I. Basis and Purpose of These Rules The basis and purpose of these rules is to promulgate rules in compliance with the revisions in § 40-32- 108(2) C.R.S.,as mandated by Senate Bill 51, which was enacted by the General Assembly during its 1987 session and signed into law on April 30, 1987.

II. Applicability of Rules A. These rules are applicable to all Class I railroads operating in the State of Colorado which employ railroad peace officers, which are defined as any person employed by a Class I railroad corporation operating within the State of Colorado to protect and investigate offenses against railroad corporation.

B. These rules are in addition to the Class I railroad's standard employment rules and regulations. C. These rules apply to a railroad peace officer employed on or after the effective date of these rules. III. Minimum Requirements-New Employees A Class I railroad shall not employ an individual as a railroad peace officer unless he or she: A. Has a minimum of four years education at an accredited college or university, or has a minimum of two years experience in public law enforcement or as a railroad peace officer, or has any combination of education at an accredited college or university and law enforcement experience totaling four years; or B. Has completed a basic training course at a training academy approved by the Colorado Law Enforcement Training Academy (CLETA).

C. Is at least 18 years of age;

D. Has been fingerprinted and subject to a search by the railroad of local, state, and national files to disclose any criminal record. Pursuant to the provisions of § 24-5-101 C.R.S., prior conviction of a felony or other offense involving moral turpitude shall not, in and of itself, preclude employment.

IV. Transfer to Colorado A. A railroad peace officer transferring into Colorado from another state shall meet the requirements of Rule III above at the time of transfer. V. Exemption A. A railroad peace officer shall be exempt from the requirements of Rule III and Rule IV of these rules if prior to employment as a railroad peace officer the peace officer holds a current certificate in Colorado as a peace officer issued by the Colorado Peace Officers Standards and Training Board or holds a current equivalent certificate from another state. VI. Waiver A. A Class I railroad may apply for a waiver of any of these rules on a case-by-case basis. The Commission may grant a waiver if it determines that a waiver will not endanger the public peace, health, and safety.