SUBCHAPTER 3B - STATE BUREAU OF INVESTIGATION SECTION ORGANIZATION AND GENERAL PROVISIONS

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1 SUBCHAPTER 3B - STATE BUREAU OF INVESTIGATION SECTION ORGANIZATION AND GENERAL PROVISIONS 12 NCAC 03B.0101 PURPOSE The State Bureau of Investigation, hereinafter S.B.I., is established within the N.C. Department of Justice for the purpose of serving a more effective administration of the criminal laws of the State, to prevent crime, and to procure the speedy apprehension of criminals. Authority G.S ; 143A-51; 12 NCAC 03B.0102 LOCATION (a) The SBI Administrative Offices and the SBI Crime Laboratory are located at 3320 Old Garner Road, Raleigh, NC. Scheduled office hours are 8:00 am to 5:00 pm, Monday thru Friday. Telephone (919) Switchboard is open 24 hours daily. (b) There are eight regional offices located within the State which are responsible for providing investigative assistance within the regions. Scheduled office hours are 8:00 am - 5:00 pm, Monday thru Friday. (1) Capital District: (A) 422 N. Blount Street, Raleigh, NC, Telephone (919) ; (B) Serving: Chatham, Durham, Franklin, Granville, Orange, Person, Vance, Wake, and Warren Counties. (2) Coastal District: (A) 445 J, Western Boulevard, Jacksonville, NC, Telephone (919) ; (B) Serving: Brunswick, Carteret, Columbus, Craven, Duplin, Jones, New Hanover, Onslow, Pamlico, and Pender Counties. (3) Northeastern District: (3) Northeastern District: (A) 215 Commerce Street, Greenville, NC, Telephone (919) ; (B) Serving: Beaufort, Bertie, Camden, Chowan, Currituck, Dare, Edgecombe, Gates, Greene, Halifax, Hertford, Hyde, Lenoir, Martin, Nash, Northampton, Pasquotank, Perquimans, Pitt, Tyrell, Washington, Wayne, and Wilson Counties. (4) Southeastern District: (A) 1830 D., Owen Drive, Fayetteville, NC, Telephone (919) ; (B) Serving: Bladen, Cumberland, Harnett, Hoke, Johnston, Lee, Moore, Richmond, Robeson, Sampson, and Scotland Counties. (5) Northern Piedmont District: (A) 321 Swing Road, Greensboro, NC, Telephone (919) ; (B) Serving: Alamance, Caswell, Davidson, Forsyth, Guilford, Montgomery, Randolph, Rockingham, and Stokes Counties. (6) Southern Piedmont District: (A) 811 Centergrove Road, Kannapolis, NC, Telephone (704) ; (B) Serving: Anson, Cabarrus, Cleveland, Gaston, Lincoln, Mecklenburg, Rowan, Stanly, and Union Counties. (7) Northwestern District: (A) Highway 127 South, Box 682, Hickory, NC Telephone (704) ; (B) Serving: Alexander, Alleghany, Ashe, Avery, Burke, Caldwell, Catawba, Davie, Iredell, Surry, Watauga, Wilkes, and Yadkin Counties. (8) Western District: (A) 530 Hendersonville Road, Asheville, NC, Telephone (704) ; (B) Serving: Buncombe, Cherokee, Clay, Graham, Haywood, Henderson, Jackson, Macon, Madison, McDowell, Mitchell, Polk, Rutherford, Swain, Transylvania, and Yancey Counties.

2 (c) A satellite of the Crime Laboratory, hereinafter Western Lab, is located on the Old Bee Road, Swannanoa, North Carolina. Scheduled hours are 8:00 am to 5:00 pm, Monday through Friday. Telephone (704) (1) The laboratory is primarily equiped and staffed to provide forensic assistance in drug analysis and latent fingerprint examinations. (2) Serving: Ashe, Avery, Buncombe, Burke, Caldwell, Catawba, Cherokee, Clay, Cleveland, Gaston, Graham, Haywood, Henderson, Jackson, Lincoln, McDowell, Macon, Madison, Mitchell, Polk, Rutherford, Swain, Transylvania, Watauga, and Yancey Counties. Authority G.S ; 12 NCAC 03B.0103 DIRECTOR The SBI Director is appointed by the Attorney General and is the Chief Officer of the SBI. He serves at will of the Attorney General. The responsibilities, powers and duties of the Director are to direct, administer and represent the SBI. Authority G.S ; 12 NCAC 03B.0104 INVESTIGATIVE AUTHORITY (a) The SBI may conduct investigations on its own initiative in matters pertaining to: (1) Attempted arson of, or arson of, damage of, theft from, or theft of, or misuse of, any state-owned personal property, buildings, or other real property; and (2) Assaults upon or threats against any legislative officer named in G.S (1), (2), or (3), or any executive officer named in G.S (c); and (3) Cause, origin, and circumstances of fires occurring within the State; and (4) Violations of the Controlled Substance Act. (b) When authorized by the Governor and/or the Attorney General, the SBI gives assistance to sheriffs, police officers, district attorneys, and judges when called upon by: (1) The Department of Corrections in the Investigation of cases pending before the parole office and of complaints lodged against parolees when requested by the Department of Corrections; and (2) Elections Boards in the investigation of cases arising from frauds in connection with elections when requested to do so by the Board of Elections. (c) Upon request by the Governor and/or the Attorney General, the SBI shall investigate any lynchings or mob violence in the State; cases of frauds arising under the Social Security Laws of the State; violations of gambling laws; and any other crime that the Governor or Attorney General might suspect. (d) The SBI shall have charge of the investigation of crimes and criminal procedure as the Governor or Attorney General may direct. Authority G.S ; ; ; 69-1; ; 143A-52; SECTION EMPLOYMENT 12 NCAC 03B.0201 OPPORTUNITY FOR EMPLOYMENT The SBI is an equal opportunity employer. Authority 28 C.F.R. Part 20;

3 12 NCAC 03B.0202 REQUIREMENTS Authority G.S ; 150A-12; 12 NCAC 03B.0203 APPLICATIONS Authority G.S ; 150A-12; SECTION CRIMINAL RECORDS 12 NCAC 03B.0301 RIGHT TO REVIEW Authority G.S ; 28 C.F.R. Part 20; 12 NCAC 03B.0302 REQUEST FOR REVIEW The State Bureau of Investigation provides a form for use by individuals who wish to request review of their records. The form is an affidavit which requests information concerning certain identifiers, an unequivocal statement of request to review the record, an affirmation by the individual that his fingerprints have been taken for purposes of comparison and that the fingerprints so provided were destroyed upon completion of review, and spaces for recording any exceptions to the accuracy or completeness of the record. The form is filled out in duplicate and signed by the individual upon the completion of the review. One copy is provided to the individual and one retained by the State Bureau of Investigation. Authority G.S ; ; ; ; 28 C.F.R. Part 20; SECTION RECORDS 12 NCAC 03B.0401 PUBLIC ACCESS Records and evidence, regardless of form, collected or complied by the director or his assistants are not public records and will not be made available to the public unless ordered by a court of competent jurisdiction. Authority G.S ;

4 12 NCAC 03B.0402 CUSTODIAN OF RECORDS The official custodian of records and evidence collected and/or complied by the S.B.I. shall be the director. Authority G.S ; SECTION FEES 12 NCAC 03B.0501 WITNESS FEE (a) Anytime that an employee of the SBI is required to provide testimony on behalf of a party to a civil action to which neither the State of North Carolina nor the United States is a plaintiff or defendant, and such testimony relates to official SBI duties or assignments, the party requiring the service shall reimburse the SBI for the employee's time and related expenses. (b) The fee for the employee's time is twenty-five dollars ($25.00) per hour for the period of time during which the employee would otherwise be performing normal SBI duties and assignments. (c) Meals and lodging, if required, will be reimbursed to the State at the same rate and under the same circumstances the employee would be entitled while performing official State business. Mileage will be reimbursed at the rate of nineteen cents ($0.19) per mile round-trip from the employee's duty station. All other expenses will be reimbursed at the rate of actual cost. (d) All fees are payable to North Carolina State Bureau of Investigation. Authority G.S ; ; 12 NCAC 03B.0502 FEES FOR BACKGROUND INVESTIGATIONS (a) The SBI charges a fee for performing certain background investigations considered to be for any purpose other than the administration of criminal justice. "Administration of criminal justice" means the performance of any of the following activities: the detection, apprehension, detention, pre-trial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of persons suspected of, accused of or convicted of a criminal offense. The term also includes screening for suitability for employment, appointment or retention of a person as a Law Enforcement or Criminal Justice officer, or as an Officer of the Court. (b) The North Carolina Attorney General's Office shall be responsible for determining what persons or agencies are entitled, by law, to receive criminal history record information from the SBI Identification Section and render this determination prior to the Identification Section accepting authorized non-criminal justice persons or agencies under the fee service program. (c) When a person or agency receives authorization to utilize the services of the Identification Section, said person or agency shall enter into a "Criminal History Record Information User's Agreement" with the Director and the Supervisor of the Identification Section. (d) The cost for processing a non-criminal justice background investigation is eight dollars and twenty-five cents ($8.25) per each individual investigated. This figure represents the estimated cost of locating, editing, researching and retrieving information. (e) Fees are payable to the North Carolina State Bureau of Investigation. (f) Each request from an authorized person or agency of a non-criminal justice purpose shall be in the form of a completely filled out fingerprint card or cards, which includes a full set of legible, classifiable fingerprints of the record subject or in the form of a photostatic copy of applicant's application revealing applicant's name, sex, date of birth and any other available data. (g) Criminal History Record Information located and disseminated to the requesting person or agency will consist of and be limited to arrest data which includes a final disposition to the arrest. Additionally, arrest data without a disposition will be disseminated if an interval of one year, from the date of the arrest, has not elapsed which would lead officials of the Identification Section to reasonably believe that the arrest in question is still in the judicial process. (h) The recipient may use the criminal history information for the purposes set forth in the user's agreement. Any other use of the criminal history is strictly prohibited. When, at any time, the Director of the State Bureau of Investigation or his assistants

5 has any reason to believe that the recipient has violated any provision of the user's agreement, any rule, regulation or policy, he shall immediately cease to furnish information. Authority G.S ; SECTION RULEMAKING AND ADMINISTRATIVE HEARING PROCEDURES 12 NCAC 03B.0601 MODEL RULES The Model Administrative Procedures for Rulemaking and Hearings, codified as Title 22, Subchapters 2B and 2C of the N.C. Administrative Code, effective September 29, 1980, are hereby adopted by reference to apply to actions of the State Bureau of Investigation. Authority G.S ; 12 NCAC 03B.0602 DEFINITIONS (a) The definitions contained in 22 NCAC 2A.0005 are adopted by reference and shall apply to the State Bureau of Investigation with the following modifications: (1) "Agency" means the State Bureau of Investigation; (2) "Agency Address" means: State Bureau of Investigation Post Office Box Raleigh, NC ; and (3) "Agency Head" means the Director of the SBI. (b) Copies of 22 NCAC, Subchapters 2B and 2C, and 22 NCAC 2A.0005 may be inspected at the agency address and may be obtained from the Administrative Procedures Section of the Attorney General's Office, Raleigh, North Carolina. Authority G.S ;