132.00.15 Ark. Code R. 015

Current through Register Vol. 49, No. 10, October, 2024

Rule 132.00.15-015 - Regulation 1010 Certification of Law Enforcement Officers (All Officers)

(1)CERTIFICATION REQUIRED

No individual shall serve, be employed or otherwise function as a law enforcement officer in the state who is not eligible for certification by the Commission at the appropriate classification for the position held by the individual, except, an individual may serve, be employed or otherwise function as a law enforcement officer for a term of nine (9) months from his initial employment or appointment as a law enforcement officer. Upon the finding of extraordinary circumstances, the Commission, by majority vote, may extend this period by a maximum of three (3) months, for an absolute maximum period of twelve (12) months. (See Regulation 1008 for exceptions.) All requests for extensions must be submitted and received by the Commission prior to the end of the 9 month period, or any extension thereof.

(2) Certificates may be issued by the Commission for the purpose of raising the level of competence of law enforcement, to recognize completion of training and education and to foster cooperation among the Commission, agencies, groups, organizations, jurisdictions and individuals.

(3) Certificates remain the property of the Commission and the Commission shall have the power to revoke or recall any certificate as provided in the Act.

(a) The Commission may revoke the certification of any law enforcement officer after written notice and hearing for any of the following reasons:

(i) The law enforcement officer was separated from his or her employment due to a failure to meet the minimum qualifications for employment or appointment as a law enforcement officer,

(ii) The law enforcement officer left employment due to conduct or involvement in any act which is punishable by law.

(iii) The law enforcement officer was dismissed from employment for a violation of the Rules or Regulations of the law enforcement agency for which he was employed.

(iv) The law enforcement officer resigned while he was the subject of a pending internal investigation.

(v) The law enforcement officer falsified any information required to obtain certification.

(vi) The certification was issued in error or mistake by the Commission.

(vii) The individual has ceased to meet the minimum standards for employment or appointment as established by Regulation 1002.

(viii) Committed a violation of the Law Enforcement Code of Ethics as set out in Specification S-21.

(b) The Commission shall notify in writing any certified individual when the Commission believes there is a reasonable basis for revoking certification of the individual. The notice shall specify the basis of the revocation under this Act. Upon receipt of the notice the individual The individual shall be given no less than (30) days notice of the time and place set for the hearing unless the individual agrees to accept less than thirty (30) days notice. The hearing shall be confined to the basis stated in the notice. The individual is entitled to be present at the hearing, to examine witnesses and to be assisted by counsel. If the Commission finds grounds for revocation of the certification, it shall enter its order stating what the grounds are for revoking certification. If it finds that inadequate or no grounds exist, it shall dismiss the proceedings.

(c) Should any portion of this procedure ever be in conflict with any provisions of the State Administrative Procedures Act, the State Administrative Procedures Act will be followed in every case.

(d) Should an officer lose certification or become ineligible for employment or training as a direct result of the employing agency's failure to take any other action required by the Commission, the officer may within ten (10) days after notification that certification has expired, request a hearing before the Commission. If the Commission finds that the loss of certification is through no fault of the officer, but is the result of the employing agency's failure to comply, the Commission may at its discretion extend the period of time set out in Regulation 1003 (4) by sixty (60) days from the date of the hearing.

During the sixty (60) day extension period, the officer will be scheduled for the required training course.

(e) The certification of any law enforcement officer shall expire if the officer does not serve as a law enforcement officer for six (6) consecutive months.

(f) An individual who has had his certification revoked by the Commission shall not be eligible to regain certification until such time as the Commission, at its discretion and by majority vote, is satisfied that the individual is eligible for re-certification.

(4) Basic, General, Intermediate, Advanced and Senior certificates, are established for the purpose of fostering professionalism, education, and experience necessary to adequately perform the duties of the law enforcement service. Requirements for the Basic, General, Intermediate, Advanced and Senior certificates are prescribed in Specification S-15, "Certification of Law Enforcement Officers".

(5) Part-time I Law Enforcement Office, Part-time II Law Enforcement Officer, Specialized Police Personnel and Auxiliary Law Enforcement Officer certificates are established for the purpose of recognizing those officers in these classifications who have met the required minimum selection and training standards as provided for in this manual. (See Specification S-15 and S-20)

(6) When determination of "eligibility for certification" of officers, elected by a vote of the people as defined by Act 452 of 1975, becomes necessary for establishing qualifications to apply for, file for, or hold certain positions or elective office as required by law, procedures described in Specification S-15/5 shall apply.

CHIEF OF POLICE CERTIFICATE - (NON- MANDATORY)

(1) In accordance with Arkansas Code Annotated § 12-9-104, the following are suggested selection and training requirements and non-mandatory basic and advanced levels of certification for Chiefs of Police.

(2) LEVEL ONE: In addition to the requirements set forth in Section 1 of this specification, a Chief of Police seeking the award of Chief of Police Certificate - Level One should:

(a) Hold intermediate law enforcement officer certification or higher.

(b) Complete a minimum of forty (40) hours of police supervision/management training.

(c) Possess a minimum of two (2) years of police supervisory or management experience.

(3) LEVEL TWO: In addition to the requirements set forth in Section 1 of this specification, a Chief of Police seeking the award of Police Certificate - Level Two should:

(a) Hold advanced law enforcement officer certification or higher.

(b) Successfully complete a police supervision and/or management course of instruction of four (4) weeks or more duration, such as the FBI Academy or the School of Police Supervision offered by the Arkansas Criminal Justice Institute or a comparable course such as those offered by the Southwestern Legal Foundation, Southern Police Institute, or Northwestern University.

(c) Possess a minimum of five (5) years' experience as a police chief or staff level command officer.

(4) SENIOR CHIEF: In addition to the requirements set forth in Section 1 of this specification, a Chief of Police seeking the award of Chief of Police Certificate - Senior Chief should:

(a) Hold the senior law enforcement officer certification.

(b) Successfully complete a police supervision and/or management course of instruction of four (4) weeks or more duration, such as the FBI Academy or the School or Police Supervision offered by the Arkansas Criminal Justice Institute or a comparable course such as those offered by the Southwestern Legal Foundation, Southern Police Institute, or Northwestern University.

(c) Possess a minimum of five (5) years' experience as police chief.

132.00.15 Ark. Code R. 015

2/23/2016