Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since October 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R728. Public Safety, Peace Officer Standards and Training.

Rule R728-411. Guidelines for Administrative Action Against Individuals Functioning As Peace Officers Without Valid Peace Officer Certification.

As in effect on October 1, 2019

Table of Contents

R728-411-1. 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.

R728-411-2. Purpose.

The purpose of this rule is to provide procedures for administrative action when an individual is found to be exercising the authority of a peace officer without valid peace officer certification.

R728-411-3. Definitions.

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

R728-411-4. Impersonating a Peace Officer.

(1) If the division becomes aware that an individual is illegally exercising the authority of a peace officer, the division shall refer the matter to the proper law enforcement agency having jurisdiction, for the following circumstances:

(a) when an individual has never been certified as a peace officer;

(b) when an individual's certification has been revoked by the council; and

(c) when an individual's certification has lapsed pursuant to Section 53-6-208.

R728-411-5. Unauthorized Exercise of Authority.

(1) If the division becomes aware that an individual whose peace officer certification is not currently active is exercising the authority of a peace officer, the division shall follow the administrative process outlined in Section R728-411-6, for the following circumstances;

(a) when an individual's certification has been suspended by the council;

(b) when an individual's certification has been suspended due to an annual training deficiency pursuant to Section 53-6-202;

(c) when an individual's certification has been designated "inactive" pursuant to Section 53-6-208; and

(d) when an individual has completed a basic training program and become certified, but is not "sworn" as provided in Sections 53-13-103 to 53-13-106.

(2) In any of the above circumstances the division may also refer the matter to the proper law enforcement agency having jurisdiction.

R728-411-6. Procedures Governing Unauthorized Exercise of Authority.

(1) If an individual is found to be performing the duties and functions of a peace officer without valid certification or authority as outlined in Section R728-411-5, the following procedures will be initiated by the division:

(a) written notice will be sent by standard mail, or electronically, to the individual and the individual's employing agency administrator indicating that the individual does not have the statutory authority to act as a peace officer in the State of Utah;

(b) The written notice shall:

(i) state that the individual should cease any and all activities as a peace officer; and

(ii) indicate the appropriate procedures for the individual and employing agency to follow in order for the individual to acquire peace officer authority.

(c) The individual must respond to the written notice within ten business days.

(2) Failure to submit a response within ten business days or failure to immediately cease the unauthorized exercise of authority, shall cause the division to seek a writ from the Attorney General's Office to cease and desist from acting as a peace officer in the State of Utah.

(a) The writ will be directed to the individual and the individual's employing agency.

(3) Failure to cease the unauthorized exercise of authority after the issuance of the writ, may result in:

(a) criminal charges being sought against the individual for a violation of Section 76-8-512.; and

(b) administrative action against the individual's certification for a violation of Section 53-6-211.

KEY

peace officer certification, impersonating a peace officer

Date of Enactment or Last Substantive Amendment

August 23, 2016

Notice of Continuation

December 13, 2016

Authorizing, Implemented, or Interpreted Law

53-6-105; 53-6-202; 53-6-208; 53-13-103; 53-13-106


Additional Information

Contact

For questions regarding the content or application of rules under Title R728, please contact the promulgating agency (Public Safety, Peace Officer Standards and Training). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.