Formal Rulemaking for 2020
COLORADO DEPARTMENT OF LAW
PEACE OFFICER STANDARDS AND TRAINING BOARD
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.
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.
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,
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.