4 CCR 901-1
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 Training”, one of the skills training programs required for the basic and reserve training academies.
(f) “Board” means the Colorado Peace Officer Standards and Training Board.
(g) “Bodily Injury” means physical pain, illness, or any impairment of physical or mental condition. § 18-1- 901(3)(c), C.R.S. (2003).
(h) “Certification examination” means the written test required under §24-31-305(l)(a)(III), C.R.S. (2003).
(i) “Certified Peace officer” means any person who has successfully attained P.O.S.T. Certification and is described in § 16-2.5-102 C.R.S. (2003).
(j) “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.
(k) “Course” means a formal unit of instruction relating to a particular subject.
(1) “C.R.S.” means Colorado Revised Statutes, codified laws of the State of Colorado.
(m) “Director” means the director of the P.O.S.T. Board staff.
(n) “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.
(o) “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.
(p) “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. (2003).
(q) “Lateral training academy” means an agency-specific approved academy that instructs academic courses determined by the agency and skills training in arrest control, law enforcement driving and firearms.
(r) “Lesson plan” means a document that specifically describes the material presented during a course of instruction.
(s) “Patrol vehicle” means any vehicle, engineered for pursuit and high speed driving, as identified and tested within the Michigan State Patrol Police Vehicle Testing Program, and/or used and recognized by Colorado Law Enforcement Agencies.
(t) “Peace Officer” means any person recognized in § 16-2.5-101 C.R.S. (2003).
(u) “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.
(v) “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(l)(F), C.R.S.” (w) “Program director” means that person responsible for the administration and operation of a P.O.S.T. approved training program.
(x) “Provisional certification” means an interim certification recognized by P.O.S.T. available 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.
(y) “Refresher academy” means an approved training program that consists of a minimum of 88 hours of academics, law enforcement driving, and firearms and is offered as an elective means through which to satisfy the training requirements for qualified provisional or renewal applicants in order to either obtain or renew basic certification.
(z) “Renewal Applicant” means an applicant whose Colorado peace officer certificate has expired per § 24-31-305(1.7)(b), C.R.S. (2003), and who has applied to renew his/her Colorado peace officer certificate in accordance with § 24-31-305(1.7)(c), C.R.S. (2003) and P.O.S.T. Rule 13.
(aa) “Reserve peace officer” means any person described in § 16-2.5-110, C.R.S. (2003), 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. (2003), but does not include any person appointed by a sheriff limited to particular acts pursuant to § 30-10-506 and 510, C.R.S. (2003).
(bb) “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. (2003).
(cc) “Skills examination” means the approved practical test of an applicant's proficiency in arrest control, law enforcement driving, or firearms.
(dd) “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.
(ee) “Skills training” means the required approved arrest control, law enforcement driving, and firearms courses.
(ff) “State” means any State in the United States, the District of Columbia, and any territory or possession of the United States.
(gg) “Subject matter expert” (SME) means an individual formally recognized by the Board for his or her superior knowledge, expertise and/or experience in one of the skills areas or in academics.
(hh) “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.
(ii) “Test-out” means the process through which qualified provisional or renewal applicants attempt to demonstrate skills proficiency in arrest control, law enforcement driving and firearms curriculum.
(jj) “Training academy” means a P.O.S.T. approved school, agency or other entity that provides P.O.S.T. approved training programs.
(kk) “Training program” means a P.O.S.T. approved course of instruction required by statute, Rule, or for certification or as otherwise recognized 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 (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. (2003), 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 (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 and one member of the Board, who shall serve as co- chairs, and other specialists from the law enforcement community. Any person wishing to be appointed, either active law enforcement officer, law enforcement professional or retired peace officer, must apply to the Director in writing by December 1 of the preceding year. Appointments may be made, upon the applicant's merits, during the calendar year at the discretion of the Director and each of the committee chairs.
(b) The committees:
(I) Review and provide recommendations regarding training programs and committee recommendations, to include training justification and research data, which shall be submitted in writing. Committee recommendations shall be made available to the P.O.S.T. Board, all SME committee chairs, academy directors, and other persons of interest at least six weeks prior to the P.O.S.T. Board meeting in which the Board will consider the recommendation as an agenda item. Empirical information should be included to identify whether the new skills standards can be implemented into existing training programs and should state the instructional program to be recognized to provide the training and/or certify instructor trainers. All SME committee recommendations shall be posted on the P.O.S.T. website.
(II) Participate in inspections of all P.O.S.T. approved programs and training academies;
(III) Conduct skills examinations in accordance with Rules 11 and 16; and (IV) Establish minimum qualifications for committee membership. Rule 5 - Hearings (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;
(II) That the respondent has the right to appear and be heard at such hearing, either in person or through legal counsel;
(III) That the respondent has the burden of proving all of the facts relevant to his or her position;
(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;
(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;
(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;
(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;
(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;
(II) That the petitioner has the right to appear and be heard at such hearing, either in person or through legal counsel;
(III) That the petitioner has the burden of proving all of the facts relevant to his or her petition;
(IV) A summary of the staffs 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. (2003).
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 (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. (2003), 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 § 24-3 l-303(5)(a) and § 24-3 l-305(l)(a)(III), C.R.S. (2003), no person may, through a variance or otherwise, serve as a certified peace officer, as defined in § 16-2.5-102, C.R.S.
(2003) without having first passed the required certification examination and become certified. Rule 8 - Appeal Process for Certification Denial as a Result of a Misdemeanor Conviction (a) The Board has promulgated these rules to ensure orderly and fair treatment of all certified peace officers and peace officer applicants. § 24-31-305 C.R.S. (2003) requires the P.O.S.T. Board deny or revoke certification of any person who has been convicted of a felony or particular misdemeanors.
(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. (2003), 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. (2003); and (II) Mitigating circumstances exist that warrants 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 the P.O.S.T. Director has made his decision, 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 All Rules Effective 03/08/04 except Rule 21 and 23 which are effective 06/01/04 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. (2003),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. (2003) without having first passed the required certification requirements and become certified.
Rule 9 - Revocation Hearings for Criminal Conduct (a) A Colorado peace officer certification issued pursuant to § 24-31-305 C.R.S. (2003) 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: (2003), 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. (2003); and (II) Mitigating circumstances exist and that the certificate should not be revoked;
(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 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 Certification (a) The Board is authorized to issue a basic 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 1 - Application for Basic Certification', and (IV) Successfully completes the fingerprint-based criminal history record check required under Rule 14; and (V) Successfully completes an approved basic training academy, including skills training, within the previous three (3) years and submits a copy of his/her certificate of completion; and (VI) Passes the certification examination pursuant to Rule 15.
(b) 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.
(c) 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. (2003).
(d) 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 (a) The Board is authorized to issue a provisional certification letter to any applicant who is authorized to serve as a certified peace officer by any other state or federal jurisdiction, excluding the armed forces, which has established minimum law enforcement training standards that are equivalent to the standards established by Colorado as determined by the P.O.S.T. Director. The provisional applicant must have been authorized to serve as a certified peace officer within the proceeding three (3) years, and have served in good standing for a period of not less than one (1) 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 or federal peace officer employment, within six (6) months from the date of issuance of the provisional certification.
(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 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 (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 (V) Successfully completes an approved reserve academy within the previous three (3) 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. (2003) 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 (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. (2003), 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. (2003).
(c) Enrollment. Pursuant to §24-31-304, C.R.S. (2003) 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 the 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 fingerprint's 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 cheeks.
(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. (2003). 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. (2003) 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 a preliminary enrollment roster is received at P.O.S.T. at least fifteen (15) days prior to the first day of the academy, and a final enrollment roster 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. (2003), 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. (2003), 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 Certification; orForm 3 -Application for Provisional Certification; orForm 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, or money order in the prescribed amount.
(b) Certification examinations will be conducted by P.O.S.T. staff 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) Applicants taking the examination for a second or third tune 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).
(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).
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 (a) Every basic or reserve 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, or home telephone number.
(b) Any P.O.S.T. certified peace officer convicted in any jurisdiction of a felony or any misdemeanor contained in § 24-31-305(1.5)(a) thru (g), C.R.S. (2003) 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. (2003), such agency shall submit a completed Form 6 -Notice of Peace Officer Appointment/Separation to the Board within thirty (30) days of such appointment or separation.
(d) During the month of January of each year, every law enforcement agency shall provide the Board with a list of those certified peace officers, identified in § 16-2.5-102 and 16-2.5-110, C.R.S. (2003) currently appointed by such 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, C.R.S.
(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 Any person seeking certification as a Vehicle Identification Number Inspector must meet each of the following requirements:
(a) Possess either basic or reserve certification; and (b) Be currently serving as a peace officer or reserve peace officer; and (c) Successfully completes and submits his/her certificate of completion from an approved Vehicle Identification Number course; and (d) 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 (e) Completes and submits the P.O.S.T. Form 9 - Application for FIN Inspector Certification. 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 (a) Academy approval. All training academies must be approved prior to the start of instruction.
(b) Advisements. All training academies shall provide written notice of the following provisions to each trainee on or before the first day of the academy. A P.O.S.T. Form 11, Criminal History Advisement, or comparable academy forms and/or documents may be used for this purpose.
(I) It is each trainee's responsibility to determine his or her eligibility for certification prior to enrolling in any training program; and (II) Successful completion of the training academy does not guarantee that the trainee will receive either P.O.S.T. certification or be appointed as a peace officer.
(III) No person who has been convicted of any felony or any misdemeanor as referenced in § 24- 31-305(1.5) (a) through (g), C.R.S. (2002) may be certified as a peace officer in the State of Colorado.
(IV) Applicants are asked if they are:
(c) Academy directors. Each academy director shall:
(I) Take reasonable steps to exclude from the academy those trainees who have been convicted of a felony or any misdemeanor as referenced in § 24-31-305(1.5)(a) through (g), C.R.S. (2002); and (d) 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 which operates in compliance with these Rules.
(II) A continuing academy shall remain approved until its status is either surrendered, suspended or revoked.
(III) The director of a continuing academy must ensure that the following documents are received at P.O.S.T. at least thirty (30) days prior to the start of instruction for each academy class:
(e) New academies.
(I) A new academy is 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 new academy shall contact P.O.S.T. at least ninety (90) days prior to the anticipated start date of the new academy to ascertain application procedures and deadlines.
(f) Schedule changes. Academy directors have a continuing responsibility to notify P.O.S.T. in advance of any substantial changes to the schedule of an approved academy. Substantial changes shall include the following:
(I) Any change of the academy's start date or end date; or (II) For skills training, any change of date or change of training site; or (III) Any change or combination of changes that a reasonable person would believe substantially alters the approved schedule.
(g) New training sites.
(I) All sites for academic instruction and skills training for each academy must be approved by P.O.S.T. prior to commencing instruction at the site.
(II) A VHS-format videotape that accurately depicts the site where instruction is to take place must be submitted to P.O.S.T. in order for approval of a new training site to be considered. A detailed description of the site must be included, either as verbal narrative on the videotape or as a written supplement to the videotape.
(h) Trainee files. Each trainee file shall contain at least the following records:
(I) Trainee's full legal name and date of birth; and (II) The document(s) that confirm the advisements contained in paragraph (b) of this Rule were provided; and (III) Photocopy of the trainee's high school diploma or high school equivalency certificate; and (IV) Photocopy of the trainee's valid driver's license, unless the trainee will not be participating in law enforcement driving.
(i) Lesson plans. All basic and reserve training academies are required to have formal written lesson plans for each academic course of instruction required by P.O.S.T., and for each of the skills. Each lesson plan must include at a minimum:
(I) Learning goals and objectives; and (II) Methodology of instruction; and (III) Amount of time required; and (IV) A list of any source or reference materials.
(j) Instructor/course evaluations.
(I) Trainees shall complete written evaluations for each instructor and/or course of instruction for all courses and skills training required by the P.O.S.T. curriculum.
(II) Either the P.O.S.T. Form 10, Instructor/Course Evaluation, or comparable academy forms and/or documents may be used for this purpose.
(III) The academy director shall determine the most meaningful format and method of administration of such evaluations in order to monitor instructor quality and course content and to meet the needs of the individual academy.
(IV) Completed instructor/course evaluations for the academy in progress and for the previously completed academy, as applicable, shall be maintained at the academy and available for inspection at any time by the P.O.S.T. Board or its designated representatives.
(k) Certificates of completion.
(I) The academy director shall issue a certificate of completion to each trainee who successfully completes all portions of the approved academy.
(II) The certificate of completion shall clearly state the trainee's name, name of the approved academy, type of academy (basic or reserve), date of academy completion (month, day, year), total number of hours of the completed academy, and signature of the academy director and/or agency or academic representative.
(III) Reserve academy certificates of completion shall additionally state whether the total number of academy hours includes or does not include law enforcement driving.
(IV) The academy director shall not issue a certificate of completion to any trainee who has not attended and successfully completed 100% of all required skills training. Rule 21 - Basic and Reserve Training Academies (a) Academy approval.
(I) Only an academy that is approved by the Board may provide training required for certified peace officer status.
(II) 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 which operates in compliance with these Rules.
(II) A continuing academy shall remain approved until its status is either surrendered, suspended or revoked.
(III) The director of a continuing academy 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:
(IV) 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.
(V) Schedule changes.
(VI) New training sites.
(c) New academies.
(I) A new academy is 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 new academy shall contact P.O.S.T. at least ninety (90) days prior to the anticipated start date of the new academy to ascertain application procedures and deadlines.
(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) Prior to approval, all new academies must pass an on-site inspection conducted by the Board or its designated representative(s).
(d) Academy directors.
(I) Qualifications. Each academy shall designate an academy director whose qualifications, based upon education, experience and training, demonstrate his or her ability to manage the academy.
(II) Records management. The academy director shall be responsible for establishing and maintaining a records management system that includes enrollment information, trainee files, trainee manuals, attendance records, lesson plans, source material, instructor files, instructor/course evaluations and academy safety plan.
(III) 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.
(IV) Academy enrollment. All academies shall comply with the requirements referenced in P.O.S.T. Rule 14, Fingerprint-Based Criminal History Record Check.
(e) Training sites and facilities requirements.
(I) An academy shall have the following training sites and facilities:
(II) All sites for academic instruction and skills training must be approved by P.O.S.T. in consultation with the appropriate subject matter expert committees prior to conducting any training at the site.
(III) All training sites and facilities, equipment, books, supplies, materials and the like shall be maintained in good condition.
(f) Curriculum requirements.
(I) All training programs shall meet or exceed the required course content and minimum number of hours for each academic course of instruction and for each of the skills as referenced in the Basic Academic Training Program and Reserve Academic Training Program.
(II) Attendance.
(III) Lesson plans.
(IV) Source material.
(V) Academy examinations.
(VI) Certificates of completion.
(g) Instructors.
(I) Minimum qualifications.
(II) Instructor files.
(III) Instructor/course evaluations.
(h) Safety considerations.
(I) Equipment. The following items shall be present at each training site during any academy training at the site:
(II) Safety plan.
(III) Duty to report.
(IV) Training to cease.
(i) Academy records requirements (I) Trainee files. A file shall be maintained for each trainee that contains at least the following records:
(II) Trainee manual. Each academy shall maintain an up-to-date trainee manual. At a minimum, the trainee manual shall contain the academy's rules and regulations, academic requirements, attendance policies and safety standards.
(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. (2003). Rule 22 - For Future Use Rule 23 - Skills Instructors A skills instructor may be recognized to teach in any of three areas: arrest control, law enforcement driving, and firearms. Due to the sheer numbers of documents submitted to P.O.S.T., effective immediately, the following provisions shall apply to all academies and remain in effect until such time as anew P.O.S.T. Rule is issued.
(a) Assistant Skills Instructor - 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.
(I) To begin serving or to serve as an assistant skills instructor, a person must have successfully completed the relevant approved skills instructor training course.
(II) P.O.S.T. will not accept or review certificates of completion and/or documentation for applicants seeking P.O.S.T. approval as assistant skills instructors with the following exception:
If an academy director or skills instructor applicant is not certain that a particular course qualifies as a “relevant approved skills instructor training course,” either the academy director or instructor applicant may contact P.O.S.T. for confirmation or submit the certificate(s) of completion and/or related documentation to P.O.S.T. for review.
(III) Each academy that employs or utilizes assistant skills instructors shall maintain the applicable certificates of completion and/or documentation for each assistant skills instructor either in academy files or individual instructor files. Such files shall be complete, organized and available for inspection at any time by the P.O.S.T. Board or its designated representative(s).
(b) Full Skills Instructor - A full skills instructor may develop, implement, and evaluate a skills program.
(I) To begin serving or to serve as a full skills instructor, a person must have successfully completed the relevant approved skills instructor training course; and (II) Completed a minimum of eighty (80) hours of instructional experience as an assistant skills instructor at an approved academy in the relevant approved basic skills area; and (III) Successfully completed an approved instructor methodology training course.
(IV) P.O.S.T. will continue to accept certificates of completion and/or documentation for applicants seeking P.O.S.T. approval as full skills instructors.
(V) Instructional experience completed at other than an approved academy maybe considered as part of the eighty (80) hour requirement. However, the skills instructor applicant must request a variance in accordance with Rule 7 (Variances) and appear in person before the relevant subject matter expert committee to demonstrate skills instructional proficiency.
(VI) Each academy that employs or utilizes full skills instructors shall maintain all applicable certificates of completion and training experience documentation either in academy files or individual instructor files. Such files shall be complete, organized and available for inspection at any time by the P.O.S.T. Board or its designated representative(s).
(c) 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. for all assistant skills instructors and all full skills instructors.
(d) Any applicant denied approval under section (a) or (b) of this rule may appeal such denial to the Director within ten days of notification of denial.
Rule 23 - Skills Instructors 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.
(a) Assistant Skills Instructor. 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.
(I) In order to begin serving or to serve as an assistant skills instructor, a person must have successfully completed the relevant approved skills instructor training program.
(II) For arrest control instructors, the relevant approved skills instructor training program shall be the same arrest control discipline as that which the person will be instructing.
(III) Each academy that employs or utilizes assistant skills instructors shall maintain the applicable certificates of completion and/or documentation for to substantiate that each assistant skills instructor has completed the relevant approved skills instructor training program.
(IV) P.O.S.T. will review certificates of completion and/or documentation for assistant skills instructors only when an academy director or new assistant skills Instructor applicant is not certain that a particular instructor training program qualifies as the relevant approved skills instructor training program. Either the academy director or the assistant skills instructor applicant may submit the certificates of completion and/or documentation to P.O.S.T. for review.
(b) Full Skills Instructor-. 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 following requirements:
(I) Successful completion of the relevant approved skills instructor training program; and (II) Successful completion of an approved forty (40) hour instruction methodology training program; and (III) Completion of a minimum, of eighty (80) hours of instructional experience as an assistant skills instructor at an approved basic or reserve training academy in the corresponding skills training program: arrest control, law enforcement driving or firearms.
(IV) Instructional experience completed at other than an approved basic or reserve training academy may be considered as part of the eighty (80) hour requirement. However, the full skills instructor applicant must request a variance in accordance with P.O.S.T. Rule 7, (Variances), and may be required to appear in person before the appropriate subject matter expert committee to demonstrate skills instructional proficiency.
(V) Approval of new full skills instructors.
(VI) Each academy that employs or utilizes full skills instructors shall maintain all applicable certificates of completion and/or documentation to substantiate compliance with the requirements referenced in this Rule.
(c) 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. for all assistant skills instructors and all Ml skills instructors.
(d) Any applicant denied approval under section (a) or (b) of this Rule may appeal such denial to the Director within ten days of notification of denial.
Rule 24 - Skills Training Safety (a) 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.
(b) Arrest control training:
(I) There must be at least one arrest control instructor for each ten (10) trainees during any practicum or lab session.
(II) No practicum or lab session may exceed eight (8) hours in any one-day, nor may the total hours of practicum or lab sessions exceed eight (8) hours in any consecutive two-day period.
(III) Mats or mat coverings must be serviceable and cleaned on a regular basis with an appropriate cleansing agent and/or disinfectant.
(c) Law enforcement driving training:
(I) There must be at least one driving track vehicle and one law enforcement driving instructor for each six (6) trainees during any instruction at the track.
(II) No trainee shall be permitted to participate in a law enforcement driving program unless he or she possesses a valid driver's license.
(III) 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.
(d) Firearms training:
(I) There must be at least one firearms instructor for each four (4) trainees enrolled in the program anytime a trainee is handling a firearm at any location. These instructors must be P.O.S.T. approved instructors and not agency trained safety officers.
(II) Only high-visibility, fluorescent colored “dummy” ammunition may be used for any weapons handling other than actual live-fire shooting.
(III) Trainees must be provided written and oral reminders over the course of the training that:
(IV) Each trainee must fire a minimum of one thousand (1,000) live rounds of handgun ammunition in a single weapons system, revolver or semi- automatic, before completing the program.
Rule 25 - Instructor Training Programs (a) Every instructor training program, whether instruction methodology; arrest control instructor program, law enforcement driving instructor's program, or firearms instructor program, must:
(I) Contain a minimum of forty (40) hours of instruction; and (II) Be approved prior to the start of instruction.
(b) The program 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 all instructor training courses:
(I) A completed P.O.S.T. Form 8, Application for Training Program Approval; and (c) All new instructor training programs must also submit:
(I) A detailed course outline; and (II) Handout materials; and (III) A detailed explanation of pass-fail criteria, and;
(IV) A list of instructors and their qualifications.
(d) Instructors for instructor training courses shall be approved on the basis of education, subject matter experience, and instructional experience. Such instructor approval shall be limited to the particular approved course.
Rule 26 - Academy and Training Program Inspections (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.