12 NCAC 10B .0802          CERTIFICATION: DELIVERY/DETENTION OFFICER CERTIFICATION COURSE

(a)  An institution or agency must be certified to deliver a Detention Officer Certification Course.

(b)  In order to obtain certification, an institution or agency shall meet or exceed the following minimum standards for overall course delivery:

(1)           the institution or agency shall conduct a minimum of one Detention Officer Certification Course each calendar year;

(2)           the executive officer shall comply with the requirements of 12 NCAC 10B .0703; and

(3)           the executive officer shall comply with the additional certification requirements as specified in the "Detention Officer Certification Course Management Guide".

(c)  An institution or agency meeting the requirements of 12 NCAC 10B .0802(b) may submit a "Request for Certification" (Form F-7) to the Division. Upon receipt of the request, the Division staff shall:

(1)           review the application for completeness;

(2)           contact the institution or agency executive officer or designated school director to schedule an on-site visit and tour of the proposed training facilities;

(3)           during the on-site visit note any deficiencies and attempt to provide assistance and recommendations in correcting those deficiencies; and

(4)           notify the applying institution or agency, in writing, of the approval or denial of the certification request.

(d)  In cases where the deficiencies prohibit the immediate certification of the institution or agency, the application shall be placed in a pending status:

(1)           applications may remain in a pending status for no more than 30 days from the date of notification of any deficiencies; and

(2)           within or following the 30 day period, the Division shall:

(A)          issue certification; or

(B)          notify the institution or agency, in writing, that it must re-apply for certification.

(e)  Any existing commission-issued certifications issued and valid on July 31, 1998 shall be automatically extended with an expiration date of December 31, 1999 at which time the previously issued certification shall be terminated.

(f)  All new applicants for certification shall meet the requirements of this Section after August 1, 1998.

(g)  The certified institution or agency shall be subject to unannounced on-site certification audits to ensure compliance with the rules in this Section

(h)  Following an on-site certification audit, the Division staff shall:

(1)           notify the institution or agency of the results of the audit; and

(2)           recommend to the Commission's Probable Cause Committee any action pursuant to 12 NCAC 10B .0802(j).

(i)  School certification shall remain effective until surrendered, suspended, or revoked.

(j)  The Commission may suspend or revoke the certification of a school when it finds that the school has failed to meet or to continuously maintain any requirement, standard or procedure for school certification or course delivery as required by Section .0700 of this Subchapter.

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

Eff. January 1, 1989;

Amended Eff. January 1, 2005; August 1, 1998; January 1, 1996; January 1, 1990;

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