Rules of Georgia Peace Officer Standards And Training Council

CHAPTER 464-4 OFFICER REGISTRATION

464-4-.01 Application for Registration. Amended.

(a) Every person required or permitted to be registered as an officer shall make application on forms furnished by the Council, and in connection therewith shall, under oath, answer all questions, supply all information, and furnish all certificates, affidavits, waivers to obtain information and other supporting data as required. Any untrue, misleading or omitted statement contained in any such application shall be cause for denial, and if any registration has been granted, it shall be cause for the revocation of same.

(b) All applications for registration as a jail officer must be received by the Council by July 1, 2001. No person shall be permitted to submit an application for registration after that date. All persons filing applications after that date shall be required to meet the certification requirements of a jail officer.

(c) All applications for registration as a municipal probation officer must be received by the Council by July 1, 2008. No person shall be permitted to submit an application for registration after that date. All persons filing applications after that date shall be required to meet the certification requirements of a municipal probation officer.

464-4-.02 Qualifications for Registration. Amended. Any officer employed or appointed by a law enforcement unit or communications agency seeking registration under these Rules shall have the law enforcement unit or communications agency complete two (2) applicant fingerprint cards for each employee seeking registration. All fingerprint cards shall be processed by the Georgia Crime Information Center (GCIC) and the National Crime Information Center (NCIC) and the results returned to the Council.

464-4-.03 Applications to be Permanently Recorded: Responsibility to Keep Current. Amended. All registration applications under these Rules shall be a permanent record. It is expressly made the responsibility of the registered officer to keep such application current. Should any change occur during subsequent years after registration which would require a different answer to any questions contained in the application, or supporting document which is made a part of the application, such change must be reported as an amendment to the application within thirty (30) days of the date of the occurance of such change.

464-4-.04 Notification of Disciplinary Action. Amended. Any applicant/candidate for registration or registered officer who has any disciplinary action taken against him/her by any agency, organ, or department of this State, a subdivision or municipality thereof, or federal, shall notify the Council within fifteen (15) days of such action. For purposes of the fifteen (15) day time limit, evidence that notification was mailed within fifteen (15) days shall be sufficient. Disciplinary action as used herein means any action taken by any municipal, county, State, or federal agency against a registered officer, including but not limited to:

(a) arrest by local, State, or federal authorities;

(b) suspensions of thirty (30) days or longer, demoting (other than for administrative purposes) or termination by employing agency.

(c) indictments or presentments in any local, State or federal courts.

(d) conviction, penalty or any plea in any local, State or federal court.

(e) minor traffic citations written to a officer need not be reported to the Council.

464-4-.05 Notification Required by Agency. Amended. Law Enforcement Units suspending, for thirty (30) days or longer, demoting (other than for administrative purposes) or discharging an applicant/candidate for registration or registered officers for disciplinary reasons shall so inform the Council in writing within fifteen (15) days of such action and records concerning the disciplinary action shall be made available to an investigator with POST Council.

464-4-.06 Inquiries to Determine Compliance. Amended. The Council shall have the authority to initiate inquiries to determine compliance with the Peace Officer Standards and Training Act by individual peace officers. The officer's waiver signed upon application shall authorize the Council to obtain documents and other information necessary for the inquiry.

464-4-.07 Notification of Disciplinary Action. Amended. The Council shall notify all registered officers by mail or hand delivery of any disciplinary action or a hearing to determine if disciplinary action is appropriate. For purposes of notification, mailing by delivery confirmation or certified mail to the last address specified on the application or the last known address of the officer shall constitute proper service.

464-4-.08 Term of Registration. Any registration granted in accordance with O.C.G.A. 35-8 and the rules of the Council shall not terminate upon a subsequent employment or appointment as an officer, provided that subsequent employment or appointment as an officer is recognized by the Council to be substantially the same or similar to the employment or appointment by virtue of which said officer was exempted and registered as such; provided, further, that such subsequent employment or appointment is commenced within twelve (12) months of such prior termination as an officer.

464-4-.09 Notification of Long Term Medical Disability.

(a) Employing agencies receiving notice of a change in the medical condition, for other than a short-term condition, of any applicant, candidate for registration, or registered officer that prohibits the applicant, candidate, or officer from performing required duties, shall inform the Council in writing within ten (10) days of such action. As used in this section, the term short-term condition means a medical condition which, in the judgement of a licensed physician, surgeon or doctor of optometry, expressed in writing, will not persist for more than 180 days, or such other period as may be specified by the Council, in its judgement.

(b) Any applicant, candidate, or person registered, pursuant to O.C.G.A. Title 35, Chapter 8, and in compliance with the terms of registration in accordance with P.O.S.T. Rule 464-4-.08, who has a change in medical condition, on or after the effective date of this rule, for other than a short-term condition, and is terminated, voluntarily resigns, resigns in lieu of dismissal, demoted, suspended, or retires as the result of a change in medical condition which prohibits the applicant, candidate, or officer from performing required duties shall notify the Council in writing within fifteen (15) days of such action.

(c) A change in medical condition shall cause a review of the applicant, candidate, or officer's registration status by the Council as provided in O.C.G.A. 35-8-7.1(a)(10). If as a result of this review, the Council determines that the applicant, candidate, or officer is believed to be unable to perform the duties of an officer with reasonable skill and safety to citizens due to this change in medical status, the Council may take action as provided in O.C.G.A. 35-8-7.1(b)(1).

(d) The applicant, candidate, or officer shall be notified via certified mail of the Council's action and of the affected party's right to contest the action by submitting a request for hearing as provided in Section 464-8 as amended of P.O.S.T. Council Rules.

(e) The employing agency of the applicant, candidate, or officer shall be notified of the Council's action by forwarding a copy of the notice to the employing agency via U.S. Mail.

(f) If the affected applicant, candidate, or officer fails to request a hearing as provided in P.O.S.T. Rules, the decision of the Council shall become final.

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