COLORADO DEPARTMENT OF LAW
PEACE OFFICER STANDARDS AND TRAINING BOARD

2017

RULES CONCERNING APPEAL PROCESS AND CERTIFICATION DENIAL AS A RESULT OF MISDEMEANOR CONVICTION

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 (POST) Board 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 and to promulgate rules as the board may deem necessary or proper to carry out the provisions and purposes of article 31 of Title 24.

Amendments are proposed to Rule 8 – Appeal Process for Peace Officer Applicants – Certification Denial as a Result of a Misdemeanor Conviction, to comply with state law.

Statutory Basis
The statutory basis for adoption of the proposed rules are §24-31-303(1)(g) and (l), C.R.S., §24-31-305(1.5)(b), C.R.S.
Purpose
The purpose of the amended rule is to comply with state law regarding denial of certification to individuals who entered into deferred judgment and sentencing, deferred prosecution, or pretrial diversion agreements on the crimes described in     § 305(1.5)(a) if the POST Board determines that certification is not in the public interest.

Schedule for Adoption
Rules will be adopted on December 1, 2017, with an effective date of December 1, 2017, and an expiration date of March 31, 2018.  

Listing of Persons and Parties Affected
Individuals applying for POST certification 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 current Rule 8 contains a provision that conflicts with § 24-31-305(1.5)(b) and has caused confusion in the law enforcement community. For these reasons, it is imperatively necessary that these proposed amendments be adopted.