Public Safety, Peace Officer Standards and Training

Rule R728-408

POST Academy and the Emergency Vehicle Operations Range are Secure Facilities

Notice of Proposed Rule

(Repeal)

DAR File No.: 35568
Filed: 12/21/2011 02:59:42 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule was intended to regulate the possession of firearms in the Peace Officer Standards and Training Facility. Since the original rule was adopted, the training facility has moved into a mixed purpose building with more open public access. The change in facility has made this rule obsolete and it is the intention of the division to repeal this rule.

Summary of the rule or change:

This rule is repealed in its entirety.

State statutory or constitutional authorization for this rule:

• Section 76-8-311.1

Anticipated cost or savings to:

the state budget:

This rule regulates the possession of a firearm in the Peace Officer Standards and Training Facility. Since the original rule was adopted, the training facility has moved into a mixed purpose building with more open public access. The change in facility has made this rule obsolete. During the history of this rule, there was no cost associated with its implementation or maintenance. The repeal of this rule will not require that any action be taken on the part of state government and so the repeal of this rule will have no anticipated cost or saving to state government.

local governments:

This rule regulates the possession of a firearm in the Peace Officer Standards and Training Facility. Since the original rule was adopted, the training facility has moved into a mixed purpose building with more open public access. The change in facility has made this rule obsolete. During the history of this rule, there was no cost associated with its implementation or maintenance. The repeal of this rule will not require that any action be taken on the part of local government and so the repeal of this rule will have no anticipated cost or saving to local government.

small businesses:

This rule regulates the possession of a firearm in the Peace Officer Standards and Training Facility. Since the original rule was adopted the training facility has moved into a mixed purpose building with more open public access. The change in facility has made this rule obsolete. During the history of this rule there was no cost associated with its implementation or maintenance. The repeal of this rule will not require that any action be taken on the part of small businesses and so the repeal of this rule will have no anticipated cost or saving to small business.

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

This rule regulates the possession of a firearm in the Peace Officer Standards and Training Facility. Since the original rule was adopted, the training facility has moved into a mixed purpose building with more open public access. The change in facility has made this rule obsolete. During the history of this rule, there was no cost associated with its implementation or maintenance. The repeal of this rule will not require that any action be taken on the part of any person and so the repeal of this rule will have no anticipated cost or saving to any person.

Compliance costs for affected persons:

This rule is being repealed. The repeal will not require any action be taken on the part of any person. There are no compliance requirements, therefore there are no compliance costs associated with the repeal of this rule.

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

The repeal of this rule will have no fiscal impact on businesses.

Lance Davenport, 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:

• Kelly Sparks at the above address, by phone at 801-256-2321, by FAX at 801-256-0600, or by Internet E-mail at ksparks@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:

02/15/2012

This rule may become effective on:

02/22/2012

Authorized by:

Scott Stephenson, Director

R728. Public Safety, Peace Officer Standards and Training.

[R728-408. POST Academy and the Emergency Vehicle Operations Range are Secure Facilities.

R728-408-1. Authority.

The authority for this rule is authorized under UCA Section 76-8-311.1(1)( c)(2).

 

R728-408-2. Purpose.

To provide for public safety within the training facilities of Peace Officer Standards and Training, and regulate the possession of firearms at the POST Academy and Emergency Vehicle Operations Range.

 

R728-408-3. Declaration.

The POST Academy and Emergency Vehicle Operations Range are declared as secure facilities pursuant to UCA Section 76-8-311.1(1)(c)(2).

 

R728-408-4. Possession of Firearms.

No firearms may be brought into the POST Academy and Emergency Vehicle Operations Range. Lockers shall be provided at the main office of the POST Academy and the Instructors Office at the Emergency Vehicle Operations Range. Any person carrying a firearm must surrender the firearm and secure it in a POST-provided locker upon entering the POST Academy and Emergency Vehicle Operations Range.

 

R728-408-5. Applicability of Rule.

This rule shall not apply to law enforcement officers and federal officers as defined by UCA Sections 53-13-103(1)(b), 53-13-106(1)(a).

 

KEY: firearms, emergency vehicle operations range, secure facilities, law enforcement officers

Date of Enactment or Last Substantive Amendment: April 10, 2002

Notice of Continuation: October 11, 2006

Authorizing, and Implemented or Interpreted Law: 76-8-311; 53-13-103; 53-13-106]