§ 17C-11. Compliance; enforcement.
§ 17C‑11. Compliance;enforcement.
(a) Any criminaljustice officer who the Commission determines does not comply with this Chapteror any rules adopted under this Chapter shall not exercise the powers of acriminal justice officer and shall not exercise the power of arrest unless theCommission waives that certification or deficiency. The Commission shallenforce this section by the entry of appropriate orders effective upon serviceon either the criminal justice agency or the criminal justice officer.
(a1) Any criminal justicetraining school, program, or course of instruction that the Commissiondetermines does not comply with this Chapter, or any rules adopted under thisChapter, shall not continue to offer programs or courses of instruction unlessthe Commission waives that certification or deficiency. Any criminal justiceinstructor, school director, commission certified operator, and any commissioncertified instructor, who the Commission determines does not comply with thisChapter, or any rules adopted under this Chapter, shall not act as aninstructor, school director, or operator unless the Commission waives thatcertification or deficiency. The Commission shall enforce this section by theentry of appropriate orders effective upon service on the criminal justicetraining school or the individual holding commission certification.
(b) Any person whodesires to appeal the proposed denial, suspension, or revocation of anycertification authorized to be issued by the Commission shall file a writtenappeal with the Commission not later than 30 days following notice of denial,suspension, or revocation.
(c) The Commission mayappear in its own name and apply to courts having jurisdiction for injunctionsto prevent violations of this Chapter or of rules issued pursuant thereto;specifically, the performance of criminal justice officer functions by officersor individuals who are not in compliance with the standards and requirements ofG.S. 17C‑6(a) and G.S. 17C‑10. A single act of performance of acriminal justice officer function by an officer or individual who is performingsuch function in violation of this Chapter is sufficient, if shown, to invokethe injunctive relief of this section. (1979, c. 763, s. 1; 1989, c. 757, s. 7; 2001‑490,s. 1.3; 2009‑546, s. 3.)