12 N.C. Admin. Code 9C.0306

Current through Register Vol. 39, No. 8, October 15, 2024

Section 09C .0306 - LATERAL TRANSFER OF LAW ENFORCEMENT OFFICERS

(a) A law enforcement officer with general certification from either the Criminal Justice Education and Training Standards Commission or the Sheriffs' Education and Training Standards Commission may transfer from one law enforcement agency to another law enforcement agency with less than a 12 month break in law enforcement service. Prior to employing the officer, the employing agency shall:

(1) verify the certification of the officer with the Criminal Justice Standards Division or the Sheriffs' Standards Division;

(2) submit a new fingerprint check to the North Carolina State Bureau of Investigation, in compliance with the requirements set forth in 12 NCAC 09B .0103(a) and (b), in the same manner as prescribed for non-certified new applicants. No certification shall be transferred if the holder has been convicted since initial certification of any offense for which revocation or suspension of certification is authorized;

(3) advise the officer that he will be serving under a probationary appointment with the agency for one year; and

(4) notify the Commission by submitting a Report of Appointment that the officer is being employed and stating the date on which employment will commence.

(b) Prior to transfer of certification, the law enforcement officer shall:

(1) complete a Medical History Statement Form within one year prior to the transfer to the employing agency;

(2) submit to examination by a surgeon, physician, physician assistant, or nurse practitioner licensed to practice medicine in North Carolina in the same manner prescribed for non-certified new applicants in 12 NCAC 09B .0104 within one year prior to the transfer to the employing agency;

(3) submit results of the physical examination to the employing agency for placement in the officer's permanent personnel file;

(4) produce a negative result on a drug screen administered according to the specifications outlined in 12 NCAC 09B .0101(5); and

(5) either:

(A) submit a copy of the Commission's annual in-service training report form to the employing agency for placement in the officer's permanent personnel file when the duty and off duty weapons remain the same as those previously used to qualify. Such in-service training compliance shall have occurred within the 12 month period preceding transfer; or

(B) satisfactorily complete the employing agency's in-service firearms training program as prescribed in 12 NCAC 09E .0105 and 09E .0106.

(c) Officers previously certified who were not previously required to meet the educational or basic training requirements shall not be required to meet such requirements when laterally transferring to another agency with less than a 12-month break in law enforcement service.

(d) For currently certified full time officers with no break in service, upon written request from the department head of the hiring agency, the Division shall waive for a period of no more than 60-days from the receipt of the Report of Appointment by the Standards Division the requirements of Subparagraphs of (b)(1), (b)(2), (b)(3), (b)(4), and (b)(5) of this Rule. The Report of Appointment Form is located on the agency's website: http://www.ncdoj.gov/getdoc/64d263a3-a598-4c45-9541-04ef088cf288/F-5A-(DJJDP)--6-11.aspx.

12 N.C. Admin. Code 09C .0306

Authority G.S. 17C-6; 17C-10;
Eff. January 1, 1981;
Amended Eff. April 1, 2018; October 1, 2017; May 1, 2009; July 1, 1990; March 1, 1990; July 1, 1989; July 1, 1982;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.

Authority G.S. 17C-6; 17C-10;
Eff. January 1, 1981;
Amended Eff. May 1, 2009; July 1, 1990; March 1, 1990; July 1, 1989; July 1, 1982.

Amended by North Carolina Register Volume 32, Issue 09, November 1, 2017 effective 10/1/2017.

Amended by North Carolina Register Volume 32, Issue 21, May 1, 2018 effective 4/1/2018.