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Rules of Georgia Peace Officer Standards And Training Council

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CHAPTER 464-5   TRAINING

464-5-.01 Basic Course. Amended. The Council shall formulate and promulgate a program of instruction for each category of certified officer it deems necessary. The program will comprise fundamental skills and knowledge, and shall be designated the basic course.

464-5-.02 Attendance and Completion of the Basic Courses. Amended.

(a) Officers are required to attend and complete the basic course relating to the job they intend to perform. Unless otherwise authorized by statute or rule, if an officer changes the type of employment (e.g., - from a law enforcement officer to a correctional officer) he/she shall be required to attend the basic course in that field prior to performing the duties of that classification of certification. No person shall be permitted into the basic course without authorization from POST.

(b) Civilians may be allowed to attend the basic course provided they are sponsored by a law enforcement unit or academy and meet all pre-employment requirements if spaces are available. All tuition and costs associated with attendance in the basic course by the civilian shall be paid by the civilian or his/her sponsoring unit. Applications and background investigations for civilian applicants shall be the responsibility of the students sponsoring unit.

464-5-.03 Basic, In-Service Training and Specialized/Advanced Course Administration. Amended. Basic, in-service and specialized/advanced courses shall be administered by schools certified in accordance with these Rules, except that the Council may, in its discretion, recognize courses undertaken at any law enforcement unit, academy, university, college, junior college, technical school, trade school or similar institution which is substantially equivalent to that which the Council may establish. The Basic Course shall at all times be delivered on the premises of an academy certified in accordance with these Rules, and be delivered to the entire class as a single entity except where certain remedial training is required by POST policy. The Basic Course may be delivered at other sites specifically approved by Council providing the sponsoring academy can demonstrate the need for an off-site course based upon a training workload which is beyond the capacity and capabilities of on-site resources.

464-5-.03.1 Annual Firearms Training

a. Each person employed or appointed as a peace officer shall, as part of the annual training required by O.C.G.A. 35-8-21, satisfactorily complete during each calendar year the annual firearms training mandated by this rule. The failure by any peace officer to attend and successfully complete the training required by this rule shall result in the loss of that officer's power of arrest, as set forth in O.C.G.A. 35-8-21(d).

b. Annual firearms training shall, at a minimum, consist of two hours of training provided by a POST-certified firearms instructor, which training shall include, but not be limited to:

1. training on the Constitutional and legal limitations on the use of deadly force;

2. training on the agency's policies regarding the use of deadly force;

3. a demonstration of proficiency in the safe and effective use of the primary handgun carried and/or used by the particular officer, to include a course of fire that meets or exceeds the minimum standard set forth in the basic training course for which the officer was initially trained and is currently employed. In any instance where an officer has more than one peace officer certification, the higher standard shall apply. Any officer failing to achieve the required score in the above training may undergo additional courses of fire under the direction of a POST-certified firearms instructor in order to achieve a passing score.

464-5-.04 Instructor Training Course. Amended. The Council shall formulate and promulgate a program of instruction comprising fundamental instructional techniques, skills, and knowledge which shall be designated the instructor training course.

(a) The instructor training course shall include at least eighty (80) hours of study and instruction.

(b) The course content shall be prescribed in an official document entitled "A Program of Instruction for the POST Instructor Training Course."

(c) The instructor training course shall employ performance-oriented instructional methods that shall provide opportunities for each student to demonstrate successful achievement of established performance objectives.

(d) The instructor training course shall be administered by a certified school, POST Staff or any agency or institution which the Council shall recognize. Each person eligible for admission to the instructor training course shall demonstrate competency with respect to possession of requisite skills and knowledge.

464-5-.05 Schools Required to be Certified. Amended. Any school purporting to offer a basic course in accordance with these Rules shall comply with the certification provisions of this Chapter.

464-5-.06 Number of Certified Schools. Amended.

(1) The number of certified training schools shall be limited by the Council and all schools seeking certification shall, prior to the submission of application for certification, satisfy the Council of such need for an additional school based upon a training work load need beyond the capacity and capabilities of the existing system.

(2) If the Council determines that such need does not exist, Council shall notify the applicant thereof, and, upon request by the applicant, afford due notice and opportunity for hearing. If the Council, after affording such notice and opportunity for hearing, finds the need is not such to justify an additional academy, the applicant shall be advised in writing of the findings upon which such determination is based.

464-5-.07 Application for Certification. Amended. Every agency or organ of this State, subdivision or municipality thereof seeking school certification, shall make application on forms furnished by the Council and in connection therewith shall require all answers to questions be under oath and supply all information, and furnish all certificates, affidavits, and other requested supporting data. In all cases the application shall be made in the name of the agency or organ of this State, subdivision or municipality, and the application shall show that the certification is for the use of the applicant.

464-5-.08 School (Academy) Requirements. Amended. In order that a school be qualified for certification under these Rules, all facilities and equipment related to administration of instructional courses shall be subject to inspection by POST Staff to insure that the facilities are in compliance with applicable municipal, county, State and federal fire, sanitation, building and Council regulations. Copies of inspection reports shall be made available to the Council, upon request as evidence of compliance with said regulations; otherwise, a letter documenting compliance shall accompany the application.

464-5-.09 School (Academy) Director. Amended. A certified school shall employ a school director who is certified by the Council. Said school director shall be employed on a full-time basis to perform duties directly related to the operation of the school, and such other duties as the Council may direct. A school director employed by a regional police academy or state training academy shall be assigned no additional duties by the sponsoring agency which conflict with his/her duties as school director.

464-5-.10 School (Academy) Certification Suspension. Amended.

(1) Any school whose certified director resigns, is terminated, or otherwise leaves the employ of the school, or whose school director's certification is suspended or revoked, shall have its certification suspended after ten (10) days unless a temporary acting director is appointed by the sponsoring agency and written notice is served on the Council of the school's intention to comply with this Rule. A reasonable time shall be granted for the school to comply. Council may, in its discretion, suspend such school's certification until a proper determination is made after a hearing.

(2) The sponsoring agency of any school whose director resigns, is terminated, or otherwise leaves the employ of the school, may at the discretion of the Council's executive director subject to Council ratification, appoint an acting director for such period of time as is reasonable to employ and certify a full-time school director.

464-5-.11 School (Academy) Instructor Requirements. Amended. A certified school which offers any basic course shall employ at least one full-time certified instructor, other than the certified director, to perform duties directly related to the basic course. Such instructor employed by a regional police academy or the State training academy shall be assigned no additional duties except those as assigned by Council, which conflict with his/her full-time, primary instructional duties in a basic course.

(a) A certified school which offers training courses other than basic training shall employ at least one full-time-certified instructor, other than the certified director, to perform duties directly related to "other" training courses. Such instructor employed by a regional police academy or the State training academy may be assigned duties related to a basic course, but shall be assigned no other duties which conflict with his/her duties.

(b) Any number of additional certified instructors may be employed by a certified school.

(c) Any person employed on the staff or faculty of a certified school, including the school director, who teaches in a basic, refresher, advanced/specialized or instructor training course, shall be certified in accordance with these Rules.

(d) A certified school shall employ at least one full-time secretarial assistant to perform secretarial or clerical duties related to the administration of the school. The duties of the assistant shall be determined by the school director.

(e) Any certified school, other than a departmental academy, must operate twelve (12) months out of the calendar year.

(f) Any person employed on the staff or faculty of a certified school, including the school director, who teaches in a basic, refresher, advanced/specialized or instructor training course, shall be required to attend forty (40) hours of career development training and/or area specialization training each year.

464-5-.13 Advisory Board. Amended. All certified regional academies which offer in-service training courses shall have a regional academy advisory board whose composition, functions, duties and methods of selection shall be determined by Council.

464-5-.14 Recognition of Courses. The Council may certify or recognize any advanced/specialized training course that is conducted by a certified school or by an institution other than a certified school, provided such school or institution has complied with all rules, policies, guidelines, and procedures adopted by Council.

464-5-.15 Period of Certification. Annual Renewals. Certification shall continue in effect for twelve calendar months commencing with the award of a certificate. The Council shall evaluate each certified school within twelve calendar months commencing with the award of a certificate and annually thereafter to determine continued compliance with the qualification requirements of this Chapter, adherence to contractual obligations, and maintenance of acceptable instructional quality. The Council shall award letters of renewal to schools found in continued compliance.

464-5-.16 Failure to Comply. The Council shall deny certification to any school which fails to comply with the certification provisions of this Chapter. The Council may suspend, revoke or refuse to renew certification of any school at any time, which fails to maintain the qualifications provided for in this Chapter.

464-5-.17 Reapplication: Reinstatement. Any school to which certification has been denied or whose certification has been revoked or has lapsed may reapply or petition the Council for re-certification no sooner than six months after action by Council becomes final. The Council may require a hearing at which time an affected school shall show cause why its application should be accepted or its petition granted.

464-5-.18 Information and Inspection. Any school certified or seeking certification under these Rules shall supply such information or assist in such reasonable inspection as the Council deems necessary.

464-5-.19 School Director Certification. In order that a school director be qualified for certification under these Rules the following requirements shall be met:

(a) At the time of making application for certification under these Rules, a school director shall:

1. be a candidate for full-time employment and qualified for instructor certification in accordance with these Rules;

2. possess a baccalaureate degree from an accredited institution of higher learning;

3. have at least five years experience in criminal justice;

4. possess good moral character.

(b) No school director shall be certified under these Rules without having been interviewed by Council and without having completed an application, as required by Council.

464-5-.20 Emergency Suspension for Failure to Maintain Training.

(1) Beginning January 1, 2013, POST shall review the status of each officer’s training record in accordance with O.C.G.A. 35-8-21. A review will be made of the officer’s previous calendar year training. Any peace officer who does not fulfill the training requirements of this Code section shall lose his power of arrest and POST shall issue a suspension of their certification as provided in O.C.G.A. 35-8-7.1(b)(1).

(2) Upon review of the record and a determination that the officer is out of compliance with O.C.G.A. 35-8-21, the executive director of the council shall order the emergency suspension of such officer's certification. The order of emergency suspension shall be made in writing and shall specify the basis for the executive director's determination. The emergency suspension order of the executive director shall continue in effect until such time as proof of compliance with O.C.G.A. 35-8-21. At that time, the order is withdrawn by the executive director.

(3) The affected officer shall be notified via certified mail of the Council's action and of the affected party's right to request a hearing as provided in Section 464-8 as amended of P.O.S.T. Council Rules.

(4) The employing agency of the affected officer shall also be notified of Council's action by forwarding a copy of the notice to the employing agency via U.S. Mail.

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