DAR File No. 40540

Public Safety, Peace Officer Standards and Training

Rule R728-505

Service Dog Program Rules

Notice of Proposed Rule

(Repeal)

DAR File No.: 40540
Filed: 06/23/2016 08:05:54 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being repealed because it is no longer necessary. The information outlined in this rule is more appropriately covered as a matter of policy and should not be included in rule. A policy has been enacted, which covers the information contained in the rule.

Summary of the rule or change:

This rule is repealed in its entirety because the information outlined in this rule is more appropriately covered as a matter of policy and should not be included in rule. A policy has been enacted, which covers the information contained in the rule.

State statutory or constitutional authorization for this rule:

• Section 53-6-105
• Section 53-6-106
• Section 53-6-107

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 outlined in this rule is more appropriately covered as a matter of policy and should not be included in rule. A policy has been enacted, which covers the information contained in the rule.

local governments:

Repealing this rule will not have an impact on local government budgets because the information outlined in this rule is more appropriately covered as a matter of policy and should not be included in rule. A policy has been enacted, which covers the information contained in the rule.

small businesses:

Repealing this rule will not have a fiscal impact on small businesses because the information outlined in this rule is more appropriately covered as a matter of policy and should not be included in rule. A policy has been enacted, which covers the information contained in the rule.

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 outlined in this rule is more appropriately covered as a matter of policy and should not be included in rule. A policy has been enacted, which covers the information contained in the rule.

Compliance costs for affected persons:

There are no compliance costs associated with the repealing of this rule because the information outlined in this rule is more appropriately covered as a matter of policy and should not be included in rule. A policy has been enacted, which covers the information contained in the rule.

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 businesses.

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.

[R728-505. Service Dog Program Rules.

R728-505-1. Admission Requirements.

Persons applying for admission into the Service Dog Training Program shall be sworn personnel representing federal, state, county, municipal or other agencies. Any question or dispute regarding admissibility shall be submitted in writing to the Service Dog Training Supervisor.

 

R728-505-2. Training Requirements.

Training requirements in the Service Dog Program are established to provide each student with sufficient knowledge and skill to begin the respective Service Dog task. Training is intended and designed to achieve optimal efficiency in the allotted time. The content and duration of training shall be designated as the "Approved Curriculum." Each training category and skill level has its own specific approved curriculum.

A. Dogs.

Dogs participating in the Service Dog Program shall be trained according to the approved curriculum. The curriculum shall be based on at least the following concepts:

1. successful achievement according to the approved curriculum shall enable the Service Dog to perform in a state-of-the-art professional manner;

2. successful achievement according to the approved curriculum shall enable the Service Dog to perform in a discriminating and humanitarian manner;

3. the approved curriculum must be subject to constant revision and upgrading of the approved curriculum to meet the ever-changing criminal behavior and methodology and also the legal constraints associated with criminal and civil court rulings regarding service dog deployments.

B. Handlers.

Handlers participating in the Service Dog Program shall be trained according to the approved curriculum. The curriculum shall be based on at least the following concepts:

1. successful achievement according to the approved curriculum shall enable the Handler to perform in a state-of-the-art professional manner;

2. successful achievement according to the approved curriculum shall enable the Handler to perform in a discriminating and humanitarian manner;

3. the approved curriculum must be subject to constant revision and upgrading of the approved curriculum to meet the ever-changing criminal behavior and methodology and also the legal constraints associated with criminal and civil court rulings regarding service dog deployments.

C. Instructors.

Instructors participating in the Service Dog Program shall be trained according to the approved curriculum. The curriculum shall be based on at least the following concepts:

1. successful achievement according to the approved curriculum shall enable the Instructor to perform in a state-of-the-art professional manner;

2. successful achievement according to the approved curriculum shall enable the Instructor to perform in a discriminating and humanitarian manner;

3. the approved curriculum must be subject to constant revision and upgrading of the approved curriculum to meet the ever-changing criminal behavior and methodology and also the legal constraints associated with criminal and civil court rulings regarding service dog deployments.

D. Judges.

Judges participating in the Service Dog Program shall be trained according to the approved curriculum. The curriculum shall be based on at least the following concepts:

1. successful achievement according to the approved curriculum shall enable the Judge to perform in a state-of-the-art professional manner;

2. successful achievement according to the approved curriculum shall enable the Judge to perform in a discriminating and humanitarian manner;

3. the approved curriculum must be subject to constant revision and upgrading of the approved curriculum to meet the ever-changing criminal behavior and methodology and also the legal constraints associated with criminal and civil court rulings regarding service dog deployments.

E. Administrators.

Administrators participating in the Service Dog Program shall be trained according to the approved curriculum. The curriculum shall be based on at least the following concepts:

1. successful achievement according to the approved curriculum shall enable the Administrator to perform in a state-of-the-art professional manner;

2. successful achievement according to the approved curriculum shall enable the Administrator to perform in a discriminating and humanitarian manner;

3. the approved curriculum must be subject to constant revision and upgrading of the approved curriculum to meet the ever-changing criminal behavior and methodology and also the legal constraints associated with criminal and civil court rulings, regarding service dog deployments,

d. constant revision and upgrading of the approved curriculum to meet the ever changing personnel-development concepts and employee-related laws and guidelines.

E. Waiver of Training.

1. If a student has gained prior knowledge or skill which would be duplicated in a training course, a written request for waiver may be submitted to the Service Dog Training Supervisor. The request shall include authentication of any training requested to be waived.

2. The Service Dog Training Supervisor shall evaluate the waiver request and determine to what extent a waiver may be granted.

3. No waiver shall be granted which would preclude a minimum of 40 hours observation period during any training course, with the exception of Administrator training, for which no waiver of training shall be granted.

 

R728-505-3. Graduation Requirements.

Graduation from the Service Dog Program shall be determined according to the knowledge and skill level exhibited. A student's knowledge shall be evaluated by administering a written examination. A student's skill shall be evaluated in the final week of any training course.

A. Scoring.

The passing score for a written examination shall be 80% or higher. Skill level shall be determined according to the following:

1. 96 - 100% = Superior,

2. 90 - 95% = Commendable,

3. 85 - 89% = Typical,

4. 80 - 84% = Suitable,

5. 60 - 79% = Needs Improvement,

6. 0 - 59% = Unsatisfactory.

B. Skills.

Skills shall be evaluated according to one of the following:

1. Superior, denoting exemplary or ideal performance,

2. Commendable, denoting noteworthy or above average performance,

3. Typical, denoting normal or average performance,

4. Suitable, denoting satisfactory or sufficient performance,

5. Needs Improvement, denoting skill exhibited that is just barely below the minimum level performance,

6. Unsatisfactory, denoting little or no skill level exhibited.

C. Reports.

Handlers, Instructors, and Judges shall submit reports according to the approved curriculum. Reports shall be rated according to the appropriate skill level.

D. Written Examinations.

Examinations and quizzes are a necessary method of testing a student's substantive knowledge, reading comprehension, and reasoning abilities, all of which are essential criteria for proper performance of peace officer functions. Handlers, Instructors, Judges and Administrators shall be given written examinations and quizzes as indicated in the curriculum schedule. Examinations are given on the honor basis. Evidence of dishonor shall result in dismissal from the Academy. Written exams are scored, with the minimum passing score to be 80%.

E. Practical Skills Examinations.

Service Dogs, Handlers, Instructors, Judges and Administrators shall be given practical skills examinations as indicated in the curriculum schedule. Examinations are given on the honor basis. Evidence of dishonor shall result in dismissal from the Academy. Students must achieve a rating of "Suitable" in each Practical Skills examination.

F. Failure to Qualify

1. If a student fails a Report, Written Examination or Practical Skills Examination, he/she shall be allowed to take a Make-Up Examination. Regardless of what passing rating or score earned on the Make-Up Examination, the student shall be given the rating of "Suitable" or the score of 80%, depending on which Examination it is. If the Make-Up Examination rating or score is less than passing, the student shall be invited to return at a later date and attend further training in the respective skill or topic. When the Service Dog Training Supervisor deems it reasonable to re-examine the student, another opportunity shall be afforded to challenge the respective examination.

2. If a student fails to achieve a passing rating or score within 12 months of the original examination, the student shall be required to retake the respective course in its entirety before challenging the examination again.

G. Mitigating Circumstances.

1. The Service Dog Training Supervisor shall be empowered with the discretion of deciding if mitigating circumstances should be taken into consideration when a student fails any examination. Mitigating circumstances include, but are not limited to:

a. weather,

b. quality/quantity of Instructors or Judges,

c. equipment problems,

d. medical problems.

2. If the Service Dog Training Supervisor decides there were one or more circumstances beyond the control of the student and the student fails an examination, the Service Dog Training Supervisor may schedule another examination.

H. Physical Training.

1. Patrol Dog Courses.

Physical fitness is especially valuable for Patrol Dogs, Handlers, Instructors, and Judges. Students participating in Patrol Dog courses shall participate in a daily physical training program, as outlined in the approved curriculum. Physical fitness training shall be supervised by the Service Dog Training Supervisor.

2. Detector Dog Courses.

Physical fitness is valuable for Detector Dogs, Handlers, Instructors, and Judges. Students participating in Detector Dog courses may participate in a daily physical training program, as outlined in the approved curriculum. Physical fitness training shall be supervised by the Service Dog Training Supervisor.

3. Administrative Courses.

Physical fitness is valuable for Administrators of Service Dog Units. Students participating in Administrator courses may participate in a daily physical training program, as outlined in the approved curriculum. Physical fitness training shall be supervised by the Service Dog Training Supervisor.

I. Counsel.

Individual counseling is available to any student on request to the Service Dog Training Supervisor.

J. Attendance.

1. Students shall be required to attend all training unless an emergency exists or a valid excuse is given.

2. More than three unexcused absences may result in suspension from the Service Dog Program. Acceptable excuses include but are not limited to illness, court, and death of an immediate family member. Whenever possible, absences shall be cleared through the Service Dog Training Supervisor before the absence occurs. It is the student's responsibility to report when he/she is absent or late. Attendance information may be made available to department heads periodically.

3. Anyone who is tardy three times without an acceptable excuse may be subject to disciplinary action.

K. Grounds for Dismissal From the Service Dog Program.

1. Dogs.

a. The Service Dog Training Supervisor shall have the authority to evaluate Dogs participating in the Service Dog Program and dismiss any Dog which exhibits one or more of the following.

i. Unwarranted aggressive behavior.

ii. Severely deficient performance of any kind.

iii. Any behavior which is deemed to unsafe for any person, including the Handler.

2. Handlers, Instructors, Judges, or Administrators.

a. The Service Dog Training Supervisor shall have the authority to evaluate Handlers, Instructors, Judges, or Administrators participating in the Service Dog Program and dismiss any student who exhibits one or more of the following.

i. Failure to comply with Academy rules.

ii. Evidence of any health condition that would keep the student from successfully completing the respective training course.

iii. Evidence of any conduct that is deemed so inappropriate as to considerably undermine the integrity of the Service Dog Program.

 

R728-505-4. Health Services and Emergencies.

A. Any person who becomes ill or injured while at the Academy shall notify a member of the Academy staff immediately.

B. The Academy is not authorized funds to pay for prescriptions, x-rays, casts, bandages, medications or out-patient visits to hospitals. Students or their departments shall be expected to pay for the above services and supplies.

C. All personal calls are to be conducted on one of the phones located strategically throughout the building. Collect calls shall not be accepted.

 

R728-505-5. Classrooms.

A. Students shall be responsible for keeping the classrooms neat and clean. No food, drinks or smoking shall be allowed in the classroom.

B. From time to time, P.O.S.T. shall take portions of the training to locations other than the Academy. While at any of these locations, students shall respect the property of others and conduct themselves accordingly. If any damage occurs, it shall be reported to the Service Dog Training Supervisor as soon as possible.

 

R728-505-6. Special Regulations.

A. Alcohol and Gambling.

No student shall consume alcohol in any form during the course of the training day. The training day shall be interpreted to mean two hours prior to the first class of the day until the completion of the last class of the day. In circumstances where classes end at 5:00 p.m. and there is scheduled evening or night classes, the last class of the day means the last night class.

1. No alcoholic beverages of any kind shall be brought onto or consumed on the Academy site unless it's part of the training schedule.

2. Gambling shall not be permitted at any time or place on the Academy site.

3. Persons found to be in violation of R728-505-6 shall be dismissed from the Academy.

B. Dress Code.

Students shall maintain a professional appearance at all times. Accordingly, the following dress code shall be adhered to.

1. Classroom.

Students shall wear neat, unsoiled clothing when training in a classroom. Uniforms are suitable but not mandatory.

2. Field.

Students shall wear neat, unsoiled clothing when training in the field. Uniforms are suitable but not mandatory.

3. Demonstrations.

Occasionally, a public demonstration of the Service Dog Training Program occurs. Students shall wear uniforms or official clothing so as to present the optimal professional image.

4. Physical Training.

Physical training shall be administered according to the approved curriculum.

5. Practical Problems.

The training supervisor may allow students to wear appropriate civilian clothing for designated training.

C. Grooming.

All students shall be expected to maintain proper grooming habits at all times. Clothing shall be clean and well cared for. Hair must be clean and neat.

D. Conduct.

1. All students shall be expected to conduct themselves in a professional manner at all times.

2. No loud, abusive, or obscene language shall be permitted unless necessary in a practical exercise.

F. All students shall realize that while at the Academy they shall be directly supervised by their training supervisor and the Academy staff. Therefore, all decisions relative to their training status shall be made by the Service Dog Training Supervisor and approved, where necessary, through the chain of command.

 

R728-505-7. Lost, Damaged or Destroyed Items.

Students who lose or damage items beyond serviceability shall be required to reimburse the Academy for the replacement value.

 

R728-505-8. Cost of Training.

Costs of training are borne by the state for In-State students. Out-of-State students shall be charged the currently approved rate.

 

R728-505-9. Disciplinary Action.

A. Any student who becomes the subject of an inquiry into an allegation of violation of Academy rules or standards shall be dealt with following the procedures outlined in the Procedures for Dismissing Students from Peace Officer Training Programs for Cause found in the P.O.S.T. Policy and Procedure Manual.

B. A violation of any of the Academy rules can result in anyone or more of the following actions.

1. Verbal Reprimand.

2. Written Reprimand.

3. Probation.

4. Referral to department for discipline.

5. Suspension.

6. Dismissal.

C. A student may be prohibited from participating in Academy functions during the course of an inquiry into alleged misconduct.

D. In all cases, the student shall be given the opportunity to speak in his/her behalf before any action is taken.

E. Once an action is decided upon, the student and his/her employing agency shall be immediately notified.

F. In all cases where a student is suspended or dismissed from the Academy, his/her employing agency shall be immediately notified.

G. Students may appeal any decision by following the procedures outlined in the P.O.S.T. Policy and Procedure Manual.

 

R728-505-10. Dormitory Facilities.

A. Each student occupying the Academy dormitory is required to keep the room clean and orderly and to make the bed daily. Random inspections may be held to insure compliance. When noncompliance is found, the student in violation may be subject to disciplinary action.

B. Damage incurred through neglect or intentional abuse to Academy property shall result in the student or department head being billed for all repairs and replacements.

C. Visitors are not allowed in dormitory rooms. They are invited to visit with students in the lounges.

D. Persons of the opposite sex are strictly forbidden in the dormitory room unless such person has been instructed to be there by the Academy staff. Persons found to be in violation shall be suspended from the Academy.

E. The academy shall not be responsible for personal items left unsecured.

F. Housekeeping Information.

Because of the obvious importance of cleanliness in a group living environment, anyone who demonstrates an unwillingness to follow the Academy's housekeeping guidelines may be required to leave the dormitory facility and provide his/her own housing.

 

KEY: police dog training rules, K-9 training

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

Notice of Continuation: May 17, 2012

Authorizing, and Implemented or Interpreted Law: 53-6-105; 53-6-106; 53-6-107]