DAR File No. 40529
This rule was published in the July 15, 2016, issue (Vol. 2016, No. 14) of the Utah State Bulletin.
Public Safety, Peace Officer Standards and Training
Rule R728-406
Requirements for Approval and Certification of Basic Correctional, Reserve and Special Function Training Programs and Applicants
Notice of Proposed Rule
(Repeal)
DAR File No.: 40529
Filed: 06/22/2016 12:25:15 PM
RULE ANALYSIS
Purpose of the rule or reason for the change:
This rule is being repealed to eliminate redundancy and clarify rules. The information contained in the rule will now be incorporated into Rules R728-401 and R728-403. (Editor's Note: The proposed repeal and reenactment of Rule R728-401 is under Filing No. 40534 and the proposed repeal and reenactment of Rule R728-403 is under Filing No. 40535 in this issue, July 15, 2016, of the Bulletin.)
Summary of the rule or change:
This rule is repealed in its entirety to eliminate redundancy and clarify rules. The information contained in the rule will now be incorporated into Rules R728-401 and R728-403.
State statutory or constitutional authorization for this rule:
- Section 53-6-202
Anticipated cost or savings to:
the state budget:
There are no costs or savings to the budget with the repeal of this rule because the information contained in the rule will now be incorporated into Rules R728-401 and R728-403.
local governments:
Repealing this rule will not have an impact on local government budgets because the information contained in the rule will now be incorporated into Rules R728-401 and R728-403.
small businesses:
Repealing this rule will not have a fiscal impact on small businesses because the information contained in the rule will now be incorporated into Rules R728-401 and R728-403.
persons other than small businesses, businesses, or local governmental entities:
The repealing of this rule will not impact other persons not mentioned in this section. The information contained in the rule will now be incorporated into Rules R728-401 and R728-403.
Compliance costs for affected persons:
There are no compliance costs associated with the repealing of this rule because the information contained in the rule will now be incorporated into Rules R728-401 and R728-403.
Comments by the department head on the fiscal impact the rule may have on businesses:
I have reviewed this rule and found that repealing the rule will not have a fiscal impact on business.
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 SafetyPeace 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
- Wade Breur at the above address, by phone at 801-256-2329, by FAX at , or by Internet E-mail at wbreur@utah.gov
- Kim Gibb at the above address, by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@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:
08/15/2016
This rule may become effective on:
08/22/2016
Authorized by:
Scott Stephenson, Director
RULE TEXT
R728. Public Safety, Peace Officer Standards and Training.
[R728-406. Requirements For Approval and Certification of
Basic Correctional, Reserve and Special Function Training
Programs and Applicants.
R728-406-1. Authority.
This rule is authorized by Section 53-6-105 which gives
the power to the Director of Peace Officers Standards and
Training to promulgate standards for the certification of
Correctional, Reserve and Special Function Officer Training
Programs and applicants.
R728-406-2. Academy Approval.
Any agency wishing to conduct a basic peace officer
training program shall do so with the approval of the POST
Council and by complying with the POST approved
procedures.
R728-406-3. Policy and Procedures for Course Validation.
A. The course must conform to the content and standards
established by POST and approved by the POST Council.
B. All applicants shall have completed the POST
application packet. Without exception, medical requirements will
be completed before training begins.
1. Sponsored applicants - The sponsoring agency will
complete the background investigation and insure that the
requirements in 53-6-203 (applicants for admission to training
programs) and R728-403 (Qualifications for Admission to Certified
Peace Officer Training Academies) have been met. If the
sponsoring agency has any question about an applicant as he
relates to 53-6-203, or R728-403, POST shall be consulted before
any training begins.
2. Self-Sponsored applicants - POST will conduct a
criminal history check on all self-sponsored applicants. Programs
providing training to self-sponsored students such as Weber State
University or Salt Lake Community College will adhere to the
following guidelines when providing POST with application
packets.
a. It is the policy of POST that all applications will be
checked to insure completeness. POST will return any application
not complete and deny training to that individual until a
complete application is received and a criminal history check has
been completed.
b. It is the policy of POST that applications will be
provided to POST at least four weeks prior to the start of
training unless special circumstances exist and arrangements have
been made with POST (without exception medical release forms will
be completed and submitted to POST before physical training
begins.)
c. It is the policy of POST that a class schedule and a
list of instructors will be provided to POST before training
begins.
C. Equipment required to perform training must be
furnished by the sponsoring agency or program. Equipment must
meet POST standards.
D. All instructors must be POST certified, and approved
to instruct in their assigned topic(s).
E. Lesson plans for each topic must be prepared in
accordance with the currently approved student performance
objectives. Instructors must read and sign Form #77/1/89
(Performance Objectives Agreement) indicating they are aware of
and are willing to teach the POST approved performance
objectives.
F. Sponsoring agencies and program coordinators must
administer POST approved examinations and maintain a file of
examinations used. The final certification examination, which is
a comprehensive examination, will be given by POST. A minimum
score of 80% is required to pass the test.
G. Attendance rosters shall be kept to satisfy statutory
requirements and copies of these rosters will be submitted to
POST. No attendee can miss more than 10% of the course and still
be certifiable. Under no circumstances will a student be
certified if he misses (and fails to make-up) the following
classes:
1. Ethics and Professionalism
2. Laws of Arrest
3. Laws of Search and Seizure
4. Use of Force
5. First Aid (CPR only)
6. Arrest Control Techniques (practical exam)
H. Sponsoring agencies and programs must ensure that
students possess a valid drivers license when involved in any
training that requires the operating of a motor vehicle. Driver
license checks shall be made through the State Division of Driver
License.
I. Successful completion of the course and completion of
all POST required paperwork is necessary before certification
will be granted.
J. Upon completion of the training program, sponsoring
agencies and programs will contact POST and make arrangements for
the Certification Exam to be given. Anyone failing the
Certification Exam once may take it again within a one year time
frame. The requirement of taking the certification test after a
year, for waiver purposes, will be applied by calculating the
year from the date of successfully passing the test. Anyone who
fails a certification re-take will not be permitted to take it
again until they satisfactorily complete another approved basic
training program.
K. When all requirements have been met, the sponsoring
agency administrator shall submit to POST a letter informing POST
that all requirements have been met. Peace officer certification
begins when POST receives an application for certification and
confirms that the applicant has completed a basic peace officer
training program and met all requirements.
L. The Certification Exam will not be given if all the
above requirements have not been met.
M. No person shall function with any authority until he
has satisfactorily completed an approved training program and
received POST certification.
R728-406-4. Process for Requesting Certification.
Administrators requesting certification of an employee
shall submit to POST Form #61, Application for POST
Certification. POST will verify the information provided, ensure
annual training is up to date and check to see if the individual
seeking certification is the subject of a pending investigation.
POST will certify the applicant when all requirements have been
met. If there is an open investigation on the subject, or a
problem with annual training hours, POST will refuse to certify
the applicant and make the appropriate notifications.
KEY: law enforcement officers, approval for reserve basic
course, approval for special function course*, approval for
correctional basic course
Date of Enactment or Last Substantive Amendment: October 1,
2007
Notice of Continuation: December 21, 2011
Authorizing, and Implemented or Interpreted Law:
53-6-202]
Additional Information
More information about a Notice of Proposed Rule is available online.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2016/b20160715.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact 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; Wade Breur at the above address, by phone at 801-256-2329, by FAX at , or by Internet E-mail at wbreur@utah.gov; Kim Gibb at the above address, by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov. For questions about the rulemaking process, please contact the Office of Administrative Rules.