Public Safety, Peace Officer Standards and Training

Rule R728-411

Guidelines Regarding Administrative Action Taken Against Individuals Functioning As Peace Officers Without Peace Officer Certification Or Powers

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 35627
Filed: 01/06/2012 10:39:19 AM

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.

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 last five-year review.

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 guidelines which must be followed when an employee of a public safety agency is found to be performing the duties and functions of a peace officer without certification or authority as required by Title 53, Chapter 13, Utah Code Annotated. It is necessary to continue this rule in order to ensure proper process are followed in any case involving an individual acting as a peace officer without proper authority or an annual training deficiency 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:

01/06/2012