COLORADO DEPARTMENT OF LAW
PEACE OFFICER STANDARDS AND TRAINING BOARD

2019

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 1 – Definitions: 
•	Specify approved academies in definitions for “Assistant skills instructor” and “Full skills instructor.”
•	Delete definition for “Conviction.”
•	Delete definition for “Dimlight.”
•	Add definition for “Disqualifying Incident” to include convictions; entry into deferred judgment and sentencing agreement, deferred prosecution agreement, or pretrial diversion agreement, whether pending or successfully completed; making false or misleading statements or omissions in the application for certification; and otherwise failing to meet the certification requirements established by the Board. 
•	Add definition for “Incident.”
•	Clarify statute reference in definition for “Peace officer.”
•	Clarify “Test out” requirements.
Amendments are proposed to Rule 8 – Process for Seeking Exemption from Statutory Certification Restrictions, to eliminate reference to POST fingerprint card, and to include “disqualifying incident” in place of “conviction” so as to include all disqualifying incidents which are not convictions.  

Amendments are proposed to Rule 9 – Revocation Hearings for Criminal Conduct, to change the rule title to Revocation Hearings, to add disqualifying incident to verbiage, and to remove redundant language.

Amendments are proposed to Rule 10 – Basic Peace Officer Certification, to add college records as proof of high school completion, to remove specific military document form references to allow for multiple discharge forms, and to specify requirement for repeating a Basic academy if certification is not obtained within two years of the end of an academy completion. 

Amendments are proposed to Rule 11 – Provisional Certification, to add college records as proof of high school completion, specify requirement for military discharge documentation, specify deadline for receiving Provisional certification, clarify test-out SME requirements, specify requirement to complete mandated § 24-31-315 within six months of appointment, and to change language regarding variance requests to align with language in other rules.  

Amendments are proposed to Rule 12 – Reserve Certification, to add college records as proof of high school completion, specify requirement for military discharge documentation, and to specify deadline for receiving reserve certification.

Amendments are proposed to Rule 13 – Renewal of Basic Certification, to clarify test-out SME requirements, and to delete reference to remedial training for skills exams.  

Amendments are proposed to Rule 14 – Fingerprint-Based Criminal History Record Check, to include reference to CBI approved vendors for fingerprinting.  

Amendments are proposed to Rule 19, to remove fee for Vehicle Identification Number Inspector certification.

Amendments are proposed to Rule 24 – Skills Training Safety and Skills Program
Requirements for Basic and Reserve Academies, to clarify timing for dimlight live-fire shooting exercises.

Removal of text of Rule 27 - Retired Law Enforcement Officer Authority to Carry Concealed Firearms.  This rule was repealed February 7, 2014.

Amendments are proposed to Rule 28 - In-Service Training Program, to specify that firearms qualification does not meet mandated training requirements, to clarify requirement for agency to enter training for all officers employed at any time throughout the calendar year, to clarify prorated training requirements, to add a waiver requirement for officers on administrative leave, and to specify conditions under which POST may declare an agency noncompliance after release of final report.

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 be adopted on December 7, 2018, with an effective date of Janauary 30, 2019.

Listing of Persons and Parties Affected
Peace officers, including those applying for certification and those currently employed as certified peace officers, and law enforcement academy staff 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.