12 NCAC 02I .0211            SUSPENSION, REVOCATION OR DENIAL OF AGENCY CERTIFICATION

(a)  A company police agency certification may be suspended, revoked or denied upon a finding that the agency has:

(1)           failed to pay any required fees;

(2)           failed to produce or maintain a copy of a liability insurance policy or a certificate of self insurance;

(3)           failed to meet any of the requirements for certification provided in 12 NCAC 02I .0203;

(4)           failed to provide any of the required documentation pursuant to 12 NCAC 02I .0203;

(5)           failed to allow for the reasonable inspection of the Company Police agency records pursuant to G.S. 74E-4(3);

(6)           failed to ensure compliance by the agency's company police officers of any and all in-service training requirements as specified by 12 NCAC 09E .0100;

(7)           failed to submit the required in-service training compliance reports as required by 12 NCAC 09E .0100;

(8)           failed to submit any and all reports, notification or other information required by the rules in this Subchapter;

(9)           knowingly made a material misrepresentation of any information required for certification or commissioning from the Company Police Administrator or the North Carolina Criminal Justice Education and Training Standards Commission or the North Carolina Sheriff's Education and Training Standards Commission;

(10)         knowingly and willfully by any means of false pretense, deception, defraudation, misrepresentation or cheating whatsoever, obtained or attempted to obtain credit, training, certification or commissioning from the Company Police Administrator, the North Carolina Criminal Justice Education and Training Standards Commission or the North Carolina Sheriff's Education and Training Standards Commission;

(11)         aided another in obtaining or attempting to obtain credit, training, or certification from the Company Police Administrator, the North Carolina Criminal Justice Education and Training Standards Commission or the North Carolina Sheriff's Education and Training Standards Commission by means of deceit, fraud or misrepresentation or cheating;

(12)         failed to ensure that any employee not commissioned as a company police officer is not violating a prohibition set forth in 12 NCAC 02I .0304; or

(13)         fails to maintain at least one employee who is commissioned, pursuant to 12 NCAC 02I .0203(b), and to maintain at least one contract for services.

(b)  An agency whose certification has been suspended, revoked, or denied may appeal the action in accordance with the provisions of G.S. 150B.

 

History Note:        Authority G.S. 74E-4;

Eff. August 2, 1993;

Amended Eff. January 1, 2008;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.