Rule 8 – Appeal Process for Peace Officer Applicants – Certification Denial as a Result of a Misdemeanor Conviction
Effective July 1, 2017 December 1, 2017

(a)	The Board has promulgated these rules to ensure orderly and fair treatment of all POST approved training academy, renewal and provisional peace officer applicants. § 24-31-305, C.R.S., requires the POST Board to deny or revoke certification of any person convicted of a felony or particular misdemeanors . or who has entered into a For the purpose of this rule, the term ‘conviction’ includes deferred judgments and deferred sentencesing agreement, a deferred prosecution agreement, or a pretrial diversion agreement, regardless whether the agreement is pending or was successfully completed. imposed by a court or judge, until such time as the charges are dismissed. Any Colorado juvenile adjudication shall not be deemed a conviction.

(b)	If an applicant anticipates prior to the denial of certification that he or she will be denied certification on the ground that the applicant has been convicted of or entered into a deferred judgment and sentencing agreement, deferred prosecution agreement, or pretrial diversion agreement for any misdemeanor or misdemeanors described in subsection 1.5 of § 24-31-305, C.R.S., the applicant must provide a fingerprint-based criminal history record check, through the submission of a POST fingerprint card to the Colorado Bureau of Investigation (CBI) and the Federal Bureau of Investigation (FBI), and may request an exemption from denial of certification.

(c)	To appeal denial of Colorado certification, an applicant or the chief law enforcement officer, if any, of the potential employing agency must submit a written petition to the POST Director, notifying the Board of such conviction or convictions, deferred  judgment and sentencing agreement, deferred prosecution agreement, or pretrial diversion agreement and request the Director to grant the applicant an exemption from denial of certification. The petition must fully explain all relevant facts. Any person seeking an exemption of a misdemeanor conviction and consideration of certification has the burden of establishing that:

(I)	The appeal exemption is consistent with the basic purposes and policies of § 24-31-305, et seq., C.R.S., including § 24-31-305(1.5)(b), if applicable; and

(II)	Mitigating circumstances exist that warrant exemption; and

(III)	A true and accurate copy of the court record with disposition and police offense/case report upon which the conviction resulted is attached to the petition. If the charging agency no longer has a copy of the report, a letter from the agency verifying that fact should be attached.

(d)	The Director, at his  their discretion, may determine the merits of the request based upon the applicant’s written submissions, or may request additional information.

(e)	Any exemption granted under this rule shall be subject to such limitations or conditions as the Director or Board deems necessary in order to conform to the basic purposes and policies of applicable law.

(f)	After a decision has been made by the POST Director, the applicant has thirty (30) days to appeal the decision to the POST Board.  If any determination made by the Director pursuant to this rule is not appealed by the applicant within thirty (30) days pursuant to Rule 5(c), such determination shall become final.   If a determination is appealed by the applicant, the Board will decide whether to hear the appeal.  An appeal of the Director’s decision must be made in writing and submitted to the POST Director.  Upon receipt of the appeal, the POST Director will notify the POST Board members and request a decision be made.  If a majority of the POST Board members agree to hear the appeal, a five-member panel of Board members shall proceed to hear the Board appeal. The appeal hearing must commence within thirty (30) days from the date the Board agreed to hear the appeal. Any summary affirmance or decision on the merits by the sub-committee of the Board shall be deemed final agency action. The applicant will be notified of the Board’s action.

(g)	In accordance with § 24-31-303(5)(a) and § 24-31-305(1.6)(a)(b), C.R.S., no person may, through an exemption or otherwise, serve as a certified peace officer, as defined in § 16-2.5-102 or § 16-2.5-110, C.R.S., without having first passed the required certification requirements and become certified.