No. 35560 (5-year Review): Rule R728-405. Drug Testing Requirement

DAR File No.: 35560
Filed: 12/21/2011 12:46:43 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

This rule is authorized by Section 53-6-105 which states the Director of Peace Officer Standards and Training shall prescribe standards for the certification of peace officer training academies and prescribe minimum qualifications for certification of peace officers. Subsection 53-6-105(1)(k) provides that the director shall, with the advice of the council, make rules necessary to administer Title 53, Chapter 6.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No public comments regarding this rule have been received since the last five-year review.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule establishes rules drug testing of basic peace officer training applicants which must be followed by a certified training academy in order to ensure all statutory requirements are met. It is necessary to continue this rule in order to establish procedures that will ensure individuals attending a certified training academy meet the statutory requirements. The division has received no public comments in the past five years calling any portion of this rule into question.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Public Safety
Peace Officer Standards and Training
410 W 9800 S
SANDY, UT 84070

Direct questions regarding this rule to:

• Kelly Sparks at the above address, by phone at 801-256-2321, by FAX at 801-256-0600, or by Internet E-mail at [e-mail]

Authorized by:

Scott Stephenson, Director

Effective:

12/21/2011

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