North Carolina § 17E-15 - Compliance; enforcement.

§ 17E-15. Compliance; enforcement.

Any justice officer who the Commission determines does not comply with this Chapter or any rules adopted under this Chapter shall not exercise the powers of a justice officer and shall not exercise the power of arrest unless the Commission waives that certification or deficiency. The Commission shall enforce this section by the entry of appropriate orders effective upon service on either the department or the justice officer. Any person who desires to appeal the proposed denial, suspension, or revocation of any certification authorized to be issued by the Commission shall file a written appeal with the Commission not later than 30 days following notice of denial, suspension, or revocation. The Commission may appear in its own name and apply to courts having jurisdiction for injunctions to prevent violations of this Chapter or of rules issued pursuant thereto; specifically, the performance of justice officer functions by officers or individuals who are not in compliance with the standards and requirements of this Chapter or of rules issued pursuant thereto. A single act of performance of a justice officer function by an officer or individual who is performing such function in violation of this Chapter is sufficient, if shown, to invoke the injunctive relief of this section. History (1983, c. 558, s. 1; 1995, c. 103, s. 9; 2001-490, s. 1.4; 2021-107, s. 3(b).) Editor's Note. - This section is former G.S. 17E-9. It was recodified in Article 2 of Chapter 17E by Session Laws 2021-107, s. 3(b), effective October 1, 2021, and applicable to elections and appointments to the office of sheriff on or after that date, and was renumbered as this section at the direction of the Revisor of Statutes.