DAR File No. 29147

Public Safety, Peace Officer Standards and Training

R728-401-3

Procedures for Course Validation

NOTICE OF PROPOSED RULE

DAR File No.: 29147
Filed: 10/23/2006, 01:48
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to update and reword some language in the rule so it conforms with how the process is currently administered.

Summary of the rule or change:

The rule will have several changes, There will be some rewording of sentences. There are changes to deadlines. There are changes to give satellite and agency academies more opportunity to provide their own final testing. The agency and satellite academies will have a change to require annual on-site audits.

State statutory or constitutional authorization for this rule:

Section 53-6-105

Anticipated cost or savings to:

the state budget:

The amendments to this particular rule will not drastically effect the way Peace Officer Standards and Training (POST) approves the certification of Peace Officers. Therefore, there will not be a fiscal impact due to this rule amendment.

local governments:

The amendments to this particular rule will not drastically affect the way POST approves the certification of Peace Officers. Therefore, there will not be a fiscal impact due to this rule amendment.

other persons:

The amendments to this particular rule will not drastically affect the way POST approves the certification of Peace Officers. Therefore, there will not be a fiscal impact due to this rule amendment.

Compliance costs for affected persons:

The amendments to this particular rule will not drastically affect the way POST approves the certification of Peace Officers. Therefore, there will not be a fiscal impact due to this rule amendment.

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

This rule amendment will not have a fiscal impact on businesses. 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
4525 S 2700 W
SALT LAKE CITY UT 84119

Direct questions regarding this rule to:

Steve Winward at the above address, by phone at 801-965-4373, by FAX at 801-965-4910, or by Internet E-mail at swinward@utah.gov

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:

12/18/2006

This rule may become effective on:

01/08/2007

Authorized by:

Rich Townsend, Director

R728. Public Safety, Peace Officer Standards and Training.

R728-401. Requirements For Approval and Certification of Peace Officer Basic Training Programs and Applicants.

R728-401-3. 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 will pass the POST entrance level test. [It is the position of POST that reading comprehension, basic mathematic skills, and basic grammar and writing skills are essential functions of peace officers. ]The POST entrance level test is a valid test used to demonstrate ability in [these areas.]the areas of reading comprehension, basic mathematic skills, basic grammar and writing skills.

C. All applicants will complete the POST application packet. POST must receive application packets 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 requirements will be completed and submitted to POST before training begins.

1. Sponsored applicants - The sponsoring agency will complete the background investigation and insure that the requirements in Section 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 Section 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 will adhere to the following guidelines when providing POST with application packets.

a. Check applications 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. Provide POST with applications 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. Provide POST with a schedule of classes and instructors.

d.]c. Bring to POST's attention any information provided in the application that should be examined closely in light of the provisions outlined in Section 53-6-203 and R728-403.

D. Equipment required to perform training must be furnished by the sponsoring agency or program. Equipment must meet POST standards.

Note: Any applicant denied by POST may appeal the decision by following the approved POST appeal process.

E. All instructors must be POST certified, and approved to instruct in their assigned topic(s).

F. Lesson plans for each topic must be prepared in accordance with the currently approved student performance objectives. Instructors must read and sign Contractual Agreement Form[Form #77/1/89 (Performance Objectives Agreement)] indicating they are aware of and are willing to teach the POST approved performance objectives.

G. 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, requires a minimum score of 80% to pass the test.[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. The final physical assessment test will also be given by POST.] Requirements necessary to pass the physical assessment test are set by POST and approved by the POST Council.

H. Attendance rosters are to 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]two days of the police academy 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. Emergency Vehicle Operation

7. Vehicle Operation Liability

8. Vehicle Operation Practical

9. Arrest Control Techniques (practical exam)

10. Firearms Safety

11. Firearms Range/Day Shooting (qualification only)

12. Firearms Range/Night Shooting

13. Reasonable Force

14. Firearms Decision Making

15. Crimes-In-Progress (practical only)

I. Sponsoring agencies and programs must ensure that students possess a valid driver license when involved in any training that requires the operating of a motor vehicle. POST recommends that driver license checks be made through the State Division of Driver License.

J. Successful completion of the course and completion of all POST required paperwork is necessary before certification or certifiability will be granted. The paperwork must be submitted to POST within two weeks of completion of the course.

K. [Upon completion of the training program, sponsoring agencies and programs will contact POST and make arrangements for the Certification and Physical Assessment Exams 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. Anyone failing the Physical Assessment Exam will have four years to meet the requirements.

L. POST will conduct annual audits and site visits for each satellite or agency academy to verify that they are conforming to POST standards.

[L.]M. 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.

[M.]N. No person may function with any authority until he has satisfactorily completed an approved training program and received POST certification.

 

KEY: law enforcement officers, peace officer basic course[*], approval[*]

Date of Enactment or Last Substantive Amendment: [April 15, 1997]2007

Notice of Continuation: October 3, 2002

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