DAR File No. 40536

Public Safety, Peace Officer Standards and Training

Rule R728-410

Guidelines Regarding Failure To Obtain Annual Statutory Training

Notice of Proposed Rule

(Repeal and Reenact)

DAR File No.: 40536
Filed: 06/23/2016 07:17:38 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is outdated and requires revision and update.

Summary of the rule or change:

The changes include revising guidelines for annual statutory training and guidelines for reporting annual training to appropriately outline current requirements and procedures; defining the terms "annual statutory training"," in-service training", "reporting year", and "training year" in Section R728-410-3; outlining provisions for a waiver of the required training for peace officers or dispatchers in Section R728-410-4; outlining the requirements for training record maintenance by a chief administrative officer for peace officers or dispatchers employed within their agency Section R728-410-5; outlining the requirement to report completion of required training to the division in Section R728-410-6; indicating in Section R728-410-7 that all training offered by the division is authorized for in-service credit, and that a chief administrative officer of an agency can authorize other forms of training for it's peace officers and dispatchers; and outlining in Section R728-410-8 the provisions for suspension of the certification of a peace officer or dispatcher for failure to complete required training, and requirements for reinstatement of the certification.

State statutory or constitutional authorization for this rule:

• Section 53-6-105
• Section 53-6-202
• Section 53-6-211

Anticipated cost or savings to:

the state budget:

There are no costs or savings to the state budget as a result of the repeal and reenactment of this rule because the rule has been updated to include current procedures regarding statutorily required annual training for peace officers and dispatchers, and to outline existing training record maintenance and reporting requirements to be fulfilled by the chief administrative officer of an agency.

local governments:

Repealing and reenacting this rule will not have an impact on local government budgets because the rule has been updated to include current procedures regarding statutorily required annual training for peace officers and dispatchers, and to outline existing training record maintenance and reporting requirements to be fulfilled by the chief administrative officer of an agency.

small businesses:

Repealing and reenacting this rule will not have a fiscal impact on small businesses because the rule has been updated to include current procedures regarding statutorily required annual training for peace officers and dispatchers, and to outline existing training record maintenance and reporting requirements to be fulfilled by the chief administrative officer of an agency.

persons other than small businesses, businesses, or local governmental entities:

The repealing and reenacting of this rule will not impact other persons not mentioned in this section because the rule has been updated to include current procedures regarding statutorily required annual training for peace officers and dispatchers, and to outline existing training record maintenance and reporting requirements to be fulfilled by the chief administrative officer of an agency.

Compliance costs for affected persons:

There are no compliance costs associated with the repealing and reenacting of this rule because the rule has been updated to include current procedures regarding statutorily required annual training for peace officers and dispatchers, and to outline existing training record maintenance and reporting requirements to be fulfilled by the chief administrative officer of an agency.

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

I have reviewed this rule and found that repealing and reenacting the rule will not have a fiscal impact on businesses.

Keith D. Squires, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Office 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:

• 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]
• Wade Breur at the above address, by phone at 801-256-2329, by FAX at , or by Internet E-mail at [email protected]
• Kim Gibb at the above address, by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at [email protected]

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:

08/15/2016

This rule may become effective on:

08/22/2016

Authorized by:

Scott Stephenson, Director

R728. Public Safety, Peace Officer Standards and Training.

[R728-410. Guidelines Regarding Failure To Obtain Annual Statutory Training.

R728-410-1. Authority.

This rule is authorized by Subsection 53-6-105(k).

 

R728-410-2. Suspension for Failure to Obtain Annual Statutory Training.

A. If an individual maintaining peace officer certification or authority under Title 53, Chapter 13 Utah Code Annotated, fails to obtain 40 hours of approved training as provided under Subsection 53-6-202(4), Utah Code Annotated, the peace officer's powers will be suspended until such time as the peace officer has:

1. obtained the 40 hours of training required for the deficient training year; or

2. if deficient more than one year, successfully complete the certification examination as indicated:

a. peace officers maintaining peace officer designation shall successfully complete the peace officer designation certification examination.

b. peace officers maintaining correctional officer certification or authority shall successfully complete the correctional officer certification examination.

c. peace officers maintaining peace officer certification or authority as a reserve officer and special function officer, shall successfully complete the reserve/special function officer certification examination.

d. peace officers maintaining more than one peace officer designation (i.e., correctional officer and peace officer designation; or special function officer and peace officer designation) shall be required to successfully complete the peace officer certification examination.

e. peace officers maintaining Reserve, Level II/Special Function Officer designation and Correctional Officer designation shall be required to successfully complete the certification examination applicable to their primary law enforcement employer.

f. peace officers maintaining Reserve Officer, Level I authority shall successfully complete the peace officer designation certification examination.

B. Any peace officer who fails to acquire 40 hours of approved annual training shall be prohibited from exercising peace officer powers until the required training is completed and reported to the division;

1. upon notification of deficient training by the employing agency, the division shall notify the peace officer and the employing agency before peace officer powers are suspended by the division. This will allow an opportunity for the deficient peace officer to explain the training deficiency or failure to report training to the division, and shall provide due process for the peace officer.

2. upon becoming aware that a peace officer is deficient in the 40 hour training requirement, the employing agency shall comply with (B) above.

3. peace officers who fail to acquire the 40 hours of annual training shall be notified by the division that their peace officer powers have been suspended. Notification by the division may be made orally or in writing. If notification is made orally, written notification shall be completed as soon as possible.

4. if the annual training requirement is completed and reported to the division after the suspension has been issued by the division, the peace officer shall be notified, in writing, that peace officer powers have been reinstated before the peace officer is allowed to resume peace officer duties and functions.

C. Any peace officer who fails to acquire 40 hours of training for two consecutive years will have his peace officer certification or authority designated "inactive" as per Utah Code Annotated, Section 53-6-202.

D. Any peace officer found to be exercising peace officer powers after notification from the division that peace officer powers have been suspended shall be subject to the provision of Rule R728-411. ]

R728-410. Guidelines Regarding Annual Statutory Training.

R728-410-1. Authority.

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.

 

R728-410-2. Purpose.

The purpose of this rule is to provide procedures regarding the reporting of annual statutory training.

 

R728-410-3. Definitions.

(1) Terms used in this rule are defined in Section 53-6-102.

(2) In addition:

(a) "Annual statutory training" means the annual training requirement for peace officers and dispatchers as established in sections 53-6-202 and 53-6-306;

(b) "In-service training" has the same meaning as annual statutory training;

(c) "Reporting year" means an annual period starting on July 1, and ending on June 30; and

(d) "Training year" means the same as reporting year.

 

R728-410-4. Annual Training Requirement.

(1) The director may waive a portion of the annual statutory training requirement under the following circumstances:

(a) a peace officer who is employed for only part of a year shall obtain three and one-half hours for each month employed during the reporting year;

(b) a dispatcher who is employed for only part of a year shall obtain one and three-fourth hours for each month employed during the reporting year; and

(c) a peace officer or dispatcher who terminates employment and then returns to work within 18 months shall be required to make up any annual training deficiency from the previous year.

(d) A peace officer or dispatcher who is on long term disability, medical leave, or restricted duty, may obtain a waiver of training by providing a letter from a physician stating that participation in any type of training, including watching video or computer based courses would be detrimental to the individual's health.

(e) A peace officer or dispatcher who is actively deployed in military service may obtain a waiver of training hours for active military service by submitting a copy of the active duty order to the division.

(i) The peace officer or dispatcher must obtain the prorated number of training hours for each month not actively deployed during the reporting year.

 

R728-410-5. Training Record Maintenance.

(1) The chief administrative officer of an agency employing peace officers or dispatchers shall be responsible for the recording of all training obtained by peace officers or dispatchers in his or her agency.

(2) The record must be accurate and available in the event of an audit or subpoena of training records.

(3) The training record shall contain the following:

(a) the subject or topic instructed;

(b) the number of classroom or field hours;

(c) the location and date of the training; and

(d) the name of the instructor.

 

R728-410-6. Reporting Training -- Agency Responsibility.

(1) At the conclusion of each training year, a chief administrative officer employing peace officers or certified dispatchers shall report to the division the number of training hours received by each officer or certified dispatcher employed by that agency at any time during the training year, regardless of the employee's current employment status.

(2) This report is due to the division by July 31.

(a) The report shall be submitted electronically and must contain the following information:

(i) name of the officer or dispatcher;

(ii) the POST identification number of each peace officer or dispatcher; and

(iii) the number of training hours received by each peace officer or dispatcher during the reporting year.

(3) The chief administrative officer shall follow procedures outlined in POST policy and procedures on reporting training hours.

 

R728-410-7. Authorized Training.

(1) All training offered by or though the division is authorized for in-service credit.

(2) The chief administrative officer of an agency may authorize other forms of training for peace officers or dispatchers employed by that agency.

(a) The chief administrative officer shall assume responsibility and liability for course content and instructor qualification not provided by the division.

 

R728-410-8. Suspension for Failure to Obtain Annual Statutory Training.

(1) The division shall suspend the certification of any peace officer or dispatcher who:

(a) fails to receive the required annual training hours by July 31; or

(b) for whom the chief administrative officer of the employing agency fails to report required training hours to the division by July 31.

(2) The individual and the employing agency shall be notified of this action in writing.

(3) The suspension shall remain in effect until the deficient training hours are completed and reported to the division.

(4) The division shall notify the individual and employing agency when the certification has been reinstated.

(5) If the individual fails to make up the deficient training by October 1, the individual's name shall be reported to Utah Retirement Systems (URS) for determination by URS as to how the deficient hours may affect the individual's retirement credit.

(a) Deficient hours reported to the division after October 1, shall only be used to reinstate peace officer status and will not be reported to URS.

(6) Training received by a suspended officer or dispatcher in a new training year shall be credited to the previous deficient training year until the deficiency is satisfied.

(a) Training hours used to satisfy an old deficiency may not be credited to the new training year.

 

KEY: law enforcement officers, annual training

Date of Enactment or Last Substantive Amendment: [April 15, 1997]2016

Notice of Continuation: December 21, 2011

Authorizing, and Implemented or Interpreted Law: 53-6-105; 53-6-202; [53-6-211; 53-13]; 53-6-306