Public Safety, Peace Officer Standards and Training

Rule R728-409

Suspension or Revocation of Peace Officer Certification

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 35563
Filed: 12/21/2011 01:01:33 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

This rule is authorized by Subsection 53-6-105(1)(k) which provides that the director shall, with the advice of the council, make rules necessary to administer Title 53, Chapter 6, and Section 53-6-211 which provides the council has authority to suspend or revoke the certification of a peace officer.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No public comments regarding this rule have been received since the rule was repealed and reenacted in 2010.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule establishes procedures which must be followed when a peace officer is accused of misconduct in violation of Section 53-6-211. It is necessary to continue this rule in order to ensure due process is followed in any case involving the possible suspension or revocation of a peace officer.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

• Kelly Sparks at the above address, by phone at 801-256-2321, by FAX at 801-256-0600, or by Internet E-mail at [email protected]

Authorized by:

Scott Stephenson, Director

Effective:

12/21/2011