Code of Massachusetts Regulations › 555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION › Title 555 CMR 9.00 - Initial Certification of Officers; and Renewed Certification of Independently Applying Officers › Section 9.02 - Definitions

Current through Register 1525, July 5, 2024
(1)
								555 CMR
			 9.00 incorporates all definitions and rules of
			 construction set forth in
			 555
			 CMR 2.02:
Definitions
and
			 2.03:
Construction
, except those definitions of terms that are
			 defined in
			 555
			 CMR 9.02(2).
(2) For the purposes of
			 555 CMR
			 9.00, the following terms have the following meanings,
			 unless the context requires otherwise:
Agency
. An "agency" as defined in
				M.G.L. c. 30A, § 1.
Applicant
. An individual who submits,
				or intends to submit, an application to the Commission.
Application
. A request by an
				individual to be certified as an officer.
Arrest
. An actual or constructive
				seizure or detention of a person, performed with the intention to effect an
				arrest and so understood by the person detained. For purposes of applying this
				definition, the following shall constitute seizures: an application, to the
				body of a person, of physical force that objectively manifests an intent to
				restrain; a show of authority, through words or conduct, that a reasonable
				person would consider coercive; and an exercise of official powers that is
				facilitated by the use or display of a weapon.
Authority
. An individual's appointing
				authority or employer; the Civil Service Commission; any arbitrator or other
				third-party neutral with decision-making power; and any court.
Certification
. An initial
				certification or a recertification of an individual as an officer pursuant to
				M.G.L. c. 6E, §§ 3(a) and 4, or pursuant to St. 2020, c. 253, §
				102, regardless of whether it is subject to any condition, limitation,
				restriction, or suspension.
Certification Period
. The period of
				time between the effective date and the expiration date of an individual's
				certification, including any period of continuation provided for under M.G.L.
				c. 30A, § 13 or
				555
				CMR 9.03 beyond the reference date.
Commission
. The Massachusetts Peace
				Officer Standards and Training Commission established under M.G.L c. 6E, §
				2 as an agency, including its Commissioners and its staff.
Conditional Certification
. A
				certification of the type described in
				555
				CMR 9.09.
Decertification
or
Revocation of Certification
. A revocation of
				certification by the Commission pursuant to M.G.L. c. 6E, §§ 3(a) and
				10, an action distinct from a denial, a nonrenewal, an expiration, or a
				suspension of certification.
Denial of Certification
. A Commission
				action declining to grant or renew a certification, made pursuant to M.G.L. c.
				6E, §§ 3(a) and 4, an action distinct from a revocation or a
				suspension of certification.
Division
. The Division of Police
				Certification established pursuant to M.G.L. c. 6E, § 4.
Endorsed Applicant
. An applicant whose
				application is endorsed or supported by an endorsing law enforcement
				agency.
Endorsing Law Enforcement Agency
. A
				law enforcement agency that is a current or prospective employer of an
				applicant and endorses or supports the applicant's application.
Executive Director
. The Executive
				Director of the Commission appointed pursuant to M.G.L. c. 6E, § 2(g), or
				that person's designee for relevant purposes.
Final Decision
. The ultimate
				Commission decision on an application for certification, following any review
				or hearing or the expiration of the time afforded for an applicant to seek such
				review or hearing, and following the satisfaction of any conditions attached to
				a conditional certification or the expiration of the time to satisfy any such
				conditions, and thus not including a decision granting a conditional
				certification.
Full Certification
. A certification
				granted for three years pursuant to M.G.L. c. 6E, § 4(f)(3), without any
				condition, limitation, restriction, or suspension imposed pursuant to M.G.L. c
				6E, § 3(a) or another provision.
Good Character and Fitness for
				Employment
. "Good moral character and fitness for employment in
				law enforcement," as that phrase is used in M.G.L. c. 6E, §
				4(f)(1)(ix).
Independent Applicant
. An individual
				who submits, or intends to submit, an application to the Commission without the
				endorsement of an endorsing law enforcement agency.
Law Enforcement Agency
. A "law
				enforcement agency" as defined in M.G.L. c. 6E, § 1.
MPTC
. The Municipal Police Training
				Committee within the Executive Office of Public Safety and Security, as
				established in M.G.L. c. 6, § 116.
Professional Reference
. An individual
				who is personally familiar with an applicant's work as an officer or an
				applicant's qualifications to serve as an officer, has no familial relation to
				the applicant, and voluntarily agrees to provide the Commission with
				information regarding the applicant.
Reference Date
. The end date for an
				applicant's certification provided for in St. 2020, c. 253, § 102 or the
				end date of a prior certification issued to an applicant by the Commission,
				whichever is later, without regard to any period of continuation provided for
				by M.G.L. c. 30A, § 13 or
				555
				CMR 9.03.