12 NCAC 10B .0503          TIME REQ/COMPLETION/BASIC LAW ENFORCEMENT TRAINING COURSE (effective until june 30, 2024)

(a)  Each deputy sheriff holding temporary or probationary certification shall complete a Commission-certified basic training course pursuant to 12 NCAC 09B .0405, within one year from the date of his or her Oath of Office. Any deputy sheriff who does not comply with this Rule or other training provisions of this Chapter shall not exercise the powers of a deputy sheriff, including the power of arrest. If, however, an officer has enrolled in a Commission-certified basic law enforcement training program that concludes later than the end of the officer's probationary period, the Commission may extend the probationary period for a period not to exceed 12 months. In determining whether to grant an extension, the Commission shall consider the circumstances that created the need for the extension.

(b)  Any person who has completed a Commission-certified basic law enforcement training program, but has not been duly appointed and certified in a sworn law enforcement position within one year of completion of the course, shall complete a subsequent Commission-certified basic recruit training program and pass the State Comprehensive Examination within the 12 month probationary period. The Director shall waive this requirement and accept a course that was completed outside of the one year time period as set forth in Paragraph (a) of this Rule unless he or she determines that a delay in applying for certification was due to negligence on the part of the applicant or employing agency. The extension of the one year period shall not exceed 30 days from the expiration date of a commission-certified basic training program.

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

Eff. January 1, 1989;

Amended Eff. January 1, 2006; January 1, 1996; January 1, 1994; January 1, 1991;

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

Amended Eff. June 1, 2019.

12 NCAC 10B .0503          TIME REQ/COMPLETION/BASIC LAW ENFORCEMENT TRAINING COURSE (effective july 1, 2024)

(a)  Each deputy sheriff shall have completed with passing scores the accredited basic training course as prescribed in 12 NCAC 09B .0205 prior to obtaining probationary certification. Any deputy sheriff who does not comply with this Rule or other training provisions of this Chapter shall not exercise the powers of a deputy sheriff, including the power of arrest.

(b)  Any applicant for certification who has completed a Commission-certified basic law enforcement training program, but has not been duly appointed and certified in a sworn law enforcement position within one year of completion of the course, shall complete a subsequent Commission-certified basic law enforcement training program and pass the State Comprehensive Examination pursuant to 12 NCAC 09B .0406 within the 12 month probationary period. The Director shall waive this requirement to complete a subsequent Commission-certified basic law enforcement training program and pass the State Comprehensive Examination and accept a basic law enforcement training program and pass the State Comprehensive Examination that was completed outside of the one year time period as set forth in this Rule unless he or she determines that a delay in applying for certification was due to negligence on the part of the applicant or employing agency. The extension of the one year period shall not exceed 30 days from the expiration date of the commission-certified basic law enforcement training program completed by the applicant.

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

Eff. January 1, 1989;

Amended Eff. January 1, 2006; January 1, 1996; January 1, 1994; January 1, 1991;

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

Amended Eff. July 1, 2024; June 1, 2019.