Ariz. Admin. Code § 13-4-104

Current through Register Vol. 30, No. 50, December 13, 2024

Section R13-4-104 - Peace Officer Category Restrictions

A. Specialty peace officer. A specialty peace officer has only the authority specified in R13-4-101.

B. Peace officer category change. A certified peace officer may be appointed to another peace officer category within the same agency without the background investigation and medical examination required in R13-4-105, R13-4-106, and R13-4-107 when these requirements were previously satisfied for appointment if:

1. No more than 30 days have elapsed since the peace officer's termination, and

2. The change is to a category for which the officer is qualified under R13-4-110(A).

C. Reinstatement by an agency following termination by the agency for misconduct and physical separation from the agency for more than 30 days. Before reinstating a peace officer who was terminated for misconduct and physically separated from service for more than 30 days, the agency shall conduct the following background investigation and submit the results to the Board. The agency shall conduct the background investigation even if the peace officer's official date of reinstatement is within the 30 days of physical separation from the agency:

1. A personal history statement as described in R13-4-106(A);

2. A background interview regarding the time physically separated from the agency;

3. A polygraph examination as described in R13-4-106(C)(8) regarding the time physically separated from the agency and including:

a. Were you involved in any criminal activity while physically separated from the agency;

b. Did you have an encounter with law enforcement while physically separated from the agency;

c. Was there a change in your medical condition while physically separated from the agency;

d. Questions to update the information required under R13-4-105(A)(6) and (A)(9) through (A)(15) and R13-4-106(C)(2) and (C)(4); and

e. Is all the information you provided true, complete, and accurate.

D. Inactive status. Certified status of a peace officer becomes inactive upon termination.

E. Lapse of certified status. The certified status of a peace officer lapses after three consecutive years on inactive status.

F. Reinstatement from inactive status. A peace officer whose certified status is inactive and has not lapsed may have certification reinstated if the requirements of R13-4-105 are met for the new appointment, and if appointed:

1. In the same peace officer category, or;

2. As a specialty peace officer from inactive status as a full-authority peace officer.

G. Active status as a specialty peace officer does not prevent lapse of certified status as a full-authority peace officer.

Ariz. Admin. Code § R13-4-104

Adopted effective March 23, 1989 (Supp. 89-1). Amended effective August 6, 1991 (Supp. 91-3). Amended effective October 20, 1995; filed with the Secretary of State April 20, 1995 (Supp. 95-2). Amended by final rulemaking at 8 A.A.R. 3201, effective July 11, 2002 (Supp. 02-3). Amended by final rulemaking at 22 A.A.R. 555, effective 4/8/2016. Amended by final rulemaking at 26 A.A.R. 2745, effective 12/6/2020. Amended by final rulemaking at 28 A.A.R. 1044, effective 7/3/2022.