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Regulation 1010

Certification of Law Enforcement Officers (All Officers)

  1. Certification Required

    No individual shall serve, be employed or otherwise function as a law enforcement officer in the State who is not certified by the Commission at the appropriate classification for the position held by the individual, except, an individual may serve, be employed or otherwise function as a law enforcement officer for a term of one year from his initial employment or appointment as a law enforcement officer. Upon the finding of extraordinary circumstances, the Commission, by majority vote, may extend this period by a maximum of eight (8) months, for an absolute maximum period of twenty (20) months. (See Regulation 1008 for exceptions.) All requests for extensions must be submitted and received by the Commission prior to the end of the 12 month period, or any extension thereof.

  2. Certificates may be issued by the Commission for the purpose of raising the level of competence of law enforcement, to recognize completion of training and education and to foster cooperation among the Commission, agencies, groups, organizations, jurisdictions and individuals.

  3. Certificates remain the property of the Commission and the Commission shall have the power to revoke or recall any certificate as provided in the Act.

    1. The Commission may revoke the certification of any law enforcement officer after written notice and hearing for any of the following reasons:

      (i) The law enforcement officer was separated from his or her employment due to a failure to meet the minimum qualifications for employment or appointment as a law enforcement officer.

      (ii) The law enforcement officer left employment due to conduct or involvement in any act which is punishable by law.

      (iii) The law enforcement officer was dismissed from employmnet for a violation of the Rules or Regulations of the law enforcement agency for which he was employed.

      (iv) The law enforcement officer resigned while he was the subject of a pending internal investigation.

      (v) The law enforcement officer falsified any information required to obtain certification.

      (vi) The certification was issued in error or mistake by the Commission.

      (vii) The individual has ceased to meet the minimum standards for employment or appointment as established by Regulation 1002.

      (viii) The violation of the law enforcement code of ethics as set out in Specification S-21.

    2. The Commission shall notify in writing any certified individual when the Commission believes there is a reasonable basis for revoking certification of the individual. The notice shall specify the basis of the revocation under this Act. If the individual requests a hearing within twenty (20) days after the date of notice, a hearing shall be held within sixty (60) days after the date of the request. The individual shall be notified within ten (10) days after the receipt of the request of the time and place set for the hearing. The hearing shall be confined to the basis stated in the notice. The individual is entitled to be present at the hearing, to examine witnesses and to be assisted by counsel. Within twenty (20) days after the date of completion of the hearing, the Commission shall give the individual written notice of its findings. If it finds grounds for revocation of the certification, it shall enter its order stating what the grounds are for revoking certification. If it finds that inadequate or no grounds exist, it shall dismiss the proceedings.

    3. Should any portion of this procedure ever be in conflict with any provisions of the State Administrative Procedures Act, the State Administrative Procedures Act will be followed in every case.

    4. Should an officer lose certification or become ineligible for employment or training as a direct result of the employing agency's failure to take any other action required by the Commission, the officer may within ten (10) days after notification that certification has expired, request a hearing before the Commission. If the Commission finds that the loss of certification is through no fault of the officer, but is the result of the employing agency's failure to comply, the Commission may at its discretion extend the period of time set out in Regulation 1003 (4) by sixty (60) days from the date of the hearing.

      During the sixty (60) day extension period, the officer will be scheduled for the required training course.

    5. The certification of any law enforcement officer shall expire if the officer does not serve as a law enforcement officer for six (6) consecutive months.

    6. An individual who has had his certification revoked by the Commission shall not be eligible to regain certification until such time as the Commission, at its discretion and by majority vote, is satisfied that the individual is eligible for recertification.

  4. Basic, General, Intermediate, Advanced and Senior Certificates are established for the purpose of fostering professionalization, education, and experience necessary to adequately perform the duties of the law enforcement service. Requirements for the Basic, General, Intermediate, Advanced and Senior certificates are prescribed in Specification S-15, Certification of Law Enforcement Officers.

  5. Part-Time I Law Enforcement Officer, Part-Time II Law Enforcement Officer, Specialized Police Personnel and Auxiliary Law Enforcement Officer certificates are established for the purpose of recognizing those officers in these classifications who have met the required minimum selection and training standards as provided for in this manual (See Specification S-15 and S-20).

  6. When determination of "eligibility for certification" of officers elected by a vote of the people as defined by Act 452 of 1975 becomes necessary for establishing qualifications to apply for, file for, or hold certain positions or elective office as required by law, procedures described in Specification S-15/5 shall apply.

  7. When requested by the School Director/Coordinator, certificates of attendance will be issued by the Commission to those completing certified courses with twenty (20) or more hours of classroom instruction; however, School Director/Coordinators are encouraged to issue certificates developed by course sponsors. Form F-6 may also be used in lieu of a certificate.

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