California Code of Regulations › Title 11 - Law › Division 2 - Commission on Peace Officer Standards and Training › Article 3 - Regulatory Procedures › Section 1058 - Appeals Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any action
				to deny certification, or to suspend or decertify a course may be appealed to the
				Executive Director. The appeal and all relevant documentation the appellant believes
				supports the appeal, must be submitted in writing and received by the Executive
				Director within 45 calendar days of the Assistant Executive Director's notification
				of denial of certification, suspension, or decertification.
Within 45 calendar days of receiving the appeal, the Executive
				  Director shall respond to the appellant in writing with a decision affirming,
				  reversing or modifying the decision of the Assistant Executive Director, and provide
				  the reasons for the decision.
(b)
				The Executive Director's decision may be appealed to the Commission. The appeal and
				all relevant documentation the appellant believes support the appeal, must be
				submitted in writing and received by POST within 45 calendar days of the date of the
				Executive Director's decision.
Appeals received at least 45 calendar days prior to the next
				  scheduled Commission meeting will be heard at that meeting. Appeals received with
				  less than 45 days remaining prior to the next scheduled Commission meeting will be
				  heard at a subsequent meeting. The Commission shall notify the appellant of the
				  date, time, and location of the hearing within 10 calendar days of the receipt of
				  the appeal by the Commission.
At an appeal hearing, the burden of proof is on the appellant to
				  demonstrate to the Commission that error was committed by POST staff in its decision
				  (refer to Commission Procedure D-16 for Commission Appeals Process).
The Executive Director shall notify the appellant in writing of
				  the Commission's decision within 15 calendar days following the conclusion of the
				  hearing.
1. New section
				  filed 8-8-91; operative 9-9-91 (Register 91, No. 50).
2. Amendment filed
				  10-15-2007; operative 11-14-2007 (Register 2007, No. 42).
3. Amendment
				  filed 8-28-2014; operative 10-1-2014 (Register 2014, No. 35).
4. Change
				  without regulatory effect amending section filed 12-9-2015 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2015, No. 50).
5. Change without regulatory effect
				  amending subsection (b) filed 6-9-2016 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2016, No. 24).
6. Amendment of penultimate
				  paragraph of subsection (b) filed 12-31-2020; operative 4-1-2021 pursuant to
				  Government Code section
				  11343.4(b)(3)
				  (Register 2021, No. 1). (Filing deadline specified in Government Code section
				  11349.3(a)
				  extended 60 calendar days pursuant to Executive Order N-40-20.)
7.
				  Amendment of subsection (b) filed 10-15-2021; operative 1-1-2022 (Register 2021, No.
				  42). Filing deadline specified in Government Code section
				  11349.3(a)
				  extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60
				  calendar days pursuant to Executive Order N-71-20.
Note: Authority cited: Sections
					 13503 and
					 13506, Penal Code.
					 Reference: Section
					 13503(c),
					 Penal Code.