Formal Rulemaking for 2020

COLORADO DEPARTMENT OF LAW

PEACE OFFICER STANDARDS AND TRAINING BOARD

2020

RULES CONCERNING VARIANCES, APPEAL PROCESS, REVOCATION

HEARINGS, BASIC, PROVISIONAL AND RESERVE CERTIFICATIONS,

RENEWAL OF CERTIFICATION, FINGERPRINT-BASED CRIMINAL

HISTORY RECORD CHECK, CERTIFICATION AND SKILLS

EXAMINATIONS, CERTIFICATION RECORDS, CERTIFICATION

SUSPENSION AND REVOCATION, BASIC AND RESERVE TRAINING

ACADEMIES AND IN-SERVICE TRAINING PROGRAM.

 

STATEMENT OF BASIS, STATUTORY AUTHORITY, AND PURPOSE

Pursuant to sections §24-31-303 (1)(g), (l) and (m), C.R.S., the Colorado Peace

Officer Standards and Training Board (POST) has the authority and duty to

promulgate rules and regulations deemed necessary by such board for the

certification of applicants to serve as peace officers or reserve officers in the state, to

promulgate rules deemed necessary by such board concerning annual in-service

training requirements, and to promulgate rules as the board may deem necessary or

proper to carry out the provisions and purposes of article 4 of Title 24.

 

Amendments are proposed to Rule 5 – Non-Revocation Hearings

  • Add notification of intent to appear (a)(II)(d). “If no such notification is received, the hearing will be cancelled, and the director will make a finding on the documents presented.”
  • Add section (b), the revocation process for certain criminal convictions and entry into deferred judgement and sentence, deferred prosecution, or pretrial diversion agreements for decertifying criminal offenses.
  • Add section (c), appeal decisions to be made by POST Director.
  • Add section (d), process for revocation hearings for findings of untruthfulness. 

 

Amendments are proposed to Rule 9 – Revocation of Certification

  • Add (a)(V) decertification for a finding of untruthfulness, pursuant to §24-31-305(2.5), C.R.S.
  • Add section (b), referencing prima facie evidence for revocation of certification

for conviction of certain criminal offenses, or entry into certain agreements for said offenses.

  • Add section (d), certificate holder or chief law enforcement offer may petition within thirty (30) days after the effective date of the disqualifying incident.
  • Add section (d), procedures outlined in Rule 5 shall be utilized for the show cause hearing.

 

Amendments are proposed to Rule 19 – Vehicle Identification Number Inspectors

  • Add subsection (a)(IV) creating a three year renewal requirement, in

compliance with §42-5-206(4), C.R.S.

  • Add section (b), outlining requirements for renewing a VIN Inspector Certfification.

 

Statutory Basis

The statutory basis for adoption of the proposed rules are §24-31-303(1)(g) C.R.S.

§24-31-305(1.7)(c) C.R.S. and §24-31-303(l) C.R.S.

Purpose

The purpose of the amended rules is to provide clarification to persons subject to

POST peace officer certification requirements and provide updated information

regarding items utilized in these rules.

Contemplated Schedule for Adoption

Rules will be adopted on December 6, 2019, with an effective date of January 30,

2020.

Listing of Persons and Parties Affected

Peace officers, including those applying for certification and those currently

employed as certified peace officers, and law enforcement academy staff will be

affected by this anticipated rulemaking.

 

It has been declared by the General Assembly that certification and training

standards of peace officers is a matter of statewide concern. The absence of

implementing rules to carry out the purpose of the statutes would be contrary to the

public health, peace, safety and welfare of the state. For these reasons, it is

imperatively necessary that these proposed amendments be adopted.