05 DOJ 0296

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					STATE OF NORTH CAROLINA                                      IN THE OFFICE OF
                                                         ADMINISTRATIVE HEARINGS
COUNTY OF NASH                                                  05 DOJ 0296

                                                  )
Shuntaneka Brooks                                 )
      Petitioner                                  )
                                                  )
       vs.                                        )               DECISION
                                                  )
North Carolina State Bureau of Investigation      )
       Respondent                                 )
                                                  )
                                                  )

                                      APPEARANCES

       Petitioner:           Shuntaneka Brooks, Pro Se
                             2053-6 Raleigh Road
                             Rocky Mount, NC 27803

       Respondent:           Ashby T. Ray, Assistant Attorney General
                             Attorney for Respondent
                             N.C. Department of Justice
                             9001 Mail Service Center
                             Raleigh, North Carolina 27699-9001

                                               ISSUE

       Whether the Respondent has just cause to revoke Petitioner’s DCI Network Certification?

                                     RULES AT ISSUE

                                   12 NCAC 04E .0404(a)
                                   N.C. Gen. Stat. § 14-107
                                   N.C. Gen. Stat. § 114-10
                                  N.C. Gen. Stat. § 114-10.1

                                    FINDINGS OF FACT

1.     On January 8, 2001, Respondent certified Petitioner as a Division of Criminal
Information (DCI) terminal operator with the Rocky Mount Police Department.

2.     On April 30, 2004, the Petitioner wrote a personal check to Bobby Murray Toyota for
$1,300.00 in order to obtain a 2004 Ford Taurus. (Resp. Exhibit 4)
3.     Petitioner signed a Promissory Note on or about April 30, 2004 which read, “For value
received, I Shuntaneka Brooks, promise to pay to the order of Bobby Murray Toyota, Inc. the
sum of: one thousand three hundred and 00/000. To be paid as follows: Cash check on
5/15/04.” (Resp. Exhibit 3)

4.     Because 5/15/04 was a Saturday, Lynn Alaway, the Personnel Director at Bobby Murray
Toyota waited until Monday 5/17/04 to deposit Petitioner’s check.

5.     Prior to depositing the check, Ms. Alaway attempted to contact the Petitioner by phone,
but was unable to make contact.

6.     Petitioner’s April 30, 2004 check to Bobby Murray Toyota for $1,300.00 was returned by
the bank because the account on which it was drawn had insufficient funds.

7.      On May 25, 2004, Ms. Alaway sent a letter, by certified mail/return receipt requested, to
Petitioner informing her of the returned check and asking her to render payment. (Resp. Exhibit
5)

8.     On May 27, 2004, Petitioner signed for receipt of this letter. (Resp. Exhibit 5)

9.     While Petitioner received the letter from Bobby Murray Toyota on May 27, 2004, she
never opened it because she believed it to be a solicitation from the dealership. Petitioner’s
statement concerning this matter is not credible, in light of the fact that the letter was sent and
received by certified mail/return receipt requested.

10.   Ms. Alaway did not hear from Petitioner, so she turned the matter over to the Nash
County District Attorney’s Worthless Check Program.

11.    Petitioner failed to comply with the Nash County District Attorney’s Worthless Check
Program. As a result, her case was referred to the Magistrates office. The Magistrate’s Office
issued a criminal summons for Petitioner for one count of Worthless Check, in violation of N.C.
Gen. Stat. § 14-107. (Resp. Exhibits 6, 7, 8)

12.    On November 4, 2004, Petitioner pled guilty to one count of Misdemeanor Worthless
Check, in violation of N.C. Gen. Stat. § 14-107. (Nash Co. 04 CR 055792). (Resp. Exhibits 2, 9)

13.    The trial Judge found Petitioner guilty, on her plea of guilty and sentenced Petitioner to
30 days. The Judge suspended Petitioner’s sentence for one year, placed Petitioner on
Supervised Probation for one year, and ordered her to make restitution to Bobby Murray Toyota.
(Resp. Exhibit 9)

                                  CONCLUSIONS OF LAW

1.     Both parties are properly before this Administrative Law Judge, in that jurisdiction is
proper and both parties received notice of hearing.




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2.      Pursuant to N.C. Gen. Stat §§ 114-10, 114-10.1, the North Carolina State Bureau of
Investigation (SBI), by and through the Criminal Information and Identification Section (CIIS),
oversees and regulates the Division of Criminal Information Network (DCIN).

3.     12 NCAC 04E .0404(a) gives CIIS the authority to revoke the DCI certification of an
operator for certain types of criminal convictions. That section reads:

              A conviction of a felony will render an applicant or certified DCI
              operator permanently ineligible to hold certification. A conviction
              of a misdemeanor involving fraud, misrepresentation or deceit
              shall render an applicant ineligible to become certified as a DCI
              terminal operator when such conviction is within ten (10) years of
              the operator’s date of request for DCI certification. Operators
              convicted of such a misdemeanor while holding certification shall
              be ineligible to maintain such certification for a period of ten (10)
              years following such conviction.

4.     N.C. Gen. Stat. § 14-107 reads:

              It is unlawful for any person...to draw, make utter or issue and
              deliver to another any check or draft on any bank or depository, for
              the payment of money or its equivalent, knowing at the time of
              the making, drawing, uttering, issuing and delivering the check
              or draft, that the maker or drawer of it has not sufficient funds on
              deposit in or credit with the bank or depository with which to pay
              the check or draft upon presentation. (Emphasis added.)

5.     Petitioner’s conviction of Misdemeanor Worthless Check, which is in violation N.C.
Gen. Stat. § 14-107, is a misdemeanor involving fraud, misrepresentation or deceit, as set out in
12 NCAC 04E .0404(a).

6.    Respondent has sufficient grounds under 12 NCAC 04E .0404(a) to revoke Petitioner’s
DCI certification for a period of 10 years.

                                          DECISION

       Based upon the above Findings of Fact and Conclusions of Law, Respondent should
AFFIRM its decision to revoke Petitioner’s DCI Network certification for a period of ten (10)
years for being convicted of a Misdemeanor Worthless Check, in violation of N.C. Gen. Stat. §
14-107.

                                   NOTICE AND ORDER

       The North Carolina State Bureau of Investigation will make the Final Decision in this
contested case. N.C. Gen. Stat. § 150B-36(b), (b1), (b2), and (b3) enumerate the standard of
review and procedures the agency must follow in making its Final Decision, and adopting and/or



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not adopting the Findings of Fact and Decision of the Administrative Law Judge.

        Pursuant to N.C. Gen. Stat. § 150B-36(a), before the agency makes a Final Decision in
this case, it is required to give each party an opportunity to file exceptions to this decision, and to
present written arguments to those in the agency who will make the Final Decision. N.C. Gen.
Stat. 150B-36(b)(3) requires the agency to serve a copy of its Final Decision on each party, and
furnish a copy of its Final Decision to each party’s attorney of record and to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714.

        The agency making the Final Decision in this contested case is required to give each
party an opportunity to file exceptions to this Recommended Decision, to submit proposed
findings of fact, and to present written arguments to the agency. N.C. Gen. Stat. § 150B-36. The
agency is required by N.C. Gen. Stat. § 150B-36(b) to serve a copy of the final decision on all
parties and to furnish a copy to the parties’ attorney of record and to the Office of Administrative
Hearings.

       This the 7th day of September, 2005.


                                                       __________________________
                                                       Melissa Owens Lassiter
                                                       Administrative Law Judge




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