State of North Carolina s77

STATE OF NORTH CAROLINA IN THE OFFICE OF ADMINISTRATIVE HEARINGS COUNTY OF WAKE 03 DOJ 0694

JOHN LEE POWELL, ) ) Petitioner, ) ) PROPOSAL FOR DECISION v. ) ) NORTH CAROLINA PRIVATE ) PROTECTIVE SERVICES BOARD, ) ) Respondent. ) ______

This matter was heard before Fred G. Morrison Jr., Senior Administrative Law Judge, on June 12, 2003, in Raleigh, North Carolina.

APPEARANCES

For Petitioner: Joy Rhyne Webb Browne, Flebotte, Wilson & Horn, P.L.L.C. Post Office Box 2247 Durham, North Carolina 27702

For Respondent: Bradford A. Williams Holt York McDarris, LLP 4601 Six Forks Road, Suite 207 Raleigh, NC 27609

ISSUES

Does Respondent have sufficient grounds to suspend Petitioner’s security guard and patrol license for one year for allegedly submitting armed guard registrations to Respondent knowing that the guards had not completed the required training by a certified Firearms Trainer?

Based upon the official documents in the file, sworn testimony of the witnesses, and other competent and admissible evidence, the undersigned makes the following:

FINDINGS OF FACT

1. Petitioner John Lee Powell received his security guard and patrol license from Respondent North Carolina Private Protective Services Board in March 1998.

1 2. Petitioner was the owner and operator of Powell Security Enforcement, which was founded approximately six years ago and was located in Rocky Mount, North Carolina. Powell Security Enforcement ceased doing business in approximately January 2003, at which time it employed 14 or 15 individuals.

3. Petitioner served as the licensee for Powell Security Enforcement.

4. Petitioner learned of the training requirements for his armed security guards from information he received from Respondent North Carolina Private Protective Services Board.

5. Petitioner received a list of certified firearms trainers from Respondent North Carolina Private Protective Services Board and called Timothy Franklin Reynolds, whose name was on the list, to inquire about hiring him to provide firearms training for his guards. Petitioner selected Reynolds because he was located in Goldsboro, which was relatively close in proximity to Powell Security Enforcement’s offices in Rocky Mount. Petitioner did not know Reynolds prior to calling him. Petitioner met and agreed to hire Reynolds to provide firearms training to his security guards.

6. Timothy Reynolds provided training in February 2002 for seven guards who were employed by Powell Security Enforcement: Jerry Hux, Quincy Hawkins, Jesus Hawkins, Roy Brown, Brian Brown, Robert West and Christian Lovic.

7. Timothy Reynolds provided training for each of these guards and signed Firearms Training Certificates certifying that Jerry Hux, Jesus Hawkins, Roy Brown, Brian Brown, Robert West and Christian Lovic had completed the Basic Armed Security Officer Training Course consisting of a minimum of twenty (20) hours of classroom training, pursuant to the provisions of N.C.G.S. 74C and 12 NCAC 07D.0807. Reynolds also certified that each applicant had completed range qualification on the required PPS courses of fire. For Quincy Hawkins, who submitted a renewal application, Timothy Reynolds certified that he had successfully completed Armed Security Officer Training consisting of a minimum of four (4) hours of classroom training for renewal of the armed permit, pursuant to the provisions of N.C.G.S. 74C and 12 NCAC 07D.0807. Reynolds also verified that Hawkins had completed range qualification on the required PPS courses of fire.

8. Petitioner signed and submitted armed guard registration/renewal applications for each of the seven guards trained by Timothy Reynolds with copies of the latter’s certifications attached as required on each application.

9. Petitioner represented that each of his guards were appropriately trained by Timothy Reynolds according to the guidelines enforced by Respondent North Carolina Private Protective Services Board and that they had received required hours of classroom training.

10. Petitioner paid Timothy Reynolds to provide each of his armed security guards the required firearms training. Reynolds did not provide the required hours of such training.

2 11. In June 2002, another certified firearms trainer, David Grimes, made an allegation to Respondent North Carolina Private Protective Services Board that Timothy Reynolds was certifying armed security guards without providing twenty hours of classroom instruction.

12. Private Protective Services Board Training Officer Larry Liggins investigated the allegations and found that Timothy Reynolds had not provided Petitioner’s guards the required hours of classroom training.

13. While Timothy Franklin Reynolds testified that he had never informed Petitioner that he had failed to provide twenty hours of classroom training to his security guards, it is more likely than not that Petitioner knew or should have known that Reynolds did not provide the 20 hours of such training before signing the certifications.

Based on the foregoing Findings of Fact, the undersigned Administrative Law Judge makes the following:

CONCLUSIONS OF LAW

1. Applicants for an armed security guard firearm registration permit must complete a basic training course for armed security guards which consists of at least 20 hours of classroom instruction and must also score at least 80 percent accuracy on a firearms range qualification course, adopted by the North Carolina Private Protective Services Board and the Attorney General. 12 N.C.A.C. 7D.807.

2. North Carolina General Statute § 74C-12 provides in relevant part that the North Carolina Private Protective Services Board may deny, suspend or revoke a license if it finds that a licensee has made any false statement or given any false information in connection with any application for a license, registration, or permit or for the renewal or reinstatement of a license, registration, or permit.

3. Respondent North Carolina Private Protective Services Board has shown by a preponderance of the evidence that Petitioner John Lee Powell knew or should have known when he submitted the applications that his guards had not completed the required training by a certified firearms trainer.

PROPOSAL FOR DECISION

The North Carolina Private Protective Services Board will make the Final Decision in this contested case. It is proposed that the Board adopt the Findings of Fact and Conclusions of Law set forth above and suspend John Lee Powell’s security guard and patrol license for one (1) year with such suspension being suspended for one year upon Petitioner paying a civil penalty in the amount of $1,000.00.

3 NOTICE

Before the North Carolina Private Protective Services Board makes the FINAL AGENCY DECISION, it is required by N.C.G.S. § 150B-40(e) to serve a copy of this PROPOSAL FOR DECISION on the parties and to give each party an opportunity to file exceptions and proposed findings of fact to this PROPOSAL FOR DECISION, and to present oral and written arguments to the North Carolina Private Protective Services Board.

The North Carolina Private Protective Services Board is required by N.C.G.S. § 150B- 42(a) to serve a copy of the FINAL AGENCY DECISION on all parties personally or by certified mail and to provide a copy to the attorney of record for each party.

This the 9th day of July, 2003.

______Fred G. Morrison Jr. Senior Administrative Law Judge