COLORADO DEPARTMENT OF LAW
PEACE OFFICER STANDARDS AND TRAINING BOARD

2017

RULES CONCERNING VARIANCES, APPEAL PROCESS, REVOCATION HEARINGS, BASIC, PROVISIONAL AND RESERVE CERTIFICATIONS, RENEWAL OF CERTIFICATION,  FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK, CERTIFICATION AND SKILLS EXAMINATIONS, CERTIFICATION RECORDS, CERTIFICATION SUSPENSION AND REVOCATION, BASIC AND RESERVE TRAINING ACADEMIES AND IN-SERVICE TRAINING PROGRAM.

STATEMENT OF BASIS, STATUTORY AUTHORITY, AND PURPOSE

Pursuant to sections §24-31-303 (1)(g), (l) and (m), C.R.S., the Colorado Peace Officer Standards and Training Board (POST) has the authority and duty to promulgate rules and regulations deemed necessary by such board for the certification of applicants to serve as peace officers or reserve officers in the state, to promulgate rules deemed necessary by such board concerning annual in-service training requirements, and to promulgate rules as the board may deem necessary or proper to carry out the provisions and purposes of article 4 of Title 24.

Amendments are proposed to Rule 7 – Variances, to clarify the process by which individuals may request a variance and appeal a decision, and the steps taken by the POST Director and Board upon receipt of requests. 

Amendments are proposed to Rule 8 – Appeal Process for Peace Officer Applicants – Certification Denial as a Result of a Misdemeanor Conviction, to clarify the process by which individuals may appeal denial of POST certification for conviction of pertinent misdemeanors.

Amendments are proposed to Rule 9 – Revocation Hearings for Criminal Conduct, to clarify the process by which an individual may appeal revocation of their POST certification for conviction of any felony and pertinent misdemeanors.

Amendments are proposed to Rule 10 – Basic Peace Officer Certification, to expand the documentation for proof of high school completion, to outline the requirements for officers previously employed in other states, specify a time limit for validity of skills exams, specify mandated training requirements, to clarify expiration circumstances for officers on military deployment, and to remove gender-specific language.

Amendments are proposed to Rule 11 – Provisional Certification, to specify how often provisional certifications may be issued to one individual, specify required forms, clarify status of prior service for Provisional candidates, specify mandated training requirements,  expand the documentation for proof of high school completion, and to remove gender-specific language.

Amendments are proposed to Rule 12 – Reserve Certification, to expand the documentation for proof of high school completion, specify mandated training requirements, and to remove gender-specific language.

Amendments are proposed to Rule 13 – Renewal of Basic Certification, to specify requirements for officers who have worked as officers in other states prior to applying for renewal of their Colorado POST certification, specify mandated training requirements and to remove gender-specific language.

Amendments are proposed to Rule 14 – Fingerprint-Based Criminal History Record Check, to clarify and revise time limit and format by which academy student information must be submitted by academy staff.

Amendments are proposed to Rule 15 – Certification Examination – Basic, Provisional, Renewal, to specify the time limit for validity of skills exams, and to remove gender-specific language.

Amendments are proposed to Rule 16 – Skills Examinations for Provisional and Renewal Applicants, to specify the time limit for validity of skills exams, and to require prepayment and prior POST approval for any individual skills exams with individual SME members after failure of skills exam(s).

Amendments are proposed to Rule 17 – Certification Records, to clarify the annual requirement for each agency to review their roster of certified officers is correct, and to require that all officers have a valid Colorado driver’s license or ID. 

Amendments are proposed to Rule 18 – Certification, Suspension, and Revocation – Basic, Provisional, Renewal, and Reserves, to specify that reinstatement of a peace officer certification shall be effective immediately upon approval by the POST Board.

Amendments are proposed to Rule 21 – Basic and Reserve Training Academies, to expand the documentation for proof of high school completion, and to clarify and revise time limit and format by which academy student information must be submitted by academy staff.

Amendments are proposed to Rule 28 – In-Service Training Program, to clarify the in-service training requirement minimum training in each perishable skill.

Statutory Basis
The statutory basis for adoption of the proposed rules are §24-31-303(1)(g) C.R.S. §24-31-305(1.7)(c) C.R.S. and §24-31-303(l) C.R.S.
Purpose
The purpose of the amended rules is to provide clarification to persons subject to POST peace officer certification requirements and provide updated information regarding items utilized in these rules.  
Contemplated Schedule for Adoption
Rules will likely be adopted on March 24, 2017, with an effective date of July 1, 2017, with the exception of Rule 28, which has an effective date of January 1, 2018.

Listing of Persons and Parties Affected
Peace officers, including those applying for certification and those currently employed as certified peace officers, will be affected by this anticipated rulemaking.

It has been declared by the General Assembly that certification and training standards of peace officers is a matter of statewide concern.  The absence of implementing rules to carry out the purpose of the statutes would be contrary to the public health, peace, safety and welfare of the state.  For these reasons, it is imperatively necessary that these proposed amendments be adopted.