Iowa Administrative Code › Agency 501 - Law Enforcement Academy › Chapter 1 - Organization and Administration › Rule 501-1.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
In regards to the definitions as used in the rules of the law
				enforcement academy the following definitions apply, unless the context
				otherwise requires:
"Academy"
refers to the Iowa law enforcement
				academy.
"Academy council"
means the Iowa law
				enforcement academy council.
"Act"
means the Iowa Administrative Procedure
				Act.
"Applicant"
means all individuals seeking an
				entry level position as a law enforcement officer. This shall not include
				individuals who are being promoted within a department.
"Certificate"
means the document issued to a
				law enforcement officer when documentation has established compliance with the
				minimum hiring standards and successful completion of the training
				requirements.
"Certification"
means the issuing of a
				certificate to a law enforcement officer upon documentation that the officer
				has been employed and trained in compliance with the established minimum
				standards.
"Change in status"
means leaving an agency for
				any reason, including termination, voluntary resignation, demotion, promotion,
				suspension, or any other change in position or title.
"Contested case"
means a proceeding in which
				the legal rights of a party to continue to be certified as a law enforcement
				officer in the state of Iowa are determined by the council or its designee
				after an opportunity for an evidentiary hearing.
"Continuing education"
means training approved
				by the Iowa law enforcement academy which is obtained by a certified Iowa law
				enforcement emergency care provider to maintain, improve, or expand relevant
				skills and knowledge and to satisfy renewal of certification
				requirements.
"Convicted"
or
"conviction"
means a finding of guilt, a plea of guilty, a deferred judgment, a deferred or
				suspended sentence, and an adjudication of delinquency as a juvenile.
"Council"
refers to the Iowa law enforcement
				academy council.
"Director"
refers to the director of the Iowa
				law enforcement academy.
"Employing agency"
means any state, county, or
				municipal government or governmental body that employs law enforcement
				officers.
"Facilities approval application form"
means
				the form prepared by the Iowa law enforcement academy council to be utilized in
				an application for approval of a regional law enforcement training
				facility.
"Facility"
means a jail as defined in
				201-Chapter 50 or a temporary holding facility as defined in 201-Chapter
				51.
"Felony"
means a criminal offense classified
				as a felony in the jurisdiction in which it was committed.
"Final selection process"
means that process
				by which the final applicant for a law enforcement position is selected. This
				process requires, minimally, that the person to be hired shall have
				successfully completed the mandated psychological testing.
"General instructors"
means peace officers,
				jailers, jail administrators or public safety telecommunicators instructing in
				subjects relevant to their profession.
"Good cause"
means termination of employment
				for any of the following reasons:
1.
Gross negligence:
Where the officer's act
				or failure to act creates a danger or risk to persons, property, or to the
				efficient operation of the department, recognizable as a gross deviation from
				the standard of care that a reasonable officer would observe in a similar
				circumstance.
2.
Insubordination:
A refusal by an employee
				to comply with a rule or order where the rule or order was reasonably related
				to the orderly, efficient, or safe operation of the employer's business and
				where the employee's refusal to comply with the rule or order constitutes
				breach of duties.
3.
Incompetence or gross misconduct:
In
				determining what constitutes "incompetence or gross misconduct," the council
				may take into account sources as practices generally followed in the
				profession, current teaching at law enforcement training facilities and
				technical reports and literature relevant to the field of law
				enforcement.
"Initial certification"
means the law
				enforcement certification granted to a law enforcement officer by the Iowa law
				enforcement academy council pursuant to 501-3.1 (80B), 3.8(80B), or 3.9(80B),
				Iowa Administrative Code.
"Iowa law enforcement emergency care provider"
or
"ILEECP"
means an individual who is certified by the
				academy as an Iowa peace officer, who has successfully completed an emergency
				medical care provider curriculum approved by the academy, and who is currently
				certified by the academy as an emergency medical care provider.
"Iowa law enforcement training program"
means
				the law enforcement academy or a law enforcement training program approved by
				the council to conduct ILEECP emergency medical care training.
"Jail"
means any place administered by the
				county sheriff and designed to hold inmates for as long as lawfully required
				but not to exceed one year pursuant to Iowa Code chapters 356 and 356A.
"Jail administrator"
means the sheriff,
				sheriff's designee, or the executive head of any agency operating a
				jail.
"Jailer"
means any person involved in the
				booking or supervision of inmates or detainees and meeting the requirements of
				rules 201-50.10 (356,356A) and 50.11(356,356A) or 201-51.8 (356,356A) and
				51.9(356,356A).
"Jailer training program"
means a jailer
				in-service or basic training program.
"Law enforcement experience"
means experience
				gained by a law enforcement officer whose primary job function is the
				enforcement of criminal laws and the prevention and detection of crime.
"Law enforcement officer"
means an officer
				appointed by the director of the department of natural resources; an officer
				appointed by the director of the Iowa law enforcement academy and sworn in for
				the purposes of training; a member of a police force or other agency or
				department of the state, county, or city regularly employed as such and who is
				responsible for the prevention and detection of crime and the enforcement of
				the criminal laws of this state; and all individuals, as determined by the
				council, who by the nature of their duties may be required to perform the
				duties of a peace officer.
"Nonstate agency"
means all other agencies
				that are not state agencies.
"Party"
means each person or agency named or
				admitted as a party properly seeking and entitled as of right to be admitted as
				a party.
"Person"
means any individual, corporation or
				association covered by the Act other than an agency.
"Pleadings"
means a protest, motion, answer,
				reply or other document filed in a contested case proceeding.
"Presiding officer"
means an administrative
				law judge employed by the Iowa department of inspections and appeals or the
				full council or a three-member panel of the council.
"Proposed decision"
means the presiding
				officer's recommended findings of fact, conclusions of law, decision, and order
				in a contested case in which the full council did not preside.
"Recommendation"
means a request by an
				employing agency asking the council to revoke the certification of a past or
				present law enforcement officer.
"Regional facility director"
means the
				administrative head or responsible official of the approved regional law
				enforcement training facility.
"Regional training facility"
means an approved
				regional law enforcement training facility.
"Regular law enforcement officer"
means those
				full-time or part-time officers who are subject to the Iowa law enforcement
				academy hiring, training, and certification requirements.
"Reserve peace officer"
means a volunteer,
				nonregular, sworn member of a law enforcement agency who serves with or without
				compensation, has regular police powers while functioning as a law enforcement
				agency's representative, and participates on a regular basis in the law
				enforcement agency's activities including crime prevention and control,
				preservation of the peace, and enforcement of law.
"Respondent"
means any individual who is
				charged in a complaint with violating the criteria of professional practices or
				the criteria of competent performance.
"Revocation"
means the process by which the
				council withdraws an individual's certification. A person remains under
				revocation until the time it can be demonstrated to the council that the
				grounds for revocation no longer exist and the officer's certification is
				reinstated.
"Salvage vehicle theft examination"
means a
				salvage vehicle theft examination conducted by a law enforcement officer
				pursuant to Iowa Code section 321.52(4)
"c."
"Salvage vehicle theft examiner"
means a law
				enforcement officer certified by the Iowa law enforcement academy to conduct
				vehicle theft examinations pursuant to Iowa Code section
				321.52(4)
"c."
"Serious misconduct"
means improper or illegal
				actions taken by a law enforcement officer in connection with the officer's
				official duties including but not limited to a conviction for a felony,
				fabrication of evidence, repeated use of excessive force, acceptance of a
				bribe, or the commission of fraud.
"State agency"
means any department or
				division of state government which derives its primary funding from the state
				treasury.
"Student"
means any individual enrolled in a
				training program and participating in the didactic or psychomotor
				portions.
"Subject matter expert"
means those
				instructors responsible for a subject requiring a specialized academic degree,
				certification, licensure or experience.
"Temporary holding facility"
means secure
				holding rooms or cells administered by a law enforcement agency where detainees
				may be held for a limited period of time, not to exceed 24 hours, and a
				reasonable time thereafter to arrange for transportation to an appropriate
				facility.
"Training program director"
means the official
				responsible for a jailer training program.
"Weapon"
shall mean any firearm, striking
				instrument or chemical agent authorized for use as a weapon by the hiring
				authority.
Unless otherwise specifically stated, the terms used in these
				rules promulgated by the council shall have the meaning defined by this
				chapter.
This rule is intended to implement Iowa Code sections 80B.3,
				80B.11, 80B.13, 80D.7 and 321.52.