No. 40534 (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.: 40534
Filed: 06/22/2016 12:55:10 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

In order to eliminate redundancy and clarify rules, information from Rules R728-402 and R728-406 have been added to this rule, and Rules R728-402 and R728-406 have been repealed. (Editor's Note: The proposed repeal of Rule R728-402 is under Filing No. 40528 and the proposed repeal of Rule R728-406 is under Filing No. 40529 in this issue, July 15, 2016, of the Bulletin.)

Summary of the rule or change:

The changes include changing the rule title; defining satellite academy; clarifying to the rule regarding satellite academies; adding procedures for course validation; moving information regarding instructors and lesson plans to Rule R728-403; and adding the requirement for the division to conduct satellite audits and site visits. (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.)

State statutory or constitutional authorization for this rule:

• Section 53-6-310
• Section 53-6-105
• Section 53-6-202
• Section 53-6-212

Anticipated cost or savings to:

the state budget:

There are no costs or savings to the budget with the repeal of the original rule because existing information from Rules R728-402 and R728-406 has been added to this rule in order to eliminate redundancy and clarify rules, and Rules R728-402 and R728-406 have been repealed.

local governments:

Repealing the original rule will not have an impact on local government budgets because existing information from Rules R728-402 and R728-406 has been added to this rule in order to eliminate redundancy and clarify rules, and Rules R728-402 and R728-406 have been repealed.

small businesses:

Repealing the original rule will not have a fiscal impact on small businesses because existing information from Rules R728-402 and R728-406 has been added to this rule in order to eliminate redundancy and clarify rules, and Rules R728-402 and R728-406 have been repealed.

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

The repeal of the original rule will not impact other persons not mentioned in this section because existing information from Rules R728-402 and R728-406 has been added to this rule in order to eliminate redundancy and clarify rules, and Rules R728-402 and R728-406 have been repealed.

Compliance costs for affected persons:

There are no compliance costs associated with the repealing of the original rule because existing information from Rules R728-402 and R728-406 has been added to this rule in order to eliminate redundancy and clarify rules, and Rules R728-402 and R728-406 have been repealed.

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

I have reviewed this rule and found that repealing and reenacting 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.

[R728-401. 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. ]

R728-401. Training Academy Requirements.

R728-401-1. Authority.

This rule is authorized by Subsection 53-6-105(1)(k), which provides that the director shall, with the advice of the council, make rules necessary to administer Title 53 Chapter 6.

 

R728-401-2. Purpose.

The purpose of this rule is to provide procedures regarding the operation of training programs.

 

R728-401-3. Definitions.

(1) Terms used in this rule are defined in Section 53-6-102.

(2) In addition:

(a) "Agency-sponsored applicant" means a person seeking admission into a training program who is a full time, paid employee of a governmental entity, and who the division has responsibility to train as defined in Section 53-6-212, "agency-sponsored applicant" does not include a part-time, reserve, or contract employee;

(b) "Satellite academy" means a certified academy or training program administered by a governmental entity or institution of higher education that is established primarily for the training of its employees or self-sponsored applicants;

(c) "Self-sponsored applicant" means a person seeking admission into a training program who is responsible for paying the cost of the training program;

(d) "Training program" means the basic training courses offered by the division or one of the satellite academies, which are required to become a:

(i) special function officer;

(ii) correctional officer;

(iii) law enforcement officer; or

(iv) dispatcher.

 

R728-401-4. Admission into a Training Program.

(1) All applicants seeking to attend a training program must submit an application packet to the division in accordance with R728-403.

(2) The division shall pay the costs of an agency-sponsored applicant to attend the training program offered at POST.

(a) The agency-sponsored applicant's employer must verify the applicant is a full-time employee of a governmental entity who will be functioning as a peace officer.

(3) Self-sponsored applicants shall be responsible for paying all costs associated with the training program.

(a) Self-sponsored applicants may only attend a training program offered at POST if special circumstances exist and approval has been granted by the director.

 

R728-401-5. Approval of Satellite Academies.

(1) 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 that is primarily established for the training of self-sponsored applicants, with the approval of the council.

(2) An entity seeking to operate a satellite academy shall submit to the director, a request in writing and include documentation of:

(a) the background and qualifications of the individual who will be the director of the satellite academy; and

(b) the need to operate the satellite academy through evidence that:

(i) there are no satellite academies within a 30 mile radius of the location where the new academy will operate;

(ii) a law enforcement agency in the county or region has requested, in writing, that the entity operate a satellite academy;

(iii) a satellite academy operating within the county, region or within 30 miles of the location of the applying entity has indicated that it is unable to meet the demand for training; or

(iv) the entity will provide a unique or specialized training program that is not currently offered in the county, region, or within 30 miles of the location of the applying entity.

(3) The division, with the approval of the council, may authorize an entity to operate a satellite academy if the entity demonstrates there is a need for additional training programs:

(a) in the county or region where the proposed satellite academy is to operate; or

(b) that cannot reasonably be met by the division.

 

R728-401-6. Procedures for Course Validation.

(1) Courses taught at training programs shall contain the content and meet the requirements established by the division and approved by the council.

(2) A satellite academy shall provide the division with a class schedule and a list of instructors before training may begin.

(3) A satellite academy shall ensure that all equipment required to perform the training be furnished by the sponsoring agency, self-sponsored applicant, or training facility; and that such equipment meets POST standards.

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

(a) Instructors teaching academic portions of the curriculum must have completed an instructor development course recognized by the division and received POST certification as outlined in R728-502-5.

(b) Instructors teaching skill portions of the curriculum must have completed the specialty instructor requirements for the specific skill area being taught and received POST certification as outlined in R728-502-9.

(c) Subject matter experts may be used as guest instructors.

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

(6) The POST approved on-line assessment system shall be utilized to administer all tests and examinations.

(a) Tests and examinations shall be administered as outlined in the approved curriculum.

(b) Program coordinators must proctor all tests and examinations.

(c) The final certification exam shall not be administered until the student has completed all academic requirements of the course.

(d) The final certification examination shall be a comprehensive examination and shall require a minimum score of 80% to pass.

(7) Physical fitness assessment standards are set by the division and approved by the council.

(a) Program coordinators must administer the physical fitness assessment in accordance with POST approved procedures.

(8) Attendance rosters shall be kept to satisfy statutory requirements and copies of these rosters shall be submitted to the division.

(a) A student who has missed more than 16 hours of a basic peace officer course, or four hours of a basic dispatcher course, may not become certifiable until appropriate makeup work has been completed.

(b) If, as determined by the academy staff, a student has missed a significant part of any subject or block of instruction, that student may not be certifiable until appropriate make-up work is completed.

(9) Successful completion of the course and completion of all POST required documentation is necessary before the student may be certifiable.

(a) All documentation must be completed and submitted to the division within 14 calendar days of completion of the course.

(10) The division shall conduct audits and site visits of each satellite academy to ensure compliance with all rules established herein.

 

KEY: [law enforcement officers, peace officer basic course, training academy approval, peace officer certification]dispatchers, peace officers, satellite academies, training programs

Date of Enactment or Last Substantive Amendment: [August 6, 2012]2016

Notice of Continuation: December 13, 2011

Authorizing, and Implemented or Interpreted Law: 53-6-105; 53-6-202; [53-6-203; 53-6-204; 53-6-205]53-6-212; 53-6-310

 

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