Utah Administrative Code
The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).
NOTE: For a list of rules that have been made effective since May 1, 2012, please see the codification segue page.
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Rule R728-405. Drug Testing Requirement.
As in effect on May 1, 2012
Table of Contents
- R728-405-1. Authority.
- R728-405-2. Purpose.
- R728-405-3. Procedure.
- R728-405-4. Failure to Pass Drug Test.
- KEY
- Date of Enactment or Last Substantive Amendment
- Notice of Continuation
- Authorizing, Implemented, or Interpreted Law
R728-405-1. Authority.
This rule is authorized by Sections 53-6-105, 53-6-203, and 53-6-211.
R728-405-2. Purpose.
A. Peace Officer Standards and Training has a compelling interest in ensuring that every student attending a basic peace officer training course, who may become certified and sworn to uphold the law, be drug free.
B. When peace officers and potential peace officers participate in illegal drug use and drug activity, the integrity of the police profession is diminished and public confidence is destroyed.
C. In order to protect the citizens of the State of Utah, to preserve public trust and confidence in a fit and drug free peace officer profession, and to maintain the credibility of peace officer training academies, Peace Officer Standards and Training shall implement a drug testing program.
R728-405-3. Procedure.
A. Applicants accepted to a POST approved basic peace officer training program will be tested some time during the POST training curriculum.
B. Testing will be done by following the POST drug testing policy. The policy outlines the specimen collection procedures, drug testing methodology, and other information and requirements pertinent to such a policy.
R728-405-4. Failure to Pass Drug Test.
A. Students attending an academy will be dismissed if drug testing indicates a positive result considered by a medical review officer to be a result of intentional ingestion of an illegal drug.
B. Students who are dismissed may appeal the denial or dismissal by following the procedures outlined in the POST policy and procedure manual. Appeal procedures may be obtained in written form at POST.
KEY
law enforcement officers, drug testing, drug testing programs
Date of Enactment or Last Substantive Amendment
September 27, 2002
Notice of Continuation
December 21, 2011
Authorizing, Implemented, or Interpreted Law
53-6-105; 53-6-203
Rule converted into HTML by the Division of Administrative Rules.
For questions regarding the content or application of rules under Title R728, please contact the promulgating agency (Public Safety, Peace Officer Standards and Training). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.
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