12 NCAC 10B .0912          PERIOD/SUSPENSION: REVOCATION: OR DENIAL OF DETENTION OFFICER INSTRUCTOR CERTIFICATION

The period of suspension, revocation or denial of the certification of an instructor pursuant to 12 NCAC 10B .0911 shall be:

(1)           no more than one year where the cause of sanction is:

(a)           failure to deliver training in a manner consistent with the instructor lesson plans; or

(b)           failure to follow specific guidelines outlined in the "Detention Officer Certification Course Management Guide" which is hereby incorporated by reference and shall automatically include any later amendments and editions of the referenced materials. This publication is authored by and may be obtained from the North Carolina Justice Academy, Post Office Drawer 99, Salemburg, North Carolina 28385 at no cost at the time of adoption of this Rule; or

(c)           unprofessional personal conduct as defined in 12 NCAC 10B .0103(21) or demonstration of instructional incompetence in the delivery of the Detention Officer Certification Course.

(2)           no more than five years where the sanction is knowingly and willfully obtaining or attempting to falsify data, records, scores, grades, or any other student course materials or obtain or maintain instructor certification by deceit, fraud, or misrepresentation.

(3)           for an indefinite period, but continuing so long as the stated deficiency, infraction, or impairment continues to exist, where the cause of sanction is:

(a)           failure to meet and maintain any of the requirements for qualification; or

(b)           failure to remain knowledgeable in the person's areas of expertise.

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

Eff. January 1, 1993;

Amended Eff. February 1, 2009; January 1, 1996;

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