R728.  Public Safety, Peace Officer Standards and Training.
R728-410.  Guidelines Regarding Annual Statutory Training.
R728-410-1.  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.

R728-410-2.  Purpose.
	The purpose of this rule is to provide procedures regarding the reporting of annual statutory training.

R728-410-3.  Definitions.
	(1)  Terms used in this rule are defined in Section 53-6-102.
	(2)  In addition:
	(a)  "Annual statutory training" means the annual training requirement for peace officers and dispatchers as established in sections 53-6-202 and 53-6-306;
	(b)  "In-service training" has the same meaning as annual statutory training;
	(c)  "Reporting year" means an annual period starting on July 1, and ending on June 30; and
	(d)  "Training year" means the same as reporting year.

R728-410-4.  Annual Training Requirement.
	(1)  The director may waive a portion of the annual statutory training requirement under the following circumstances:
	(a)  a peace officer who is employed for only part of a year shall obtain three and one-half hours for each month employed during the reporting year;
	(b)  a dispatcher who is employed for only part of a year shall obtain one and three-fourth hours for each month employed during the reporting year; and
	(c)  a peace officer or dispatcher who terminates employment and then returns to work within 18 months shall be required to make up any annual training deficiency from the previous year.
	(d)  A peace officer or dispatcher who is on long term disability, medical leave, or restricted duty, may obtain a waiver of training by providing a letter from a physician stating that participation in any type of training, including watching video or computer based courses would be detrimental to the individual's health.
	(e)  A peace officer or dispatcher who is actively deployed in military service may obtain a waiver of training hours for active military service by submitting a copy of the active duty order to the division.
	(i)  The peace officer or dispatcher must obtain the prorated number of training hours for each month not actively deployed during the reporting year.

R728-410-5.  Training Record Maintenance.
	(1)  The chief administrative officer of an agency employing peace officers or dispatchers shall be responsible for the recording of all training obtained by peace officers or dispatchers in his or her agency.
	(2)  The record must be accurate and available in the event of an audit or subpoena of training records.
	(3)  The training record shall contain the following:
	(a)  the subject or topic instructed;
	(b)  the number of classroom or field hours;
	(c)  the location and date of the training; and
	(d)  the name of the instructor.

R728-410-6.  Reporting Training -- Agency Responsibility.
	(1)  At the conclusion of each training year, a chief administrative officer employing peace officers or certified dispatchers shall report to the division the number of training hours received by each officer or certified dispatcher employed by that agency at any time during the training year, regardless of the employee's current employment status.
	(2)  This report is due to the division by July 31.
	(a)  The report shall be submitted electronically and must contain the following information:
	(i)  name of the officer or dispatcher;
	(ii)  the POST identification number of each peace officer or dispatcher; and
	(iii)  the number of training hours received by each peace officer or dispatcher during the reporting year.
	(3)  The chief administrative officer shall follow procedures outlined in POST policy and procedures on reporting training hours.

R728-410-7.  Authorized Training.
	(1)  All training offered by or though the division is authorized for in-service credit.
	(2)  The chief administrative officer of an agency may authorize other forms of training for peace officers or dispatchers employed by that agency.
	(a)  The chief administrative officer shall assume responsibility and liability for course content and instructor qualification not provided by the division.

R728-410-8.  Suspension for Failure to Obtain Annual Statutory Training.
	(1)  The division shall suspend the certification of any peace officer or dispatcher who:
	(a)  fails to receive the required annual training hours by July 31; or
	(b) for whom the chief administrative officer of the employing agency fails to report required training hours to the division by July 31.
	(2)  The individual and the employing agency shall be notified of this action in writing.
	(3)  The suspension shall remain in effect until the deficient training hours are completed and reported to the division.
	(4)  The division shall notify the individual and employing agency when the certification has been reinstated.
	(5)  If the individual fails to make up the deficient training by October 1, the individual's name shall be reported to Utah Retirement Systems (URS) for determination by URS as to how the deficient hours may affect the individual's retirement credit.
	(a)  Deficient hours reported to the division after October 1, shall only be used to reinstate peace officer status and will not be reported to URS.
	(6)  Training received by a suspended officer or dispatcher in a new training year shall be credited to the previous deficient training year until the deficiency is satisfied.
	(a)  Training hours used to satisfy an old deficiency may not be credited to the new training year.

KEY:  law enforcement officers, annual training
Date of Enactment or Last Substantive Amendment:  August 23, 2016
Notice of Continuation:  December 19, 2016
Authorizing, and Implemented or Interpreted Law:  53-6-105; 53-6-202; 53-6-306