R728-403. Procedures for Certification, R728. Public Safety, Peace Officer Standards and Training, Utah Administrative Code

Utah Administrative Code (Current through November 1, 2019)

R728. Public Safety, Peace Officer Standards and Training

R728-403-1. Authority

Latest version.

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.

R728-403-2. Purpose

Latest version.

The purpose of this rule is to provide procedures for a dispatcher or peace officer to become certified or reactivate certification.

R728-403-3. Definitions

Latest version.

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

(2) In addition:

(a) "Actively Engaged" means a currently certified peace officer as defined in Section 53-13-102 through 53-13-105 who works while on duty as defined in 53-13-101 for a minimum of 60 hours per reporting year and receives annual training as defined in Section 53-6-306(3)(a).

(b) "Applicant" means a person seeking to become certified or reinstate certification as a dispatcher or peace officer;

(c) "Certification examination" means the written test given to an applicant to become certified or to reactivate certification as a dispatcher or peace officer;

(d) "Physical fitness test" means the physical fitness standards adopted by the council on June 4, 2009, which must be met in order to become a peace officer;

(e) "Reporting year" means an annual period starting on July 1, and ending on June 30 of the following year;

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

(i) special function officer;

(ii) correctional officer;

(iii) law enforcement officer; or

(iv) dispatcher; and

(g) "Training year" means the same as reporting year.

R728-403-4. Application for Training and Certification

Latest version.

(1) An applicant seeking to become certified as a dispatcher or peace officer shall submit a completed application packet to the division that includes:

(a) a written or electronic application form provided by the division;

(b) a photocopy of a government-issued identification card;

(c) evidence that the applicant is a United States citizen to include a photocopy of a birth certificate or a photocopy of a United States passport, or, in the case of naturalized citizen, a naturalization number;

(d) one completed FBI applicant fingerprint card (Form FD-258) with the applicant's legible fingerprints;

(e) one recent color photograph of passport quality with the applicant's name written on the back of the photograph;

(f) evidence that the applicant has completed high school or obtained the educational equivalent; and

(g) the application fee, unless the applicant has been hired as a dispatcher or peace officer by a governmental entity.

(2) An applicant seeking to become a certified peace officer shall also submit:

(a) proof that the applicant has achieved a passing score on the National Peace Officer Selection Test (NPOST), unless the applicant was certified as a special functions officer prior to 1997 and is applying to become a law enforcement officer or correctional officer; and

(b) a medical evaluation from a medical doctor indicating the applicant is able to participate in all aspects of the training program.

(3) The applicant must submit the application packet four weeks prior to the start of a training program to allow the division adequate time to process the application packet.

(a) The division shall not accept nor process any application that is not complete or fails to include all required attachments.

(4) An application shall be considered valid for one year from the time the application is completed by the applicant.

(5)(a) Once a completed application packet is received by the division, the packet shall be reviewed to determine if the applicant meets the requirements in Sections 53-6-203 or 53-6-302.

(b) If the division does not have sufficient information to make this determination, the division may request the applicant provide additional information.

(6)(a) In determining whether an applicant has demonstrated good moral character as required by Sections 53-6-203 or 53-6-302, the division shall conduct a criminal history background check of local, state, and national criminal history files to determine if the applicant has a criminal record.

(b) An applicant with a criminal history that contains any of the following shall be denied entrance into a training program and shall not receive certification:

(i) a conviction of a felony under state or federal law in this or any other state;

(ii) dismissal from the armed services under dishonorable conditions; or

(iii) a conviction of domestic violence, unless the conviction has been expunged or set aside.

(c) An applicant who has been convicted of, or involved in conduct which is a state or federal criminal offense, may not be allowed to attend a basic training program or receive POST certification for a period of time consistent with the POST Council disciplinary guidelines as approved by the council on June 5, 2013.

(i) The waiting period shall run from the date of the involvement, unless the applicant is still under court supervision (i.e. probation) for the violation, in which case the applicant will not be allowed to make application until the probation has been successfully completed or the applicant is no longer under court supervision.

(ii) Waiting periods shall run consecutively for applicants who have been convicted of or involved in multiple violations.

(d) Any activity involving the abuse of alcohol or drugs may be considered in determining whether an applicant will be allowed to attend a basic training program or receive POST certification.

(e) An applicant convicted of or involved in minor crimes not otherwise identified in this rule, including traffic violations that reflect a willful disregard for lawful behavior as evidenced by repetitiveness of conduct or other aggravating factors, shall not be allowed to attend a basic training program or receive POST certification prior to one year from the latest conviction or involvement.

(i) In cases where arrest warrants are issued, the one-year waiting period will begin at the time the warrant is served on the applicant.

(f) If an applicant is found to have falsified any information to gain admittance into a basic training program, a two-year waiting period shall be applied from the date the division becomes aware of the falsification.

(i) If the information falsified is covered by other sections of this rule, (i.e., state or federal criminal offense) and a specific waiting period is required, the division shall require the applicant to wait the longer of the two periods. Waiting periods will not be combined to run consecutively.

(ii) If an applicant completes the basic training program and prior to taking the certification examination the division becomes aware of a falsification, the applicant shall not be allowed to take the certification examination.

(iii) An applicant who is dismissed during the course of a basic training program for falsifying any information to obtain certification shall not be eligible for further POST training or certification until the two-year waiting period has been met.

(iv) If an applicant becomes certifiable and then is subsequently discovered to have falsified information to obtain certified status, that individual may be subject to suspension of their POST certification.

(7) If the applicant is the subject of an ongoing investigation by the division, the applicant shall not be deemed eligible to attend a training program until the investigation is completed.

(8) If the division determines that the applicant meets all of the requirements in Sections 53-6-203 or 53-6-302, the division shall notify the applicant that the applicant is eligible to attend a training program.

(9) If the division determines that the applicant does not meet the requirements in Sections 53-6-203 or 53-6-302, the applicant shall be denied admission to a training program.

(10) Applicants who are accepted into a peace officer training program shall pass the POST physical fitness requirements for entrance into the specific training program as approved by the Council and outlined in POST policy and procedure 2390-Physical Training Requirements.

(11) Applicants who are accepted into a peace officer training program shall be subject to random and "for cause" drug testing as outlined in POST policy and procedure 2400-Drug Testing for Applicants and Cadets.

(12) Applicants seeking dispatcher certification must also provide evidence of:

(a) Utah Emergency Medical Dispatcher (EMD) certification;

(b) Bureau of Criminal Identification (BCI) proficiency certificate; and

(i) Incident Command System (ICS) 100 training;

(ii) ICS 200 training; and

(iii) National Incident Management System (NIMS) 700 training.

R728-403-5. Completion of a Training Program

Latest version.

(1) An applicant successfully completes the training program by:

(a) attending all required training courses;

(b) obtaining passing scores on all intermediate and subject specific tests; and

(2) Applicants shall be subject to all officially published policy at the training academy they attend.

(3) An applicant who fails to complete any portion of the academic training program may not take the certification examination.

(4) An applicant may take the certification examination prior to passing the physical fitness, defensive tactics, firearms, or emergency vehicle operations tests.

(5) An applicant who is unable to pass the physical fitness, defensive tactics or firearms tests, within one year after completing the training program or within one year of taking the certification examination shall be denied certification.

(6) An applicant who is unable to pass the emergency vehicle operations tests within one year from completion of the emergency vehicle operations training program shall be denied certification.

(7) An applicant who fails the certification examination shall have one opportunity to take a make-up examination within one year of the first examination.

(a) An applicant who fails the certification examination after two attempts shall be denied certification and shall not be permitted to take the certification examination again until the applicant satisfactorily completes another approved basic training program.

(8) An applicant who successfully completes the training program shall be certified as a peace officer in the state of Utah.

R728-403-6. Waiver of Basic Training Program

Latest version.

(1) An applicant who has not attended a training program offered by the division or a satellite academy, may seek to waive a training program by submitting a completed waiver packet to the division, which includes:

(a) a completed application packet as provided in R728-403-4;

(b) documentation showing that the applicant has completed training equivalent to the training program the applicant is seeking to waive, such as:

(i) a copy of the training curriculum;

(ii) the number of hours completed; and

(iii) the date the training was completed; and

(i) a detailed job description; and

(ii) verification from the applicant's employer of the last date the applicant worked as a dispatcher or peace officer.

(2) Once the division has received a completed waiver packet, the division shall review the packet to determine if the training completed by the applicant is the equivalent of the training program the applicant seeks to waive.

(a) If the division does not have sufficient information to make this determination, the division may request that the applicant submit additional information.

(3) If the division determines the peace officer training completed by the applicant is the equivalent of the peace officer training program the applicant seeks to waive, and the program was completed less than four years prior to the date the applicant will take the certification examination, or the applicant has been actively engaged in performing the duties of a peace officer within the past four years, and the applicant meets all of the requirements in R728-403-4 and Sections 53-6-203 and 53-6-206, the applicant may take the physical fitness test and the certification examination.

(a) If the applicant passes both the physical fitness test and the certification examination, the applicant shall be certified as a peace officer in the state of Utah.

(b) If the applicant fails to pass the certification examination, the applicant shall be given one additional opportunity to pass the certification examination, which must be completed within one year of the first examination.

(c) An applicant who fails the certification examination after two attempts shall be denied certification and shall not be permitted to take the certification examination again until the applicant satisfactorily completes an approved basic training program.

(d) If the applicant fails to pass the physical fitness test, the applicant may be given additional opportunities to pass during regularly scheduled fitness tests provided by POST.

(e) The applicant must pass the certification examination and the physical fitness test within four years from the date of completion of the original training program, or four years from the date they were last actively engaged in the duties of a peace officer.

(f) An applicant who successfully completes the waiver process for law enforcement officer certification or correctional officer certification shall be deemed to have also completed requirements for special functions officer certification.

(g) An applicant seeking to be certified as both a law enforcement officer and a correctional officer must complete the waiver process and pass the certification examinations for each of those peace officer classifications.

(4) If the division determines that the dispatcher training completed by the applicant is the equivalent of the training program the applicant seeks to waive, and the program was completed less than four years prior to the date the applicant will take the certification examination, or the applicant has been actively engaged in performing the duties of a dispatcher within the past four years, and the applicant meets all of the requirements in R728-403-4 and Sections 53-6-302 and 53-6-304, the applicant may take the certification examination.

(a) If the applicant passes the certification examination, the applicant shall be certified as a dispatcher in the state of Utah.

(5) If the applicant fails to meet any of the requirements set forth in this rule, the applicant may not waive the training program.

R728-403-7. Reactivation of Certification

Latest version.

(1) Pursuant to Section 53-6-208 or 53-6-306, the certification of a peace officer or dispatcher who has not been actively engaged in performing the duties of a peace officer or dispatcher for 18 months shall be designated "inactive".

(a) The certification of a peace officer or dispatcher that has been suspended for more than 18 consecutive months due to disciplinary action or failure to complete in-service training shall be considered "inactive".

(2) An applicant whose certification has become inactive may reactivate the applicant's peace officer or dispatcher certification by submitting a completed reactivation packet to the division, which includes:

(a) a completed application packet as provided in R728-403-4; and

(b) evidence of the applicant's prior employment as a dispatcher or peace officer.

(3) Once the division has received a completed reactivation packet, the division shall review the packet to determine if the applicant meets all of the requirements in Sections 53-6-203 and 53-6-208, or 53-6-302 and 53-6-306.

(a) If the division does not have sufficient information to make this determination, the division may request the applicant submit additional information.

(4) If an applicant for reactivation of peace officer certification meets all of the requirements in Sections 53-6-203 and 53-6-208, the applicant may take the physical fitness test and the certification examination as provided in R728-403-5.

(a) If the applicant passes both the physical fitness test and the certification examination, the applicant shall be certified as a peace officer in the state of Utah.

(d) If an applicant fails to pass the physical fitness test, the applicant may be given additional opportunities to pass during regularly scheduled fitness tests provided by POST.

(4) If an applicant for reactivation of dispatcher certification meets all of the requirements in Sections 53-6-302 and 53-6-306, the applicant may take the certification examination, as provided in R728-403-5.

(a) If the applicant passes the certification examination, the applicant shall be certified as a dispatcher in the state of Utah.

(b) If the applicant fails to pass the certification examination they will be given one additional opportunity to pass the certification examination which must be completed within one year of the first examination.

(c) An applicants who fails the certification examination after two attempts shall be denied certification and shall not be permitted to take the certification examination again until the applicant satisfactorily complete an approved basic training program.

(5) If the applicant for reactivation of peace officer or dispatcher certification fails to meet any of these requirements, the applicant's certification may not be reactivated.

(6) The certification of a peace officer or dispatcher that has been suspended or inactive for more than four consecutive years shall be considered "lapsed" and the peace officer or dispatcher shall comply with the requirements in Section 53-6-208 or 53-6-306 before certification may be reinstated.

R728-403-8. Denial of Certification

Latest version.

(1) An applicant shall be denied certification for failing to satisfy any of the requirements under administrative rule R728-403.

(2) An applicant who is the subject of an ongoing investigation by the division, or who is under court supervision for a state or federal criminal offense, may not be certified until the investigation has been completed and/or the court supervision has been terminated.

(3) If the division denies an applicant certification, the division shall issue a letter of denial by mail.

(a) The letter of denial shall state the reasons for denial and indicate that the applicant may appeal the decision to the director by filing a written request for review within 30 days from the date of the division's decision as provided by Section 63G-4-301.

(b) Within a reasonable time after receiving the appeal, the director shall review the matter and determine whether the applicant may be certified.

(c) If upon further review the director denies the applicant's appeal, the director shall notify the applicant by letter and indicate that the applicant has the right to appeal the director's decision by filing a petition for judicial review within 30 days as provided in Section 63G-4-402.

(4) An applicant who has been denied certification shall meet all of the requirements in this rule before being certified.

(5) All adjudicative proceedings under this rule shall be informal according to the provisions in Sections 63G-4-202 through 63G-4-203.