No. 30275 (Amendment): R728-406-3. Policy and Procedures for Course Validation

DAR File No.: 30275
Filed: 07/31/2007, 02:50
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of the change is to require agencies to submit an application into Peach Officer Standards and Training (POST) four weeks prior to the start of POST academy rather then two weeks.

Summary of the rule or change:

The change will require departments to submit applications four weeks prior to the start of an academy class in order to provide adequate time for POST staff to process the application.

State statutory or constitutional authorization for this rule:

Section 53-6-105

Anticipated cost or savings to:

the state budget:

This change will not affect the state budget because it is not changing a procedure that POST already does.

local governments:

This change will not affect the local governments because it is not adding responsibilities to any local government.

small businesses and persons other than businesses:

This rule does not affect small businesses or other persons because it deals with application procedures between POST and Local police agencies.

Compliance costs for affected persons:

The application process is already required by any applicant required to attend POST. Therefore, no additional costs or expenses will occur for any person.

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

It has been determined that there will be no fiscal impact on any government agency or any other persons. Scott Duncan, 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:

Steve Winward at the above address, by phone at 801-256-2326, 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:

09/04/2007

This rule may become effective on:

09/21/2007

Authorized by:

Scott T Duncan, Commissioner

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.

R728-406-3. 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 [two]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.

 

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: [April 15, 1997]2007

Notice of Continuation: February 26, 2007

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