DAR File No. 40530

Public Safety, Peace Officer Standards and Training

Rule R728-500

Utah Peace Officer Standards and Training In-Service Training Certification Procedures

Notice of Proposed Rule

(Repeal)

DAR File No.: 40530
Filed: 06/22/2016 12:32:02 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This rule is being repealed to eliminate redundancy and clarify rules.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 found in this rule will now be incorporated into Rule R728-410. (Editor's Note: The proposed repeal and reenactment of Rule R728-410 is under Filing No. 40536 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This rule is repealed in its entirety to eliminate redundancy and clarify rules.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 found in this rule will now be incorporated into Rule R728-410.

State statutory or constitutional authorization for this rule:

• Section 53-13-103
• Section 53-6-105

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 found in this rule will now be incorporated into Rule R728-410.

local governments:

Repealing this rule will not have an impact on local government budgets because the information found in this rule will now be incorporated into Rule R728-410.

small businesses:

Repealing this rule will not have a fiscal impact on small businesses because the information found in this rule will now be incorporated into Rule R728-410.

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 because the information found in this rule will now be incorporated into Rule R728-410.

Compliance costs for affected persons:

There are no compliance costs associated with the repealing of this rule because the information found in this rule will now be incorporated into Rule R728-410.

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 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
• 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

R728. Public Safety, Peace Officer Standards and Training.

[R728-500. Utah Peace Officer Standards and Training In-Service Training Certification Procedures.

R728-500-1. Authority.

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

 

R728-500-2. Purpose.

The purpose of in-service training is to provide Utah law enforcement officers with the opportunity to obtain the knowledge and skills necessary to perform their duties in a professional and skillful manner. To this end, and to satisfy the requirements of 53-13-103(4)(b), Utah Peace Officer Standards and Training will provide an in-service training program that addresses the needs of the Utah law enforcement community.

 

R728-500-3. Statutory 40 Hour Training Requirement.

Pursuant to Subsection 53-13-103(4)(b), "A law enforcement officer shall, prior to exercising peace officer authority, satisfactorily complete annual certified training of at least 40 hours per year as directed by the director of the division, with the advice and consent of the council."

 

R728-500-4. Agency To Maintain Training Records.

A. The chief administrative officer of an agency employing peace officers is responsible for the recording of all training obtained by his peace officers. This record shall contain the following:

1. the subject or topic instructed

2. the number of classroom or field hours

3. the location of the training

4. the date of the training

5. the name of the instructor

B. This record shall be accurate and available in the event of an audit or subpoena of training records.

 

R728-500-5. Reporting Training, Agency Responsibility.

At the conclusion of each training year (July 1 - June 30), agencies employing peace officers are required to report to POST the number of training hours received by each officer employed by that agency. This report is to be submitted online and is due to POST by July 31 and must contain the following information:

A. the name of the officer

B. the officers POST ID number

C. the number of training hours for the training year.

 

R728-500-6. Violation of Statutory Training Requirement, Order of Suspension.

A. The Division of Peace Officer Standards and Training will suspend the peace officer powers of any officer who fails to receive 40-hours of approved training during the previous training year. The officer, and the officers employing agency, will be notified by letter of this action. This sanction will remain in effect until the deficient training is completed and reported to POST. The officer will have until October 1 to make up the deficiency. POST will notify the officer and employing agency when the officers peace officer powers have been reinstated.

B. Training received by a suspended officer in a new training year will be credited to the previous (deficient) training year until the deficiency is made up. Training used to clear up an old deficiency cannot be credited to the new training year. (The same training cannot be counted twice.)

C. Suspended officers who continue to perform the duties and functions of a peace officer will be in violation of Section 53-6-202, and will be subject to the penalties set forth in Utah Administrative Code, Rule R728-411.

D. Officers who are deficient after October 1 will be reported to Utah Retirement System.

 

R728-500-7. Authorized Training for POST In-Service Credit.

All training offered by POST (basic training, in-service training, and regional training) is authorized for POST in-service credit. The authority and responsibility for accepting other forms of training belongs to the chief administrative officer of each law enforcement agency. If the chief administrative officer approves the training, POST will accept that training for credit to satisfy the 40-hour training requirement. However, the chief administrative officer accepts the responsibility and liability for course content and instructor qualification.

The following guidelines detail current POST rules regarding various types of in-service training.

 

R728-500-8. Skills Areas Limited.

The in-service training reported shall not include any identical class or instruction repeated within a 12 month period, unless the training is of an ongoing or continuing basis. Exception to this requirement includes training in certain skill areas such as Arrest Control Techniques, Firearms Training, Martial Arts, etc.

 

R728-500-9. Basic Training Used For In-Service Credit.

Training received during the completion of a Basic Training Session can be credited towards the in-service training requirement.

 

R728-500-10. Credit For College Courses.

Hour-for-hour credit will be granted for attendance in any college course that is required to earn a degree. The officer shall include a copy of the college transcript in his/her agency training file as proof of successful completion of the course.

 

R728-500-11. Correspondence Courses.

Correspondence courses may be approved for in-service credit. Prior approval shall be received from the officers chief administrative officer who will determine the number of credit hours the course is worth.

 

R728-500-12. Video Tapes/Audiovisual Presentations.

In-service credit may be granted for viewing law enforcement or position related audiovisual presentations (i.e., films, videotapes, satellite programming, etc.), as long as the training includes a structured lecture or classroom discussion regarding the viewed materials.

 

R728-500-13. In-Service Credit For Instructors.

Training credit may be granted to POST certified instructors on an hour-for-hour basis; an equivalent amount of credit may be claimed for preparation time. (example: a two hour class is worth four hours of in service credit: two hours of instruction plus two hours of preparation) In-service credit can be claimed by the instructor once each year for each course instructed. This is to avoid in-service credit granted for duplicate instruction.

 

R728-500-14. Credit For Study For Promotional Exams.

An agency chief administrative officer may grant up to five hours of in-service training credit to officers who have studied for, and passed, a promotional examination. Before awarding credit, the agency administrator shall ensure that:

A. The study material was not limited to the department's policy and procedure manual. Study aids shall consist of textbooks that deal with subjects such as Managerial Techniques, Supervisory Skills, Criminal Investigation, and other law enforcement skills.

B. The officer passed the examination. The officer need not be promoted to receive training credit.

 

R728-500-15. Credit for Regularly Scheduled Meetings and Conferences.

Monthly, quarterly, or other regularly scheduled meetings or conferences will not be granted in-service credit unless it can be specifically demonstrated the session is devoted to training and not for the purpose of exchanging information (i.e. detective meetings, intelligence briefings, etc.).

 

R728-500-16. Credit for Physical Fitness Training.

An officer can claim up to five hours of in-service training credit for participation in an agency approved physical training program.

 

R728-500-17. Requirements for Officers Employed for a Portion of the Training Year.

A full 40 hours of in-service training is required only if an officer is employed for the entire training year. Officers who are employed after the start of the reporting period, (July 1), need only to obtain a prorated number of training hours. Therefore, an officer shall obtain 3.5 hours for each month employed during the reporting year. (Example: An officer hired in January shall only be required to obtain 21 hours of in-service training for that training year.)

 

KEY: law enforcement officers, in-service training

Date of Enactment or Last Substantive Amendment: December 3, 2007

Notice of Continuation: December 21, 2011

Authorizing, and Implemented or Interpreted Law: 53-6-105; 53-13-103(4)(b)]