No. 36291 (Repeal and Reenact): Rule R728-401. Requirements for Approval and Certification of Peace Officer Basic Training Programs and Applicants

(Repeal and Reenact)

DAR File No.: 36291
Filed: 05/30/2012 03:09:09 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule establishes the requirements and procedures for the approval of certified training academies and establishes the conditions under which basic peace officer training programs may be conducted.

Summary of the rule or change:

This rule change clarifies the requirements for establishing an approved basic peace officer training program in Utah. The previous rule stated that agencies could conduct a basic peace officer training program with approval of the POST council and by complying with POST approved procedures. This new rule states what those procedures are. The new rule requires an agency show a need for an additional basic peace officer training program before one will be approved. The new rule outlines what is required in order to demonstrate a need for a new peace officer training program, including: the lack of an established program in the geographical region, a written request from a law enforcement agency requesting establishment of a new training program, a statement from a currently established program indicating they are unable to fill the need, or the ability to fulfill a specialized training need. The new rule also establishes that POST will review the qualifications of any new satellite academy director. The new rule clarifies that all applicants to a basic peace officer training program must pass the established physical fitness requirement. Deleted from the old rule were references to specific classes that could not be missed during the basic training program. These references were replaced with the requirement that no student who had missed more than 16 hours of the basic course could become certifiable until appropriate makeup work has been completed. The new rule also clarifies that all academic requirements must be completed before an individual will be allowed to take the certification exam.

State statutory or constitutional authorization for this rule:

• Section 53-6-204
• Section 53-6-202
• Section 53-6-203
• Section 53-6-205

Anticipated cost or savings to:

the state budget:

The changes affected by the repeal and reenactment of this rule neither add any additional work to any state agency nor eliminate any work from any state agency. The changes simply establish and clarify what will be considered in a process that is already part of agencies responsibility. Since no additional work or resources are required or eliminated we anticipate that there will be no cost or savings to state budget.

local governments:

The changes affected by the repeal and reenactment of this rule neither add nor eliminate any requirements from any local government agency. The changes affect only institutions of higher learning wishing to become certified as a basic peace officer training program. Public safety agencies affiliated with a local government will not have any additional requirements. Since there are no additional requirements we anticipate that there will be no cost or savings to local government because of this rule change.

small businesses:

This rule does not apply to or have affect on any small business. Since the rule has no applicability to small business, the Division anticipates that there will be no cost or savings to small businesses.

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

This rule will require institutions of higher learning to comply with procedures established herein should the institution request authorization to conduct a basic peace officer training course. The rule will require the institution to provide some additional documentation that would likely be contained within just a few pages. The anticipated additional costs to institutions of higher learning will be very minimal.

Compliance costs for affected persons:

The changes affected by the repeal and reenactment of this rule neither adds nor eliminates any compliance requirements to any affected individuals. Since no additional requirements are established, the Division anticipates that there will be no additional compliance costs to affected persons.

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

This rule affects only interaction between public safety agencies, institutions of higher learning and the Department of Public Safety, Peace Officer Standards and Training. The rule does not apply to or have affect on businesses. Therefore, this amendment will have no foreseeable fiscal impact on any businesses.

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.

[ R728-401. Requirements For Approval and Certification of Peace Officer Basic Training Programs and Applicants.

R728-401-1. Authority.

This rule is authorized by Section 53-6-105 which gives the power to the Director of Peace Officers Standards and Training to promulgate standards for the certification of peace officer training academies.

 

R728-401-2. Academy Approval.

Any agency wishing to conduct a basic peace officer training program may do so with the approval of the POST Council and by complying with the POST approved procedures.

 

R728-401-3. Procedures for Course Validation.

A. The course must conform to the content and standards established by POST and approved by the POST Council.

B. All applicants will pass the POST entrance level test. The POST entrance level test is a valid test used to demonstrate ability in the areas of reading comprehension, basic mathematic skills, basic grammar and writing skills.

C. All applicants will complete the POST application packet. POST must receive application packets at least four weeks prior to the start of training unless special circumstances exist and arrangements have been made with POST. Without exception, medical requirements will be completed and submitted to POST before training begins.

1. Sponsored applicants - The sponsoring agency will complete the background investigation and insure that the requirements in Section 53-6-203 (applicants for admission to training programs) and R728-403 (Qualifications for Admission to Certified Peace Officer Training Academies) have been met. If the sponsoring agency has any question about an applicant as he relates to Section 53-6-203, or R728-403, POST shall be consulted before any training begins.

2. Self-Sponsored applicants - POST will conduct a criminal history check on all self-sponsored applicants. Programs providing training to self-sponsored students will adhere to the following guidelines when providing POST with application packets.

a. Check applications to insure completeness. POST will return any application not complete and deny training to that individual until a complete application is received and a criminal history check has been completed.

b. Provide POST with applications at least four weeks prior to the start of training unless special circumstances exist and arrangements have been made with POST (without exception medical release forms will be completed and submitted to POST before physical training begins.)

c. Bring to POST's attention any information provided in the application that should be examined closely in light of the provisions outlined in Section 53-6-203 and R728-403.

D. Equipment required to perform training must be furnished by the sponsoring agency or program. Equipment must meet POST standards.

Note: Any applicant denied by POST may appeal the decision by following the approved POST appeal process.

E. All instructors must be POST certified, and approved to instruct in their assigned topic(s).

F. Lesson plans for each topic must be prepared in accordance with the currently approved student performance objectives. Instructors must read and sign Contractual Agreement Form indicating they are aware of and are willing to teach the POST approved performance objectives.

G. Sponsoring agencies and program coordinators must administer POST approved examinations and maintain a file of examinations used. The final certification examination, which is a comprehensive examination, requires a minimum score of 80% to pass the test. Requirements necessary to pass the physical assessment test are set by POST and approved by the POST Council.

H. Attendance rosters are to be kept to satisfy statutory requirements and copies of these rosters will be submitted to POST. No attendee can miss more than two days of the police academy and still be certifiable. Under no circumstances will a student be certified if he misses (and fails to make-up) the following classes:

1. Ethics and Professionalism

2. Laws of Arrest

3. Laws of Search and Seizure

4. Use of Force

5. First Aid (CPR only)

6. Emergency Vehicle Operation

7. Vehicle Operation Liability

8. Vehicle Operation Practical

9. Arrest Control Techniques (practical exam)

10. Firearms Safety

11. Firearms Range/Day Shooting (qualification only)

12. Firearms Range/Night Shooting

13. Reasonable Force

14. Firearms Decision Making

15. Crimes-In-Progress (practical only)

I. Sponsoring agencies and programs must ensure that students possess a valid driver license when involved in any training that requires the operating of a motor vehicle. POST recommends that driver license checks be made through the State Division of Driver License.

J. Successful completion of the course and completion of all POST required paperwork is necessary before certification or certifiability will be granted. The paperwork must be submitted to POST within two weeks of completion of the course.

K. Anyone failing the Certification Exam once may take it again within a one year time frame. The requirement of taking the certification test after a year, for waiver purposes, will be applied by calculating the year from the date of successfully passing the test. Anyone who fails a certification re-take will not be permitted to take it again until they satisfactorily complete another approved basic training program. Anyone failing the Physical Assessment Exam will have four years to meet the requirements.

L. POST will conduct annual audits and site visits for each satellite or agency academy to verify that they are conforming to POST standards.

M. When all requirements have been met, the sponsoring agency administrator shall submit to POST a letter informing POST that all requirements have been met. Peace officer certification begins when POST receives an application for certification and confirms that the applicant has completed a basic peace officer training program and met all requirements.

N. No person may function with any authority until he has satisfactorily completed an approved training program and received POST certification.

 

R728-401-4. Process for Requesting Certification.

Administrators requesting certification of an employee shall submit to POST Form #61, Application for POST Certification. POST will verify the information provided and certify the applicant when completion requirements have been met.

 

KEY: law enforcement officers, peace officer basic course, approval

Date of Enactment or Last Substantive Amendment: January 20, 2007

Notice of Continuation: December 13, 2011

Authorizing, and Implemented or Interpreted Law: 53-6-202 ]

R728-401. Requirements For Approval and Certification of Peace Officer Basic Training Programs and Applicants.

R728-401-1. Authority.

This rule is authorized by Section 53-6-105 (1)(a) which gives the power to the Director of Peace Officers Standards and Training to promulgate standards for the certification of peace officer training academies.

 

R728-401-2. Satellite Academy Approval.

A. A law enforcement agency, correctional agency or institution of higher learning that meets the conditions and requirements set forth below may conduct a basic peace officer training program which is primarily established for the training of self-sponsored students, with the approval of the POST Council.

B. Requests for new on-going academy programs primarily established for the training of self-sponsored students will only be approved when there is a demonstrated need for additional basic peace officer training programs in the county or region in which the new academy will operate.

C. In order to demonstrate a need for an additional basic peace officer training program, the applying entity must provide evidence of at least one of the following:

1. There is no basic peace officer training program which is primarily established for the training of self-sponsored students within a 30 mile radius of the location where the new academy will operate.

2. One or more State, County or Local law enforcement agencies in the county or region has requested, in writing, that the applying entity establish and operate an on-going basic peace officer training program which is primarily established for the training of self-sponsored students.

3. An established satellite academy operating within the county or region or within 30 miles of the applying entity has confirmed that they are unable to meet the demand for basic peace officer training in the county or region.

4. The applying entity has the ability to provide a unique or specialized basic peace officer training program that an established satellite academy operating within the county or region or within 30 miles of the applicant is unable to provide.

D. A law enforcement or correctional agency that has a temporary or specialized need to provide basic peace officer training to their own employees, that cannot reasonably be met by POST, may conduct a basic peace officer training program with the approval of the POST Council.

E. POST will review the background and qualifications of the Satellite Academy Director or Training Coordinator before any entity will be approved to conduct a basic peace officer training program.

 

R728-401-3. Procedures for Course Validation.

A. The course must conform to the content and standards established by POST and approved by the POST Council.

B. All applicants will pass the National Peace Officers Selection Test (NPOST). The NPOST entrance level test is a valid test used to demonstrate ability in the areas of reading comprehension, basic mathematic skills, basic grammar and writing skills. All applicants will also pass the POST physical fitness requirements as outlined in POST Policy and Procedure 2390Physical Training Requirements.

C. All applicants will complete the POST application packet. POST must receive application packets at least four weeks prior to the start of training unless special circumstances exist and arrangements have been made with the POST Director or Deputy Director. Without exception, a medical evaluation from a medical doctor will be completed and submitted to POST before training begins.

1. Sponsored applicants - The sponsoring agency will complete the background investigation and insure that the requirements in Section 53-6-203 (applicants for admission to training programs) and R728-403 (Qualifications for Admission to Certified Peace Officer Training Academies) have been met. If the sponsoring agency has any question about an applicant's qualifications related to Section 53-6-203, or R728-403, POST shall be consulted before any training begins.

2. Self-Sponsored applicants - POST will conduct a criminal history check on all self-sponsored applicants. Programs providing training to self-sponsored students will adhere to the following guidelines when providing POST with application packets.

a. Check applications to insure completeness. POST will return any application not complete and deny training to that individual until a complete application is received and a criminal history check has been completed.

b. Provide POST with applications at least four weeks prior to the start of training unless special circumstances exist and arrangements have been made with the POST Director or Deputy Director(without exception medical release forms will be completed and submitted to POST before physical training or testing begins).

c. Bring to the attention of POST any information provided in the application warranting a close examination in light of the provisions outlined in Section 53-6-203 and R728-403.

Note: Any applicant denied by POST or by a satellite academy director may appeal the decision by following the approved POST appeal process.

D. Equipment required to perform training must be furnished by the sponsoring agency or program. Equipment must meet POST standards.

E. All instructors must be POST certified instructors, and approved to instruct in their assigned topic(s). Subject matter experts may be used as guest instructors.

F. Lesson plans for each topic must be prepared in accordance with the currently approved student performance objectives.

G. The POST approved on-line assessment system will be utilized to administer all quizzes and exams. Program coordinators must proctor all quizzes and exams. The final certification examination will be a comprehensive examination and will require a minimum score of 80% to pass. Physical fitness assessment standards are set by POST and approved by the POST Council. Program coordinators must administer the physical fitness assessment in accordance with POST approved procedures.

H. Attendance rosters are to be kept to satisfy statutory requirements and copies of these rosters will be submitted to POST. In no case will a student who has missed more than 16 hours of the basic course become certifiable, until appropriate makeup work has been completed. If, as determined by the academy staff, a student has missed a significant part of any subject or block of instruction, that student will not be certifiable until appropriate make-up work is completed.

I. Certified academies must ensure that students possess a valid driver license when involved in any training that requires the operating of a motor vehicle. POST recommends that driver license checks be made through the State Driver License Division.

J. Successful completion of the course and completion of all POST required paperwork is necessary before the student will be certifiable. All paperwork must be completed and submitted to POST within two weeks of completion of the course.

K. Final certification exams will only be administered after a student has completed all academic requirements for the block of instruction. If a student fails a final certification exam, they will be offered remediation and allowed one retake. The retake examination must be taken within one year from the date of the original exam. Anyone who fails a certification exam retake will not be permitted to take the certification exam again until they satisfactorily complete another approved basic training program. Anyone failing the Physical Fitness Assessment will have one year to meet the requirements.

L. POST will conduct audits and site visits for each certified academy to verify their conformity to POST standards.

M. When an individual has met all certification requirements, the director of the certified academy shall submit to POST a letter informing POST that all requirements have been met. Peace officer certification is granted when POST receives an application for certification signed by the chief administrator of a Utah law enforcement agency and confirms that the applicant has completed a basic peace officer training program and met all requirements.

N. No person may exercise peace officer authority until that person has satisfactorily completed an approved training program and received POST certification.

 

R728-401-4. Process for Requesting Certification.

Law enforcement administrators requesting certification of an employee shall submit to POST an Application for POST Certification. POST will verify that all requirements have been met and then issue the appropriate certification.

 

KEY: law enforcement officers, peace officer basic course, training academy approval, peace officer certification

Date of Enactment or Last Substantive Amendment: 2012

Notice of Continuation: December 13, 2011

Authorizing, and Implemented or Interpreted Law: 53-6-202, 53-6-203, 53-6-204, 53-6-205

 

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