[50 Pa.B. 5733]
[Saturday, October 17, 2020]
[Continued from previous Web Page]
Annex A
TITLE 37. LAW
PART IV. MUNICIPAL POLICE OFFICERS' EDUCATION AND TRAINING COMMISSION
Subpart A. MUNICIPAL POLICE OFFICERS' EDUCATION AND TRAINING PROGRAM
CHAPTER 203. [ADMINISTRATION OF THE PROGRAM] (Reserved) (Editor's Note: As part of this proposed rulemaking, the Municipal Police Officers' Education and Training Commission is proposing to rescind Chapter 203, which appears in 37 Pa. Code pages 203-1—203-30, serial pages (331437)—(331442), (322731), (322732), (363425), (363426), (322735)—(322740), (336841), (336842), (322743)—(322752), (374975) and (374976).)
Sec.
203.1. (Reserved). 203.11—203.15. (Reserved). 203.31—203.37. (Reserved). 203.51—203.54. (Reserved). 203.71—203.73. (Reserved). 203.81—203.83. (Reserved). 203.101—203.103. (Reserved). (Editor's Note: Chapter 203a is proposed to be added and printed in regular type to enhance readability.)
CHAPTER 203a. ADMINISTRATION
OF THE PROGRAM
Subchapter A. GENERAL Sec.
203a.1. Definitions. § 203a.1. Definitions.
In addition to the definitions contained in the act, the following words and terms, when used in this chapter, have the following meanings:
Act—53 Pa.C.S. Chapter 21, Subchapter D (relating to municipal police education and training).
Certification—The assignment of a certification number to a police officer after successful completion of a mandatory basic training course or receipt of a waiver of basic training from the Commission and successful completion of mandatory in-service training. Certification is for a period of 2 years.
Certified police firearms instructor—An individual who possesses a current police firearms instructor rating, and whose firearms instructor training has been approved by the Commission and published on the Commission's public web site.
Certified police officer—A police officer who has met all of the qualifications required by this chapter and is authorized to enforce 18 Pa.C.S. (relating to Crimes Code), moving violations of 75 Pa.C.S. (relating to Vehicle Code), and carry a firearm.
Chairperson of the Commission—The Commissioner of the State Police.
Change-of Status Notice—Either of the following:
(1) A document submitted by a police department as defined by the act to report:
(i) separation or termination from employment,
(ii) a criminal arrest,
(iii) a change of name, or
(iv) a change in the physical or psychological condition of an individual who holds active certification as a police officer; or
(2) a document submitted by a police department identified by the act to reactivate a certification number assigned to an individual whose certification has been inactive for less than 24 months.
Cheating—To solicit, possess, receive, utilize, disseminate, acquire or attempt to acquire questions, answers or answer keys to any official Commission examination, or portion thereof, without written authorization of the Executive Director as required for official Commission business. The term includes, without limitation, communicating verbally, in writing, by means of signals, or electronically any information pertaining to the material or examination; referring to any unauthorized study, educational, or other aid; misrepresenting one's identity; interfering with or obstructing a Commission investigation regarding cheating; or aiding an individual to accomplish any of the items mentioned under this term.
Chief—The agency executive, chief of police, or officer in charge of a police department enumerated under the act, or the person or governing body exercising executive oversight of a police department enumerated under the act.
Command level—A management position within a police department in which a police officer has responsibility for executive level functions, including without limitation functions such as budgetary requests, development or implementation, or both, of policies, oversight of police supervisors, investigation of police misconduct, discipline, labor relations or contractual interpretation.
Commission—The Municipal Police Officers' Education and Training Commission.
Conviction—A finding of guilt or the entering of a plea of guilty or nolo contendere, whether or not judgment of sentence has been imposed, including without limitation, similar dispositions as provided in the Uniform Code of Military Justice or other State or Federal law.
Disqualifying offense—Any of the following:
(1) A criminal offense under the laws of the Commonwealth, any other state, or the laws of the United States and its recognized territories, principalities and tribes, for which more than 1 year of incarceration can be imposed as punishment, as determined by the laws of the jurisdiction where the criminal offense occurred;
(2) a conviction for an offense under the Uniform Code of Military Justice for which a Bad Conduct or Dishonorable Discharge could be imposed;
(3) any conviction for a criminal offense, or adjudication as a juvenile delinquent, that prohibits the applicant's possession or control of a firearm under the laws of the United States or the Commonwealth;
(4) any finding of mental incompetence or incapacity, involuntary commitment to a mental institution, or other mental health treatment or similar status under State or Federal law that prohibits the possession or control of a firearm under the laws of the United States or the Commonwealth; or
(5) any conviction for a criminal offense, or adjudication as a juvenile delinquent, that requires registration under the Commonwealth of Pennsylvania's Megan's Law statute, or any other similar statutes of other states or the United States and its recognized territories, principalities and tribes.
Document—Any written or electronic submission which contains text or information of a legal, official or similar nature.
Essential job functions of a police officer—The job functions and tasks essential to performing the duties of a municipal police officer, including the ability to effectuate arrests, proficiently handle firearms, operate a police vehicle and perform a variety of physical tasks, the ability to communicate effectively, both verbally and in writing, the ability to comprehend documents and apply rules, procedures, and precedent, and other mental tasks, as well as perform rescue functions and other miscellaneous duties.
Executive Director—The Commission elected head of staff responsible for administration. See section 2164(9) of the act (53 Pa.C.S. § 2164(9) (relating to powers and duties of commission)).
Federal Law Enforcement Officer—A criminal investigator at the General Schedule-1811 level, or uniformed police officer in good standing, with Federal arrest powers, whose duties were generally consistent with those of a certified police officer within the Commonwealth and who has successfully completed one of the following:
(1) Federal Bureau of Investigation (FBI) basic training at the FBI Academy in Quantico, Virginia.
(2) Drug Enforcement Administration basic training academy in Quantico, Virginia.
(3) Uniformed Police Training Program at the Federal Law Enforcement Training Center.
(4) Criminal Investigator Training Program at the Federal Law Enforcement Training Center.
(5) Rural Police Training Program at the Federal Law Enforcement Training Center.
Firearm—Any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive.
Good Standing—The term refers to the following:
(1) A currently certified police officer or instructor who is not subject to removal by any employing municipalities or certified schools.
(2) A former certified police officer, former State Trooper, or former certified instructor who, upon his separation or retirement, was not subject to removal by any employing municipalities, agencies or certified schools.
(3) A current police officer of another state, Federal law enforcement officer or military police officer who is not subject to removal by any employing jurisdictions, Federal agencies, or if a military police officer, was not subject to any discharge other than honorable.
(4) A former police officer of another state, Federal law enforcement officer or military police officer who is not subject to removal by the employing jurisdiction, Federal agency, or if a military police officer, was not subject to any discharge other than honorable.
The term excludes any person enumerated in paragraphs (1)—(4), who is, or who upon separation or retirement was, subject to a criminal or administrative investigation that could lead to the person's removal.
LIVESCAN—A computer-based system for the inkless collection and transmission of fingerprints.
Military Police Officer—A member of the United States Armed Services who has successfully completed basic training as a military police officer, criminal investigator, or special agent, and whose Military Occupational Specialty (MOS), Air Force Specialty Code (AFSC), or service equivalent, designates the person as a Military Police Officer (Army—MOS 31B or 31D; Marines—MOS 5800 or 5821; Air Force—AFSC 3P or 7S; Navy—Master at Arms (MA); or a Special Agent with the Coast Guard Investigative Service). The designation must be listed on the applicant's Department of Defense Form 214 (DD-214). The term excludes military police correctional officers.
Other Qualified Medical Professional—A certified registered nurse practitioner licensed in this Commonwealth by the State Board of Nursing, or a physician assistant licensed in this Commonwealth by the State Board of Medicine or by the State Board of Osteopathic Medicine.
Physician—An individual licensed to practice medicine and surgery in this Commonwealth by the State Board of Medicine or by the State Board of Osteopathic Medicine.
School—A Commission-approved training or educational entity that provides basic and in-service police training courses.
Signature—A legally recognized written, electronic, or digital, mark or sign made by an individual on an instrument or document to signify knowledge, approval, acceptance or obligation.
Suspension—Temporary decertification for a period of time determined by the Commission, generally not to exceed 2 years.
Subchapter B. POLICE OFFICER
CERTIFICATION REQUIREMENTSSec.
203a.11. Qualifications for attending basic training at Commission-certified schools. 203a.12. Training requirements. 203a.13. Certification as a municipal police officer. 203a.14. Suspension or revocation of certification. 203a.15. Application packet submission. 203a.16. Additional medical review. § 203a.11. Qualifications for attending basic training at Commission-certified schools.
A person applying for entry to a Commission-certified school or returning to basic training after an absence shall:
(1) Be 18 years of age or older.
(2) Provide documentation that the applicant possesses a high school diploma recognized and accepted by the Pennsylvania Department of Education or GED Equivalency.
(3) Be a citizen of the United States and provide documentation of citizenship using Department of Homeland Security, United States Citizenship and Immigration Services form I-9.
(4) Be free from both of the following:
(i) Conviction of, or being subject to, a disqualifying offense.
(ii) An active Temporary or Final Order issued under the Protection from Abuse Act, 23 Pa.C.S. §§ 6101—6122 (relating to protection from abuse), or an equivalent order from another jurisdiction.
(5) Be able to read at no less than the eleventh grade level, as established through the administration of the Nelson-Denny Reading Test or other reading comprehension test as may be approved by the Commission. The results of the Nelson-Denny Reading Test shall be valid for no more than 3 years from date of completion.
(6) Be personally examined by a physician or other qualified medical professional who is licensed in this Commonwealth. The examination must include the following findings, in writing, on a form or in a manner prescribed by the Commission:
(i) Applicants shall be free from the addictive or excessive use of either alcohol or legal prescription medication.
(ii) Applicants shall be free from the use of illegal controlled substances within the previous year. An applicant shall submit to a drug screening using current laboratory testing procedures required by the Commission.
(iii) Applicants' physical condition shall be that applicants could reasonably be expected to withstand significant cardiovascular stress.
(iv) Applicants shall be free from any debilitating neurological or medical condition, which may affect the applicants' ability to perform the essential job functions of a police officer.
(v) Applicants shall be found to have visual acuity of at least 20/70, uncorrected in the stronger eye, correctable to at least 20/20; and at least 20/200, uncorrected in the weaker eye, correctable to at least 20/40. In addition, the applicant shall have normal depth and color perception and be free of any other significant visual abnormality. An optometrist or ophthalmologist may conduct this portion of the examination.
(vi) Applicants shall be required to take and pass a decibel audio test using an audiometer with an average loss not to exceed 25 or more decibels at the 500, 1000, 2000 and 3000 Hertz (Hz) levels in either ear with no single frequency loss in excess of 40. The applicant may not use a hearing aid or other aid to perform the test. An audiologist may conduct this portion of the examination.
(vii) Applicants may not be missing any extremities, including digits, which would prevent meeting minimum training requirements and performing the essential job functions of a police officer.
(viii) Applicants shall be free from any other significant physical limitations or disabilities which would, in the physician's or other qualified medical professional's opinion, impair the applicant's ability to complete the required minimum training requirements and perform the essential job functions of a police officer.
(7) Be personally examined by a psychologist licensed in this Commonwealth and found to be psychologically capable to exercise appropriate judgment and restraint in performing the essential job functions of a police officer. The examination shall include the following elements:
(i) Interview and history. The psychologist shall personally interview the applicant. The interview shall include a summary of the applicant's personal, educational, employment and criminal history.
(ii) Required psychological test. Applicants shall be administered a current standard form of the Minnesota Multiphasic Personality Inventory.
(iii) Other testing methods. If the licensed psychologist is unable to certify the applicant's psychological capability to exercise appropriate judgment and restraint to perform the essential job functions of a police officer, including the handling of a lethal weapon, the psychologist shall employ other appropriate techniques to form a professional opinion of the applicant's ability. The use of these additional techniques requires a full and complete written explanation to the Commission on a form submitted by the psychologist to the Commission indicating what additional testing has been performed, the results of the tests and written documentation detailing why the individual possesses the appropriate judgment and restraint to perform the essential job functions of a police officer.
(8) Be evaluated to determine physical fitness using the standards developed by the Cooper Institute for Aerobics Research. Each applicant shall score no lower than the 30th percentile of the Cooper standards, which coincides with the 30th percentile of the general population, in the testing battery to be eligible for employment. A person will not be enrolled in a basic police training course at a police academy certified by the Commission unless the person has obtained a score in the 30th percentile or higher for the person's age and gender as specified in the Cooper standards for the test battery. Physical fitness results remain valid for 6 months after successfully passing the testing battery. The required testing battery is as follows:
(i) 1.5 mile run.
(ii) 300 meter run.
(iii) One minute push-ups.
(iv) One minute sit-ups.
(9) Have and maintain a valid driver's license.
(10) Individuals shall, at their expense, provide Federal Bureau of Investigation and Pennsylvania criminal history checks and a driving history check from all states in which they have been licensed in the past 10 years before entering a Commission-certified police academy. Individuals returning to a basic police training program after an absence of more than 30 days shall provide a notarized affidavit verifying that all criminal history contained in their initial application remains true and accurate. Applicants arrested for a disqualifying offense during an absence shall be required to submit new criminal history and driving history checks before being readmitted to the program. Applicants convicted of a disqualifying offense during an absence shall not be readmitted into the program.
§ 203a.12. Training requirements.
(a) Applicants shall successfully complete a basic police training course given at a Commission-certified school or obtain a waiver of training from the Commission.
(b) Basic Police Training Course.
(1) Successful completion of a basic police training course shall be determined by the training school, in accordance with Commission standards.
(2) Applicants shall complete 100% of all instructional hours.
(i) Excused absences shall be mutually agreed upon by the police officer's chief and the school director. School directors shall determine excused absences for applicants not employed as police officers. School directors shall document and submit to the Commission each excused absence and the completion of all make-up hours missed due to the absence.
(ii) Applicants are responsible for all course content and testing that is missed due to the excused absence.
(3) Applicants must complete the basic police training course with a minimum grade as established by the Commission. The Commission will publish a notice in the Pennsylvania Bulletin whenever the minimum grade on any tested area of examination changes.
(i) Applicants not achieving the minimum grade in any tested area shall repeat the training in that area before being eligible to retake the examination in that tested area. If the applicant fails to achieve the minimum grade on the applicant's second attempt, the applicant shall be required to retake and pass the entire basic police training course to qualify for certification.
(ii) Applicants not achieving the minimum grade in two separate tested areas during a basic police training course shall be required to retake and pass the entire basic police training course to qualify for certification.
(4) To qualify for certification, an applicant shall:
(i) Achieve a minimum qualifying firearms score of 75% based upon standards as determined by the Commission and published as a notice in the Pennsylvania Bulletin.
(ii) Receive certification in cardiopulmonary resuscitation for the professional rescuer with an automatic external defibrillation component, or equivalent, and first aid from the American Red Cross, the Department of Health, the American Heart Association or other agencies approved by the Department of Health.
(c) Waiver of training. Applications for certification for which waivers of training are requested shall be submitted by the applicant's employing police department. An applicant for a waiver of training shall:
(1) Be employed as a police officer or have a conditional offer of employment as a police officer from a police department.
(2) Satisfy one of the following conditions:
(i) Within 10 years, the applicant was a State Trooper, successfully completed his probationary period, and left that position in good standing.
(ii) Within 10 years prior to the date of employment on the application for certification, the applicant was a Commission-certified municipal police officer, employed by a police department enumerated by the act, and left that position in good standing.
(iii) Within 10 years prior to the date of employment on the application for certification, the applicant was employed as a full-time police officer in another state for a minimum of 1 year and left in good standing. This waiver shall be contingent upon the applicant providing documentation demonstrating completion of that state's Peace Officers Standards and Training curriculum, or equivalent, if comparable to that of the act. For purposes of this section, a full-time police officer is a person who is employed by a police department assigned to law enforcement duties; the term does not include persons employed to check parking meters, or to perform only administrative duties, nor does it include corrections officers, auxiliary or fire police.
(3) The applicant may be required to take all, or portions thereof, the current certification period's mandatory in-service training to qualify for a waiver of training, as determined by the Commission.
(4) Provide documentary proof that the applicant has met the following requirements:
(i) Firearms. Within the last 12 months, applicants must have qualified on a police firearms course conducted by a certified police firearms instructor with the firearms the applicant will use in the performance of his police duties. The Commission will publish the requirements for a police firearms course and for firearms instructors in the Pennsylvania Bulletin.
(ii) First Aid/Cardiopulmonary resuscitation/Automatic external defibrillation. Applicants shall have current, valid certifications in first aid and cardiopulmonary resuscitation for the professional rescuer with an automatic external defibrillation component, or equivalent, from the American Red Cross, the American Heart Association, the Department of Health or other agency approved by the Department of Health.
(d) Partial waiver of training.
(1) Federal Law Enforcement Officers who left their agency in good standing within 10 years may apply for a waiver of portions of the mandatory basic training curriculum. The waiver shall be contingent upon an applicant's submission of documentation to the Commission verifying successful completion of the blocks of instruction for which the applicant is requesting a waiver. This documentation may include, but is not limited to, official transcripts, certificates of completion, diplomas, lesson plans, syllabi and comprehensive course descriptions. The Commission may request additional information before making its final determination regarding the waiver. Waivers may only be granted for those portions of the training deemed by the Commission to be comparable or equivalent to that which is required by the act and this chapter.
(2) Military Police Officers who were honorably discharged in the previous 10 years may apply for a waiver of portions of the mandatory basic training curriculum. An application for waiver shall be accompanied by form DD-214 containing verification of the applicant's Military Occupational Specialty, or equivalent, as a Military Police Officer within the applicant's branch of service. The waiver shall be contingent upon an applicant's submission of documentation to the Commission verifying successful completion of the blocks of instruction for which the applicant is requesting a waiver. This documentation may include, but is not limited to, official transcripts, certificates of completion, diplomas, lesson plans, syllabi and comprehensive course descriptions. The Commission may request additional information before making its final determination regarding the waiver. Waivers may only be granted for those portions of the training deemed by the Commission to be comparable or equivalent to that which is required by the act and this chapter.
(3) The Commission will notify the applicant in writing of its decision regarding waiver of training under subsection (d)(1) or (2). The applicant shall be required to take the non-waived portions of the mandatory basic training curriculum at a Commission-certified school.
(e) Notwithstanding any provision of subsections (c) or (d), the Commission or its Executive Director may, based upon a review of the training and work history of an individual, and with good cause, require an applicant to undergo any and all training which is required by law or similar statute, or which it deems essential training to fulfill the requirements of this subchapter.
(f) A determination of good standing under this chapter is the responsibility of the employing municipalities, jurisdictions, Federal agencies, or certified schools, and shall be certified to the Commission.
§ 203a.13. Certification as a municipal police officer.
(a) Certification.
(1) Applicants shall meet the requirements of § 203a.11(1)—(4), (6) and (7) (relating to qualifications for attending basic training at Commission-certified schools), pertaining to the qualifications for attending basic police training at Commission-certified schools.
(2) Applicants shall be subject to a thorough background investigation conducted by each police department employing the applicant, regardless of any previously conducted background investigations under this section. The investigation shall include the following:
(i) Documentation of citizenship using Department of Homeland Security, United States Citizenship and Immigration Services form I-9.
(ii) A criminal history check including the submission of fingerprints to the Central Repository for the Commonwealth and to the Federal Bureau of Investigation.
(iii) A check of the applicant's credit history.
(iv) Personal interviews conducted with at least five people who have personal knowledge of the applicant but are not related to the applicant, nor are a member of the applicant's household.
(v) Interviews of the applicant's employers, if any, for the past 5 years to determine the applicant's work history. Consideration may also be given to interviewing the applicant's school director, academy staff or other appropriate academic personnel.
(vi) A check of the applicant's driving record verifying that the applicant has a valid driver's license.
(vii) If the applicant has ever been employed, or is currently employed, as a police officer or other law enforcement official with powers of arrest within this Commonwealth, or in any other state or Federal agency, the applicant's new employing department shall contact any and all of the applicant's previous employers to document the applicant's employment history, including the reason for separation and any factors relevant to the applicant's employment as a municipal police officer.
(3) A report of the background investigation, containing the items listed in paragraph (2), shall be maintained for the duration of the applicant's employment with the police department, and shall be submitted to the Commission upon request.
(4) Applicants shall take and pass the certification examination administered by the Commission at a location and time designated by the Commission. Failure to pass the certification examination after three attempts within a 2-year period from the administration of an applicant's first certification examination, or within 10 years of the completion of the basic police training course, shall result in the applicant being required to take and pass the entire basic police training course to qualify for certification. The schedule for the examinations will be posted on the Commission's web site.
(i) The results of the Commission's certification exam shall be valid for as long as the officer maintains certification, or for a maximum of 2 years after the officer's certification lapses or the officer is suspended. Individuals reapplying for certification after a revocation of certification shall be required to retake and pass the examination. If a revoked individual is granted reinstatement by the Commission, the results of their certification examination shall be valid for a period not to exceed 2 years. If granted recertification, the results shall be valid as long as the officer maintains certification or for a maximum of 2 years after the officer's certification lapses or is suspended.
(ii) Individuals who are not employed as police officers by a police department within this Commonwealth, or do not have a conditional offer of employment from a police department, shall pay an examination fee equal to the actual cost of administering the test, as determined by the Commission. The results of the examination shall be valid for a period of 2 years from the date the examination was administered.
(iii) Applicants who are employed as a police officer by a police department within this Commonwealth or have a conditional offer of that employment shall not pay an examination fee.
(5) Initial certification is valid for no more than 2 years from the date of issuance. Upon the applicant's completion of the Commission's requirements for certification as a police officer, the Commission will supply a written or electronic document evidencing certification to the applicant's employing police department. The document must contain a certification number, the date of issuance, the date of expiration and the name of the employing police department. The initial certification shall expire on June 30th of the odd-numbered year after it was issued.
(6) Certification shall be valid only in the department identified on the document issued by the Commission. Upon suspension or termination of employment by a department, the certification shall be void and the certification document shall be returned to the Commission by the department.
(7) If the certification document has been lost or destroyed, the officer shall provide a notarized statement to the Commission concerning the certification document. Upon receipt of a notarized statement, the Commission will immediately reissue the certification document.
(b) Temporary certification.
(1) The Executive Director is authorized to temporarily certify an applicant pending the Commission's approval.
(2) Written or electronic documentation of the applicant's temporary certification will be sent to the employing police department.
(c) Renewal of certification.
(1) The Commission will issue a renewal certificate only to police officers who have satisfied the mandatory in-service training requirements set forth under § 203a.52 (relating to mandatory in-service training courses). Mandatory in-service training schools shall provide notice to the Commission of all police officers who have successfully completed the mandatory in-service training course, in a manner determined by the Commission.
(2) The Commission shall renew certification every 2 years for police officers completing the mandatory in-service training requirements outlined in § 203a.52, as evidenced by documentation from the police officer's chief and training records maintained by the Commission.
(3) The chief shall maintain copies of cardiopulmonary resuscitation for professional rescuers with an automatic external defibrillation component and first aid certification cards, as well as documentary proof of annual firearms qualification, for every police officer employed by the department, for a minimum of the 2 most recent recertification periods, and shall allow for inspection or provide the same to the Commission upon request. These documents shall be submitted in a form and manner prescribed by the Commission. Proof of annual firearms qualifications shall include the following:
(i) Exact date and time of qualification.
(ii) Each type of weapon used and information regarding the name of manufacturer, model, caliber, serial number and any modifications to the weapon.
(iii) Name of the firearms instructor serving as the range instructor. Firearms instructors may not conduct self-qualifications.
(iv) Actual numeric score for all weapons used during the qualification.
(v) Course of fire used to conduct the qualification.
(d) Inactive status.
(1) A police officer's certification will become inactive when the individual either:
(i) Leaves his employing police department in good standing and is not employed as a certified police officer elsewhere; or
(ii) Fails to complete the mandatory in-service training requirements set forth in § 203a.52(b), unless the police officer has received an extension under § 203a.52(e)(10).
(2) 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, whichever occurs first.
(3) To request reinstatement of an inactive certification, the chief of the employing police department shall submit all of the following:
(i) Proof of valid certification in first aid and cardiopulmonary resuscitation for professional rescuers with an automatic external defibrillation component or equivalent.
(ii) Documentation verifying qualification with all duty firearms.
(iii) Change-of-Status Notice including an attestation that the newly employing chief fulfilled the requirements of subparagraph (a)(2)(vii) of this section.
(iv) Request to complete mandatory in-service training classes, where applicable.
(e) Disqualifying offenses. Applicants and certified police officers shall remain free from conviction of, or being subject to, a disqualifying offense and shall also remain eligible to possess firearms under State and Federal law.
§ 203a.14. Suspension or revocation of certification.
(a) The Commission maintains the right to suspend or revoke a certification after notice and an opportunity to be heard under Subchapter G (relating to notice and hearings) for one or more of the following:
(1) Failure to maintain employment as a police officer under the act.
(2) Failure to possess current certification in first aid and CPR for the professional rescuer with an AED component.
(3) Failure to meet firearms qualification standards as published in the Pennsylvania Bulletin.
(4) Failure to successfully complete annual mandatory in-service training courses as published in the Pennsylvania Bulletin. The municipality or chief may request additional time, generally not exceeding one certification period, for a police officer employed by the department to complete mandatory in-service training requirements as set forth in § 203a.52(e)(10) (relating to mandatory in-service training courses).
(5) Any physical, psychological or other condition that renders the officer unable to perform the essential job functions of a police officer or otherwise renders the officer unfit for duty. If reasonable cause exists to believe that the police officer has a physical, psychological or other condition that renders him unable to perform the essential job functions of a police officer or otherwise renders the officer unfit for duty, the Commission may require an individual to provide additional medical documentation or submit to an examination. The examination shall be conducted by a physician, other qualified medical professional, psychologist or other appropriate expert selected by the Commission. Any costs associated with the examination shall be the responsibility of the police officer's department or political subdivision. A police officer who is directed to undergo an examination shall cooperatively participate in the examination. Failure to comply with this section shall result in the immediate suspension of the police officer's certification until the time as the police officer complies.
(6) Conviction of, or being subject to, a disqualifying offense.
(7) Submission to the Commission of a document that contains false information.
(8) A certification issued in error.
(9) Cheating.
(10) Any ineligibility to possess firearms under State or Federal law.
(11) Any other act or omission that violates the rules and regulations contained in this subchapter.
(b) The chief of the applicant's employing police department shall provide written notification to the Commission when the applicant meets any of the conditions listed in subsection (a). If the certified officer in question is also the chief of the police department, the notification shall be made by the chief's direct supervisor.
(c) The officer may voluntarily surrender the officer's certification instead of suspension or revocation. The Executive Director, on behalf of the Commission, may accept the officer's voluntary surrender of certification with the terms and conditions as deemed appropriate including length of surrender and conditions of reinstatement. Nothing in this section shall be construed to mean that the Executive Director, on behalf of the Commission, is compelled to accept a voluntary surrender of certification instead of suspension or revocation.
§ 203a.15. Application packet submission.
(a) General.
(1) Forms shall be submitted in a manner determined by the Commission.
(2) Forms shall be typewritten or completed in a manner designated by the Commission.
(3) Signatures shall be original or contain an electronic signature recognized under Pennsylvania law.
(b) Application packets. Application packets may be obtained by contacting the Commission. Each application packet shall include:
(1) One application form for certification. The applicant shall truthfully answer all questions and complete the appropriate sections.
(2) Two fingerprint cards—one State Police Applicant Fingerprint Card and one Federal Bureau of Investigation Applicant Fingerprint Card, or the appropriate electronic equivalent.
(i) The fingerprints of the applicant shall be affixed on the fingerprint cards or sent electronically using LIVESCAN.
(ii) Both fingerprint cards shall contain the contributor number PAPSP0100. Criminal fingerprint cards or fingerprint cards not containing the contributor number will not be accepted.
(3) One physical examination form signed by a physician or other qualified medical professional who conducted an examination as required by § 203a.11(6) (relating to qualifications for attending basic training at Commission-certified schools), or if within 2 years of signing by the physician or other qualified medical professional, the physical examination form that was submitted for entry into a basic police training course.
(i) The physical examination form shall be submitted directly to the Commission, regardless of the results of the examination, and a copy shall be submitted to the chief of the applicant's employing police department. Upon request of the Commission or the chief of the applicant's employing police department, a certified school shall make available to the Commission any physical examination form previously submitted as part of the applicant's acceptance into a basic police training course.
(ii) A physical examination conducted in conjunction with police employment shall be valid for a period not to exceed 2 years and may be used in support of any police employment application during that period. If a change in the applicant's physical condition invalidates the prior physical examination, a reexamination shall be necessary.
(iii) This subsection shall not apply to persons who obtain a waiver of training under § 203a.12(c)(2)(i) (relating to training requirements), if the application occurs within 2 years from the date of separation from the State Police.
(4) One audio decibel test form signed by a physician, other qualified medical professional, or audiologist who conducted an examination as required by § 203a.11(6)(vi), or if within 2 years of signing by the physician, other qualified medical professional, or audiologist, the audio decibel test form that was submitted for entry into a basic police training course.
(i) The audio decibel test form shall be submitted directly to the Commission, regardless of the results of the examination, and a copy shall be submitted to the chief of the applicant's employing police department. Upon request of the Commission or the chief of the applicant's employing police department, a certified school shall make available to the Commission any audio decibel test form previously submitted as part of the applicant's acceptance into a basic police training course.
(ii) A decibel audio test conducted in conjunction with police employment shall be valid for period not to exceed 2 years and may be used in support of any police employment application during that period. If a change in the applicant's physical condition invalidates the prior testing, a reexamination shall be necessary.
(iii) This subsection shall not apply to persons who obtain a waiver of training under § 203a.12(c)(2)(i), if the application occurs within 2 years from the date of separation from the State Police.
(5) One visual acuity form signed by a physician, other qualified medical professional, ophthalmologist or optometrist who conducted an examination as required by § 203a.11(6)(v), or if within 2 years of signing by the physician, other qualified medical professional, ophthalmologist or optometrist, the visual acuity form that was submitted for entry into a basic police training course.
(i) The visual acuity examination form shall be submitted directly to the Commission, regardless of the results of the examination, and a copy shall be submitted to the chief of the applicant's employing police department. Upon request of the Commission or the chief of the applicant's employing police department, a certified school shall make available to the Commission any visual acuity test form previously submitted as part of the applicant's acceptance into a basic police training course.
(ii) A visual acuity examination conducted in conjunction with police employment shall be valid for a period not to exceed 2 years and may be used in support of any police employment application during that period. If a change in the applicant's physical condition invalidates the prior examination, a reexamination shall be necessary.
(iii) This subsection shall not apply to persons who obtain a waiver of training under § 203a.12(c)(2)(i), if the application occurs within 2 years from the date of separation from the State Police.
(6) One psychological evaluation form signed by a licensed psychologist who conducted an examination as required by § 203a.11(7), or if within 2 years of signing by the licensed psychologist, the psychological evaluation form that was submitted for entry into a basic police training course. The psychological evaluation form shall be submitted directly to the Commission, regardless of the results of the evaluation and a copy shall be submitted to the chief of the applicant's employing police department. Upon request of the Commission or the chief of the applicant's employing police department, a certified school shall make available to the Commission any psychological evaluation form previously submitted as part of the applicant's acceptance into a basic police training course.
(i) A psychological evaluation specifically conducted in conjunction with police employment may be valid for a period not to exceed 2 years and may be used in support of any police employment application during that period. If a change in the applicant's psychological condition invalidates the prior psychological evaluation, a reevaluation shall be necessary.
(ii) This subsection shall not apply to persons who obtain a waiver of training under § 203a.12(c)(2)(i) herein, if the application occurs within 2 years from the date of separation from the State Police.
(7) Applicants shall certify whether they have had a physical or psychological evaluation conducted in conjunction with an application for police employment or admission to a Commission-certified school within the previous year and the outcome of the examination or evaluation.
(c) Submission of packets. Application packets shall be submitted by the chief of the applicant's employing police department when an officer must attend basic police training or when a waiver of training is requested. Applications require the signature of the chief. If the chief is the applicant, this application shall require the signature of the chief's direct supervisor.
§ 203a.16. Additional medical review.
If reasonable cause exists to believe that the individual does not meet the medical, psychological, physical or other similar requirements of this subchapter, the Commission may, at any time prior to certification, require an individual to provide additional medical documentation or submit to an examination by a physician, other qualified medical professional, psychologist or other appropriate expert selected by the Commission, at the individual's expense. If the results of the examination reveal the individual does not meet the requirements of this subchapter, the individual shall be ineligible for certification until such time as the individual can meet the requirements.
Subchapter C. SCHOOL REQUIREMENTS Sec.
203a.31. Eligibility for school certification. 203a.32. School certification. 203a.33. Minimum school standards and requirements. 203a.34. School inspections. 203a.35. Emergency suspension of school certification. 203a.36. Suspension or revocation of school certification. 203a.37. Authority of the Executive Director. § 203a.31. Eligibility for school certification.
(a) The Commission will promote the most efficient and economical program for police training by utilizing existing facilities, programs, and qualified State, local and Federal police personnel. The Commission will determine the need for police training schools by:
(1) Considering the police population in the area.
(2) Determining if there is adequate police training available to support the police population.
(3) The number of graduates obtaining employment within the specified geographic area of the Commission-certified school.
(b) The school shall hire a school director or identify an interim school director meeting the standards for school directors as established in § 203a.33(a)(2) (relating to minimum school standards and requirements).
(c) Schools with multiple teaching sites shall appoint an onsite coordinator, approved by the Commission, to oversee the daily operation of the site in the absence of the school director.
(d) Until the Commission determines that additional schools are required, only those schools in existence and Commission-certified on or before January 1, 2014, shall be eligible for Commission certification.
§ 203a.32. School certification.
(a) If the Commission determines there is a demonstrated need for additional schools and programs for police training, applications for initial school and training course certification will be accepted from all potential schools. The Commission may limit applications from potential schools to those within a geographic area that has been identified as not having adequate available police training in accordance with § 203a.31(a) (relating to eligibility for school certification).
(b) Schools applying for initial school and training course certification shall:
(1) File an application for approval with the Commission in a form and manner determined by the Commission, which shall be signed by the proposed school's director or the head of the educational institution.
(2) Meet the requirements in § 203a.33 (relating to minimum school standards and requirements).
(c) Commission approval will be as follows:
(1) Upon receipt of an application, the Executive Director will designate Commission inspectors to inspect the facilities of those eligible entities applying for certification. The Commission inspectors shall prepare a report indicating which entities meet the minimum Commission standards. The report, along with all appropriate documentation, shall be presented by the Executive Director to the Commission for final review.
(2) The Commission will review the application and inspection reports of the committee and certify those schools which meet the minimum standards of the act and this subchapter, and which promote the policy in § 203a.31(a)(1)—(3).
(3) The Commission may limit the number of schools it will certify to only those necessary and best qualified to support the police population within the geographic area.
(d) Certification of approved schools, facilities and training courses will be as follows:
(1) If the Commission determines that the application of the school and course complies with the act and this subchapter, the Executive Director, in the name of the Commission, will affix a certification number to the approved application and the corresponding approval. This certification number will have the prefix MPS, for municipal police school. The certification number will be issued Statewide in numerical sequence, starting with 0001.
(2) If the Commission determines that the school does not meet the requirements of the act and this subchapter, the Executive Director will notify the school by first class and certified mail, return receipt requested, of the reasons upon which the determination is based under Subchapter G (relating to notice and hearings). The school may request a hearing regarding the determination in accordance with Subchapter G.
§ 203a.33. Minimum school standards and requirements.
(a) A school shall meet and maintain the following standards:
(1) A school shall comply with applicable Federal, State or local statutes, ordinances, rules and regulations.
(2) A school shall have a school director approved by the Commission, or identify an interim school director, who meets all of the following criteria:
(i) The school director shall meet either of the following:
(A) Possess a bachelor's or higher degree in criminal justice, public administration, education or related field.
(B) Be a graduate of the Federal Bureau of Investigation National Academy, the Southern Police Institute Administrative Officers Course, the Law Enforcement Instructor Training Course of the Federal Law Enforcement Training Center, the Northwestern University Staff and Command School, or another law enforcement training program approved by the Commission. A list of any other Commission approved training programs will be published in the Pennsylvania Bulletin.
(ii) A school director shall have either of the following:
(A) Ten years law enforcement experience including 5 years at a command level directly supervising police officers.
(B) Other law enforcement related experience as deemed appropriate by the Commission on a case specific basis.
(iii) School directors shall possess at least 2 years of experience as a police or adult education instructor.
(iv) A school director shall be free from conviction of, or being subject to, a disqualifying offense.
(v) A school director approved by the Commission prior to the effective date of this regulation shall not be subject to provisions of subparagraphs (i)—(iii), but shall be subject to the conditions of subparagraph (iv).
(3) School buildings shall meet all applicable public safety standards in the Uniform Construction Code as well as all applicable Federal, State and local laws or ordinances.
(4) A comfortable temperature and proper ventilation shall be maintained in all classrooms.
(5) Noise shall be controlled so that each student can hear all instruction.
(6) Smoking shall be prohibited in any training facility authorized, approved or funded by the Commission, except in Commission-approved outdoor smoking areas.
(7) Artificial lighting facilities shall provide an adequate light intensity in all rooms used for instructional purposes, dormitory or study facilities.
(8) The drinking water facilities shall conform to all applicable Federal, State and local laws, regulations and ordinances.
(9) There shall be separate, properly ventilated toilet and lavatory facilities for males and females. There shall be a sufficient number of flush toilets for females and a sufficient number of urinals and flush toilets for males. Each bathroom shall have at least one sink.
(10) Accommodations shall be made for separate male and female changing or shower facilities, or both, as required by the Commission.
(11) The furniture, equipment and supplies of the school shall be of a type, quality and amount necessary for the training required by this Chapter and meet with the approval of the Commission.
(12) Sufficient space for each student and the completion of all learning objectives shall be available in the classrooms.
(13) Dining facilities, kitchens, dormitory facilities and recreational facilities shall comply with the construction and maintenance requirements prescribed for the facilities by the governmental authority having jurisdiction.
(14) 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 offsite facility, which must be the nearest available facility. At a minimum, the school, offsite facility, or both, shall contain the following:
(i) An Isokinetic weight machine or sufficient free weights to conduct strength training.
(ii) A Commission-approved measured running course for conducting assessments and testing.
(iii) A minimum of 1 baton for every 2 students.
(iv) A minimum of 1 pair of handcuffs for every 2 students.
(v) A stopwatch or chronograph.
(vi) Sufficient protective equipment and mats to facilitate defensive tactics and ground fighting, as required by the basic police training curriculum.
(vii) Additional exercise equipment related to physical conditioning training which may include stationary bicycles, treadmills, elliptical machines and rowing machines.
(viii) Other equipment required by the curriculum.
(15) A Commission-approved firing range shall be available to the school and used for firearms training. The range does not have to be a part of the school facilities, but shall be within a reasonable traveling distance from the school. The range shall be able to accommodate the requirements of the firearms training curriculum. The range shall present no apparent danger to the public as determined by the Commission inspector when considering, without limitation, factors such as location, size, proximity to population, construction, design and use of the proposed range. The firing range must also comply with all applicable State, Federal and local laws and regulations.
(i) The school shall ensure that weapons utilized in this portion of training are safe. A minimum of .38 caliber or 9mm auto caliber with a capacity of at least 6 rounds of ammunition shall be required for firing.
(ii) A weapon may not be utilized during the training program that is not normally carried by police officers while on duty. At the discretion of the firearms instructor, students working for departments that utilize unconventional weapons shall utilize a more conventional weapon for training purposes. If the student is employed by a police department during basic police training, and qualifies with the weapon he will use upon assuming the duties of a police officer, no further qualification is required during the calendar year for certification purposes. Otherwise, upon the student's successful completion of the training program, the student's employing police department shall also qualify the student with his duty weapons prior to assuming duties as a police officer.
(iii) The school may refuse to allow the use of a weapon that the firearms instructor determines to be altered, modified, unsafe, inadequate or not appropriate for police training.
(iv) The school shall maintain adequate supplies of common ammunition utilized in law enforcement handguns, shotguns and rifles for training programs.
(v) The school may not permit any participation or activity in firearms training that violates the Pennsylvania Uniform Firearms Act of 1995, 18 Pa.C.S. Chapter 61, Subchapter A (relating to Pennsylvania Uniform Firearms Act of 1995) or any applicable Federal, State or local laws.
(vi) The school may not utilize students in a training program to reclaim lead from impact areas at any police firearms course, nor may students be involved in any range construction projects whereby they may be exposed to lead or other toxic substances.
(16) A sufficient number of parking spaces shall be available to accommodate the students, staff and visitors of the school whether at the firing range, classroom facilities, physical fitness facilities or any other location used to conduct Commission-certified training.
(17) Audio/visual equipment shall be available to present the curriculum prepared by the Commission. The equipment shall include:
(i) Multimedia equipment.
(ii) Projection screens or another appropriate projection surface.
(iii) An audio visual system capable of playing all media associated with the basic training or in-service training curriculum.
(iv) Television monitors allowing all classroom participants to sufficiently view any training video from any seat in the classroom.
(v) A chalk board, or equivalent.
(18) Equipment, facilities, supplies, books, and the like, shall be maintained in a clean, safe and proper working condition.
(19) The school shall only teach the Commission-approved curricula and courses as provided for under this Chapter.
(20) The school shall only admit students to the basic police training course who are identified as being eligible for attendance under § 203a.11 (relating to qualifications for attending basic police training at Commission-certified schools).
(21) The school shall conduct a check of the student's driving record and verify that the student has a valid driver's license.
(22) The school shall report any injury requiring professional medical attention to the Commission within 48 hours on a form prescribed by the Commission.
(23) The school shall utilize a Commission-approved location for conducting emergency vehicle operation training, utilizing the nearest available facility. Travel to and from this location shall not count towards the number of hours required by the curriculum.
(b) In addition to subsection (a), the school shall comply with the following requirements:
(1) Conduct at least one basic police training course every 3 years the school is certified.
(2) Submit a training calendar to the Commission, in a form and manner prescribed by the Commission, containing dates and class size for each basic training course to be conducted during the fiscal year. The calendar shall be received by the Commission by June 1st of each year. The school shall submit any changes to the calendar to the Commission within 5 business days of making the changes.
(3) Receive, acknowledge and update curriculum and training policies as directed by the Commission.
(4) Prepare and update all class schedules.
(5) Establish a records management system for all Commission records which shall include admittance applications, criminal history checks, class rosters, attendance, academic grades, physical fitness assessments, firearms skills checklists, firearms scores, student misconduct reports, student critiques of course content and a list of instructors.
(6) Develop and submit to the Commission, rules, including discipline, for student conduct, school operation and instructor standards. The school shall enforce these rules uniformly.
(7) Develop and update detailed written standards for application procedures, including a statement about the maximum enrollment the school can accommodate.
(8) Prepare a current list of tuition charges for all students attending the basic training program.
(9) Utilize only certified instructors as described in Subchapter E (relating to instructor certifications).
(10) Prepare and update, quarterly, the roster of certified instructors and the areas of their certification.
(11) Prohibit instructors from teaching more than 25% of the total hours of any one Basic Police Training Course.
(12) Provide to the Commission, in a form and manner prescribed by the Commission, a student roster, a copy of tentative weekly class schedules, including dates, times, locations, instructors, subjects, by the first day of a basic training program. Changes to the schedule provided shall be submitted to the Commission within 5 business days of making the changes.
(13) Comply with testing procedures prescribed by the Commission. The Commission will publish a notice on the Commission's public web site of the testing procedures and any updates.
(14) Obtain the required textbooks, supplemental textbooks, movies, videos or any other educational aids that are listed as necessary in the curricula prepared by the Commission.
(15) Have instructors inform students taking an examination of the Commission policy and requirements under § 203a.54 (relating to Commission cheating policy) prior to administering a written examination.
(16) Retain the following records for a minimum of 75 years:
(i) Class rosters.
(ii) Attendance.
(iii) Academic grades.
(iv) Firearms scores.
(v) Firearms skills checklists.
(vi) Physical fitness assessments and test scores.
(vii) Course content.
(viii) Class schedule with assigned instructor.
(ix) Any other records deemed appropriate by the Commission.
(17) Comply with the Commission's written directives concerning documents authorized for release under subpoena or a Right-to-Know Law request under the Right-to-Know Law (65 P.S. §§ 67.101—67.3104).
(18) Submit to a physical inspection of records by any Commission inspector. Facilities, areas, items and documents identified within this subchapter may be inspected at any time by any Commission inspector. Records required by this subchapter may be inspected, viewed and copied at any time. The Commission may require originals or copies of these documents be provided upon prior notice to the school.
(c) At the beginning of the basic police training course, the school must submit, in a form and manner determined by the Commission, a roster to the Commission containing the names of the students enrolled, the results of their initial physical fitness assessment, and the beginning and ending dates of training. Within 5 business days of the conclusion of the basic police training course, the school must submit a roster to the Commission indicating whether each student successfully completed the course and listing each student's grades in each block of instruction. For any student who did not successfully complete the course, the school shall provide the Commission with a detailed explanation.
(d) A proposed change in the location of an approved school, or any other approved location and or facility, shall be reported to the Executive Director at least 30 days before the move. The Executive Director will schedule an inspection of the school's new location within 30 days after notice of intent to move. Schools shall not conduct operations at the proposed location until after the completion of the inspection and the tentative approval of the Executive Director.
(1) If a fire marshal, an inspector from the Department of Labor and Industry, or other legal authority deems the new location satisfactory, the Executive Director may give tentative approval of the new location.
(2) 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 subchapter, final approval for the move shall be voted upon by the Commission.
(3) If final approval is given for the new location, certification to conduct training at the previous location will automatically be rescinded.
§ 203a.34. School inspections.
(a) Frequency of inspections.
(1) Commission inspectors will conduct an initial inspection 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 biennially. A Commission inspector may conduct an inspection of an approved school at any time to ensure and verify compliance with these regulations, the act, and any other applicable law. An inspection may include review of the following:
(i) records,
(ii) equipment,
(iii) facilities owned or contracted,
(iv) vehicles,
(v) ranges,
(vi) driving tracks.
(3) The school shall meet the minimum school standards in § 203a.33 (relating to minimum school standards and requirements).
(b) Commission inspectors. For the purpose of school inspections, the following may be a Commission inspector:
(1) A Commission member.
(2) A full-time staff employee, designated by the Executive Director.
(3) Other contractual personnel employed by the Commission to conduct school inspections.
(4) Any other person, as approved by the Executive Director, whose subject matter expertise may be required to evaluate the school.
§ 203a.35. Emergency suspension of school certification.
(a) If a Commission inspector determines that one or more of the following conditions exist at a school, the Executive Director, on behalf of the Commission, may immediately suspend the school's certification:
(1) The condition presents a clear and present danger to the public, students or staff of the school.
(2) The condition would cause the students not to receive training required by the act and this chapter.
(3) The school director does not meet the requirements in § 203a.33(a)(2) (relating to minimum school standards and requirements).
(4) An instructor is subject to suspension or revocation under § 203a.73 (relating to suspension or revocation of instructor certification).
(5) Failure to admit Commission inspectors to a certified school, or other site where Commission-sponsored training is being conducted.
(6) Failure to cooperate with an administrative investigation being conducted on behalf of the Commission. Failure to comply with § 203a.33(b)(18) shall be deemed as a failure to cooperate with an administrative investigation.
(b) The Executive Director shall provide the school with the reason for emergency suspension as soon as possible, but in no event later than 15 business days from the date of the emergency suspension. Within 30 business days of an emergency suspension, the Executive Director will provide the school with an opportunity to be heard. At the time as the conditions leading to emergency suspension are remedied, the certification shall be immediately restored.
(c) Nothing in this section shall prevent the Commission from also seeking suspension or revocation of a school's certification under § 203a.36 (relating to suspension or revocation of school certification).
§ 203a.36. Suspension or revocation of school certification.
The Commission may, after notice and hearings in compliance with Subchapter G (relating to notice and hearings), suspend or revoke the certification of a school for any of the following reasons:
(1) Failure to comply with minimum school standards or any other standard or requirement of this subchapter.
(2) Submission of a known false or fraudulent document or information or allowing the submission of known false or fraudulent documents or information to the Commission.
(3) Subcontracting of police training to another noncertified entity.
(4) Failure to comply with any settlement agreement entered into under § 203a.37 (relating to authority of the Executive Director).
(5) Failure to conduct one basic police training course every 3 years the school is certified.
(6) Failure to correct deficiencies discovered during school inspections required by § 203a.34 (relating to school inspections), after proper identification and notification to the school director by the Executive Director.
(7) Failure to properly administer a course or maintain the confidentiality of all examinations.
(8) Failure to cooperate with an administrative investigation being conducted by the Commission.
(9) Failure to admit Commission inspectors to the school or other site where Commission sponsored training is being conducted.
(10) Any other action or omission which constitutes a violation of the act or regulations, or any other applicable Federal, State or local law.
§ 203a.37. Authority of the Executive Director.
At any time prior to or following the commencement of a suspension or revocation action, but prior to the issuance of the hearing officer's recommendation, the Executive Director is authorized to, on behalf of the Commission, enter into a voluntary settlement agreement with a certified school under the conditions and requirements as the parties deem appropriate.
Subchapter D. COURSE REQUIREMENTS Sec.
203a.51. Basic police training course curriculum. 203a.52. Mandatory in-service training courses. 203a.53. Nonmandatory in-service training courses. 203a.54. Commission cheating policy. § 203a.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 reserves the right to determine the course content of each area. The basic police training course curriculum shall include instruction in the following areas:
(1) Pennsylvania criminal law.
(2) Pennsylvania Rules of Criminal Procedure.
(3) Pennsylvania Vehicle Code.
(4) Special needs, medical and behavioral issues.
(5) Community policing—problem solving.
(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 for the professional rescuer with an AED component.
(16) Operation of patrol vehicle.
(17) Ethics.
(18) Diversity and sensitivity training.
(19) Homeland security.
(20) Drug law enforcement.
(21) Electronic crimes.
(22) Other subjects related to basic police training.
§ 203a.52. Mandatory in-service training courses.
(a) Mandatory in-service training is required of a certified police officer.
(b) Mandatory in-service training shall consist of continuous police skills and academic requirements.
(1) Continuous police skills requirements shall consist of the following:
(i) Annual qualification on a police firearms course, as determined by the Commission. This annual qualification shall be required for all firearms authorized for on-duty use, including personal firearms carried instead of issued firearms or as a second or backup firearm. A firearm shall not be carried on duty for which an officer is not qualified. The Commission will provide notice of the annual qualification requirement.
(ii) Maintenance of first aid and cardiopulmonary resuscitation for the professional rescuer with an automatic external defibrillation component certifications as determined by the Commission. Any course required herein must be approved by the Department of Health; the Commission will provide notice of the approved certifications.
(2) Academic in-service requirements shall consist of at least 12 credited hours of annual training as determined yearly by the Commission. The Commission will provide notice of the course descriptions and specific hours.
(c) The Commission will evaluate law enforcement training courses to determine equivalency to mandatory in-service training course requirements. The Commission will provide notice of approved training courses, no later than September 30 of each year. The Commission may require completion of any mandatory in-service training course regardless of the completion of approved equivalency training, during the calendar year, in accordance with 53 Pa.C.S. § 2164(6) (relating to powers and duties of commission).
(d) Noncertified law enforcement officers may, at the request of their employing agency, attend mandatory in-service training sponsored by the Commission at the sole and absolute discretion of the Commission.
(e) The administration of mandatory in-service training shall be governed by the following:
(1) The courses must be taught by an instructor as authorized in § 203a.72 (relating to certification requirements), except for Commission approved online training or equivalent.
(2) Each school shall submit, in a form and manner prescribed by the Commission, a training calendar to the Commission prior to the beginning of each quarter of the calendar year. Course title, dates of training, time of classes, name of instructor and specific location shall be included in the calendar.
(3) Maximum class size for mandatory in-service courses will be established by the Commission and based on course content and teaching methods.
(4) Mandatory in-service training courses are subject to inspection by a Commission inspector.
(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. A fee may not be charged to these individuals for any program paid for by the Commission.
(6) Only examinations provided by the Commission will be used to determine successful completion of academic requirements for these courses. Minimum passing scores shall be determined by the Commission for each examination. The Commission will provide notice of the minimum passing score for each examination.
(7) An individual failing to pass the examination at the end of a course shall be given the opportunity for reexamination. The reexamination shall be in the same format as the original examination, but shall be a different version of the examination. If an individual fails the reexamination, a written notice of failure shall immediately be sent by the certified school by means of first class and certified mail, return receipt requested, to the Commission, the employing municipality(ies), and the individual must retake the entire course as directed by the Commission.
(8) Any certified school, and any course instructor or online training provider who administers mandatory in-service training courses, shall be responsible for proper administration of the courses, as well as the security of the examinations. Any certified school or course instructor found in violation of this section may have its certification suspended or revoked in accordance with § 203a.36 (relating to suspension or revocation of school certification) or § 203a.73 (relating to suspension or revocation of instructor certification).
(9) Newly certified police officers may not be required to participate in the mandatory in-service training courses in the year in which they are certified.
(10) A municipality or chief may request extensions of time from the Commission, in accordance with the act, for officers unable to complete in-service training enumerated within the time frame. The request shall be filed with the Commission and include justification for the extension.
(i) The municipality or chief may apply for a waiver of the time restriction for a line-of-duty connected injury or disability. This waiver application shall include appropriate medical documentation demonstrating the officer's ability to return to full duty status without accommodation. Applications for a waiver must be approved by a majority vote of the Commission. Should a police officer's chief fail to request a waiver, as required under this subsection, the police 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.
(ii) The municipality or chief shall provide proof of military deployment or military activation preventing the completion of mandatory in-service requirements for any year within the certification period as provided by 53 Pa.C.S. § 2167(d) (relating to police training) and 51 Pa.C.S. § 7502 (relating to retention of licenses and certifications of persons entering military service), and upon return, individuals must complete all in-service training required by the Commission, unless exempted.
(11) Nothing in this subchapter shall be interpreted to prohibit the Commission from approving online training, or its equivalent, as part of mandatory in-service training.
§ 203a.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 may 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 may 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 shall adhere to the standards for training established by the Commission while receiving any Commonwealth funds under the act and this subchapter.
(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 Executive Director, 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 are as follows:
(1) Only courses approved by the Commission will be eligible for nonmandatory in-service training grants. Payments made to municipalities under 53 Pa.C.S. § 2170 (relating to reimbursement of expenses) shall be limited to funds available and shall be made on a pro rata basis.
(i) The Commission has the discretion to approve or disapprove any proposed course, based upon law enforcement requirements.
(ii) Approved courses will be published on the Commission's public web site.
(2) Courses with less than 12 or more than 40 police officers enrolled will not be approved for nonmandatory in-service training grants. At the discretion of the Executive Director or by a majority vote of the 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.
(4) The Commission may 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 cardiopulmonary resuscitation for the professional rescuer with an automatic external defibrillation training.
(c) Nonmandatory in-service training grant requests in the amount of $3,000 or less may be approved by the Executive Director with the concurrence of the Budget Committee.
(1) The Budget Committee chairperson has the authority to convene a Committee meeting for reviewing grant requests. The Committee may not act on any grant request unless at least three Committee members are present at the meeting.
(2) The Budget Committee members will 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 Budget Committee chairperson will formally report actions 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 Training Committee will review every request and make a recommendation to the Commission.
(1) The chairperson of the Training Committee will formally report the recommendation of the Committee, including any dissenting or minority statements, to the Commission prior to the Commission's final decision on the grant request.
(2) The Commission members will vote to either approve or deny each grant request based on the Training Committee's recommendations, the information presented and the standards established by this chapter.
(e) The Executive Director will notify the political subdivision in writing of the Commission's determination concerning the grant request. Notice will be forwarded to the requesting political subdivision by first class and certified mail, return receipt requested.
§ 203a.54. Commission cheating policy.
(a) The contents of all examinations are confidential. An individual may not cheat.
(b) Prior to administering an examination, the instructor or test administrator shall inform students taking the examination of the Commission's cheating policy. The instructor shall ensure all students taking the examination read and acknowledge, in writing, this policy. All testing materials, including tests, answer sheets and any similar materials subject to this policy, shall be retained for all basic and in-service testing for a period of no less than 2 years.
(c) Written notice of a cheating allegation shall be sent to the individual and the Commission by the school director within 2 business days of when the instructor or school director becomes aware of the alleged violation.
(d) The Commission will investigate an alleged act of cheating.
(e) The Executive Director may bar an individual not certified by the Commission from further participation in any Commission training or testing for violation of this section.
(f) An individual certified by the Commission who is found to have violated this section shall be subject to a suspension or revocation of the individual's certification after receiving notice and having the opportunity to be heard under Subchapter G (relating to notice and hearings). The hearing officer shall provide findings of facts, conclusions of law, and recommendations regarding the appropriate penalty to the Commission. The Commission will review the hearing officer's findings, conclusions and recommendations, and may accept, reject, or modify the same as appropriate. The Commission will issue a final order in accordance with Subchapter G.
Subchapter E. INSTRUCTOR CERTIFICATIONS Sec.
203a.71. General. 203a.72. Certification requirements. 203a.73. Suspension or revocation of instructor certification. § 203a.71. General.
(a) Certifications will be reviewed and approved by the Commission and issued by the Executive Director.
(b) Instructor certifications issued under this subchapter are for the sole purpose of identifying those qualified to teach in police training courses certified by the Commission. No individual may provide instruction in any Commission-certified course, or portion thereof, unless the individual has received certification in accordance with this subchapter.
(c) The instructor application procedure is as follows:
(1) The Commission will determine the form and manner for application for instructor certification. Application forms may be obtained from the Commission's public web site or by contacting the Commission.
(2) Approved school directors shall submit application packets for instructor certification on behalf of their instructors in a manner determined by the Commission. Only applications for individuals employed by a certified school will be accepted by the Commission.
(3) Documentary proof shall accompany each application verifying satisfaction of the requirements for certification including required degrees contained under § 203a.72 (relating to certification requirements).
(4) Prior to submission of the application, the school director shall interview an applicant, at which time the director shall review the supporting documentation to be submitted with the application. The school director shall certify that the information contained in the application is true and correct to the best of the school director's knowledge and meets the requirements of this subchapter.
(5) An applicant may not have been convicted of, or subject to, a disqualifying offense.
§ 203a.72. Certification requirements.
Police training instructors:
(1) Types. The Commission will certify the following two types of police training instructors:
(i) General instructors. An instructor eligible to teach any course other than a course as described under subparagraph (ii).
(ii) Special instructors. An instructor eligible to teach any of the following courses: first aid, CPR for the professional rescuer with an AED component, firearms, physical conditioning, application of force, patrol vehicle operation or mandatory in-service training.
(2) Qualifications.
(i) 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. A Commission-approved instructor development course must consist of a minimum of 40 hours of instruction. A listing of approved courses will be published in the Pennsylvania Bulletin.
(B) Have 5 years police experience, or have an associate's degree and 4 years police experience, or have a bachelor's degree and 3 years police experience. The applicant shall provide transcripts for submission with the application for instructor certification, as verification of degree(s) conferred.
(C) Acknowledge and abide by an Instructor Code of Conduct, as established by the Commission.
(ii) Attorneys licensed to practice law in this Commonwealth do not need to meet the requirements of subparagraph (i)(A) or (B).
(iii) For an instructional area which requires special professional education, certification, licensure or other subject matter expertise, the Executive Director may certify an individual as an instructor for that specific instructional area only. An instructor does not need to meet the requirements of subparagraphs (i)(A) or (i)(B). The Executive Director, in the Executive Director's sole and absolute discretion, may deny or rescind the certification.
(iv) To obtain certification as a special instructor, an applicant shall provide documentation evidencing the special requirements listed for each course or program, and acknowledge and abide by an Instructor Code of Conduct, as established by the Commission:
(A) First aid and CPR for the professional rescuer with AED component. An applicant shall possess current instructor certification for:
(I) for CPR for the professional rescuer with an AED component, or its equivalent; and
(II) first aid issued by
(-a-) the American Red Cross,
(-b-) the American Heart Association,
(-c-) the Department of Health, or
(-d-) other agency approved by the Department of Health.
(B) Firearms. An applicant shall 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. Firearms instructors shall also provide documentation of their successful completion of a Commission approved instructor development course as described in subparagraph (i)(A).
(C) Physical conditioning. An applicant shall provide documentation of successful completion of a Commission approved instructor development course, as described in subparagraph (i)(A), and training or education which evidences expertise as a physical conditioning instructor.
(D) Application of force. An applicant shall provide documentation of successful completion of a Commission approved instructor development course, as described in subparagraph (i)(A), and training or education which evidences expertise as a defensive tactics instructor.
(E) Patrol vehicle operation. An applicant shall provide documentation of successful completion of a Commission approved instructor development course, as described in subparagraph (i)(A), and an instructor's course in emergency vehicle operation or police driver proficiency.
(F) Mandatory in-service training. To obtain special instructor certification as a mandatory in-service training instructor, an applicant shall:
(1) Be employed by a certified basic training school and be nominated by the certified school's approved school director.
(2) Be certified as a general police training instructor in the area of instruction he will present, or satisfy one of the following:
(I) If not currently a general police training certified instructor, but eligible for certification, an application for instructor certification under § 203a.71(c)(2) (relating to general) 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 expire upon the approval of the Commission or the adjournment of the second Commission meeting following issuance of the temporary certification, whichever occurs first. Temporary certificates are not renewable.
(II) If a course is offered in mandatory in-service training that is not comparable to a course offered in the basic police curriculum, the Executive Director will determine requirements for selection as an instructor for that course.
(3) Have successfully completed a Commission instructor training workshop for the courses in which certification is sought. Application for certification as a general police training instructor shall be submitted to the Commission and approved by the Commission or its designee prior to attending any instructor training programs. The Executive Director will determine attendance policies for the instructor training workshops and is authorized to reject any nomination for admittance to the workshops.
(4) Mandatory in-service instructor certification is valid only for one calendar year from the date of issuance. The instructor must be re-nominated, in accordance with subparagraph (1), each year for certification as a mandatory in-service training instructor. The Executive Director may temporarily authorize an instructor to teach make-up mandatory in-service training courses.
(3) Renewal and lapse of police training instructor certification.
(i) Police training instructor certification, with the exception of mandatory in-service training instructor certification, shall be valid for 2 years and each certificate shall contain an expiration date. An instructor shall not be permitted to teach without a current certificate.
(ii) Police training instructor certification, with the exception of mandatory in-service training instructor certification, will be renewed automatically by the Commission if the certified instructor has satisfied both of 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 they are certified, as evidenced by the records of a certified school which shall 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 prior to any lapse in certification.
(iii) Failure to satisfy subparagraph (ii) shall prevent renewal of the instructor certification and cause the certification to expire. A lapsed certification may not be renewed and to regain certification, the school shall submit an application on behalf of the individual as a new instructor.
(iv) If the Executive Director has determined that the qualifications for certification have been met, the Executive Director may issue a temporary certification which shall expire upon the approval of the final certification by the Commission or the adjournment of the second Commission meeting following issuance of the temporary certification, or whichever is first. Individuals applying for certification after a revocation shall not receive temporary certification. Certification of a reinstated instructor requires a majority vote by the Commission.
§ 203a.73. Suspension or revocation of instructor certification.
(a) The Commission may suspend or revoke any instructor certification for any of the following circumstances after notice and opportunity to be heard under Subchapter G (relating to notice and hearings):
(1) Conviction of, or being subject to, a disqualifying offense.
(2) Conduct which violates the Instructor Code of Conduct as required under § 203a.72(2)(C) (relating to certification requirements).
(3) Failing to present the full curriculum or program.
(4) Teaching improper or incorrect material or not presenting the Commission-approved program.
(5) Cheating, failing to report cheating to the Commission, or aiding another instructor or student to cheat as defined in section 203a.1 (relating to definitions).
(6) Inadequate preparation for class which materially affects the instructor's ability to properly present or convey the course material.
(7) Being intoxicated or impaired in class.
(8) Using inappropriate language.
(9) Known falsification of a document submitted to the Commission, or submission to the Commission of a document knowing it to contain false information. Documents or information may include without limitation: 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.
(10) Use of instructor certification for an unauthorized purpose.
(11) Termination of the instructor for any reason by a certified school.
(12) Failure to maintain the required qualifications for police training instructor certification.
(13) Any other act or omission that violates the rules and regulations of this subchapter or any other Federal, State or local law.
(b) The Commission shall have the discretion to suspend or revoke an individual's special instructor certification without impacting the individual's general instructor certification. Suspension or revocation of a general instructor certification shall also result in the same penalty to the individual's special instructor certification.
(c) Upon notification that Commission staff is investigating an instructor and reasonably believes the instructor to be in violation of a provision under subsection (a), the instructor may voluntarily surrender his certification instead of suspension or revocation. The Executive Director, on behalf of the Commission, may accept the instructor's voluntary surrender of certification with the terms and conditions he deems appropriate, including length of surrender and conditions of reinstatement. Nothing in this section shall be construed to mean that the Executive Director, on behalf of the Commission, is compelled to accept a voluntary surrender of certification instead of suspension or revocation.
Subchapter F. REIMBURSEMENT OF EXPENSES Sec.
203a.81. Basic training. 203a.82. Mandatory in-service training. 203a.83. Grants for nonmandatory in-service training programs. § 203a.81. Basic training.
(a) The Commission will reimburse each political subdivision for allowable tuition and expenses incurred by their police officers while attending certified basic police training, if the political subdivision adheres to the training standards established by the Commission. Payments made to municipalities under 53 Pa.C.S. § 2170 (relating to reimbursement of expenses) shall be limited to funds available, and shall be made on a pro rata basis. 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 one 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 Commission-approved tuition rate is 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 all 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 will 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, will 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 political subdivision may not be reimbursed for the basic training of a police officer if reimbursement has previously been made or claimed for the same police officer by a political subdivision.
(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 reasons for the Commission's action.
§ 203a.82. Mandatory in-service training.
(a) The Commission will reimburse schools certified by the Commission in the form of tuition as provided in 53 Pa.C.S § 2170(e)(1) and (2) (relating to reimbursement of expenses).
(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 on the Commission's public web site and will 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. Payments made to municipalities under 53 Pa.C.S. § 2170 shall be limited to funds available, and shall be made on a pro rata basis.
(c) The Commission will only reimburse a school for a police officer to attend a course one time. The school shall submit invoices of all police officers who have attended the mandatory in-service training course to the Commission within 30 days of the course's completion.
§ 203a.83. Grants for nonmandatory in-service training programs.
(a) The Commission may provide grants only for actual expenses, in whole or in part, 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. Expenditures for necessary items.
(ii) Services. 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 will not exceed 5% of the total grant amount unless otherwise approved by the Commission or Budget Committee. This expenditure may not exceed 10% of the total grant amount.
(2) The Commission may approve additional expenditures not explicitly provided for in this chapter upon request. Expenses which are not approved by the Commission shall be borne by the political subdivision providing the training program. Law enforcement officers employed by a law enforcement agency not eligible for reimbursement under the act may attend nonmandatory in-service training courses after the law enforcement agency pays the tuition established for the course to the Commission.
(b) The Commission may establish the maximum amount of funds which may be granted to each county for providing nonmandatory in-service training to police officers. The allocation will be based on the number of police officers employed in the county.
(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) 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 may 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 upon discovery. A political subdivision which fails to comply with the Commission's demand for the return of funds in accordance with this section 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.
203a.101. Scope. 203a.102. Notice. 203a.103. Hearing procedures. § 203a.101. Scope.
Under 1 Pa. Code § 31.1 (relating to scope of part), 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure) is applicable to the proceedings of the Commission, unless it is inconsistent with this subchapter.
§ 203a.102. Notice.
(a) The Commission will forward in writing by certified mail, return receipt requested, to the certified police officer, certified instructor or certified school adversely affected by an action of the Commission, a notice specifying the reasons for the Commission's action.
(b) A certified police officer, certified instructor or certified school given notice of an adverse action by Commission staff may file a written request for a hearing within 15 days after receipt of the notice. The date of receipt of the request by the Commission and not the date of deposit in the mail is determinative of a timely request for a hearing.
§ 203a.103. Hearing procedures.
(a) The Commission will schedule a hearing and send notice of the hearing to all parties to the proceedings. Unless another location is designated by the Commission, the Commission will hold hearings at its offices in Harrisburg, Pennsylvania.
(b) A hearing examiner will be appointed to preside at the hearing by:
(1) the Chairman of the Commission; or
(2) in any other reasonable manner as determined by the Commission.
(c) The Commission will review the hearing officer's findings of fact, conclusions of law, and recommendations, and may accept, reject, or modify the findings of fact, conclusions of law, and recommendations as appropriate, and by a majority vote issue a final order. The Commission will specify in writing and forward to all relevant parties by certified mail, return receipt requested, the final order of the Commission.
(d) Subsections (b) and (c) supplement 1 Pa. Code §§ 35.185—35.190 (relating to presiding officers) and 1 Pa. Code § 35.226 (relating to final orders).
(e) A proposed report will not be deemed a final order if a brief on exceptions is not filed. This subchapter supersedes 1 Pa. Code § 35.213 (relating to effect of failure to except to proposed report) and any references thereto.
[Pa.B. Doc. No. 20-1405. Filed for public inspection October 16, 2020, 9:00 a.m.]
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