230 R.I. Code R. 230-RICR-30-40-1.5

Current through December 3, 2024

Section 230-RICR-30-40-1.5 - Licensing

A. A Certified Constable license shall be effective for a period of two (2) years or until such approval is withdrawn by the Department, pursuant to R.I. Gen. Laws § 9-5-10.1(a).

B. Pursuant to R.I. Gen. Laws § 9-5-10.1, all Certified Constable applicants shall be at least twenty-one (21) years of age and shall submit the following information to the Department:

1. A completed Certified Constable application on form(s) provided by the Department;

2. The applicant's current resume;

3. The applicant's CHR;

4. Two (2) letters of recommendation from attorneys licensed to practice law in Rhode Island each including at a minimum a statement that the licensed attorney intends to engage the applicant in the service of process in Rhode Island;

5. A letter from a Training Constable who has been licensed and in good standing for a minimum of ten (10) years stating he or she will train the applicant, or in the alternative a letter from the applicant stating he or she has been unable to independently secure a Training Constable despite his or her best efforts;

6. Indication of whether applicant intends to perform civil arrests in connection with § 1.11 of this Part;

7. Two (2) passport style photographs;

8. Proof of completion of one (1) of the following:

a. Sixty (60) hours of earned credit from an accredited college, university, or institution;

b. Four (4) years of honorable military service; or

c. Twenty (20) years of honorable service with a local, State, or Federal law enforcement agency;

9. Proof of United States citizenship;

10. Proof of possession of a valid motor vehicle operator's license;

11. Proof of successful completion of unlawful drug use screening;

12. Proof of successful completion of psychological testing performed by a professional licensed to administer psychological testing; and

13. Proof of the applicant's training exemption qualifications pursuant to § 10(D)(6) of this Part if the applicant intends to request exemption from the training requirement outlined in § 1.10(D)(1) of this Part.

C. Only applications determined to be complete by the Department will be provided to the Board for review and/or action.

D. Training. Pursuant to R.I. Gen. Laws § 9-5-10.1(3)(i), any applicant that is recommended by the Board for training as a Certified Constable after review of his or her application may be assigned the Training Constable identified in § 1.5(B)(5) of this Part or a Training Constable randomly assigned by the Department pursuant to § 1.13 of this Part.

1. Applicants who are recommended by the Board for training must complete ninety (90) hours of training no sooner than ninety (90) days of recommendation by the Board, pursuant to R.I. Gen. Laws § 9-5-10.1(b)(3)(ii).

2. An applicant must actively participate in the constable activity in which the Training Constable is involved. An applicant's observation of his or her Training Constable's training activity is permitted provided that the applicant is in such physical proximity to the Training Constable to understand the content and context of the Training Constable's actions and communications.

3. The applicant must wear his or her Trainee Identification at all times during his or her training with his or her Training Constable.

4. Upon completion of the applicant's training, the Training Constable must submit:

a. A letter with comments on the aptitude of the applicant;

b. A training log for the applicant's training period on a form provided by the Department; and

c. Verification of the Certified Constable applicant's compliance with § 1.13(A)(3) of this Part.

5. Training Log Requirements

a. The training log must include without limitation:

(1) The dates and times the applicant trained,

(2) The Court from which the particular summons, civil arrest or other order originated,

(3) The time the particular summons, civil arrest or other order was served or acted upon, and

(4) A detailed description of the training session.

b. The training log must be submitted within thirty (30) days of the last day of the applicant's training.

6. Pursuant to R.I. Gen. Laws § 9-5-10.1(b)(3)(iv), applicants not recommended for training will be so informed and denied by the Department.

7. Pursuant to R.I. Gen. Laws § 9-5-10.1(b)(3)(ii), the Department may waive the training requirement of ninety (90) hours for an applicant who:

a. Has graduated from a certified police or law enforcement academy; and

b. Has a minimum of twenty (20) years of honorable service as a police or law enforcement officer.

E. Examination. Every applicant who has satisfactorily completed training pursuant to § 1.5(D) of this Part, or is otherwise exempt from training under § 1.5(D)(7) of this Part, must successfully pass both an oral and a written examination by receiving a correct score of at least seventy percent (70%) on each portion of the test administered by the Board pursuant to R.I. Gen. Laws § 9-5-10.1(b)(4) prior to licensure.

1. The oral examination must be completed within ninety (90) days of completion of § 1.5(D) of this Part and shall be proctored by the Board at a Board meeting.

2. The written examination must be completed within sixty (60) days of the completion of the oral examination and may be proctored by a Department employee at a date and time that is convenient for the Department and the applicant.

3. After both oral and written examinations have been completed, the Board will make a recommendation to the Department on the applicant's licensure, based on the totality of materials and information provided to the Department and the Board during the application process.

4. When an applicant fails the first written exam, the applicant will be allowed to re-take the exam after a minimum waiting period of thirty (30) days. If the applicant fails the written exam a second (2^nd) time, the applicant must be re-evaluated by the Board for recommendations on the completion of additional training before the applicant is approved to re-take the written examination. If the applicant fails the written exam a third (3^rd) time, the applicant must wait one (1) year before being permitted to re-take the exam.

5. Upon passing both the oral and the written exams, the applicant must send the following additional materials to the Department:

a. Proof of a bond with sufficient sureties in the sum of ten thousand dollars ($10,000.00) pursuant to R.I. Gen. Laws § 9-5-10.2; and

b. A licensing fee in the amount of four hundred dollars ($400.00), payable to the "Rhode Island General Treasurer."

F. Oath of Office. After a final review of the Certified Constable's qualifications pursuant to R.I. Gen. Laws § 9-5-10.1(b)(5), the approved Certified Constable applicant shall be administered the oath and sworn in by an employee of the Department.

230 R.I. Code R. 230-RICR-30-40-1.5

Adopted effective 2/24/2022
Amended effective 3/28/2022