No. 40533 (Repeal): Rule R728-407. Waiver/Reactivation Process

(Repeal)

DAR File No.: 40533
Filed: 06/22/2016 12:46:02 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This rule is being repealed to eliminate redundancy and clarify rules.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 found in this rule will be incorporated into Rule R728-403. (Editor's Note: 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This rule is repealed in its entirety to eliminate redundancy and clarify rules.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 found in this rule will be incorporated into Rule R728-403.

State statutory or constitutional authorization for this rule:

• Section 53-6-105
• Section 53-6-203
• Section 53-6-206

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There are no costs or savings to the budget with the repeal of this rule because the rule is repealed in its entirety to eliminate redundancy and clarify rules. The information found in this rule will be incorporated into Rule R728-403.

local governments:

Repealing this rule will not have an impact on local government budgets because the rule is repealed in its entirety to eliminate redundancy and clarify rules. The information found in this rule will be incorporated into Rule R728-403.

small businesses:

Repealing this rule will not have a fiscal impact on small businesses because the rule is repealed in its entirety to eliminate redundancy and clarify rules. The information found in this rule will be incorporated into Rule 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The repealing of this rule will not impact other persons not mentioned in this section because the rule is repealed in its entirety to eliminate redundancy and clarify rules. The information found in this rule will be incorporated into Rule R728-403.

Compliance costs for affected persons:

There are no compliance costs associated with the repealing of this rule because the rule is repealed in its entirety to eliminate redundancy and clarify rules. The information found in this rule will be incorporated into Rule 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.

[R728-407. Waiver/Reactivation Process.

R728-407-1. Purpose.

To provide an avenue for individuals who have met prescribed training standards to become certified as Utah law enforcement officers.

 

R728-407-2. Waiver of Basic Training Program.

A. Before being allowed to waive basic peace officer training, each applicant shall meet the standards and requirements outlined in 53-6-203 and 53-6-206. Applicants will also be required to submit the appropriate POST waiver application form. The waiver application and other information about waiver eligibility can be obtained by contacting the In-Service Bureau of POST.

1. Note: Waiver applicants have only two opportunities to pass the certification examination. Applicants who fail the first examination may take a make-up examination. An applicant must take the second examination within a 90-day period of the first examination. Applicants who obtain two failing scores on the certification examination will be required to attend the basic training program before certification will be granted.

2. Applicants may be required to attend any phase of the approved basic training course or specified in-service training.

3. Waiver applicants must meet the established physical training requirement. The physical training requirements are outlined in the waiver packet available at POST.

 

R728-407-3. Application Procedure.

A. All applicants under Section 53-6-206 (waiver of training) shall be processed in the following manner:

1. Request from applicant for waiver packet.

2. Packet to be sent to applicant

3. Applicant returns above completed forms to POST, along with the following:

a. photograph (applicant)

b. evidence of graduation from high school or equivalent or college diploma

c. evidence of successful completion of a comparable basic training course (Basic Certificate Course schedule showing subject matter and hours)

4. Evaluation of application and attendant documents. The staff training supervisor will determine if applicant has filed proper forms and will accomplish the following:

a. verification of successful completion of certified program

i. check POST files to verify in-state training

ii. out of state programs require verification from the POST agency or equivalent within that state

b. criminal records search of local, state and federal files

5. Decision as to whether or not applicant qualifies

a. application denied

i. applicant advised as to reason for denial

b. application approved

i. oral interview with supervisor of waiver course

ii. applicant advised as to conditions for his certification as described.

6. Certificate issued when conditions are satisfied and records are complete.

 

R728-407-4. Guidelines For Acceptance of Eligibility.

A. Applicants who have been certified city, county, state, federal, or military law enforcement officers and who do not exceed four years from the time of their certified status and the time they can complete the waiver process may be eligible for waiver.

1. Waiver Procedure

a. Completed applications form signed by applicant; and

b. Proof of employment and detailed job description from police agency applicant was employed by.

B. Applicants who have successfully completed a state, federal, or military law enforcement basic training academy within the last four years may be eligible for waiver.

1. Waiver Procedure

a. Completed application form signed by applicant;

b. Applicants must furnish proof of successful completion of a training program; and

c. Applicants may be required to furnish POST with a copy of their training curriculum.

 

R728-407-5. Restoration of Peace Officer Powers.

A. Peace officer powers become inactive when a certified peace officer is not actively engaged in performing peace officer duties for more than one year but less than four continuous years. Certified peace officers may have peace officer powers reactivated by filing a new application and completing the below listed requirement as specified by the director.

1. Completion of the POST waiver process.

Applicants who fail the certification examination twice will be required to attend basic training.

B. Lapse of certification occurs when a person has not been actively engaged in performing the duties of a peace officer for more than four continuous years.

1. Unless waived by the Director, successful completion of the POST basic training course is necessary before a lapsed certification can be reissued.

 

KEY: law enforcement officers, waiver of basic training*, reactivation process*

Date of Enactment or Last Substantive Amendment: April 15, 1997

Notice of Continuation: December 21, 2011

Authorizing, and Implemented or Interpreted Law: 53-6-105; 53-6-203; 53-6-206]

 

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