No. 36290 (Amendment): Rule R728-409. Suspension or Revocation of Peace Officer Certification

(Amendment)

DAR File No.: 36290
Filed: 05/30/2012 02:55:06 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The POST Disciplinary Guidelines referenced in Section R728-409-16 were amended by the POST Council on 03/22/2012. This amendment is necessary in order to reference the proper version of the Disciplinary Guidelines.

Summary of the rule or change:

The POST Disciplinary Guidelines referenced in Section R728-409-16 were amended by the POST Council on 03/22/2012. This amendment adds "and amended on March 22, 2012" in order to reference the proper version of the Disciplinary Guidelines.

State statutory or constitutional authorization for this rule:

• Section 53-6-211

Anticipated cost or savings to:

the state budget:

There is no foreseeable cost or savings to the state budget associated with this amendment as the amendment simply updates the reference to the disciplinary guidelines.

local governments:

There is no foreseeable cost or savings to local government associated with this amendment as the amendment simply updates the reference to the disciplinary guidelines.

small businesses:

There is no foreseeable cost or savings to small business associated with this amendment as the amendment simply updates the reference to the disciplinary guidelines.

persons other than small businesses, businesses, or local governmental entities:

There is no foreseeable cost or savings to other persons or entities associated with this amendment as the amendment simply updates the reference to the disciplinary guidelines.

Compliance costs for affected persons:

There is no foreseeable cost or savings to affected persons associated with this amendment as the amendment simply updates the reference to the disciplinary guidelines.

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

This amendment will have no foreseeable fiscal impact on any business as the amendment simply updates the reference to the disciplinary guidelines.

Lance Davenport, 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:

• 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]

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:

07/16/2012

This rule may become effective on:

07/30/2012

Authorized by:

Lance Davenport, Commissioner

RULE TEXT

R728. Public Safety, Peace Officer Standards and Training.

R728-409. Suspension or Revocation of Peace Officer Certification.

R728-409-12. Scheduling a Hearing [B]before the ALJ.

A. After the division receives the responsive pleading from the respondent, notice of the location, date and time for the hearing will be issued by the division. The notice of hearing shall be filed with the division and a copy shall be sent to the respondent by certified mail.

B. The hearing will be held within a reasonable time after service of the responsive pleading unless a later scheduling is ordered by the ALJ, or mutually agreed upon by the respondent and the division.

 

R728-409-16. Action by the Council.

A. Once a consent agreement has been reached or there has been an order of default or decision issued by the ALJ, the division shall present the matter to the council at their next regularly scheduled meeting. The division shall provide the council with the pleadings contained in the administrative file. The division shall also provide the council with any written information or comments provided by the chief, sheriff, or administrative officer of the respondent's employing agency.

B. At the council meeting the respondent or the respondent's attorney may address the council regarding whether the respondent's peace officer certification should be suspended or revoked.

C. The council shall review the matter and shall determine whether suspension or revocation of the respondent's peace officer certification is appropriate based upon the facts of the case and the POST Disciplinary Guidelines which were adopted on June 7, 2010 and amended on March 22, 2012.

 

KEY: law enforcement officers, certification, investigations, rules and procedures

Date of Enactment or Last Substantive Amendment: [September 9, 2010]2012

Notice of Continuation: December 21, 2011

Authorizing, and Implemented or Interpreted Law: 53-6-211

 

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