DAR File No. 40532

Public Safety, Peace Officer Standards and Training

Rule R728-405

Drug Testing Requirement

Notice of Proposed Rule

(Repeal)

DAR File No.: 40532
Filed: 06/22/2016 12:41:39 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This rule is being repealed to eliminate redundancy and clarify rules.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 R728-403. (Editor's Note: 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This rule is repealed in its entirety to eliminate redundancy and clarify rules.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 found in this rule will now be incorporated into Rule R728-403.

State statutory or constitutional authorization for this rule:

• Section 53-6-105
• Section 53-6-203

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There are no costs or savings to the budget with the repeal of this rule because the rule is repealed in its entirety to eliminate redundancy and clarify rules. The information found in this rule will now be incorporated into Rule R728-403.

local governments:

Repealing this rule will not have an impact on local government budgets because the rule is repealed in its entirety to eliminate redundancy and clarify rules. The information found in this rule will now be incorporated into Rule R728-403.

small businesses:

Repealing this rule will not have a fiscal impact on small businesses because the rule is repealed in its entirety to eliminate redundancy and clarify rules. The information found in this rule will now be incorporated into Rule R728-403.

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The repealing of this rule will not impact other persons not mentioned in this section because the rule is repealed in its entirety to eliminate redundancy and clarify rules. The information found in this rule will now be incorporated into Rule R728-403.

Compliance costs for affected persons:

There are no compliance costs associated with the repealing of this rule because the rule is repealed in its entirety to eliminate redundancy and clarify rules. The information found in this rule will now be incorporated into Rule R728-403.

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 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.

[R728-405. Drug Testing Requirement.

R728-405-1. Authority.

This rule is authorized by Sections 53-6-105, 53-6-203, and 53-6-211.

 

R728-405-2. Purpose.

A. Peace Officer Standards and Training has a compelling interest in ensuring that every student attending a basic peace officer training course, who may become certified and sworn to uphold the law, be drug free.

B. When peace officers and potential peace officers participate in illegal drug use and drug activity, the integrity of the police profession is diminished and public confidence is destroyed.

C. In order to protect the citizens of the State of Utah, to preserve public trust and confidence in a fit and drug free peace officer profession, and to maintain the credibility of peace officer training academies, Peace Officer Standards and Training shall implement a drug testing program.

 

R728-405-3. Procedure.

A. Applicants accepted to a POST approved basic peace officer training program will be tested some time during the POST training curriculum.

B. Testing will be done by following the POST drug testing policy. The policy outlines the specimen collection procedures, drug testing methodology, and other information and requirements pertinent to such a policy.

 

R728-405-4. Failure to Pass Drug Test.

A. Students attending an academy will be dismissed if drug testing indicates a positive result considered by a medical review officer to be a result of intentional ingestion of an illegal drug.

B. Students who are dismissed may appeal the denial or dismissal by following the procedures outlined in the POST policy and procedure manual. Appeal procedures may be obtained in written form at POST.

 

KEY: law enforcement officers, drug testing, drug testing programs

Date of Enactment or Last Substantive Amendment: September 27, 2002

Notice of Continuation: December 21, 2011

Authorizing, and Implemented or Interpreted Law: 53-6-105; 53-6-203]