RULES AND REGULATIONS
Title 37--LAW
MUNICIPAL POLICE OFFICERS' EDUCATION
AND TRAINING COMMISSION
[37 PA. CODE CH. 203]
Administration of the Training Program
[33 Pa.B. 6046] The Municipal Police Officers' Education and Training Commission (Commission) amends Chapter 203 (relating to administration of the program).
The Commission amends § 203.11(a)(5) and (8) (relating to qualifications) to include a ninth grade reading requirement and a physical fitness evaluation.
The Commission amends § 203.12(4) (relating to waiver of training) to limit a waiver candidate to three attempts at passing the Commission's certification examination. After the third failure, the candidate shall retake and pass the entire basic training course before being eligible for certification. This amendment will ensure that a waiver candidate has current training by limiting the amount of times that the certification examination can be taken.
The Commission amends § 203.33(a)(14) (relating to minimum school standards and requirements) to allow certified schools to use indoor ranges and to insure that the ranges are able to handle the required training.
The Commission also amends § 203.54 (relating to Commission cheating policy) to define and clarify the actions that will constitute cheating and to make clear that anyone found guilty of cheating will be ineligible for certification.
The purpose of the final-form rulemaking is to clarify and correct various aspects of the existing regulations.
Statutory Authority
The final-form rulemaking is authorized by 53 Pa.C.S. § 2164(1), (8) and (14) (relating to duties and powers of commission).
Effect
The final-form rulemaking will primarily affect recruits. Recruits will have to pass a physical fitness assessment and pass a ninth grade reading test before they can become eligible for training.
The final-form rulemaking will impact persons seeking waivers of training, since they will have only three opportunities to successfully pass the certification examination. After the third failure, the waiver candidate shall retake and pass the basic training course to become eligible for certification.
Both recruits and veteran police officers will be affected by the new cheating policy. The impact of the new cheating policy is to put individuals and schools on notice as to what will be considered cheating on an official Commission sponsored examination. This final-form rulemaking will allow the schools and the students to more readily detect and curb cheating and it establishes a more uniform policy.
Allowing certified schools to use indoor ranges will offer more flexibility to the schools. However, the indoor and outdoor ranges must be able to safely accommodate all of the required training.
Effective Date/Sunset Date
The final-form rulemaking will go into effect upon publication in the Pennsylvania Bulletin. The regulations are continually monitored and updated as needed. Therefore, no sunset date has been set.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on February 24, 2003, the Commission submitted a copy of the notice of proposed rulemaking, published at 33 Pa.B. 1246 (March 8, 2003), to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House Judiciary Committee and Senate Law and Justice Committee for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC and the Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Commission has considered all comments from IRRC, the House and Senate Committees and the public.
The final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5(g) of the Regulatory Review Act, the final-form rulemaking was deemed approved by IRRC effective September 11, 2003.
Contact Person
For further information on the final-form rulemaking, contact Syndi L. Guido, Policy Director, Pennsylvania State Police, 1800 Elmerton Avenue, Harrisburg, PA 17110, (717) 772-0905. Persons with a disability who require an alternative format of this document (for example, large print, audio tape or Braille) should contact Syndi L. Guido to make necessary arrangements.
Fiscal Impact
The final-form rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions and will impose no new costs on the general public or private sector.
Paperwork Requirements
The final-form rulemaking will not increase paperwork and will create no new paperwork requirements.
Findings
The Commission finds that:
(1) Public notice of intention to adopt these amendments has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided and no comments were received.
(3) The adoption of this final-form rulemaking in the manner provided in this order is necessary and appropriate for administration and enforcement of the authorizing statute.
Order
The Commission, acting under the authorizing statutes, orders that:
(a) The regulations of the Commission, 37 Pa. Code Chapter 203, are amended by amending §§ 203.11, 203.12, 203.33 and 203.54 to read as set forth at 33 Pa.B. 1246.
(b) The Commission will submit this order and 33 Pa.B. 1246 to the Office of General Counsel and Office of Attorney General as required by law for approval as to form and legality.
(c) The Commission shall certify this order and 33 Pa.B. 1246 and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect immediately upon publication in the Pennsylvania Bulletin.
COL. JEFFREY B. MILLER,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 33 Pa.B. 4865 (September 27, 2003).)
Fiscal Note: Fiscal Note 17-63 remains valid for the final adoption of the subject regulations.
[Pa.B. Doc. No. 03-2356. Filed for public inspection December 12, 2003, 9:00 a.m.]
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