reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 109 - Peace Officer Standards and Training Board › Article 109-02 - Peace Officer Standards › Chapter 109-02-01 - General Provisions › Section 109-02-01-04 - Other license requirements

Current through Supplement No. 393, July, 2024
1. In addition to
				other requirements of law when an agency employs or appoints an individual to
				be an officer, the agency shall notify the board of the employment of the
				individual on a form provided by the board and verify that the individual meets
				the requirements of North Dakota Century Code chapter 12-63 and these rules
				before the individual may begin performing officer duties. The agency shall
				submit on a form provided by the board verification of completion of the
				criminal history background investigation, medical examination, and
				psychological examination. The agency shall also forward a complete record of
				the individual's previous training and law enforcement experience to the
				board.
2. Only a salaried peace
				officer who has a limited license may attend the basic full-time peace officer
				training course at the law enforcement training center. The peace officer's
				employing agency shall submit a verified statement to the board that the peace
				officer is a full-time peace officer of the agency in connection with the peace
				officer's application to attend the law enforcement training center for the
				basic full-time peace officer training course and that the peace officer is
				receiving a salary while attending the law enforcement training
				center.
3. Only an individual hired
				to be a full-time peace officer may apply for a limited license or a peace
				officer license, apply for renewal of a license, except for renewal of an
				inactive license, or apply for reinstatement of a license. The peace officer's
				employing agency shall submit a verified statement to the board that the peace
				officer is a full-time peace officer of the agency in connection with the peace
				officer's application for a limited license or an application for renewal or
				reinstatement of a license.
General Authority:
NDCC 12-63-02.1(7),
					 12-63-02.3(5), 12-63-04(2)(d)
Law Implemented:
NDCC 12-63-02.1, 12-63-02.3,
					 12-63-04(1), 12-63-06, 12-63-07, 12-63-09
North Dakota Administrative Code › Title 109 - Peace Officer Standards and Training Board › Article 109-02 - Peace Officer Standards › Chapter 109-02-01 - General Provisions › Section 109-02-01-04.1 - Other reserve peace officer license requirements

Current through Supplement No. 393, July, 2024
1. In addition to other requirements of law
				when an agency employs or appoints an individual to be a reserve peace officer,
				the agency shall notify the board of the employment or appointment of the
				individual on a form provided by the board and verify that the individual meets
				the requirements of North Dakota Century Code chapter 12-63 and these rules
				before the individual may begin performing reserve peace officer duties. The
				agency shall submit on a form provided by the board verification of completion
				of the criminal history background investigation, medical examination, and
				psychological examination. The agency shall forward to the board the record of
				the individual's completion of the reserve peace officer basic
				course.
2. An individual may only
				work for one criminal justice agency at a time in a reserve peace officer
				capacity.
3. A reserve peace
				officer may not be on duty more than forty hours in any thirty-day period
				unless a state of emergency exists.
General Authority:
NDCC 12-63-02.3(5)
Law Implemented:
NDCC
					 12-63-02.3
North Dakota Administrative Code › Title 109 - Peace Officer Standards and Training Board › Article 109-02 - Peace Officer Standards › Chapter 109-02-01 - General Provisions › Section 109-02-01-05 - Agency's responsibility

Current through Supplement No. 393, July, 2024
1. Every agency
				shall provide or obtain the necessary training for its officers in order that
				those officers meet all board license requirements.
2. Every agency shall maintain records of
				training provided to their officers and make the records available to the board
				upon request.
3. Every agency shall
				notify the board when it hires an officer, when it terminates the employment or
				appointment of an officer, or when an officer resigns from employment with the
				agency. The agency shall submit the notification on the form provided by the
				board within thirty days from the date of the officer's employment,
				termination, or resignation.
4. It
				is the responsibility of each agency to investigate and submit a written report
				to the board of any of the following:
a. A
				violation of North Dakota Century Code chapter 12-63 by an officer employed or
				appointed by the agency;
b. An
				arrest, plea of guilty, or finding of guilt for a felony offense by an officer
				employed or appointed by the agency;
c. An arrest, plea of guilty, or finding of
				guilt by an officer employed by the agency for an offense involving moral
				turpitude, sexual violations, an offense involving domestic violence or
				violation of a domestic violence retraining order, an offense involving child
				abuse or neglect, an offense involving firearms under North Dakota Century Code
				title 12.1 or 62.1; or
d. Any other
				violation of law or rule of the board.
North Dakota Administrative Code › Title 109 - Peace Officer Standards and Training Board › Article 109-02 - Peace Officer Standards › Chapter 109-02-01 - General Provisions › Section 109-02-01-07 - Waiver

Current through Supplement No. 393, July, 2024
The board may waive the requirements of this article upon a
				  showing of good cause. Good cause means a situation involving extreme hardship
				  that places an undue burden on an officer or agency.
General Authority:
NDCC 12-63-02.3(5),
					 12-63-04(2)(d)
Law Implemented:
NDCC 12-63-02.3,
					 12-63-04
North Dakota Administrative Code › Title 109 - Peace Officer Standards and Training Board › Article 109-02 - Peace Officer Standards › Chapter 109-02-01 - General Provisions › Section 109-02-01-08 - Additional agency requirements

Current through Supplement No. 393, July, 2024
This article establishes minimum standards and requirements
				  for officers and does not preclude an agency from establishing additional or
				  more stringent hiring and training requirements and ethical standards.
General Authority:
NDCC 12-63-02.3(5),
					 12-63-04(2)(d)
Law Implemented:
NDCC 12-63-02.3,
					 12-63-04
North Dakota Administrative Code › Title 109 - Peace Officer Standards and Training Board › Article 109-02 - Peace Officer Standards › Chapter 109-02-01 - General Provisions › Section 109-02-01-09 - Hearings and appeals

Current through Supplement No. 393, July, 2024
Hearings and appeals must be in accordance with North Dakota
				  Century Code chapters 28-32 and 54-57. An aggrieved individual may waive these
				  requirements and consent to disposition by the board.
General Authority:
NDCC 12-63-04(2)(d)
Law Implemented:
NDCC 12-63-04,
					 12-63-12
North Dakota Administrative Code › Title 109 - Peace Officer Standards and Training Board › Article 109-02 - Peace Officer Standards › Chapter 109-02-02 - Licensing and Training Requirements › Section 109-02-02-01 - Compliance with minimum training standards

Current through Supplement No. 393, July, 2024
1. Each applicant
				for a peace officer's license shall successfully complete the first available
				board-certified basic full-time peace officer training course from the date of
				the issuance of the peace officer's limited license, except as extended by the
				board under these rules and successfully pass the licensing examination. The
				applicant must successfully pass the licensing examination before the board may
				issue a full-time peace officer's license.
2. Each applicant for a part-time peace
				officer's license shall successfully complete the basic part-time peace officer
				training course within two years after the applicant commenced taking the
				classes in the basic part-time peace officer training course.
3. An individual who has never been employed
				or appointed by an agency for up to two years after successfully completing the
				basic full-time peace officer training course and licensing examination is
				eligible for a peace officer license and may be issued a license upon
				employment or appointment as a peace officer with an agency.
4. An individual who has never been employed
				or appointed by an agency for two years or more, but less than three years,
				after successfully completing the full-time basic peace officer training course
				and licensing examination shall obtain a limited license, attend the criminal
				and traffic portions of the basic full-time peace officer training course,
				successfully pass the licensing examination, and be employed by an agency in
				order to receive a peace officer license.
5. An individual who has never been employed
				or appointed by an agency as a peace officer for more than three years after
				successfully completing the basic full-time peace officer training course and
				licensing examination shall obtain a limited license, complete the entire basic
				full-time peace officer training course, successfully pass the licensing
				examination, and be employed by an agency in order to receive a peace officer
				license.
6. The board may grant an
				extension of time to a peace officer to complete required courses upon written
				request by the agency administrator upon a showing of good cause.
General Authority:
NDCC 12-63-02.1(3)(7),
					 12-63-04(2)(d)
Law Implemented:
NDCC 12-63-02.1,
					 12-63-03(1)(2), 12-63-06, 12-63-07
North Dakota Administrative Code › Title 109 - Peace Officer Standards and Training Board › Article 109-02 - Peace Officer Standards › Chapter 109-02-02 - Licensing and Training Requirements › Section 109-02-02-02 - Supervision of part-time licensed peace officers and reserve licensed peace officers

Current through Supplement No. 393, July, 2024
Supervision of officers with a part-time license and reserve
				  peace officers means the supervising officer has the ability to have direct
				  personal contact with the part-time peace officer or reserve peace officer
				  within a reasonable time and the part-time peace officer or reserve peace
				  officer is able to have direct personal contact with the supervising full-time
				  peace officer within a reasonable time.
General Authority:
NDCC 12-63-02.1(3)(7),
					 12-63-02.3(3), 12-63-04(2)(d)
Law Implemented:
NDCC 12-63-02.1, 12-63-02.3,
					 12-63-04
North Dakota Administrative Code › Title 109 - Peace Officer Standards and Training Board › Article 109-02 - Peace Officer Standards › Chapter 109-02-02 - Licensing and Training Requirements › Section 109-02-02-04.1 - Reserve peace officer license

Current through Supplement No. 393, July, 2024
The board may issue a reserve peace officer license to an
				  individual who is in good standing; passed a criminal history background
				  investigation; has completed the educational, medical, and psychological
				  examination licensing requirements; and has qualified to carry a sidearm. The
				  educational requirement is the reserve peace officer training course set by the
				  board. The application for the reserve peace officer license must be made by
				  the individual's employing or appointing agency.
General Authority:
NDCC 12-63-02.3(5),
					 12-63-04(2)(d), 12-63-06
Law Implemented:
NDCC 12-63-02.3,
					 12-63-04
North Dakota Administrative Code › Title 109 - Peace Officer Standards and Training Board › Article 109-02 - Peace Officer Standards › Chapter 109-02-02 - Licensing and Training Requirements › Section 109-02-02-05 - Waiver of required training - Reciprocity

Current through Supplement No. 393, July, 2024
1. An
				individual having peace officer experience or having completed an equivalent
				basic full-time peace officer training course conducted in any state or by a
				federal law enforcement agency may qualify for a partial waiver of basic
				full-time peace officer training requirements. The administrator of the agency
				employing the individual may apply to the board for a partial waiver. The board
				shall review all applications for a waiver and may grant a partial waiver.
a. Training received in a state or from a
				federal law enforcement agency with laws governing or regulating peace officer
				training must have been approved or certified by the governing or regulating
				body of the state or federal agency in which the individual received the
				training.
b. The board may
				prescribe additional training as a license requirement for an individual
				applying for a partial waiver under this rule.
c. Applicants for a partial waiver of basic
				full-time peace officer training shall submit complete documentation of prior
				basic full-time peace officer training, including current licensing or
				certification, to the board.
d.
				Applicants shall prove they are in good standing with all law enforcement
				licensing authorities where they have been licensed in order to obtain a
				waiver.
North Dakota Administrative Code › Title 109 - Peace Officer Standards and Training Board › Article 109-02 - Peace Officer Standards › Chapter 109-02-02 - Licensing and Training Requirements › Section 109-02-02-06 - Licensing examinations

Current through Supplement No. 393, July, 2024
1.
Examination requirements.
An individual is eligible to take the
				licensing examination upon completion of or during the basic full-time peace
				officer training course. A minimum score of seventy percent is necessary for
				successful completion of the licensing examination. The individual shall pay
				the examination fee established by the board prior to taking the examination.
				The examination must be administered by the board or the board's
				designee.
2.
Retaking
				examinations.
An individual who fails the first examination may retake
				the examination one time upon furnishing to the board the required examination
				fee. After the second unsuccessful attempt, the individual shall successfully
				complete the entire basic full-time peace officer training course before the
				individual may retake the examination a third time. The individual shall obtain
				a limited license if the individual will attend the basic full-time peace
				officer training course at the law enforcement training center.
General Authority:
NDCC 12-63-04(2)(d)
Law Implemented:
NDCC 12-63-04,
					 12-63-07
North Dakota Administrative Code › Title 109 - Peace Officer Standards and Training Board › Article 109-02 - Peace Officer Standards › Chapter 109-02-02 - Licensing and Training Requirements › Section 109-02-02-06.1 - Reserve peace officer licensing examinations

Current through Supplement No. 393, July, 2024
1.
Examination requirements.
An individual is eligible to take the
				licensing examination within thirty days of completing the reserve peace
				officer training course. A minimum score of seventy percent is necessary for
				successful completion of the licensing examination. There is no fee for the
				reserve peace officer examination. The examination must be administered by the
				board or the board's designee.
2.
Retaking examinations.
An individual who fails the first
				examination may retake the examination one time within thirty days. After a
				second unsuccessful attempt, the individual shall successfully complete the
				entire reserve peace officer training course before the individual may retake
				the examination a third time.
3.
Existing reserve officers or reserve deputies.
Individuals who
				have served as a reserve officer or reserve deputy for more than one year
				preceding August 1, 2021, and who meet the minimum license requirements of this
				chapter may obtain a reserve peace officer license without taking the entire
				reserve peace officer training program. Those qualified individuals may obtain
				a reserve peace officer license by taking a use of force class, passing the use
				of force examination, taking the reserve peace officer North Dakota criminal
				and traffic law course, qualifying with their duty weapon, and successfully
				passing the reserve peace officer examination. Individuals availing themselves
				of this process only may take the reserve peace officer examination once. If
				the individual does not pass the reserve peace officer examination, they must
				take the entire reserve peace officer training program in order to retake the
				reserve peace officer examination.
General Authority:
NDCC 12-63-02.3(5)
Law Implemented:
NDCC
					 12-63-02.3
North Dakota Administrative Code › Title 109 - Peace Officer Standards and Training Board › Article 109-02 - Peace Officer Standards › Chapter 109-02-02 - Licensing and Training Requirements › Section 109-02-02-07 - Employment of officers

Current through Supplement No. 393, July, 2024
If an individual is not already a licensed officer when
				  hired by an agency, but the individual is eligible to be licensed, the
				  individual shall apply to be licensed at the time of appointment or hire. The
				  application must be made on a form provided by the board, and both the
				  applicant and the agency administrator shall verify the applicant is eligible
				  to be licensed. The applicable license fee must accompany the
				  application.
General Authority:
NDCC 12-63-02.1(7),
					 12-63-02.3(5), 12-63-04(2)(d)
Law Implemented:
NDCC 12-63-02.1, 12-63-02.3,
					 12-63-04, 12-63-06, 12-63-07,
					 12-63-09
North Dakota Administrative Code › Title 109 - Peace Officer Standards and Training Board › Article 109-02 - Peace Officer Standards › Chapter 109-02-02 - Licensing and Training Requirements › Section 109-02-02-08 - Medical and psychological examination

Current through Supplement No. 393, July, 2024
An applicant for a license shall successfully complete a
				  board-approved psychological examination by a board-approved provider. An
				  applicant shall also successfully complete a medical examination. The employing
				  agency shall submit the results of the psychological examination and
				  documentation of the medical examination with the application for the
				  license.
General Authority:
NDCC 12-63-02.3(1)(5),
					 12-63-04(2)(d)
Law Implemented:
NDCC 12-63-02.3,
					 12-63-06(4)
North Dakota Administrative Code › Title 109 - Peace Officer Standards and Training Board › Article 109-02 - Peace Officer Standards › Chapter 109-02-02 - Licensing and Training Requirements › Section 109-02-02-09 - Compliance with sidearm qualification as a license requirement

Current through Supplement No. 393, July, 2024
The board may not issue, renew, or reinstate an officer's
				  license or limited license unless the officer has complied with all sidearm
				  qualification requirements. The board may suspend an officer's license if the
				  officer fails to comply with all sidearm qualification requirements under these
				  rules.
General Authority:
NDCC
					 12-63-02.3(1)(5),12-63-04(2)(d)
Law Implemented:
NDCC 12-63-02.3,
					 12-63-04(1)(d)
North Dakota Administrative Code › Title 109 - Peace Officer Standards and Training Board › Article 109-02 - Peace Officer Standards › Chapter 109-02-02 - Licensing and Training Requirements › Section 109-02-02-10.1 - Scope of part-time peace officer authority

Current through Supplement No. 393, July, 2024
A peace officer with a part-time peace officer license may
				  only perform peace officer duties within the scope of the peace officer's
				  board-approved training.
General Authority:
NDCC 12-63-02.1(7)
Law Implemented:
NDCC
					 12-63-02.1
North Dakota Administrative Code › Title 109 - Peace Officer Standards and Training Board › Article 109-02 - Peace Officer Standards › Chapter 109-02-02 - Licensing and Training Requirements › Section 109-02-02-11 - Licensing, renewal, and reinstatement fees

Current through Supplement No. 393, July, 2024
1. The
				following fees are nonrefundable:
a. Peace
				officer licensing examination fee - twenty-five dollars.
b. Initial license fee - the initial license
				fee is forty-five dollars.
c.
				License renewal fee - forty-five dollars.
d. Late license renewal fee for up to thirty
				days after expiration of license - one hundred dollars.
e. Late license renewal fee from thirty-one
				days to three hundred sixty-five days after expiration of license - two hundred
				fifty dollars.
f. License
				reinstatement fee after revocation of license - five hundred dollars.
g. Duplicate license fee - ten
				dollars.
h. Late sidearm
				qualification fee - one hundred dollars.
i. Reinstatement fee for sidearm suspension
				or revocation - two hundred fifty dollars.
j. Late instructor renewal fee - one hundred
				dollars.
North Dakota Administrative Code › Title 109 - Peace Officer Standards and Training Board › Article 109-02 - Peace Officer Standards › Chapter 109-02-02 - Licensing and Training Requirements › Section 109-02-02-12 - Surrender of license

Current through Supplement No. 393, July, 2024
Licenses remain the property of the board. An officer shall
				  surrender the officer's license if the board has suspended or revoked the
				  officer's license or if the officer has not requested inactive status and has
				  allowed the officer license to expire.
General Authority:
NDCC 12-63-04(2)(d)
Law Implemented:
NDCC 12-63-04,
					 12-63-11(2)
North Dakota Administrative Code › Title 109 - Peace Officer Standards and Training Board › Article 109-02 - Peace Officer Standards › Chapter 109-02-02 - Licensing and Training Requirements › Section 109-02-02-13 - Reinstatement of license

Current through Supplement No. 393, July, 2024
An individual who does not perform duties as an officer, is
				  no longer employed or appointed by an agency, or otherwise allows the officer's
				  license to expire shall comply with the following conditions for
				  reinstatement:
1. If the board has
				revoked an individual's license by adverse license action under North Dakota
				Century Code section 12-63-12, the individual may not apply for reinstatement
				of the license until one year from the date of revocation of the
				license.
2. Before the board may
				accept the application for reinstatement, the individual shall comply with the
				following conditions for reinstatement:
a. The
				individual shall pay the reinstatement fee and shall meet the same continuing
				education requirements applicable for renewal of a license under this
				chapter.
b. The individual shall
				successfully complete the written examination and sidearm qualification
				requirements under chapter 109-02-03 of these rules prior to
				reinstatement.
c. If the individual
				does not apply for reinstatement within one year after becoming eligible to
				apply for reinstatement, the board may not accept the application for
				reinstatement.
North Dakota Administrative Code › Title 109 - Peace Officer Standards and Training Board › Article 109-02 - Peace Officer Standards › Chapter 109-02-02 - Licensing and Training Requirements › Section 109-02-02-14 - Inactive status

Current through Supplement No. 393, July, 2024
An individual who does not perform duties as a licensed peace
				  officer or is no longer employed by an agency may request the board place the
				  individual on inactive status. The individual shall make the request for
				  inactive status in writing on a form provided by the board. The individual may
				  remain on inactive status indefinitely if the individual meets the same
				  requirements for a peace officer on active status, including annual sidearm
				  qualification requirements, and maintains continuing education requirements and
				  renews the license in accordance with the rules of the board. An individual who
				  has been hired by an agency but who has been on inactive status for three or
				  more years when the individual was hired by the agency shall attend the first
				  available criminal and traffic law portions of the full-time peace officer
				  basic course, and successfully complete the licensing examination before the
				  board may restore the individual's license to active status. Reserve peace
				  officers may not maintain a license in inactive status.
General Authority:
NDCC 12-63-02.3(5),
					 12-63-04(2)(d)
Law Implemented:
NDCC 12-63-02.3,
					 12-63-11(2)
North Dakota Administrative Code › Title 109 - Peace Officer Standards and Training Board › Article 109-02 - Peace Officer Standards › Chapter 109-02-02 - Licensing and Training Requirements › Section 109-02-02-16 - License renewal

Current through Supplement No. 393, July, 2024
1.
Application.
An application for renewal of a license must be made
				on forms issued by the board. An officer applying for renewal shall verify
				compliance with sidearm and continuing education requirements on the
				application for renewal and submit the application for renewal prior to the
				expiration of the officer's license.
2.
Renewal.
The board shall
				issue a license renewal, which is valid for three years, to each officer who
				has submitted the appropriate fee on or before December thirty-first of the
				year the officer's license expires and who has verified compliance with all
				licensing requirements, including continuing education and annual sidearm
				qualification requirements.
3.
Late renewal.
If an officer fails to renew a license by December
				thirty-first of the year the officer's license expires, the license is no
				longer in effect and the individual may not perform officer duties until the
				officer has renewed the license in accordance with the requirements of this
				section. The officer may apply for late renewal no later than December
				thirty-first of the following year upon payment of the late renewal fee and
				verification of compliance with all licensing requirements, including
				continuing education and sidearm qualification requirements. The board may not
				renew the officer's license unless the officer has completed all required
				continuing education and annual sidearm qualification requirements.
4.
Expiration of license.
If an
				officer fails to apply for renewal of a license within one year after the
				expiration of the officer's license, the board may not renew the officer's
				license.
5.
Application for
				limited license and partial waiver.
If a peace officer fails to renew
				the license within one year after expiration of the license, the individual's
				employing agency may apply to the board for a limited license. The individual's
				employing agency may request a partial waiver of basic training after the board
				has issued a limited license to the individual.
6.
No partial waiver.
There are
				not waivers available for individuals whose peace officer license has been
				expired for more than three years.
General Authority:
NDCC 12-63-04(2)(d)
Law Implemented:
NDCC 12-63-04,
					 12-63-11
North Dakota Administrative Code › Title 109 - Peace Officer Standards and Training Board › Article 109-02 - Peace Officer Standards › Chapter 109-02-02 - Licensing and Training Requirements › Section 109-02-02-17 - Termination of officer employment or appointment

Current through Supplement No. 393, July, 2024
An agency's termination of an officer's employment or
				  appointment, whether the termination is voluntary or involuntary, may not
				  preclude adverse license action against the individual by the board under North
				  Dakota Century Code section 12-63-12.
General Authority:
NDCC 12-63-02.3(5),
					 12-63-04(2)(d)
Law Implemented:
NDCC 12-63-02.3, 12-63-12,
					 12-63-13
North Dakota Administrative Code › Title 109 - Peace Officer Standards and Training Board › Article 109-02 - Peace Officer Standards › Chapter 109-02-02 - Licensing and Training Requirements › Section 109-02-02-18 - Notice of termination

Current through Supplement No. 393, July, 2024
If an agency terminates an officer's employment or
				  appointment, the agency shall notify the board within thirty days of the
				  termination on a form provided by the board. The notice of termination must
				  include:
1. The nature and cause of
				the termination.
2. The effective
				date of the termination.
3. A
				statement from the agency indicating whether the agency is recommending denial,
				suspension, or revocation of the officer's license.
General Authority:
NDCC 12-63-02.3(5),
					 12-63-04(2)(d)
Law Implemented:
NDCC 12-63-01(2), 12-63-02.3,
					 12-63-12, 12-63-13
North Dakota Administrative Code › Title 109 - Peace Officer Standards and Training Board › Article 109-02 - Peace Officer Standards › Chapter 109-02-02 - Licensing and Training Requirements › Section 109-02-02-19 - Notice of denial, suspension, or revocation - Hearing

Current through Supplement No. 393, July, 2024
The board shall notify an officer in writing when the board
				  has made a determination to deny, refuse to renew or reinstate, suspend,
				  revoke, or impose probationary conditions on an officer's license. The notice
				  must specify the basis of the denial, refusal to renew or reinstate,
				  suspension, revocation, or probationary conditions. The officer may request an
				  administrative hearing on the denial, refusal to renew or reinstate,
				  suspension, revocation, or probationary conditions. The board may take adverse
				  license action by service of an administrative complaint on the officer. The
				  board shall notify an officer's employing or appointing agency if the board has
				  commenced adverse license action against an officer currently employed or
				  appointed by the agency.
General Authority:
NDCC 12-63-02.3(5),
					 12-63-04(2)(d)
Law Implemented:
NDCC 12-63-02.3, 12-63-12,
					 12-63-13
North Dakota Administrative Code › Title 109 - Peace Officer Standards and Training Board › Article 109-02 - Peace Officer Standards › Chapter 109-02-03 - Minimum Standards of Training Prior to Carrying a Weapon › Section 109-02-03-01 - Sidearm authorization and qualification

Current through Supplement No. 393, July, 2024
An officer may not carry a sidearm in the course of
				  employment or in the performance of official duties unless the officer has
				  successfully completed the sidearm qualification requirements and the board has
				  issued an officer license or limited license. Sidearm qualification requires
				  passing a North Dakota peace officer standards and training board-approved
				  sidearm qualification course.
General Authority:
NDCC 12-63-02.3(5),
					 12-63-04(2)(d)
Law Implemented:
NDCC 12-63-02.3,
					 12-63-04(1)(d)
North Dakota Administrative Code › Title 109 - Peace Officer Standards and Training Board › Article 109-02 - Peace Officer Standards › Chapter 109-02-03 - Minimum Standards of Training Prior to Carrying a Weapon › Section 109-02-03-02 - Use of force examination and sidearm qualification for individuals not licensed in North Dakota

Current through Supplement No. 393, July, 2024
The board shall establish and certify a sidearm qualification
				  and use of force examination for individuals not licensed in North Dakota,
				  including:
1. A written examination
				covering criminal and civil liability and North Dakota law on the use of force.
				A score of one hundred percent is necessary for successful completion of the
				written examination. An individual may attempt the use of force examination
				three times. Only one attempt may occur in any twelve-hour period. If those
				three attempts are unsuccessful, the individual must wait thirty days from the
				last unsuccessful attempt before retaking. After that period, the individual
				may attempt a single use of force examination. If the individual does not pass,
				they may not attempt the use of force examination for three hundred sixty-five
				days.
2. A North Dakota certified
				sidearm shooting course using the officer's duty weapon, duty equipment, and
				duty ammunition or ammunition equivalent grain to the ammunition the officer
				carries on duty. Successful completion of the sidearm qualification requires a
				minimum score of seventy percent and the demonstration of competence in sidearm
				skills, including the safe handling, loading, and unloading of the sidearm, as
				determined by a certified weapons instructor.
3. An individual may attempt to qualify four
				times. The first three attempts only may occur once in any twelve-hour period.
				If a third unsuccessful attempt occurs, the individual must wait thirty days
				before their final attempt at qualification. If the individual is still unable
				to qualify, they may not attempt qualification for three hundred sixty-five
				days from the fourth unsuccessful attempt.
4. Only a North Dakota certified weapons
				instructor may administer the sidearm qualification and use of force
				examination.
General Authority:
NDCC 12-63-04(2)(d)
Law Implemented:
NDCC
					 12-63-04
North Dakota Administrative Code › Title 109 - Peace Officer Standards and Training Board › Article 109-02 - Peace Officer Standards › Chapter 109-02-03 - Minimum Standards of Training Prior to Carrying a Weapon › Section 109-02-03-04 - Sidearm qualification required annually

Current through Supplement No. 393, July, 2024
Every officer shall qualify with the officer's duty weapon
				  each year as a license requirement.
1.
				Sidearm qualification requires successful completion of a North Dakota
				certified shooting course at least once during each calendar year. If an
				officer fails to qualify after one attempt at any certification course on three
				separate days by the end of the calendar year, the officer may not carry a duty
				weapon for thirty days during which time the officer no longer meets minimum
				license requirements. After thirty days, the officer may again attempt to
				qualify; however, the officer's license remains suspended until the employing
				or appointing agency provides proof the officer successfully completed the
				sidearm qualification and pays the late sidearm qualification fee if required
				under these rules.
2. For officers
				employed by an agency who are not required to carry a sidearm in the
				performance of their duties, the officer's agency may apply to the board for a
				waiver of the sidearm qualification requirements.
General Authority:
NDCC 12-63-02.3(5),
					 12-63-04(2)(d)
Law Implemented:
NDCC 12-63-02.3,
					 12-63-04
North Dakota Administrative Code › Title 109 - Peace Officer Standards and Training Board › Article 109-02 - Peace Officer Standards › Chapter 109-02-03 - Minimum Standards of Training Prior to Carrying a Weapon › Section 109-02-03-05 - Certified shooting course

Current through Supplement No. 393, July, 2024
An officer may not qualify with the officer's duty weapon on
				  a noncertified shooting course.
General Authority:
NDCC 12-63-02.3(5),
					 12-63-04(2)(d)
Law Implemented:
NDCC 12-63-02.3,
					 12-63-04
North Dakota Administrative Code › Title 109 - Peace Officer Standards and Training Board › Article 109-02 - Peace Officer Standards › Chapter 109-02-03 - Minimum Standards of Training Prior to Carrying a Weapon › Section 109-02-03-06 - Criteria for a certified shooting course

Current through Supplement No. 393, July, 2024
A sidearm shooting course must meet the following
				  requirements before the agency may receive certification for the course and
				  before an officer may qualify or requalify with the officer's duty
				  weapon:
1. The course must provide for
				a minimum of three firing positions, including:
a. Prone.
b. Sitting.
c. Standing.
d. Kneeling.
e. Point shoulder.
f. Crouch.
g. Walking.
h. Barricade position.
North Dakota Administrative Code › Title 109 - Peace Officer Standards and Training Board › Article 109-02 - Peace Officer Standards › Chapter 109-02-03 - Minimum Standards of Training Prior to Carrying a Weapon › Section 109-02-03-07 - Issuance, denial, or revocation of sidearm qualification

Current through Supplement No. 393, July, 2024
1. The board shall review all applications
				for sidearm qualification. The board may deny or revoke an application for
				sidearm qualification:
a. If the applicant
				failed to successfully complete the shooting course;
b. Upon a finding that the applicant
				falsified any information required to obtain qualification or
				requalification;
c. Upon the
				written recommendation of a certified instructor; or
d. If the shooting course was not
				board-certified.
North Dakota Administrative Code › Title 109 - Peace Officer Standards and Training Board › Article 109-02 - Peace Officer Standards › Chapter 109-02-04 - Instructor and Training Course Certification › Section 109-02-04-01 - Certification of instructors

Current through Supplement No. 393, July, 2024
The board shall certify law enforcement instructors who the
				  board has determined are qualified, based on the instructor's education,
				  training, and experience, to teach one or more law enforcement subjects in
				  accordance with the requirements of this chapter.
1. The board may deny, deny renewal of, or
				suspend an instructor's certification if it determines that the instructor
				fails to meet the requirements of this chapter to teach one or more law
				enforcement subjects.
2. The board
				may deny, deny renewal of, suspend, or revoke an instructor's certification if
				the board finds that false information was willfully submitted to the board for
				purposes of obtaining instructor certification or renewal of
				certification.
3. The board shall
				maintain a record of certified instructors, certified training courses, and
				certified shooting courses.
General Authority:
NDCC 12-63-04(2)(d)
Law Implemented:
NDCC
					 12-63-04(1)(a)(b)(c)
North Dakota Administrative Code › Title 109 - Peace Officer Standards and Training Board › Article 109-02 - Peace Officer Standards › Chapter 109-02-04 - Instructor and Training Course Certification › Section 109-02-04-02 - Requirements for certification of law enforcement instructors

Current through Supplement No. 393, July, 2024
1. A North Dakota licensed officer applying
				for certification as a law enforcement instructor to teach general police
				subjects or the use of weapons, must have:
a.
				Two years' experience as a licensed or certified officer;
b. Verified training or documented experience
				in each subject to be taught;
c.
				Compliance with all board requirements, including successful completion of a
				course of instructor development training or its equivalent approved by the
				board; and
d. A recommendation by
				the applicant's agency administrator or training officer.
North Dakota Administrative Code › Title 109 - Peace Officer Standards and Training Board › Article 109-02 - Peace Officer Standards › Chapter 109-02-04 - Instructor and Training Course Certification › Section 109-02-04-03 - Certification duration

Current through Supplement No. 393, July, 2024
A law enforcement instructor's certification is effective for
				  no more than the instructor's officer license period. The law enforcement
				  instructor's initial certification period will expire the same date as the
				  instructor's officer license. Subsequent instructor certification periods will
				  run concurrently with the instructor's three-year license period. At the end of
				  the instructor's officer license period, the board may renew the instructor's
				  certification provided that:
1. The
				instructor has completed a certified instructor refresher course at least once
				during the certification period;
2.
				The instructor is recommended by the agency administrator or training officer;
				and
3. A law enforcement instructor
				who has not completed a certified instructor refresher course during the
				instructor's officer license period may not apply for renewal
If the instructor completes the methods of instruction
				  refresher long course and pays the late instructor renewal fee within six
				  months of instructor certification expiration, the instructor certification is
				  reinstated. Individuals not completing these requirements within six months of
				  the expiration date must retake the entire methods of instruction training to
				  obtain their instructor certification.
General Authority:
NDCC 12-63-02.3(5),
					 12-63-04(2)(d)
Law Implemented:
NDCC 12-63-02.3,
					 12-63-04(1)(a)(b)(c)
North Dakota Administrative Code › Title 109 - Peace Officer Standards and Training Board › Article 109-02 - Peace Officer Standards › Chapter 109-02-04 - Instructor and Training Course Certification › Section 109-02-04-04 - Application for instructor certification

Current through Supplement No. 393, July, 2024
1. Applications for
				instructor certification must be made on a board-approved form.
2. The board shall review all applications
				for certification. The board may issue an instructor's certificate, issue an
				instructor's certificate subject to conditions, or deny issuance of the
				certificate.
General Authority:
NDCC 12-63-04(2)(d)
Law Implemented:
NDCC
					 12-63-04(1)(a)(b)(c)
North Dakota Administrative Code › Title 109 - Peace Officer Standards and Training Board › Article 109-02 - Peace Officer Standards › Chapter 109-02-04 - Instructor and Training Course Certification › Section 109-02-04-05 - Requirements for weapons instructor certification

Current through Supplement No. 393, July, 2024
1. In order to be certified as a weapons
				instructor, an officer shall successfully complete North Dakota peace officer
				standards and training board-approved instructor development and weapons
				instructor development courses. In order to waive any of those requirements the
				applicant shall make a personal appearance before the peace officer standards
				and training board.
2. If the
				officer is only going to conduct sidearm qualification testing on a certified
				shooting course, the officer only needs to successfully complete a North Dakota
				peace officer standards and training board-approved weapons instructor
				course.
3. Each instructor shall
				successfully complete a certified weapons instructor refresher course at least
				once during the instructor's certification period in order to be eligible for
				recertification.
4. The initial
				weapons instructor certification period will expire the same date as the
				instructor's officer license. Subsequent weapons instructor certification
				periods will run concurrent with the three-year license period.
General Authority:
NDCC 12-63-02.3(5),
					 12-63-04(2)(d)
Law Implemented:
NDCC 12-63-02.3,
					 12-63-04(1)(a)(b)(c)
North Dakota Administrative Code › Title 109 - Peace Officer Standards and Training Board › Article 109-02 - Peace Officer Standards › Chapter 109-02-04 - Instructor and Training Course Certification › Section 109-02-04-06 - Weapons instructor requirements

Current through Supplement No. 393, July, 2024
1. Within thirty
				days after an officer or applicant has completed a certified shooting course,
				the weapons instructor shall forward a completed sidearm qualification form to
				the board.
2. The board may suspend
				a weapons instructor's certification if the weapons instructor fails to submit
				an officer's or applicant's sidearm qualification form to the board within
				thirty days after the officer has completed the sidearm qualification on a
				certified shooting course.
3. The
				board shall notify a weapons instructor in writing if it suspends the
				instructor's certification. The notice must specify the basis of the
				suspension.
General Authority:
NDCC 12-63-02.3(5),
					 12-63-04(2)(d)
Law Implemented:
NDCC 12-63-02.3,
					 12-63-04(1)(a)(b)(c)
North Dakota Administrative Code › Title 109 - Peace Officer Standards and Training Board › Article 109-02 - Peace Officer Standards › Chapter 109-02-04 - Instructor and Training Course Certification › Section 109-02-04-07 - Certification of training providers › Section 109-02-04-07.1 - Certified training provider and certified instructor denial, suspension, revocation, or imposition of probationary terms

Current through Supplement No. 393, July, 2024
1. The
				  board may deny, suspend, revoke, or place conditions upon a training provider's
				  or certified instructor's certification, or impose probationary conditions on
				  the training provider or certified instructor, or suspend or revoke
				  certification of a training course if the training provider or certified
				  instructor:
a. Fails to provide instruction
				  consistent with the prescribed performance objectives in the subject areas for
				  which the training provider or training course was certified;
b. Fails to comply with or cooperate in a
				  board investigation of the training provider or training course, including an
				  investigation of misconduct by students, faculty, or staff. For purposes of
				  this requirement, the term "misconduct" includes cheating on a licensing
				  examination or tests required by the training provider or the board, helping
				  another individual to cheat on a licensing examination or tests required by the
				  training provider or the board, filing a false report or information with the
				  board, or obstructing a board investigation; or
c. Fails to comply with North Dakota Century
				  Code chapter 12-63 or the rules of the board.
North Dakota Administrative Code › Title 109 - Peace Officer Standards and Training Board › Article 109-02 - Peace Officer Standards › Chapter 109-02-04 - Instructor and Training Course Certification › Section 109-02-04-08 - Basic full-time peace officer training course requirements

Current through Supplement No. 393, July, 2024
1. The basic
				full-time peace officer training course must include training based on
				performance objectives essential for law enforcement in the state of North
				Dakota, and must include classroom training, field training, and firearms
				training.
2. The basic full-time
				peace officer training course must include testing on the performance
				objectives. The training provider conducting the basic full-time peace officer
				training course shall maintain records of tests and testing
				procedures.
3. Before a certified
				training provider offers any course from the basic full-time peace officer
				training courses at another site not included in the original certification,
				the training provider shall notify the board in writing.
General Authority:
NDCC 12-63-04(2)(d)
Law Implemented:
NDCC
					 12-63-04(1)(a)(b)(c)
North Dakota Administrative Code › Title 109 - Peace Officer Standards and Training Board › Article 109-02 - Peace Officer Standards › Chapter 109-02-04 - Instructor and Training Course Certification › Section 109-02-04-08.1 - Basic part-time law enforcement training course requirements

Current through Supplement No. 393, July, 2024
1. The basic
				part-time law enforcement training course must include training based on
				performance objectives essential to part-time peace officers in the state of
				North Dakota, and must include classroom training, field training, and firearms
				training.
2. The basic part-time
				peace officer training course must include testing on the performance
				objectives. The school or agency conducting the basic part-time peace officer
				training course shall maintain records of tests and testing
				procedures.
3. An applicant for a
				part-time peace officer license must successfully complete the basic part-time
				peace officer training course within two years after the applicant started the
				basic part-time peace officer training course.
4. The school or agency conducting the basic
				part-time peace officer training course shall notify the board if the applicant
				for a part-time peace officer license fails to complete or pass any part of the
				basic part-time peace officer training course.
General Authority:
NDCC 12-63-02.1(7)
Law Implemented:
NDCC
					 12-63-02.1