4 Colo. Code Regs. § 901-1-8
Current through Register Vol. 47, No. 22, November 25, 2024
Rule 4 CCR 901-1-8 - Process for Seeking Exemption from Statutory Certification RestrictionsEffective January 30, 2023
(a) The Board has promulgated these rules to ensure orderly and fair treatment of all POST approved training academy, renewal and provisional peace officer applicants. § 24-31-305, C.R.S., requires the POST Board to deny or revoke certification of any person with a disqualifying incident.(b) If an applicant anticipates prior to the denial of certification that they will be denied certification on the ground that the applicant has a disqualifying incident, the applicant must provide a fingerprint-based criminal history record check, by submitting fingerprints to the Colorado Bureau of Investigation and the U.S. Federal Bureau of Investigation, and request an exemption from denial of certification. When POST receives the criminal history and exemption request, it will process the exemption request using the process described in section (c) of this Rule 8.(c) To seek an exemption of a certification denial, or to request a reinstatement following a certification revocation or suspension, the applicant or the chief law enforcement officer, if any, of the potential employing agency, or the effected certificate holder, must submit a written petition to the Director or their designee, notifying of such disqualifying incident, and requesting that the Director or their designee to grant the applicant an exemption from certification denial, or to the affected certificate holder certificate reinstatement of the certificate. The petition must fully explain all relevant facts. Any person seeking an exemption from certificate denial or reinstatement of a certificate due to a disqualifying incident has the burden to establish: (I) The exemption or reinstatement is consistent with the basic purposes and policies of § 24-31-305, et seq., C.R.S., including § 24-31-305 (1.5)(b), if applicable;(II) Mitigating circumstances exist that warrant exemption or reinstatement;(III) Certification would be in the public interest; and(IV) A true and accurate copy of the court record with disposition, law enforcement offense/case report from the disqualifying incident, and/or any other relevant documentation of a disqualifying incident, is attached to the petition. If the charging agency no longer has a copy of the report, a letter from the agency verifying that fact should be attached.(d) The Director or their designee, at their discretion, may determine the merits of the request based upon the petitioner's written submissions, may request additional information, or may hold a meeting.(e) Any exemption granted under this rule shall be subject to such limitations or conditions as the Director, or their designee, or Board deems necessary in order to conform to the basic purposes and policies of applicable law.(f) The Director's, or their designee's, decision may be appealed by following the process outlined in Rule 5- Hearings.(g) In accordance with § 24-31-303(5)(a) and § 24-31-305 (1.6)(a)(b), C.R.S., no person may, through an exemption or otherwise, serve as a certified peace officer, as defined in § 16-2.5-102 or § 16-2.5-110, C.R.S., without having first passed the required certification requirements and become certified.(h) No person convicted of a felony may request an exemption from denial of enrollment.37 CR 24, December 25, 2014, effective 1/14/201539 CR 01, January 10, 2016, effective 1/31/201640 CR 08, April 25, 2017, effective 7/1/201741 CR 07, April 10, 2018, effective 4/30/201842 CR 01, January 10, 2019, effective 1/30/201943 CR 01, January 10, 2020, effective 1/30/202043 CR 20, October 25, 2020, effective 11/15/202044 CR 01, January 10, 2021, effective 1/30/202144 CR 08, April 25, 2021, effective 5/15/202144 CR 20, October 25, 2021, effective 11/15/202145 CR 01, January 10, 2022, effective 1/30/202245 CR 07, April 10, 2022, effective 5/15/202245 CR 19, October 10, 2022, effective 11/1/202246 CR 01, January 10, 2023, effective 1/30/2023