PROPOSED RULEMAKING
COUNTY PROBATION AND PAROLE OFFICERS' FIREARM EDUCATION AND TRAINING COMMISSION
[37 PA. CODE CH. 79]
County Probation and Parole Officers' Firearm Education And Training Commission
[36 Pa.B. 6510]
[Saturday, October 28, 2006]The County Probation and Parole Officers' Firearm Education and Training Commission (Commission) proposes to add Chapter 79 (relating to County Probation and Parole Officers' Firearm Education and Training Commission) to read as set forth in Annex A.
Authority
The rulemaking is proposed under the County Probation and Parole Officers' Firearm Education and Training Law (act) (61 P. S. §§ 332.1--332.9). Section 5(13) of the act (61 P. S. § 332.5(13)) empowers the Commission ''to make rules and regulations and to perform other duties as may be reasonably necessary or appropriate to implement the training program for county probation and parole officers.''
Purpose
This proposed rulemaking implements the act. This proposed rulemaking contains procedures which must be followed by interested third parties and which are directly applicable to the training programs and reimbursement mechanisms that are available for county probation and parole officers. Sections 79.11--79.33 explain the processes involved in obtaining certification to carry firearms from the Commission, maintaining certifications and revocation of these certifications. Sections 79.51 and 79.52 (relating to training expense) explain the procedures applicable to training expense reimbursements. Sections 79.61--79.65 (relating to approval of instructors, schools and vendors) explain the procedures that interested instructors, schools and vendors must follow to be approved for use within the various Commission training and education programs. Sections 79.71--79.87 explain the procedures that persons or schools who are aggrieved by Commission decisions should follow.
Explanation of Regulatory Requirements
Sections 79.1--79.3 (relating to general provisions) provide the scope of the proposed rulemaking and the definitions of words and terms used in Chapter 79.
Sections 79.11--79.15 (relating to initial certification of officers) provide procedures for filing applications so that interested county probation and parole officers may apply to take the basic training program conducted by the Commission. These sections also address the specific requirements that must be met by each county probation and parole officer to be considered certified and the duration of certification. If a county probation and parole officer fails to successfully complete the basic training program, these sections explain the process that must be followed to take the basic training program again.
Sections 79.21--79.24 (relating to maintenance of certification) set forth the requirements that county probation and parole officers must satisfy each year to maintain their certification to carry a firearm. The sections explain the procedures that must be met to successfully complete firing range requalification examinations and what occurs if a particular county probation and parole officer does not successfully satisfy these procedures. The procedure that must be followed by county probation and parole officers who wish to seek an extension on their certification is also explained within these sections.
Sections 79.31--79.33 (relating to revocation of certification) set forth the reasons that a particular county probation and parole officer's certification to carry a firearm could be revoked.
Sections 79.41--79.44 (relating to recertification of officers following revocation) set forth three different procedures that county probation and parole officers who have had their certification to carry a firearm revoked can follow to be recertified to carry.
Sections 79.51 and 79.52 explain the types of reimbursements that may be made by the Commission to students and instructors, namely for attending or teaching the basic training program. These sections also place limitations on the amount of reimbursements that may be made by the Commission.
Sections 79.61--79.65 explain what criterion is considered by the Commission when approving instructors to conduct various Commission training and education programs. The procedure that interested individuals must follow to be considered for approval is set forth in these sections. These sections also set forth the procedures that schools and vendors must follow to be approved to conduct training and education programs for the Commission. These sections also explain what criteria must be met on a continuous basis for instructors, schools and vendors to remain approved by the Commission. These sections also set forth the procedure that counties in this Commonwealth must follow so that any training and education programs that the county creates and conducts can be an approved Commission course. If a county conducts an FETC training or education program, these sections explain what procedures that county must follow so that the class participants can receive the appropriate Commission recognition of the training or education program.
Sections 79.71 and 79.72 (relating to requests for reconsideration of Commission decisions) explain the reconsideration process that county probation and parole officers or schools who are aggrieved by a Commission decision are to follow.
Sections 79.81--79.87 (relating to notice and hearings) provide appeal procedures.
Affected Parties
The proposed rulemaking is intended to provide guidance and direction to county probation and parole officers pertaining to the processes to be followed so that they can be certified to carry a firearm within their respective counties, maintain certifications and be afforded an opportunity to be heard in the event their certifications are revoked by the Commission. Additionally, the proposed rulemaking is intended to provide guidance and direction to any schools or vendors who wish to be considered for conducting Commission training and education programs.
Fiscal Impact
Commonwealth--The Commission has determined that the proposed rulemaking will have no adverse financial impact on the Commonwealth since all funds budgeted for the Commission are derived from the County Probation and Parole Officers' Firearm Education and Training Fund (Fund), which, under the act, is a restricted receipts account within the General Fund. Moneys for the Fund are derived from costs imposed on a person who accepts Accelerated Rehabilitative Disposition or pleads guilty or nolo contendere or is convicted of a felony or misdemeanor. This fund is used exclusively for the training activities and expenses of the Commission.
Political subdivisions--For counties that choose to carry firearms, the proposed rulemaking is implementing a program that is already in effect and funding for the program is in place in these counties. Therefore, there is no new significant fiscal impact for these counties, either direct or indirect. For counties electing to participate after the implementation of the proposed rulemaking, the start-up costs of participation could be significant depending on numerous variables such as the number of officers or the type of equipment purchased by the county. Accordingly, it is impossible to estimate these costs.
Private sector--The proposed rulemaking will have no adverse fiscal impact on the private sector.
General public--The proposed rulemaking will not impose costs and will have no adverse fiscal impact on the general public.
Cost and Paperwork Requirements
The proposed rulemaking provides guidance and procedural information for implementing a program which is already in effect and for which funding is already in place. Therefore, there will be no new fiscal impact. The proposed rulemaking does not affect the existing reporting, recordkeeping or other paperwork requirements of the Commission, other government units or the general public.
Effective Date
The proposed rulemaking will become effective upon final-form publication in the Pennsylvania Bulletin.
Sunset Date
No sunset date has been assigned. The Commission will review the efficacy of these regulations on an ongoing basis.
Contact Person
Interested persons are invited to submit written comments regarding the proposed regulations within 30 days following publication in the Pennsylvania Bulletin to the County Probation and Parole Officers' Firearm Education and Training Commission, 1101 S. Front Street, Suite 5600, Harrisburg, PA 17104-2522, Attention: Executive Director, Henry L. Van Brederode.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on October 11, 2006, 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 Chairpersons of the House and Senate Standing Committees on Judiciary. 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.
LARRY STRAITIFF,
ChairpersonFiscal Note: 41-18. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 37. LAW
PART II. BOARD OF PROBATION AND PAROLE
CHAPTER 79. COUNTY PROBATION AND PAROLE OFFICERS' FIREARM EDUCATION AND TRAINING COMMISSION
GENERAL PROVISIONS
79.1. Scope. 79.2. Definitions. 79.3. Enrollment.
INITIAL CERTIFICATION OF OFFICERS
79.11. Certification. 79.12. Applications. 79.13. Requirements for completion. 79.14. Duration of certification. 79.15. Failure to complete basic training.
MAINTENANCE OF CERTIFICATION
79.21. Maintenance of certification. 79.22. Range requalification examinations. 79.23. Failure to complete range requalification or in-service training. 79.24. Extensions.
REVOCATION OF CERTIFICATION
79.31. Reasons for revocation of certification. 79.32. Revocation of certification for failure to pass range requalification examination. 79.33. Revocation of certification for failure to submit a timely request.
RECERTIFICATION OF OFFICERS FOLLOWING REVOCATION
79.41. Failure to achieve a passing score on a range requalification examination. 79.42. Failure to complete range requalification within required time frames. 79.43. Failure to meet mandatory in-service training requirements. 79.44. Nonrecertifiable revocations.
TRAINING EXPENSE
79.51. Reimbursement of expenses. 79.52. Reimbursement limitations.
APPROVAL OF INSTRUCTORS, SCHOOLS AND VENDORS
79.61. Approval of instructors. 79.62. Approval of schools and vendors. 79.63. Requirements for in-service training courses. 79.64. County-conducted basic training. 79.65. County-conducted in-service training.
RECONSIDERATION OF COMMISSION DECISIONS
79.71. Decisions of instructors. 79.72. Procedure for officers or schools seeking reconsideration.
NOTICE AND HEARINGS
79.81. General Rules of Administrative Practice and Procedure. 79.82. Notice. 79.83. Appointment of hearing examiner. 79.84. Hearings. 79.85. Continuances. 79.86. Failure to appear at a hearing. 79.87. Hearing examiner recommendation.
GENERAL PROVISIONS § 79.1. Scope.
This chapter sets forth standards and procedures relating to the certification of county probation and parole officers and their qualification to carry or use firearms in the performance of their duties.
§ 79.2. Definitions.
(a) The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Act--The County Probation and Parole Officers' Firearm Education and Training Law (61 P. S. §§ 332.1--332.9).
Basic training--The initial training provided by the Commission.
CFI--Certified Firearms Instructor--A firearms instructor who meets the minimum qualifications for instructors as established by the Commission.
County-conducted training--Commission-approved training not presented by the Commission.
Executive Director--The administrative officer reporting directly to the Commission who is responsible for program management.
In-service training--The continuing training necessary for county probation and parole officers to maintain certification under the act.
MI--Master Instructor--A Commission-CFI who meets the minimum qualifications to become an MI.
(b) The definitions in section 2 of the act (61 P. S. § 332.2) are incorporated by reference.
§ 79.3. Enrollment.
Enrollment in programs under this part will be at the discretion of the Executive Director.
INITIAL CERTIFICATION OF OFFICERS § 79.11. Certification.
Certification of those county probation/parole officers who have satisfactorily completed basic training or who have been granted a waiver by the Commission will be recognized through the issuance of a certificate, which will bear a certification number.
§ 79.12. Applications.
(a) The requirements for program participation or waiver in section 7 of the act (61 P. S. § 332.7) are incorporated by reference.
(b) Application procedures to participate in training programs approved by the Commission will require any officer or county, or both, to submit information required on a form and in a format and within time parameters as specified by the Executive Director.
§ 79.13. Requirements for completion.
Satisfactory completion is defined as meeting the following requirements:
(1) Attendance at the entire prescribed training program.
(2) Compliance with Student Code of Conduct for the programs as established by the Commission.
(3) If applicable, attainment of a passing score on any and all written, oral or range components of a training program.
§ 79.14. Duration of certification.
The certification of officers by the Commission as a result of satisfactory completion of the basic training during a calendar year will remain valid through December 31 of the following calendar year, unless revoked under § 79.31 (relating to reasons for revocation of certification).
§ 79.15. Failure to complete basic training.
(a) An officer who fails to achieve a passing score on the written examination portion of basic training will not be allowed to continue in that basic training program. The officer may reapply to the Commission to enroll and participate in subsequent basic training programs.
(b) If an officer achieves a passing score on the written examination, but otherwise fails to complete the basic training for the reasons under § 79.13 (relating to requirements for completion), the officer's passing score will be recognized by the Commission for 1 year from the date of attainment of the passing score on the written examination. If the officer enrolls in a subsequent basic training program during this 1-year period, the officer will be required to attend and complete only the portion of the basic training that was not successfully completed.
(c) If an officer fails to achieve a passing score on the range portion of basic training, the Executive Director will notify the officer's chief probation officer, by means of certified mail, that the officer did not achieve a passing score on this portion of basic training.
(d) An officer who fails to achieve a passing score on the firing range portion of basic training may be afforded one additional opportunity to shoot the firing range portion of basic training within 90 calendar days from the date the officer fails to achieve a passing score if the officer's chief probation officer submits a request to the Executive Director seeking permission for the officer to shoot the firing range portion of basic training within 45 calendar days of the date that the officer failed to achieve a passing score.
(1) The request must include the following:
(i) A proposed date, time and location for the shoot.
(ii) The name of the CFI who will conduct the examination.
(iii) A written statement from a CFI that the CFI provided remedial range training and that the officer is competent to pass the firing range portion of basic training.
(2) The examination may be subject to monitoring by the Commission without notice.
MAINTENANCE OF CERTIFICATION § 79.21. Maintenance of certification.
(a) To maintain certification beyond December 31 of the calendar year following the issuance of the original certification or renewed certification, an officer shall successfully complete the following:
(1) In-service training, the specifics of which the Commission will publish by the end of the first quarter of each calendar year.
(2) A range requalification examination under § 79.22 (relating to range requalification examinations).
(b) This section does not apply to the extent an officer's certification is revoked under § 79.31 (relating to reasons for revocation of certification).
§ 79.22. Range requalification examinations.
(a) Range requalification examinations will require the officer to demonstrate continuing proficiency which includes weapons handling, range safety and marksmanship.
(b) A range requalification examination shall be completed during a Commission conducted event or a training event sanctioned by the Commission.
(c) Range requalification examinations must be conducted between April 1 and October 31 each calendar year.
(d) The course of fire for the range requalification examination shall be conducted using the same procedures that are followed for the firing range portion of basic training.
(e) Counties or departments desiring to conduct a range requalification examination shall follow an application process specified by the Commission.
(1) The first time that a county or CFI conducts a Commission-sanctioned range requalification examination, oversight must be provided by a member of the Commission, a Commission-approved representative, or a CFI who is not employed by the county or counties whose personnel are being examined.
(2) In subsequent years, the county may conduct the Commission-sanctioned range requalification examination without oversight.
(3) Any county conducting Commission-sanctioned range requalification examinations is subject to periodic inspection and audit by the Executive Director or a representative of the Commission.
§ 79.23. Failure to complete range requalification or in-service training.
(a) An officer who fails to achieve a passing score on any evaluation, which is a part of the range requalification examination or in-service training, will be permitted one additional opportunity to achieve a passing score on the portion failed.
(b) An officer who fails to satisfactorily complete an in-service training requirement will not receive credit for the Commission-specified number of hours of training for that course, and may be subject to revocation of certification under §§ 79.31--79.33 (relating to revocation of certification).
§ 79.24. Extensions.
(a) An officer who is unable to comply with § 79.21 (relating to maintenance of certification) due to extraordinary circumstances may, through the officer's chief probation officer, submit a written request, on a form and in a format prescribed by the Executive Director, to the Executive Director by October 31 of the year in which the officer's current certification will expire.
(1) The request must include the following:
(i) The specific reason for the requested extension of time.
(ii) The specific length of time of the requested extension.
(iii) Supporting documentation.
(2) When the request is due to medical reasons, the supporting documentation must include a written statement from the officer's physician indicating that at the present time and for the period of the requested extension the officer is not medically capable of participating in a range requalification examination or in-service training.
(b) The Executive Director will review the written request for extension of time and make a recommendation to the Commission. The Commission will provide written notification to the officer and the officer's chief probation officer of its decision.
(c) If the request for extension is approved, the officer shall comply with § 79.21 (relating to maintenance of certification) no later than the ending date of the granted period of extension.
(d) If the extension is to comply with § 79.21(2), the officer's chief probation officer shall send a request to the Executive Director to conduct a range requalification examination.
(1) The Executive Director must receive the request no later than 15 business days prior to the date of the range requalification examination.
(2) The range requalification examination may occur at any time during the period of the Commission-approved extension.
(e) The certification of an officer who has been granted an extension under § 79.24 (relating to extensions) shall be suspended on October 31 of the year in which the officer's current certification expires.
REVOCATION OF CERTIFICATION § 79.31. Reasons for revocation of certification.
The Commission may revoke an officer's certification for any reason including any of the following:
(1) Conviction of any crime that subjects the officer to the disabilities under the Gun Control Act of 1968 (18 U.S.C.A. §§ 921--930), or 18 Pa.C.S. Chapter 61, Subchapter A (relating to the Uniform Firearms Act of 1995), or both.
(2) Unsafe conduct during any Commission training.
(3) Unprofessional conduct during a Commission-sponsored event.
(4) Providing false or misleading information, either orally or in writing, to the Commission, its employees or agents.
(5) Failure on the part of a county, an individual officer or group of officers to timely comply with requests for information which may be made from time to time by the Commission.
§ 79.32. Revocation of certification for failure to pass range requalification examination.
(a) The Executive Director, upon receipt of the range requalification examination results, will immediately revoke the certification of an officer who fails to requalify.
(b) The officer who has failed to requalify will be notified of the revocation of certification in writing.
(1) Copies of the revocation notification will be sent to the chief probation officer and president judge of the officer's employing county and judicial district.
(2) The notice of revocation of certification will advise the officer that one additional opportunity to successfully complete the range requalification examination is available after the officer participates in Commission-sanctioned remedial training.
(i) Before an officer takes a Commission-sanctioned remedial training, a CFI, who has previously conducted remedial training, shall provide written documentation to the Executive Director stating that the officer to be reexamined has demonstrated sufficient improvement which warrants another opportunity to take a requalification reexamination.
(ii) The requalification examination must occur within no more than 60 days of the initial failure of the range requalification examination.
(iii) Range requalification examinations will not be permitted after October 31 of the calendar year in which the failure occurred.
(c) Unless the officer successfully completes the range requalification examination after completion of the Commission-sanctioned remedial training, the revocation of certification will remain in effect.
§ 79.33. Revocation of certification for failure to submit a timely request.
If the officer's chief probation officer fails to submit a request for a range requalification examination to the Executive Director prior to the expiration of the extension period granted by the Commission under § 79.24 (relating to extensions), the officer's certification will be immediately revoked upon expiration of the extension period and no further extensions will be granted.
RECERTIFICATION OF OFFICERS
FOLLOWING REVOCATION§ 79.41. Failure to achieve a passing score on a range requalification examination.
When an officer's certification has been revoked due to the officer's failure to achieve a passing score under § 79.23 (relating to failure to complete range requalification or in-service training), the officer seeking recertification shall do the following:
(1) Submit an application to the Executive Director in a form approved by the Executive Director. The application must be co-signed by the chief probation officer who states that the officer is competent and safe to participate in Commission training activities.
(2) Enroll in, attend and satisfactorily complete a Commission-sponsored basic training.
§ 79.42. Failure to complete range requalification within required time frames.
(a) When an officer's certification has been revoked due to the officer's failure to meet the range requalification requirements in § 79.22 (relating to range requalification examinations), the officer seeking recertification shall do the following:
(1) Submit an application to the Executive Director within 20 calendar days of the effective date of the revocation of certification. The application must be in a form approved by the Executive Director and co-signed by the chief probation officer.
(2) Pass any written examinations, as described in § 79.13 (relating to requirements for completion). The examinations will be administered by the Executive Director, a designee or other authorized Commission staff or a Commission member.
(3) Successfully complete the range requalification requirements in § 79.22.
(b) The requirements for recertification in § 79.42 (relating to failure to complete range requalification within required time frames) shall be completed within the time frame specified by the Executive Director, but in no case later than March 31st of the year in which the application is filed with the Executive Director.
§ 79.43. Failure to meet mandatory in-service training requirements.
(a) When an officer's certification is revoked due to the officer's failure to meet any mandatory in-service training requirements established by the Commission, the officer seeking recertification shall do the following:
(1) Submit an application to the Executive Director which must be in a form approved by the Executive Director and also co-signed by the chief probation officer.
(2) Enroll in, attend and complete a Commission-sponsored basic training program, or enroll in, attend and complete the next available offerings of any mandatory in-service training, which were not completed as required by the Commission.
(3) Successfully complete the range requalification examination in § 79.22 (relating to range requalification examinations).
(b) The requirements for recertification in § 79.43 (relating to failure to meet mandatory in-service training requirements) shall be completed within a time frame established at the discretion of the Executive Director.
§ 79.44. Nonrecertifiable revocations.
When an officer's certification is revoked under § 79.31(a) or (d), or both (relating to reasons for revocation of certificate), the officer shall be ineligible for recertification.
TRAINING EXPENSE § 79.51. Reimbursement of expenses.
(a) Subject to the availability of funds, the Commission may assume the costs or reimburse expenses incurred, or both, during an officer's attendance at a basic training program or in-service training (including range requalification). The reimbursement will not include personnel costs. Expenses determined eligible by the Commission will be reimbursed at rates that are currently recognized by the Commonwealth, but will, from time to time, be further specified by the Commission.
(b) Instructors are not eligible for Commission reimbursement for any expenditure incurred when engaged in county-conducted basic training under § 79.64 (relating to county-conducted basic training) or an in-service training course developed by an entity other than the Commission or a Commission-approved vendor under § 79.63 (relating to requirements for in-service training courses) or county-conducted in-service training under § 79.65 (relating to county-conducted in-service training).
(c) Students are not eligible for Commission reimbursement for any expenditure incurred when they participate in county-conducted basic training under § 79.64 or an in-service training course developed by an entity other than the Commission or a Commission-approved vendor under § 79.63 or county-conducted in-service training under § 79.65.
(d) The Commission may reimburse, in accordance with Commission policies in effect on the dates of the county-conducted basic training or county-conducted in-service training, the county for selected expenditures associated with the county-conducted basic training or county-conducted in-service training, or both. The reimbursement will be solely at the discretion of the Commission.
§ 79.52. Reimbursement limitations.
The Commission will assume only the costs or reimburse eligible training expenses, or both, incurred for an officer's initial basic training. Reimbursement of expenses will be contingent upon the county's compliance with all Commission regulations, policies and procedures and upon the satisfactory submission of any requested information, data, forms, reports or documents. Commission reimbursement for ammunition and lodging is available for only one basic training per officer.
APPROVAL OF INSTRUCTORS, SCHOOLS
AND VENDORS§ 79.61. Approval of instructors.
(a) An individual seeking approval to become a CFI or MI in programs offered by the Commission shall submit an application to the Executive Director on forms established by the Commission. An individual may apply for designation as an Academic CFI, Range CFI, or both, or as an MI.
(1) Minimum qualifications for Academic CFI. The application for approval as an Academic CFI in areas of instruction other than range firearms techniques will include, but not be limited to, a resume or materials, or both, which evidence the education, qualifications and experience deemed appropriate by the Commission for the particular area of instruction.
(2) Minimum qualifications for Range CFI. The application for approval as a Range CFI in any Commission training, waiver or requalification examination program will include, but not be limited to, verification that the applicant has satisfactorily completed a law enforcement firearms instructor training course offered by entities such as: FBI, Pennsylvania State Police, National Rifle Association or any other course which from time to time may be approved by the Commission and documentation that the applicant has conducted at least 12 hours of law enforcement firearms instruction within the 24 months preceding the application submission date.
(3) Minimum qualifications for an MI. The applicant shall be a Commission CFI and submit an application for designation as an MI to the Executive Director. The applicant shall have been a lead instructor for the academic/classroom portion of a Commission basic training program and a range master for the range portion of the training.
(b) Certifications for both CFI and MI will be for 36 months following approval by the Commission unless sooner revoked by the Commission.
(c) To renew certification, an instructor shall be required to submit an application for renewal of certification. The application must at least include documentation demonstrating that the instructor has provided the following:
(1) For CFI certification renewal, a minimum of 6 hours of relevant academic instruction and a minimum of 6 hours of range firearms instruction to county probation personnel in the preceding 36 months.
(2) For MI certification renewal, a minimum of 12 hours of relevant academic instruction and a minimum of 12 hours of range firearms instruction to county probation personnel in the preceding 36 months.
(d) The Commission reserves the right to revoke its certification of any CFI or MI, or both, without notice.
§ 79.62. Approval of schools and vendors.
(a) Schools certified under 53 Pa.C.S. §§ 2162--2171 (relating to municipal police education and training) are preapproved to conduct training as the Commission may, from time to time and in particular geographic areas of this Commonwealth, require.
(b) Vendors and other entities may become approved to conduct Commission training, as the needs of the Commission dictate, through the Commonwealth's competitive bid process. Selected vendors will enter into a contract with the Commission to conduct specific training, to a particular population, for a specific period of time and to contractual standards. Approval of these entities to conduct Commission training may terminate upon expiration of the contract.
(c) Schools and vendors conducting training for the Commission shall use only instructors and curricula which have been preapproved by the Commission.
(d) Training conducted by a school or vendor must be approved and scheduled through the Executive Director, in writing, prior to any advertisement, registration or other obligation for that training.
(e) The Commission will inspect each approved school or vendor actively providing training at least once every 2 years, but reserves the right to monitor, without notice, training conducted by approved schools or vendors, and to review and inspect related program records, materials and facilities at any time.
(f) The Commission reserves the right to suspend or revoke the approval of school or vendor without notice.
§ 79.63. Requirements for in-service training courses.
(a) To receive credit towards Commission mandated in-service training, counties shall obtain preapproval from the Commission to conduct an in-service training course developed by an entity other than the Commission or a Commission-approved school or vendor.
(b) Counties seeking approval of an in-service training course developed by an entity other than the Commission or a Commission-approved school or vendor shall submit an application to the Executive Director at least 90 calendar days prior to the first proposed day of training. The application must be in a format and follow procedures established by the Executive Director.
(c) Upon approval by the Commission, the approved in-service training course may be conducted by the county in accordance with § 79.65 (relating to county-conducted in-service training).
(d) The Commission prior to the first proposed day of training must approve changes or modifications to the in-service training course that is approved by the Commission.
§ 79.64. County-conducted basic training.
(a) Basic training conducted by a county must be carried out in accordance with policies and procedures established by the Commission.
(b) An MI shall supervise all county-conducted basic training.
(c) A county desiring to conduct basic training shall submit an application for county-conducted basic training, including the required documentation, to the Executive Director on forms and under procedures established by the Executive Director.
(d) County-conducted basic training must be conducted on training sites, both classroom and range, that meet Commission standards and are preapproved by the Executive Director.
(e) Only students who have submitted a basic training application, which has been approved by the Executive Director, shall participate in a county-conducted basic training.
(f) The entire county-conducted basic training must be completed within 30 consecutive calendar days and on the dates, times and at locations specified in the application.
(g) Upon request of the Executive Director or at the conclusion of the training, the county shall submit all forms and materials required by the Executive Director in the time frame specified.
(h) A county that is conducting an approved basic training may accept any Commission-approved student for participation in the training.
(i) Materials to support county-conducted basic training may be provided to the county by the Commission solely at the discretion of the Commission.
(j) The Commission reserves the right to monitor and inspect all aspects of county-conducted basic training without notice to the county that is conducting the training.
§ 79.65. County-conducted in-service training.
(a) Counties may conduct in-service training courses that have been approved and adopted by the Commission in accordance with policies and procedures established by the Commission.
(b) An MI shall supervise county-conducted in-service training.
(c) A county desiring to conduct in-service training shall submit an application for county-conducted in-service training, including the required documentation, to the Executive Director on forms and following procedures as established by the Executive Director.
(d) County-conducted in-service training must be conducted on training sites, both classroom and range, that meet Commission standards and are preapproved by the Executive Director.
(e) Only students who have submitted an application for in-service training that has been approved by the Executive Director shall participate in county-conducted in-service training.
(f) The entire county-conducted in-service training shall be completed within 30 consecutive calendar days and on the dates, times and at the locations specified in the application.
(g) Upon request of the Executive Director or at the conclusion of the training, the county shall submit the forms and materials required by the Executive Director in the time frame specified.
(h) A county that is conducting approved in-service training may accept any Commission-approved student for participation in the training.
(i) Materials to support county-conducted in-service training may be provided to the county by the Commission solely at the discretion of the Commission.
(j) The Commission reserves the right to monitor and inspect all aspects of any county-conducted in-service training without notice to the county conducting the training.
RECONSIDERATION OF COMMISSION DECISIONS § 79.71. Decisions of instructors.
Commission instructors have the authority to summarily and immediately terminate an officer's participation in any Commission-sanctioned training activity if any Commission instructor believes, in the Commission instructor's sole discretion, that an officer presents a safety concern, disrupts the learning environment or violates the Commission's Student Code of Conduct.
§ 79.72. Procedure for officers or schools seeking reconsideration.
(a) Procedure. An officer or school shall first seek reconsideration of a Commission decision through a letter-ruling process, which consists of the following steps:
(1) The officer or school shall submit to the Executive Director a written request for reconsideration no later than 20 days after mailing of a Commission notice, which results in adverse action for the school or individual.
(2) The request for reconsideration must be in a format acceptable to the Executive Director and must, at a minimum, contain the following details:
(i) The name, address, telephone number and electronic mail address of the aggrieved individual or school.
(ii) A copy of the Commission notice, which results in adverse action for the school or individual.
(iii) A concise and thorough explanation of the basis for the request for reconsideration.
(iv) The relief being sought.
(3) The Commission will review the request for reconsideration at its next regularly scheduled meeting. The individual or entity seeking reconsideration will be notified of the time and place of the meeting.
(4) Following review of the request for reconsideration, the Commission will render a decision regarding the request for reconsideration. Within 10 days of the date of the decision, the Commission will forward to the individual or entity, by means of certified mail, return receipt requested, a letter ruling specifying the decision and the reasons for the Commission's decisions and explaining the right to a formal hearing if the individual/school does not accept the results set forth in the letter.
(5) Results and opinion in letter-rulings will have no precedential authority and are subject to withdrawal or change at any time to conform to new or different interpretations of the law.
(b) Cross-reference. This section supplements 1 Pa. Code § 35.10 (relating to form and content of formal complaint).
NOTICE AND HEARINGS § 79.81. General Rules of Administrative Practice and Procedure.
Title 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure) is applicable to the proceedings of the Commission insofar as it is not superseded by §§ 79.82--79.87.
§ 79.82. Notice.
(a) If an officer or school wishes to pursue an appeal to a formal hearing, the officer or school shall submit to the Executive Director a written request for hearing no later than 30 calendar days after mailing of the Commission's letter-ruling regarding the request for reconsideration.
(b) A request for hearing must be in writing and contain at least the following information:
(1) The name, address, telephone number and electronic mail address of the officer or school filing the written request for hearing.
(2) A copy of the Commission's letter-ruling on the request for reconsideration.
(3) A concise statement of the complaint.
(4) A concise statement of the relevant facts and the grounds upon which the complaint is based.
(5) The relief being sought.
(c) The date of receipt by the Executive Director of the written hearing request from the officer or school and not the date of deposit in the mails is determinative of a timely request for a hearing.
(d) This section supplements 1 Pa. Code § 35.10 (relating to form and content of formal complaints).
§ 79.83. Appointment of hearing examiner.
(a) When the Executive Director receives a request for hearing, the Commission's Chairperson or a designee will appoint a hearing examiner to preside over the formal hearing.
(b) It will be the responsibility of the appointed hearing examiner to schedule the hearing and conduct it in accordance with this section and 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure).
(c) Subsection (a) supplements 1 Pa. Code § 35.185 (relating to designation of presiding officers). Subsection (b) supplements 1 Pa. Code § 35.187 (relating to authority delegated to presiding officers).
§ 79.84. Hearings.
(a) Hearings will be conducted in accordance with 2 Pa.C.S. §§ 501--508 and 701--704 (relating to Administrative Agency Law).
(b) Legal counsel may represent the aggrieved individual or entity and the costs incurred for the representation shall be borne by the individual or entity.
(c) The hearing examiner will notify the aggrieved individual and, if applicable, the aggrieved entity and the Commission of the date, time and location of the hearing at least 60 days prior to the selected date. A courtesy copy will be forwarded to the appropriate chief probation officer and president judge. This subsection supersedes 1 Pa. Code § 35.105 (relating to notice of non-rulemaking proceedings).
(d) A prehearing conference may be held at the discretion of the hearing examiner. This subsection is identical to 1 Pa. Code § 35.111 (relating to conferences to adjust, settle or expedite proceedings).
§ 79.85. Continuances.
(a) Continuances of hearings conducted under this section will only be granted upon a showing of good cause by the party requesting the continuance.
(b) Requests for continuances must be made in writing to the hearing examiner.
(c) A party's objections, if any, to a request for a continuance must be in writing and delivered to the hearing examiner and the other party. Objections shall be made immediately upon receipt of notification of a request for a continuance.
(d) This section supersedes 1 Pa. Code § 31.15(b) (relating to extension of time).
§ 79.86. Failure to appear at a hearing.
(a) If an officer or school or the officer's or school's representative fails to appear at the scheduled hearing without good cause, as determined by the hearing examiner, the request for hearing will be deemed abandoned and be dismissed with prejudice.
(b) If the Commission fails to appear at the hearing without good cause as determined by the hearing examiner, the hearing will proceed in absentia.
(c) If neither the officer or school nor the Commission or their representatives appear at the hearing, the hearing examiner will reschedule the hearing.
§ 79.87. Hearing examiner recommendation.
(a) Within 30 days of conclusion of the hearing, the hearing examiner will propose findings of fact and conclusions of law to the Commission.
(b) Upon receipt and after review of the hearing examiner's proposed findings of fact and conclusions of law and any exceptions and briefs, which may be submitted by either party, the Commission, or its designees, will issue a final adjudication.
(c) The Executive Director shall forward the final adjudication to the officer or school, or their legal counsel, if the officer or school has made the Executive Director aware of the representation, and the appropriate chief probation officer and president judge.
(d) The officer, school or Commission have the right to appeal the final adjudication in accordance with Pa.R.A.P. and 2 Pa.C.S. §§ 501--508 and 701--704 (relating to the Administrative Agency Law).
[Pa.B. Doc. No. 06-2106. Filed for public inspection October 27, 2006, 9:00 a.m.]
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