No. 40529 (Repeal): Rule R728-406. Requirements for Approval and Certification of Basic Correctional, Reserve and Special Function Training Programs and Applicants

(Repeal)

DAR File No.: 40529
Filed: 06/22/2016 12:25:15 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being repealed to eliminate redundancy and clarify rules. The information contained in the rule will now be incorporated into Rules R728-401 and R728-403. (Editor's Note: The proposed repeal and reenactment of Rule R728-401 is under Filing No. 40534 and the proposed repeal and reenactment of Rule R728-403 is under Filing No. 40535 in this issue, July 15, 2016, of the Bulletin.)

Summary of the rule or change:

This rule is repealed in its entirety to eliminate redundancy and clarify rules. The information contained in the rule will now be incorporated into Rules R728-401 and R728-403.

State statutory or constitutional authorization for this rule:

• Section 53-6-202

Anticipated cost or savings to:

the state budget:

There are no costs or savings to the budget with the repeal of this rule because the information contained in the rule will now be incorporated into Rules R728-401 and R728-403.

local governments:

Repealing this rule will not have an impact on local government budgets because the information contained in the rule will now be incorporated into Rules R728-401 and R728-403.

small businesses:

Repealing this rule will not have a fiscal impact on small businesses because the information contained in the rule will now be incorporated into Rules R728-401 and R728-403.

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

The repealing of this rule will not impact other persons not mentioned in this section. The information contained in the rule will now be incorporated into Rules R728-401 and R728-403.

Compliance costs for affected persons:

There are no compliance costs associated with the repealing of this rule because the information contained in the rule will now be incorporated into Rules R728-401 and R728-403.

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

I have reviewed this rule and found that repealing the rule will not have a fiscal impact on business.

Keith D. Squires, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Office 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]
• Wade Breur at the above address, by phone at 801-256-2329, by FAX at , or by Internet E-mail at [e-mail]
• Kim Gibb at the above address, by phone at 801-556-8198, by FAX at 801-964-4482, 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:

08/15/2016

This rule may become effective on:

08/22/2016

Authorized by:

Scott Stephenson, Director

RULE TEXT

R728. Public Safety, Peace Officer Standards and Training.

[R728-406. Requirements For Approval and Certification of Basic Correctional, Reserve and Special Function Training Programs and Applicants.

R728-406-1. 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 Correctional, Reserve and Special Function Officer Training Programs and applicants.

 

R728-406-2. Academy Approval.

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

 

R728-406-3. Policy and 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 shall have completed the POST application packet. Without exception, medical requirements will be completed before training begins.

1. Sponsored applicants - The sponsoring agency will complete the background investigation and insure that the requirements in 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 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 such as Weber State University or Salt Lake Community College will adhere to the following guidelines when providing POST with application packets.

a. It is the policy of POST that all applications will be checked 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. It is the policy of POST that applications will be provided to POST 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. It is the policy of POST that a class schedule and a list of instructors will be provided to POST before training begins.

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

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

E. Lesson plans for each topic must be prepared in accordance with the currently approved student performance objectives. Instructors must read and sign Form #77/1/89 (Performance Objectives Agreement) indicating they are aware of and are willing to teach the POST approved performance objectives.

F. 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, will be given by POST. A minimum score of 80% is required to pass the test.

G. Attendance rosters shall be kept to satisfy statutory requirements and copies of these rosters will be submitted to POST. No attendee can miss more than 10% of the course 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. Arrest Control Techniques (practical exam)

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

I. Successful completion of the course and completion of all POST required paperwork is necessary before certification will be granted.

J. Upon completion of the training program, sponsoring agencies and programs will contact POST and make arrangements for the Certification Exam to be given. 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.

K. 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.

L. The Certification Exam will not be given if all the above requirements have not been met.

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

 

R728-406-4. 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, ensure annual training is up to date and check to see if the individual seeking certification is the subject of a pending investigation. POST will certify the applicant when all requirements have been met. If there is an open investigation on the subject, or a problem with annual training hours, POST will refuse to certify the applicant and make the appropriate notifications.

 

KEY: law enforcement officers, approval for reserve basic course, approval for special function course*, approval for correctional basic course

Date of Enactment or Last Substantive Amendment: October 1, 2007

Notice of Continuation: December 21, 2011

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

 

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