4 CCR 901-1
DEPARTMENT OF LAW Peace Officer Standards and Training Board PEACE OFFICER TRAINING PROGRAMS AND PEACE OFFICER CERTIFICATION 4 CCR 901-1 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Rule 1 – DEFINITIONS As used in these rules:
(a) "Academy director" means that person responsible for the administration and operation of a P.O.S.T. approved academy.
(b) "Applicant" means any person formally seeking approval by the Board.
(c) "Appointed" means sworn in and serving as a peace officer or reserve peace officer.
(d) "Approved" means formally accepted or authorized by the Board.
(e) "A.C.T." means Arrest Control Tactics, one of the skills training programs required for the basic and reserve training academies.
(f) "Assistant Skills Instructor" means an individual who has successfully completed a relevant, approved skills training program and who may instruct the corresponding skills training program in arrest control, law enforcement driving, or firearms under the direction and in the presence of a full skills instructor, and assist in evaluating and coaching trainees at a basic or reserve training academy.
(g) "Authorized emergency vehicle" means such vehicles identified in 42-1-102 C.R.S.
(h) "Board" means the Colorado Peace Officer Standards and Training Board.
(i) "Bodily injury" means physical pain, illness, or any impairment of physical or mental condition. § 18-1- 901(3)(c), C.R.S.
(j) "Certification examination" means the written test required under § 24-31-305(1)(a)(III), C.R.S.
(k) "Certified peace officer" means any person who has successfully attained P.O.S.T. Certification as described in § 24-31-305 and 24-31-308, C.R.S.
(l) "Conviction" means an adjudication of guilt following either a verdict of guilty by the court or jury, or a plea of guilty, or a plea of nolo contendere. Conviction includes deferred judgments and deferred sentences.
(m) "Course" means a formal unit of instruction relating to a particular subject.
(n) "C.R.S." means Colorado Revised Statutes, codified laws of the State of Colorado.
(o) "Dimlight" means from one-half hour after local sunset to one-half hour before local sunrise. For indoor ranges, artificial light must be reduced to the lowest level which still allows for target identification and threat assessment without additional illumination from a flashlight.
(p) "Director" means the director of the P.O.S.T. Board staff.
(q) "Enroll" means that a person has applied to and been accepted for admission into an academy and is physically present at the academy to receive instruction.
(r) "Enrollment date" means the first day of instruction at an approved basic or reserve training academy, and shall be synonymous with the first day of instruction as reflected on the approved academy schedule.
(s) "Fingerprint-based criminal history record check" means submittal of a P.O.S.T. fingerprint card to the Colorado Bureau of Investigation (CBI) for criminal history check in CCIC and NCIC, as required in § 24-31-304(3), C.R.S.
(t) "Full skills instructor" means an individual who has successfully completed the minimum qualifications required by these Rules and who may develop, implement and evaluate a skills training program at a basic or reserve training academy.
(u) "Lateral training academy" means an agency-specific approved academy that instructs academic courses determined by the agency and all hours of the P.O.S.T. skills training programs in arrest control, law enforcement driving and firearms.
(v) "Lead skills instructor" means a full skills instructor at a basic or reserve training academy who may be designated by the academy director to oversee or coordinate the administration of a specific skills program for a particular academy class.
(w) "Lesson plan" means a document that specifically describes the material presented during a course of instruction.
(x) "Moving training" means training where the academy students are involved in movement with a loaded weapon. It is recognized that during square range drills, academy students may move 1-2 steps laterally or forward/backward. The 1:1 ratio is not required for this drill. For all other drills/exercises involving movement a 1:1 ratio is required.
(y) "Operable firearm" means a firearm that is capable of discharging a projectile (bullet) if loaded.
(z) "Peace officer" means any person recognized in § 16-2.5-101, C.R.S.
(aa) "P.O.S.T. certified" means any person possessing a valid, numbered certificate issued by the Board authorizing such person to serve as a peace officer or reserve peace officer.
(bb) "P.O.S.T. fingerprint card" means a U.S. GPO: 2001 483-800/2-02321 FD-258 (Rev. 5-11-99) Applicant fingerprint card. The P.O.S.T. fingerprint card is stamped with the P.O.S.T. logo and address in the employer and address block, and stamped with "Law Enforcement Licensing (Must be submitted by a Law Enforcement Agency) § 24-31-303(1)(F), C.R.S.".
(cc) "P.O.S.T. Identification Number" means a number assigned and unique to each active peace officer's certification file. All inquiries and correspondence to P.O.S.T. should contain this number.
(dd) "P.O.S.T. ID Card" means an identification card with a unique identification number issued by the P.O.S.T. Board to all active peace officers who are certified by P.O.S.T. under Article 16, Section 2.5 of the Colorado Revised Statutes. The P.O.S.T. ID Card contains personal information related to the officer's P.O.S.T. certification file and history.
(ee) "Program director" means that person responsible for the administration and operation of a P.O.S.T. approved training program.
(ff) "Provisional certification" means a signed instrument issued by the P.O.S.T. Board that grants interim certification for qualified out-of-state peace officers seeking Colorado certification that enables the provisional applicant to obtain appointment as a peace officer in Colorado while fulfilling the requirements for basic certification.
(gg) "Recognized disciplines for arrest control training" mean those defensive tactics systems that have been reviewed and approved by the Board in consultation with the Arrest Control Subject Matter Expert Committee. Such systems may include, but are not limited to, Federal Bureau of Investigation (F.B.I.) system, Koga system and Pressure Point Control Tactics (P.P.C.T.) system.
(hh) "Refresher academy" means an approved training program that consists of a minimum of 88 hours of instruction and includes academics or a P.O.S.T. Board approved web based distance learning program, law enforcement driving and firearms.
(ii) "Relevant approved skills instructor training program" means a basic, not advanced, instructor training program that contains a minimum of forty (40) hours of instruction and with instructional content that meets or exceeds the content of the respective instructor training programs for arrest control, law enforcement driving, or firearms, and that has been formally accepted or authorized by the Board.
(jj) "Renewal applicant" means an applicant whose Colorado peace officer certificate has expired per § 24-31-305(1.7)(b), C.R.S., and who has applied to renew his/her Colorado peace officer certificate in accordance with § 24-31-305(1.7)(c), C.R.S. and P.O.S.T. Rule 13.
(kk) "Reserve peace officer" means any person described in § 16-2.5-110, C.R.S., and includes any person authorized to carry a firearm, conduct arrests, or enforce the laws of the state of Colorado pursuant to § 16-2.5-110, C.R.S., but does not include any person appointed by a sheriff limited to particular acts pursuant to § 30-10-506 and 510, C.R.S.
(ll) "Serious bodily injury" means bodily injury which, either at the time of the actual injury or at a later time, involves a substantial risk of death, a substantial risk of serious permanent disfigurement, a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, fractures, or burns of the second or third degree. § 18-1-901(3)(p), C.R.S.
(mm) "Skills examination" means the approved practical test of an applicant's proficiency in arrest control, law enforcement driving, or firearms.
(nn) "Skills-only training academy" means an approved academy instructing arrest control, law enforcement driving, and firearms, which meets the skills requirements under the P.O.S.T. basic curriculum and these Rules.
(oo) "Skills training" means the required approved arrest control, law enforcement driving, and firearms courses.
(pp) "State" means any State in the United States, the District of Columbia, and any territory or possession of the United States.
(qq) "Subject Matter Expert (S.M.E.)" means an individual formally recognized by the Board for his or her extensive knowledge, expertise and/or experience in one of the skills areas or in academics.
(rr) "Successful completion" means a score of seventy (70) percent or greater, or a grade of "C" or better, or a rating of pass, if offered as pass/fail.
(ss) "Training academy" means a P.O.S.T. approved school, agency or other entity that provides P.O.S.T. approved training programs.
(tt) "Training program" means a P.O.S.T. approved course of instruction required by statute, or Rule, or for peace officer certification and other peace officer training programs as otherwise recognized and approved by the Board.
Rule 2 – MEETINGS (a) the Attorney General, as chairperson, shall preside over all meetings of the Board. Should the chairperson be absent, the vice-chairperson shall preside over the meeting. In the absence of the chairperson and the vice-chairperson, the most senior member present shall preside.
(b) A majority of the total positions of the Board, excluding vacancies, shall constitute a quorum for purposes of conducting official business. Should there be no quorum, such members as are present may conduct official business, subject to subsequent ratification by a quorum of the Board.
(c) Should any member, other than those sitting ex officio, be absent without good cause from three consecutive meetings, the Director shall submit a resolution to the Board calling on the member to resign.
(d) The Board may conduct its business on the basis of unanimous consent. However, any member of the Board may require separate consideration and disposition of any matter, including through a roll-call vote. When a quorum is present, a majority vote, that is a majority of the votes cast, ignoring abstentions, is sufficient for the adoption of any motion that is in order. On a tie vote the motion is lost.
(e) Unless the Director determines otherwise, all requests from the public for Board consideration or action must be submitted in writing to the Director at least thirty (30) days prior to the next scheduled Board meeting.
(f) Other than when a person comments with respect to matters of policy, the chairperson will request that the person do so under oath.
Rule 3 – DIRECTOR’S AUTHORITY Effective Date March 1, 2006 (a) The Director’s authority shall include:
(I) Making the initial determination as to whether an applicant has met the requirements to sit for the certification examination, or to be certified;
(II) Approving or disapproving program applications;
(III) Determining the equivalency of first aid and cardiopulmonary resuscitation training;
(IV) At the Director’s discretion, selecting qualified evaluators to administer the skills examinations described in Rule 16;
(V) Determining the merit of challenges relating to the administration of examinations pursuant to Rules 15 and 16;
(VI) Determining the merits of variance requests, consistent with the basic purposes and policies of § 24-31-301, et seq., C.R.S. (2005), and of the Board, in accordance with Rule 7 and Rule 8;
(VII) Discharging such other powers or duties as the Board or the Attorney General may direct.
(b) If any action or 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 be deemed final agency action.
Rule 4 – SUBJECT MATTER EXPERTS Effective March 1, 2006 (a) Each year the Board shall appoint committees of subject matter experts to provide professional technical support in the areas of academic curriculum, arrest control, firearms and law enforcement driving. Each committee shall consist of the Director or the Director’s designee who shall serve as the chairperson, one member of the Board, and other subject matter experts from the law enforcement community. Any person wishing to be appointed, either active law enforcement officer, law enforcement professional or retired peace officer, and who meets the minimum qualifications for membership, may apply for membership at any time throughout the calendar year. Appointments will be made upon the applicant’s merits and at the discretion of the Director and each of the committee chairs.
(b) The committees:
(I) Review and provide recommendations to the Board regarding skills training programs, academic curriculums, instructor training programs and other courses or programs that pertain to the establishment and maintenance of standards for peace officer training; and (II) Participate in inspections of all P.O.S.T. approved programs and training academies; and (III) Conduct skills examinations in accordance with Rules 11 and 16; and (IV) Establish minimum qualifications for committee membership. Rule 5 – HEARINGS Effective March 1, 2006 (a) At any time, the Director may direct a respondent to appear at a hearing and show cause why the Board should not issue a remedial order. Not less than thirty (30) days prior to the date set for such hearing, the Director shall transmit to the respondent written notice of such hearing, which must include:
(I) The date, time and place of such hearing; and (II) That the respondent has the right to appear and be heard at such hearing, either in person or through legal counsel; and (III) That the respondent has the burden of proving all of the facts relevant to his or her position; and (IV) A concise statement setting forth the subject of the hearing, all facts relevant to the matter, and the statute, rule, or order, to which the matter relates; and (V) Copies of all documents considered by the Board in setting the hearing; and (VI) The nature of the proposed remedial order.
(b) Not less than ten (10) days prior to the date set for a hearing pursuant to section (a) of this rule, the respondent shall file an original and twenty (20) copies of a response, including:
(I) A concise statement setting forth the respondent's position; and (II) All facts relevant to the matter; and (III) Copies of all documents the respondent wishes the Board to consider in the matter.
(c) Any person may request a formal hearing before the Board through the filing of an original and twenty (20) copies of a petition, which must include:
(I) The name and address of the petitioner and whether the petitioner currently possesses basic or reserve certification; and (II) A concise statement setting forth the subject of the hearing, all facts necessary to the matter, and the statute, rule, or order, to which the petition relates; and (III) Copies of all documents the petitioner wishes the Board to consider in the matter; and (IV) What action the petitioner wishes the Board to take.
(d) Not less than thirty (30) days prior to the date set for a hearing on a petition, the Board shall provide a written response to the petitioner, including:
(I) The date, time and place of such hearing; and (II) That the petitioner has the right to appear and be heard at such hearing, either in person or through legal counsel; and (III) That the petitioner has the burden of proving all of the facts relevant to his or her petition; and (IV) A summary of the staff's recommendation to the Board; and (V) Copies of all documents submitted by the staff for the Board's consideration in the matter.
(e) The Director and any petitioner or respondent may mutually agree to shorten or lengthen any of the time frames set forth in this rule.
(f) Any final order entered pursuant to this rule shall constitute final agency action subject to judicial review under § 24-4-106, C.R.S. (2005).
Rule 6 – DECLARATORY ORDERS Any person may petition the Board for a declaratory order regarding the application to the petitioner of any statutory provision or of any rule or order of the Board. All such petitions shall be considered in accordance with Rule 5.
Rule 7 – VARIANCES Effective March 1, 2006 (a) The Board has promulgated these rules to ensure orderly and fair treatment of all applicants. Therefore, variances are disfavored. However, the Board may, upon sufficient cause shown, authorize variances to persons who are otherwise required to meet the requirements of these rules.
(b) To request a variance, an applicant must submit a written petition to the Director, fully explaining all relevant facts. Any person seeking a temporary or permanent variance has the burden of establishing that:
(I) The variance is consistent with the basic purposes and policies of § 24-31-301, et seq., C.R.S. (2005), and (II) Strict application of the statutes and rules pertaining to the certification process would present a practical difficulty or unnecessary hardship. Mere inconvenience or expense does not suffice.
(c) The Director, in his discretion, may determine the merits of the request based upon the applicant’s written submissions, or may request additional information, or may hold a meeting.
(d) Any variance 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.
(e) 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 at its next regular meeting. If at least six (6) Board members do not agree to hear the appeal, the determination of the Director shall be deemed to be summarily affirmed. If at least six (6) members do agree to hear the appeal, the Board shall proceed to the merits of the matter. Any summary affirmance or decision on the merits by the Board shall be deemed final agency action.
(f) In accordance with § 24-31-303(5)(a) and § 24-31-305(1)(a)(III), C.R.S. (2005), no person may, through a variance or otherwise, serve as a certified peace officer, as defined in § 16-2.5-102, C.R.S. (2005), without having first passed the required certification examination and become certified.
Rule 8 – APPEAL PROCESS FOR PEACE OFFICER APPLICANTS - CERTIFICATION DENIAL AS A RESULT OF A MISDEMEANOR CONVICTION Effective March 1, 2006 (a) The Board has promulgated these rules to ensure orderly and fair treatment of all P.O.S.T. approved training academy, renewal and provisional peace officer applicants. § 24-31-305, C.R.S. (2005) requires the P.O.S.T. Board deny or revoke certification of any person convicted of a felony or particular misdemeanors. For the purpose of this rule, the term “conviction” includes deferred judgments and deferred sentences imposed by a court or judge.
(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 any misdemeanor or misdemeanors described in subsection 1.5 of § 24-31-305, C.R.S. (2005), the applicant must provide a fingerprint-based criminal history record check, through the submission of a P.O.S.T. 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 P.O.S.T. Director, notifying the Board of such conviction or convictions, 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 is consistent with the basic purposes and policies of § 24-31-305, et seq., C.R.S. (2005); 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 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 P.O.S.T. Director, the applicant has thirty (30) days to appeal the decision to the P.O.S.T. 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. If at least six (6) Board members do not agree to hear the appeal, the determination of the Director shall be deemed to be summarily affirmed. If at least six (6) members do agree to hear the appeal, a three-member panel of Board members shall proceed to the merits of the matter. Any summary affirmance or decision on the merits by the sub-committee of the Board shall be deemed final agency action.
(g) In accordance with § 24-31-303(5)(a) and § 24-31-305(1.6)(a)(b), C.R.S. (2005), 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. (2005), without having first passed the required certification requirements and become certified.
Rule 9 – REVOCATION HEARINGS FOR CRIMINAL CONDUCT Effective March 1, 2006 (a) A Colorado peace officer certification issued pursuant to § 24-31-305, C.R.S. (2005), shall be suspended or revoked by the P.O.S.T. Board if the certificate holder has been convicted of a felony, or has been convicted on or after July 1, 2001, of any misdemeanor described in subsection (1.5) of § 24-31-305, C.R.S. (2005), or, has otherwise failed to meet the certification requirements established by the Board. For purposes of this rule, the term “conviction” includes any deferred judgments or deferred sentences imposed by a court or judge.
(b) The certificate holder or the chief law enforcement officer of the agency employing such certificate holder may, within thirty (30) days after the effective date of the conviction of such misdemeanor, petition the Board not to revoke the certificate. The petition must fully explain all relevant facts. The petitioner has the burden of establishing that:
(I) The appeal is consistent with the basic purposes and policies of § 24-31-305, et seq., C.R.S. (2005); and (II) Mitigating circumstances exist and that the certificate should not be revoked; and (III) A true and accurate copy of the court record with disposition, and police offense/case report upon which the conviction resulted shall be 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.
(c) The procedures set forth in Rule 5 shall be utilized with the Director making an initial determination.
(d) The Director, in his discretion, may determine the merits of the request based upon the applicant's written submissions, or may request additional information.
(e) A decision by the Director is final unless appealed to the Board within thirty (30) days of the date of such decision. If a decision is appealed to the Board, the Board will decide whether to hear the appeal. If at least six (6) Board members do not agree to hear the appeal, the determination of the Director shall be deemed to be summarily affirmed. If at least six (6) members do agree to hear the appeal, a five-member panel of Board members shall proceed to hear the Board appeal. The certificate holder will be notified of the Board’s action. This decision, whether summarily affirmed or decided by this Board subcommittee, shall be deemed final Board action. Rule 10 – BASIC PEACE OFFICER CERTIFICATION (a) The P.O.S.T. Board is authorized to issue P.O.S.T. Basic Peace Officer Certification to any applicant who meets the following requirements:
(I) Possesses and submits a copy of his/her high school diploma, or high school equivalency certificate; and (II) Possesses and submits a copy of his/her current first aid and cardiopulmonary resuscitation certification, or equivalents; and (III) Truthfully completes and submits the P.O.S.T. Form 1 - Application for Basic Peace Officer Certification; and (IV) Successfully completes the fingerprint-based criminal history record check required under Rule 14 and has not been released or discharged from the Armed Forces of the United States under dishonorable conditions, per § 24-31-301(5), C.R.S.; and (V) Successfully completes an approved basic training academy, including skills training, within the previous two years and submits a copy of his/her academy certificate of completion; and (VI) Passes the certification examination pursuant to Rule 15.
(b) P.O.S.T. Basic Peace Officer Certification qualifies the person to seek employment and serve as a fully authorized peace officer with any Colorado law enforcement agency recognized in Article 2.5 of Title 16, C.R.S.
(c) A basic certification shall expire automatically if the holder is not serving and has not served as a peace officer or reserve peace officer for at least six (6) months within the previous three (3) years.
(d) A certified peace officer who has obtained basic certification may maintain current status as a certified peace officer while serving in a reserve peace officer position, recognized in § 16-2.5-110, C.R.S.
(e) A certified reserve peace officer seeking regular basic peace officer certification may apply his/her successfully completed skills training, obtained through the reserve peace officer certification program at a P.O.S.T. approved reserve academy, towards basic peace officer certification. Acceptance of the skills training is at the option of the director of the basic peace officer training academy to which the applicant is seeking enrollment.
Rule 11 – PROVISIONAL CERTIFICATION Effective January 1, 2012 (a) The Board is authorized to issue a provisional certification letter to any applicant who has been authorized to act as a peace officer in another state or federal jurisdiction, excluding the armed forces, for at least the preceding three years and has served as a certified law enforcement officer in good standing in such other state or federal jurisdiction for more than one year; The applicant must additionally meet the following requirements:
(I) Possesses and submits a copy of his/her high school diploma, or high school equivalency certificate; and (II) Possesses and submits a copy of his/her current first aid and cardiopulmonary resuscitation certification, or equivalents; and (III) Truthfully completes and submits the P.O.S.T. Form 3 – Application for Provisional Certification ; and (IV) Successfully completes the fingerprint-based criminal history record check required under Rule 14; and (V) Passes the certification examination pursuant to Rule 15 or, if leaving active out-of-state (the state in which the individual is certified) or federal peace officer employment, within six
(b) A provisional certification letter authorizes the holder to serve as a certified Colorado peace officer for not more than six (6) months.
(c) The Board shall issue a basic certificate to the holder of a provisional certification letter if such person satisfies any combination of the following skills proficiency requirements, or, if leaving active out- of-state (the state in which the individual is certified) or recognized federal peace officer employment, within six (6) months from the date of issuance of the provisional certification:
(I) Successfully completes skills training at a P.O.S.T. approved basic peace officer training academy; or (II) Successfully completes a P.O.S.T. approved refresher academy, including the law enforcement driving and firearms skills training and later submits documentation from the employing agency that the applicant is proficient in the agency’s arrest control component; or (III) Passes a skills examination pursuant to Rule 16 in each of the three (3) skills disciplines at a P.O.S.T. test-out site, or passes all portions of the three (3) skills examinations at a regional test-out site, as documented by an approved skills instructor. Approved skills instructors include: SME committee members or P.O.S.T. approved designees who are not a member of the applicant’s employing agency; or, (IV) Passes only some portions of the examinations referred to in (III) and the applicant elects to complete prescribed remedial training with respect to those portions not passed and successfully passes the skills test-out examination following the remedial training; or (V) Passes a P.O.S.T. approved lateral training academy that includes agency-specific academic courses and skills training in arrest control, law enforcement driving and firearms.
(d) The P.O.S.T. approved skills instructor must submit the completed P.O.S.T. Skills Testing Grade Sheet to P.O.S.T.
(e) Persons desiring additional time to complete the basic certification requirements beyond the initial six (6) months provided by the provisional certification letter must petition the Director and demonstrate good cause why such additional time should be granted. Rule 12 – RESERVE CERTIFICATION Effective January 1, 2012 (a) The Board is authorized to issue a reserve certificate to any applicant who meets the following requirements:
(I) Possesses and submits a copy of his/her high school diploma, or high school equivalency certificate; and (II) Possesses and submits a copy of his/her current first aid and cardiopulmonary resuscitation certification, or equivalents; and (III) Truthfully completes and submits the P.O.S.T. Form 2 – Application for Reserve Certification ; and (IV) Successfully completes the fingerprint-based criminal history record check required under Rule 14; and has not been released or discharged from the Armed Forces of the United States under dishonorable conditions, per § 24-31-301(5), C.R.S.; and (V) Successfully completes an approved reserve academy within the previous two (2) years and submits a copy of his/her certificate of completion.
(b) Any law enforcement agency assigning duties to a reserve peace officer beyond those included in the approved reserve training shall assume the responsibility for ensuring that such reserve peace officer is adequately trained for such duties.
(c) A reserve certification shall expire automatically if the certificate holder is not serving and has not served as a reserve peace officer for at least six (6) months within the previous three (3) years.
(d) Reserve certificates may not be renewed.
(e) A certified peace officer may maintain current status as a certified peace officer while serving in a reserve peace officer position, recognized in § 16-2.5-110, C.R.S. Rule 13 – RENEWAL OF BASIC CERTIFICATION The Board is authorized to renew a basic certificate for any applicant who:
(a) Is not serving and has not served as a peace officer or reserve peace officer for at least six (6) months within the previous three (3) years; and (b) Possesses and submits a copy of his/her high school diploma, or high school equivalency certificate; and (c) Possesses and submits a copy of his/her current first aid and cardiopulmonary resuscitation certification, or equivalents; and (d) Truthfully completes and submits the P.O.S.T. Form 4-- Application for Renewal of Basic Certification; and (e) Successfully completes the fingerprint-based criminal history record check required under Rule 14; and (f) Passes the certification examination pursuant to Rule 15; and (g) Satisfies any combination of the following skills proficiency requirements:
(I) Successfully completes skills training at a P.O.S.T. approved basic peace officer training academy; or (II) Successfully completes a P.O.S.T. approved refresher academy, including the law enforcement driving and firearms skills training and later submits documentation from the employing agency that the applicant is proficient in the agency's arrest control component; or (III) Passes a skills examination pursuant to Rule 16 in each of the three (3) skills disciplines at a P.O.S.T. test-out site, or passes all portions of the three (3) skills examinations at a regional test-out site, as documented by an approved skills instructor. Approved skills instructors include: SME committee members or P.O.S.T. approved designees who are not a member of the applicant's employing agency; or, (IV) Passes only some portions of the examinations referred to in (III) and the applicant elects to complete prescribed remedial training with respect to those portions not passed and successfully passes the skills test-out examination following the remedial training; and, (h) The P.O.S.T. approved skills instructor must submit the completed P.O.S.T. Skills Testing Grade Sheet to P.O.S.T.
Rule 14 – FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK Effective March 1, 2006 (a) Definitions.
(I) The fingerprint-based criminal history record check is a computerized search of a person’s fingerprints that have been taken on a P.O.S.T. Applicant Fingerprint Card and processed by the Colorado Bureau of Investigation (CBI) and Federal Bureau of Investigation (FBI) for the purpose of determining a person’s eligibility for certification as a peace officer in the State of Colorado.
(II) The enrollment date of a training academy is the first day of instruction at an approved basic or reserve training academy. The enrollment date shall be synonymous with the first day of instruction as reflected on the approved academy schedule.
(III) As used in this Rule, to enroll in an academy means that a person has applied and been accepted for admission into an academy and is physically present at the academy to receive instruction.
(b) Eligibility for certification. No person shall be eligible for certification as a Colorado peace officer if he or she has been convicted of a felony or any misdemeanor as referenced in § 24-31-305(1.5), C.R.S. (2005), or any misdemeanor in violation of federal law or the law of any state that is the equivalent of any of the offenses specified in § 24-31-305(1.5), C.R.S. (2005).
(c) Enrollment. Pursuant to § 24-31-304, C.R.S. (2005) and P.O.S.T. Rules, all persons seeking to either enroll in a training academy or participate in the testing process as a provisional or renewal applicant shall submit their fingerprints to CBI prior to enrolling in the training academy or prior to participating in the testing process as a provisional or renewal applicant.
(d) P.O.S.T. Applicant Fingerprint Card.
(I) The P.O.S.T. Applicant Fingerprint Card, U.S. GPO: 2001, 483-800/2-02321, FD-258 (REV. 5- 11-99) is the only authorized fingerprint card that shall be submitted for the fingerprint- based criminal history record check.
(II) The Board recommends that a person’s fingerprints be taken on the P.O.S.T. Applicant Fingerprint Card at a law enforcement agency. Any fee that may be charged by the agency for this service is the responsibility of the applicant.
(III) Payment of a fee to cover the cost of processing the P.O.S.T. Applicant Fingerprint Card must be submitted to CBI with each completed P.O.S.T. Applicant Fingerprint Card. Remittance of this fee to CBI is the responsibility of the applicant.
(IV) For provisional and renewal applicants, the P.O.S.T. Applicant Fingerprint Card will be provided by P.O.S.T. The applicant is responsible for having his or her fingerprints taken and for ensuring that the completed P.O.S.T. Applicant Fingerprint Card and fee are submitted to CBI prior to the applicant’s participation in the testing process as a provisional or renewal applicant.
(V) For persons seeking to enroll in a basic or reserve training academy, the P.O.S.T. Applicant Fingerprint Card will be provided by the academy. The person’s fingerprints shall be taken in accordance with the academy’s policies and procedures. The academy is responsible for ensuring that the completed P.O.S.T. Applicant Fingerprint Card and fee are submitted to CBI prior to the person’s enrollment in the academy.
(e) Results from completed criminal history record checks.
(I) The Board shall be the authorized agency to receive the results from all P.O.S.T. Applicant Fingerprint Cards that have been processed for the state and national fingerprint-based criminal history record checks.
(II) All results from the completed criminal history record checks will be provided to the Board. Notice of subsequent arrests and convictions will also be provided to the Board.
(f) Basic and reserve training academies.
(I) A training academy shall not enroll any person who has been convicted of an offense that would result in the denial of certification pursuant to § 24-31-305(1.5), C.R.S. (2005). The only exception shall be if the Board has granted the person an exemption from denial of enrollment pursuant to § 24-31-304(4)(a), C.R.S. (2005) and P.O.S.T. Rule 7, Variances.
(II) No person shall be enrolled in a training academy unless the person has been fingerprinted on a P.O.S.T. Applicant Fingerprint Card and an academy has submitted the person’s completed P.O.S.T. Applicant Fingerprint Card and fee to CBI prior to enrolling the person in the academy.
(III) A P.O.S.T. Form 11-E, Enrollment Advisory Form , shall be completed on the first day of the academy by both the person enrolled in the academy and the academy director. The completed Enrollment Advisory Form shall be maintained at the academy.
(IV) The academy director shall ensure that an accurate enrollment roster for each academy class is received at P.O.S.T. no later than 5:00 p.m. on the next business day following the first day of the academy. Each enrollment roster shall contain the following information:
(V) If the results of a criminal history record check reveal that a person currently enrolled in an academy is prohibited from enrolling pursuant to § 24-31-304(2), C.R.S. (2005), the Board or its designated representative(s) shall notify the academy. The academy shall take appropriate measures to immediately dismiss the person from the academy.
(g) Exemption from denial of enrollment.
(I) If a person anticipates that he or she will be prohibited from either enrolling in a training academy or participating in the testing process as a provisional or renewal applicant because he or she has been convicted of any misdemeanor described in § 24-31- 305(1.5), C.R.S. (2005), the person may submit a request for exemption from denial of enrollment under P.O.S.T. Rule 7, Variances.
(II) Only if the person has, in fact, submitted a request for exemption from denial of enrollment under P.O.S.T. Rule 7, Variances , and the request has been granted by the Board, will the person be permitted to either enroll in a training academy or participate in the testing process as a provisional or renewal applicant.
(III) No person convicted of a felony may request an exemption from denial of enrollment. Rule 15 – CERTIFICATION EXAMINATION - BASIC, PROVISIONAL, RENEWAL (a) To be eligible to take the certification examination, an applicant must complete and submit to P.O.S.T., as applicable, either:
(I) Form 1 - Application for Basic Peace Officer Certification; or Form 3 - Application for Provisional Certification; or Form 4 - Application for Renewal of Basic Certification; and (II) A copy of his/her approved basic training academy diploma; and (III) A copy of his/her high school diploma, or high school equivalency certificate; and (IV) A copy of his/her current first aid and cardiopulmonary resuscitation certification, or equivalents; and (V) A law enforcement agency check, purchase order, certified check, money order, or by electronic payment in the prescribed amount.
(b) Certification examinations will be conducted by P.O.S.T. staff or P.O.S.T. approved designated proctor at academy locations. However, if the number of students sitting for the examination is four (4) or fewer, the students shall be required to take the examination at a location designated by P.O.S.T.
(c) Refunds of certification examination fees shall not be provided unless the examination is postponed or canceled or under such other exceptional circumstances as determined by the Director. Otherwise, non-refunded fees may be credited to allow the applicant to take the next administration of the certification examination. Further credits or extensions shall not be permitted.
(d) An applicant has a maximum of three attempts to pass the P.O.S.T. certification examination. The three attempts must be completed within two (2) years after completion of the academy. Applicants taking the examination for a second or third time must pay the fee for the additional examination, and such examination shall not be comprised of the same questions that comprised the prior examinations. If an applicant cannot pass the certification examination after three attempts, he or she must retake and successfully complete basic training in accordance with Rule 10(a)(V).
(e) Any protest or challenge to an examination or its administration must be made in writing within ten (10) days of the examination. The Director shall issue his decision in writing within twenty (20) working days. The decisions of the Director shall be final, unless appealed to the Board in accordance with Rule 3(b).
(f) An applicant must provide a valid photo ID prior to taking exam. Rule 16 – SKILLS EXAMINATIONS FOR PROVISIONAL AND RENEWAL APPLICANTS (a) To be eligible to take any of the skills examinations, an applicant must complete and submit P.O.S.T. Form 3 - Application For Provisional Certification or P.O.S.T. Form 4 - Application for Renewal of Basic Certification along with a law enforcement agency check, purchase order, certified check, or money order in the prescribed amount for each examination to be taken (prior to the day of the exam).
(b) Refunds of skills examination fees shall be provided only if requested more than twenty (20) days prior to the scheduled examination, unless the examination is postponed or canceled, or under such other exceptional circumstances as may be determined by the Director.
(c) Any applicant failing a skills examination may retake the examination, with the payment of an additional examination fee. Any person failing any skills examination three (3) times must successfully complete the skills training for that particular skill before he or she may be certified.
(d) Any protest or challenge to an examination or its administration must be made in writing within ten (10) days of the examination. The Director shall issue his decision in writing within twenty (20) working days. The decision of the Director shall be final, unless appealed to the Board in accordance with Rule 3(b).
Rule 17 – CERTIFICATION RECORDS Effective January 1, 2012 (a) Every P.O.S.T. certificate holder shall submit a completed P.O.S.T. Form 5, Change of Name, Address or Telephone , to the Board within thirty (30) days of any change of his or her name, home address, mailing address, home telephone number, or cell phone number.
(b) Any P.O.S.T. certificate holder convicted in any jurisdiction of a felony or any misdemeanor contained in § 24-31-305(1.5)(a) thru (h), C.R.S., shall notify the P.O.S.T. Board in writing of such conviction within 5 business days.
(c) When any person is appointed or separated as a certified peace officer, identified in § 16-2.5-102 and 16-2.5-110, C.R.S., such agency shall submit a completed Form 6 - Notice of Peace Officer Appointment/Separation to the Board within fifteen (15) days of such appointment or separation. All other agencies listed who by state statute are not obligated to appoint certified peace officers as recognized in Title 16, Article 2.5, Part 1 may submit a completed Form 6, if they want their certified peace officers’ certification to continue in effect.
(d) During the month of January of each year, the P.O.S.T. Board will provide every law enforcement agency with an electronic report in pdf format of those certified peace officers, identified in Title 16, Article 2.5, Part 1, C.R.S., and currently listed in the P.O.S.T. electronic records as appointed by such agency. Every law enforcement agency will verify within fifteen (15) days the continuing appointment or separation of the certified peace officers associated with the law enforcement agency.
Rule 18 – CERTIFICATION SUSPENSION AND REVOCATION - BASIC, PROVISIONAL, RENEWAL, AND RESERVES (a) A suspension temporarily invalidates the subject certification until such time as the defect has been remedied. Any certification shall be suspended by the Board if the holder wrongfully obtained the certificate through misrepresentation, neglect or mistake.
(b) A revocation permanently invalidates the subject certification. Any certification shall be revoked by the Board if the holder:
(I) Has been convicted of a felony or any misdemeanor as referenced in § 24-31-305(1.5), C.R.S. (2005) in any jurisdiction; or (II) Wrongfully obtained certification through fraud or misrepresentation; or (III) Has not met any other requirements imposed by the Board. Rule 19 – VEHICLE IDENTIFICATION NUMBER INSPECTORS Effective February 1, 2011 Any person seeking certification as a Vehicle Identification Number Inspector must meet each of the following requirements:
(a) Currently serving as a peace officer recognized in Title 16, Article 2.5 of the Colorado Revised Statutes or as “Inspector” defined in Title 42 Article 5 of the Colorado Revised Statutes; and (b) Successfully completes and submits his/her certificate of completion from an approved Vehicle Identification Number course; and (c) Pay to the P.O.S.T. Board a certification fee of twenty-five dollars ($25.00) in the form of a certified check, money order or agency check; and (d) Completes and submits the P.O.S.T. Form 9 – Application for VIN Inspector Certification; and (e) Be certified by the P.O.S.T. Board as a VIN inspector. Rule 20 – VEHICLE IDENTIFICATION NUMBER INSPECTOR PROGRAMS (a) Every vehicle identification number (VIN) inspector program must contain a minimum of seventeen (17) hours, and be approved prior to the start of instruction, (b) The program director must submit the following documentation to the Board at least sixty (60) days prior to the start of instruction:
(I) A narrative of performance objectives for the program (new programs only); and (II) A list of courses to be taught and the time allocated for each course (new programs only); and (III) Submit a completed P.O.S.T. Form 8, Training Program Approval, and a list of instructors and their qualifications. Instructors shall be approved only for a specific program under this rule (all programs).
(c) To be approved, a program must include at least the following:
(I) Legal aspects of VIN inspection; and (II) Use of the National Auto Theft Bureau manual; and (III) How to conduct a VIN inspection; and (IV) How to meet the reporting requirements of a VIN inspection.
(d) The program director must submit the following to the Board within thirty (30) days of the end of the program:
(I) The score of each trainee and a statement whether each trainee passed or failed the course. Rule 21 – BASIC AND RESERVE TRAINING ACADEMIES Revised December 3, 2010 Effective March 1, 2011 (a) Academy approval.
(I) All aspects of an academy must be in compliance with P.O.S.T. Rules and Program requirements before academy approval will be considered.
(II) Only an academy that is approved by the Board may provide training required for certified peace officer status; and (III) Each scheduled academy class of an approved training academy must be approved prior to the start of instruction.
(b) Continuing academies.
(I) A continuing academy is an approved basic or reserve academy that conducts and completes at least one approved academy class every three (3) years and operates in compliance with these Rules.
(II) If a continuing academy does not complete at least one approved academy class in any consecutive three (3) year period, approval of the academy shall expire. An expired academy must reapply for approval as a new academy and be approved prior to providing any academy instruction.
(III) Other than as referenced in the preceding paragraph (II), a continuing academy may remain approved until its status is surrendered, suspended or revoked.
(IV) The academy director must ensure that the following documents are received at P.O.S.T. at least thirty (30) days, but no more than sixty (60) days, prior to the start of instruction for each scheduled academy class:
(V) No later than 5:00 p.m. on the next business day following the first day of each approved academy class, the academy director shall ensure that an accurate enrollment roster is received at P.O.S.T. See also P.O.S.T. Rule 14, Fingerprint-Based Criminal History Record Check.
(VI) The academy director shall notify P.O.S.T. prior to the occurrence of any change of the academy’s start date or end date, to include cancellation of the academy, as submitted to P.O.S.T. on the Form 7, Application for Academy Approval .
(VII) Each college academy and private occupational school academy shall establish an advisory committee that consists of law enforcement officials and administrators to assist with providing logistical support and validation of training.
(c) New academies.
(I) A new academy is either a basic or reserve academy that has never conducted approved training, or a basic or reserve academy that has not conducted approved training within the previous three (3) years.
(II) The academy director of a proposed new academy shall contact P.O.S.T. at least six (6) months prior to the anticipated start date of the new academy to ascertain application procedures and deadlines for submitting documents for new academy approval.
(III) The following types of academies are considered separate academies that must be individually approved:
(IV) The proposed formal name of an academy must neither misrepresent the status of the academy, nor mislead law enforcement or the public.
(V) Required documentation that must be submitted for new academy approval includes, but is not limited to, a videotape or DVD of all proposed sites where academic instruction and skills training will take place, site safety plans, lesson plans for all academic courses and all skills training programs that are required by the Basic or Reserve Academic Training Program, resumes for all academic instructors, and documentation of qualifications for all skills instructors.
(VI) Once a proposed new academy begins the approval process by submitting any of the required documentation listed in the preceding paragraph (V) to P.O.S.T., the proposed new academy shall have a maximum of twelve (12) months to complete the new academy approval process.
(VII) The director of a proposed new academy shall also ensure that the documents required to be submitted by continuing academies, as listed in paragraph (b)(IV) of this Rule, are received at P.O.S.T. at least thirty (30) days, but no more than sixty (60) days, prior to the start of instruction.
(VIII) Prior to approval, the proposed new academy must pass an on-site pre-approval inspection conducted by the Board or its designated representative(s).
(d) Training sites, site safety plans and equipment.
(I) An academy shall have the following training sites and facilities:
(II) Training sites.
(III) Site safety plans.
(IV) Equipment.
(e) Academy directors.
(I) Qualifications. Each academy shall designate an on-site academy director whose qualifications, based upon education, experience and training, demonstrate his or her ability to manage the academy.
(II) Compliance. The academy director shall ensure that the academy operates in compliance with all P.O.S.T. Rules.
(III) Records. The academy director shall be responsible for establishing and maintaining a records management system that includes, but is not limited to, enrollment rosters, P.O.S.T. Form 11-E’s, trainee files, trainee manuals, attendance records, lesson plans, source material, instructor files, instructor/course evaluations and site safety plans.
(IV) Change of director. The academy director or authorized representative of an academy shall notify P.O.S.T. as soon as practicable of any change of academy director or any change of the academy director’s electronic mailing address.
(f) Curriculum requirements.
(I) Academic standards.
(II) Attendance.
(III) Lesson plans.
(IV) Daily schedules.
(V) Source material.
(VI) Academy examinations.
(VII) Certificates of completion.
(g) Instructors.
(I) Minimum qualifications.
(II) Instructor files.
(III) Instructor/course evaluations.
(h) Duty to report.
(I) In addition to any notifications that may be required administratively or under federal, state or local law, it shall be the duty of every academy director or the academy director’s designee to report the following events to P.O.S.T. immediately or as soon as practicable after the event:
(II) Training to cease.
(III) Serious bodily injury means those injuries as defined in § 18-1-901(3)(p), C.R.S.
(IV) Bodily injury means those injuries as defined in § 18-1-901(3)(c), C.R.S.
(V) All instructors shall be familiar with the information contained in this Section (h) as it pertains to the nature and scope of their involvement with the academy.
(i) Academy records requirements.
(I) Trainee file. During the academy, a file shall be maintained for each trainee or a systematic filing system must exist that contains at least the following records:
(II) Trainee manual.
(III) The following records shall be maintained at the academy and shall be readily available for inspection at any reasonable time by the Board or its designated representative(s).
(IV) All academy records must be retained for at least the three (3) year period as required by the Uniform Records Retention Act, § 6-17-101, et seq. , C.R.S. Rule 22 – CONCERNING SUNRISE REVIEW OF PEACE OFFICER STATUS The Colorado General Assembly and Colorado Peace Officer Standards and Training Board (P.O.S.T.) find that it is necessary to ensure that clear standards exist for obtaining peace officer status in the state of Colorado. The General Assembly and P.O.S.T. Board, during the 2003 legislative session, made statutory changes to end the stratification of peace officers and to ensure that all peace officers receive a consistent level of statutory protection. During the 2004 legislative session, SB04-224 required that the P.O.S.T. Board review any group seeking peace officer status, either for a group or a specific position. These P.O.S.T. Board actions are to be accomplished prior to the group seeking authorization from the General Assembly.
(a) Proposal Submission to P.O.S.T.
(I) No later than July 1 of any year, a group or political subdivision of the state that seeks peace officer status, either for the group or a specific position, shall submit to the P.O.S.T. Board for its review, a completed P.O.S.T. Form 12 and proposal containing the following information.
(II) The Director of P.O.S.T. will review item (A) through (G) and will coordinate with the group or specific position on additional information needed for P.O.S.T. Board review. A date will then be set for P.O.S.T. Board Sub-committee hearing.
(b) P.O.S.T. Board Sub-committee Hearing (I) P.O.S.T. Board Sub-committee for Peace Officer status
(II) After receiving the required information specified in subsections (a)(I) and (II) of this rule, the P.O.S.T. Board sub-committee for Peace Officer status shall conduct a hearing with the group’s representatives seeking Peace Officer status for the group or position.
(III) At the hearing a determination as to whether Peace Officer status is needed shall be based upon the following criteria:
(IV) Identification and assessment of the range and scope of authority, limits on authority, and the availability of Peace Officers with concurrent jurisdiction will be considered by the sub- committee regarding P.O.S.T. recommendations and training standards for each group.
(V) The preferred standards for any group or position requesting Peace Officer status are full P.O.S.T. certification (including background standards), and 40 hours annual continuing education.
(VI) The P.O.S.T. Board sub-committee for Peace Officer status shall submit a report and recommendation to the full P.O.S.T. Board for review and action. The applicant group or position will receive a copy of the report and recommendation.
(c) P.O.S.T. Board Review (I) Upon receipt of the P.O.S.T. Board sub-committee report and recommendation, the P.O.S.T. Board shall review the sub-committee recommendations at a scheduled P.O.S.T. Board meeting.
(II) At the scheduled meeting, the P.O.S.T. Board shall review the report, recommendation(s) and the information submitted by the sub-committee, and shall grant the groups' or positions' representatives a hearing to address the report and recommendations of the sub- committee. The P.O.S.T. Board can approve the recommendations or return the application to the P.O.S.T. sub-committee requiring additional information, requirements, and/or further review. Should the P.O.S.T. Board require the sub-committee to conduct a further review of the Positions' or Groups' application, the sub-committee's final report and recommendations shall be presented to the full Board at a scheduled P.O.S.T. Board Meeting. The affected group/position will be notified of the meeting at which the final report and recommendations will be considered by the Board.
(III) Upon completion of sections (c) (I) and (II) of this rule, the P.O.S.T. Board shall submit a final report and recommendations to the group seeking peace officer status for the group or for a specific position and to the Judiciary Committees of the Senate and House of Representatives. The report will be submitted no later than October 15 of the year following the year in which the proposal was submitted. The report may include legislative recommendations.
(d) Limitations - § 16-2.5-201(6)
(I) The group seeking peace officer status for the group or specific position may request members of the General Assembly to present appropriate legislation to the General Assembly during each of the two regular sessions that immediately succeed the date of the report required pursuant to subsection (c)(III) without having to comply again with the provisions of this rule.
(II) Bills introduced pursuant to the statute and this rule shall count against the number of bills to which members of the General Assembly are limited by joint rule of the Senate and House of Representatives. The General Assembly shall not consider peace officer status of more than five positions or groups in any one session of the General Assembly. Rule 23 – ACADEMY SKILLS INSTRUCTORS Effective January 1, 2012 (a) Recognition of academy skills instructors.
(I) A skills instructor may be recognized to teach at an approved academy as either an assistant skills instructor or a full skills instructor in each of the three (3) required skills training programs: arrest control, law enforcement driving, and firearms.
(II) All skills instructors who teach any portion of a skills training program at a P.O.S.T. approved basic or reserve training academy shall be qualified and approved as required by this Rule.
(III) Each academy shall maintain the applicable certificates of completion and/or documentation for all skills instructors.
(IV) New academies requesting P.O.S.T. approval and P.O.S.T. approved academies that have not conducted an academy within the previous three (3) years shall submit the appropriate documentation to P.O.S.T. and obtain approval for all assistant skills instructors and all full skills instructors.
(b) Assistant skills instructors.
(I) An assistant skills instructor may instruct under the direction and in the presence of a full skills instructor and assist in evaluating and coaching trainees.
(II) Minimum qualifications for an assistant skills instructor:
(III) Approval of assistant skills instructors.
(c) Full skills instructors.
(I) A full skills instructor may develop, implement, and evaluate a skills training program. In order to begin serving or to serve as a full skills instructor, a person must have satisfied the three (3) minimum qualifications listed in the following paragraph (II).
(II) Minimum qualifications for a full skills instructor.
(III) Approval of full skills instructors.
(d) Lead skills instructors.
(I) A lead skills instructor is a full skills instructor who may be designated by the academy director to oversee or coordinate the administration of a specific skills program of a particular academy class.
(II) Lead skills instructors require no additional approval by P.O.S.T. beyond approval as a full skills instructor.
(III) P.O.S.T. will review certificates of completion and/or documentation for lead skills instructors only as such documentation pertains to approval as a full skills instructor.
(e) Any applicant denied approval under section (b) or (c) of this Rule may appeal such denial in writing to the Director within ten days of notification of denial. Rule 24 – SKILLS TRAINING SAFETY AND SKILLS PROGRAM REQUIREMENTS FOR BASIC AND RESERVE ACADEMIES Revised December 3, 2010 - Effective July 1, 2011 (a) For ALL skills training programs: arrest control, law enforcement driving and firearms.
(I) A daily schedule is required.
(II) Written daily attendance records are required.
(III) Site safety plans are required.
(IV) For all hours of all skills training programs, except as specified in (b)(VII), 100% attendance and participation are mandatory.
(V) There must be at least one full skills instructor present at the site of instruction for each skills training session, excluding lecture-only sessions conducted in a classroom setting.
(VI) Successful completion is required.
(b) Arrest control training.
(I) There must be at least one arrest control instructor for every ten (10) trainees ( i.e., 1:10 ratio) during any practicum or lab session.
(II) No practicum or lab session may exceed eight (8) hours in any one-day.
(III) Mats or mat coverings must be serviceable and cleaned on a regular basis with an appropriate cleansing agent and/or disinfectant.
(IV) Only those arrest control disciplines that have been reviewed and approved as recognized disciplines for arrest control training are acceptable instruction for the Arrest Control Training Program.
(V) Each academy shall ensure that all arrest control instructors maintain current certification for the academy’s arrest control discipline in accordance with the standards for recertification, if any, of the recognized discipline for arrest control training.
(VI) All students must successfully complete a skills test out and written examination in accordance with the discipline being taught. If the program does not have a student test out then each student at a minimum must successfully complete the arrest control skills test as used in the provisional/renewal of certification process.
(VII) All students must attend 100% of the required sixty-two (62) hours of Arrest Control Training and no less than 95% of the hours of any course exceeding the established sixty-two hour requirement.
(VIII) All academy Arrest Control Training programs must be comprised of at least 60% lab hours.
(c) Law enforcement driving training.
(I) There must be at least one driving track vehicle and one law enforcement driving instruct or for every six (6) trainees ( i.e., 1:6 ratio) during any instruction at the track.
(II) No track exercise and/or practicum may exceed twelve (12) hours in a 24-Hour period.
(III) Academy directors shall ensure that no trainee be permitted to participate in a law enforcement driving program unless the trainee possesses a valid driver’s license.
(IV) There must be at least one (1) fully charged five (5) pound size or larger, dry chemical, Class ABC fire extinguisher on site during any instruction at the track.
(V) Prior to receiving any nighttime Law Enforcement Driving Program instruction at the track, each trainee shall receive a minimum of twelve (12) hours of daylight driving instruction at the track.
(d) Firearms training.
(I) There must be at least one firearms instructor for every four (4) trainees enrolled in the program (i.e., 1:4 ratio) anytime a trainee is handling an operable firearm, whether loaded or unloaded, at any location, including in the classroom and at the range, except as noted in the following paragraph (III). This 1:4 instructor to student ratio shall not include the instructor running the range exercise. For live fire tactical exercises, drills, and dim light shooting that requires movement, the instructor to student ratio shall be 1:4 with an emphasis on the four (4) rules of firearms safety.
(II) No range exercise and/or lab session may exceed eight (8) hours in any one day.
(III) For all decisional shooting scenarios, there must be an instructor to student ratio of 1:1.
(IV) Only P.O.S.T. approved firearms instructors and not agency trained safety officers may be utilized to satisfy the minimum ratios of firearms instructors to trainees.
(V) Prior to receiving any dim light firearms instruction at the range, each trainee shall receive a minimum of forty (40) hours of Firearms Training Program instruction, to include at least eight (8) hours of classroom lecture and thirty-two (32) hours of daylight live range instruction.
(VI) Only high-visibility, fluorescent colored “dummy” ammunition may be used for any weapons handling other than actual live fire shooting.
(VII) Trainees must be provided written and oral reminders over the course of the training of the four (4) rules of firearms safety:
(VIII) All trainees must be familiar with the four (4) rules of firearms safety prior to handling any operable firearm.
(IX) Firearms ranges must display some type of visual notification (range flag, signs, lights, or other) whenever the range is being utilized for live fire.
(X) Each trainee must fire a minimum of one thousand and five hundred (1,500) live rounds of handgun ammunition in a single weapons system, revolver or semi-automatic, before completing the program.
Rule 25 – ACADEMY INSTRUCTOR TRAINING PROGRAMS Revised December 3, 2010 - Effective March 1, 2011 (a) Only the following four (4) Colorado P.O.S.T. academy instructor training programs shall be recognized under this Rule:
(I) Instruction Methodology Program; or (II) Arrest Control Instructor Program; or (III) Handgun Instructor Program; or (IV) Law Enforcement Driving Instructor Program.
(b) Each scheduled training class of a recognized academy instructor training program must:
(I) Contain a minimum of forty (40) hours of instruction; and (II) Be approved prior to the start of instruction.
(c) Continuing academy instructor training programs.
(I) A continuing academy instructor training program is one that has been approved, conducts and completes at least one approved program every five (5) years, and operates in compliance with this Rule.
(II) The program director of a continuing academy instructor training program must ensure that the following documents are received at P.O.S.T. at least thirty (30) days but no more than sixty (60) days prior to the start of instruction for each scheduled training class of the approved continuing academy instructor training program:
(d) New academy instructor training programs.
(I) A new academy instructor training program is a recognized instructor training program that has either never conducted approved training, or a previously approved academy instructor training program that has not conducted approved training within the previous five (5) years.
(II) The program director of a proposed new academy instructor training program shall submit the following items to P.O.S.T. at least ninety (90) days prior to the anticipated start date of the program:
(III) The program director of a proposed new academy instructor training program shall also ensure that the documents listed in paragraph (c)(II) of this Rule are received at P.O.S.T. at least thirty (30) days prior to the start of instruction.
(e) Instructors.
(I) Instructors for new academy instructor training programs shall be approved in accordance with the minimum instructor qualifications identified in the applicable academy instructor training program.
(II) For continuing academy instructor training programs, the program director shall ensure that all instructors who instruct any portion of the program meet the minimum instructor qualifications identified in the applicable instructor training program.
(f) The program director of any new or continuing academy instructor training program shall notify P.O.S.T. prior to the occurrence of any of the following:
(I) The program is cancelled for any reason; or (II) Any change of the program’s start date or end date; or (III) Any change of training site.
(g) Certificates of completion.
(I) The program director shall issue a certificate of completion to each individual who successfully completes all requirements of the approved academy instructor training program.
(II) Each certificate of completion shall contain at least the following information:
(a) Members of the Board, or its designated representative(s) may at any reasonable time inspect any approved academy or training program, or any academy or training program believed to be operating contrary to these Rules.
(b) An academy or training program inspection may include, but is not limited to, a review of any records required to be maintained under these Rules, examination of the academy's facilities, training sites, and equipment, observation of classroom instruction and skills training and interviews with trainees, staff and instructors.
(c) Should the P.O.S.T. Director determine that an academy or training program is not in compliance with P.O.S.T. Rules, he shall notify the academy director or program director in writing of the specific deficiencies, and order remedial action.
(d) The academy director or program director may appeal the P.O.S.T. Director's order to the Board within thirty (30) days in accordance with Rule 5(c).
(e) Failure to comply with the P.O.S.T. Director's order shall result in the immediate suspension of the academy or training program, pending review by the Board at its next regular meeting. Rule 27 – RETIRED LAW ENFORCEMENT OFFICER AUTHORITY TO CARRY CONCEALED FIREARMS FEDERAL LAW EFFECTIVE OCTOBER 12, 2010 Pursuant to Chapter 44 of Title 18, United States Code, § 926C, the "Law Enforcement Officer Safety Act Improvement Act of 2010", and notwithstanding any other provision of the laws of the State of Colorado or any political subdivision thereof, an individual who is a qualified retired law enforcement officer, who is carrying the identification required may carry a concealed firearm. I Colorado Concealed Weapons Permit.
(A) Nothing in this rule will prohibit a retired law enforcement officer from seeking and obtaining a concealed weapons permit pursuant to Title 18, Article 12, Section 2, C.R.S. II Federal Eligibility Requirements for qualified Retired Law Enforcement Officers.
(A) It will be the responsibility of the retired peace officer to determine if he/she meets the criteria of being a "qualified retired law enforcement officer." As used in this rule, the term "qualified retired law enforcement officer" means an individual who:
(1) Separated in good standing from service with a public agency as a law enforcement officer; and (2) Before such separation, was authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for any violation of law and had statutory powers of arrest; and (3)
(4) During the most recent 12-month period has met, at the expense of the individual, the standards for qualification in firearms training for active law enforcement officers, as determined by;
(6) Is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and (7) Is not prohibited by Federal law from receiving a firearm. III The identification required by Federal law and this rule is: (A)
(1) Photographic identification issued by the agency from which the individual separated from service as a law enforcement officer that indicates that the individual has, not less recently than one year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the agency to meet the active duty standards for qualification in firearms training as established by the agency to carry a firearm of the same type as the concealed firearm; or (2) Photographic identification issued by the agency from which the individual separated from service as a law enforcement officer; and (B) A certification issued by a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within that state that indicates that the individual has, not less than 1 year before the date the individual is carrying the concealed firearm, been tested or otherwise found by a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within that state to have met the active duty standards for qualifications in firearms training, set by any law enforcement agency, within the state to carry a firearm of the same type as the concealed firearm.
IV Renewal of the Authority to Carry Concealed Firearms (A) Pursuant to the Law Enforcement Officer Safety Act Improvements Act of 2010, the authority to carry concealed weapons must be renewed annually, at the expense of the individual, through the successful completion of an approved active duty firearms qualification course. Failure to successfully complete the course will cause the authority to carry concealed firearms to be rescinded.
_________________________________________________________________________ Editor’s Notes History Rules 1; 10; 12; 17; 24 eff. 3/1/2008.
Rules 21; 23; 24 eff. 03/01/2009.
Rules 10, 21 eff. 03/01/2010.
Rules 1, 23, 24 eff. 07/01/2010.
Rules 19, 21, 23 – 25 eff. 02/01/2011.
Rule 27 eff. 07/30/2011.
Rules 10 - 12, 15, 17, 23 eff. 01/01/2012.
Rules 1, 10, 15, 18 emer. rule eff. 08/08/2012.
Rules 1, 10, 15, 18 eff. 12/01/2012.