Md. Code Regs. 12.04.01.04

Current through Register Vol. 51, No. 22, November 1, 2024

Section 12.04.01.04 - Selection Standards for Provisional Certification

A. Age. An applicant for the position of police officer:

(1) Shall be 21 years old or older to be eligible for provisional certification; and

(2) May attend an academy while younger than 21 years old but may not perform law enforcement duties until the applicant is 21 years old and provisionally certified.

B. Citizenship. An applicant for the position of police officer shall:

(1) Be either:

(a) A United States citizen; or

(b) A permanent legal resident of the United States who:

(i) Is an honorably discharged veteran of the United States Armed Forces; and

(ii) Has submitted an application for United States citizenship that is pending approval; and

(2) Submit documents to the hiring law enforcement agency that support a claim of:

(a) Citizenship; or

(b) Permanent legal residency and proof of a pending application for United States citizenship.

C. Education.

(1) An applicant for the position of police officer shall possess a:

(a) High school diploma issued by a high school or recognized by the State Board of Education; or

(b) General Education Development (GED) certificate or diploma:

(i) Issued by Maryland or another state, or

(ii) Recognized by the State Board of Education.

(2) The law enforcement agency may accept a college degree in place of the requirements under §C(1) of this regulation.

(3) In the absence of a copy of a diploma, an agency head may accept a certified transcript indicating that an applicant successfully completed the requirements for graduation from a high school or college.

(4) An agency head shall maintain a copy of the appropriate diploma or other acceptable documentation.

(5) If a GED test was taken outside Maryland or while in the military service, and no certificate or diploma has been issued by a state:

(a) An applicant shall submit a copy of the GED test scores to the agency head; and

(b) The test results may be accepted by the Commission if they are consistent with the requirements established by the State Board of Education.

(6) The agency head hiring the applicant shall indicate the appropriate information documenting the applicant's completion of the education requirements on the AFC.

D. An individual may not be a police officer applicant, or maintain police officer certification, unless the individual is eligible under federal and Maryland law to possess and use a handgun.

E. Background Investigations and Criminal History.

(1) An agency head shall perform a background investigation and criminal history investigation, including a fingerprint check, according to the requirements under Regulation .05 of this chapter.

(2) As part of the background investigation, an agency head shall investigate an applicant's prior use of controlled dangerous substances, narcotic drugs, and marijuana as specified under Regulation .16 of this chapter.

F. Physical and Mental Health Examinations.

(1) Before an applicant may be selected for a position as a police officer, the applicant shall be examined by and receive a recommendation from a licensed, trained, and qualified medical doctor indicating that the applicant is physically able to:

(a) Perform the duties of a police officer as determined by the employing law enforcement agency; and

(b) Participate in the entrance-level training program.

(2) Before an applicant may be selected for a position as a police officer, and qualified mental health care professional and receive a positive recommendation from the mental health care professional a mental health professional shall conduct a psychological evaluation of the applicant and offer a positive recommendation indicating that the applicant is:

(a) Emotionally and mentally fit; and

(b) Able to perform the duties of a police officer as these duties are determined by the law enforcement agency.

(3) Certification of Results.

(a) An agency head shall include, on the AFC, the following information concerning the licensed, trained, and qualified medical doctor and mental health care professional examining the applicant:

(i) Name;

(ii) Address; and

(iii) Date of the examination.

(b) The agency head hiring the applicant shall maintain documentation concerning the examinations required under this section supporting that the applicant is physically and mentally and emotionally fit for the duties of a police officer.

G. Oral Interview.

(1) An agency head shall:

(a) Require an oral interview to assess the applicant's ability to communicate; and

(b) Record the date of the interview and the name of the interviewer on the AFC.

(2) An agency head shall maintain a record of the interview.

H. Drug Screening.

(1) An applicant shall receive a drug screening to test for controlled dangerous substances, narcotic drugs, and marijuana as specified in Regulation .15 of this chapter.

(2) The hiring agency head shall maintain a record of the drug screening results and record the results on the AFC.

(3) If the test results exceed the levels under Regulation .15 of this chapter, the Commission may not certify the applicant unless the positive screen for a controlled dangerous substance, narcotic drugs, or marijuana was determined to be the result of a legitimate ingestion or exposure as established under Regulation .16 of this chapter.

I. Driver's License and Driving Record.

(1) The applicant shall possess a valid driver's license.

(2) The agency head hiring the applicant shall:

(a) Perform a check of the applicant's driving record and maintain a copy of the results; and

(b) Record on the AFC the applicant's driver's license number, the state of issue, and an indication that the driving record has been reviewed.

J. This regulation does not prohibit an agency head from establishing more restrictive standards than those of the Commission for selection of an applicant for the position of police officer.

K. An agency head may submit a request for a waiver of standards under this regulation according to the requirements under Regulation .14 of this chapter.

Md. Code Regs. 12.04.01.04

Regulation .04 amended effective October 10, 1983 (10:20 Md. R. 1788); December 31, 1984 (11:26 Md. R. 2279); May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657); May 8, 1995 (22:9 Md. R. 647)
Regulation .04A, B amended effective March 14, 1983 (10:5 Md. R. 465)
Regulation .04B, D amended effective January 1, 1992 (18:22 Md. R. 2397)
Regulation .04C amended effective February 20, 1981 (8:4 Md. R. 342); May 5, 1986 (13:9 Md. R. 1031)
Regulations .04 adopted effective August 25, 1997 (24:17 Md. R. 1215)
Regulations .04, .09, .12, and .18 amended as an emergency provision effective August 25, 1997 (24:19 Md. R. 1336); amended permanently effective February 9, 1998 (25:3 Md. R. 146)
Regulation .04D amended effective July 1, 2000 (27:10 Md. R. 967)
Regulation .04E amended effective July 1, 2000 (27:10 Md. R. 966); amended effective 46:18 Md. R. 774, eff. 10/1/2019; amended effective 48:4 Md. R. 177, eff. 2/22/2021