12 NCAC 09A .0206. SUMMARY SUSPENSIONS

(a)  The Commission, by and through the Probable Cause Committee, may summarily suspend the certification of a criminal justice officer or instructor before the commencement of proceedings for suspension or revocation of the certification when, in the opinion of the Probable Cause Committee, the public health, safety, or welfare requires this emergency action of summary suspension.  The Commission has determined that the following conditions specifically affect the public health, safety, or welfare and therefore it, by and through the Probable Cause Committee, may utilize summary suspension when:

(1)           the person has committed or been convicted of a violation of the criminal code that would require a permanent revocation or denial of certification; or

(2)           the certified officer fails to satisfactorily complete the in‑service training requirements as prescribed in 12 NCAC 09E.

(3)           The certified officer has produced a positive result on a urinalysis test, conducted in accordance with 09B .0101(5).

(b)  For the purpose of considering a summary suspension of certification, the Probable Cause Committee may meet upon notice given by mail, telephone, or other means not less than 48 hours in advance of the meeting.

(c)  A summary suspension is effective on the date specified in the order of summary suspension or on service of the certified copy of the order at the last known address of the person, whichever is later. The summary suspension remains effective during the proceedings.

(d)  The director, upon receipt of information showing the existence of a basis provided for in Subparagraph (a)(1), (2), or (3) of this Rule, shall coordinate the meeting described in Paragraph (b) of this Rule. Any affected person shall be notified, if feasible, that the person may submit any matters to the Probable Cause Committee for its consideration before the Committee acts on the summary suspension issue. Under no circumstance shall the person be allowed more than 48 hours to submit information to the Probable Cause Committee.

(e)  Upon verbal notification by the Director that the certification of an officer or instructor is being summarily suspended by written order, the Department head of the criminal justice agency or the executive officer of the institution shall take such steps as are necessary to ensure that the officer or instructor does not perform duties requiring certification by the Commission.

 

History Note:        Authority G.S. 17C‑6; 17C‑10; 150B‑3;

Eff. January 1, 1981;

Amended Eff. December 1, 2007; March 1, 2004; July 1, 1990; July 1, 1989; October 1, 1985; August 15, 1981.