Part 7.
TEXAS COMMISSION ON LAW ENFORCEMENT OFFICER STANDARDS AND EDUCATION
Chapter 211.
ADMINISTRATION
37 TAC §211.1
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) proposes an amendment to Title 37, Texas Administrative
Code §211.1, concerning Definitions. An amendment to add new subsection
(a)(32) "honorable discharge" for clarification and consistency. Subsection
(b) is amended to reflect the effective date for these changes.
The Commission has determined that for each year of the first five years
the amendment as proposed will be in effect there will not be fiscal implications
to state or local governments as a result of administering the amendment.
The Commission has determined that for each year of the first five years
the amendment as proposed will be in effect there will be no anticipated economic
cost to large, small, or micro businesses as a result of the proposed amendment.
There will be no cost to individuals who are required to comply with the rule
as proposed.
The Commission has determined that for each year of the first five years
the amendment as proposed will be in effect, there will be a positive benefit
to the public by adding the definition" honorable discharge" to assist academies
and agencies to determine what the Commission will accept in regards to conditions
of discharge on a DD214.
Comments may be submitted in writing to Mr. Timothy A. Braaten, Executive
Director, Texas Commission on Law Enforcement Officer Standards and Education,
6330 Highway 290 East, Suite 200, Austin, TX 78723.
The amendment is proposed under Texas Occupations Code, Chapter
1701, §1701.151 General Powers which authorized the Commission to promulgate
rules for administration of this chapter.
The rule amendment as proposed is in compliance with Texas Occupations
Code §1701.001, Definitions.
No other code, article, or statute is affected by this proposal.
§211.1.Definitions.
(a)
The following words and terms, when used in this chapter,
shall have the following meanings, unless the context clearly indicates otherwise.
(1) - (31)
(No change.)
(32)
Honorable conditions--a discharge
from the armed forces of the United States after at least two (2) years active
duty service characterized as Honorable or General - Under Honorable Conditions.
(33)
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(34)
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(35)
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(36)
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(37)
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(38)
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(39)
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(40)
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(41)
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(42)
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(43)
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(44)
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(45)
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(46)
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(47)
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(48)
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(49)
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(50)
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(51)
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(52)
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(53)
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(54)
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(55)
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(56)
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(57)
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(58)
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(59)
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(A)
70 percent or better; or
(B)
C or better; or
(C)
pass, if offered as pass/fail.
(60)
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(61)
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(62)
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(63)
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(64)
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(65)
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(66)
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(67)
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(b)
The effective date of this section is
June 1, 2007.
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on December 18, 2006.
TRD-200606806
Timothy A. Braaten
Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Earliest possible date of adoption: February 4, 2007
For further information, please call: (512) 936-7717
37 TAC §215.13
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) proposes an amendment to Title 37, Texas Administrative
Code, §215.13, concerning Risk Assessment. Subsection (a)(1) - (3), (b)(1),
and (c)(1) is changed to use only the first attempt pass rate as an indicator
of at risk status and to increase the first attempt pass rate to 80 percent.
Subsection (f) is amended to reflect the effective date for these changes.
The Commission has determined that for each year of the first five years
the amendment as proposed will be in effect there will not be fiscal implications
to state or local governments as a result of administering the amendment.
The Commission has determined that for each year of the first five years
the amendment as proposed will be in effect there will be no anticipated economic
cost to large, small, or micro businesses as a result of the proposed amendment.
There will be no cost to individuals who are required to comply with the rule
as proposed.
The Commission has determined that for each year of the first five years
the amendment as proposed will be in effect there will be a positive benefit
to law enforcement contractual training providers. Contractual training providers
are required by the §215.1 to renew their training contract every two
(2) years. This rule change brings contractual training provider in line with
law enforcement academies and academic alternative program for contract renewals
and reduces time manpower required for two-year renewals.
Comments may be submitted in writing to Mr. Timothy A. Braaten, Executive
Director, Texas Commission on Law Enforcement Officer Standards and Education,
6330 Highway 290 East, Suite 200, Austin, TX 78723.
The amendment is proposed under Texas Occupations Code, Chapter
1701, §1701.151, General Powers, which authorized the Commission to promulgate
rules for administration of this chapter.
The rule amendment as proposed is in compliance with Texas Occupations
Code §1701.254, Risk Assessment and inspections.
No other code, article, or statute is affected by this proposal.
§215.13.Risk Assessment.
(a)
A law enforcement academy may be found at risk;
(1)
after January 1, 2003, if the passing rate on a licensing
examination for first attempts for any state fiscal year is less than 70 percent
of the students
attempting the licensing exam;
[
(2)
after September 1, 2009, if
the passing rate on a licensing exam for first attempts for any three consecutive
state fiscal years, beginning with state fiscal year 2007 (September 1, 2006
through August 31, 2007) is less than 80 percent of the students attempting
the licensing exam;
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(3)
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(4)
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(5)
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(6)
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(7)
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(8)
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(9)
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(10)
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(11)
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(12)
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(b)
A contractual provider may be found at risk;
(1)
for the same reasons in subsection (a)(1)
and (2)
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(2) - (10)
(No change.)
(c)
An academic provider may be found at risk:
(1)
after January 1, 2003, if the
passing rate on a licensing examination for first attempts for any 3 state
fiscal year period is less than 70 percent of the students attempting the
licensing exam;
[
(2)
after September 1, 2009, if
the passing rate on a licensing exam for first attempts for any three consecutive
state fiscal years, beginning with state fiscal year 2007 (September 1, 2006
through August 31, 2007) is less than 80 percent of the students attempting
the licensing exam;
(3)
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(4)
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(5)
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(6)
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(7)
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(8)
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(9)
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(10)
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(11)
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(d) - (e)
(No change.)
(f)
The effective date of this section is
June 1, 2007.
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on December 18, 2006.
TRD-200606808
Timothy A. Braaten
Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Earliest possible date of adoption: February 4, 2007
For further information, please call: (512) 936-7717
37 TAC §215.15
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) proposes an amendment to Title 37, Texas Administrative
Code, §215.15, concerning Enrollment Standards and Training Credit. Subsection
(b)(3) is changed to add persons with a general discharge under honorable
conditions from the armed forces of the United States as eligible for enrollment
in any basic peace officer training course. Subsection (d) is amended to reflect
the effective date for these changes.
The Commission has determined that for each year of the first five years
the amendment as proposed will be in effect there will not be fiscal implications
to state or local governments as a result of administering the amendment.
The Commission has determined that for each year of the first five years
the amendment as proposed will be in effect there will be no anticipated economic
cost to large, small, or micro businesses as a result of the proposed amendment.
There will be no cost to individuals who are required to comply with the rule
as proposed.
The Commission has determined that for each year of the first five years
the amendment as proposed will be in effect there will be a positive benefit
to law enforcement academies and agencies to assist them in determining what
the Commission will accept in regards to conditions of discharge on a DD214.
Comments may be submitted in writing to Mr. Timothy A. Braaten, Executive
Director, Texas Commission on Law Enforcement Officer Standards and Education,
6330 Highway 290 East, Suite 200, Austin, TX 78723.
The amendment is proposed under Texas Occupations Code, Chapter
1701, §1701.151, General Powers, which authorized the Commission to promulgate
rules for administration of this chapter.
The rule amendment as proposed is in compliance with Texas Occupations
Code §1701.255, Enrollment Qualifications.
No other code, article, or statute is affected by this proposal.
§215.15.Enrollment Standards and Training Credit.
(a)
(No change.)
(b)
In order for an individual to enroll in any basic peace
officer training program that provides instruction in defensive tactics, arrest
procedures, firearms, or use of a motor vehicle for law enforcement purposes,
the academy must have on file:
(1) - (2)
(No change.)
(3)
an honorable discharge
or general discharge under
honorable conditions
from the armed forces of the United States after
at least 24 months of active duty service;
(c)
(No change.)
(d)
The effective date of this section is
June 1, 2007.
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on December 18, 2006.
TRD-200606809
Timothy A. Braaten
Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Earliest possible date of adoption: February 4, 2007
For further information, please call: (512) 936-7717
37 TAC §217.1
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) proposes an amendment to Title 37, Texas Administrative
Code, §217.1, concerning Minimum Standards for Initial Licensure. Subsection
(a)(13) is changed to reflect the conditions of discharge from the armed forces
of the United States that are eligible for initial licensure. Subsection (o)
is amended to reflect the effective date for these changes.
The Commission has determined that for each year of the first five years
the amendment as proposed will be in effect there will not be fiscal implications
to state or local governments as a result of administering the amendment.
The Commission has determined that for each year of the first five years
the amendment as proposed will be in effect there will be no anticipated economic
cost to large, small, or micro businesses as a result of the proposed amendment.
There will be no cost to individuals who are required to comply with the rule
as proposed.
The Commission has determined that for each year of the first five years
the amendment as proposed will be in effect there will be a positive benefit
to law enforcement academies and agencies to assist them in determining what
the Commission will accept in regards to conditions of discharge on a DD214.
Comments may be submitted in writing to Mr. Timothy A. Braaten, Executive
Director, Texas Commission on Law Enforcement Officer Standards and Education,
6330 Highway 290 East, Suite 200, Austin, TX 78723.
The amendment is proposed under Texas Occupations Code, Chapter
1701, §1701.151, General Powers, which authorized the Commission to promulgate
rules for administration of this chapter.
The rule amendment as proposed is in compliance with Texas Occupations
Code §1701.301, License Required.
No other code, article, or statute is affected by this proposal.
§217.1.Minimum Standards for Initial Licensure.
(a)
The commission shall issue a peace officer, jailer, temporary
jailer, or public security officer license to an applicant who meets the following
standards:
(1) - (12)
(No change.)
(13)
has not been discharged from any military service under
less than honorable conditions
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(14) - (18)
(No change.)
(b) - (n)
(No change.)
(o)
The effective date of this section is
June 1, 2007.
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on December 18, 2006.
TRD-200606810
Timothy A. Braaten
Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Earliest possible date of adoption: February 4, 2007
For further information, please call: (512) 936-7717
37 TAC §217.7
The Texas Commission on Law Enforcement Officer Standards
and Education (Commission) proposes an amendment to Title 37, Texas Administrative
Code, §217.7, concerning Reporting the Appointment and Termination of
a Licensee. Subsection (g) is adding language by providing law enforcement
agencies an option not to file a F-5 Report of Separation of Licensee to Commission,
if the licensee has filed a grievance with an agency. This would allow all
administrative remedies to be exhausted in the event the licensee is awarded
full restoration of his time as a law enforcement officer. Subsection (i)
is amended to reflect the effective date for these changes.
The Commission has determined that for each year of the first five years
the amendment as proposed will be in effect there will not be fiscal implications
to state or local governments as a result of administering the amendment.
The Commission has determined that for each year of the first five years
the amendment as proposed will be in effect there will be no anticipated economic
cost to large, small, or micro businesses as a result of the proposed amendment.
There will be no cost to individuals who are required to comply with the rule
as proposed.
The Commission has determined that for each year of the first five years
the amendment as proposed will be in effect, there will be a positive benefit
to the public by allowing law enforcement agencies to wait to file an F-5
Report of separation form until all administrative remedies are exhausted
and thus prevent the filing of revised or amended termination reports. This
rule change will benefit both licensee and law enforcement agencies by eliminating
confusion for prospective employers viewing multiple F-5's being on file and
cost for file retention.
Comments may be submitted in writing to Mr. Timothy A. Braaten, Executive
Director, Texas Commission on Law Enforcement Officer Standards and Education,
6330 Highway 290 East, Suite 200, Austin, TX 78723.
The amendment is proposed under Texas Occupations Code, Chapter
1701, §1701.151, General Powers, which authorized the Commission to promulgate
rules for administration of this chapter.
The rule amendment as proposed is in compliance with Texas Occupations
Code §1701.452, Employment Termination Report.
No other code, article, or statute is affected by this proposal.
§217.7.Reporting the Appointment and Termination of a Licensee.
(a) - (f)
(No change.)
(g)
When an individual licensed by the commission resigns from
appointment or employment with an agency or if an individual's appointment
or employment is terminated for any reason, the agency shall submit a report
to the commission in the currently prescribed commission format that reports
resignation or termination, including all emergency telecommunicators. The
report shall be submitted within 30 days following the date of resignation
or termination.
If a licensee has filed a timely grievance or appeal
within the personnel policies of the agency, the agency shall not be required
to file the F-5 until all administrative remedies have been exhausted.
The
report shall include an explanation of the circumstances under which the individual
resigned, was terminated, or other and one of the following designations:
retired, honorably discharged, dishonorably discharged, generally discharged,
killed in the line of duty, died, or disabled. The agency shall provide the
individual who is the subject of the report a copy of the report. The individual
may submit a petition to the commission to contest the information included
in the report not later than the 30th day after they receive a copy of the
report. They must also submit a copy of the petition to the law enforcement
agency.
(h)
(No change.)
(i)
The effective date of this section is
June 1, 2007.
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on December 18, 2006.
TRD-200606811
Timothy A. Braaten
Executive Director
Texas Commission on Law Enforcement Officer Standards and Education
Earliest possible date of adoption: February 4, 2007
For further information, please call: (512) 936-7717
(32)
] Individual--A human being
who has been born and is or was alive.
(33)
] Jailer--A person employed
or appointed as a jailer under the provisions of the Local Government Code, §85.005,
or Government Code §511.092.
(34)
] Killed in the line of duty--A
Texas peace officer killed as a directly attributed result of a personal injury
sustained in the line of duty.
(35)
] Law--Including, but not
limited to, the constitution or a statute of this state, or the United States;
a written opinion of a court of record; a municipal ordinance; an order of
a county commissioners' court; or a rule authorized by and lawfully adopted
under a statute.
(36)
] Law enforcement academy--A
school operated by a governmental entity that has been licensed by the commission,
which may provide basic licensing courses and continuing education.
(37)
] Law enforcement automobile
for training--A vehicle equipped to meet the requirements of an authorized
emergency vehicle as identified by Transportation Code Secs. 546.003 and 547.702.
(38)
] Lesson plan--Detailed guides
from which an instructor teaches. The plan includes the goals, specific content
and subject matter, performance or learning objectives, references, resources,
and method of evaluating or testing students.
(39)
] License--A license, certificate,
registration, permit, or other form of authorization required by law or a
state agency rule that must be obtained by an individual to engage in a particular
business.
(40)
] Licensee--An individual
holding a license issued by the commission.
(41)
] Line of duty--Any lawful
and reasonable action, which a Texas peace officer is required or authorized
by rule, condition of employment, or law to perform. The term includes an
action by the individual at a social, ceremonial, athletic, or other function
to which the individual is assigned by the individual's employer.
(42)
] Moral character--The propensity
on the part of a person to serve the public of the state in a fair, honest,
and open manner.
(43)
] Officer--A peace officer
or reserve.
(44)
] Patrol rifle--Any magazine-fed
repeating rifle with iron/open sights or with a frame mounted optical enhancing
sighting device, 3 power or less, that is carried by the individual officer
in an official capacity.
(45)
] Peace officer--A person
elected, employed, or appointed as a peace officer under the Code of Criminal
Procedure, Article 2.12, or under other statute.
(46)
] Placed on probation--Has
received an adjudicated, unadjudicated or deferred adjudication probation
for a criminal offense.
(47)
] POST--State or federal agency
with jurisdiction similar to that of the commission, such as a peace officer
standards and training agency.
(48)
] Precision rifle--Any rifle
with a frame mounted optical sighting device greater than 3 power that is
carried by the individual officer in an official capacity.
(49)
] Proprietary training contractor--An
approved training contractor operated for a profit.
(50)
] Public security officer--A
person employed or appointed as an armed security officer by this state or
a political subdivision of this state. The term does not include a security
officer employed by a private security company that contracts with this state
or a political subdivision of this state to provide security services for
the entity.
(51)
] Reactivate--To make a license
issued by the commission active after at least a two-year break in service.
(52)
] Resigned/Terminated--an
explanation of the circumstances under which the individual resigned (retired,
honorably discharged), was terminated (dishonorably discharged, generally
discharged), or other (killed in the line of duty, died, or disabled) in accordance
with §1701.452.
(53)
] Reinstate--To make a license
issued by the commission active after disciplinary action or after expiration
of a license due to failure to obtain required continuing education.
(54)
] Renew--Continuation of an
active license issued by the commission.
(55)
] Reserve--A person appointed
as a reserve law enforcement officer under the provisions of the Local Government
Code, §85.004, §86.012 or §341.012.
(56)
] Self-assessment--Completion
of the commission created process, which gathers information about a training
or education program.
(57)
] SOAH--The State Office of
Administrative Hearings.
(58)
] Successful completion--A
result of:
(59)
] Telecommunicator--A dispatcher
or other emergency communications specialist appointed under or governed by
the provisions of the Occupations Code, Chapter 1701.
(60)
] Texas peace officer--For
the purposes of eligibility for the Texas Peace Officers' Memorial, an individual
who had been elected, employed, or appointed as a peace officer under Texas
law; an individual appointed under Texas law as a reserve peace officer, a
commissioned deputy game warden, or a corrections officer in a municipal,
county, or state penal institution, a federal law enforcement officer or special
agent performing duties in this state, including those officers under Article
2.122, Code of Criminal Procedure, or any other officer authorized by Texas
law.
(61)
] Training coordinator--An
individual, appointed by a commission-recognized training provider, who meets
the requirements of §215.9.
(62)
] Training cycle--A 48-month
period as established by the Commission. Each training cycle is composed of
two contiguous 24-month units.
(63)
] Training hours--Actual classroom
or distance education hours.
(64)
] Training program--An organized
collection of various resources recognized by the commission for providing
preparatory or continuing training. This program includes, but is not limited
to, learning goals and objectives, academic activities and exercises, lesson
plans, exams, skills training, skill assessments, instructional and learning
tools, and training requirements.
(65)
] Training provider--A governmental
body, law enforcement association, alternative delivery trainer, or proprietary
entity credentialed by the commission to provide preparatory or continuing
training for licensees or potential licensees.
(66)
] Verification (verified)--The
confirmation of the correctness, truth, or authenticity of a document, report,
or information by sworn affidavit, oath, or deposition.
June 1, 2006.
]
Chapter 215.
TRAINING AND EDUCATIONAL PROVIDERS AND RELATED MATTERS
completing
an academy;
]
(2)
if the passing rate on a licensing
examination for all attempts for any state fiscal year is less than 70 percent
of the students completing an academy;]
(3)
after January 1, 2005, if
the passing rate on a licensing examination for all attempts for any state
fiscal year is less than 80 percent of the students completing an academy;]
(4)
] if commission required learning
objectives are not taught;
(5)
] if lesson plans for classes
conducted are not on file;
(6)
] if examination and other evaluative
scoring documentation is not on file;
(7)
] if the academy files false
reports to the commission;
(8)
] if the academy makes repeated
errors in reporting;
(9)
] if the academy does not respond
to commission requests for information;
(10)
] if the academy does not comply
with commission rules or other applicable law;
(11)
] if the academy does not achieve
the goals identified in its application for a license;
(12)
] if the academy does not meet
the needs of the officers and law enforcement agencies served; or
(13)
] if the commission has received
sustained complaints or evaluations from students or the law enforcement community
concerning the quality of training or failure to meet training needs for the
service area.
- (3)
] if licensing courses or components are provided;
(1)
for the same reasons in subsection
(a)(1) - (3) for any 3-year period;]
(2)
] if courses are not conducted
in compliance with Higher Education Program Guidelines accepted by the commission;
(3)
] if the commission required
learning objectives are not taught;
(4)
] if the program files false
reports to the commission;
(5)
] if the program makes repeated
errors in reporting;
(6)
] if the program does not respond
to commission requests for information;
(7)
] if the program does not comply
with commission rules or other applicable law;
(8)
] if the program does not achieve
the goals identified in its application for a license or contract;
(9)
] if the program does not meet
the needs of the students and law enforcement agencies served; or
(10)
] if the commission has received
sustained complaints or evaluations from students or the law enforcement community
concerning the quality of education or failure to meet education needs for
the service area.
June 1, 2004.
]
June 1, 2006.
]
Chapter 217.
LICENSING REQUIREMENTS
including, specifically;
]
(A)
under other than honorable
conditions;]
(B)
bad conduct;]
(C)
dishonorable; or]
(D)
any other characterization
of service indicating bad character;]
June 1, 2006.
]
June 1, 2006.
]
Chapter 223.
ENFORCEMENT