STATE OF NORTH CAROLINA



STATE OF NORTH CAROLINA

COUNTY OF WAKE

|IN THE OFFICE OF

ADMINISTRATIVE HEARINGS

09 DOJ 3488 and 09 DOJ 3489 | |

|RICHARD LEE POWERS, SR., |) | |

| |) | |

|Petitioner, |) | |

|v. |) | |

| |) | |

|NORTH CAROLINA PRIVATE PROTECTIVE SERVICES BOARD, |) | |

| |) | |

|Respondent. |) | |

|________________________________ |) | |

|RICHARD LEE POWERS, JR., |) |PROPOSAL FOR DECISION |

| |) | |

|Petitioner, |) | |

|v. |) | |

| |) | |

|NORTH CAROLINA PRIVATE PROTECTIVE SERVICES BOARD, |) | |

| |) | |

|Respondent. |) | |

|________________________________ |) | |

| |) | |

| |) | |

This contested case was heard before Senior Administrative Law Judge Fred G. Morrison Jr. on September 28, 2009, in Raleigh, North Carolina.

APPEARANCES

Richard Lee Powers, Sr. and Richard Lee Powers, Jr. (hereinafter “Petitioners”) were represented by attorney Kathleen A. Gleason.

The North Carolina Private Protective Services Board (hereinafter “Respondent,” “PPSB,” or “Board”) was represented by attorney M. Denise Stanford.

WITNESSES

Petitioners – Richard Lee Powers, Sr. testified for the Petitioners.

Respondent – PPSB Investigator Tim Pressley testified for Respondent.

ISSUES

Richard Lee Powers, Sr. holds the followings licenses, registrations, and certifications with the Board: Security Guard and Patrol License, Private Investigator, Courier Service Profession, Certification for unarmed trainer, and Registration Armed. Richard Lee Powers, Jr. holds the following licenses, registrations, and certifications with the Board: Certification for unarmed trainer, Registration Armed and Registration Unarmed. A complaint was filed against Richard Lee Powers, Sr. (2008-PPS-049) and a complaint was filed against Richard Lee Powers, Jr. (2008-PPS-048). These matters were heard by the Board’s Grievance Committee in December 2008. The Grievance Committee recommended that all individual licenses, registrations, and certifications held by Richard Lee Powers, Sr. and Richard Lee Powers, Jr. be revoked. The Board approved the action of the Grievance Committee and Petitioners appealed.

The two matters were consolidated for hearing.

The first issue is: Should all licenses, registrations, and certifications held by Richard Lee Powers, Sr. be revoked as a result of his violation of G.S. §74C-12(a)(1), by submitting to the Board an armed registration renewal application with a false firearms training certificate attached, or should a lesser sanction be imposed?

The second issue is: Should all licenses, registrations, and certifications held by Richard Lee Powers, Jr. be revoked as a result of his violation of G.S. §74C-12(a)(1), by submitting to the Board an armed registration renewal application with a false firearms training certificate, or should a lesser sanction be imposed?

BURDEN OF PROOF

Respondent has the burden of proving by the greater weight of evidence presented that all individual licenses, registrations, and certifications held by Richard Lee Powers, Sr. and Richard Lee Powers, Jr. should be revoked.

STATUTES AND RULES APPLICABLE TO THE CONTESTED CASE

Official notice is taken of the following statutes and rules applicable to this case:

G.S. §74C-12(a)(1), (2), and (3); G.S. §74C-13; and 12 NCAC 7D.0806, and .0807.

FINDINGS OF FACT

1. Respondent Private Protective Services Board is established pursuant to G.S. §74C-1 et seq. and is charged with the duty of licensing and registering individuals engaged in the private protective services profession.

2. Petitioner Richard Lee Powers, Sr. holds the following licenses, registrations, and certifications with the Board: Security Guard and Patrol License, Private Investigator, Courier Service Profession, Certification for unarmed trainer, and Registration Armed.

3. Petitioner Richard Lee Powers, Jr. holds the following licenses, registrations, and certifications with the Board: Certification for unarmed trainer, Registration Armed and Registration Unarmed.

4. Mr. Powers, Sr. and Mr. Powers, Jr. were enrolled in a firearms re-certification course to be conducted by Travis Ray Green on June 6, 2008.

5. Both Mr. Powers, Sr. and Mr. Powers, Jr. had a meeting on June 6, 2008, at the same time that the course was to be conducted.

6. Mr. Powers, Sr. reached an agreement with Mr. Green, in which Mr. Green agreed to certify that Mr. Powers, Sr. and Mr. Powers, Jr. attended the firearms re-certification course, although they had decided not to attend the course.

7. Mr. Powers, Sr. did not attend the firearms re-certification course on June 6, 2008, nor did he attend the course on June 5, 2008, the day the course was actually conducted.

8. Mr. Powers, Jr. did not attend the firearms re-certification course on June 6, 2008, nor did he attend the course on June 5, 2008, the day the course was actually conducted.

9. Mr. Green subsequently delivered to Mr. Powers, Sr. and Mr. Powers, Jr. firearms training certificates certifying that they had attended the firearms re-certification course on June 6, 2008, when they had not attended the course.

10. On June 10, 2008, Mr. Powers, Sr. submitted an armed registration renewal application to the Board with the false firearms training certificate attached.

11. On July 17, 2008, Mr. Powers, Jr. submitted an armed registration renewal application to the Board with the false firearms training certificate attached.

12. On August 22, 2008, Board Investigator Tim Pressley opened Board complaint files against Richard Lee Powers, Sr. 2008-PPS-049, and Richard Lee Powers, Jr. 2008-PPS-048, concerning the armed registration renewal applications submitted by them which contained false information.

13. On December 10, 2008, the Board’s Grievance Committee recommended that all individual licenses, registrations, and certifications held by Richard Lee Powers, Sr. and Richard Lee Powers, Jr. be revoked.

14. On December 12, 2008, the Board approved the action of the Grievance Committee and Petitioners appealed requesting a hearing.

CONCLUSIONS OF LAW

1. Pursuant to G.S. §74C-12(a)(1), the Board may deny, suspend or revoke a license, registration, or permit if it is determined that the applicant, licensee, registrant, or permit holder 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.

2. Pursuant to G.S. §74C-12(a)(2), the Board may deny, suspend, or revoke a license, registration, or permit if it is determined that the applicant, licensee, registrant, or permit holder has violated any provisions of Chapter 74C.

3. Pursuant to G.S. §74C-12(a)(3), the Board may deny, suspend, or revoke a license, registration, or permit if it is determined that the applicant, licensee, registrant, or permit holder violated any rule adopted by the Board pursuant to the authority contained in Chapter 74C.

4. Pursuant to G.S. §74C-13, it shall be unlawful for any person performing private protective services duties to carry a firearm in the performance of those duties without first having met the qualifications of this section and having been issued a firearm registration permit by the Board.

5. 12 NCAC 7D.0806 requires that applications for renewal of armed security guard firearm registration permits be accompanied by a statement signed by a certified trainer that the applicant has successfully completed the training requirements of 12 NCAC 7D.0807.

6. 12 NCAC 7D.0807 requires applicants for re-certification of an armed security guard firearm registration permit to complete a basic re-certification training course for armed security guards which consists of at least four hours of classroom instruction and also attain a score of at least 80 percent accuracy on a firearms range qualification course.

7. Richard Lee Powers, Sr. violated G.S. §74C-12(a)(1), by submitting an armed registration renewal application with a false firearms training certificate attached.

8. Richard Lee Powers, Jr. violated G.S. §74C-12(a)(1), by submitting an armed registration renewal application with a false firearms training certificate attached.

Based on the foregoing, the undersigned makes the following:

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 UPHOLD its initial decision to revoke all individual licenses, registrations, and certifications held by Richard Lee Powers, Sr. in case number 2008-PPS-049. Further, it is proposed that the Board UPHOLD its initial decision to revoke all individual licenses, registrations, and certifications held by Richard Lee Powers, Jr. in case number 2008-PPS-048.

ORDER

It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714, in accordance with G.S. §150B-36(b).

NOTICE

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 pursuant to G.S. §150B-40(e).

The agency that will make the final decision in this contested case is the North Carolina Private Protective Services Board.

This the ___ day of _______________, 2009.

__________________________________

Fred G. Morrison Jr.

Senior Administrative Law Judge

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