Issue

Denial of justice officer certification—lack of good moral character—substantial evidence—not arbitrary and capricious

Summary

The Sheriffs' Education and Training Standards Commission did not act in an arbitrary and capricious manner when it denied petitioner's application for justice officer certification indefinitely–based on petitioner's prior misconduct, which led to his being fired from the State Highway Patrol (SHP), including providing a false home address and falsifying time records–where substantial evidence supported the Commission's determination that petitioner lacked good moral character. Although petitioner presented evidence of character rehabilitation at the hearing on his contested case petition challenging the final agency decision–through two witnesses who were familiar with petitioner's work as a deputy sheriff and school resource officer in the years since he was fired from SHP–petitioner's evasive answers in response to the Commission's questions about the reasons for his firing (particularly in contrast with the detailed answers he provided to his own counsel's questions) demonstrated a lack of sincerity and candor from which the Commission could make its conclusion. The Supreme Court clarified the relevant time period for evaluating moral character (at the time the application was made, or, if the prima facie showing of good character was refuted, at any subsequent time that the applicant satisfied his or her burden of proof) and that any retroactive certification would only be to the point of time at which an applicant met the burden of proof.

Summary from the North Carolina Reports digest (official subject index). Read the opinion →