SECTION .0200 - ASSIGNMENT OF STATE OFFICERS

14B NCAC 01C .0201      CRITERIA FOR ASSIGNMENT OF STATE OFFICERS

(a)  Upon receipt of the written request for assistance or upon notification by the highway patrol of such receipt, the secretary, in his discretion and in consultation with state law enforcement officials, may temporarily assign state law enforcement officers with state‑wide authority to provide local law enforcement protection.  The secretary in his discretion shall determine the state law enforcement agency or agencies who should assign state officers, the number of state officers assigned and the length of time of the assignment.

(b)  The secretary shall always consider the health, safety and welfare of the population in the affected area when determining the number and duration of the assignment.  The secretary may consider any of the following factors in determining the needs of the local population:

(1)           number of local law enforcement officers who refused to perform their duties or submitted mass resignations;

(2)           the apparent need for assistance;

(3)           the length of time the officers are likely to continue their present conduct;

(4)           the crime rate in the area;

(5)           the availability of other local law enforcement resources;

(6)           the availability of state law enforcement resources;

(7)           the type of law enforcement work engaged in by the local law enforcement officer;

(8)           the steps being taken by the local governing body to arrive at a solution to the problem;

(9)           any other factor which the secretary considers relevant to this determination.

History Note:        Authority G.S. 160A-288.1; 153A-212;

Eff. December 1, 1979;

Transferred from 14A NCAC 01C .0201 Eff. June 1, 2013;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 3, 2017.