[26 Pa.B. 2793]
[Continued from previous Web Page] § 203.34. School inspections.
(a) Frequency of inspections.
(1) An initial inspection will be made of all schools that have applied for certification to conduct basic police training.
(2) The Commission's inspectors will visit and inspect each approved school at least once a year.
(3) Schools shall meet the minimum school standards set forth in § 203.33 (relating to minimum school standards and requirements).
(b) Commission inspectors. For the purpose of school inspections, the following shall constitute a Commission Inspector:
(1) A Commission member.
(2) A full time staff employe so designated by the Executive Director.
(3) Other contractual personnel employed by the Commission to conduct school inspections.
§ 203.35. Emergency suspension of school certification.
If a Commission inspector determines that a condition exists at a school which presents a clear and present danger to the public, students or staff of the school, the inspector, with the approval of the Executive Director, may immediately suspend the school's certification and cause all training to cease. In those situations:
(1) The school may correct the situation or request an administrative hearing as outlined in this chapter.
(2) Schools electing to correct the situation shall notify the Commission in writing by certified mail, return receipt requested, when the correction is complete. The Commission inspector shall re-inspect the facility within 30 days of receipt of notice from the school, except in instances for cause shown.
(3) Notice of results of the reinspection shall verbally be provided to the school by the inspector after the inspection has concluded and in writing within 10 days of the reinspection, except in instances for cause shown.
§ 203.36. Revocation of school certification.
The Commission maintains the right to revoke the certification of a school for one or more of the following reasons:
(1) A Commission determination that excess police training schools exist under § 203.31 (relating to eligibility for school certification).
(2) Failure to comply with the minimum school standards set forth in this chapter.
(3) Submission of a known false or fraudulent document or allowing the submission of known false or fraudulent documents to the Commission.
(4) Subcontracting of police training to another non-certified entity.
(5) Failure to take corrective action after suspension under § 203.35 (relating to emergency suspension of school certification).
(6) Failure to conduct one basic police training course each year the school is certified.
Subchapter D. COURSE REQUIREMENTS Sec.
203.51. Basic police training course curriculum. 203.52. Mandatory in-service training courses. 203.53. Nonmandatory in-service training courses. 203.54. Commission cheating policy. § 203.51. Basic police training course curriculum.
(a) The Commission will set the number of hours required in the basic police training course.
(b) The Commission will reserve the right to determine the course content of each area as needed. The basic police training course curriculum shall include instruction in at least the following areas:
(1) Pennsylvania criminal law.
(2) Pennsylvania Rules of Criminal Procedures.
(3) Pennsylvania Vehicle Code.
(4) Antisocial behavior.
(5) Professional relations.
(6) Physical conditioning.
(7) Human relations skills.
(8) Application of force.
(9) Firearms training.
(10) Patrol Procedures and Operations.
(11) Investigations.
(12) Communications.
(13) Handling violent and dangerous people.
(14) Custody.
(15) First aid and CPR.
(16) Operation of patrol vehicle.
(17) Other subjects the Commission deems necessary.
§ 203.52. Mandatory in-service training courses.
(a) Mandatory in-service training is required of all police officers.
(b) Mandatory in-service training shall consist of continuous in-service requirements and academic in-service requirements.
(1) Continuous in-service requirements shall consist of the following:
(i) Qualify annually on a police firearms course with any firearm, shotgun or rifle authorized for use, including personal weapons carried in lieu of issued weapons or as a second weapon. At no time may a weapon be carried on duty for which an officer is not qualified.
(ii) Maintenance of a first aid and CPR certification issued by the American Red Cross, the American Heart Association, the Department of Health or other agency approved by the Department of Health.
(iii) Other requirements deemed necessary by the Commission.
(2) Academic in-service requirements shall consist of at least 12 hours of annual training as determined yearly by the Commission. The course content and specific hours shall be published in the Commission newsletter.
(c) Mandatory in-service administration shall consist of the following:
(1) Applicants for instructor in the mandatory in-service training program shall meet the requirements of § 203.72(b) (relating to certification requirements).
(2) Each school shall submit a training calendar to the Commission prior to the beginning of each quarter of the calendar year. Included in the calendar shall be: course title, dates of training, time of classes and location.
(3) Maximum class size for mandatory in-service courses shall be established by the Commission.
(4) Mandatory in-service training courses are subject to inspection by a Commission inspector.
(i) Certification of instructors may be withdrawn immediately by a Commission inspector for one or more of the following reasons:
(A) Failing to present the full program.
(B) Teaching improper or incorrect material or not presenting the Commission program.
(C) Cheating.
(D) Inadequate preparation for class.
(E) Being intoxicated in class.
(F) Using inappropriate language.
(G) Any other activity or behavior the Commission Inspector finds to be inappropriate or objectionable.
(ii) Withdrawal of mandatory in-service instructor certification by a Commission inspector will be reviewed by the Commission and the instructor's certification may be subject to revocation by the Commission under § 203.73 (relating to revocation of instructor certification).
(iii) Classes may be suspended immediately during an inspection by a Commission inspector for cause. Costs for classes suspended during an inspection for cause will not be paid by the Commission.
(5) Acceptance into classes for which reimbursement is to be requested from the Commission shall be limited to currently employed police officers and county detectives. No fee will be charged to these individuals for any program paid for by the Commission.
(6) Only examinations prepared by the Commission shall be used to determine successful completion of academic requirements for these courses. Minimum passing scores will be determined by the Commission for each examination.
(7) An individual failing to pass the examination to be administered at the end of a course shall be given the opportunity for an immediate re-examination by the course instructor. The re-examination process shall consist of a review of course objectives, content and course summary, prior to an orally administered re-examination utilizing a different examination from the failed examination. If an individual fails the re-examination, a written notice of failure shall immediately be sent by certified mail, return receipt requested, to the employing municipality. An individual failing both the examination and the re-examination for a course shall be permitted to participate in another offering of the course, if the individual continues to be a currently employed police officer.
(8) The certified school, and the course instructors, shall be held responsible by the Commission for proper administration of in-service training courses, including maintenance of proper examination security.
(9) Newly certified police officers are not required to participate in the mandatory in-service training courses in the year they were certified. Departments are encouraged to have these officers participate in the mandatory in-service training program.
(10) Municipalities may request extensions of time from the Commission for officers unable to complete in-service training enumerated within the time frame. This is accomplished by filing with the Commission a request for the extension, supported by proper justification.
§ 203.53. Nonmandatory in-service training courses.
(a) A political subdivision of the Commonwealth may apply for in-service training grants for the actual expenses of providing nonmandatory in-service training programs to police officers. A political subdivision shall apply for a nonmandatory in-service training grant by filing an application and resolution with the Commission.
(1) A copy of the application and resolution shall be obtained from the Commission.
(2) The Commission will only consider requests for nonmandatory in-service training grants that comply with the following:
(i) All sections of the application shall be completed.
(ii) The application shall be accompanied by a certified copy of the resolution. The resolution shall be adopted by the governing body and shall provide that the political subdivision will adhere to the standards for training established by the Commission while receiving Commonwealth funds under the act and this chapter.
(3) Applications and resolutions shall be filed with the Commission and received at least 45 days prior to the commencement of the proposed training program. The Commission, or its designee, has the discretion to waive the 45-day filing limitation for good cause, but only if the grant request was submitted prior to the commencement of the proposed training program.
(b) Limitations for funding of nonmandatory in-service training programs shall be as follows:
(1) Only courses approved by the Commission will be eligible for nonmandatory in-service training grants.
(i) The Commission has the discretion to approve or disapprove a proposed course, based upon law enforcement requirements.
(ii) Approved courses shall be published in the Commission newsletter.
(2) Courses with less than 12 or more than 40 police officers enrolled will not be approved for nonmandatory in-service training grants. However, at the discretion of the Executive Director or by a majority vote of the In-Service Training Committee, a different minimum or maximum enrollment may be established for a specific course.
(3) Nonmandatory in-service training grant requests will not be approved unless the instructors for the course are approved by the Commission or the In-Service Training Committee.
(4) The Commission will not approve nonmandatory in-service training grant requests for the following:
(i) Firearms qualification.
(ii) Special Weapons and Tactics (SWAT) type training.
(iii) First aid and CPR training.
(c) Nonmandatory in-service training grant requests in the amount of $3,000 or less may be approved by the Commission's In-Service Training Committee. The Committee will be appointed by the Commission chairperson and consist of five Commission members including a designated chairperson of the Committee.
(1) The Committee chairperson has the authority to convene a Committee meeting for reviewing grant requests. The Committee may not act on a grant request unless at least three Committee members are present at the meeting.
(2) The Committee members shall vote to either approve or deny each grant request based on the information presented and the standards established by this chapter. In the case of a tie vote by the Committee, the Commission will make the final determination on the grant request.
(3) The Committee chairperson shall formally report all action taken by the Committee at the next regularly scheduled Commission meeting.
(d) Nonmandatory in-service grant requests in excess of $3,000 may be approved only by the Commission. The In-Service Training Committee shall review every request and make a recommendation to the Commission.
(1) The chairperson of the Committee shall formally report the recommendation of the Committee, including dissenting or minority statements, to the Commission prior to the Commission's final decision on the grant request.
(2) The Commission members shall vote to approve or deny each grant request based on the Committee's recommendations, the information presented and the standards established by this chapter.
(e) The Executive Director shall notify the political subdivision in writing of the Commission's determination concerning the grant request. Notice shall be forwarded to the requesting political subdivision by certified mail, return receipt requested.
§ 203.54. Commission cheating policy.
(a) An individual observed cheating shall be barred from further participation in Commission-required training.
(b) A written notice of the cheating incident will immediately be sent to the individual's employing municipality by the school, with a copy forwarded to the Commission. A copy of the notice will be made available to the individual by the school.
(c) Prior to administering a written examination, the instructors shall inform students taking the examination of the Commission cheating policy.
Subchapter E. INSTRUCTOR CERTIFICATIONS Sec.
203.71. General. 203.72. Certification requirements. 203.73. Revocation of instructor certification. § 203.71. General.
(a) Certifications shall be approved by the Commission and issued by the Executive Director.
(b) Instructor certifications issued under this chapter are for the sole purpose of identifying those qualified to teach in a police training course--basic or mandatory in-service--certified by the Commission.
(c) The instructor application procedure is as follows:
(1) Application for instructor certification shall be made on a form supplied by the Commission. The form may be obtained by writing to the Commission office.
(2) Application for instructor certification shall be submitted by the Director of a school certified by the Commission. Individual instructors may not apply on their own behalf. Applications may be made only for individuals teaching at a certified school.
(3) Documentary proof shall accompany each application verifying satisfaction of all requirements for certification including required degrees. See § 203.72 (relating to certification requirements).
(4) Applicants shall be interviewed by the director of the school at which time the director shall review the supporting documentation to be submitted with the application and the director shall so indicate on the application.
(5) The application shall be notarized.
(6) Applicants may not have been convicted of a disqualifying criminal offense.
§ 203.72. Certification requirements.
(a) Basic police training instructors.
(1) Types. The Commission will certify the following two types of instructors for basic police training:
(i) General instructors. An instructor eligible to teach a course other than first aid, CPR, firearms, physical conditioning, application of force and patrol vehicle operation.
(ii) Special instructors. An instructor eligible to teach first aid, CPR, firearms, physical conditioning, application of force and patrol vehicle operation.
(2) Qualifications.
(i) Attorneys licensed to practice in this Commonwealth or other instructors for topic areas that require professional education or licensure, need not meet the following requirements concerning police experience. In order to obtain certification as a general instructor, an applicant shall satisfy the following requirements:
(A) Successfully complete a Commission approved instructor development course, or possess a teaching certificate issued by the Department of Education, or have full-time employment with academic rank at an accredited college or university.
(B) Have 5 years police experience, or have an associate of arts degree and 4 years police experience, or have a bachelor of arts degree and 3 years police experience. Copies of degrees shall be accompanied by transcripts.
(ii) In order to obtain certification as a special instructor in one of the courses listed in this subparagraph, an applicant shall provide documentation evidencing the special requirements listed for each course:
(A) First aid and CPR. Possess a current instructor certification issued by the American Red Cross, the American Heart Association, the Department of Health or other agency approved by the Department of Health. (40 hour curriculum)
(B) Firearms. Possess a current Police Firearms Instructor rating from the National Rifle Association, the State Police, the Federal Bureau of Investigation, Smith and Wesson Academy, the Philadelphia Police Academy, United States Secret Service or other certification approved by the Commission.
(C) Physical conditioning. Provide documentation of successful completion of an instructor development course and training or education which evidences expertise as a physical conditioning instructor.
(D) Application of force. Provide documentation of successful completion of an instructor development course and training or education which evidences expertise as a defensive tactics instructor.
(E) Patrol vehicle operation. Provide documentation of successful completion of an instructor development course and an instructor's course in emergency vehicle operation or police driver proficiency.
(3) Renewal and lapse of basic police training instructor certification.
(i) Basic police training instructor certification shall be valid for 2 years and each certificate shall contain an expiration date. No instructor will be permitted to teach without a current certificate.
(ii) Renewal of basic police training instructor certification shall be effected automatically by the Commission if the certified instructor has satisfied the following requirements:
(A) Has taught in either a basic training course or a mandatory in-service training course certified by the Commission at least one time during the 2-year period he is certified, as evidenced by the records of a certified school which must be submitted to the Commission on an annual basis.
(B) Maintained current qualifications in the main subject areas for which certification has been granted, and provides documentation of these qualifications to the Commission.
(iii) Failure to satisfy subparagraph (ii) shall prevent renewal of the instructor certification and cause the certification to expire. A lapsed certification cannot be renewed and to regain certification, the school shall submit an application on behalf of the individual as a new instructor.
(b) Mandatory in-service training instructor qualifications. In order to obtain certification as a mandatory in-service training instructor, an applicant shall satisfy the following requirements:
(1) Be employed by a certified basic training academy.
(2) Be certified as a basic police training instructor in the area of instruction the applicant will present or satisfy one of the following:
(i) If not currently a basic police training certified instructor but eligible for certification, an application for certification shall be submitted to the Commission and a temporary certificate obtained. At the discretion of the Executive Director, a temporary certification may be issued which shall be valid for 6 months. Temporary certificates are not renewable.
(ii) When courses are offered in mandatory in-service training that are not available in the basic police training course, the Commission will determine requirements for selections as an instructor in the program.
(3) Attend Commission instructor training programs for the courses in which certification is sought. Application for certification as a basic police training instructor shall be submitted to the Commission prior to attending any instructor training programs.
(4) Other requirements deemed necessary by the Commission.
§ 203.73. Revocation of instructor certification.
The Commission may revoke an instructor certification for one or more of the following reasons:
(1) Conviction of a disqualifying criminal offense.
(2) Conduct which reflects unfavorably upon a certified school or the Commission.
(3) Evidence of inability to instruct, including those conditions enumerated in § 203.52(c)(4)(i) (relating to mandatory in-service training courses).
(4) Knowing falsification of a document submitted to the Commission or submission to the Commission of a document knowing it to be false. False documents include: scores on examinations, grades for a course, classroom hours presented, attendance of participants or other information received directly from the instructor or through a certified school or police department.
(5) Assisting a student to cheat in a Commission training course.
(6) Use of instructor certification for an unauthorized purpose.
(7) Termination for any reason of the instructor by a certified school
(8) Any other condition which the Commission deems of such seriousness as to warrant revocation.
Subchapter F. REIMBURSEMENT OF EXPENSES Sec.
203.81. Basic training. 203.82. Mandatory in-service training. 203.83. Grants for nonmandatory in-service training programs. § 203.81 Basic training.
(a) The Commission will reimburse each political subdivision for allowable tuition and expenses incurred by its police officers while attending certified basic police training, if the political subdivision adheres to the training standards established by the Commission. Application for reimbursement shall be made in the following manner:
(1) A political subdivision shall file an application with the Commission on a form supplied by the Commission within 120 days of the completion of the training.
(i) Requests submitted after 120 days shall be accompanied by a justification for late submission. The Commission will not consider requests for reimbursement received more than 1 year after the completion of the training.
(ii) A separate form shall be submitted for each police officer requesting reimbursement in accordance with this chapter.
(2) Following the political subdivision's annual audit, the head of the political subdivision and the individual performing the audit shall verify the proper expenditure of Commission funds.
(i) Verification shall be provided on a form supplied by the Commission.
(ii) The verification shall be filed with the Commission.
(iii) The political subdivision shall file the form only for fiscal years in which Commission funding was provided.
(b) The political subdivision may request reimbursement for the following:
(1) Sixty percent of the police officer's regular salary while attending a certified basic training course.
(2) Reasonable tuition for the basic police training course.
(i) The Commission must approve the tuition rate prior to reimbursement. Tuition rate approval will require a majority vote of the Commission.
(ii) The Commission will consider the reasonableness of the tuition rate based on the following:
(A) The length of the course.
(B) The instructor salaries.
(C) The facility costs.
(D) The administrative costs.
(E) The supply costs.
(F) The cost-effectiveness of the tuition compared with tuition charged by other institutions.
(iii) The Commision-approved tuition rate shall be the only amount a certified school may charge a participant in the training program.
(iv) A certified basic police training school may not change its tuition rate for a particular course without prior approval from the Commission.
(A) Requests for tuition increases will not be considered by the Commission more than once every 2 years.
(B) Requests for tuition increases shall enumerate all sources of revenue the institution receives.
(C) The Commission will consider any tuition increase requests in conjunction with program changes mandated by the Commission.
(3) The Commission will reimburse reasonable subsistence and lodging costs for police officers who are not commuting to and from the basic police training course. A police officer who is commuting to and from the basic police training course shall only be reimbursed for the cost of lunch.
(4) Reasonable travel expenses are as follows:
(i) The Commission will reimburse for police officers commuting to the basic police training course for the mileage incurred while attending the course.
(ii) Noncommuters are eligible for mileage of one round trip while attending the course.
(iii) Mileage reimbursement, whether for commuters or noncommuters, shall only be allowed to the nearest available certified basic police training school from the police officer's place of employment.
(iv) Travel shall be by the most direct route.
(5) Reasonable living and travel expenses shall be governed by 4 Pa. Code Chapter 40 (relating to travel and subsistence).
(c) Limitations on reimbursement are as follows:
(1) A police officer who has successfully completed a certified basic training course, and for whom reimbursement was claimed or obtained by a political subdivision, may not again be claimed for reimbursement for repeating a basic police training course regardless of employment by another police department.
(2) A police officer who does not successfully complete the certified basic police training course and for whom reimbursement has been claimed or obtained by a political subdivision is not eligible for additional reimbursement while attending a subsequent basic police training course.
(d) If the Commission determines that a request for reimbursement does not meet the requirements of the act and this chapter, the Executive Director will specify in writing and forward to the requesting political subdivision, by certified mail, return receipt requested, the reason upon which the adverse determination is based. The Commission will issue notice of the adverse determination, within 45 days following receipt of the request, except for good cause.
§ 203.82. Mandatory in-service training.
(a) The Commission will reimburse all schools certified by the Commission or other training resources deemed necessary by the Commission only in the form of tuition.
(1) The Commission will establish the tuition for each course considering the following factors: historical training costs; course requirements; and course development costs.
(2) The tuition established by the Commission will be published in the Commission newsletter and remain in effect for the duration of each course.
(3) The tuition established by the Commission for each course shall apply to all schools certified by the Commission and all other training resources deemed necessary by the Commission.
(4) Certified schools or other training resources unable to conduct the required training at the established tuition rate shall have the right to a hearing under Subchapter G (relating to notice and hearings).
(b) The Commission will reimburse schools or other training resources for law enforcement officers authorized by the Commission. Law enforcement officers employed by a law enforcement agency not eligible for reimbursement under the act may attend mandatory in-service training courses after the law enforcement agency pays the tuition to the Commission.
(c) The Commission will only reimburse a school or other training resource for a police officer to attend a course one time. Invoices of police officers who have attended the mandatory in-service training course shall be submitted to the Commission within 30 days of the course's completion.
§ 203.83. Grants for nonmandatory in-service training programs.
(a) The Commission will provide grants only for actual expenses incurred by political subdivisions for providing nonmandatory in-service training programs to police officers within this Commonwealth in accordance with the act and this chapter.
(1) Allowable nonmandatory in-service training expenses shall be limited to the following:
(i) Instructors. Reasonable expenditures, as determined by the Commission.
(ii) Services. Reasonable expenditures for rental and contractual services.
(iii) Supplies. Expenditure for necessary supplies for course instruction not including nonexpendable equipment purchases.
(iv) Administration. Reasonable expenditures for developing and implementing the training program. This expenditure may not exceed 5% of the total grant amount unless otherwise approved by the Commission or in-service training committee. This expenditure may not exceed 10% of the total grant amount.
(2) The Commission has the discretion to approve additional expenditures not explicitly provided for in this chapter. Expenses which are not approved by the Commission shall be borne by the political subdivision providing the training program.
(b) The Commission has the authority to establish the maximum amount of funds which may be granted to each county for providing nonmandatory in-service training to police officers.
(c) The Commission will disburse moneys approved for nonmandatory in-service training grants in the following manner:
(1) The Commission will disburse one half of the grant to the political subdivision within 45 days of the Commission's approval, except for good cause.
(2) In order to receive the remaining grant moneys, the political subdivision shall submit a final audit and course roster to the Commission within 120 days following the conclusion of the training course. Requests for reimbursement will not be considered after 120 days following the conclusion of the training course.
(3) The Commission has the discretion to request an independent audit of the political subdivision to verify its actual nonmandatory training expenditures prior to disbursing the remaining grant amount.
(d) Nonmandatory in-service training grant funds that have been disbursed to a political subdivision in error or as a result of an unauthorized or improper request for reimbursement shall immediately be returned to the Commission. A political subdivision which fails to comply with the Commission's demand for the return of funds in accordance with this subsection shall be ineligible for further funding from the Commission until the funds are returned.
(e) The allocation of grants for nonmandatory in-service training programs shall be contingent upon the availability of funds appropriated for the programs.
Subchapter G. NOTICE AND HEARINGS Sec.
203.101. General. 203.102. Adverse determination. 203.103. Hearing procedures. § 203.101. General.
A notice or hearing required under this chapter will be conducted in accordance with 1 Pa. Code Part II (relating to the General Rules of Administrative Practice and Procedure).
§ 203.102. Adverse determination.
Notices of an adverse determination by the Commission and requests for a hearing shall be as follows:
(1) The Commission will specify in writing and forward to the individual/school by certified mail, return receipt requested, the reasons upon which the adverse determination is based. This notice is required in all cases when the Commission:
(i) Disapproves an application or a reapplication for enrollment in a municipal police officers' training course.
(ii) Disapproves an application for which waiver of training is requested.
(iii) Revokes a previously issued certification under § 203.14 (relating to revocation of certification).
(iv) Disapproves an application for school or course certification.
(v) Revokes a previously issued school certification under § 203.36 (relating to revocation of school certification).
(vi) Disapproves an application for instructor certification.
(vii) Revokes a previously issued instructor certification under § 203.73 (relating to revocation of instructor certification).
(viii) Acts in accordance with the Commission cheating policy.
(ix) Disapproves an application for reimbursement.
(2) An individual school given notice of an adverse determination by the Commission may file a written request for a hearing. Any request for a hearing shall be received by the Commission within 15 days after receipt of the adverse notice.
§ 203.103. Hearing procedures.
(a) When a hearing is requested as a result of any adverse determination by the Commission as enumerated in § 203.101 (relating to general), a hearing shall be scheduled and a notice of the hearing shall be sent to all parties to the proceedings. Hearings shall be held at the Commission in Hershey, Pennsylvania, unless otherwise stipulated by the parties.
(b) A hearing examiner will be appointed by a majority vote of the Commission to preside over an authorized hearing.
(c) Hearings shall be stenographically recorded and a transcript of the record shall be made part of the record.
(d) The parties shall have the right to obtain independent counsel, submit motions and briefs, present evidence and witnesses, object to evidence, cross-examine witnesses and argue their position to the hearing examiner. The hearing examiner is not bound by the technical rules of evidence at the hearing. Rather, all relevant and material evidence with probative value may be admissible at the discretion of the hearing examiner.
(e) Upon request by a party, the Commission will provide subpoenas for the attendance of witnesses or for the production of documentary evidence. Compliance with subpoenas may be excused by the hearing examiner if he determines that the testimony or documents are not relevant or material to the proceedings.
(f) At the conclusion of the proceedings the hearing examiner shall issue a recommendation, findings of fact and conclusions of law.
(1) The Commission will review the hearing examiner's recommendation, findings of fact, and conclusions of law in arriving at a final decision.
(2) The Commission will specify in writing and forward to all the relevant parties by certified mail, return receipt requested, the final decision of the Commission.
[Pa.B. Doc. No. 96-958. Filed for public inspection June 14, 1996, 9:00 a.m.]
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