Md. Code Regs. 12.04.06.18

Current through Register Vol. 51, No. 25, December 13, 2024

Section 12.04.06.18 - Suspension and Revocation of Instructor Certification and Exemptions

A. The Deputy Director, in accordance with this regulation may temporarily suspend or permanently revoke an individual's instructor certification if the individual:

(1) Does not comply with Commission regulations;

(2) Falsifies or fails to maintain reports, forms, rosters, and other records required by the Commission;

(3) Facilitates or condones cheating on an examination, skills exercise, or other aspect of a training provider's course for which instruction is provided;

(4) Compromises the integrity of a training provider's training program or course;

(5) Misuses the authority granted by the instructor certification;

(6) Fails to provide required instruction or provides instruction that is erroneous or inadequate;

(7) Fails to cooperate with Commission audits or inquiries;

(8) Provides false or misleading information to the Commission; or

(9) Violates or fails to meet Commission requirements.

B. If the Commission has knowledge that an instructor has allegedly engaged in conduct specified under §A of this regulation, the Deputy Director shall:

(1) Provide written notice of the allegations to the instructor's supervising authority at the law enforcement agency, correctional unit, Department of Juvenile Services, training provider, or academy certified under COMAR 12.04.01.10B or COMAR 12.10.01.14B that employs or supervises the instructor who is the subject of the allegation;

(2) Ensure the allegation is thoroughly investigated; and

(3) Conduct a hearing to allow the allegation to be presented and the instructor to respond to the allegation.

C. After reviewing the information resulting from the investigation and conducting a hearing under §B of this regulation, the Deputy Director shall decide if the allegation is supported by fact.

D. If the Deputy Director decides the allegation is supported by fact, the Deputy Director may order that the instructor's certification be:

(1) Permanently revoked; or

(2) Temporarily suspended.

E. The Deputy Director shall submit a written report of findings to support a decision under §C of this regulation and order under §D of this regulation to:

(1) The instructor's supervising authority at the law enforcement agency, correctional unit, Department of Juvenile Services, training provider, or academy certified under COMAR 12.04.01.10B or COMAR 12.10.01.14B that employs or supervises the instructor who is the subject of the allegation; and

(2) The Police Training Commission or Correctional Training Commission that granted the instructor's certification.

F. The instructor who is the subject of the allegation may appeal the Deputy Director's decision under §C of this regulation and order under §D of this regulation to the Executive Director of the Police and Correctional Training Commissions.

G. Revoking or Suspending an Instructor Certification Exemption.

(1) The Deputy Director may permanently revoke or temporarily suspend an exemption from instructor certification granted under Regulation .04 of this chapter if the individual to whom the exemption was granted engages in conduct specified by §A of this regulation.

(2) If the Deputy Director considers revoking or temporarily suspending an exemption as provided by §G(1) of this regulation, the Deputy Director shall:

(a) Comply with the requirements of §B of this regulation, and may order that the exemption be revoked or temporarily suspended as provided by §D of this regulation; and

(b) Provide a written report on the findings and order under §G(2)(a) of this regulation to the:

(i) Individual to whom the exemption was granted; and

(ii) Training authority or training provider that requested the exemption.

(3) An exemption from instructor certification granted under Regulation .04 of this chapter may be revoked or temporarily suspended by the Deputy Director if the Deputy Director determines the individual no longer possesses the specialized skills or expertise to warrant the exemption.

Md. Code Regs. 12.04.06.18