Section 13 AAC 85.110 - Revocation of certificates(a) The council may revoke a basic, intermediate, or advanced certificate upon a finding that the holder of the certificate (1) falsified or omitted information required to be provided on an application for certification at any level, or in supporting documents;(2) has been discharged, or resigned under threat of discharge, from employment as a police officer in this state or any other state or territory for inefficiency, incompetence, or some other reason that adversely affects the ability and fitness of the police officer to perform job duties or that is detrimental to the reputation, integrity, or discipline of the police department where the police officer worked; or(3) does not meet the standards in 13 AAC 85.010(a) or (b).(b) The council shall revoke a basic, intermediate, or advanced certificate upon a finding that the holder of the certificate(1) has been convicted of a misdemeanor crime of domestic violence or, after hire as a police officer, has been convicted of a felony, or of a misdemeanor crime listed in 13 AAC 85.010(b)(2);(2) has, after hire as a police officer, (B) illegally used or possessed a Schedule IA, IIA, IIIA, IVA, or VA controlled substance, unless an immediate, pressing, or emergency medical circumstance existed to justify the use of a prescription Schedule IA, IIA, IIIA, IVA, or VA controlled substance not specifically prescribed to the person; or(C) illegally purchased, sold, cultivated, transported, manufactured, or distributed a controlled substance; or(3) has been discharged, or resigned under threat of discharge, from employment as a police officer in this state or any other state or territory for conduct that would cause a reasonable person to have substantial doubt about an individual's honesty, fairness, and respect for the rights of others and for the laws of this state and the United States or that is detrimental to the integrity of the police department where the police officer worked.(c) The executive director of the council may initiate proceedings under the Administrative Procedure Act for the revocation of a certificate issued by the council when the revocation complies with AS 18.65.130-18.65.290 and 13 AAC 85.005 - 13 AAC 85.120.(d) If a basic, intermediate, or advanced certificate was revoked under this section, the former police officer may petition the council for rescission of the revocation after one year following the date of the revocation. The petitioner must state in writing the reasons why the revocation should be rescinded. A revocation may be rescinded for the following reasons: (1) newly discovered evidence that by due diligence could not have been discovered before the effective date of the revocation;(2) the revocation was based on a mistake of fact or law, or on fraudulent evidence; or(3) conditions or circumstances have changed so that the basis for the revocation no longer exists.(e) If a petition for rescission is based on one or more of the reasons set out in (d) of this section, a hearing on the petition for rescission will be held before a hearing officer or the council. Following the hearing, the council will decide whether to rescind the revocation, and will state on the record at the hearing, or in writing, the reasons for the decision. If the revocation is rescinded, the petitioner is eligible for hire by a participating police department, but must serve the full probationary period required under 13 AAC 85.040(b) (3) before applying for reinstatement of a basic, intermediate, or advanced certificate.(f) A personnel action or subsequent personnel action regarding a police officer by the police officer's employer, including a decision resulting from an appeal of the employer's action, does not preclude the council from revoking the police officer's basic, intermediate, or advanced certificate under this section.(g) In this section, "discharged" includes a termination initiated by the police officer's employer because the officer does not meet the standards in 13 AAC 85.010(a) or (b).Eff. 9/23/84, Register 91; am 8/8/90, Register 115; am 10/24/92, Register 124; am 9/6/96, Register 139; am 7/15/98, Register 147; am 8/8/2007, Register 183; am 9/24/2016, Register 219, October 2016; am 9/1/2017,Register 223, October 2017Authority:AS 18.65.220
AS 18.65.240
AS 18.65.270