No. 27317 (New Rule): R728-502. Procedure for POST Instructor Certification

DAR File No.: 27317
Filed: 07/29/2004, 03:49
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

This amendment provides for orderly administration of In-Service Training statute.

 

Summary of the rule or change:

This proposed rule reimplements a similar rule which expired. (DAR NOTE: Rule R728-502 expired 07/03/2003; see filing under DAR No. 26445.)

 

State statutory or constitutional authorization for this rule:

Section 53-6-105

 

Anticipated cost or savings to:

the state budget:

Does not affect the state budget. Peace Officer Standards and Training (POST) receives their budget from the Special Service Fund. This rule simply describes the procedure for POST Instructor Certification. This would not require any changes to POST's budget.

 

local governments:

Does not affect local government. POST does not get any budget or funding from local government. This rule simply describes the procedure for POST Instructor Certification. Employees of local government will not be charged for this change in procedure.

 

other persons:

Does not affect any other persons. This rule simply describes the procedure for a POST Instructor Certification. No other individuals will be charged for these procedural changes for POST Instructor Certification.

 

Compliance costs for affected persons:

No one will be charged for these procedural changes for POST Instructor Certification.

 

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

No fiscal impact expected.

 

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
4525 S 2700 W
SALT LAKE CITY UT 84119

 

Direct questions regarding this rule to:

Bonnie Braegger or Kenneth R. Wallentine at the above address, by phone at 801-965-4099 or 801-957-8531, by FAX at 801-965-4619 or 801-965-4519, or by Internet E-mail at [e-mail] or [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:

09/14/2004

 

This rule may become effective on:

09/15/2004

 

Authorized by:

Kenneth R. Wallentine, Administrative Counsel

 

 

RULE TEXT

R728. Public Safety, Peace Officer Standards and Training.

R728-502. Procedure for POST Instructor Certification.

R728-502-1. Authority.

This rule is authorized by Section 53-6-105 which gives the director of POST the authority to establish minimum requirements for the certification of training instructors.

 

R728-502-2. POST Certified Instructors Authority and Duties.

A. POST certified instructors will be authorized to teach POST sponsored classes to include Basic Training, In-Service, and Regional classes.

B. Instructors shall be required to become familiar with POST's most up-to-date Student Performance Objectives and to insure their instruction is not in conflict with the Student Performance Objectives.

C. Only POST certified instructors may teach in Basic Training classes, including satellite academy Basic Training programs. Exceptions must be approved by the Basic Training Bureau Chief or POST staff assigned as the satellite academy liaison.

 

R728-502-3. Requirements to become a POST Certified Instructor.

A. Applicants must possess five years of experience as a full-time peace officer, and complete an approved instructor development course; or,

B. Have three years experience as a full-time sworn peace officer, and associate degree, and complete an approved instructor development course; or,

C. Have two years experience as a full-time sworn peace officer, a bachelor's degree, and complete an approved instructor development course; or,

D. Have specialized training and or expertise in an area which, the Director of POST determines to, would be beneficial in the training of law enforcement officers.

 

R728-502-4. Application For Instructor Certification.

A. A completed Application for POST Instructor Development School must be submitted to the POST In-Service Bureau. The application must include:

1. Documentation of years of experience.

2. Letter of recommendation from the applicant's chief administrative officer.

3. Documentation of special training.

B. All applications for instructor status will be reviewed by the POST In-Service Bureau. If the application is approved, the applicant may attend a POST approved Instructor Development Course. POST Instructor Certification will be granted upon completion of the following requirements:

1. The applicant will successfully complete a POST approved Instructor Development Course. This will include demonstrating to the course instructor the ability to develop a lesson plan that follows the style and format taught in the POST Instructor Development Course.

2. The applicant has signed the POST Performance Objectives Agreement. (POST Form 77/01/89) This certifies the student has received, read, and understood the current POST approved performance objectives, and the student agrees to teach the approved POST performance objectives in the classroom.

 

R728-502-5. Lesson Plans.

Prior to providing instruction in Basic Training, In-Service, or Regional classes sponsored by POST, an instructor shall file a lesson plan with the Basic Training Bureau Chief or In-Service Bureau Chief. Lesson plans for Basic Training and In-Service classes shall follow POST Basic Training Learning Objectives, and shall be in a form identical or substantially similar to the approved Basic Training lesson plan format. Lesson plans shall be accompanied with supporting materials, such as computer based slide shows or videos, where used in the class instruction. Lesson plans for In-Service Career Development Courses shall also include an examination or quiz. When the class material is addressed in POST Basic Training examinations or quizzes, the instructor may be required to submit test items.

 

R728-502-6. Guest Instructors.

Guest instructors are not required to meet the certification requirements outlined above. Guest instructors should generally be licensed professionals, such as physicians, mental health therapists, and attorneys, or law enforcement professionals with substantial expertise and qualifications in a discrete subject matter. Guest instructor status will generally be granted only for a single class. Guest instructors shall comply with POST class room decorum and dress standards.

 

R728-502-7. Department In-Service Instructors.

Departments are not required to utilize POST certified instructors in their in-service training programs. This gives departments the ability to formulate training programs designed to meet their needs utilizing the local resources. In such instances, the department sponsoring the training will be solely responsible for the content of the class and the qualifications of the instructor.

 

R728-502-8. Special Instructor Schools.

A. Instructors shall complete special instructor schools before they teach technical and high liability law enforcement subjects, such as:

1. Firearms Instructor School

2. Defensive Tactics Instructor School (DT)

3. Emergency Vehicle Operation Instructor School (EVO)

4. Radar Instructor School

B. Completion of a specialty instructor school does not automatically qualify an officer to instruct a POST sponsored class; the officer must also complete a POST approved Instructor Development Course to be qualified to teach a POST sponsored class.

 

R728-502-9. Special Instructor In-Service Requirements.

A. Special instructors teaching in POST Basic Training programs, including satellite academy programs, shall be subject to the following In-Service requirements:

1. Basic Training Firearms Instructors must complete a minimum of 16 hours of instructor training in each training year. The instructor training requirement may be satisfied through participation as an instructor or student in POST Firearms Instructor In-Service Training (handgun and/or long gun), Law Enforcement Training Camp, International Association of Law Enforcement Firearms Instructor training conferences, Utah Department of Public Safety Firearms Instructor In-Service courses, and similar conferences and workshops, subject to approval of the In-Service Bureau Chief.

2. Defensive Tactics Instructors must attend no fewer than two quarterly DT instructor in-service sessions presented by the POST DT program coordinator. Defensive Tactics Instructors may also be required to attend in-service training at POST when DT program changes are effected from time to time.

3. Emergency Vehicle Operation Instructors must attend the annual POST EVO Instructor re-certification course.

B. Special instructors teaching only in department in-service programs are not subject to this requirement.

 

KEY: law enforcement officers, instructor certification, in-service training

2004

53-6-105