reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.11.01 - RULES OF THE IDAHO PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Section 11.11.01.081 - RESERVE PEACE OFFICER CERTIFICATION

Current through August 31, 2023
The Council may issue reserve peace officer certification for part-time employees of agencies who are assigned limited duties and work under the supervision of full-time, POST certified peace officers. (3-31-22)
01.
Eligibility
. An applicant for reserve peace officer certification must be a reserve peace officer employed on a part-time basis by an agency and meet minimum standards for employment as provided in these rules. (3-31-22)
02.
Reserve Officer Training
. An applicant for reserve peace officer certification shall complete the POST approved reserve peace officer academy. (3-31-22)
03.
Peace or Reserve Officers Certified In Another State, Commissioned by the Federal Government, or Graduates of a Basic Police Academy
. An applicant who has served as a full-time certified peace officer in another state or as a full-time commissioned peace officer of the federal government within the five (5) years immediately preceding application or has served as a certified reserve officer in another state or a student who has completed an equivalent to the basic patrol academy within the three (3) years immediately preceding application is eligible for reserve officer certification without attending the reserve officer academy, provided he: (3-31-22)
a. Submits, with a reserve officer certification packet, records of certifications and training from other states, and transcripts, certificates, diplomas, or other documents that verify the officer's training and experience; (3-31-22)
b. Discloses all information regarding any decertification investigation or proceeding or the equivalent from any other jurisdiction; (3-31-22)
c. Comply with any additional provisions required by POST. (3-31-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.11.01 - RULES OF THE IDAHO PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Section 11.11.01.082 - MARINE DEPUTY CERTIFICATION

Current through August 31, 2023
01.
Appointment by Sheriff
. Marine deputies may be appointed by the Sheriff of a county for the purpose of enforcing: (3-31-22)
a. The provisions of Title 67, Chapter 70, Idaho Code; (3-31-22)
b. The provisions of IDAPA 26, Title 01, Chapter 30, Administrative Rules of the Idaho Department of Parks and Recreation; (3-31-22)
c. City and county ordinances pertaining to watercraft and waterways; and (3-31-22)
d. Enforcement of Idaho Code as assigned by the Sheriff. (3-31-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.11.01 - RULES OF THE IDAHO PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Section 11.11.01.083 - PART-TIME JUVENILE DETENTION OFFICER CERTIFICATION

Current through August 31, 2023
A part-time juvenile detention officer must be certified by the Council within one (1) year of the date he was first employed as a part-time juvenile detention officer. (3-31-22)
01.
Eligibility
. An applicant shall: (3-31-22)
a. Meet the definition of part-time juvenile detention officer as defined in these rules. (3-31-22)
b. Meet the minimum standards for certification provided in these rules. (3-31-22)
c. Must have been employed by the agency for a minimum six (6) consecutive months, which may include part-time juvenile detention officer training time, prior to certification. (3-31-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.11.01 - RULES OF THE IDAHO PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Section 11.11.01.090 - CANINE-RELATED CERTIFICATIONS

Current through August 31, 2023
Canine related certificates ensure the competence of law enforcement canine teams and evaluators. These rules do not limit the use of canine teams employed by other states or federal agencies for law enforcement purposes, or the use of volunteer canine teams in which the handler is not an Idaho peace, detention, correction, or adult probation and parole officer. (3-31-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.11.01 - RULES OF THE IDAHO PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Section 11.11.01.091 - CANINE TEAM CERTIFICATION

Current through August 31, 2023
01.
Mandatory Certification
. A canine team shall be POST certified to perform law enforcement duties. (3-31-22)
02.
Eligibility
. A canine handler shall hold a POST law enforcement certification. Contract employees are not eligible for canine team certification. (3-31-22)
03.
Areas of Certification
. The Council shall certify a canine team which successfully demonstrates the handler's ability to control the dog, under the scrutiny of an evaluator, in addition to proficiency in one (1) or more areas as deemed by the Council. (3-31-22)
04.
Evaluation
. Evaluators of canine teams shall use POST standards for that particular skill category. Performance shall be rated on a pass/fail basis. The evaluator may discontinue testing if excessive time has been spent without results. The evaluator shall not be the owner or handler of the dog being evaluated, and not have a proprietary interest in the training of the team being evaluated. A Regional Training Specialist shall be notified of all canine certification testing. (3-31-22)
05.
Failed Evaluation
. If a team fails any portion of an evaluation, the entire evaluation is considered as having been failed. All skills shall be repeated and successfully demonstrated during retesting. The team shall wait at least twenty-four (24) hours before retesting, and be retested by the same evaluator, or his designee, that evaluated the failed test. (3-31-22)
06.
Expiration of Certification
. POST Canine Certification is valid for fifteen (15) months. A canine team must be evaluated prior to their certification expiration date to maintain certification. Certification shall lapse if the handler and canine dog cease to perform canine team functions together. (3-31-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.11.01 - RULES OF THE IDAHO PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Section 11.11.01.092 - CANINE EVALUATOR CERTIFICATION

Current through August 31, 2023
01.
Certification
. POST shall certify applicants who meet the requirements set forth in this section and are deemed qualified by their training and experience to evaluate police canine teams. Certificates shall be issued in the areas of Patrol and Detection. (3-31-22)
02.
Eligibility
. To be eligible for a Canine Evaluator Certificate, each applicant shall: (3-31-22)
a. Possess a current or previous POST professional certification and not have been previously decertified as a public safety official in any jurisdiction and comply with any additional provisions required by POST. (3-31-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.11.01 - RULES OF THE IDAHO PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Section 11.11.01.100 - LAPSE OF BASIC CERTIFICATION - REINSTATEMENT

Current through August 31, 2023
01.
Lapse by Time
. POST basic certification in any discipline will lapse if the officer does not serve as an officer in the discipline of certification in Idaho for three (3) consecutive years. The three-year period will be tolled during any time an officer is the subject of a POST decertification investigation and is no longer employed in law enforcement. (3-31-22)
02.
Exception for Officers Remaining With Agency
. A POST certified officer who changes from one certified discipline to another certified discipline while remaining with the same agency will retain certification in the original discipline in which he was employed if he satisfies continuing training requirements. (3-31-22)
03.
Reinstatement After Three to Five Years Absence
. An officer who has not served in full-time law enforcement from three (3) to five (5) years must meet the following requirements to be recertified: (3-31-22)
a. Submit a POST Certification Challenge Packet; (3-31-22)
b. Disclose all information regarding any decertification investigation or proceeding or the equivalent from any other jurisdiction. (3-31-22)
c. Comply with any additional provisions required by POST. (3-31-22)
d. Satisfy any applicable probationary period set forth in these rules. (3-31-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.11.01 - RULES OF THE IDAHO PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Section 11.11.01.110 - DECERTIFICATION

Current through August 31, 2023
01.
Mandatory Decertification
. The Council shall decertify any person for: (3-31-22)
a. A conviction of any felony or offense which would be a felony if committed in Idaho; (3-31-22)
b. A conviction for a misdemeanor offense involving domestic violence; (3-31-22)
c. Willfully falsifying or omitting any material information to obtain certification; (3-31-22)
d. Violating any provision of the Idaho Uniform Controlled Substances Act, Section  37-2701  et seq., Idaho Code, whether charged or not, or of a comparable statute of another state or country, if the violation occurred while employed as a law enforcement officer, in a prosecutorial position, or in a position of public safety, regardless of when the illegal use occurred. (3-31-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.11.01 - RULES OF THE IDAHO PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Section 11.11.01.111 - DECERTIFICATION PROCEEDINGS-GENERAL PROVISIONS

Current through August 31, 2023
01.
Legal Authority
. In accordance with the Idaho Rules of Administrative Procedure of the Attorney General, IDAPA 04.11.01.050, the Council partially declines to adopt the procedures established in IDAPA 04.11.01, but to the extent that the Council does adopt specific rules found in IDAPA 04.11.01 et seq. those rules are specified below. The procedures for fair hearings are provided within these rules to meet the unique requirements of the law enforcement profession for expeditious resolution of contested cases in order to assure public safety and to secure a just, speedy and economical determination of all matters presented to the Council. These procedures meet or exceed minimum Constitutional requirements for due process while allowing the Council to fulfill its obligations to protect the safety of the public and the integrity of the law enforcement profession. (3-31-22)
02.
Overview
. Pursuant to Idaho Code Section  19-5113, the Division Administrator shall investigate all trustworthy allegations of misconduct by a person holding POST certification and determine whether decertification proceedings will be commenced. (3-31-22)
03.
Stipulation or Relinquishment
. At any time during the course of an investigation, the person being investigated may stipulate to decertification or otherwise relinquish their certifications. (3-31-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.11.01 - RULES OF THE IDAHO PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Section 11.11.01.112 - DECERTIFICATION PROCEEDINGS-DUE PROCESS PROCEDURES

Current through August 31, 2023
If the Division Administrator determines through investigation (which constitutes the complaint for the purpose of a contested case proceeding before the agency) that the allegations of misconduct by a person, which if proven, are cause for decertification, the person shall be provided with notice and an opportunity to respond before a decision regarding decertification is made. (3-31-22)
01.
Notice of Intent to Decertify
. The Division Administrator shall provide the person who is the subject of the proceeding with a notice of the intent to decertify, which shall include: (3-31-22)
a. The basis for the contemplated decertification and an explanation of the evidence supporting the intended action. (3-31-22)
b. That the person has a right to be represented by a person of their own choosing. (3-31-22)
c. That the person may file a written response to object to the notice of intent to decertify. Said response shall be made within fourteen (14) days from the date of service of the notice of intent to decertify. The written response shall be made to the Division Administrator, setting forth any reasons why the intended action should not be taken. Concurrent with the written response, a written request may also be made for a conference with the Division Administrator to provide reasons why the intended action should not be taken. (3-31-22)
d. That the person may waive a response by submitting a written waiver to the Division Administrator. (3-31-22)
e. That, if the person waives a response or fails to respond within the designated time, signs an agreement to decertification or relinquishes their certificates; the Division Administrator will enter an order of decertification. (3-31-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.11.01 - RULES OF THE IDAHO PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Section 11.11.01.120 - POST INSTRUCTOR CERTIFICATION

Current through August 31, 2023
To ensure the competence of instructors of subjects pertinent to law enforcement personnel, the Council will certify instructors who meet the requirements set forth in these rules. (3-31-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.11.01 - RULES OF THE IDAHO PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Section 11.11.01.121 - POST INSTRUCTOR CERTIFICATION - GENERAL PROVISIONS

Current through August 31, 2023
01.
POST Training Credit
. POST will grant training credit for completion of training conducted by POST or instructed entirely by POST certified instructors provided the training is documented and meets POST training standards. (3-31-22)
02.
Agency Responsibility
. Agencies, school directors, and POST Academy and Regional Training Specialists shall supervise, monitor, and audit instructors and courses to ensure that instructional excellence is maintained. (3-31-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.11.01 - RULES OF THE IDAHO PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Section 11.11.01.122 - REQUIREMENTS FOR INSTRUCTORS OF LAW ENFORCEMENT SUBJECTS

Current through August 31, 2023
In addition to the other requirements for instructor certification set forth in these rules, instructors of law enforcement subjects must meet the following requirements. (3-31-22)
01.
Experience and Certification
. An applicant must have a minimum of three (3) years of law enforcement experience, possess current or previous Idaho POST professional certification, and must not have been previously decertified as a law enforcement official of any jurisdiction. (3-31-22)
02.
Instructor Development Course
. An applicant must complete the POST Instructor Development Course or approved equivalent. (3-31-22)
03.
Additional Requirements
. An applicant must comply with any additional provisions required by POST. (3-31-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.11.01 - RULES OF THE IDAHO PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Section 11.11.01.123 - REQUIREMENTS FOR HIGH LIABILITY INSTRUCTOR ENDORSEMENT

Current through August 31, 2023
POST certified instructors must obtain additional endorsements to instruct any topics deemed as "high liability" by the Council. (3-31-22)
01.
Completion of a High Liability Instructor School
. An applicant for High Liability Instructor Endorsement must complete all requirements of the POST instructor course specific to the high liability topic area in which the applicant intends to instruct. (3-31-22)
02.
Application
. After meeting the requirements for POST instructor certification, the applicant must submit a completed POST High Liability Instructor Endorsement Application Packet and must comply with any additional provisions required by POST. (3-31-22)
03.
Multiple Endorsements
. A current POST endorsed high liability instructor applying for instructor endorsement in an additional high liability topic area must meet the requirements of this section for the additional topic area prior to endorsement in that topic. (3-31-22)
04.
Instruction Pending Endorsement
. Prior to evaluation by a Regional Training Specialist, high liability instructor endorsement applicants cannot act as an instructor for any course offered for POST training credit in the intended topic area: Following completion of the POST instructor course specific to the intended high liability intended topic area, and upon notice from the Regional Training Specialist, the applicant may begin co-instruction of in the intended topic area, in preparation for evaluation. (3-31-22)
05.
Continuing Training Requirements
. High liability instructors must complete a minimum of eight (8) hours of continuing instructor training every two (2) years, including use of force law, liability, and further instructor training specific to the endorsed topic area(s). (3-31-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.11.01 - RULES OF THE IDAHO PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Section 11.11.01.124 - REQUIREMENTS FOR CANINE INSTRUCTOR CERTIFICATION

Current through August 31, 2023
POST canine instructor certificates recognize the competency of instructors of canine subjects pertinent to law enforcement. In addition to the other requirements set forth in these rules of POST Instructors, the following are necessary for award of a POST canine instructor certificate: (3-31-22)
01.
Canine Instructor School
. The applicant must have completed a POST approved Canine Instructor School. (3-31-22)
02.
Certification and Service in Specific Discipline
. The applicant must have served a minimum of five (5) years as a handler and have a minimum of five (5) annual certifications in the specific discipline for which certification is sought. (3-31-22)
03.
Canine Training
. The applicant must have received a minimum of six hundred eighty (680) hours of canine training. (3-31-22)
04.
Recommendation
. The applicant must be recommended for canine instructor certification by a committee comprised of a POST Training Specialist and two (2) POST certified canine instructors. (3-31-22)
05.
Application
. After meeting the foregoing requirements, the applicant must submit a completed Certified Instructor Packet to POST. (3-31-22)
06.
Requirements for Maintaining Certification
. To maintain certification, a POST certified canine instructor must teach a minimum of forty (40) hours every two (2) years in the specific discipline they are certified to teach. (3-31-22)
07.
Additional Requirements for Patrol Canine Instructor Certification
. In addition to the requirements in this section, applicants for Patrol Canine Instructor Certification must obtain a High Liability Instructor Endorsement. (3-31-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.11.01 - RULES OF THE IDAHO PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Section 11.11.01.125 - MASTER INSTRUCTOR CERTIFICATION

Current through August 31, 2023
POST master instructor certificates recognize exceptional competence as an instructor of instructors in subjects pertinent to law enforcement personnel. The Council will determine master instructor disciplines. In addition to the requirements otherwise set forth in these Rules, the following are required for award of a master instructor certificate. (3-31-22)
01.
POST Instructor Certification
. POST will determine the number of master instructor certifications issued based upon POST's need of instructors. An applicant shall be a current POST certified instructor in the subject for which master instructor certification is sought in for a minimum of three (3) years prior to application. The Council may, upon written request, waive this requirement in exceptional cases. An applicant shall: (3-31-22)
02.
Instruction
. Have instructed a minimum of forty (40) hours of classes in the subject for which he is applying for master instructor certification during each of the previous two (2) years. (3-31-22)
03.
Additional Training or Education
. Have received additional training or education beyond basic training in the area of their instructor certification. (3-31-22)
04.
Exceptional Ability
. Have demonstrated exceptional ability to develop and present training. (3-31-22)
05.
Recommendation
. Be recommended for master instructor certification by a Regional Training Specialist or POST certified master instructor. (3-31-22)
06.
Maintain Certification
. Teach a minimum of one (1) instructor class during the certification period to maintain certification. (3-31-22)
07.
Compliance With Other POST Requirements
. Comply with any additional provisions required by POST. (3-31-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.11.01 - RULES OF THE IDAHO PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Section 11.11.01.126 - MAINTAINING POST INSTRUCTOR CERTIFICATIONS AND ENDORSEMENTS

Current through August 31, 2023
01.
Renewal of High Liability Endorsement
. High liability instructor endorsements are valid for two (2) years, except Firearms endorsements which are valid for one (1) year, provided the instructor remains in good standing and complies with all POST requirements for in-service training. To renew the endorsement, the instructor must comply with any additional provisions required by POST. (3-31-22)
02.
Renewal of Master Instructor Certification
. Master instructor certification is valid for three (3) years. To renew the certification, the instructor must comply with any additional provisions required by POST. (3-31-22)
03.
Renewal of Canine Instructor Certification
. Canine instructor certification is valid for two (2) years. To renew the certification, the instructor must comply with any additional provisions required by POST. (3-31-22)
04.
Lapse of POST Instructor Certification
. Except as otherwise set forth in these rules, POST instructor certification is valid indefinitely, provided it is not suspended or revoked, the instructor remains in good standing, and complies with all POST in-service training requirements. (3-31-22)
a. Instructors who fail to instruct for a period of two (2) years will be deemed inactive and may not instruct as a POST instructor until they have reapplied. (3-31-22)
b. Inactive instructors may be required to complete a POST approved instructor orientation course. (3-31-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.11.01 - RULES OF THE IDAHO PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Section 11.11.01.127 - SUSPENSION AND REVOCATION OF INSTRUCTOR CERTIFICATION OR ENDORSEMENT

Current through August 31, 2023
01.
Suspension
. The Division Administrator may suspend instructor certification or endorsement for up to one year if an instructor significantly or repeatedly fails to develop, document, conduct, or report training activities according to POST standards, or fails to abide by the POST Instructor Code of Ethics. A suspension will initiate an immediate review to determine if a revocation of the instructor's certificate is warranted. (3-31-22)
02.
Revocation
. The Council may revoke instructor certification if an instructor is deemed unqualified to continue instructing. Review of instructor certification may be initiated upon request of an agency head, school director or coordinator, POST Division Administrator, the Council, or other reliable source. (3-31-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.11.01 - RULES OF THE IDAHO PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Section 11.11.01.130 - IN-SERVICE TRAINING REQUIREMENTS

Current through August 31, 2023
The Council may, as a condition of continuing certification, require law enforcement officers to attend in-service training meeting POST standards. (3-31-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.11.01 - RULES OF THE IDAHO PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Section 11.11.01.131 - IN-SERVICE TRAINING REQUIREMENTS FOR RETAINING BASIC CERTIFICATION

Current through August 31, 2023
01.
Peace Officers
. To retain POST certification, a peace officer must complete a minimum of forty (40) hours of continuing law enforcement training as directed by the POST Council every two (2) calendar years beginning January 1 following the date the officer was certified. This training must include a combined minimum twenty-four (24) hours of continuing law enforcement training in the following topics: (3-31-22)
a. Firearms: Eight (8) hours and an annual proficiency test (qualification); (3-31-22)
b. Arrest Techniques/Defensive Tactics (ARCON): Eight (8) hours; (3-31-22)
c. Emergency Vehicle Operation: Four (4) hours; (3-31-22)
d. Legal Update(s): Four (4) hours. (3-31-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.11.01 - RULES OF THE IDAHO PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Section 11.11.01.132 - DOCUMENTATION OF IN-SERVICE TRAINING

Current through August 31, 2023
01.
Agency Responsibility to Ensure Accuracy of Training Records
. Agency heads are required to ensure POST records of agency personnel training are up to date and complete as of December 31 of each year. (3-31-22)
02.
Agency Retention of Training Records
. Each agency shall maintain, and make available to POST, records of each in-service training course provided, including: (3-31-22)
a. The name of the course provider and name and resume of the course instructor; (3-31-22)
b. The course learning objectives, the number of instructional hours, the number of in-service training hours awarded and the attendance roster. (3-31-22)
c. The names of the trainees completing the course and the date of completion. (3-31-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.11.01 - RULES OF THE IDAHO PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Section 11.11.01.133 - POST CREDIT FOR IN-SERVICE TRAINING

Current through August 31, 2023
01.
Credit for POST In-Service Training Provided by a Post Certified Instructor in Idaho
. POST will grant training credit for in-service training according to the following criteria: (3-31-22)
a. The training was provided by Idaho POST Certified Instructor(s). One (1) or more training instructors for any class must be POST certified. Instructors who are not POST certified will not be given credit for POST instructor hours. (3-31-22)
b. The training was at least thirty (30) minutes in length. (3-31-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.11.01 - RULES OF THE IDAHO PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Section 11.11.01.134 - ALTERNATIVE METHODS OF IN-SERVICE TRAINING

Current through August 31, 2023
The Council may approve alternative methods of delivering training, including but not limited to training by videotape or compact discs, computer programs, internet-based training or written correspondence. (3-31-22)
01.
Training Medium
. The training medium utilized must be indicated on the application for approval of the training. (3-31-22)
02.
Specialized Equipment
. The applicant must provide POST with any specialized equipment, software, network access, etc. needed for the evaluation, at no cost at the time of application. (3-31-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.11.01 - RULES OF THE IDAHO PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Section 11.11.01.140 - LAW ENFORCEMENT CERTIFICATION PROGRAM APPROVAL

Current through August 31, 2023
POST approval of a law enforcement certification program is established to ensure that instruction offered by such programs is equivalent to or exceeds POST basic academy training. (3-31-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.11.01 - RULES OF THE IDAHO PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Section 11.11.01.141 - LAW ENFORCEMENT CERTIFICATION PROGRAM - GENERAL PROVISIONS

Current through August 31, 2023
01.
Eligibility
. To be eligible for approval as a law enforcement certification program, program must comply with all Idaho Department of Education standards if applicable, for such programs, and all other requirements of these rules. (3-31-22)
02.
Permission to Proceed With Approval Process
. A program seeking approval as a law enforcement certification program must receive permission to proceed from POST prior to beginning the approval process, comply with the requirements of these Rules, and contact a Regional Training Specialist to schedule an onsite assessment. (3-31-22)
03.
Initial Assessment
. POST will conduct an on-site assessment and provide the results to the program coordinator. (3-31-22)
a. If the assessment finds that all requirements for program approval have not been met, the program will be given ninety (90) days to correct the deficiencies and a Regional Training Specialist will conduct a second onsite assessment. (3-31-22)
b. If all requirements for the program approval are met, the Council will approve the program. (3-31-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.11.01 - RULES OF THE IDAHO PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Section 11.11.01.142 - ADMINISTRATION OF COLLEGE OR UNIVERSITY PROGRAM

Current through August 31, 2023
A college or university law enforcement certification program shall have an advisory committee comprised of the Division Administrator or his designee and criminal justice executives or their designees from several agencies representative of the region the program serves. (3-31-22)
01.
Chair and Vice-Chair; Selection; Term
. The advisory committee will elect a chair and vice-chair from among the committee members other than the Division Administrator or designee. The terms of office will be initially staggered. No chair or vice-chair may serve in that capacity for longer than four (4) consecutive years. (3-31-22)
02.
Duties of Chair and Vice-Chair
. The chair or vice-chair schedule meetings and set agendas for advisory committee, meetings, work with the program coordinator and the program's administration, and perform other duties as necessary. (3-31-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.11.01 - RULES OF THE IDAHO PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Section 11.11.01.143 - MAINTENANCE OF RECORDS

Current through August 31, 2023
A law enforcement certification program must maintain: (3-31-22)
01.
Course File
. A file for each POST approved law enforcement training course it conducts, including curriculum, class schedules, attendance and discipline records, counseling records, tests with answer sheets, a course summary, and course evaluations. (3-31-22)
02.
Student Training File
. A training file for each student including sufficient records to determine whether the student has completed all performance objectives. (3-31-22)
03.
Instructor File
. A file for each instructor for the program including proof that the instructor is POST certified for each subject the instructor teaches, a copy of the instructor's student evaluations for the past year, and any other pertinent information related to the instructor's performance. (3-31-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.11.01 - RULES OF THE IDAHO PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Section 11.11.01.145 - POST-GRADUATION SELF-EVALUATION

Current through August 31, 2023
A law enforcement certification program must conduct post-graduation evaluations of its entry-level training from six (6) to twelve (12) months after students leave the program, and must assess the relevance of the training to current law enforcement practices. (3-31-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.11.01 - RULES OF THE IDAHO PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Section 11.11.01.146 - INSTRUCTION

Current through August 31, 2023
A law enforcement certification program must: (3-31-22)
01.
Monitoring of Instruction
. Conduct periodic and random monitoring of instruction to ensure that lesson plans are being used, objectives are being addressed, appropriate instructional aids are available and being used properly, the instructor is in control and engaging the students; and classroom conditions such as lighting, noise levels, and temperature are acceptable. (3-31-22)
02.
Lesson Plans
. Have a lesson plan on file for every training class and must review and update lesson plans and curricula on a regular basis to ensure compliance with POST requirements. (3-31-22)
03.
Evaluation of Instructors
. Require students to complete written evaluations of every instructor. (3-31-22)
04.
Student Complaints
. Investigate any student complaint regarding an instructor or the training process. (3-31-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.11.01 - RULES OF THE IDAHO PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Section 11.11.01.147 - STANDARDS

Current through August 31, 2023
01.
Law Enforcement Certification Program Student
. Shall: (3-31-22)
a. Meet the minimum standards for POST certification as set forth in these rules, with the exception of age. (3-31-22)
b. Attest that he has read, understands, and will abide by the Law Enforcement Code of Conduct as set forth in these rules. (3-31-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.11.01 - RULES OF THE IDAHO PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Section 11.11.01.148 - PERIODIC ASSESSMENT BY POST

Current through August 31, 2023
01.
Assessment
. POST will perform periodic on-site assessments of each law enforcement certification program. POST will provide the program coordinator with no less than two (2) weeks notice prior to the assessment, and notify the program coordinator of the results. (3-31-22)
02.
Failure to Comply With Standards; Reassessment
. If a law enforcement certification program does not meet all requirements for POST approval, the Council may suspend approval and direct corrective action. (3-31-22)
a. The program must remedy all deficiencies within ninety (90) days of the initial assessment unless the Council grants an extension of time. (3-31-22)
b. After ninety (90) days, or the applicable period if an extension of time is granted, POST will conduct a reassessment of the program. If all deficiencies are corrected, the Council will approve the program. (3-31-22)
c. If all standards are not met, POST will notify the program administrator and, if applicable, the chairman of the program's advisory committee of the continuing deficiencies. The Council will review the reassessment report and may grant additional time to correct the deficiencies. (3-31-22)
d. If all deficiencies are not corrected, the Council will revoke approval. (3-31-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.13.01 - THE MOTOR CARRIER RULES › Section 11.13.01.001 - SCOPE

Current through August 31, 2023
These rules apply to intrastate motor carriers under the jurisdiction of the Idaho State Police and, when provided in the rule, to interstate or foreign carriers providing transportation of persons or property over highways of the state of Idaho by motor vehicles in the furtherance of their business or for hire. (3-23-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.13.01 - THE MOTOR CARRIER RULES › Section 11.13.01.002 - INCORPORATION BY REFERENCE

Current through August 31, 2023
In accordance with Section  67-5229, Idaho Code, the following sections of the Code of Federal Regulations, specifically 49 CFR, and 40 CFR are herein incorporated by reference: (3-23-22)
01.
Safety Fitness Procedures (See Section  012)
. Adoption of Federal Regulations, 49 CFR subtitle, chapter III. subchapter B - Federal Motor Carrier Safety Regulations; and 49 CFR subtitle B, chapter I. subchapter C-Hazardous Materials Regulations. Amendments to the annual volumes are published in the Federal Register, pending their incorporation in the next annual volumes. Whenever a federal regulation is adopted by reference in these rules, subsequent recompilations are also adopted by reference, but subsequent amendments are not. (3-23-22)
02.
Transportation of Hazardous Materials, Substances, and Wastes (See Section  018)
. Adoption of Federal Regulations. 40 CFR Part 262 and  49 CFR Parts 107,  171,  172,  173,  177,  178  and  180  are hereby adopted by reference. All interstate and foreign carriers and all intrastate carriers subject to the safety authority of the Idaho State Police while operating in Idaho that transport hazardous materials, substances or wastes listed in, defined by or regulated by  49 CFR Parts 107,  171,  172,  173,  177,  178  and  180  must comply with  49 CFR Parts 107,  171,  172,  173,  177,  178  and  180  applicable to motor carriers and their shippers, and the laws and rules of the state of Idaho. Whenever any of these federal regulations exempt intrastate carriers from any of their requirements, Section  018  removes that exemption and subjects intrastate carriers to the same requirements. The Department asserts its authority under Section  018, to the maximum extent allowed by Section  67-2901A, Idaho Code, Public Laws 89-670 and 89-170 (see  49 U.S.C. 502(c)(3)  ), 49 CFR Part 388 . (3-23-22)
a. Version of Federal Regulations Adopted. Per Section  49-2212, Idaho Code, the federal regulations adopted by reference in Section  018  of these rules, are those contained in the compilations of 40 CFR Part 262 published in the Code of Federal Regulations volume dated July 1, 1998, and as subsequently recompiled, and those contained in the compilations of  49 CFR Parts 107,  171,  172,  173,  177,  178  and  180  published in the Code of Federal Regulations volume dated October 1, 1998, and as subsequently recompiled, and all amendments to these rules appearing in the Federal Registers. Amendments to the annual volumes are published in the Federal Register pending their incorporation in the next annual volumes. (3-23-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.13.01 - THE MOTOR CARRIER RULES › Section 11.13.01.009 - RELIEF FROM REGULATIONS

Current through August 31, 2023
The Department may issue a declaration of emergency relieving intrastate carriers from the requirements of  49 CFR Parts 390 through  399  adopted by reference in Section  019  of these rules following the declaration of an emergency. The maximum duration of the declaration of emergency, the particular rules in  49 CFR Parts 390 through  399  from which the carrier is relieved from complying, and all other aspects relieved from regulation are the same as provided in those Federal regulations. (3-23-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.13.01 - THE MOTOR CARRIER RULES › Section 11.13.01.010 - DEFINITIONS

Current through August 31, 2023
Whenever any term used in these rules is defined or referred to in the Idaho Code, that term takes its statutory definition in these rules. (3-23-22)
01.
Commercial Motor Vehicle (CMV)
. Any self-propelled or towed motor vehicle used on a highway in interstate or intrastate commerce to transport passengers or property when the vehicle: (3-23-22)
a. Has a gross vehicle weight rating (GVWR) or gross combination weight rating (GCWR), or gross vehicle weight (GVW) or gross combination weight (GCW), of four thousand, five hundred thirty-six kilograms (4,536 kg.), (ten thousand, one pounds (10,001 lbs.)) or more, whichever is greater; or (3-23-22)
b. Is designed or used to transport more than eight (8) passengers, including the driver, for compensation; or (3-23-22)
c. Is designed or used to transport more than fifteen (15) passengers, including the driver, and is not used to transport passengers for compensation; or (3-23-22)
d. Is used in transporting material found by the Secretary of Transportation to be hazardous under  49 U.S.C. 5103  and transported in a quantity requiring placarding under regulations prescribed by the Secretary under 49 CFR, Subtitle B, Chapter I, Subchapter C. (3-23-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.13.01 - THE MOTOR CARRIER RULES › Section 11.13.01.012 - SAFETY FITNESS PROCEDURES

Current through August 31, 2023
01.
Purpose and Scope
. (3-23-22)
a. This section establishes procedures to determine the safety fitness of motor carriers, assign safety ratings, take remedial action when required and prohibit motor carriers receiving a safety rating of "unsatisfactory" from operating a commercial motor vehicle: (3-23-22)
i. To provide transportation of hazardous materials for which vehicle placarding is required in accordance with 49 CFR Part 172 , subpart F; or (3-23-22)
ii. To transport more than fifteen (15) passengers, including the driver. (3-23-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.13.01 - THE MOTOR CARRIER RULES › Section 11.13.01.018 - TRANSPORTATION OF HAZARDOUS MATERIALS, SUBSTANCES, AND WASTES

Current through August 31, 2023
01.
Obligation of Familiarity with Rules
. All interstate and foreign carriers and all intrastate carriers subject to Section  018  that transport hazardous materials, substances or wastes listed in, defined by or regulated by  49 CFR Parts 107,  171,  172,  173,  177,  178  and  180  must obtain copies of these federal regulations and make them available to their drivers and other personnel handling hazardous materials, substances or wastes and must familiarize their drivers and other personnel handling hazardous materials, substances or wastes with any regulation pertaining to the particular material, substance or waste that is transported. The annual volumes of the CFRs may be obtained from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402. Amendments to the annual volumes are published in the Federal Register, pending their incorporation in the next annual volumes. Failure to be familiar with these federal regulations adopted by reference is a violation of Section  018  of this Chapter for any carrier transporting such cargoes. The federal regulations adopted by reference in this Section  018  have the following subject matter: (3-23-22)
a. Part 107. Hazardous Materials Program Procedures. (3-23-22)
b. Part 171. General Information, Regulations and Definitions. (3-23-22)
c. Part 172. Hazardous Materials Table, special provisions, hazardous materials communications, emergency response information, and training requirements. (3-23-22)
d. Part 173. Shippers-General Requirements for Shipments and Packaging. (3-23-22)
e. Parts  174-176. (Not adopted regulations for railroads, aircraft and vessels). (3-23-22)
f. Part 177. Carriage by Public Highway. (3-23-22)
g. Part 178. Specifications for packagings. (3-23-22)
h. Part 179. (Not adopted regulations for rail tanker cars). (3-23-22)
i. Part 180. Continuing Qualification and Maintenance of Packagings. (3-23-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.13.01 - THE MOTOR CARRIER RULES › Section 11.13.01.019 - CARRIER SAFETY REQUIREMENTS

Current through August 31, 2023
01.
Adoption of Federal Regulations - Exceptions
. (3-23-22)
a. All interstate and foreign carriers and intrastate carriers, except those carriers listed in Subsection  019.01.b. of this rule, subject to the safety authority of the Idaho State Police while operating in Idaho that transport passengers or property, must comply with  49 CFR Parts 356,  365,  382,  383,  385,  387,  388  and  390  through  399, and the law and rules of the state of Idaho (except Part 391.11(b)(1) for intrastate carriers). (3-23-22)
b. Intrastate carriers operating commercial motor vehicles transporting property with a GVW, GVWR, GCW or GCWR greater than ten thousand (10,000) pounds and up to twenty-six thousand (26,000) pounds, subject to the authority of the Idaho State Police, must comply with  49 CFR Part 390 Subpart A, Part 391.15, Parts  392,  393, and Part  396.1,  396.3(a), (a)(1), and (a)(2), and  396.5  through  396.9  and the law and rules of the state of Idaho. All intrastate carriers transporting placardable quantities of hazardous material under  49 CFR Part 172, Subpart F and passengers, meeting the definition of a commercial motor vehicle, must comply with  49 CFR Parts 356,  365,  382,  383,  385,  387,  388  and  390  through  399, and the law and rules of the state of Idaho (except Part 391.11(b)(1) for intrastate carriers). (3-23-22)
c. The subject matter of  49 CFR 391.11(b)(1)  is a twenty-one (21) year minimum age for drivers of commercial vehicles subject to federal safety regulation. Intrastate carriers subject to the safety authority of the Idaho State Police may hire drivers who are eighteen (18) years or older as set forth in Section  49-303, Idaho Code. (3-23-22)
Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.13.01 - THE MOTOR CARRIER RULES › Section 11.13.01.031 - OBEDIENCE AND COMPLIANCE WITH RULES AND REGULATIONS

Current through August 31, 2023
01.
Proof of Compliance Required
. Whenever requested by an employee of this Department whose duties include enforcement of any of these rules and regulations, all motor carriers and their agents or employees are required to demonstrate proof of compliance with these rules. (3-23-22)
02.
Sanctions
. The failure of any motor carrier to obey and comply with these rules is just and sufficient cause for imposition of the sanctions authorized by Title 67, Chapter 29, Idaho Code. (3-23-22)
Idaho Administrative Code › Title IDAPA 12 - Finance, Department of › Rule 12.01.04 - RULES PURSUANT TO THE IDAHO CREDIT UNION ACT › Section 12.01.04.005 - DEFINITIONS

Current through August 31, 2023
The definitions used in this chapter are as follows:
				(3-31-22)
01.
Act
. Means
			 the Idaho Credit Union Law, Chapter 21, Title 26, Idaho Code.
			 (3-31-22)
02.
Applicant
. Means a group of persons applying for a credit union
			 charter. (3-31-22)
03.
Department
. Means the Idaho Department of Finance.
			 (3-31-22)
04.
Director
. Means the Director of the Department.
			 (3-31-22)
05.
Corporate
			 Credit Union
. Means a corporate credit union chartered under the
			 provisions of the act. (3-31-22)
06.
Credit Union
. Means a credit union chartered under the provisions
			 of the act. (3-31-22)
07.
NCUA
. Means the National Credit Union Administration.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 12 - Finance, Department of › Rule 12.01.04 - RULES PURSUANT TO THE IDAHO CREDIT UNION ACT › Section 12.01.04.010 - CHARTER APPLICATIONS

Current through August 31, 2023
01.
Guidelines for Approval of Credit Union Charters
. Each application
			 for a credit union shall set forth or show: (3-31-22)
a. The proposed name of the credit union;
			 (3-31-22)
b. The city, county, or
			 area in which the proposed credit union is to hold its charter;
			 (3-31-22)
c. A description of the
			 common bond for the field of membership of the potential members of the credit
			 union. Said field of membership should indicate that there are enough potential
			 members to allow the proposed credit union to successfully carry on credit
			 union operations; (3-31-22)
d. That
			 the stability of employment of the potential members of the credit union or
			 that the stability of membership in the association which comprises the common
			 bond of membership is sufficient to allow the credit union to maintain a stable
			 level of participation by members; (3-31-22)
e. The economic characteristics of the
			 proposed field of membership indicating the ability of members to provide funds
			 in sufficient amounts to carry out the purposes for which the credit union is
			 formed; (3-31-22)
f. That the
			 persons who form the common bond and potential field of membership of the
			 credit union have indicated sufficient interest in the credit union that the
			 Director may reasonably believe that credit union operations may be carried out
			 successfully. (3-31-22)