R728-403-6. Waiver of Basic Training Program

  (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

  (c) evidence of any prior employment as a dispatcher or peace officer that includes:

  (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.

  (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.

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