Section 13 AAC 85.010 - Basic standards for police officers(a) A participating police department may not hire a person as a police officer unless the person meets the following minimum qualifications at the time of hire: (1) is a citizen of the United States or a United States National;(2) is 21 years of age or older;(3) is of good moral character;(4) has a high school diploma recognized by a state, has a diploma from a home school program recognized or certified by a state or by a local school district within a state as having met that state's graduation requirements, or has passed a General Educational Development (GED) test;(5) is certified by a licensed physician, advanced practice registered nurse, or physician assistant on a medical record form supplied by the council to be physically capable of performing the essential functions of the job of police officer;(6) is certified by a licensed psychiatrist or psychologist, on a psychological record form supplied by the council, to be mentally capable of performing the essential functions of the job of police officer and is free from any emotional disorder that may adversely affect the person's performance as a police officer.(b) A participating police department may not hire as a police officer a person (1) who has been convicted of any felony or a misdemeanor crime of domestic violence by a civilian court of this state, the United States, or another state or territory, or by a military court;(2) who has been convicted, during the 10 years immediately before the date of hire as a police officer, of a crime of dishonesty or crime of moral turpitude, of a crime that resulted in serious physical injury to another person, or of two or more DUI offenses, by a civilian court of this state, the United States, or another state or territory, or by a military court;(3) who(A) has been denied certification, has had the person's basic certification revoked, or has surrendered the person's basic certificate, in this state or another jurisdiction, unless the denial, revocation, or surrender has been rescinded by the council under 13 AAC 85.110 or by the responsible certifying agency of the issuing jurisdiction; or(B) is under suspension of a basic certification in another jurisdiction, for the period of the suspension, unless the suspension has been rescinded by the responsible certifying agency of the issuing jurisdiction; or(4) who(A) has illegally manufactured, transported, or sold a controlled substance, unless the person was under the age of 21 at the time of the act and the act occurred more than 10 years before the date of hire;(B) within the five years before the date of hire, has illegally used a Schedule IA, IIA, IIIA, IV A, or VA controlled substance, unless (i) the person was under the age of 21 at the time of using the controlled substance; or(ii) an immediate, pressing, or emergency medical circumstance existed to justify the use of a prescription Schedule IA, IIA, IIIA, IV A, or VA controlled substance not specifically prescribed to the person; or(C) within the one year before the date of hire, has used marijuana, unless the person was under the age of 21 at the time of using marijuana.(c) A participating police department has 30 days after the date of hire to confirm that a person hired as a police officer meets the standards of (a) and (b) of this section. The council may grant an extension of the 30-day period if the council determines that the person will probably be able to meet the standards by the end of the extension period. The chief administrative officer of the police department where the person is employed shall make a written request for the extension, and shall explain the reason the extension is necessary. If a police department concludes at the end of the investigation that the person does not meet the required standards, the department shall immediately discharge the person from employment as a police officer. When deciding whether a person meets the standards of (a) and (b) of this section, the department shall (1) obtain proof of age, citizenship status, and education;(2) obtain fingerprints on two copies of FBI Applicant Card FD-258 and forward both cards to the automated fingerprint identification section of the Department of Public Safety;(3) obtain a complete personal history of the person on a form supplied by the council;(4) conduct a thorough personal-history investigation of the person to determine character traits and habits indicative of moral character and fitness as a police officer;(5) obtain a complete medical history report of the person; the report must be given to a licensed physician, advanced practice registered nurse, or physician, assistant to use as a basis in conducting a physical examination of the person;(6) require the person to undergo an examination by a licensed psychiatrist or psychologist; and(7) determine whether the person (A) has been denied certification, has had the person's basic certification revoked, or has surrendered the person's basic certificate, in this state or another jurisdiction, and whether the denial, revocation, or surrender has been rescinded by the council under 13 AAC 85.110 or by the responsible certifying agency of the issuing jurisdiction; or(B) is under suspension of a basic certification in another jurisdiction, for the period of the suspension, and whether the suspension has been rescinded by the responsible certifying agency of the issuing jurisdiction.(d) All information, documents, and reports obtained by a participating police department under (c) of this section must be placed in the permanent files of the police department and must be available for examination at any reasonable time by representatives of the council. A copy of any criminal record discovered and of the following completed council forms must be sent to the council within 30 days after the date of each hire: (1) the medical examination report;(2) the health questionnaire;(3) the personal history statement;(4) the psychological record form; and(5) the compliance form to record an agency's compliance with (c)(1) - (7) of this section.(e) A police officer shall enroll in a council-certified basic police officer academy within six months after the date of hire. A police officer shall complete a council-certified field training program, and verification of completion shall be sent, on a form supplied by the council, to the council within the probationary period specified in 13 AAC 85.040(b)(3).(f) The information in the council's files is confidential, and available only for use by the council in carrying out the requirements of AS 18.65.130 - 18.65.290 and the regulations adopted under AS 18.65.130 - 18.65.290. However, training records and the documents listed in (d) and (e) of this section relating to an applicant or police officer may be reviewed by the applicant or officer. Information that indicates that a person might not qualify for certification as a police officer, or that adversely reflects upon a person's ability to be a competent officer may be furnished by the council to a federal, state, or local law enforcement agency that has hired or is considering hiring the person. A police officer or applicant may not review information in the council's files that was supplied to the council with the understanding that the information or the source of the information would remain confidential, except that any information that serves as the basis for a decision to deny or revoke certification will be revealed to the police officer or applicant.(g) If the signature of an officer or applicant is required on a council form, the signature must be under oath or affirmation and must be accompanied by a statement by the officer or applicant that the information supplied is true, to the best of the signer's knowledge and acknowledging that the council will use the information on the forms for purposes of determining the officer's or applicant's eligibility and qualifications for training, employment, and certification.(h) The council will design and distribute forms to aid police departments in obtaining the information required in (c) of this section.Eff. 8/10/73, Register 47; am 8/10/80, Register 75; am 9/23/84, Register 91; am 3/16/89, Register 109; am 8/8/90, Register 115; am 10/24/92, Register 124; am 8/5/95, Register 135; am 7/15/98, Register 147; am 2/20/99, Register 149; am 8/16/2000, Register 155; am 3/25/2001, Register 157; am 8/8/2007, Register 183; am 2/13/2010, Register 193; am 9/24/2016, Register 219, October 2016; am 9/1/2017, Register 223, October 2017; am 8/28/2020, Register 236, January 2021Authority:AS 18.65.220
AS 18.65.240