STATE OF NORTH CAROLINA IN THE OFFICE OF

ADMINISTRATIVE HEARINGS

COUNTY OF GRANVILLE 07 DOJ 1675

MEREDITH HULBERT RICHARDS JR.
Petitioner
vs.
N. C. SHERIFFS' EDUCATION AND
TRAINING STANDARDS COMMISSION
Respondent / )
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) / ORDER GRANTING
SUMMARY JUDGMENT

Upon consideration of Respondent’s Motion for Summary Judgment filed on October 25, 2007, and Petitioner’s response thereto, and for good cause shown, the undersigned hereby GRANTS Respondent’s Motion as follows:

FINDINGS OF FACT

1. The North Carolina Sheriffs’ Education and Training Standards Commission has the authority granted under Chapter 17E of the North Carolina General Statutes and Title 12 of the North Carolina Administrative Code, Chapter 10B, to certify justice officers and to deny, suspend, or revoke such certification.

2. The Petitioner applied for certification as a detention officer through the Wake County Sheriff’s Office. He was appointed as a detention officer on or about November 1, 2006.

3. On or about January 22, 2007, Petitioner committed the misdemeanor offense of Assault on a Female (2007 CRD 050209, Granville County, North Carolina), in violation of N.C.G.S. §14-33(c)(2), and was found guilty of this offense on or about April 11, 2007 by District Court Judge J. Henry Banks in Granville County District Court.

4. On September 12, and October 11, 2007 respectively, Petitioner was sent Notification, and an Amended Notification of Probable Cause to Deny Justice Officer Certification letter from the Respondent based on Petitioner’s conviction of the “Class B misdemeanor” offense of Assault on a Female.


CONCLUSIONS OF LAW

1. The parties are properly before the Office of Administrative Hearings and the Office of Administrative Hearings has subject matter and personal jurisdiction in this matter.

2. Pursuant to 12 NCAC 10B .0204(d)(1), the Commission may revoke, suspend, or deny the certification of a justice officer when the Commission finds that the applicant for certification or the certified officer has committed or been convicted of:

(1) a crime or unlawful act defined in 12 NCAC 10B .0103(10)(b) as a Class B misdemeanor which has occurred after the date of initial certification.

3. 12 NCAC 10B .0103(10)(b), provides, in pertinent part,

Class B misdemeanor means an act committed or omitted in violation of any common law, criminal statute, or criminal traffic code of this state, which is classified as a Class B misdemeanor as set forth in the “Class B Misdemeanor Manual,” as published by the North Carolina Department of Justice.

4. The Class B Misdemeanor Manual includes a conviction for Assault on a Female, in violation of N.C.G.S. §14-33(c)(2).

5. Pursuant to 12 NCAC 10B .0103(2), “convicted” or “conviction” means and includes, for purposes of this Chapter, the entry of: (A) a plea of guilty; or (B) a verdict or finding of guilt by a jury, judge, magistrate, or other duly constituted, established, and recognized adjudicating body, tribunal, or official, either civilian or military; or (C) a plea of no contest, nolo contendere, or the equivalent.

6. Pursuant to 12 NCAC 10B. 0205(2)(a), when the Commission suspends, revokes or denies the certification of a justice officer, the period of sanction shall be for not less than five (5) years.

7. Based on Petitioner’s conviction of the “Class B misdemeanor” offense of Assault on a Female, there are no litigable issues for the Administrative Law Judge to decide regarding the Petitioner’s conviction for the crime or the sanctions which must be imposed by the Respondent pursuant to its rules.

PROPOSAL FOR DECISION

Based on the foregoing Findings of Fact and Conclusions of Law, the undersigned hereby proposes that Respondent’s Motion for Summary Judgment be granted and further proposes that this hearing petition be dismissed and Respondent deny Petitioner’s detention officer certification for a period of not less than five (5) years.

NOTICE AND ORDER

The N.C. Sheriffs’ Education and Training Standards Commission will make the Final Agency Decision in this contested case. That agency is required to give each party an opportunity to file exceptions to this proposal for decision, to submit proposed Findings of Fact, and to present oral and written arguments to the agency pursuant to N.C. Gen. Stat. § 150B-40(e). In accordance with N.C. Gen. Stat. § 150B-36(b), that agency shall also serve a copy of the Final Decision on the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, North Carolina, 27699-6714.

This the 27th day of November, 2007.

______

Melissa Owens Lassiter

Administrative Law Judge

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