Current through Register Vol. XLI, No. 44, November 1, 2024
Section 149-2-5 - Instructor Certification5.1. Law Enforcement Level 1 Instructor Certification. 5.1.a. Standards. -- All law enforcement level 1 instructors' certifications are valid for four (4) years if the level 1 instructor has:5.1.a.1. Current certification as a law enforcement officer in the State of West Virginia if applicable;5.1.a.2. A high school diploma or its equivalent;5.1.a.3. Three (3) years of experience as a police officer including a minimum of one (1) year, or for non-law enforcement officers a minimum of two (2) years of direct work experience in the occupation or area in which certification is desired;5.1.a.4. Completed a minimum of sixteen (16) hours of verified training in each academic subject area within the two (2) years preceding the application for which certification is desired; provided that certain training may require additional hours as required by the Subcommittee.5.1.a.5. Forty (40) hours of instructor development training approved by the Subcommittee. The course content shall include topic areas such as communication, psychology of learning, techniques of instruction, use of instructional aids, preparation and use of lesson plans, and preparation and administration of tests; and,5.1.a.6. Written recommendation if required from the applicant's agency head, or if a civilian, from a law enforcement agency head, training director or other recognized individual who knows the applicant's teaching abilities.5.1.b. Maintenance Requirements. -- In order to keep their certifications active, certified law enforcement level 1 instructors shall:5.1.b.1. Instruct at least eight (8) hours in a basic training program or a Subcommittee certified in-service program every twelve (12) months from the date of their original certifications; or,5.1.b.2. Attend, at a minimum, eight (8) hours on teaching updates or additional training in subject areas in which they are certified to instruct, every twelve (12) months of the original level 1 instructor certification.5.1.c. Inactive Instructor Status. -- Level 1 instructors placed on inactive status by the Subcommittee shall, within twenty-four (24) months of such placement, attend an eight (8) hour approved program in any inactive subject area; or teach eight (8) hours in a Subcommittee approved program in any inactive subject area under the direct supervision of an active, certified instructor. The Subcommittee shall revoke the level 1 instructor certification for failure to obtain or perform one of the above referenced acts in the time periods described.5.2. Firearms Level 1 Instructor Certification.5.2.a. Standards. -- Firearms level 1 instructors, in addition to qualifications required for law enforcement instructors set forth in subsection 5.1 of this rule, shall: 5.2.a.1. Have experience in the use, care, and maintenance of a firearm; and,5.2.a.2. Complete a law enforcement handgun firearms instructor school, of not less than forty (40) hours, approved by the Subcommittee.5.2.b. Maintenance of Certification. -- In order to keep their certifications active, level 1 firearms instructors shall:5.2.b.1. Instruct at least a two (2) hour block of firearms instruction in a department or committee recognized firearms certification program, either in a firearms associated classroom presentation or actually on the firearms range, every twenty-four (24) months from the date of their original level 1 instructor certifications; or,5.2.b.2. Attend, at a minimum, a four (4) hour program on teaching updates or additional training in subject areas in which they are certified to instruct within twenty-four (24) months of original level 1 instructor certification date.5.2.c. Inactive Instructor Status. -- Level 1 firearms instructors placed on inactive status by the Subcommittee shall within twenty-four (24) months of such placement, attend an eight (8) hour approved firearms training program or teach in a department recognized firearms program under the direct supervision of an active firearms instructor. The Subcommittee shall revoke the level 1 instructor certification for failure to obtain or perform one of the above referenced acts in the time periods described.5.3. Law Enforcement Level 2 Instructor Certification. 5.3.a. Standards. -- All law enforcement level 2 instructors' certifications are valid for four (4) years if the level 2 instructor has:5.3.a.1. Current certification as a law enforcement officer in the State of West Virginia;5.3.a.2. A high school diploma or its equivalent;5.3.a.3. Seven (7) years of experience as a certified police officer;5.3.a.4. Four (4) years of experience as a level 1 instructor within the previous five (5) years;5.3.a.5. Successfully completed an approved instructor/trainer course in the subject matter requested within the previous five (5) years;5.3.a.6. Level 2 instructor applicants shall appear in person before the Subcommittee for approval.5.3.b. Maintenance Requirements. -- In order to keep their certifications active, certified law enforcement level 2 instructors shall instruct at least eight (8) hours in a Subcommittee certified instructor-level program every twenty-four (24) months from the date of their original certifications.5.3.c. Inactive Instructor Status. -- Level 2 instructors placed on inactive status by the Subcommittee shall, within twenty-four (24) months of such placement, teach eight (8) hours in a Subcommittee approved instructor program in any inactive subject area under the direct supervision of an active, certified level 2 instructor.5.4. Waiver of Standards for Certain Individuals.5.4.a. Licensed members of the West Virginia State Bar, the medical profession and other similar professions; high school, community or junior college, college and university faculty members; certified emergency medical care or advanced first aid instructors; and employees of United States governmental agencies or of state or local agencies which have police regulatory power and whose training assignments are of such short duration as to make certification impractical, or are approved law enforcement instructors by other state or federal level law enforcement training and standards programs may apply to the Subcommittee for an exemption of the level 1 instructor certification process.5.4.b. The Subcommittee may waive any of the requirements of this section if it finds a person, although not meeting all of the eligibility requirements, is otherwise qualified to be an instructor.5.5. Validity of Certification. -- Law enforcement instructor certification is valid for a period of forty-eight (48) months from the date of approval in each area of expertise or firearm related area of expertise for instructors who have not had a revocation related action taken against their law enforcement instructor certification as set forth in subsection 5.6. of this Rule or their certification as a law enforcement officer as set forth in Section 16 of this Rule has not been suspended or revoked.5.6. Revocation or Suspension. -- The Subcommittee may revoke or suspend an instructor's certification: 5.6.a. When an instructor is found to be no longer qualified;5.6.b. When an instructor is separated from employment, as defined in subdivisions 17.2.c., 17.2.d., or 17.2.e. of this rule;5.6.c. When a recommendation to revoke or suspend certification is made by the director of a training program approved by the Subcommittee, or by the instructor's employer for failure to provide adequate or proper instruction; or,5.6.d. For falsified or omitted information on any necessary paperwork required by the Subcommittee.5.7. The provisions of this section are applicable to level 1 and level 2 instructors in all Subcommittee approved training.5.8. In the instance of the revocation or suspension of an instructor's certification the Subcommittee shall set the standards and requirements to be completed by the instructor for his or her certification to be made active once again.