reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - State Police › Michigan Commission on Law Enforcement Standards (MCOLES) › Law Enforcement Standards and Training › Part 4 - RECOGNITION OF PRIOR BASIC LAW ENFORCEMENT TRAINING AND EXPERIENCE › Section R. 28.14401 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 401. As used in this part:
(a) "Approved in-service law enforcement
				  training provider" means a training provider who delivers commission approved
				  in-service law enforcement training.
(b) "Post agency" means the state peace
				  officer standards and training agency or agencies, in a state other than
				  Michigan, that is authorized by that state's laws to establish training and
				  employment rules for the certification or licensing of law enforcement officers
				  in that state.
(c) "Program" means
				  both the curriculum component and the written and skill performance
				  examinations component of the recognition of prior basic law enforcement
				  training and experience program.
Michigan Administrative Code › Department - State Police › Michigan Commission on Law Enforcement Standards (MCOLES) › Law Enforcement Standards and Training › Part 4 - RECOGNITION OF PRIOR BASIC LAW ENFORCEMENT TRAINING AND EXPERIENCE › Section R. 28.14402 - Recognition of prior training and experience program; basic program eligibility

Current through Vol. 24-12, July 15, 2024
Rule 402. A person enrolling in the recognition of prior
					 basic law enforcement training and experience program shall submit a complete
					 application for enrollment to the commission before consideration for
					 acceptance into the program.
Michigan Administrative Code › Department - State Police › Michigan Commission on Law Enforcement Standards (MCOLES) › Law Enforcement Standards and Training › Part 4 - RECOGNITION OF PRIOR BASIC LAW ENFORCEMENT TRAINING AND EXPERIENCE › Section R. 28.14403 - Recognition of prior training and experience program; former Michigan officer candidate qualifications

Current through Vol. 24-12, July 15, 2024
Rule 403. A person who was previously certified or licensed
					 as a law enforcement officer in Michigan shall meet all of the following
					 requirements for admission to the program:
(a) Discontinuance in employment with full
				  empowerment as a licensed Michigan law enforcement officer for a period of time
				  in excess of that provided for in section 9(2) of the act, being MCL
				  28.609(2).
(b) Reasonably expect to
				  meet the selection and employment requirements of
				  R
				  28.14203(a) to (j), except for (g)
				  and (i), and
				  R
				  28.14204.
(c) The separation from employment as a law
				  enforcement officer shall have been under such conditions that qualify the
				  candidate for employment in Michigan as a law enforcement officer.
An obvious error in
					 R 28.14403 was corrected at the request of the promulgating agency, pursuant to
					 Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule
					 containing the error was published in Michigan Register, 2006 MR 11. The
					 memorandum requesting the correction was published in Michigan Register, 2008
					 MR 13
Michigan Administrative Code › Department - State Police › Michigan Commission on Law Enforcement Standards (MCOLES) › Law Enforcement Standards and Training › Part 4 - RECOGNITION OF PRIOR BASIC LAW ENFORCEMENT TRAINING AND EXPERIENCE › Section R. 28.14404 - Recognition of prior training and experience program; non-Michigan officer candidate qualifications

Current through Vol. 24-12, July 15, 2024
Rule 404. A person who is or was previously certified or
					 licensed as a law enforcement officer by a post agency in another state shall
					 meet all of the following requirements for admission to the program:
(a) Have completed a post agency basic law
				  enforcement training program recognized by the commission or have been employed
				  as a law enforcement officer before the establishment of training standards in
				  that state.
(b) Have been employed
				  as a law enforcement officer empowered to enforce all of the general criminal
				  laws in that state and have acted in that capacity for a minimum of 2080 hours
				  following the date of certification or licensing.
(c) Reasonably expect to meet the current
				  selection and employment standards of
				  R
				  28.14203(a) to (j), except for (g)
				  and (i), and
				  R
				  28.14204.
(d) If not currently employed as a law
				  enforcement officer, the separation from employment as a law enforcement
				  officer shall have been under such conditions that qualify the candidate for
				  employment in Michigan as a law enforcement officer.
An obvious error in
					 R 28.14404 was corrected at the request of the promulgating agency, pursuant to
					 Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule
					 containing the error was published in Michigan Register, 2006 MR 11. The
					 memorandum requesting the correction was published in Michigan Register, 2008
					 MR 13
Michigan Administrative Code › Department - State Police › Michigan Commission on Law Enforcement Standards (MCOLES) › Law Enforcement Standards and Training › Part 4 - RECOGNITION OF PRIOR BASIC LAW ENFORCEMENT TRAINING AND EXPERIENCE › Section R. 28.14405 - Recognition of prior training and experience program; Michigan Indian tribal law enforcement officer candidate qualifications

Current through Vol. 24-12, July 15, 2024
Rule 405. A person who intends to participate in the
					 recognition of prior basic law enforcement training and experience program by
					 virtue of employment as a Michigan Indian tribal law enforcement officer shall
					 comply with all of the following:
(a)
				  Have successfully completed a basic law enforcement training program recognized
				  by a post agency in another state, or a federally operated police training
				  school that was sufficient to fulfill the minimum standards required by federal
				  law to be appointed as a law enforcement officer of a Michigan Indian tribal
				  police force.
(b) Be currently
				  employed or have been employed as a law enforcement officer of a Michigan
				  Indian tribal police force for not less than 1 year and empowered to enforce
				  the criminal laws and have acted in that capacity following the date of
				  appointment.
(c) Reasonably expect
				  to meet the current selection and employment standards of
				  R
				  28.14203(a) to (j), except (g) and
				  (i), and
				  R
				  28.14204. If not currently employed as a law
				  enforcement officer, the separation from employment as a law enforcement
				  officer shall have been under such conditions that qualify the candidate for
				  employment in Michigan as a law enforcement officer.
An obvious error in
					 R 28.14405 was corrected at the request of the promulgating agency, pursuant to
					 Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule
					 containing the error was published in Michigan Register, 2006 MR 11. The
					 memorandum requesting the correction was published in Michigan Register, 2008
					 MR 13
Michigan Administrative Code › Department - State Police › Michigan Commission on Law Enforcement Standards (MCOLES) › Law Enforcement Standards and Training › Part 4 - RECOGNITION OF PRIOR BASIC LAW ENFORCEMENT TRAINING AND EXPERIENCE › Section R. 28.14406 - Recognition of prior training and experience program; preservice recruit candidate qualifications

Current through Vol. 24-12, July 15, 2024
Rule 406. A person who intends to participate in the
					 recognition of prior basic law enforcement training and experience program by
					 virtue of having been previously eligible for licensing, based on compliance
					 with the preservice recruit requirements in these rules, shall reasonably
					 expect to meet the current selection and employment standards in
					 R
					 28.14203 and
					 R
					 28.14204 upon employment as a law enforcement
					 officer.
An obvious error in
					 R 28.14403 was corrected at the
					 request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as
					 amended by 2000 PA 262, MCL 24.256. The rule containing the error was published
					 in Michigan Register, 2006 MR 11. The memorandum requesting the correction was
					 published in Michigan Register, 2008 MR
					 13
Michigan Administrative Code › Department - State Police › Michigan Commission on Law Enforcement Standards (MCOLES) › Law Enforcement Standards and Training › Part 4 - RECOGNITION OF PRIOR BASIC LAW ENFORCEMENT TRAINING AND EXPERIENCE › Section R. 28.14407 - Completion requirements; time limits; extension

Current through Vol. 24-12, July 15, 2024
Rule 407.
(1) A
				  candidate authorized to attend the recognition of prior basic law enforcement
				  training and experience program shall start those components of the program
				  required of the candidate within 3 months of receiving approval to enroll.
				  Failure by a candidate to comply with this requirement shall require the
				  candidate to reapply for admission to the program.
(2) Upon enrollment, the candidate shall
				  execute the commission's affidavit of compliance with applicant background and
				  eligibility requirements.
(3) For
				  good cause, the commission may waive the time requirements and grant one
				  3-month extension on an approved application.
(4) A candidate who does not complete the
				  program within 3 months of the start of the program shall be required to
				  reapply for admission to the program, except as provided in
				  R
				  28.14410(5).
Michigan Administrative Code › Department - State Police › Michigan Commission on Law Enforcement Standards (MCOLES) › Law Enforcement Standards and Training › Part 4 - RECOGNITION OF PRIOR BASIC LAW ENFORCEMENT TRAINING AND EXPERIENCE › Section R. 28.14408 - Recognition of prior training and experience program; hours; content, scope, and requirements; modification

Current through Vol. 24-12, July 15, 2024
Rule 408.
(1) The
				  recognition of prior basic law enforcement training and experience program
				  curriculum component content shall be set by the commission.
(2) The commission shall establish
				  requirements for the curriculum component of the program with respect to all of
				  the following:
(a) Criteria and qualification
				  for exemption from various parts of the curriculum component, with due
				  consideration for all of the following:
(i)
				  Previous training and experience.
(ii) The position for which employment is
				  sought.
(iii) Attendance and
				  participation.
(iv) Testing and
				  testing standards.
Michigan Administrative Code › Department - State Police › Michigan Commission on Law Enforcement Standards (MCOLES) › Law Enforcement Standards and Training › Part 4 - RECOGNITION OF PRIOR BASIC LAW ENFORCEMENT TRAINING AND EXPERIENCE › Section R. 28.14409 - Demonstrate competence on licensing and performance examinations

Current through Vol. 24-12, July 15, 2024
Rule 409.
(1) The
				  licensing examination shall be administered by the commission to determine that
				  a candidate possesses minimum competencies required for licensing only after
				  the candidate has successfully completed all assessments and
				  requirements.
(2) Performance
				  examinations may be administered by the commission to assess a candidate's
				  competence in skill areas.
(3)
				  Competence shall be demonstrated on each examination to successfully complete
				  the recognition of prior basic law enforcement training and experience
				  program.
(4) Administration of a
				  skill performance examination shall conform to the procedures used in the
				  recruit training program as specified in the policies and procedures manual
				  published pursuant to
				  R 28.14210.
(5) The commission may establish requirements
				  for exemption from various skill performance examinations, with due
				  consideration for both of the following:
(i)
				  Previous training and experience.
(ii) The position for which employment is
				  sought.
Michigan Administrative Code › Department - State Police › Michigan Commission on Law Enforcement Standards (MCOLES) › Law Enforcement Standards and Training › Part 4 - RECOGNITION OF PRIOR BASIC LAW ENFORCEMENT TRAINING AND EXPERIENCE › Section R. 28.14410 - Examination protocols; first assessment; second assessment; failure

Current through Vol. 24-12, July 15, 2024
Rule 410.
(1) A
				  person in the recognition of training and experience program who fails the
				  first assessment of the licensing examination is eligible for a second
				  assessment within the time limits provided in
				  R 28.14407.
(2) A person who fails the first assessment
				  of a performance examination in a skill area is eligible for a second
				  assessment in a failed skill area within the time limits provided in
				  R 28.14407.
(3) A second assessment on the licensing
				  examination or in a skill area shall be at the expense of the
				  applicant.
(4) A person who fails a
				  second assessment on the licensing examination or fails 2 or more skill areas
				  shall enroll in and successfully complete the Michigan basic law enforcement
				  training program to be employed and activated as a law enforcement
				  officer.
(5) A person who fails a
				  second assessment in not more than 1 skill area may, at that person's option,
				  do one of the following to complete the requirements of the failed skill area:
(a) Apply for enrollment and be accepted in a
				  regular basic training session at a Michigan basic police training academy for
				  training and testing in the failed skill area. An academy may decline an
				  enrollment request.
Comply with the following:
(i) The costs related to enrollment in an
				  academy shall be at the expense of the applicant or the employer.
(ii) Comply with all of the academy and
				  commission enrollment requirements.
(iii) Comply with and successfully complete
				  all of the academy attendance, participation, and testing requirements in the
				  failed skill area.
Michigan Administrative Code › Department - State Police › Michigan Commission on Law Enforcement Standards (MCOLES) › Law Enforcement Standards and Training › Part 4 - RECOGNITION OF PRIOR BASIC LAW ENFORCEMENT TRAINING AND EXPERIENCE › Section R. 28.14411 - Responsibilities of employing agency

Current through Vol. 24-12, July 15, 2024
Rule 411. Before permitting a person who has successfully
					 completed the recognition of prior basic law enforcement training and
					 experience program to work as a law enforcement officer, an employing agency
					 shall activate the person as a law enforcement officer under
					 R
					 28.14204.
Michigan Administrative Code › Department - State Police › Michigan Commission on Law Enforcement Standards (MCOLES) › Law Enforcement Standards and Training › Part 4 - RECOGNITION OF PRIOR BASIC LAW ENFORCEMENT TRAINING AND EXPERIENCE › Section R. 28.14412 - Request to conduct the recognition of prior training and experience program; minimum instructor qualifications

Current through Vol. 24-12, July 15, 2024
Rule 412.
(1) An
				  academy approved by the commission to conduct the basic law enforcement
				  training and experience program may apply for approval to conduct the
				  recognition of prior basic law enforcement training and experience program. The
				  commission may solicit additional academies to conduct the program.
(2) The minimum qualifications for
				  instructing in the program are the same as those prescribed for the basic law
				  enforcement training program.
(3)
				  An academy approved to conduct the recognition of prior basic law enforcement
				  training and experience program shall annually submit an operating plan to the
				  commission for approval. The program shall not be run until the operating plan
				  is approved and an operating agreement is in place.
(4) An academy or an approved in-service law
				  enforcement training provider may apply for approval to conduct a recognition
				  of prior basic law enforcement training and experience skill training program.
				  The skill training program shall compress the required skill area training, as
				  provided in
				  R 28.14410, into one condensed block
				  of instruction. The minimum qualifications for instructing in the program are
				  the same as those prescribed for the basic law enforcement training
				  program.
Michigan Administrative Code › Department - State Police › Michigan Commission on Law Enforcement Standards (MCOLES) › Law Enforcement Standards and Training › Part 4 - RECOGNITION OF PRIOR BASIC LAW ENFORCEMENT TRAINING AND EXPERIENCE › Section R. 28.14413 - Expiration of eligibility for licensing; extension

Current through Vol. 24-12, July 15, 2024
Rule 413.
(1)
				  Eligibility for activation as a law enforcement officer for a person admitted
				  to the recognition of prior basic law enforcement training and experience
				  program under
				  R 28.14403 to
				  R 28.14406 shall expire 12 months
				  after the completion of the program or the first assessment on the licensing
				  examination, whichever comes first.
(2) For good cause, the executive director
				  may waive the time requirements and grant one 3-month extension.
(3) A person who successfully completes the
				  program, and is activated as a law enforcement officer within the eligibility
				  period, shall be subject to time conditions as provided for in section 9(2) of
				  the act, MCL 28.609(2).
Michigan Administrative Code › Department - State Police › Michigan Commission on Law Enforcement Standards (MCOLES) › Law Enforcement Standards and Training › Part 4 - RECOGNITION OF PRIOR BASIC LAW ENFORCEMENT TRAINING AND EXPERIENCE › Section R. 28.14414 - Policies and procedures

Current through Vol. 24-12, July 15, 2024
Rule 414. The commission shall prepare and publish policies
					 and procedures which are consistent with the rules in this part and which shall
					 govern the implementation and administration of the recognition of prior basic
					 law enforcement training and experience program. The policies and procedures
					 shall be part of the policies and procedures manual published pursuant to
					 R 28.14210.
Michigan Administrative Code › Department - State Police › Michigan Commission on Law Enforcement Standards (MCOLES) › Law Enforcement Standards and Training › Part 5 - LICENSING, REPORTING, AND TRACKING › Section R. 28.14501 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 501. As used in this part:
(a) "Employment transaction" means any hire
				  or separation of a law enforcement officer from fully empowered
				  employment.
(b) "Non-state statute
				  employing agency" means an agency that does not meet the definition of a law
				  enforcement agency in
				  R
				  28.14102(f), but employs one or more
				  persons who meet the definition of a "police officer" or "law enforcement
				  officer" as provided in MCL 28.602(l), other than MCL 28.602(l)(i).
(c) "Separation from law enforcement
				  authority" means a discontinuation in employment as a licensed law enforcement
				  officer, including a change in fully sworn status, or removal of full
				  empowerment, if the separation exceeds the time frames specified in the act,
				  MCL 28.609(2). A separation from law enforcement authority has occurred if the
				  person is not at work and is unavailable to report for a regular duty shift as
				  a law enforcement officer for a period of time that exceeds the time frames in
				  MCL 28.609(2).
Michigan Administrative Code › Department - State Police › Michigan Commission on Law Enforcement Standards (MCOLES) › Law Enforcement Standards and Training › Part 5 - LICENSING, REPORTING, AND TRACKING › Section R. 28.14502 - Employment history record; maintenance

Current through Vol. 24-12, July 15, 2024
Rule 502.
(1) A
				  recognized law enforcement agency shall maintain an employment history record
				  for each law enforcement officer employed, subject to inspection by the
				  commission. The employment history record shall include all of the following
				  documentation:
(a) Proof of paid
				  employment.
(b) Standards
				  compliance documentation, as specified in
				  R 28.14504, if applicable.
(c) The officer's license issued by the
				  commission for that agency.
(d)
				  Proof of conferral of law enforcement authority.
(e) Proof of separation from law enforcement
				  authority, if applicable.
(f) Proof
				  of reinstatement of law enforcement authority, if applicable.
(g) Proof of separation from employment, if
				  applicable.
Michigan Administrative Code › Department - State Police › Michigan Commission on Law Enforcement Standards (MCOLES) › Law Enforcement Standards and Training › Part 5 - LICENSING, REPORTING, AND TRACKING › Section R. 28.14503 - MCOLES information and tracking network; maintenance of employment history record

Current through Vol. 24-12, July 15, 2024
Rule 503.
(1) A
				  recognized law enforcement agency shall report an employment history record for
				  each fully empowered law enforcement officer employed by the agency using the
				  MCOLES information and tracking network.
(2) For purposes of the MCOLES information
				  and tracking network and these rules, a non-state statute employing agency
				  shall be verified by the commission as a recognized law enforcement
				  agency.
(3) With respect to the
				  following, the agency shall verify existing information in the MCOLES
				  information and tracking network or submit compliance documentation for
				  information verified independently by the agency:
(a) Successful completion of basic law
				  enforcement officer training.
(b)
				  Screening for compliance with the employment standards in
				  R
				  28.14203,
				  R
				  28.14204,
				  R 28.14206 and
				  R 28.14207. Exceptions and comments
				  made by the person or persons conducting the screening shall be entered into
				  the MCOLES information and tracking network record.
(c) Initial law enforcement officer license
				  activation.
(d) Agency employment
				  transactions.
(e) Commission
				  mandated in-service law enforcement training.
Michigan Administrative Code › Department - State Police › Michigan Commission on Law Enforcement Standards (MCOLES) › Law Enforcement Standards and Training › Part 5 - LICENSING, REPORTING, AND TRACKING › Section R. 28.14504 - Standards compliance documentation; maintenance

Current through Vol. 24-12, July 15, 2024
Rule 504. An agency employing and activating a person, for
					 initial licensing or licensing pursuant to the recognition of prior basic law
					 enforcement training and experience program, being
					 R
					 28.14401, shall maintain all of the following
					 documentation:
(a) A copy of the
				  authorization for release of information for license activation form signed by
				  the person.
(b) A copy of the
				  position description for the position into which the officer was hired and
				  sworn.
(c) Proof of conferral of
				  authority, such as an oath of office, showing the name of the officer and the
				  date on which the person became a fully empowered law enforcement
				  officer.
(d) The commission
				  application for licensing completed by the agency to document that the
				  applicant met the selection and employment standards in
				  R
				  28.14204.
(e) A copy of the required state and federal
				  fingerprint search results.
(f) A
				  copy of the required background investigation, which shall be maintained for
				  not less than 5 years.
(g) A copy
				  of the required drug screen report.
(h) Proof of compliance with the education
				  requirements.
(i) Proof of United
				  States citizenship.
(j) A copy of
				  the officer's operator's or chauffeur's license valid at the time of license
				  activation.
Michigan Administrative Code › Department - State Police › Michigan Commission on Law Enforcement Standards (MCOLES) › Law Enforcement Standards and Training › Part 5 - LICENSING, REPORTING, AND TRACKING › Section R. 28.14505 - Document retention; academies

Current through Vol. 24-12, July 15, 2024
Rule 505.
(1) An
				  academy shall retain standards compliance documentation for preservice and
				  preservice college recruits for 3 years following the completion of training or
				  until the recruit is licensed as a law enforcement officer, whichever is
				  longer.
(2) An academy shall retain
				  both collective and individual basic training academy session documents, except
				  for those records forwarded to the commission, for 30 years from the date of
				  creation of the document.
(3) An
				  academy approved to conduct the recognition of prior basic law enforcement
				  training and experience program shall retain documentation of standards
				  compliance by participants for 3 years and collective and individual
				  documentation of attendance and training, not forwarded to the commission, for
				  30 years.
Michigan Administrative Code › Department - State Police › Michigan Commission on Law Enforcement Standards (MCOLES) › Law Enforcement Standards and Training › Part 5 - LICENSING, REPORTING, AND TRACKING › Section R. 28.14506 - Employment; all applicants

Current through Vol. 24-12, July 15, 2024
Rule 506. An agency shall do all of the following when
					 hiring an applicant as a licensed law enforcement officer:
(a) Verify that the person complies with each
				  of the selection and employment standards in
				  R
				  28.14203 and
				  R
				  28.14204.
(b) Certify that the person is employed and
				  paid at least a federal minimum wage by the agency as of the date of full
				  empowerment.
(c) Verify that the
				  person has not been convicted of a felony as that term is defined in the
				  act.
(d) Verify that the person has
				  not been convicted of a misdemeanor offense of domestic violence, or is
				  otherwise the subject of a court order, which may make the person ineligible to
				  possess a firearm.
(e) The
				  information in this rule shall be submitted to the commission using the MCOLES
				  information and tracking network.
Michigan Administrative Code › Department - State Police › Michigan Commission on Law Enforcement Standards (MCOLES) › Law Enforcement Standards and Training › Part 5 - LICENSING, REPORTING, AND TRACKING › Section R. 28.14507 - Employment; applicant whose Michigan license has not lapsed

Current through Vol. 24-12, July 15, 2024
Rule 507. When employing a person previously licensed as a
					 law enforcement officer in Michigan who is within the time frames in the act,
					 being MCL 28.609(2), an agency shall do all of the following in the order
					 listed:
(a) Verify the applicant's
				  eligibility for licensing through the MCOLES information and tracking
				  network.
(b) Administer the oath of
				  office conferring full law enforcement authority on the applicant.
(c) Place a copy of the law enforcement
				  officer new hire notification, which documents the conferral of law enforcement
				  authority, in the officer's employment history record at the agency.
(d) Report the employment transaction to the
				  commission using the MCOLES information and tracking network within 3 business
				  days.
Michigan Administrative Code › Department - State Police › Michigan Commission on Law Enforcement Standards (MCOLES) › Law Enforcement Standards and Training › Part 5 - LICENSING, REPORTING, AND TRACKING › Section R. 28.14508 - Employment; applicant eligible for licensing

Current through Vol. 24-12, July 15, 2024
Rule 508. When employing an applicant eligible for
					 activation as a licensed law enforcement officer, an agency shall do all of the
					 following concerning that person in the order listed:
(a) Verify eligibility for licensing using
				  the MCOLES information and tracking network.
(b) Activate the person as a licensed law
				  enforcement officer, as provided in
				  R 28.14205.
(c) Place a copy of the license activation
				  report, which documents the conferral of law enforcement authority, in the
				  officer's employment history tracking record at the agency.
Michigan Administrative Code › Department - State Police › Michigan Commission on Law Enforcement Standards (MCOLES) › Law Enforcement Standards and Training › Part 5 - LICENSING, REPORTING, AND TRACKING › Section R. 28.14509 - Notice of separation from employment; return of license

Current through Vol. 24-12, July 15, 2024
Rule 509.
(1) An
				  agency shall report to the commission the separation from employment of a
				  licensed law enforcement officer within 3 business days of separation using the
				  MCOLES information and tracking network.
(2) The report of separation shall include
				  both of the following:
(a) The reason for the
				  separation.
(b) The total hours
				  worked by that officer during the calendar year of the separation.
Michigan Administrative Code › Department - State Police › Michigan Commission on Law Enforcement Standards (MCOLES) › Law Enforcement Standards and Training › Part 5 - LICENSING, REPORTING, AND TRACKING › Section R. 28.14510 - Notice of separation from law enforcement authority

Current through Vol. 24-12, July 15, 2024
Rule 510. An agency shall report to the commission the
					 separation from law enforcement authority of a licensed law enforcement officer
					 within 3 business days of knowledge of the separation using the MCOLES
					 information and tracking network. The agency shall make the report when the
					 separation is of an undetermined length or may exceed the time frames specified
					 in the act, being MCL 28.609.
Michigan Administrative Code › Department - State Police › Michigan Commission on Law Enforcement Standards (MCOLES) › Law Enforcement Standards and Training › Part 5 - LICENSING, REPORTING, AND TRACKING › Section R. 28.14511 - Employment roster; annual agency verification

Current through Vol. 24-12, July 15, 2024
Rule 511. Each agency shall annually confirm its roster of
					 commission licensed law enforcement officers by doing all of the
					 following:
(a) Verify that all
				  licensed law enforcement officers employed by the agency are listed on the
				  agency roster in the MCOLES information and tracking network.
(b) Verify that the current status of each
				  officer is accurate and report the number of paid hours actually worked by each
				  full-time and part-time commission licensed officer during the most recent
				  complete calendar year.
(c) Submit
				  changes or corrections to the commission using the MCOLES information and
				  tracking network during the annual registration window specified by the
				  commission.
Michigan Administrative Code › Department - State Police › Michigan Commission on Law Enforcement Standards (MCOLES) › Law Enforcement Standards and Training › Part 5 - LICENSING, REPORTING, AND TRACKING › Section R. 28.14512 - In-service law enforcement training; providers; requirement to register; sanctions

Current through Vol. 24-12, July 15, 2024
Rule 512.
(1) An
				  in-service law enforcement training provider shall do both of the following
				  through the MCOLES information and tracking network:
(a) Register course offerings with the
				  commission.
(b) Submit a roster of
				  all Michigan licensed law enforcement officers attending a course.
Michigan Administrative Code › Department - State Police › Michigan Commission on Law Enforcement Standards (MCOLES) › Law Enforcement Standards and Training › Part 5 - LICENSING, REPORTING, AND TRACKING › Section R. 28.14513 - Identification of instructors

Current through Vol. 24-12, July 15, 2024
Rule 513.
(1) Each
				  academy shall register each instructor who will be teaching in an approved
				  basic law enforcement training academy and identify the instructor's
				  qualifications.
(2) Each in-service
				  law enforcement training provider shall identify each instructor in a
				  registered in-service course.
(3)
				  Instructors shall be reported using the MCOLES information and tracking
				  network.
Michigan Administrative Code › Department - State Police › Michigan Commission on Law Enforcement Standards (MCOLES) › Law Enforcement Standards and Training › Part 5 - LICENSING, REPORTING, AND TRACKING › Section R. 28.14514 - Security agreement; information security

Current through Vol. 24-12, July 15, 2024
Rule 514.
(1)
				  Before use of the MCOLES information and tracking network, an agency, academy,
				  or in-service law enforcement training provider shall execute a user agency
				  agreement with the commission.
(2)
				  The user, its operators, and other employees shall comply with the MCOLES
				  security policy and user agency agreement submitted by the user.
(3) The user's agency head shall designate
				  employees as operators through the completion of an operator agreement for each
				  person.
Michigan Administrative Code › Department - State Police › Michigan Commission on Law Enforcement Standards (MCOLES) › Law Enforcement Standards and Training › Part 5 - LICENSING, REPORTING, AND TRACKING › Section R. 28.14515 - Misuse of MCOLES information and tracking network; sanctions

Current through Vol. 24-12, July 15, 2024
Rule 515. Any misuse of or access by an unauthorized user
					 of the MCOLES information and tracking network may result in sanctions for both
					 the person and the agency.
Michigan Administrative Code › Department - State Police › Michigan Commission on Law Enforcement Standards (MCOLES) › Law Enforcement Standards and Training › Part 5 - LICENSING, REPORTING, AND TRACKING › Section R. 28.14516 - Transfer of employment history record

Current through Vol. 24-12, July 15, 2024
Rule 516. If a recognized law enforcement agency is
					 disbanded, then the commission may transfer the employment history record
					 described in
					 R
					 28.14502 to another recognized law enforcement agency
					 or to the commission.
Michigan Administrative Code › Department - State Police › Michigan Commission on Law Enforcement Standards (MCOLES) › Law Enforcement Standards and Training › Part 6 - INVESTIGATIONS AND REVOCATIONS › Section R. 28.14601 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 601. As used in these rules:
(a) "Application process" means the complete
				  process by which a person becomes a commission licensed law enforcement
				  officer.
(b) "Conviction" or
				  "convicted" means a criminal conviction of an offense included in MCL 28.609b
				  by guilty verdict from a judge or jury, plea of guilty, or plea of no
				  contest.
(c) "Materially false
				  statements" means the failure to provide complete and truthful information
				  required in
				  R
				  28.14203 and
				  R
				  28.14204 by a person, or on behalf of a person, during
				  the application process to obtain a license or to gain employment as a law
				  enforcement officer.
(d)
				  "Suspension" means the temporary removal of a licensed law enforcement
				  officer's authority to access the law enforcement information network
				  (LEIN).
(e) "Wrongful disclosure"
				  means the disclosure of information from the law enforcement information
				  network in violation of MCL 28.214.
Michigan Administrative Code › Department - State Police › Michigan Commission on Law Enforcement Standards (MCOLES) › Law Enforcement Standards and Training › Part 6 - INVESTIGATIONS AND REVOCATIONS › Section R. 28.14602 - Investigation; protocol

Current through Vol. 24-12, July 15, 2024
Rule 602.
(1) The
				  commission may conduct an investigation, or cause an investigation to be
				  conducted, of an alleged violation of the act, these rules, or a provision of
				  the commission's policies and procedures, published pursuant to
				  R 28.14211 of these rules, by a law
				  enforcement agency, training academy, instructor, or a person.
(2) The investigation shall be consistent
				  with the provisions of MCL 28.609c and these rules.
(3) The commission shall suspend time limits
				  in these rules for not more than 90 days during the course of an investigation,
				  when the time limits would otherwise expire because of a commission
				  investigation.
Michigan Administrative Code › Department - State Police › Michigan Commission on Law Enforcement Standards (MCOLES) › Law Enforcement Standards and Training › Part 6 - INVESTIGATIONS AND REVOCATIONS › Section R. 28.14603 - Complaints; sharing complaint information

Current through Vol. 24-12, July 15, 2024
Rule 603.
(1) The
				  commission shall record all complaints, their status, and their
				  resolution.
(2) The commission
				  shall make available to law enforcement agencies as much information as legally
				  permissible regarding complaint for the purpose of conducting background
				  investigations of law enforcement officer applicants.
Michigan Administrative Code › Department - State Police › Michigan Commission on Law Enforcement Standards (MCOLES) › Law Enforcement Standards and Training › Part 6 - INVESTIGATIONS AND REVOCATIONS › Section R. 28.14604 - Investigation; license; felony conviction; summary suspension.; revocation

Current through Vol. 24-12, July 15, 2024
Rule 604.
(1) If
				  an investigation discloses that a licensed person was convicted of an offense
				  defined in MCL 28.602(f), an order of summary suspension and notice of intent
				  to revoke shall immediately issue. A hearing shall be conducted under the
				  provisions chapters 4 and 5 of the administrative procedures act of 1969, MCL
				  24.271 to 24.291, and as provided in part 7 of these rules. A certified copy of
				  the order of conviction shall be evidence of a felony conviction.
(2) If the hearing held under subrule (1) of
				  this rule substatiates that the licensed person was convicted of an offense
				  defined in MCL 602 (f), the commission shall revoke the license of a law
				  enforcement officer.
(3) Upon
				  notification of a final decision of license revocation, the person shall return
				  the license immediately to the commission.
(4) A person who has had a license revoked
				  under this rule shall not be eligible to reapply for a license as long as the
				  felony conviction stands. For the purpose of these rules, set aside or expunged
				  records are considered the same as a conviction.
Michigan Administrative Code › Department - State Police › Michigan Commission on Law Enforcement Standards (MCOLES) › Law Enforcement Standards and Training › Part 6 - INVESTIGATIONS AND REVOCATIONS › Section R. 28.14605 - Investigation; person with license; fraud or false statement; revocation

Current through Vol. 24-12, July 15, 2024
Rule 605.
(1) If
				  an investigation discloses that a licensed person committed fraud or made
				  materially false statements in obtaining a license, the commission shall issue
				  a complaint containing the allegations against the person and a notice of the
				  intent to revoke the person's license. The notice shall state that the licensed
				  person has 30 days from the date of issuance of the notice to request in
				  writing either of the following:
(a) an
				  opportunity to show compliance, or
(b) a contested case hearing conducted in
				  accordance with chapters 4 and 5 of the administrative procedures act of 1969,
				  being MCL 24.271 to 24.292, and as provided in part 7 of these rules.
Michigan Administrative Code › Department - State Police › Michigan Commission on Law Enforcement Standards (MCOLES) › Law Enforcement Standards and Training › Part 6 - INVESTIGATIONS AND REVOCATIONS › Section R. 28.14606 - Investigation; non-licensed persons; sanctions

Current through Vol. 24-12, July 15, 2024
Rule 606.
(1) If a
				  person is not licensed in Michigan and an investigation discloses that the
				  person committed fraud, made false statements, or failed to disclose requested
				  information during the application process for a license, then the executive
				  director shall determine the appropriate sanction under this rule. The
				  executive director may establish internal procedures necessary to implement
				  this rule. The decision of the executive director shall be final.
(2) Sanctions may include, but are not
				  limited to, all of the following:
(a) A fixed
				  period of time, not less than 2 years, during which the person shall be
				  ineligible for entry into, or continuation in, the application
				  process.
(b) Specific requirements
				  that shall be met before consideration is given for entry into the application
				  process.
(c) Denial of entry into
				  the application process.
Michigan Administrative Code › Department - State Police › Michigan Commission on Law Enforcement Standards (MCOLES) › Law Enforcement Standards and Training › Part 6 - INVESTIGATIONS AND REVOCATIONS › Section R. 28.14607 - Disclosure of LEIN information; suspension

Current through Vol. 24-12, July 15, 2024
Rule 607. Upon written notice by the criminal justice
					 information systems policy council of a determination that a licensed person
					 has wrongfully disclosed information from the law enforcement information
					 network (LEIN), the commission shall suspend the person from the use of
					 information from the LEIN, for a period of time the commission deems
					 appropriate. In making its decision, the commission shall consider the
					 propriety of actions taken by the employing law enforcement agency. The
					 commission shall notify the criminal justice information systems policy
					 council, the employing agency, and the local area dispatch of the sanction and
					 direct the agency to impose the sanction. A sanction or sanctions imposed by
					 the commission may run concurrently with a sanction or sanctions imposed by the
					 employing agency.
Michigan Administrative Code › Department - State Police › Michigan Commission on Law Enforcement Standards (MCOLES) › Law Enforcement Standards and Training › Part 6 - INVESTIGATIONS AND REVOCATIONS › Section R. 28.14608 - Delegation of power to executive director

Current through Vol. 24-12, July 15, 2024
Rule 608. At the discretion of the commission, the
					 executive director may investigate, subpoena, and petition the court as
					 provided in MCL 28.609c.
Michigan Administrative Code › Department - State Police › Michigan Commission on Law Enforcement Standards (MCOLES) › Law Enforcement Standards and Training › Part 6 - INVESTIGATIONS AND REVOCATIONS › Section R. 28.14609 - Review of investigations for criminal wrongdoing

Current through Vol. 24-12, July 15, 2024
Rule 609. If a commission investigation discloses possible
					 wrongdoing of a criminal nature, then the executive director or his or her
					 designee shall refer the case for possible criminal prosecution to the
					 appropriate county prosecuting attorney or the office of the attorney
					 general.
Michigan Administrative Code › Department - State Police › Michigan Commission on Law Enforcement Standards (MCOLES) › Law Enforcement Standards and Training › Part 7 - CONTESTED CASE HEARINGS › Section R. 28.14701 - Eligibility for hearing

Current through Vol. 24-12, July 15, 2024
Rule 701. A hearing provided for in
					 R 28.14604 and
					 R 28.14605 of part 6 of these rules
					 shall comply with the requirements of the administrative procedures act and
					 these rules.
Michigan Administrative Code › Department - State Police › Michigan Commission on Law Enforcement Standards (MCOLES) › Law Enforcement Standards and Training › Part 7 - CONTESTED CASE HEARINGS › Section R. 28.14702 - Final decision

Current through Vol. 24-12, July 15, 2024
Rule 702. A proposal for decision shall be presented to the
					 full commission at a regularly scheduled meeting following the presiding
					 officer's issuing of a proposal for decision. The commission shall do one of
					 the following:
(a) Adopt the findings
				  of fact, conclusions of law, and the recommendations of the hearing
				  officer.
(b) Reverse the hearing
				  officer based upon the record.
(c)
				  If the record is found to be incomplete, remand the case back to the hearing
				  officer for reconsideration with specific instructions as to the matter in the
				  case to be reconsidered.
Michigan Administrative Code › Department - State Police › Michigan Commission on Law Enforcement Standards (MCOLES) › Public Safety Officers Benefit Program › Section R. 28.14952 - Claim; forms; deadline

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) Claims
				for benefits under the act shall be submitted on the form or in the manner
				prescribed by the commission. A claim for a benefit resulting from the death of
				a public safety officer shall be filed within 1 year after the date of death. A
				death benefit may be denied for inactivity on the claim, if requested
				documentation is not provided to the commission by the claimant within a period
				of 1 year following the initial request. For good cause, the executive director
				may grant 1 3-month extension of this deadline.
(2) A claim by a permanently and totally
				disabled public safety officer or on behalf of a survivor of a deceased public
				safety officer shall be filed within 1 year after the date of death or
				prerequisite disability certification, unless the time for filing is extended
				by the executive director for good cause. The withdrawal of a claim, the
				cancellation of a request for withdrawal, or any notice provided for in these
				rules, shall be in writing and shall be signed by the claimant or the person
				legally designated to execute a claim.
(3) A prerequisite certification means either
				of the following:
(i) The employing agency's
				official, certified award to the claimant public safety officer of its maximum
				disability finding and compensation, including the officer's permanent and
				complete separation from the employing public safety agency as the direct
				result of an injury in the line of duty.
(ii) If the employing agency does not itself
				make such disability awards, then an official certified award to the claimant
				public safety officer by the cognizant judicial, political, or administrative
				agency or body of its maximum disability finding and compensation, including
				the officer's permanent and complete separation from the employing public
				safety agency as the direct result of an injury sustained in the line of
				duty.
Michigan Administrative Code › Department - State Police › Michigan Commission on Law Enforcement Standards (MCOLES) › Public Safety Officers Benefit Program › Section R. 28.14953 - Persons executing claims

Current through Vol. 24-12, July 15, 2024
Rule 3
(1) The
				commission shall determine who is the proper party to execute a claim as
				follows:
(a) The claim shall be executed by
				the claimant or the claimant's legally designated representative if the
				claimant is mentally competent and physically able to execute the
				claim.
(b) If the claimant is
				mentally incompetent or physically unable to execute the claim and is either of
				the following:
(i) Has a legally appointed
				guardian, committee, or other representative, then the claim may be executed by
				such guardian, committee, or other representative.
(ii) Is in the care of an institution, then
				the claim may be executed by the manager or principal officer of such
				institution.
Michigan Administrative Code › Department - State Police › Michigan Commission on Law Enforcement Standards (MCOLES) › Public Safety Officers Benefit Program › Section R. 28.14954 - Reasonable doubt of coverage

Current through Vol. 24-12, July 15, 2024
Rule 4
(1) The
				commission shall resolve any reasonable doubt arising from the circumstances of
				the officer's death or permanent and total disability in favor of payment of
				the death or disability benefit.
(2) At all times practicable, the commission
				shall promptly pay the claimant an interim benefit of $3,000, upon a request
				demonstrating need.