14B NCAC 06A .0102
DEFINITIONS
Definitions for this Chapter are as follows:
(1)
ABC Commission-N.C. Alcoholic Beverage Control Commission established pursuant to Chapter 18B
of the North Carolina General Statutes;
(2)
ABC Store. A retail establishment set up by a local ABC Board to sell alcoholic beverages to the
public;
(3)
Administrative Law Judge. An employee of the Office of Administrative Hearings appointed under
G.S. 7A-753 who hears statements from affected permittees and/or the permittees attorney, the ALE
agent, witnesses and other affected parties; and makes findings of facts and recommendations to the
ABC Commission as to whether the permittees permit should be suspended or revoked. Also, one who
holds hearings about whether a permit should be issued.
(4)
Agency Legal Specialist. Employees of the North Carolina ABC Commission who are attorneys and
who provide legal representation for the ABC Commission at OAH Hearings. They prosecute
violations of ABC Laws, serve as legal advisors to ALE, the ABC Commission, and the industry.
(5)
Agent. A duly authorized and sworn law enforcement employee of the ALE Division; ALE Agent;
(6)
Agent in Charge. An agent in charge of the Ale Division or any organizational subdivision of the ALE
Division, or any ALE agent in charge of any special detail;
(7)
Alcohol Law Enforcement. The Alcohol Law Enforcement Division of the North Carolina Department
of Crime Control and Public Safety, including all employees, both enforcement and civilian; ALE,
ALE Division;
(8)
Alcohol Violations Review Officer. An employee of the ABC Division who reviews and approves or
rejects all violations reports filed by ALE agents and submits approved violation reports to a hearing
officer;
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ALE. The Alcohol Law Enforcement Division of the North Carolina Department of Crime Control
and Public Safety, including all employees, both enforcement and civilian; ALE Division; Alcohol
Law Enforcement;
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ALE Agent. A duly authorized and sworn law enforcement employee of the ALE Division; agent;
employee;
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ALE Division. The Alcohol Law Enforcement Division of the North Carolina Department of Crime
Control and Public Safety, including all employees, both enforcement and civilian; ALE; Alcohol Law
Enforcement;
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Alcohol Law Enforcement Order. An inclusive term which applies to the ALE Manual, a directive,
rule, regulation, general order, special order, administrative notice or written procedure;
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Assistant Supervisor. An agent who ranks below a supervisor and above an agent. He supervises
agents, assists the supervisor and acts in the absence of the supervisor or when delegated specific
authority by the supervisor;
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Chain of Command. Official route of communication from the supervisor lowest in rank through
intermediate supervisors to the highest appropriate supervisor, including the director, if appropriate;
channels;
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Channels. Official route of communication from the supervisor lowest in rank through intermediate
supervisors to the highest appropriate supervisor, including the director, if appropriate; chain of
command;
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Chapter 18B. The chapter of the North Carolina General Statutes which sets forth the majority of the
state's statutes regulating the sale, possession, manufacture, transportation, use and consumption of
alcoholic beverages;
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Civilian Employees. Persons employed by the ALE Division who are not sworn law enforcement
officers and who do not have police powers;
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Complaint. An expression of dissatisfaction made by a member of the public concerning the activities
of a licensee or, when used in the disciplinary sense, an allegation by any person alleging improper
conduct on the part of an ALE employee;
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Compulsory Leave Without Pay. Action taken in temporarily removing an employee from duty as a
result of his violation of ALE policy, rules, regulations or directives, not to exceed three days;
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County or Municipal ABC Agent or Officer. An employee of a local ABC Board who enforces state
and local alcoholic beverage control laws or regulations within that county;
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Department. The Department of Crime Control and Public Safety;
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Deputy Director for Administration. One of two agents who shares the second in command position of
the ALE Division and who may act in the absence of the director, or when delegated specific authority
by the director. This agent is in charge of administrative duties as provided by ALE policy, rules,
regulations and directives; DDA;
Deputy Director for Operations. One of two agents who shares the second in command position of the
ALE Division and who may act in the absence of the director or when delegated specific authority by
the director. His primary duties concern enforcement activities; DDO;
Detail. Agents of the ALE Division grouped together for the accomplishment of a specified official
mission;
Directive. A numbered, written order issued by the director which prescribes a policy governing the
operation of the ALE Division or which outlines procedures to be followed in performing a function or
duty;
Director. The head of the ALE Division;
Dismissal. An act which terminates the service of an employee without the employee's consent;
District. A subordinate unit of the state which encompasses one or more counties and is supervised by
a district supervisor;
District Supervisor. The agent in charge of a district;
Duty Agent. The agent in charge in the absence of the supervisor or at any other time as designated by
the director, deputy director, or district supervisor;
Employee. Anyone employed by the ALE Division;
Field Office. A city, a town, or a post office designated as an agent's base of operation;
Gift. Something that is bestowed voluntarily and without compensation-for example, money, tangible
or intangible personal property, a loan, any service rendered, entertainment, or a promise, expressed or
implied, to provide any of these; gratuity;
Gratuity. Something that is bestowed voluntarily and without compensation-for example, money,
tangible or intangible personal property, a loan, any service rendered, entertainment, or a promise,
expressed or implied, to provide any of these; gift;
Illegal Order. An order issued by a superior which is not consistent with applicable laws;
Insubordination. Willfully disobeying any lawful order issued by a superior, or any disrespectful,
mutinous, insolent, or abusive language or conduct directed toward a superior;
Length of Service. The length of time that an employee has been engaged in the actual performance of
ALE duty;
License. A written or printed certificate which allows a person to engage in some phase of the
alcoholic beverage industry and which may be issued by the Secretary of Revenue, by a municipality,
or by a county;
Local ABC Board. Any county or municipal board of alcoholic control established by state laws;
Medical Services Director. The ALE Medical Services Director appointed by the Secretary of Crime
Control and Public Safety;
Military Leave. The period of time during which an employee is granted leave from the ALE Division
when called to perform active military service;
OAH. Office of Administrative Hearings is a state agency created by G.S. 7A-750. It is an
independent quasi judicial agency established to provide a source of independent administrative law
judges to preside in administrative cases submitted by the ABC Commission;
Off Duty. Time during which an employee is authorized to be free of the responsibility of performing
routine ALE duties;
Order. An instruction or directive, either written or oral, issued by superior agents to subordinates in
the course of ALE duty;
Permit. A written or printed authorization to engage in some phase of the alcoholic beverage industry
which may be issued by the ABC Commission under the provisions of Chapter 18B of the N.C.
General Statutes;
Permittee. An individual, partnership or corporation which has received a permit from the ABC
Commission;
Policy. A duly adopted guiding principle or course of action designed to influence and determine
decisions, actions, and procedures;
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History Note:
Probation. A 12-month trial period in which an agent's fitness for membership in the ALE Division is
tested; at the end of this period, the director evaluates the performance and determines whether he may
continue as an agent of the ALE Division;
Probationary Agent. Any agent who has been employed by the ALE Division for less than the
probationary period; agents are also subject to the provisions of Chapter 126 of the General Statutes of
North Carolina and, pursuant thereto, do not become "permanent state employees" until such time as
they have been employed by the state for the periods specified in G.S. 126-39;
Procedure. The officially established method for dealing with a given situation or performing a
specific activity;
Recommendation. An investigator's or supervisor's suggested course of action which is forwarded to
the appropriate supervisor through the chain of command with a completed report of investigation;
Reprimand. A formal rebuke issued to a licensee by the ABC Commission or in the disciplinary sense,
a level of disciplinary action taken against an employee;
Resignation. Voluntary termination of service by an employee in the ALE Division;
Retailer. An individual, partnership or corporation which has received a permit from the ABC
Commission to engage in some phase of the retail alcoholic beverage industry;
Retirement. Termination of active service of an employee with the number of years of creditable
service required by statute to be eligible for retirement benefits or termination of service due to
incapacitating disability;
Revocation of Permit. A cancellation of a permit by the ABC Commission;
Secretary. The Secretary of Crime Control and Public Safety;
Special Orders. A written order issued by the director relating to personnel matters;
State. The sovereign State of North Carolina;
Supervisor. An agent assigned supervisory control and direction of employees;
Suspension. Action taken in removing an employee from duty without pay in order to investigate an
alleged violation of ALE policies, rules, regulations or directives; suspension without pay may
continue until a full and final resolution of the matter is reached;
Suspension of Permit. A temporary revocation of a permit by the ABC Commission;
Training Coordinator. An ALE agent whose primary responsibility concerns research and training
relating to ALE activities;
Undercover Agent. An ALE agent who operates covertly to discover violations of any ABC laws or
regulations, violations of the Controlled Substances Act, or any other violations of the criminal laws of
the state;
Violation. The act of violating an ABC Commission rule or a provision of Chapter 18B of the N.C.
General Statutes;
Violation Report. A report of violation written by an ALE Agent;
Wholesaler. An individual, partnership or corporation which has received a permit from the ABC
Commission to engage in some phase of the wholesale alcoholic beverage industry.
Authority G.S. 18B-500; 143B-10;
Eff. February 1, 1976;
Amended Eff. August 1, 1988; January 1, 1984; August 1, 1980; February 1, 1980;
Transferred from 14A NCAC 08A .0102 Eff. June 1, 2013.