California Code of Regulations › Title 11 - Law › Division 2 - Commission on Peace Officer Standards and Training › Article 4 - Peace Officer Certification › Section 1203 - Peace Officer Disqualification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Pursuant to Penal Code section
				13510.8(a)(1),
				a certified peace officer shall have their certification revoked if the person is,
				or has become, ineligible to hold office as a peace officer pursuant to Government
				Code section
				1029. In this
				event, the Commission delegates to commission staff the authority to revoke any
				certificate, pending the Commission's final order, in accordance with the following
				procedure:
(b) Upon a preliminary
				determination by the Peace Officer Standards Accountability Division that the person
				is, or has become, disqualified for any of the reasons set forth in Government Code
				section
				1029, the
				commission shall serve upon the person a notice of intent to revoke the peace
				officer's certification by certified and regular mail. Receipt from the Department
				of Justice of the necessary disqualifying felony or misdemeanor conviction data
				specified in Government Code section
				1029(f)
				shall constitute prima facie evidence of the fact of the conviction.
(1) In the notice of intent to revoke the peace
				officer's certification, the commission shall advise the person that they have the
				right to respond to the intended revocation in the event that the person asserts
				that a disqualifying conviction did not occur.
(2) The person shall have 30 calendar days from
				the latest date of mailing of the notice of intent to provide a written response to
				the division regarding the revocation of the peace officer's certification based on
				the disqualifying conviction. The written response shall include the factual or
				legal basis supporting the contention that a disqualifying conviction did not occur,
				including all substantiating documents to support the contention. The written
				response shall be received or postmarked within 30 calendar days of the latest date
				of mailing of the notice of intent. Reasonable extensions of time to respond may be
				granted by the division upon a showing of good cause.
(3) If a written response is not received or
				postmarked within 30 calendar days of the latest date of mailing of the notice of
				intent, or within any extension of time granted for the response, the peace
				officer's certification shall be revoked by the division, by means of an interim
				order of disqualification and decertification, pending the Commission's final order.
				The person shall be served by regular and certified mail, written notice of the
				interim order of disqualification and decertification, which shall be placed, in
				accordance with the Bagley-Keene Act, on the consent calendar at the next regularly
				scheduled meeting of the Commission. Upon approval of the consent calendar by the
				Commission, the decertification order shall become final.
(4) If a written response is received, the
				division will review the response and conduct any appropriate additional
				investigation deemed necessary to determine whether a disqualifying conviction
				occurred. If, following review and any additional investigation, the division
				determines that a disqualifying conviction occurred, it shall serve an interim order
				of disqualification and decertification upon the person and/or their legal
				representative, and the matter shall be placed on the consent calendar at the next
				regularly scheduled meeting of the Commission. Following review of the conviction
				record, including the staff report and the response received from the person or
				their representative, pursuant to subdivision (b)(2), if the Commission agrees with
				the division's actions, the Commission shall summarily affirm the interim order of
				disqualification and decertification.