PROPOSED RULEMAKING
MUNICIPAL POLICE OFFICERS' EDUCATION AND TRAINING COMMISSION
[37 PA. CODE CH. 203]
Administration of the Training Program
[35 Pa.B. 5690] The Municipal Police Officers' Education and Training Commission (Commission) proposes to amend Chapter 203 (relating to administration of the training program) to read as set forth in Annex A.
The Commission proposes to amend § 203.11(a)(8) (relating to qualifications) to eliminate the sit and reach test from the physical fitness requirements and § 203.11 (a)(11)(ii)(D) to charge applicants who are not employed by, or have a conditional offer of employment from, a police department an examination fee equal to the actual cost of administering the test.
The Commission proposes to amend § 203.12(2)(iv) (relating to waiver of training) to allow training waivers for out-of-State police officers only if they have been certified based on an approved basic police course comparable to the one required by 53 Pa.C.S. Chapter 21, Subchapter D (relating to municipal police officers education and training).
The Commission proposes to amend § 203.33(a) (relating to minimum school standards and requirements) to require certified schools to have a school director who meets certain standards. The Commission proposes to add § 203.37 (relating to minimum standards for school directors) to set forth the standards.
The Commission also proposes to amend § 203.35 (relating to emergency suspension of school certification) to allow the Commission's Executive Director to suspend a school's certification if a condition exists at the school that presents a clear and present danger to the public, students or school staff; would cause the students not to receive training required by 53 Pa.C.S. Chapter 21, Subchapter D or Chapter 203; the school director does not meet the standards in proposed § 203.37; or an instructor is subject to revocation under § 203.73 (relating to revocation of instructor certification).
Finally, the Commission proposes to amend § 203.102 (relating to notice) to allow Commission staff, rather than the Commission, to provide individuals and schools with notice of an adverse action.
Statutory Authority
The rulemaking is proposed under 53 Pa.C.S. § 2164 (1), (8) and (14) (relating to powers and duties of Commission).
Effect
The proposed rulemaking will affect recruits, out-of-State police officers seeking training waivers and certified schools.
Effective Date/Sunset Date
The proposed rulemaking will be effective immediately upon final-form adoption. The regulations are continually monitored and updated as needed. Therefore, no sunset date has been set.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on October 3, 2005, the Commission submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairperson of the House Judiciary Committee and the Senate Law and Justice Committee. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Commission, the General Assembly and the Governor of comments, recommendations or objections raised.
Contact Person/Public Comment
Interested persons wishing to comment are invited to submit written comments within 30 days of the publication of this proposed rulemaking in the Pennsylvania Bulletin. Written comments must include the name, address and telephone number of the interested party and a concise statement with sufficient detail on the subject. Written statements should be directed to Syndi L. Guido, Policy Director, State Police, 1800 Elmerton Avenue, Harrisburg, PA 17110, (717) 772-0905. Persons with a disability who require an alternative format of this proposed rulemaking (for example, large print, audio tape or Braille) should contact Syndi L. Guido to make the necessary arrangements.
COLONEL JEFFREY B. MILLER,
ChairpersonFiscal Note: 17-68. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 37. LAW
PART IV. MUNICIPAL POLICE OFFICERS' EDUCATION AND TRAINING COMMISSION
Subpart A. MUNICIPAL POLICE OFFICERS' TRAINING PROGRAM
CHAPTER 203. ADMINISTRATION OF THE TRAINING PROGRAM
Subchapter A. GENERAL § 203.1. 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--[The act of June 18, 1974 (P. L. 359, No. 120) (53 P. S. §§ 740--749)] 53 Pa.C.S. Chapter 21, Sub- chapter D (relating to municipal police education and training).
* * * * *
Subchapter B. POLICE OFFICER CERTIFICATION REQUIREMENTS § 203.11. Qualifications.
(a) Except as provided in subsection (b), persons who are to be employed as police officers by police departments within this Commonwealth from December 21, 1996, shall:
* * * * * (8) Be evaluated to determine physical fitness using the standards developed by the Cooper Institute for Aerobics Research in Dallas, Texas. 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 each of the [five] required evaluations to be eligible for employment. A person will not be enrolled in a recruit training program 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 each of the required evaluations. The [five] required evaluations are as follows:
* * * * * [(v) Sit and reach]
* * * * * (11) Successfully complete a basic police training course given at a Commission-certified school or obtain a waiver of training as enumerated in § 203.12 (relating to waiver of training).
* * * * * (ii) To qualify for this certification, an applicant shall:
* * * * * (D) Pass the same certification exam administered to those seeking waiver of training as set forth in § 203.12(4).
(I) Applicants who are not employed as a police officer by a police department within this Commonwealth or do not have a conditional offer of that employment shall pay an examination fee equal to the actual cost of administering the test.
(II) Applicants who are employed as a police officer by a police department within this Commonwealth or have a conditional offer of that employment do not pay an examination fee.
* * * * * § 203.12. 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:
* * * * * (2) Satisfy one of the following conditions:
* * * * * (iv) Previously or currently employed as a full-time police officer of another state and met the certification standards of that state, [as evidenced by documentation from the state agency responsible for establishing the standards] provided that certification had been based on the completion of an approved basic police course comparable to that of the act.
* * * * *
Subchapter C. SCHOOL REQUIREMENTS § 203.33. Minimum school standards and requirements.
(a) Schools shall initially meet and subsequently maintain the following standards:
* * * * * (2) Have a school director who meets the standards in § 203.37 (relating to minimum standards for school directors).
(3) School buildings shall comply with public safety standards in sections 1--14 of the act of April 27, 1927 (P. L. 465, No. 299) (35 P. S. §§ 1221--1235), known as the Fire and Panic Act.
[(3)] (4) * * *
[(4)] (5) * * *
[(5)] (6) * * *
[(6)] (7) * * *
[(7)] (8) * * *
[(8)] (9) * * *
[(9)] (10) * * *
[(10)] (11) * * *
[(11)] (12) * * *
[(12)] (13) * * *
[(13)] (14) * * *
* * * * * [(14)] (15) * * *
* * * * * [(15)] (16) * * *
[(16)] (17) * * *
* * * * * [(17)] (18) * * *
* * * * * § 203.35. Emergency suspension of school certification.
If a Commission inspector determines that [a condition exists] one or more of the following conditions exist at a school [which presents a clear and present danger to the public, students or staff of the school, the inspector, with the approval of] the Executive Director, on behalf of the Commission, may immediately suspend the school's certification [and cause all training to cease. In those situations]:
(1) [The school may correct the situation or request an administrative hearing as outlined in Subchapter G (relating to notice and hearings).] The condition presents a clear and present danger to the public, students or staff of the school.
(2) [Schools electing to correct the situation shall notify the Commission in writing by certified mail, return receipt requested, when the correction is complete. The Commission inspector will reinspect the facility to ensure compliance.] The condition would cause the students not to receive training required by the act and this part.
(3) [Notice of results of the reinspection will verbally be provided to the school by the inspector after the inspection has concluded and in writing within 10 days of the reinspection.] The school director does not meet the requirements in § 203.37 (relating to minimum standards for school directors).
(4) An instructor is subject to revocation under § 203.73 (relating to revocation of instructor certification).
§ 203.36. Revocation of school certification.
The Commission may, after notice and hearings in compliance with Subchapter G (relating to notice and hearings), revoke the certification of a school for one of the following reasons:
* * * * * (6) The school does not have a school director who meets the standards in § 203.37.
§ 203.37. Minimum standards for school directors.
School directors approved by the Commission shall demonstrate compliance with at least one standard set forth in paragraph (1) and at least one standard set forth in paragraph (2).
(1) School directors shall satisfy one of the following requirements:
(i) Possess an associate's or higher degree in criminal justice, public administration, education or related field.
(ii) Be a graduate of one of the following: 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 other law enforcement training program approved by the Commission.
(2) Satisfy one of the following minimum professional experience requirements:
(i) Ten years in law enforcement, including 5 years at an administrative level.
(ii) Fifteen years increasingly responsible full-time experience as a Federal, State or municipal police officer with general police powers.
(3) Be free of convictions for a disqualifying criminal offense.
(4) Possess experience and ability as an instructor.
Subchapter G. NOTICE AND HEARINGS § 203.102. Notice.
* * * * * (b) An individual or school given notice of an adverse action by [the] 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 mails is determinative of a timely request for a hearing.
[Pa.B. Doc. No. 05-1900. Filed for public inspection October 14, 2005, 9:00 a.m.]
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