Ala. Admin. Code r. 650-X-12-.02

Current through Register Vol. 42, No. 10, July 31, 2024

Section 650-X-12-.02 - Continuing Education

(1) Certified law enforcement officers in this state shall annually complete and report twelve (12) hours of continuing education courses approved by the Commission.

(a) Law enforcement officer includes all officers certified by the Alabama Peace Officers Standards and Training Commission who have arrest powers to include reserve officers who are certified and have the power of arrest.

(b) In the case of law enforcement officers employed as Deputy Sheriffs by a county sheriff's office, the training shall be required only if the county commission of the county in which the officer serves adopts a resolution requiring such continuing education.

(c) No reserve deputy sheriff or auxiliary, who is a law enforcement officer, is exempt from completing the annual continuing education requirements.

(2) The Alabama Peace Officers Standards and Training Commission may, for sufficient cause, grant an extension of time in which to complete said courses.

(a) Any certified law enforcement officer who is a member of the Alabama National Guard or U.S. Military Reserve and who is ordered to active duty because of a declared state of national emergency shall be exempt from continuing education requirements while he or she is serving on active military duty, provided the certified law enforcement officer's continuing education is current and not delinquent at the time he or she is called to active military service, and further provided that the order to active duty is for a period exceeding six (6) continuous months.

(b) The Chief Law Enforcement Officer of the employing agency must file a written request to the Executive Secretary stating that the officer is currently employed and has been ordered to active military duty for a period of time exceeding six (6) continuous months because of a declared state of national emergency. A copy of the officer's military orders shall be included with the request.

(c) This exemption shall not extend beyond twenty-four (24) months. The officer is required to complete the exempted hours of training during the first calendar year of his/her return to law enforcement officer status.

(3) A certified law enforcement officer in this state may keep up or maintain their continuing education courses for two (2) years without being employed as a law enforcement officer to allow them to re-enter the field of law enforcement without having to take the recertification training. This training will be maintained by the law enforcement officer and provided to the Alabama Peace Officers Standards and Training Commission immediately after reemployment as a law enforcement officer within the two-year period. The courses must be acceptable and approved by the Commission.

(4) After a two (2) year, but less than ten (10) year, absence from employment as a law enforcement officer in this state, a previously certified law enforcement officer in this state shall be required to apply for renewal of his/her certification which will require successful completion of a Commission approved academy recertification course. A previously certified law enforcement officer in this state, who has not been employed as a law enforcement officer for two years, but less than ten (10) years in this state, may be provisionally appointed for six months by the employing agency upon their submitting a notice to the commission as required by Rule 650-X-l-.16(5) and an application for training as set out in Rule 650-X-2-.09, requesting to attend the next available academy recertification course. All provisional appointment restrictions apply to this applicant until completion of the academy re-certification course.

(a) The provisional appointment of any law enforcement officer shall be null and void at the end of six months (180 days) after appointment unless that person has completed the academy re-certification course. Said person shall then be required to attend the regular basic law enforcement training course.

(5) After a ten (10) year absence from employment, appointment or approval as a law enforcement officer in this state, a previously certified law enforcement officer's certification is deemed void and he/she may only be employed, appointed, or approved as a provisionally appointed non-certified applicant.

(6) Continuing Education credit may not be granted for recertification training, i.e.; chemical aerosol, firearms qualification, defensive driving, etc.

(7) No more than six hours annually of continuing education credit may be obtained through video, computer, multi-media, or satellite-based training and the training must:

(a) Be approved by the agency head in advance, and

(b) Be directly related to law enforcement, and

(c) Occur in a classroom setting, and

(d) Have a training coordinator or department official present, and

(e) The student achieve a minimum passing score of 70% or above on a post-viewing examination.

(8) Continuing education shall be reported to the Commission by each agency head in the manner prescribed by the Commission.

(9) Permanent training records verifying course of study, including syllabus listing instructor(s), institution sponsoring name, date and time of training and proof of officer attendance shall be maintained by the law enforcement agency. All training records shall be available to inspection and verification by the Commission.

(10) The certification of any law enforcement officer, not otherwise exempt, shall be suspended if the law enforcement officer's continuing education becomes delinquent twenty-four (24) or more hours. The law enforcement officer shall then be required to complete the Alabama Peace Officers Standards and Training Commission academy re-certification training program before having his/her certification reinstated. The Executive Secretary shall notify the law enforcement officer and the chief law enforcement officer of the employing agency, thirty (30) days before the effective date of said suspension.

(a) The certification of any law enforcement officer shall be automatically suspended if the law enforcement officer's employment is terminated and he/she is in violation of this section at the time of termination.

(11) Any law enforcement officer who fails or refuses to comply with the provisions of this section or who falsely reports training shall be subject to having his/her certification revoked by the Alabama Peace Officers Standards and Training Commission.

(12) Law enforcement officers who have honorably retired from law enforcement in this state, and who qualify under Title 36-21-9, Code of Ala. 1975, with 20 years or more of service, are exempt from Section (3), (4), and (5) of this rule.

(13) Any law enforcement officer who is aggrieved by any order or ruling made under the provisions of this section shall have the same rights and procedure of appeal as from any other order or ruling of the Alabama Peace Officers Standards and Training Commission.

Ala. Admin. Code r. 650-X-12-.02

New Rule: Filed February 4, 1999; effective March 11, 1999. Amended: Filed January 12, 2000; effective February 16, 2000. Amended: Filed September 12, 2000; effective October 17, 2000. Amended: Filed December 12, 2000; effective January 16, 2001. Amended: Filed January 15, 2002; effective February 19, 2002.

Amended by Alabama Administrative Monthly Volume XXXV, Issue No. 12, September 29, 2016, eff. 10/21/2017.

Author: R. Alan Benefield, Executive Secretary

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