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- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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).
- 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.
- 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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