

(c)  For certification as a telecommunication officer, a Report of Appointment (Form F-4T) must be submitted to the Division.

(d)  Report of Appointment forms must be submitted to the Division by the employing agency no later than 10 days after the deputy sheriff has taken the Oath of Office, or the detention officer or the telecommunicator has been appointed.

(e)  The Division shall forward the justice officer's certification to the appointing agency.

(f)  No deputy sheriff or detention officer probationary certification shall be issued by the Division prior to the applicant meeting the conditions set forth in this Paragraph. As an additional requirement for probationary certification, the applicant shall meet the following requirements:

(1)           If the applicant for probationary certification is authorized to carry a firearm pursuant to the provisions of 12 NCAC 10B .2104, the employing agency shall submit evidence of satisfactory completion of the employing agency's in‑service firearms training and requalification program pursuant to 12 NCAC 10B .2000 and .2100; or

(2)           If the applicant for probationary certification is not authorized to carry a firearm pursuant to the provisions of 12 NCAC 10B .2104, the employing agency shall notify the Division, in writing, that the applicant is not authorized to carry a firearm.

History Note:        Authority G.S. 17E‑4; 17E‑7;

Eff. January 1, 1989;

Amended Eff. February 1, 1998, January 1, 1996; January 1, 1994; January 1, 1991;

Temporary Amendment Eff. March 1, 1998;

Amended Eff. August 1, 1998;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018;

Amended Eff. July 1, 2024.