1. (a) Certification. Each class shall have a designated instructor who is certified by DMH/DD/SAS. An individual seeking initial certification as an instructor shall:

   1. (1) be a high school graduate or its equivalent;
   2. (2) have a working knowledge of alcohol, other drugs, and traffic safety issues;
   3. (3) complete and submit the original and one copy of the application to the DWI/Criminal Justice Branch of DMH/DD/SAS;
   4. (4) complete an initial in‑service training program provided by DMH/DD/SAS; and
   5. (5) demonstrate skills by teaching all classes.
2. (b) Notice. DMH/DD/SAS shall notify the applicant of the decision regarding initial certification within 60 days after receipt of the application.
3. (c) Duration. The duration of full certification shall be for a maximum period of two years.

4. (d) Provisional certification. An applicant who does not obtain initial certification may be issued a provisional certification, and shall be:

   1. (1) informed as to the specific reasons why full certification was denied;
   2. (2) provided with eligibility requirements necessary to reapply for full certification; and
   3. (3) informed regarding the right to appeal the certification decision.

5. (e) Recertification:

   1. (1) Individuals seeking recertification shall submit documentation of having received a minimum of 48 hours of training in alcohol and drug education traffic subjects during the previous two years. This training shall be provided by or subject to approval by DMH/DD/SAS. Documentation of having received this training shall be submitted to the DWI/Criminal Justice Branch at least 30 days prior to expiration of the current certification.
   2. (2) An individual seeking recertification for each subsequent two‑year cycle shall submit documentation of having received 30 hours of training in alcohol and drug education traffic subjects during the preceding two years;
   3. (3) The training shall be provided or approved by DMH/DD/SAS; and
   4. (4) Documentation of this training shall be submitted to the DWI/Criminal Justice Branch of DMH/DD/SAS at least 90 days prior to expiration of the existing certification.

6. (f) Revocation or suspension of certification may be issued for failure to:

   1. (1) cover the required subjects outlined in the prescribed curriculum;
   2. (2) maintain accurate student records;
   3. (3) comply with certification requirements;
   4. (4) report all students who complete the prescribed course to DMH/DD/SAS in a timely manner.

History Note: Authority G.S. 20‑179; 20‑179.2; 143B‑147;
Eff. May 1, 1996;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.