STATE OF NORTH CAROLINA IN THE OFFICE OF
COUNTY OF WAKE 01 DOJ 0650
CHRISTINA HILLIARD DAVIS, )
v. ) PROPOSAL FOR DECISION
N.C. CRIMINAL JUSTICE )
EDUCATION AND TRAINING )
STANDARDS COMMISSION, )
On September 26, 2001, Administrative Law Judge Beecher R. Gray heard this case in
Raleigh, North Carolina. This case was heard after Respondent requested, pursuant to N.C.G.S.
§150B-40(e), designation of an Administrative Law Judge to preside at the hearing of a contested
case under Article 3A, Chapter 150B of the North Carolina General Statutes.
Petitioner: Christina Hilliard Davis
1481 Flora Avenue
Burlington, NC 27217
Respondent: Brian L. Blankenship
Assistant Attorney General
Department of Justice
Law Enforcement Liaison Section
P.O. Box 629
Raleigh, N.C. 27602-0629
FINDINGS OF FACT
1. Both parties are properly before this Administrative Law Judge, in that jurisdiction
and venue are proper, that both parties received notice of hearing, and that Petitioner received the
Proposed Suspension of Law Enforcement Officer Certification letter mailed by Respondent on
February 12, 2001.
2. The North Carolina Criminal Justice Education and Training Standards Commission
(hereafter referred to as the Commission) has the authority granted under Chapter 17C of the North
Carolina General Statutes and Title 12 of the North Carolina Administrative Code, Chapter 9, to
certify criminal justice officers and to deny, revoke or suspend such certification.
3. Petitioner successfully completed the Basic Law Enforcement Training course at
Durham Technical Community College on December 14, 1988.
4. Petitioner applied with the Company Police Program for certification as a full time
law enforcement officer with Duke University Public Safety, received by the Program on December
5. Petitioner was issued a probationary certification (PRA 246171480) by the
Commission effective December 21, 1988 and general certification (GNA 246171480) effective
December 21, 1989 to serve as a law enforcement officer with Duke University Public Safety.
6. Petitioner separated from Duke University Public Safety on December 1, 1993.
7. Petitioner applied with the Commission for certification as a reserve law enforcement
officer with Gibsonville Police Department, received by the Commission on November 7, 1994.
9. Petitioner was issued a general certification (GNA 246171480) by the Commission
effective November 22, 1994 to serve as a law enforcement officer with the Gibsonville Police
10. Pursuant to 12 NCAC 9E .0106, “[a]ll certified law enforcement officers shall be
required to qualify with their individual and department approved service handgun(s) a minimum of
once each calendar year.”
11. Any officer who fails to qualify during the annual in-service firearms training and
qualification mandated by the Commission shall have his law enforcement officer certification
suspended in accordance with 12 NCAC 9E .0107.
12. Petitioner failed to qualify with her department approved handgun through the
Gibsonville Police Department in calendar year 2000.
13. The Petitioner testified that she was aware that the Criminal Justice Education and
Training Standards Commission requires that every law enforcement officer qualify with their
handgun a minimum of once each calendar year.
14. The Petitioner testified that she was aware that her law enforcement certification
would be suspended if she did not complete the Criminal Justice Education and Training Standards
Commission mandated firearms qualification.
15. Petitioner was on doctor prescribed medical leave in October 2000.
16. Petitioner returned to full duty as a reserve officer with the Gibsonville Police
Department in November 2000.
17. Petitioner was aware in November 2000 that she had not yet qualified with her
handgun for calendar year 2000.
18. Petitioner made no effort to qualify with her weapon in November or December 2000.
19. Petitioner acknowledged that every officer is responsible for ensuring that they retain
the minimum qualifications necessary to retain law enforcement certification.
CONCLUSIONS OF LAW
1. The parties are properly before the undersigned Administrative Law Judge and
jurisdiction and venue are proper.
2. The Administrative Law Judge has the authority to make recommendations to the
Respondent as it relates to Petitioner’s law enforcement certification through the North Carolina
Education and Training Standards Commission.
3. Petitioner failed to meet the minimum requirements for in-service firearms training
and qualification as specified in 12 NCAC 09E .0106.
4. 12 NCAC 09E .0107(b) mandates that the law enforcement certification of any officer
who fails to meet the qualification requirements of section .0106 shall be suspended.
PROPOSAL FOR DECISION
Based upon the foregoing Findings of Fact and Conclusions of Law, the undersigned
recommends that the Respondent suspend Petitioner’s law enforcement certification for failure to
meet in-service firearms qualification specifications.
The agency making the final decision in this contested case 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. N.C.G.S. §150B-40(e).
The agency that will make the final decision in this contested case is the North Carolina
Criminal Justice Education and Training Standards Commission.
This the 27th day of September, 2001.
Beecher R. Gray
Administrative Law Judge