RULES AND REGULATIONS
Title 37--LAW
MUNICIPAL POLICE OFFICERS' EDUCATION AND TRAINING COMMISSION
[37 PA. CODE CH. 203]
Administration of the Training Program
[36 Pa.B. 5871]
[Saturday, September 23, 2006]The Municipal Police Officers' Education and Training Commission (Commission) amends Chapter 203 (relating to administration of the program) to read as set forth in Annex A.
The Commission amends § 203.11(a)(8) and (11)(ii)(D) (relating to qualifications) to delete the sit and reach test from the physical fitness requirements and to charge applicants who are not employed by, or have a conditional offer of employment from, a police department an examination fee equal to the actual cost of administering the test.
The Commission amends § 203.12(2)(iv) (relating to waiver of training) to allow training waivers for out-of-State police officers only if they have been certified based on an approved basic police course comparable to the one required by 53 Pa.C.S. Chapter 21, Subchapter D (relating to municipal police officers education and training).
The Commission amends § 203.33(a) (relating to minimum school standards and requirements) to require certified schools to have a school director who meets certain standards. The Commission adds § 203.37 (relating to minimum standards for school directors) to set forth these standards.
The Commission also amends § 203.35 (relating to emergency suspension of school certification) to allow the Commission's Executive Director to suspend a school's certification if a condition exists at the school that presents a clear and present danger to the public, students or school staff; would cause the students not to receive training required by 53 Pa.C.S. Chapter 21, Subchapter D or Chapter 203; the school director does not meet the standards in § 203.37; or an instructor is subject to revocation under § 203.73 (relating to revocation of instructor certification).
Finally, the Commission amends § 203.102 (relating to notice) to allow Commission staff, rather than the Commission, to provide individuals and schools with notice of an adverse action.
Statutory Authority
This rulemaking is adopted under 53 Pa.C.S. § 2164 (1), (8) and (14) (relating to powers and duties of commission).
Effect
The final-form rulemaking affects recruits, out-of-State police officers seeking training waivers and certified schools.
Effective Date/Sunset Date
The final-form rulemaking will go into effect upon final-form publication in the Pennsylvania Bulletin. The regulations are continually monitored and updated as needed. Therefore, no sunset date has been set.
Comments and Responses
The Commission received no comments from the House Judiciary Committee or the Senate Law and Justice Committee.
The Pennsylvania Sheriffs Association contends the Commission should amend its regulations to allow deputy sheriffs to obtain a training waiver if they have completed training required by section 7 of the Deputy Sheriffs' Education and Training Act (71 P. S. § 2107). The Commission has rejected that suggestion because the deputy sheriffs' training course is not the equivalent of the training required by 53 Pa.C.S. Chapter 21, Sub- chapter D. More importantly, the training waiver in § 203.12(2)(iv) is for individuals who have already been employed as full-time police officers. As the Supreme Court of Pennsylvania recently acknowledged in Kopko v. Miller, No. 38 MAP 2004 (filed February 28, 2006), deputy sheriffs are not police officers and do not have general police powers.
The Commission also received comments from the Independent Regulatory Review Commission (IRRC). First, IRRC noted that the Commission is deleting provisions in § 203.35 that allowed schools to correct conditions leading to an emergency suspension. IRRC suggested the final-form rulemaking should specify the procedures for a school to undertake to correct violations as well as reinspection procedures. The Commission has considered and rejected this suggestion. The Commission will not impose an emergency suspension absent a serious violation likely to result in a major penalty or decertification of the school. For that reason, the suspension will remain in place until a hearing has been held.
Next, IRRC suggested that § 203.37 include a grandfathering provision or establish a time frame for school directors to demonstrate compliance. The Commission has added grandfathering language. IRRC also found the requirement in § 203.37(4) vague. The Commission has replaced that provision with a requirement of 2 years experience as a police or adult education instructor.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on October 3, 2005, the Commission submitted a copy of the notice of proposed rulemaking, published at 35 Pa.B. 5690 (October 15, 2005), to 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 Department has considered all comments from IRRC, the House and Senate Committees and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on August 9, 2006, the final-form rulemaking was approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, the final-form rulemaking was approved by IRRC August 10, 2006.
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 final-form rulemaking (that is, large print, audio tape or Braille), may contact Syndi L. Guido to make the necessary arrangements.
Fiscal Impact
In the past, the certification examination was only administered to individuals who had already been hired as police officers. Under this final-form rulemaking, everyone who completes training is eligible to take the certification examination. However, individuals who have not been hired as police officers must pay to take the examination. The final-form rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions.
Paperwork Requirements
The final-form rulemaking will create no new paperwork requirements but will require the processing of more certification examinations.
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 as required by law and all comments were considered and forwarded to IRRC, the House and Senate Committees.
(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 23, are amended by amending §§ 203.1, 203.11, 203.12, 203.33, 203.35 and 203.102 to read as set forth at 35 Pa.B. 5690 and by adding § 203.37 to read as set forth in Annex A.
(b) The Commission will submit this order, 35 Pa.B. 5690 and Annex A 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, 35 Pa.B. 5690 and Annex A 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 36 Pa.B. 4801 (August 26, 2006).)
Fiscal Note: Fiscal Note 17-68 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 37. LAW
PART IV. MUNICIPAL POLICE OFFICERS' EDUCATION AND TRAINING COMMISSION
Subpart A. MUNICIPAL POLICE OFFICERS' TRAINING PROGRAM
CHAPTER 203. ADMINISTRATION OF THE TRAINING PROGRAM
Subchapter C. SCHOOL REQUIREMENTS § 203.37. Minimum standards for school directors.
(a) After September 23, 2006, school directors shall meet the minimum standards set forth in this section.
(b) School directors approved by the Commission shall demonstrate compliance with at least one standard set forth in paragraph (1) and at least one standard set forth in paragraph (2).
(1) School directors shall satisfy one of the following requirements:
(i) Possess an associate's or higher degree in criminal justice, public administration, education or related field.
(ii) Be a graduate of one of the following:
(A) The Federal Bureau of Investigation National Academy.
(B) The Southern Police Institute Administrative Officers Course.
(C) The Law Enforcement Instructor Training Course of the Federal Law Enforcement Training Center.
(D) The Northwestern University Staff and Command School.
(E) Other law enforcement training program approved by the Commission.
(2) School directors shall satisfy one of the following minimum professional experience requirements:
(i) Ten years in law enforcement, including 5 years at an administrative level.
(ii) Fifteen years increasingly responsible full-time experience as a Federal, State or municipal police officer with general police powers.
(c) School directors shall be free of convictions for a disqualifying criminal offense.
(d) School directors shall possess at least 2 years experience as a police or adult education instructor.
[Pa.B. Doc. No. 06-1863. Filed for public inspection September 22, 2006, 9:00 a.m.]
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