No. 30389 (Amendment): R728-500. Utah Peace Officer Standards and Training In-Service Training Certification Procedures

DAR File No.: 30389
Filed: 09/04/2007, 12:00
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this change is to update the procedure and add time lines as to when training hours will be reported to Peace Officer Standards and Training (POST). It also adds the procedure of reporting deficient officers to the state retirement board.

Summary of the rule or change:

The rule amendment updates the new reporting of training hours. The new system will be an on-line reporting of hours over the internet. The rule amendment also gives dates of when hours must be reported and made up. It also gives dates that deficient officers will be reported to the retirement system. The rule also correctly quotes the updated code that this rule is based on.

State statutory or constitutional authorization for this rule:

Subsection 53-6-105(k)

Anticipated cost or savings to:

the state budget:

To implement the on-line reporting system, it will cost the state $17,000 initially with an ongoing cost of $2,000, annually.

local governments:

The local government and agencies will not be affected by this reporting system. They will have the ability to report the hours on-line, the initial cost of this system was covered and will be covered by state government.

small businesses and persons other than businesses:

To recoup some of the cost of this program, the cost will be passed along to students who attend the satellite training academies. The cost is a $50 administrative fee for each student to cover the costs of this program plus other programs provided by POST.

Compliance costs for affected persons:

There will be no other persons affected other then the ones listed above. To recoup some of the cost of this program, the cost will be passed along to students who attend the satellite training academies. The cost is a $50 administrative fee for each student to cover the costs of this program plus other programs provided by POST.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule amendment will have a positive effect on the business that provides the software for this reporting system. It will not have a negative impact on other businesses. Scott Duncan, Commissioner

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:

Steve Winward at the above address, by phone at 801-256-2326, by FAX at 801-256-0600, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/31/2007

This rule may become effective on:

11/11/2007

Authorized by:

Scott T Duncan, Commissioner

RULE TEXT

R728. Public Safety, Peace Officer Standards and Training.

R728-500. Utah Peace Officer Standards and Training In-Service Training Certification Procedures.

R728-500-3. Statutory 40 Hour Training Requirement.

Pursuant to Subsection 53-13-103(4)(b), ["law enforcement shall complete such annual certified training as the POST Director, with the advice and consent of the POST Council, shall direct; provided, however, that in no event shall such training consist of less than 40 hours per year."]"A law enforcement officer shall, prior to exercising peace officer authority, satisfactorily complete annual certified training of at least 40 hours per year as directed by the director of the division, with the advice and consent of the council."[ All law enforcement agencies seeking to have in-service credit granted shall adhere to the standards and procedures established by POST and the POST Council.]

 

R728-500-5. Reporting Training, Agency Responsibility.

At the conclusion of each training year (July 1 - June 30), agencies employing peace officers are required to report to POST the number of training hours received by each officer employed by that agency. This report is to be submitted online and is due to POST by July 31 and must contain the following information:

A. the name of the officer

B. the officers [social security]POST ID number

C. the number of training hours for the training year.

 

R728-500-6. Violation of Statutory Training Requirement, Order of Suspension.

A. The Division of Peace Officer Standards and Training will suspend the peace officer powers of any officer who fails to receive 40-hours of approved training during the previous training year. The officer, and the officers employing agency, will be notified by letter of this action. This sanction will remain in effect until the deficient training is completed and reported to POST[;]. The officer will have until October 1to make up the deficiency. POST will notify the officer and employing agency when the officers peace officer powers have been reinstated.

B. Training received by a suspended officer in a new training year will be credited to the previous (deficient) training year until the deficiency is made up. Training used to clear up an old deficiency cannot be credited to the new training year. (The same training cannot be counted twice.)

C. Suspended officers who continue to perform the duties and functions of a peace officer will be in violation of Section 53-6-202, and will be subject to the penalties set forth in Utah Administrative Code, Rule R728-411.

D. Officers who are deficient after October 1 will be reported to Utah Retirement System.

 

R728-500-16. Credit for Physical Fitness Training.

An officer can claim up to five hours of in-service training credit for participation in an agency approved physical training program.

 

KEY: law enforcement officers, in-service training[*]

Date of Enactment or Last Substantive Amendment: [1993]2007

Notice of Continuation: February 27, 2007

Authorizing, and Implemented or Interpreted Law: 53-6-105; 53-13-103(4)(b)