DAR File No. 31930

Public Safety, Peace Officer Standards and Training

R728-403-2

United States Citizenship Requirement

NOTICE OF PROPOSED RULE

DAR File No.: 31930
Filed: 09/04/2008, 02:27
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment to change the options for naturalized citizens applying to POST to prove citizenship.

Summary of the rule or change:

The amendment will allow naturalized citizens to use a United States passport in addition to a Naturalization number to prove United States citizenship.

State statutory or constitutional authorization for this rule:

Subsection 53-6-105(k)

Anticipated cost or savings to:

the state budget:

The amended change will not have a cost or savings to the state budget because applicants that apply for the academy do not pay or receive money to the state for applying for the academy.

local governments:

The amended change will not have a cost or savings to local government because applicants sponsored by local agencies are not required to pay and do not receive money to apply to the academy.

small businesses and persons other than businesses:

The amended change will not have a cost or savings to small businesses because small businesses are not involved in the application process for POST.

Compliance costs for affected persons:

The amended change will not have a compliance cost for any affected person. The option to have either a United States passport or a naturalization card gives more options to a naturalized citizen to prove citizenship to apply for the academy.

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

The amendment to this rule 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
410 W 9800 S
SANDY UT 84070

Direct questions regarding this rule to:

Steve Winward at the above address, by phone at 801-256-2326, by FAX at 801-256-0600, 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:

10/31/2008

This rule may become effective on:

11/10/2008

Authorized by:

Scott T Duncan, Commissioner

R728. Public Safety, Peace Officer Standards and Training.

R728-403. Qualifications For Admission To Certified Peace Officer Training Academies.

R728-403-2. United States Citizenship Requirement.

The applicant shall be a United States citizen.

A. The applicant shall provide the division proof of United States citizenship by providing a copy of birth certificate, or other formal government document indicating United States citizenship.

[B. Naturalized citizens shall indicate their naturalization number on the application for peace officer training and certification. Naturalized citizens shall not attach a copy of their naturalization certificate, whereas copying naturalization certificates without permission is a violation of federal law.]B. Naturalized citizens shall provide proof of U.S. citizenship.

1. Naturalized citizens may indicate their naturalization number on the application for peace officer training and certification. Naturalized citizens shall not attach a copy of their naturalization certificate, whereas copying naturalization certificates without permission is a violation of federal law or;

2. Naturalized citizens may indicate the number of their United States passport on the application for peace officer training and certification. The applicant shall attach a photocopy of their United States Passport to the application.

 

KEY: law enforcement officers, qualifications for training[*]

Date of Enactment or Last Substantive Amendment: [April 15, 1997]2008

Notice of Continuation: February 26, 2007

Authorizing, and Implemented or Interpreted Law: 53-6-203; 53-6-211