DAR File No. 40535

Public Safety, Peace Officer Standards and Training

Rule R728-403

Qualifications For Admission To Certified Peace Officer Training Academies

Notice of Proposed Rule

(Repeal and Reenact)

DAR File No.: 40535
Filed: 06/22/2016 01:01:30 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

To eliminate redundancy and to clarify the rules, some portions of this rule have been eliminated, and information from Rules R728-402, R728-404, R728-406, and R728-407 have been incorporated into this rule, and those rules have been repealed. (Editor's Note: The proposed repeal of Rule R728-402 is under Filing No. 40528, the proposed repeal of Rule R728-404 is under Filing No. 40531, the proposed repeal of Rule R728-406 is under Filing No. 40529, and the proposed repeal of Rule R728-407 is under Filing No. 40533 in this issue, July 15, 2016, of the Bulletin.)

Summary of the rule or change:

The changes include changing the title of the rule; defining documents acceptable as evidence of citizenship; added requirement for proof of successful completion of National Peace Officer Selection Test; clarifying that applicants who are subject of an ongoing investigation are not eligible for training or certification; clarifying the appeal process for applicants who are denied admission; clarifying the physical fitness requirements for entrance to a training program; clarifying the requirements for drug testing of applicants and cadets; clarifying the requirements of the completion of a training program; clarifying the process for waiving a basic training program; clarifying the process for reactivation of certification; and clarifying the process for denial of certification.

State statutory or constitutional authorization for this rule:

• Section 53-6-203
• Section 53-6-206
• Section 53-6-302
• Section 53-6-205
• Section 53-6-304
• Section 53-6-208
• Section 53-6-306
• Section 53-6-303

Anticipated cost or savings to:

the state budget:

There are no compliance costs associated with the repealing of the original rule because, in an effort to eliminate redundancy and to clarify the rules, some portions of this rule have been eliminated, and information from Rules R728-402, R728-404, R728-406, and R728-407 have been incorporated into this rule, and those rules have been repealed.

local governments:

Repealing the original rule will not have an impact on local government budgets because, in an effort to eliminate redundancy and to clarify the rules, some portions of this rule have been eliminated, and information from Rules R728-402, R728-404, R728-406, and R728-407 have been incorporated into this rule, and those rules have been repealed.

small businesses:

Repealing the original rule will not have a fiscal impact on small businesses because, in an effort to eliminate redundancy and to clarify the rules, some portions of this rule have been eliminated, and information from Rules R728-402, R728-404, R728-406, and R728-407 have been incorporated into this rule, and those rules have been repealed.

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

The repealing of the original rule will not impact other persons not mentioned in this section because, in an effort to eliminate redundancy and to clarify the rules, some portions of this rule have been eliminated, and information from Rules R728-402, R728-404, R728-406, and R728-407 have been incorporated into this rule, and those rules have been repealed.

Compliance costs for affected persons:

There are no compliance costs associated with the repealing of the original rule because, in an effort to eliminate redundancy and to clarify the rules, some portions of this rule have been eliminated, and information from Rules R728-402, R728-404, R728-406, and R728-407 have been incorporated into this rule, and those rules have been repealed.

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 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.

[R728-403. Qualifications For Admission To Certified Peace Officer Training Academies.

R728-403-1. Authority.

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

 

R728-403-2. United States Citizenship Requirement.

The applicant shall be a United States citizen.

A. The applicant shall provide the division proof of United States citizenship by providing a copy of birth certificate, or other formal government document indicating United States citizenship.

B. Naturalized citizens shall provide proof of U.S. citizenship.

1. Naturalized citizens may indicate their naturalization number on the application for peace officer training and certification. Naturalized citizens shall not attach a copy of their naturalization certificate, whereas copying naturalization certificates without permission is a violation of federal law or;

2. Naturalized citizens may indicate the number of their United States passport on the application for peace officer training and certification. The applicant shall attach a photocopy of their United States Passport to the application.

 

R728-403-3. Age Requirement.

The applicant shall be at least 21 years old at the time of appointment as a peace officer. This provision shall be satisfied with a copy of the birth certificate, official driver license or state identification card.

 

R728-403-4. Criminal History Background Checks.

A. Criminal history background checks shall be required of every applicant for basic peace officer training and every applicant for peace officer certification or authority, or applicant for reactivation of peace officer certification or authority, as provided for in Sections 53-6-203, 53-6-205, 53-6-206, and 53-6-208.

B. The criminal history background check shall be completed in the following manner:

1. All applicants shall be required to submit, at least two acceptable POST fingerprint cards for examination by the Utah Bureau of Criminal Identification and the Federal Bureau of Investigation.

2. If the applicant is found not to have a criminal record, the supervisor or staff member making the computerized criminal history records check shall make a written note in the applicant's file indicating "no criminal record found", and the supervisor or staff member shall sign their name as the person conducting the criminal history records check.

3. If the supervisor or staff member conducting the examination of the application finds that the applicant has a criminal record, the file shall be reviewed by the certification section to determine if the applicant meets the requirements to be accepted into a peace officer training program.

4. Minor traffic violations shall not be considered a reason to have the applicant's criminal record reviewed by the certification section unless the applicant has more than three minor traffic violations within two years of making application for peace officer basic training and certification.

a. The following shall not constitute minor traffic violations, and may be considered in determining good moral character of the applicant:

i. driving under the influence of alcohol or drugs;

ii. automobile homicide;

iii. reckless driving;

iv. evading a police officer;

v. driving on suspension;

vi. driving on revocation;

vii. negligent homicide;

viii. failure to maintain automobile insurance.

 

R728-403-5. Felony Convictions.

"Felony" crimes for purposes of Title 53, Chapter 6, shall be defined as any criminal conduct other than those crimes defined as misdemeanors or infractions in the statutes of this state or any similar statute of any other jurisdiction. Persons convicted of felonies will not be accepted for admission to peace officer certified training programs.

 

R728-403-6. Convictions or Involvement in Crimes Outlined in Section 53-6-211.

A. "Crimes involving dishonesty" for purposes of Subsection 53-6-211(1)(d)(iv) means criminal conduct as set forth in R728-409-3(F) below.

B. "Crimes involving unlawful sexual conduct" for purposes of Subsection 53-6-211(1)(d)(iv) means criminal conduct as set forth in R728-409-3(G) below.

C. "Crimes involving physical violence" for purposes of Subsection 53-6-211(1)(d)(iv) means criminal conduct as set forth in R728-409-3(H) below.

D. "Driving under the influence of alcohol or drugs" for purposes of Subsection 53-6-211(1)(d)(iv) means criminal conduct as set forth in R728-409-3(I) below.

E. "Unlawful Sale, Possession, or Use of Narcotics, Drugs, or Drug Paraphernalia" for purposes of Subsection 53-6-211(1)(d)(iii) means conviction of a drug related offense as set forth in R728-409-3(C) below.

 

R728-403-7. Educational Requirement.

A. All applicants for basic peace officer training and every applicant for peace officer certification or authority, as provided for in Sections 53-6-203, 53-6-205, and 53-6-206 shall have obtained a high school education.

1. High school education shall be recognized by:

a. a copy of a high school diploma;

b. a copy of high school transcript; or

c. a notarized letter from the high school administration indicating that the individual has graduated from the high school.

2. Equivalency of high school education can be obtained by:

a. successful completion of a GED program, recognized by a copy of the certificate.

3. In cases where the high school education was completed in a foreign country, and where the high school diploma or document is written in a language other than English, the document shall be verified by an interpreter before accepting the document as an official high school education document.

4. In cases where an applicant is unable to provide proof of a high school diploma or equivalent but has a four year or higher college degree, proof of the college degree will satisfy the high school diploma requirement.

 

R728-403-8. Good Moral Character Requirement.

A. Good moral character for purposes of Title 53, Chapter 6 means possessing moral traits of honesty and truthfulness, integrity, respect among the community for lawful behavior, respect for the rights of others, and obedience to the lawful directives of public officers or officials, or persons charged with the enforcement of the law.

B. Conduct which may not meet the standard of good moral character includes, but is not limited to:

1. conduct which violates Section 53-6-211;

2. a discharge from the United States military under circumstances specifically designated as:

a. Bad Conduct Discharge (BCD);

b. dishonorable discharge (DD);

c. Administrative Discharge of "Other Than Honorable" (OTH); or

d. Administrative Discharge of "General Under Honorable Conditions" (GEN);

3. the unlawful possession, use, consumption, or distribution or a controlled substance;

4. association in an organization which advocates the violent overthrow or has made overt attempts to violently overthrow the government of the United States or the State of Utah;

5. suspension or revocation of peace officer certification or similar provision of another jurisdiction.

 

R728-403-9. Physical, Emotional, or Mental Condition Requirement.

Physical, emotional, or mental conditions for purposes of Title 53, Chapter 6, includes, but is not limited to, conditions diagnosed by a medical or mental health professional, which, in the expert opinion of said professional, prohibits the employee from performing the essential functions of law enforcement. ]

R728-403. Procedures for Certification.

R728-403-1. 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.

 

R728-403-2. Purpose.

The purpose of this rule is to provide procedures for a dispatcher or peace officer to become certified or reactivate certification.

 

R728-403-3. Definitions.

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

(2) In addition:

(a) "Actively Engaged" means a currently certified peace officer as defined in Section 53-13-102 through 53-13-105 who works while on duty as defined in 53-13-101 for a minimum of 60 hours per reporting year and receives annual training as defined in Section 53-6-306(3)(a).

(b) "Applicant" means a person seeking to become certified or reinstate certification as a dispatcher or peace officer;

(c) "Certification examination" means the written test given to an applicant to become certified or to reactivate certification as a dispatcher or peace officer;

(d) "Physical fitness test" means the physical fitness standards adopted by the council on June 4, 2009, which must be met in order to become a peace officer;

(e) "Reporting year" means an annual period starting on July 1, and ending on June 30 of the following year;

(f) "Training program" means the basic training courses offered by the division or one of the certified academies, which are required to become a:

(i) special function officer;

(ii) correctional officer;

(iii) law enforcement officer; or

(iv) dispatcher; and

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

 

R728-403-4. Application for Training and Certification.

(1) An applicant seeking to become certified as a dispatcher or peace officer shall submit a completed application packet to the division that includes:

(a) a written or electronic application form provided by the division;

(b) a photocopy of a government-issued identification card;

(c) evidence that the applicant is a United States citizen to include a photocopy of a birth certificate or a photocopy of a United States passport, or, in the case of naturalized citizen, a naturalization number;

(d) one completed FBI applicant fingerprint card (Form FD-258) with the applicant's legible fingerprints;

(e) one recent color photograph of passport quality with the applicant's name written on the back of the photograph;

(f) evidence that the applicant has completed high school or obtained the educational equivalent; and

(g) the application fee, unless the applicant has been hired as a dispatcher or peace officer by a governmental entity.

(2) An applicant seeking to become a certified peace officer shall also submit:

(a) proof that the applicant has achieved a passing score on the National Peace Officer Selection Test (NPOST), unless the applicant was certified as a special functions officer prior to 1997 and is applying to become a law enforcement officer or correctional officer; and

(b) a medical evaluation from a medical doctor indicating the applicant is able to participate in all aspects of the training program.

(3) The applicant must submit the application packet four weeks prior to the start of a training program to allow the division adequate time to process the application packet.

(a) The division shall not accept nor process any application that is not complete or fails to include all required attachments.

(4) An application shall be considered valid for one year from the time the application is completed by the applicant.

(5)(a) Once a completed application packet is received by the division, the packet shall be reviewed to determine if the applicant meets the requirements in Sections 53-6-203 or 53-6-302.

(b) If the division does not have sufficient information to make this determination, the division may request the applicant provide additional information.

(6)(a) In determining whether an applicant has demonstrated good moral character as required by Sections 53-6-203 or 53-6-302, the division shall conduct a criminal history background check of local, state, and national criminal history files to determine if the applicant has a criminal record.

(b) An applicant with a criminal history that contains any of the following shall be denied entrance into a training program and shall not receive certification:

(i) a conviction of a felony under state or federal law in this or any other state;

(ii) dismissal from the armed services under dishonorable conditions; or

(iii) a conviction of domestic violence, unless the conviction has been expunged or set aside.

(c) An applicant who has been convicted of, or involved in conduct which is a state or federal criminal offense, may not be allowed to attend a basic training program or receive POST certification for a period of time consistent with the POST Council disciplinary guidelines as approved by the council on June 5, 2013.

(i) The waiting period shall run from the date of the involvement, unless the applicant is still under court supervision (i.e. probation) for the violation, in which case the applicant will not be allowed to make application until the probation has been successfully completed or the applicant is no longer under court supervision.

(ii) Waiting periods shall run consecutively for applicants who have been convicted of or involved in multiple violations.

(d) Any activity involving the abuse of alcohol or drugs may be considered in determining whether an applicant will be allowed to attend a basic training program or receive POST certification.

(e) An applicant convicted of or involved in minor crimes not otherwise identified in this rule, including traffic violations that reflect a willful disregard for lawful behavior as evidenced by repetitiveness of conduct or other aggravating factors, shall not be allowed to attend a basic training program or receive POST certification prior to one year from the latest conviction or involvement.

(i) In cases where arrest warrants are issued, the one-year waiting period will begin at the time the warrant is served on the applicant.

(f) If an applicant is found to have falsified any information to gain admittance into a basic training program, a two-year waiting period shall be applied from the date the division becomes aware of the falsification.

(i) If the information falsified is covered by other sections of this rule, (i.e., state or federal criminal offense) and a specific waiting period is required, the division shall require the applicant to wait the longer of the two periods. Waiting periods will not be combined to run consecutively.

(ii) If an applicant completes the basic training program and prior to taking the certification examination the division becomes aware of a falsification, the applicant shall not be allowed to take the certification examination.

(iii) An applicant who is dismissed during the course of a basic training program for falsifying any information to obtain certification shall not be eligible for further POST training or certification until the two-year waiting period has been met.

(iv) If an applicant becomes certifiable and then is subsequently discovered to have falsified information to obtain certified status, that individual may be subject to suspension of their POST certification.

(7) If the applicant is the subject of an ongoing investigation by the division, the applicant shall not be deemed eligible to attend a training program until the investigation is completed.

(8) If the division determines that the applicant meets all of the requirements in Sections 53-6-203 or 53-6-302, the division shall notify the applicant that the applicant is eligible to attend a training program.

(9) If the division determines that the applicant does not meet the requirements in Sections 53-6-203 or 53-6-302, the applicant shall be denied admission to a training program.

(10) Applicants who are accepted into a peace officer training program shall pass the POST physical fitness requirements for entrance into the specific training program as approved by the Council and outlined in POST policy and procedure 2390-Physical Training Requirements.

(11) Applicants who are accepted into a peace officer training program shall be subject to random and "for cause" drug testing as outlined in POST policy and procedure 2400-Drug Testing for Applicants and Cadets.

(12) Applicants seeking dispatcher certification must also provide evidence of:

(a) Utah Emergency Medical Dispatcher (EMD) certification;

(b) Bureau of Criminal Identification (BCI) proficiency certificate; and

(c) documentation showing completion of:

(i) Incident Command System (ICS) 100 training;

(ii) ICS 200 training; and

(iii) National Incident Management System (NIMS) 700 training.

 

R728-403-5. Completion of a Training Program.

(1) An applicant successfully completes the training program by:

(a) attending all required training courses;

(b) obtaining passing scores on all intermediate and subject specific tests; and

(c) participating in all required physical fitness, practical skill training and other required activities.

(2) Applicants shall be subject to all officially published policy at the training academy they attend.

(3) An applicant who fails to complete any portion of the academic training program may not take the certification examination.

(4) An applicant may take the certification examination prior to passing the physical fitness, defensive tactics, firearms, or emergency vehicle operations tests.

(5) An applicant who is unable to pass the physical fitness, defensive tactics or firearms tests, within one year after completing the training program or within one year of taking the certification examination shall be denied certification.

(6) An applicant who is unable to pass the emergency vehicle operations tests within one year from completion of the emergency vehicle operations training program shall be denied certification.

(7) An applicant who fails the certification examination shall have one opportunity to take a make-up examination within one year of the first examination.

(a) An applicant who fails the certification examination after two attempts shall be denied certification and shall not be permitted to take the certification examination again until the applicant satisfactorily completes another approved basic training program.

(8) An applicant who successfully completes the training program shall be certified as a peace officer in the state of Utah.

 

R728-403-6. Waiver of Basic Training Program.

(1) An applicant who has not attended a training program offered by the division or a satellite academy, may seek to waive a training program by submitting a completed waiver packet to the division, which includes:

(a) a completed application packet as provided in R728-403-4;

(b) documentation showing that the applicant has completed training equivalent to the training program the applicant is seeking to waive, such as:

(i) a copy of the training curriculum;

(ii) the number of hours completed; and

(iii) the date the training was completed; and

(c) evidence of any prior employment as a dispatcher or peace officer that includes:

(i) a detailed job description; and

(ii) verification from the applicant's employer of the last date the applicant worked as a dispatcher or peace officer.

(2) Once the division has received a completed waiver packet, the division shall review the packet to determine if the training completed by the applicant is the equivalent of the training program the applicant seeks to waive.

(a) If the division does not have sufficient information to make this determination, the division may request that the applicant submit additional information.

(3) If the division determines the peace officer training completed by the applicant is the equivalent of the peace officer training program the applicant seeks to waive, and the program was completed less than four years prior to the date the applicant will take the certification examination, or the applicant has been actively engaged in performing the duties of a peace officer within the past four years, and the applicant meets all of the requirements in R728-403-4 and Sections 53-6-203 and 53-6-206, the applicant may take the physical fitness test and the certification examination.

(a) If the applicant passes both the physical fitness test and the certification examination, the applicant shall be certified as a peace officer in the state of Utah.

(b) If the applicant fails to pass the certification examination, the applicant shall be given one additional opportunity to pass the certification examination, which must be completed within one year of the first examination.

(c) An applicant who fails the certification examination after two attempts shall be denied certification and shall not be permitted to take the certification examination again until the applicant satisfactorily completes an approved basic training program.

(d) If the applicant fails to pass the physical fitness test, the applicant may be given additional opportunities to pass during regularly scheduled fitness tests provided by POST.

(e) The applicant must pass the certification examination and the physical fitness test within four years from the date of completion of the original training program, or four years from the date they were last actively engaged in the duties of a peace officer.

(f) An applicant who successfully completes the waiver process for law enforcement officer certification or correctional officer certification shall be deemed to have also completed requirements for special functions officer certification.

(g) An applicant seeking to be certified as both a law enforcement officer and a correctional officer must complete the waiver process and pass the certification examinations for each of those peace officer classifications.

(4) If the division determines that the dispatcher training completed by the applicant is the equivalent of the training program the applicant seeks to waive, and the program was completed less than four years prior to the date the applicant will take the certification examination, or the applicant has been actively engaged in performing the duties of a dispatcher within the past four years, and the applicant meets all of the requirements in R728-403-4 and Sections 53-6-302 and 53-6-304, the applicant may take the certification examination.

(a) If the applicant passes the certification examination, the applicant shall be certified as a dispatcher in the state of Utah.

(b) If the applicant fails to pass the certification examination, the applicant shall be given one additional opportunity to pass the certification examination, which must be completed within one year of the first examination.

(c) An applicant who fails the certification examination after two attempts shall be denied certification and shall not be permitted to take the certification examination again until the applicant satisfactorily completes an approved basic training program.

(5) If the applicant fails to meet any of the requirements set forth in this rule, the applicant may not waive the training program.

 

R728-403-7. Reactivation of Certification.

(1) Pursuant to Section 53-6-208 or 53-6-306, the certification of a peace officer or dispatcher who has not been actively engaged in performing the duties of a peace officer or dispatcher for 18 months shall be designated "inactive".

(a) The certification of a peace officer or dispatcher that has been suspended for more than 18 consecutive months due to disciplinary action or failure to complete in-service training shall be considered "inactive".

(2) An applicant whose certification has become inactive may reactivate the applicant's peace officer or dispatcher certification by submitting a completed reactivation packet to the division, which includes:

(a) a completed application packet as provided in R728-403-4; and

(b) evidence of the applicant's prior employment as a dispatcher or peace officer.

(3) Once the division has received a completed reactivation packet, the division shall review the packet to determine if the applicant meets all of the requirements in Sections 53-6-203 and 53-6-208, or 53-6-302 and 53-6-306.

(a) If the division does not have sufficient information to make this determination, the division may request the applicant submit additional information.

(4) If an applicant for reactivation of peace officer certification meets all of the requirements in Sections 53-6-203 and 53-6-208, the applicant may take the physical fitness test and the certification examination as provided in R728-403-5.

(a) If the applicant passes both the physical fitness test and the certification examination, the applicant shall be certified as a peace officer in the state of Utah.

(b) If the applicant fails to pass the certification examination, the applicant shall be given one additional opportunity to pass the certification examination, which must be completed within one year of the first examination.

(c) An applicant who fails the certification examination after two attempts shall be denied certification and shall not be permitted to take the certification examination again until the applicant satisfactorily complete an approved basic training program.

(d) If an applicant fails to pass the physical fitness test, the applicant may be given additional opportunities to pass during regularly scheduled fitness tests provided by POST.

(4) If an applicant for reactivation of dispatcher certification meets all of the requirements in Sections 53-6-302 and 53-6-306, the applicant may take the certification examination, as provided in R728-403-5.

(a) If the applicant passes the certification examination, the applicant shall be certified as a dispatcher in the state of Utah.

(b) If the applicant fails to pass the certification examination they will be given one additional opportunity to pass the certification examination which must be completed within one year of the first examination.

(c) An applicants who fails the certification examination after two attempts shall be denied certification and shall not be permitted to take the certification examination again until the applicant satisfactorily complete an approved basic training program.

(5) If the applicant for reactivation of peace officer or dispatcher certification fails to meet any of these requirements, the applicant's certification may not be reactivated.

(6) The certification of a peace officer or dispatcher that has been suspended or inactive for more than four consecutive years shall be considered "lapsed" and the peace officer or dispatcher shall comply with the requirements in Section 53-6-208 or 53-6-306 before certification may be reinstated.

 

R728-403-8. Denial of Certification.

(1) An applicant shall be denied certification for failing to satisfy any of the requirements under administrative rule R728-403.

(2) An applicant who is the subject of an ongoing investigation by the division, or who is under court supervision for a state or federal criminal offense, may not be certified until the investigation has been completed and/or the court supervision has been terminated.

(3) If the division denies an applicant certification, the division shall issue a letter of denial by mail.

(a) The letter of denial shall state the reasons for denial and indicate that the applicant may appeal the decision to the director by filing a written request for review within 30 days from the date of the division's decision as provided by Section 63G-4-301.

(b) Within a reasonable time after receiving the appeal, the director shall review the matter and determine whether the applicant may be certified.

(c) If upon further review the director denies the applicant's appeal, the director shall notify the applicant by letter and indicate that the applicant has the right to appeal the director's decision by filing a petition for judicial review within 30 days as provided in Section 63G-4-402.

(4) An applicant who has been denied certification shall meet all of the requirements in this rule before being certified.

(5) All adjudicative proceedings under this rule shall be informal according to the provisions in Sections 63G-4-202 through 63G-4-203.

 

KEY: [law enforcement officers, qualifications for training*]dispatchers, peace officers, certifications, waivers

Date of Enactment or Last Substantive Amendment: [November 25, 2008]2016

Notice of Continuation: December 13, 2011

Authorizing, and Implemented or Interpreted Law: 53-6-203; [53-6-211]53-6-205; 53-6-206; 53-6-208; 53-6-302; 53-6-303; 53-6-304; 53-6-306