ALABAMA PEACE OFFICERS STANDARDS AND TRAINING COMMISSION

ADMINISTRATIVE CODE

CHAPTER 650-X-1 ORGANIZATION, ADMINISTRATION AND PROCEDURE

TABLE OF CONTENTS

650-X-1-.01 Definitions

650-X-1-.02 Purpose

650-X-1-.03 Composition And Selection Of Commission

650-X-1-.04 General Description Of Organization And Operation

650-X-1-.05 Rules Of Order

650-X-1-.06 Quorum

650-X-1-.07 Election Of Officers

650-X-1-.08 Meetings

650-X-1-.09 Use Of Forms

650-X-1-.10 Executive Secretary

650-X-1-.11 Records

650-X-1-.12 Employment Of Agents, Etc.

650-X-1-.13 Grants And Appropriations

650-X-1-.14 Declaratory Rulings

650-X-1-.15 Functions And Duties Of The Commission

650-X-1-.16 Responsibilities Each Law Enforcement Agency

650-X-1-.01 Definitions. As used by the Peace Officers Standards and Training Commission, the following words and phrases shall have the following meanings respectively.

(1) Approved Academy. A school certified and authorized by the Commission to conduct law enforcement training.

(2) Certification. A written statement issued by the Commission testifying to the accreditation of an approved academy, instructor, or applicant.

(3) Commission. The Peace Officers Standards and Training Commission or employees thereof acting on its behalf.

(4) Curriculum. A program of study that conforms to the Commission's promulgated requirements.

(5) Instructor. An individual possessing a certificate issued by the Commission to instruct in an approved academy.

(6) Academy Director. The individual appointed or approved by the Commission to administer the operation of an approved academy.

(7) Subject. A specific course of instruction within the curriculum required by the Commission.

(8) Applicant. An individual seeking admittance to an approved academy as a trainee and/or, certification as a law enforcement officer.

(9) Trainee. An individual undergoing training at an approved academy.

(10) Law Enforcement Agency. Means and includes the State Department of Public Safety, the Alabama Department of Corrections, the police department of each incorporated city or town, the department of each sheriff of the state, including all deputy sheriffs, the enforcement division of the State Department of Conservation and each public agency in the state charged with the enforcement of any laws and the officers or employees of which have power as such officials or employees to make arrests. Such term does not include the National Guard or any military organization.

(11) Law Enforcement Officer. Means and includes a police officer, deputy sheriff, deputy constable, and other officials who have authority as such official to make arrests. Such term includes Alabama State troopers or members of the State Department of Public Safety.

Author: Peace Officers Standards and Training Commission

Statutory Authority: Code of Ala. 1975, §§36-21-40, 36-21-51.

History: Effective date: September 29, 1983. Amended: Filed May 8, 1995; effective June 12, 1995. Amended: Filed April 4, 1997; effective May 9, 1997.

650-X-1-.02 Purpose. The Peace Officers Standards and Training Commission was created to insure that law enforcement officers receive training in their vocation, thereby providing better service to the public. These goals are obtained by empowering the Commission with authority to promulgate rules in the selection, recruitment and training of law enforcement officers and the work of law enforcement agencies in the State; to prescribe standards for law enforcement officers; to grant to the Commission power to establish standards and issue and promulgate rules and regulations; to make the violation of certain provisions of the Code of Ala. 1975, Sections 36-21-40 through 36-21-50 or the standards, rules and regulations of the Commission a misdemeanor.

Author:

Statutory Authority: Code of Ala. 1975, §§36-21-40, 36-21-51.

History: Effective date: September 29, 1983. Amended: Filed April 4, 1997; effective May 9, 1997.

650-X-1-.03 Composition And Selection Of Commission. The Commission is composed of seven members, each of whom must be a qualified elector of the State who is over the age of 21 years. The State Fraternal Order of Police shall designate one member of the commission to serve for a term of four years; the Alabama Peace Officers Association shall designate one member to serve for a term of four years; the Law Enforcement Planning Association shall designate one member to serve for a term of four years; and the Governor shall designate four members to serve for terms of four years.

Author: Peace Officers Standards and Training Commission

Statutory Authority: Code of Ala. 1975, §§36-21-41, 36-24-45.

History: Effective date: September 29, 1983. Amended: Filed May 8, 1995; effective June 12, 1995.

650-X-1-.04 General Description Of Organization And Operation. The Commission is an independent agency of the State of Alabama. All costs of operating the Commission, including administrative, secretarial, clerical and investigative are paid from legislative appropriations. The Attorney General and his assistants provide legal services to the Commission.

Author:

Statutory Authority: Code of Ala. 1975, §§36-21-41, 36-24-45.

History: Effective date: September 29, 1983.

650-X-1-.05 Rules Of Order. All proceedings of the Commission shall be governed by Robert’s Rules of Order, except during disciplinary hearings and except where otherwise provided in these rules.

Author:

Statutory Authority: Code of Ala. 1975, §§36-21-41, 36-24-45.

History: Effective date: September 29, 1983.

650-X-1-.06 Quorum. Four members of the Commission shall constitute a quorum.

Author:

Statutory Authority: Code of Ala. 1975, §§36-21-41, 36-24-45.

History: Effective date: September 29, 1983.

650-X-1-.07 Election Of Officers. The Commission shall elect a Chairman and Vice-Chairman from among its members on the first meeting after January 1st of each year.

Author:

Statutory Authority: Code of Ala. 1975, §§36-21-41, 36-24-45.

History: Effective date: September 29, 1983.

650-X-1-.08 Meetings.

(1) The Commission shall meet in regular session, quarterly, at a time and place in the State of Alabama, to be designated by the Chairman of the Commission.

(2) Special Meetings may be called by the Chairman, the Vice-Chairman or any three members, by giving notice of the time, place and purpose of such meeting to each member.

(3) Each member of the Commission shall be given at least five days of notice of the time, place and purpose of quarterly or Special Meetings. Such notice may be waived by all members of the Commission either before or after a Special Meeting.

Author:

Statutory Authority: Code of Ala. 1975, §§36-21-41, 36-24-45.

History: Effective date: September 29, 1983.

650-X-1-.09 Use Of Forms. All applications and requests for which the Commission has prescribed a form must be made on the prescribed form. Forms used by the Commission may be acquired from the Executive Secretary.

Author:

Statutory Authority: Code of Ala. 1975, §§36-21-41, 36-24-45.

History: Effective date: September 29, 1983.

650-X-1-.10 Executive Secretary. The Executive Secretary of the Commission is a certified law enforcement officer with the power of arrest as defined in Rule 650-X-1-.01(11) and shall be responsible for the administration of Commission policy. The Executive Secretary is designated as agent for the Commission for service of legal process upon the Commission. The Executive Secretary shall be custodian of the seal and shall have authority to affix the seal to agreements and obligations of the Commission and to certify copies of proceedings of the Commission. All correspondence to the Commission, including requests for information and all submissions and other requests, should be made to the Executive Secretary at the Commission's headquarters.

Author: Peace Officers Standards and Training Commission

Statutory Authority: Code of Ala. 1975, §§36-21-40, 36-21-51.

History: Effective date: September 29, 1983. Amended: Filed May 8, 1995; effective June 12, 1995. Amended: Filed September 12, 2000; effective October 17, 2000.

650-X-1-.11 Records.

(1) "Public Record" for the purpose of these Rules means all Commission records which are reasonably necessary to record the business and activities required to be done or carried on by the Commission so that the status and condition of such business and activities can be known by the public. Records which do not constitute "public records" include, but are not limited to, those received by a public officer in confidence, sensitive personnel and criminal records, complaints against law enforcement officers and individuals seeking certification as law enforcement officers, and records, the disclosure of which would be detrimental to the best interests of the public.

(2) Specific public records are available for inspection at Commission headquarters during regular business hours.

(3) Any person wishing to obtain copies of specific public records may request same from the Executive Secretary, and upon payment of the cost of copying which cost shall be estimated and set from time to time by resolution of the Commission, will be supplied copies.

Author:

Statutory Authority: Code of Ala. 1975, §§36-21-41, 36-24-45.

History: Effective date: September 29, 1983.

650-X-1-.12 Employment Of Agents, Etc. The Commission may employ investigators, inspectors, attorneys and any other agents and employees and assistants as may from time to time be necessary, and may use any other means necessary to bring about and maintain a rigid administration and enforcement of the Code and these rules.

Author:

Statutory Authority: Code of Ala. 1975, §§36-21-41, 36-24-45.

History: Effective date: September 29, 1983.

650-X-1-.13 Grants And Appropriations. The Commission is authorized to accept grants from the Federal government, its departments and agencies as well as grants and appropriations by the State, any county or municipality, or any individual, corporation or fund.

Author:

Statutory Authority: Code of Ala. 1975, §§36-21-41, 36-24-45.

History: Effective date: September 29, 1983.

650-X-1-.14 Declaratory Rulings.

(1) The Commission may issue declaratory rulings to any person substantially affected by a Rule with respect to the validity of the Rule, or with respect to the applicability to any person, property, or state of facts of any rule or statute enforceable by the Commission, or with respect to the meaning and scope of any order of the Commission. Such rulings shall be issued provided:

(a) The petitioner shows that he/she is substantially affected by the rule in question,

(b) Sufficient facts are supplied in the request to permit the Commission to make a valid determination, and

(c) The request arises from an actual question or controversy.

(2) A request for a declaratory ruling must be in writing and must specifically state that it is a "request for a declaratory ruling."

(3) Such rulings will be made in accordance with the Alabama Administrative Procedure Act §11.

Author:

Statutory Authority: Code of Ala. 1975, §§36-21-41, 36-24-45.

History: Effective date: September 29, 1983.

650-X-1-.15 Functions And Duties Of The Commission. The Commission shall have the following functions and duties together with all powers necessary or convenient for the performance thereof:

(1) To study, obtain data, statistics, and information and to make reports concerning the recruitment, selection and training of law enforcement officers in the state and to make improvements in methods of recruitment, selection, and training of law enforcement officers;

(2) To review from time to time the standards described in Section 36-21-46 for applicants for and appointees as law enforcement officers;

(3) To consider, hold public hearings on, adopt and promulgate standards relating to the physical, mental and moral fitness of any applicant for or appointee as a law enforcement officer as do not lower the standards in Section 36-21-46 or as otherwise permitted by Section 36-21-46;

(4) To study, consider, and make reports from time to time concerning the work and the curriculum and courses offered by law enforcement training schools in the State and to make recommendations for improving the schools, curriculum, and courses;

(5) To encourage the establishment of law enforcement training schools and courses on law enforcement in existing institutions of learning;

(6) To gather statistics and data relative to standards and training and make the same available to governmental entities upon request;

(7) To revoke its approval or certification of any person appointed or certified pursuant to this article for failure to meet the continuing training or education requirements set forth in the rules of the commission or for failure to meet the requirements of Section 35-21-46;

(8) To make investigation to determine whether the requirements of this article and the rules, regulations and standards of the Commission issued pursuant to this article are being observed and followed;

(9) To enforce this article and the rules, regulations, and standards issued by the commission with appropriate civil and criminal actions by the Attorney General, district attorneys or other appropriate officials;

(10) To enter into cooperative agreements with federal, state and local law enforcement agencies for effective training; and

(11) To obtain the services and advice of experts in the field of law enforcement for the purpose of aiding the Commission in its studies, considerations, reports and recommendations, and the adoption of standards, rules and regulations.

Author: Alabama Peace Officers Standards and Training Commission

Statutory Authority: Code of Ala. 1975, §§36-21-40, 36-21-51.

History: Effective date: September 29, 1983. Amended: Filed May 8, 1995; effective June 12, 1995. Amended: Filed April 4, 1997; effective May 9, 1997.

650-X-1-.16 Responsibilities Of Each Law Enforcement Agency.

(1) Each law enforcement agency shall have the responsible of seeing that all required forms and necessary information are properly submitted to the Commission in a timely manner.

(2) Each law enforcement agency shall have the responsible of assuring that each of its employees who are law enforcement officers, receive the training required by the Code of Ala. 1975, Title 36-21-40 through Title 36-21-52 or by the rules of the Commission.

(3) Each law enforcement agency shall cooperate with the Commission and its Executive Secretary in carrying out the provisions and responsibilities of the Code of Ala. 1975, Title 36-21-40 through Title 36-21-52 and the rules and regulations of the Commission.

(4) It shall be the responsibility of each law enforcement agency to submit an application to the Commission on the day the applicant is employed.

(5) It shall be the responsibility of each law enforcement agency to submit a notice of employment, within 10 days of employment, to the Commission on any law enforcement officer previously certified by the Commission.

(6) Each law enforcement agency shall file, within 10 days of the termination of a law enforcement officer, a notice of termination form with the Commission.

(7) It shall be the sole responsibility for each law enforcement agency to hire and/or terminate persons as law enforcement officers and not the responsibility, duty or obligation of the Commission.

(8) It shall be the responsibility of each law enforcement agency to conduct a thorough background investigation on each applicant.

Author: Peace Officers Standards and Training Commission

Statutory Authority: Code of Ala. 1975, §§36-21-40 thru 36-21-52.

History: Effective date: September 29, 1983. Amended: Filed May 8, 1995; effective June 12, 1995. Amended: Filed February 4, 1999; effective March 11, 1999. Amended: Filed August 11, 1999; effective September 15, 1999.