PROPOSED RULEMAKING
MUNICIPAL POLICE OFFICERS' EDUCATION AND TRAINING COMMISSION
[ 37 PA. CODE CH. 203 ]
Municipal Police Education and Training Act
[50 Pa.B. 5733]
[Saturday, October 17, 2020]The Municipal Police Officers Education and Training Commission (Commission) proposes to revise the regulations in Chapter 203, Subchapters A—G, in their entirety, which implement 53 Pa.C.S. § 2164(14) (relating to powers and duties of commission). This proposed rulemaking will read as set forth in Annex A. The reasons for this comprehensive revision are as set forth as follows.
Due to the extensive changes in this omnibus revision, Chapter 203 is proposed to be rescinded and the content will be listed under proposed Chapter 203a (relating to administration of the Program).
Effective Date
This proposed rulemaking will be effective upon publication of the final-form rulemaking in the Pennsylvania Bulletin.
Statutory Authority
This proposed rulemaking is authorized under 53 Pa.C.S. Chapter 21, Subchapter D (relating to municipal police education and training).
Background and Need for the Amendment
The Commission was established in 1974. The Commission currently consists of 20 statutorily designated Commissioners appointed by various entities. The Commissioner of the State Police is the Chairperson of the Commission and both enlisted and civilian personnel under the Commissioner's supervision provide the staff necessary to carry out the daily operations of the Commission.
The Commission's primary responsibility is to set the training and eligibility requirements for prospective and current police officers covered under 53 Pa.C.S. Chapter 21, Subchapter D. To accomplish this, the Commission regulates and certifies police academies and police training instructors, who teach Commission-mandated curriculums in ''basic police training'' and ''in-service training.'' Basic police training is the training received while in the police academy. In-service training is the required annual updates that an officer must complete to keep their certification active. When a prospective police officer has successfully completed the training, and is employed by a police department, the police officer applies to the Commission for certification, and must demonstrate completion of appropriate training, psychological and physical fitness for duty, and completion of firearms and lifesaving qualifications. These requirements are set forth in Chapter 203, Subchapter B. A police officer cannot enforce the laws of the Commonwealth or carry a firearm until the police officer is so certified. See 53 Pa.C.S. § 2167(a) (relating to police training). The Commission thus provides uniform standards for the more than 22,000 police officers who are employed by approximately 1,100 diverse police departments throughout this Commonwealth. The Commission also regulates police academies, curriculum and instructors in Chapter 203, Subchapters C—E, and handles grant allocations as well in Chapter 203, Subchapter F.
Currently, Chapter 203 governs the administration of the Commission. The last major revision to these Commission regulations occurred in 1996. After conducting an exhaustive review and analysis of the current regulations, the Commission has determined that many definitions, key policies and procedures, and criteria related to certification of officers, certification of schools which train officers and course requirements, must be amended to reflect Commission-approved policy changes and statutory changes which touch upon these issues.
Revisions were prompted by a need for updating and providing greater specificity and clarity in many areas within the scope of the Commission's authority. Revisions were also made to provide greater flexibility regarding revisions to 53 Pa.C.S. Chapter 21, Subchapter D and ever-changing climate of police training. Finally, these revisions are reflective of the addition of pre-service applicants (those individuals who have not yet been hired by a police department, but are seeking training to become a police officer) to those who may attend basic police training.
These changes were drafted over an extended working period and feedback from the regulated community was sought. The draft regulations were provided to the Fraternal Order of Police and Pennsylvania Chiefs' of Police Association for review and comment. These two groups respectively represent the majority of both line officers in the field, as well as the police executives who command them. Commission staff spoke to and met with these groups personally; their comments and concerns were reviewed and, where appropriate, changes were considered and made to this proposed rulemaking. The regulations were also provided to the directors of certified police training schools for their review and comment, which was also considered and integrated where appropriate. These preliminary reviews and comments to the Commission staff ensured the regulated community was involved from the beginning stages and were aware of the significant proposed changes and revisions.
Description of the Proposed Rulemaking
As previously mentioned, due to the extensive changes in this omnibus revision, Chapter 203 will be rescinded and the content will be listed under proposed Chapter 203a. Although each section is renumbered in this conversion (that is, § 203.1 becomes § 203a.1), in general the topic of each section remains the same in this conversion.
Subchapter A—General
In Subchapter A (relating to general), § 203a.1 (relating to definitions), existing definitions are updated to reflect updated policy and to be consistent with substantive changes made to other subchapters. New definitions are created for the following terms: ''Certified firearms instructor,'' ''Change-of-Status Notice,'' ''Cheating,'' ''Chief,'' ''Command Level,'' ''Document,'' ''Essential Job Functions of a Police Officer,'' ''Federal Law Enforcement Officer,'' ''Firearm,'' ''Good Standing,'' ''LIVESCAN,'' ''Military Police Officer,'' ''Other Qualified Medical Professional,'' ''Signature'' and ''Suspension.'' The significance of these new terms is explained as follows in the corresponding applicable subchapters.
Subchapter B—Police Officer Certification Requirements
Subchapter B (relating to police officer certification requirements), which governs Police Officer Certification, is significantly restructured and modified by the Commission. First, § 203.11 for police officers seeking Commission certification is revised. This section now relates to all persons applying for entry to a Commission-certified school (hired or pre-service) or who are returning to basic training after an absence. See § 203a.11 (relating to qualifications for attending basic training at Commission-certified schools).
Due to restrictions related to firearms possession, applicants cannot be subject to an active temporary or final Protection from Abuse order from the Commonwealth or another jurisdiction. Similarly, the term ''disqualifying criminal offenses'' is changed to ''disqualifying offenses'' in § 203a.1, and is expanded to preclude an applicant from not only being convicted of a criminal offense punishable by more than 1 year, but also subject to any of the following: an offense under the Uniform Code of Military Justice that resulted in a bad conduct or dishonorable discharge; a conviction or adjudication as a juvenile that would preclude possession or control of a firearm; a finding of mental incompetence or incapacity, involuntary commitment, or other mental health treatment or status that prohibits possession or control of a firearm; or a conviction or adjudication as a juvenile that requires registration as a sex offender under the Commonwealth's or other state's Megan's Law statutes. See § 203a.11(4).
The minimum required reading level is raised from 9th to 11th grade, and while the Nelson-Denny Reading Test is retained as the standard, the regulation is proposed to be amended to allow the Commission to approve another test and publish the alternative standards in the Pennsylvania Bulletin. See § 203a.11(5). The reading level was adjusted because of a statistical analysis and input of subject matter experts regarding the essential tasks of the position of municipal police officer (Job Task Analysis).1
A physical examination continues to be required, under § 203a.11(6), but certain conditions are changed. Language throughout this section referring to the ability to perform ''the duties of a police officer'' is changed to the preferred phrase ''the essential job functions of a police officer,'' which is now specifically defined in § 203a.1. Applicants must be free from addictive drugs or excessive use of not only alcohol but also prescription medication. See § 203a.11(6)(i). The use of illegal drugs is not only a concern due to its legality, but also because it is a potential firearms prohibitor. It is clarified that illegal drugs cannot be used for 1 year prior to application and a drug screening will be conducted using laboratory testing procedures required by the Commission. See § 203a.11(6)(ii). Language prohibiting ''any debilitating conditions such as tremor, incoordination, convulsion, fainting episodes or other neurological conditions'' is more appropriately worded to prohibit ''any debilitating neurological or medical conditions'' which may affect the applicant's ability to perform the essential job functions of a police officer. See §§ 203a.1 and 203a.11(6)(iv). The audio acuity test is amended in § 203a.11(6)(vi) and replaced with an updated and more objective standard, based on a recommendation in the Job Task Analysis. The visual acuity test is moved to subparagraph (v) and restated. Many members of the regulated community participated in the Job Task Analysis and the Fraternal Order of Police and the Pennsylvania Chiefs' of Police Association saw the regulation with a same/similar version of the proposed changes.
To ensure that results of an applicant's physical fitness testing do not become stale, the results will only be valid for 6 months after an applicant successfully passes the testing battery. See § 203a.11(8). A bench press requirement is replaced with a 1-minute push-up requirement, as recommended by the recent Job Task Analysis. Moreover, this change makes it possible for the physical fitness testing battery to be accomplished without the need for weight lifting equipment.
The current language of § 203.11(a)(10), which requires the applicant to undergo several checks through their employing police department (that is, criminal history check, credit history check, interviews with at least three references, interviews with former employers for past 5 years and a driving record check verifying that applicants have a valid driver's license), is proposed to be deleted in favor of two proposed subsections. The first proposed subsection requires that the applicant possess a valid driver's license. See § 203a.11(9). The second proposed subsection requires that the applicant, at their own expense (since the applicant is not yet fully employed as a police officer), provide Federal Bureau of Investigation and Pennsylvania criminal record checks and a driving history check from all states in which the applicant has been licensed for the past 10 years. See § 203a.11(10). Given that police departments must conduct their own thorough background investigation of the applicant under proposed § 203a.13(a) (relating to certification as a municipal police officer), it was deemed unnecessary and duplicative to include the other aspects of an applicant's background check into the Commission certification process.
Applicants who are returning to a basic police training program after more than a 30-day absence may simply provide an affidavit attesting that there were no changes to their criminal history instead of requesting and paying for new criminal history checks. Applicants who are arrested for a disqualifying offense during an absence must submit new criminal history checks and a driving history check before being readmitted to the training program. Applicants who are convicted of a disqualifying offense during an absence may not be readmitted.
The current language of § 203.11(a)(11), requiring the successful completion of a basic police training course or obtaining a waiver of training as specified in § 203.12, is proposed to be deleted and is renamed and integrated more appropriately into corresponding proposed § 203a.12 (relating to training requirements).
Proposed § 203a.12 is modified so that it relates to the training requirements for certification, and not only to waiver of the training requirements. As such, the proposed section also incorporates the existing § 203.11(a)(11), with modifications. Applicants are still required to successfully complete a basic police training course given at a Commission-certified school or obtain a waiver of training from the Commission. See § 203a.12(a). Successful completion of the course will continue to be determined by the Commission-certified school, in accordance with Commission standards.
Applicants are still required to complete 100% of all instructional hours, see § 203a.12(b)(2); under prior § 203.11(a)(11) they were required to ''attend 100% of all classes.'' The policy regarding excused absences is proposed to be amended, clarifying that they must be mutually agreed upon by the police officer's chief (as defined in § 203a.1) and the school director, or the school director alone if the applicant is not employed as a police officer. Applicants are responsible for all course content and testing missed due to the excused absences. See § 203a.12(b)(2)(i) and (ii). A restriction on the reasons for excused absences is proposed to be deleted, leaving this to the sound discretion of the applicant's chief and the school director.
Like the existing regulation in § 203.11(a)(11), § 203a.12(b)(3) allows the Commission to establish and adjust minimum grades for various testing areas of the basic police training course, which will be published in the Pennsylvania Bulletin. Furthermore, subsections (i) and (ii) provide for the same procedures for applicants who fail one or more examinations in testable areas.
A requirement is proposed to be added in § 203a.12(b)(4)(i), mandating that applicants achieve a minimum qualifying firearms score of 75% based upon standards which are determined by the Commission and published in the Pennsylvania Bulletin. While the 75% standard is contained within the previous regulations, the additional language provides the Commission the ability to regulate the police firearms training course to be consistent with generally accepted practices in police firearms qualification.
Finally, similar to the existing regulation of § 203.11(a)(11), proposed § 203a.12(b)(4)(ii) mandates that applicants receive certifications in cardiopulmonary resuscitation (CPR) for the Professional Rescuer, with an Automated External Defibrillator (AED), and first aid through an approved regulatory agency.
Proposed § 203a.12(c) contains the provisions regarding waiver of basic police training. Recognizing that applicants may not be given full employment status until certification is received, a change is made from the current regulation so that an applicant needs to simply have a conditional offer of employment as a police officer from a police department to obtain a waiver for the training, in addition to full employment. See § 203a.12(c)(1). Refinements are made to the existing conditions of waiver, including the addition of a 10-year time frame for leaving employment ''in good standing'' as a State Police Trooper, or as a Commission-certified police officer, or as an out-of-State police officer who was employed full-time for at least 1 year. See § 203a.12(c)(2)(i)—(iii). The Commission mandates the full-time requirement for out-of-State officers to ensure that they do not bypass basic police training under 53 Pa.C.S. Chapter 21, Subchapter D by going to an academy in another state, and to ensure they are not employed in a capacity such as an auxiliary officer, as contained therein. The Commission is imposing the 10-year time requirement to ensure that a police officer's training and experience has not become stale after being absent from the profession for 10 or more years. The Commission deems that this 10-year period is reasonable based upon changes occurring to the curriculum every decade, based upon the results of a recurrent Job Task Analysis. The term ''good standing'' is defined in § 203a.1, as the lack of a current definition has led to uncertainty and a lack of continuity in its application; a determination of ''good standing'' is the responsibility of the employing municipalities, jurisdictions, Federal agencies or certified schools, and will be certified by the Commission. See § 203a.12(f).
A provision is proposed to be added that allows Commission discretion to require that an applicant take all or portions of the current certification period's Mandatory In-Service Training (discussed as follows) to qualify for a waiver of training in case this is deemed necessary. See § 203a.12(c)(3). Moreover, while applicants must continue to provide proof that they satisfactorily qualified on a police firearms course, a 12-month window is added to ensure that officers who seek a waiver of training are current on their firearms proficiency. See § 203a.12(c)(4)(i). Requirements for a police firearms course, and for certified firearms instructors, will now be published in the Pennsylvania Bulletin. Furthermore, applicants for a waiver must also have a current, valid certification in CPR for professional rescuer with an AED component, as well as for first aid. See § 203a.12(c)(4)(ii). AEDs are now common and readily located within public venues, so this training in now mandated by the Commission.
The regulation is also proposed to be amended to allow former Federal law enforcement officers and military police officers to apply for a partial waiver of training. These proposed amendments are in response to the amendment of 53 Pa.C.S. § 2164 in 2012. Those Federal law enforcement officers who left their agency in good standing within 10 years, see § 203a.12(d)(1), and military police officers who were honorably discharged in the previous 10 years, see § 203a.12(d)(2), are eligible. The Commission is required to notify applicants in writing of its decision regarding which portions of the basic police training may be waived. See § 203a.12(d)(3). The Commission reserves the right to require applicants to undergo all required training, with good cause, based upon a review of the applicant's training and work history. See § 203a.12(e).
A requirement that applicants for a waiver take and pass the patrol vehicle operation test as required in the basic police training course is proposed to be deleted, given that training and on-the-job experience may be recognized by the Commission instead of taking the patrol vehicle operations test. In all instances, the Commission may still require additional training based upon the training and work history of an applicant, as deemed appropriate by the Executive Director.
The existing language of § 203.13, regarding certification as a municipal police officer, is proposed to be amended by language which is far more specific and detailed, including a series of items that applicants must complete before they can be issued a certification as described in the existing regulation. Applicants must be compliant with enumerated § 203a.11, see § 203a.13(a)(1) (relating to certification as a municipal police officer); be subject to a thorough background check conducted by the employing police department regardless of any previously conducted check that was completed, see § 203a.13(a)(2); and take and pass the certification examination administered by the Commission. The certification test is currently required under existing regulations in §§ 203.11 and 203.12 regarding applicants and waiver applicants, but it is moved to proposed § 203a.13 to apply to both types of applicants for certification. Several provisions are proposed to be added with respect to the certification examination.
The examination schedule will be posted on the Commission's web site. See § 203a.13(a)(4). The results will be valid if the officer maintains certification or for a maximum of 2 years after the officer's certification lapses or the officer is suspended. See § 203a.13(a)(4)(i). Individuals re-applying for certification after a revocation of certification must retake and pass the examination. See § 203a.13(a)(4)(i). If an applicant fails the examination after three attempts within 2 years of the first attempt or within 10 years of the completion of the basic police training course, the applicant will be required to take and pass the entire basic police training course to qualify for certification. See § 203a.13(a)(4). Individuals who are not currently employed by a police department or who do not have a conditional offer of employment from a police department, must pay the cost of the examination, equal to the cost of administering the test, which shall be determined by the Commission. See § 203a.13(a)(4)(ii) and (iii).
For consistency and administrative efficiency, the current 2-year initial certification period has been changed. Initial certification will be valid for no more than 2 years, expiring on June 30th of the odd-numbered calendar year after it was issued. See § 203a.13(a)(5). The Commission will continue to provide written or electronic documentation evidencing certification to the applicant's employing police department. See § 203a.13(a)(5). As currently provided, the certification will only be valid in the department identified in the certification documentation and will become void upon the applicant's suspension or termination from employment. See § 203a.13(a)(6).
A provision is proposed to be added that allows the Commission to issue a temporary certification pend- ing the Commission's approval of a candidate. See § 203a.13(b).
The current regulation merely provides that a certification shall be renewed every 2 years, and while this provision is retained, the Commission fleshes out the renewal process and requirements in this proposed rulemaking. Renewal certificates will only be issued to police officers who have satisfied the mandatory in-service training requirements set forth in § 203a.52 (relating to mandatory in-service training courses). See § 203a.13(c)(1) and (2). The Commission must receive a list of officers who successfully completed the trainings. See § 203a.13(c)(1). The officer's chief must maintain and allow for the Commission's inspection, copies of all documents related to the officer's certification for a minimum of the two most recent recertification periods. See § 203a.13(c)(3).
The Commission proposes to add a provision allowing for an inactive status of a police officer's certification in one of two situations: the officer leaves employment with a police department in good standing and is not employed as a police officer elsewhere; or the officer fails to complete the mandatory in-service training requirements set forth in § 203a.52 (unless an extension has been requested). See § 203a.13(d)(1). An inactive certification may be reinstated within the 2-year period immediately following the date on which certification expires or the date of separation from employment. See § 203a.13(d)(2).
Every applicant for certification or recertification must be free from a disqualifying offense (defined supra) and remain eligible to possess firearms under State and Federal law. See § 203a.13(e).
The current language of § 203.14, regarding revocation of certification, is proposed to be amended in § 203a.14 (relating to suspension or revocation of certification) to reflect Commission statutory and policy changes in such matters. Most significantly, the section is proposed to be amended to allow the Commission to not only revoke, but also suspend, a certification under the same conditions but with fact patterns which do not necessarily merit revocation, but rather an intermediate form of corrective action. With few exceptions, this proposed rulemaking has the same criteria as the existing regulations, with word choice changes for consistency with other sections. See § 203a.14(a). While failure to complete annual mandatory in-service training is retained as one of the criteria to suspend or revoke certification, this proposed rulemaking would permit the Commission to approve additional time to allow the officer to comply with this requirement, consistent with existing § 203.14(c), proposed to be deleted as redundant. See § 203a.14(a)(4). Furthermore, while having a physical, psychological or other condition rendering the officer unable to perform the essential job functions of a police officer is retained as one of the criteria upon which the Commission may suspend or revoke certification, a provision is proposed to be added allowing the Commission to require the applicant to provide additional medical information or submit to a medical or psychological examination, at the police department's expense; failure to comply with a directive would result in the immediate suspension of the officer's certification until they are compliant. See § 203a.14(a)(5). Finally, two new criteria are proposed to be added for suspending or revoking certification: ineligibility to possess firearms under Federal or State law, and committing any other act or omission that violates the rules set forth in Subchapter B of this proposed rulemaking. See § 203a.14(a)(10) and (11).
Existing § 203.14(b), regarding a police department's duty to provide documentation to the Commission related to certification, is replaced with new language that simplifies this obligation. See § 203a.14(b). The applicant's chief is now merely required to provide written notification to the Commission when the applicant meets any of the criteria listed in § 203a.14(a) regarding suspension or revocation of certification.
Proposed subsection 203a.14(c) is proposed to be added, allowing an officer to voluntarily surrender their certification instead of suspension or revocation. The Executive Director of the Commission is authorized to accept the officer's voluntary surrender of certification under terms and conditions deemed appropriate.
Existing § 203.15, regarding application packet submission, is proposed to be amended. Forms must be submitted in a manner determined by the Commission, and may now contain an electronic signature. See § 203a.15(a) (relating to application packet submission). Requirements of application forms, under § 203.15(b) are proposed to be amended as follows:
• Existing § 203.15(b)(2) is proposed to be amended by deleting an unnecessary subsection (the ability to process fingerprints by electronic means renders the subsection obsolete) and allowing fingerprint cards to be electronically submitted through ''LIVESCAN'' (a term which is defined in proposed § 203a.1). See § 203a.15(b)(2).
• Existing § 203.15(b)(3) is proposed to be amended by deleting an unnecessary subsection (the term ''physician'' is already defined in proposed § 203a.1), clarifying that the physical examination form should be signed by the physician, or other qualified medical professional, who conducted the examination, requiring that the form be submitted to the Commission and the chief of the officer's employing police department, and allowing the results of the physical examination shall be valid for a period not to exceed 2 years. See § 203a.15(b)(3). The physical examination form will not be required if the applicant qualified for a waiver under § 203a.12(c)(2)(i) if the application is submitted within 2 years of the applicant's separation from employment as a police officer. Based upon conversations with medical professionals, a physical or psychological examination is only invalidated by a significant change to the individual's status, that is, an injury, accident or psychological trauma. As this proposed rulemaking provides for an examination anytime, before or after certification and upon reasonable cause, the extension to 2 years was deemed reasonable. For the same reasons, the 2-year period and other similar changes have been uniformly provided for in § 203a.15(b)(4)—(6).
• Paragraphs (4) and (5) are proposed to be added to § 203a.15(b) requiring that a physician's documentatin related to the applicant's audio decibel test and visual acuity test are submitted to the Commission, with the same exemption for applicants qualifying for a waiver under § 203a.12(c)(2)(i).
• The existing subsection pertaining to providing the psychological form is renumbered to § 203a.15(b)(6) due to the additions of the previously-referenced proposed subsections, and is proposed to be amended to be consistent as noted previously.
• Paragraph (7) is proposed to be added to § 203a.15(b) which requires applicants to certify whether they have taken a physical or psychological evaluation in conjunction with an employment application for a police officer within the previous year and provide the results.
Existing § 203.15(c) is proposed to be amended to require that the application be submitted and signed by the applicant's chief. If the chief is the applicant for certification, then it shall be submitted and signed by the chief's supervisor. See § 203a.15(c).
Finally, § 203a.16 (relating to additional medical review) is proposed to be added to Subchapter B. This section allows the Commission to, at any time prior to certification, require an individual to provide additional medical documentation or submit to examination by a medical, psychological or other appropriate expert selected by the Commission, if reasonable cause exists to believe that the individual does not meet any of the requirements of the subchapter. This serves to allow the Commission to extend the validity period of medical and psychological examinations, while providing a clear mechanism for independent medical review to occur whenever needed.
Subchapter C—School Requirements
Subchapter C (relating to school requirements) addresses requirements for those schools that are authorized to train police officers under the auspices of the Commission.
Currently existing § 203.31, regarding eligibility for school certification, is proposed to be amended. A new subsection is proposed to be added to § 203a.31(a) (relating to eligibility for school certification) which affords the Commission the ability to consider an additional factor in evaluating the need for additional police training schools: the number of graduates obtaining employment within the specified geographic area of each Commission-certified school. This was deemed necessary to manage the number of certified schools, based upon the needs of the law enforcement population, job availability and other relevant factors, should the need arise.
Two provisions are proposed to be added which require schools to hire a school director or identify an interim school director meeting the requirements of § 203a.33(a)(2) (relating to minimum school standards and requirements), and require schools with multiple teaching sites to appoint an onsite coordinator, approved by the Commission, to oversee the daily operation of the site in the absence of the school director. Existing § 203.31(b) is proposed to be amended as § 203a.31(d) and is proposed to be amended by resetting the base year from 1994 to 2014 for the Commission to determine whether new schools are necessary.
The title of existing § 203.32 is shortened from ''Initial school certification procedure'' to ''School certification'' to more accurately reflect the content of the section. See § 203a.32 (relating to school certification). Proposed subsection (a) of § 203a.32 adds a provision that if the Commission determines that new certified schools are necessary, it may limit applications to those located in a specific geographic area where a new school is needed most. Minor consistency changes are made to § 203a.32(b)—(d) regarding the procedures to be used for applying for school certification. Proposed subsection (c)(3) of § 203a.32 adds a provision that the Commission may limit those schools to receive certification to those necessary and best qualified to support the police population within a specific geographic area.
The current language of § 203.33, regarding minimum school standards and requirements, is proposed to be amended significantly by updating antiquated provisions and making them current with existing Commission policy. Only technical proposed amendments are made to § 203a.33(a)(1).
Proposed subsection (a)(2) of § 203a.33 adds the standards necessary for school directors, who must be approved by the Commission. The language is based on, and restructured from, existing § 203.37, which is proposed to be deleted and replaced with other language. There are two key changes to the standards for school directors. First, a school director must possess a bachelor's degree or higher in the fields of criminal justice, public administration, education or a related field (only an associate's degree is currently required). Second, school directors must have either 10 years of law enforcement experience including 5 years at a command level directly supervising police officers (currently, the 5 years must be at an administrative level, not at a command level), or other law enforcement related experience as deemed appropriate by the Commission and published in the Pennsylvania Bulletin (currently, instead of the 10-year law enforcement experience requirement, supra, a school director must have at least 15 years of increasingly responsible full-time experience as a Federal, State or municipal law enforcement officer with general police powers). These proposed changes retain the requirement that school directors have proven law enforcement experience, but allow greater flexibility for candidates who may have a varied law enforcement background who the Commission deems qualified for the key position. Finally, a ''grandfathering'' provision is proposed to be added for school directors approved prior to the promulgation of this proposed rulemaking.
Proposed subsection (a)(3) of § 203a.33 regarding compliance with applicable safety standards is proposed to be amended to add a reference to the Uniform Construction Code and applicable State, Federal and local laws, and delete a reference to an outdated law.
Existing § 203.33(a)(14), requiring that schools have and use a suitable area for physical conditioning and defensive tactics, is proposed to be amended. The school may now have multiple areas for such purposes, but they must be approved by the Commission. Furthermore, each school shall have and use suitable areas approved by the Commission for conducting physical conditioning and defensive tactics in a safe manner. Physical conditioning shall not be conducted in the same area designated for classroom instruction. The school may, with approval of the Commission, conduct physical conditioning and defensive tactics training at an approved off-site facility, which must be the nearest available facility, see § 203a.33(a)(14). The minimum requirements for such areas are proposed to be amended. A school may now either have an isokinetic weight machine (currently required) or sufficient free weights for strength training. See § 203a.33(a)(14)(i). A required measured running course must now be Commission-approved for conducting assessments and testing. See § 203a.33(a)(14)(ii). Additionally, a provision is proposed to be added requiring schools to possess sufficient protective equipment and mats to facilitate defensive tactics and ground fighting. See § 203a.33(a)(14)(vi). The requirements for a ''sit and reach flexibility evaluation station'' and ''skinfold calipers or cloth tape to determine body fat'' are proposed to be deleted; the list of additional exercise equipment related physical conditioning training which the school may have to meet its obligations is amended to include stationary bicycles, treadmills, elliptical machines and rowing machines. See § 203a.33(a)(14)(vii).
Regarding the requirement that schools have a Commission-approved firing range, existing § 203.33(a)(15) is proposed to be amended to require that the range must comply with all applicable State, Federal and local laws. See § 203a.33(a)(15). Furthermore, the minimum caliber semi-automatic firearm is proposed to be amended to 9mm from .380 caliber. See § 203a.33(a)(15)(i). This proposed amendment is made as most police departments issue firearms of at least 9mm caliber. A police officer who qualifies with the weapon the police officer will use while on-duty will no longer be required to obtain further qualifications during the calendar year for purposes of certification. See § 203a.33(a)(15)(ii). Schools may now refuse the use of a weapon the firearms instructor deems not only unsafe, inadequate or not appropriate for police training, but also believes has been altered or modified in some way. See § 203a.33(a)(15)(iii).
A school's audio/visual requirements are proposed to be amended in § 203a.33(a)(17), removing antiquated equipment and updating with modern technology such as: multimedia equipment, projection screens, an A/V system capable of playing all media associated with trainings, TV monitors.
New requirements for schools are proposed to be added:
• Schools must only teach the Commission-approved curriculum. See § 203a.33(a)(19).
• Schools may only admit students to basic police training that have been identified as eligible to attend. See § 203a.33(a)(20).
• Schools must conduct a check of the student's driving record and verify a valid license. See § 203a.33(a)(21).
• Schools must report any injuries requiring medical attention to the Commission within 48 hours. See § 203a.33(a)(22).
• The school must use a Commission-approved location for conducting emergency vehicle operation training, which must be located as close to the school as possible. See § 203a.33(a)(23).
• Schools must submit any changes to their training calendar to the Commission within 5 business days. See § 203a.33(b)(2).
• Receive, acknowledge and update curriculum and training policies as directed by the Commission. See § 203a.33(b)(3).
• Schools must maintain additional specified records in their records management system; the Commission may require all schools to utilize a uniform records management system. See § 203a.33(b)(5).
• Schools must not only develop rules regarding discipline, student conduct, school operations and instructor standards (which they are currently required to do), they must also submit those rules to the Commission, and must apply those rules uniformly. See § 203a.33(b)(6).
• The prohibition on schools allowing instructors to teach more than 180 hours of any one basic police training course is proposed to be amended to prohibit an instructor from providing more than 25% of the total hours of any one basic police training course. See § 203a.33(b)(11).
• The existing § 203.33(b)(12) provision requiring schools to develop and transmit lesson plans and course outlines is proposed to be deleted since schools will now be required to use the Commission's curriculum.
• A provision is proposed to be added requiring that schools retain certain records for a minimum of 75 years: class rosters, attendance information, academic transcripts, firearms scores, firearms skills checklists, physical fitness assessments and test scores, course content, class schedules with assigned instructors and any other records designated by the Commission. See § 203a.33(b)(16).
• A provision is proposed to be added requiring that schools comply with the Commission's written directives concerning documents to be released under the Right-to-Know Law. See § 203a.33(b)(17).
• A provision is proposed to be added requiring that schools submit to a physical inspection of records by Commission inspectors upon reasonable notice. See § 203a.33(b)(18).
• The requirement that schools provide to the Commission a roster of all students completing a basic training police course is proposed to be amended. Schools must provide a roster of students, their physical fitness initial assessment and dates of trainings at the beginning of each course. Then, within 5 days of the conclusion of the course, submit to the Commission a roster of all students completing the course, whether they successfully completed the course, and their grades for each block of instruction. Detailed explanations must be provided for any students not successfully completing the course. See § 203a.33(c).
If there is any change in the location of a school or facility of a school, the Executive Director will schedule an inspection of the new location within 30 days after the Commission is notified of the change. See § 203a.33(d). Schools are prohibited from conducting training at the proposed location until tentative approval is given to the school. If a fire marshal, inspector from the Department of Labor and Industry, or other legal authority deems the new location satisfactory, then the Executive Director may give tentative approval. After the new location, has been visited by inspectors from the Commission, and the inspection has determined that the new location meets the standards set forth in this proposed rulemaking, final approval shall be voted upon by the Commission.
Existing § 203.34, regarding school inspections, is proposed to be amended to allow the Commission's inspectors to visit and inspect each approved school at least biennially, rather than the current annual visit. Furthermore, this section is proposed to be amended to allow the Commission specific authority to not only survey the physical facilities of each school, but also its records, equipment, facilities owned or contracted, vehicles, firearms ranges, and driving tracks. Finally, this section is amended to allow the Executive Director to approve an individual as a Commission inspector who has subject matter expertise required to evaluate the school's operations and personnel. See § 203a.34 (relating to school inspections).
Existing § 203.35, regarding emergency suspension of school certification, is proposed to be amended by adding two additional reasons for emergency suspensions: failure to admit Commission inspectors to a certified school or its facilities, see § 203a.35(a)(5) (relating to emergency suspension of school certification), and failure to cooperate with an administrative investigation, including a physical review of records, being conducted by the Commission, see § 203a.35(a)(6).
Further, existing § 203.35 is proposed to be amended and improved by adding procedural steps to this process which currently do not exist. Under this proposed rulemaking, the school must be provided with the reasons for the emergency suspension as soon as possible, but no later than 15 business days from the date of the emergency suspension. Within 30 business days of an emergency suspension, the Executive Director shall provide the school with an opportunity to be heard on the conditions giving rise to the suspension. When those conditions are remedied, the certification shall be immediately restored. See § 203a.35(b).
Existing § 203.36, regarding revocation of school certification, is proposed to be amended to allow the Commission the authority to suspend a school's certification in addition to its current authority to revoke a school's certification. The basis for remedial measures are expanded to include violations of any standard or requirement of Subchapter C (relating to school requirements), see § 203a.36(1) (relating to suspension or revocation of school certification), the submission of known false or fraudulent information to the Commission, see § 203a.36(2), subcontracting police training to another noncertified entity, see § 203a.36(3), failure to comply with any settlement agreement entered into with the Executive Director, see § 203a.36(4), failure to conduct one basic police training course every 3 years the school is certified, see § 203a.36(5), failure to correct deficiencies discovered during school inspections after proper identification and notification to the school director, see § 203a.36(6), failure to properly administer courses and maintain confidentiality of all examinations, see § 203a.36(7), failure to cooperate with an administrative investigation being conducted by the Commission, see § 203a.36(8), failure to admit Commission inspectors to the school or its facilities where Commission-sponsored trainings are being conducted, see § 203a.36(9), and any other act or omission which constitutes a violation of 53 Pa.C.S. Chapter 21, Subchapter D or the regulations thereunder, or any other applicable Federal, State or local law, see § 203a.36(10). Two other reasons for suspension or revocation are proposed to be deleted: the failure to take corrective action after an emergency suspension, and the failure to have a school director meeting the requirements contained in Chapter 203a. The Commission has at times identified school deficiencies, which were averse to the efficient operation of the certified school. These deficiencies were not always clearly covered by the provisions of this section; these proposed amendments are designed to ensure voluntary compliance with this proposed rulemaking, but should the certified school fail to comply, the Commission may pursue corrective action to gain necessary compliance.
Existing § 203.37, currently entitled ''Minimum standards for school directors,'' is proposed to be deleted and replaced with a new subject in § 203a.37 (relating to authority of the Executive Director), as the contents of this section were placed into § 203a.33(a)(2). The proposed added language supports the additional basis for suspension or revocation, or both, by allowing the Executive Director of the Commission, at any time prior to or following a suspension or revocation but prior to the issuance of a hearing examiner's recommendation, to enter into a voluntary settlement agreement with the conditions and requirements as the parties deem appropriate. It should be noted that the hearing process and role of hearing examiners is provided for in Subchapter G (relating to notice and hearings).
Subchapter D—Course Requirements
As it relates to the existing Chapter 203, Subchapter D, proposed amendments are made that relate to the basic police training course curriculum and the mandatory and non-mandatory in-service training courses conducted by Commission-certified schools.
Existing § 203.51 is proposed to be amended to reflect the Commission's updated changes to the curriculum for basic police training, which is necessary for initial police officer certification. The current course on ''Antisocial Behavior'' is replaced with a course entitled ''Special Needs, Medical and Behavioral Issues.'' See § 203a.51(b)(4) (relating to basic police training course curriculum). The course on ''Professional Relations'' is replaced with a course entitled ''Community Policing—Problem Solving.'' See § 203a.51(b)(5). In addition, five new courses are added: ''Ethics'' in § 203a.51(b)(17), ''Diversity and Sensitivity Training'' in § 203a.51(b)(18), ''Homeland Security'' in § 203a.51(b)(19), ''Drug Law Enforcement'' in § 203a.51(b)(20) and ''Electronic Crimes'' in § 203a.51(b)(21). These course titles were updated and changed to be reflective of the current and forthcoming curriculum.
Existing § 203.52 is proposed to be amended in § 203a.52 to reflect the Commission's updated changes to the curriculum for mandatory in-service training courses, which are required annually for all certified police officers. The two components to mandatory in-service training are clarified as academic requirements and police skills requirements. See § 203a.52(b). The police skills requirements (consisting of an annual qualification on a police firearms course and maintenance of a first aid and CPR/AED certification) and academic requirements (consisting of at least 12 credited hours of annual training) are retained with minor changes consistent with amendments to other regulations.
A provision is proposed to be added requiring the Commission to evaluate law enforcement training courses to determine equivalency to mandatory in-service training course requirements, and requiring the Commission to publish a list of any approved training courses on its web site no later than September 30th of each year. The Commission may require completion of any in-service training courses mandatory regardless of the completion of approved equivalency training, during the calendar year. See § 203a.52(c).
Another provision is proposed to be added allowing non-certified law enforcement officers, at the request of their employing agency and at the sole discretion of the Commission, to attend mandatory in-service trainings. See § 203a.52(d).
The existing provisions regarding the administration of mandatory in-service training are proposed to be renumbered and amended, as outlined in § 203a.52(e). Provisions regarding instructor certification requirements were deleted from this section, as they are incorporated into § 203a.72 for consistency and clarity. A provision is proposed to be added requiring that the courses be taught by an authorized instructor with the exception of Commission-approved online training or the equivalent. See § 203a.52(e)(1). The provision setting forth the procedure when an officer fails an examination is proposed to be amended with updated language. The basic process remains (a different version of the examination will be offered on reexamination; if the officer fails the reexamination a written notice of failure shall be provided). See § 203a.52(e)(7). Proposed subsection (e)(8) places responsibility for security of the examinations on the school and the course instructors or online training providers; violations may result in suspension or revocation of school or instructor certification.
Supporting provisions are proposed to be added to the subsection allowing the employing police department to request an extension of time to allow officers to complete the mandatory in-service trainings. See § 203a.52(e)(10). Either the employing municipality or the officer's chief may apply or a waiver of the time restriction for a line-of-duty connected injury or disability. These applications must be approved by a majority vote of the Commission. If a waiver is not requested, the officer shall not be decertified unless, upon return to service, the officer fails to complete the in-service training requirements deemed appropriate by the Commission. Further, the employing municipality or the officer's chief may apply for a waiver if the officer is deployed by the military. Officers must complete all in-service training after returning from deployment, unless exempted by the Commission. These changes are designed to provide more thorough procedures for the department and are also reflective of changes to 53 Pa.C.S. Chapter 21, Subchapter D itself regarding extensions of time for injured or deployed officers. Under § 203a.52(e)(11), a provision is proposed to be added allowing the Commission to approve online training, or its equivalent, as part of mandatory in-service training. This is done to ensure that current approved online training offered by partnership with the Pennsylvania Chiefs' of Police Association, and possibly others in the future, is provided for by this proposed rulemaking.
Under 53 Pa.C.S. § 2170 (relating to reimbursement of expenses), the Commission is required to, if certain requirements are met and funding is available, reimburse municipalities for the cost of training their officers to Commission standards. Existing § 203.53, pertaining to non-mandatory in-service training courses, is proposed to be amended in two ways. The issuance of training grants made available to municipalities who make application, under 53 Pa.C.S. § 2170, a provision is proposed to be added making clear that grant monies will be provided on a pro rata basis and payments will be limited to the funds available to the Commission for such purposes. See § 203a.53(b)(1) (relating to nonmandatory in-service training courses). Additionally, the authority for approving grant requests in the amount of $3,000 or less may now be approved by the Executive Director with the concurrence of the Budget Committee, rather than the Commission's Committee. See § 203a.53(c). References to the ''Commission's Committee'' are replaced with the ''Budget Committee;'' references to the ''In-Service Training Committee'' are updated to the ''Training Committee.''
Finally, the Commission's existing cheating policy under § 203.54 is proposed to be amended in § 203a.54 (relating to Commission cheating policy), and a new definition of ''cheating'' is placed into § 203a.1. This cheating policy is updated to provide a clear definition of what constitutes cheating and to allow the Commission more flexibility in imposing sanctions on those found to have cheated; prior incidents which led to decertification proceedings resulted in significant litigation and identified areas where the policy could be improved. An individual is prohibited from intentionally, knowingly or willfully soliciting, possessing, receiving, utilizing, disseminating, acquiring or attempting to acquire questions, answers or answer keys to any official Commission examination without express authority. Individuals are prohibited from any acts of cheating, as further specified, and may not hinder or obstruct a Commission investigation involving cheating. Students must be apprised of, and given written acknowledgement of, the cheating policy before every examination. Written notice of a cheating violation must be sent by the school director to the student and Commission within 2 business days of becoming aware of the violation. The Commission shall investigate all allegations of cheating. The Executive Director may bar an individual not certified by the Commission who is found to have violated the cheating policy from further participation in any Commission training or testing. Certified individuals found to have violated the cheating policy shall be subject to suspension or revocation of their certification after receiving notice and having the opportunity to be heard under the provisions of Subchapter G. The hearing officer shall provide a recommendation regarding the appropriate penalty to the Commission, which may accept, reject or modify the hearing officer's findings, conclusions and recommendations. The Commission shall issue a final order in regards to cheating in accordance with Subchapter G.
Subchapter E—Instructor Certifications
Minor amendments are proposed to be made to existing § 203.71, which contains general provisions, under § 203a.71 (relating to general). It is clarified that individuals may not provide instruction in any Commission-certified course unless they have received instructor certification. Application forms will now be available by means of the Commission's web site. The requirement that applications be notarized is proposed to be deleted. Applicants cannot be convicted of, or subject to, a disqualifying offense.
Existing § 203.72, regarding certification requirements, is also proposed to be amended. Among the current requirements for instructors is the successful completion of a Commission approved instructor course or having a teaching certificate issued by the Department of Education. Specifications are added for the Commission approved-instructor development course, which must consist of a minimum of 40 hours of instruction. See § 203a.72(2)(i)(A) (relating to certification requirements). A listing of approved courses will now be published in the Pennsylvania Bulletin. See § 203a.72(2)(i)(A). Further, it is specified that for an instructional area which requires professional education, certification, licensure or other subject matter expertise, the Executive Director may certify (and subsequently deny or rescind) an individual as an instructor for that instructional area only. See § 203a.72(2)(iii). All instructors must acknowledge and abide by an Instructor Code of Conduct as has been established by the Commission and which will be published in the Pennsylvania Bulletin. See § 203a.72(2)(i)(C).
To obtain certification as a special instructor, instructors must also acknowledge and abide by an Instructor Code of Conduct as established by the Commission. See § 203a.72(2)(i)(C). It is now specified that firearms instructors, like other special instructors, must also successfully complete a Commission-approved instructor development course. See § 203a.72(2)(iv)(B).
The provisions setting forth the qualifications for obtaining certification as a special instructor for mandatory in-service training are proposed to be amended and moved, from existing § 203.72(b) to § 203a.72(2)(iv)(F), for ease of reference. Special instructors must now be nominated by the certified school's approved school director. See § 203a.72(2)(iv)(F)(1). For individuals who are not currently a general police training certified instructor but are eligible for certification, temporary certifications shall expire upon the approval of the Commission or the adjournment of the second Commission meeting following issuance of the temporary certification, whichever occurs first (currently, temporary certifications are valid for 6 months). See § 203a.72(2)(iv)(F)(2)(I). The current requirement that special instructors must successfully complete Commission instructor training remains; however, it is specified that the Executive Director shall determine attendance policies for these ''workshops'' and may reject any nomination for admittance. See § 203a.72(2)(iv)(F)(3). Finally, a provision is proposed to be added that limits certification for mandatory in-service training instructors to 1 calendar year from the date of issuance; instructors must be re-nominated each year for certification. See § 203a.72(2)(iv)(F)(4). The Executive Director may temporarily authorize an instructor to teach make-up mandatory in-service training courses. These proposed amendments are designed to provide clear procedural requirements and substantive standards for mandatory in-service training, as well as ensure the Executive Director is vested with the necessary authority to oversee these instructors.
Existing § 203.72(a)(3) regarding renewal and lapse of police training instructor certification is proposed to be amended so as not to apply to certifications for mandatory in-service training instructors, as this issue will be covered in § 203a.72(2)(iv)(F)(4). A provision is proposed to be added providing that if the Executive Director has determined that the qualifications for certification have been met, a temporary certification may be issued which shall expire upon approval of the final certification by the Commission or the adjournment of the second Commission meeting following issuance of the temporary certification, whichever occurs first. See § 203a.72(3)(iv). However, individuals applying after a revocation shall not receive temporary certification. Certification of a reinstated instructor requires a majority vote by the Commission.
Currently existing § 203.73, regarding revocation of instructor certification, is proposed to be amended to allow the Commission the authority to suspend an instructor's certification in addition to its current authority to revoke an instructor's certification. The existing reasons for the remedial measures are proposed to be deleted and replaced with a significantly modified and expanded list in § 203a.73(a) (relating to suspension or revocation of instructor certification), to fully encompass the grounds upon which the Commission would either suspend or revoke an instructor's certification. The overarching revisions are designed to provide a more comprehensive set of grounds for revocation and suspension, as it had been determined that previous regulations did not provide sufficient grounds to ensure the Commission has adequate oversight authority. Proposed § 203a.73(c) would allow an instructor to voluntarily surrender their certification instead of suspension or revocation. The Executive Director may accept or reject the instructor's voluntary surrender of certification with the terms and conditions he deems appropriate.
Subchapter F—Reimbursement of Expenses
Consistent with the proposed language of § 203a.53(b)(1), with respect to the issuance of training grants made available to municipalities who make application under section 2170 of the act, a provision is proposed to be added to § 203a.81(a) (relating to basic training) making clear that grant monies will be provided on a pro rata basis and payments will be limited to the funds available to the Commission for these purposes. The same change is made to § 203a.82 (relating to mandatory in-service training).
Further, in proposed § 203a.83 (relating to grants for nonmandatory in-service training programs), references to the disbanded ''In-Service Training Committee'' are updated to reference to the existing ''Budget Committee.''
Subchapter G—Notice and Hearings
Existing § 203.102 is proposed to be amended to clarify that notice of a Commission decision adversely affecting a party certified by the Commission will be sent to the certified police officer, certified instructor or certified school. See § 203a.102(a) (relating to notice).
Existing § 203.103 regarding hearing procedure is proposed to be amended to reflect that the Commission will hold hearings in its Harrisburg office (The Commission is no longer housed in the Hershey area, as it was previously). Hearing examiners will now be appointed by the Chairman of the Commission or in any other reasonable manner as determined by the Commission, rather than by a majority vote of the Commission. This is designed to provide more flexibility and reflect the current approved method of appointing hearing officers through the OGC program. Finally, the Commission is given the authority to not only accept or reject, but also modify, the findings of fact, conclusions of law and recommendations, consistent with standing procedures. See § 203a.103 (relating to hearing procedures).
Fiscal Impact and Paperwork Requirements
The proposed amendments will have the following approximate fiscal impacts upon the regulated community, which consists of police officers and their employing municipality/agency, as well as certified police training schools and their staffs.
Subchapter B is proposed to be updated and contains certain additional costs (all projections hereinafter are approximate based upon reasonable estimates; most are expected to be one-time expenses, though this could vary by expense and subchapter). Physical and Psychological examinations ($75 and $400, respectively) are still required, along with a five-panel drug screen ($70) and decibel audio test ($75). The approximate costs of these are expected to be $500—$700 in total. The subchapter also proposed to add the ability of the Commission to request evaluation by an appropriate independent medical expert if needed; due to the variety of potential evaluations, the costs would likely range from several hundred to several thousand dollars. Other costs for this subchapter include up to $45.85 for background checks for an applicant for basic police training and $90 for professional rescuer certification. The other major new cost, though likely infrequent, will be a result of basic police training being required for former law enforcement who have previously completed recognized training, but have been absent from the profession for more than 10 years. If they must attend basic police training again, the cost is currently estimated to be approximately $6,048.63. Finally, since the law now allows for the recognition of former Federal and military law enforcement training, those former officers will only have to take partial training at a reduced cost, which could be as much as several thousand dollars. The costs and savings for Subchapter B will be borne by the individual applicant, or if employed, by the employing municipality or agency and are most likely one-time expenditures.
Subchapter C proposes to impose a few additional costs upon certified police training schools. This proposed rulemaking now specifically provides for an onsite coordinator for campuses with multiple locations (this has already been done by most schools with a satellite campus). A part-time coordinator may be acceptable, so savings may be realized over a full-time position (salary of approximately $50,000). Also, by allowing new officers to use their academy firearms qualification for their first year, a one-time savings of $300 may be recognized in some instances by a municipality/agency. Updates to the required technologies may appear onerous, but as most academies have the necessary equipment already, the cost is presumed to be no more than $1,000 for one-time upgrades. The other costs are related to updated records retention requirements ($1,500) and an additional driver's history check for each student ($10 per student), also both likely one-time expenses, though the need to update records retention capability may occur again at some indeterminate point depending on a school's specific circumstances.
Subchapters D and E (relating to course requirements; and instructor certifications) also are proposed to impose some additional costs on schools. It is anticipated that the new curriculum under Subchapter D has resulted in increases to tuition, (approximate tuition cost estimated at $6,048.63); there is also additional cost in obtaining professional rescuer certification for an instructor from the American Red Cross ($300). Some savings may be realized in Subchapter D as equivalency courses will now be allowed to substitute for in-service training, resulting in potential cost savings. Subchapter E proposed to add a few additional minimal costs such as all instructors being required to complete instructor development, as well as additional requirements to become a special instructor. Most of these costs for Subchapters D and E are expected to be one-time expenditures, though tuition is often variable. Subchapters F and G involve minimal changes and any fiscal impact is therefore also believed to be minimal in nature.
These proposed amendments will also impact paperwork requirements. Many of the changes to this proposed rulemaking are designed to allow for more modern and efficient business practices, curtailing costs, time and workload for both the Commonwealth and the regulated community. In some instances, new paperwork is required, such as the I-9 form and certain medical examinations/reviews in Subchapter B, along with a few additional background screenings in Subchapters B and C.
Finally, the impact on the Commonwealth, particularly the Commission, should be minimal, but is hard to quantify. Commission staff will be required to provide more regular updates to certain matters by publishing in the Pennsylvania Bulletin and process additional paperwork in some instances (that is, Partial Waiver of Training Applicants). However, these additional duties will be likely be offset to some degree by more efficient business practices and flexibility as allowed for in this proposed rulemaking. Therefore, the additional fiscal and paperwork impacts upon the Commonwealth are likely to be minimal overall.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P.S. § 45.5(a)), on September 28, 2020, on behalf of the Municipal Police Officers' Education and Training Commission, the State Police submitted a copy of this proposed rulemaking and a copy of the Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the Senate Law and Justice Committee and the House Judiciary Committee. A copy of this material is available on request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections shall specify the regulatory review criteria in section 5.2 of the Regulatory Review Act (71 P.S. § 745.5b) which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking by the State Police, the General Assembly and the Governor for comments, recommendations or objections raised.
Public Comment
Interested persons are invited to submit written comments, suggestions or objections regarding this proposed rulemaking to Sergeant Leslie Barr, Policy and Legislative Affairs Office, State Police, by mail at 1800 Elmerton Avenue, Harrisburg, PA 17110 or by e-mail at lesbarr@pa.gov within 30 days following publication of this proposed rulemaking in the Pennsylvania Bulletin. Reference ''17-80, Chapter 203 revisions'' when submitting comments.
COLONEL ROBERT EVANCHICK,
CommissionerFiscal Note: 17-80. No fiscal impact; (8) recommends adoption.
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1 Dr. Valdis A. Lubans, a leading expert in developing and interpreting participant responses to training needs surveys, was contracted in 2012 to investigate the training needs of newly-appointed police officers with 5 years or less of experience as patrol officers. From his statistical analysis based on the feedback he received from officers with less than 5 years on the job, as well as their chiefs and patrol supervisors who participated, he developed basic job performance standards, medical guidelines and police academy entry standards for the Commission, which were incorporated into a Job Task Analysis Report. This process recurs approximately every 10—12 years.
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