reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 37 - SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY › Article 1 - LAW ENFORCEMENT TRAINING › Section 37-027 - Notification of Withdrawal of Certification

Current through Register Vol. 48, No. 6, June 28, 2024
A. Prior to the withdrawal of a law
			 enforcement officer's certification pursuant to R.R.37-025
			 and/or R.R.37-026,
			 the Council shall notify the officer whose certification is to be withdrawn on
			 a form prescribed by the Council sent by registered mail, to the current
			 address on file at the Academy, return receipt requested, to the
			 officer.
B. Such notice shall be
			 provided to the officer ten days in advance of the effective date of withdrawal
			 of the certification.
C. Duplicate
			 of such notice shall be sent in the same manner as in paragraph (A) above, to
			 the current sheriff or the chief executive officer of the law enforcement
			 agency or department of the law enforcement officer.
South Carolina Code of Regulations › Chapter 37 - SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY › Article 1 - LAW ENFORCEMENT TRAINING › Section 37-028 - Notification of Denial of Certification

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Council shall notify any candidate
			 whose certification is denied pursuant to R.R.37-025
			 on a form prescribed by the Council sent by registered mail, to the current
			 address on file at the Academy, return receipt requested. It is the
			 responsibility of every candidate as described in Chapter 37 of these
			 regulations to notify the Academy of his or her current address. All such
			 notices required to be made to the candidate as prescribed by Chapter 37 of
			 these regulations is effective upon mailing as required in this
			 section.
B. Duplicate of such
			 notice shall be sent in the same manner as in paragraph (A) above, to the
			 current sheriff or chief executive officer of the law enforcement agency or
			 department of the candidate.
South Carolina Code of Regulations › Chapter 37 - SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY › Article 1 - LAW ENFORCEMENT TRAINING › Section 37-029 - Confidentiality of Notification

Current through Register Vol. 48, No. 6, June 28, 2024
All notifications to law enforcement officers and their
				respective employing law enforcement agencies pursuant to R.R.37-023,
				R.37-024, R.R.37-027,
				and R.R.37-028
				shall be handled in a confidential and sensitive manner.
South Carolina Code of Regulations › Chapter 37 - SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY › Article 1 - LAW ENFORCEMENT TRAINING › Section 37-030 - Reserve Police

Current through Register Vol. 48, No. 6, June 28, 2024
A. Definition
In addition to the definition required by law, a "reserve"
				officer is not paid by the agency for which the officer performs law
				enforcement duties.
B.
			 Documentation and Reporting
1. Each agency
			 having a reserve law enforcement officer program shall keep on file, available
			 for inspection, all documentation required for regularly salaried law
			 enforcement officers and as set out in R.R.37-007.
2. Each agency shall certify to the Academy,
			 using a form as prescribed by the Council, that such documentation is on file
			 in the agency.
South Carolina Code of Regulations › Chapter 37 - SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY › Article 3 - E-911 SYSTEM › Section 37-060 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
A. "Operator" means
			 a telecommunications operator or dispatcher employed in an E-911
			 system.
B. "Agency" means local
			 government or public safety agency employing operators.
C. "Director" means the Director of the South
			 Carolina Criminal Justice Academy.
D. "Academy" means the South Carolina
			 Criminal Justice Academy.
E.
			 "Council" means the Law Enforcement Training Council.
South Carolina Code of Regulations › Chapter 37 - SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY › Article 3 - E-911 SYSTEM › Section 37-062 - Training to Take Place within One Year of Hire

Current through Register Vol. 48, No. 6, June 28, 2024
A. No operator employed or appointed on or
			 after the effective date of these regulations by any agency in this State is
			 authorized to receive, process, transmit and/or dispatch emergency and
			 non-emergency calls for police, fire, emergency medical and other public safety
			 services via communication devices unless he or she has been certified as
			 qualified by the Council, except that any agency in this State may appoint or
			 employ as an operator, a person who is not certified if, within one year after
			 the date of employment or appointment, the person secures certification from
			 the Council. Exceptions to the one-year rule may be granted by the Director in
			 these cases:
1. military leave or injury
			 occurring during the first year which would preclude the receiving of training
			 within the usual period of time; or
2. in the event of the timely filing of
			 application for training, which application, under circumstances of time and
			 physical limitations, cannot be honored by the training academy within the
			 prescribed period; or
3. upon
			 presentation of documentary evidence that the candidate has successfully
			 completed equivalent training in one of the other states which by law regulate
			 and supervise the quality of operator training and which require a minimum
			 basic or recruit course of duration and content at least equivalent to that
			 provided in these regulations or by standards set by the Council; or
4. if it is determined by documentary
			 evidence that the training will result in undue hardship to the requesting
			 agency, the requesting agency must propose an alternate training schedule for
			 approval.
South Carolina Code of Regulations › Chapter 37 - SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY › Article 3 - E-911 SYSTEM › Section 37-063 - Requirement of Good Character

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 Background Investigations.
Every agency who requests operator's certification shall
				conduct a background investigation in accordance with guidelines issued by the
				Council.
B. Certification
			 to the Council.
Every agency who requests operator's certification shall
				certify to the Council that, in the opinion of the agency, the candidate is of
				good character and has not engaged in misconduct as defined in R.R.37-073.
				However, a finding of good character is subject to final approval by the
				Council.
C. Availability of
			 Background Information.
Information obtained in any background investigation made in
				response to these regulations, shall be available, upon request, to the Academy
				and/or Council for its review and to any future prospective agency to assist
				them in a determination of an applicant's good character for operator's or law
				enforcement certification.
South Carolina Code of Regulations › Chapter 37 - SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY › Article 3 - E-911 SYSTEM › Section 37-064 - Minimum Requirements for E-911 Operator Enrollment in Training

Current through Register Vol. 48, No. 6, June 28, 2024
A. All agencies
			 having operators as candidates for training and certification shall submit to
			 the Academy, the following:
1. an application
			 under oath in a format prescribed by the Council;
2. evidence satisfactory to the Council that
			 the candidate possesses a high school diploma or equivalent recognized and
			 accepted by the South Carolina Department of Education;
3. evidence satisfactory to the Council that
			 the candidate's present age is not less than eighteen years;
4. evidence satisfactory to the Council that
			 the candidate has not been convicted of any criminal offense that carries a
			 possible sentence of more than one year.
South Carolina Code of Regulations › Chapter 37 - SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY › Article 3 - E-911 SYSTEM › Section 37-066 - Training Requirements for Certification

Current through Register Vol. 48, No. 6, June 28, 2024
A. Candidates for certification as operators
			 shall successfully complete a prescribed course of training as approved by the
			 Council and will be certified as Class 4-TCO.
B. Candidates employed as operators prior to
			 June 27, 1997 may be certified without completing the training referenced in
			 paragraph (A) above if the candidate has:
1.
			 two years continuous employment as an operator and no break in service of
			 longer than six months; or
2. one
			 year continuous employment as an operator , no break in service of more than
			 six months, and prior training accredited by the Academy, and the candidate
			 successfully passes a comprehensive test as approved by the Director and
			 administered by the Academy. No retest will be offered.
South Carolina Code of Regulations › Chapter 37 - SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY › Article 3 - E-911 SYSTEM › Section 37-067 - Break in Service after Certification

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 All certification lapses upon separation from employment.
B. Candidates with prior certification and a
			 break in service of less than one year will be recertified upon a request by
			 the employing agency, provided the agency produces evidence satisfactory to the
			 Director that the candidate has not been convicted of any criminal offense that
			 carries a possible sentence of more than one year.
C. Candidates with prior certification and a
			 break in service of more than one year must meet the requirements of
			 R.R.37-064
			 and R.R.37-066(A).
South Carolina Code of Regulations › Chapter 37 - SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY › Article 3 - E-911 SYSTEM › Section 37-068 - Application for Issuance or Re-issuance of Certification

Current through Register Vol. 48, No. 6, June 28, 2024
A. All candidates for issuance or re-issuance
			 of operator's certification shall be submitted to the Academy within fifteen
			 business days after hire on a form prescribed by the Council.
B. All candidates for issuance or re-issuance
			 of operator certification must not have any active notification(s) from the
			 South Carolina Department of Social Services notifying the Academy and/or the
			 Council to revoke certification pursuant to S.C. Code §
								63-17-1060.
South Carolina Code of Regulations › Chapter 37 - SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY › Article 3 - E-911 SYSTEM › Section 37-070 - Separation from Employment

Current through Register Vol. 48, No. 6, June 28, 2024
Agencies shall notify the Academy of the separation from
				employment of any certified operator. If the separation is a result of the
				conviction for a criminal offense carrying a possible sentence of more than one
				year, such conviction shall be reported to the Academy. All reports shall take
				place on a form approved by the Director.
South Carolina Code of Regulations › Chapter 37 - SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY › Article 3 - E-911 SYSTEM › Section 37-073 - Denial of Telecommunications Operator Certification for Misconduct

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Council may deny certification based on evidence satisfactory to the Council that the candidate has engaged in misconduct. For purposes of this section, misconduct means:
1. Conviction, plea of guilty, plea of no contest or admission of guilt (regardless of withheld adjudication) to a felony, a crime punishable by a sentence of more than one year (regardless of the sentence actually imposed, if any), or a crime of moral turpitude in this or any other jurisdiction;
2. Unlawful use of a controlled substance;
3. Misrepresentation of employment-related information;
4. To willfully make false, misleading, incomplete, deceitful, or incorrect statement(s) to a law enforcement officer, a law enforcement agency, or representative, except when required by departmental policy or by the laws of this State during the course of an investigation;
5. To willfully make false, misleading, incomplete, deceitful, or incorrect statement(s) to a court of competent jurisdiction, or their staff members, whether under oath or not;
6. To willfully make false, misleading, incomplete, deceitful, or incorrect information on a document, record, report, or form, except when required by departmental policy or by the laws of this State;
7. Willfully falsifying material information provided to the Criminal Justice Academy.
South Carolina Code of Regulations › Chapter 37 - SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY › Article 3 - E-911 SYSTEM › Section 37-074 - Withdrawal of Certification of Telecommunications Operators

Current through Register Vol. 48, No. 6, June 28, 2024
A. An operator, certified pursuant to the provisions of R.37-065, shall have his or her certification as an operator withdrawn by the Council upon the occurrence of any one or more of the following events:
1. The operator is found to have falsified any application for certification and training based upon which the operator was admitted for training.
2. The operator is found to be ineligible for service as an operator because of his or her failure to meet prerequisite qualifications for training and certification, as set by law, even though such ineligibility is not discovered until after the operator's initial certification.
3. The operator is convicted of a criminal offense under the law of any jurisdiction which would, by the laws of this State, disqualify the operator from obtainment of certification as provided for in R.37-005 and R.37-006.
4. Evidence satisfactory to the Council that the operator has engaged in misconduct. For purposes of this section, misconduct means:
a. Conviction, plea of guilty, plea of no contest or admission of guilt (regardless of withheld adjudication) to a felony, a crime punishable by a sentence of more than one year (regardless of the sentence actually imposed, if any), or a crime of moral turpitude;
b. Unlawful use of a controlled substance;
c. Misrepresentation of employment-related information;
d. Violations of criminal law resulting from administrative inquiries;
e. To willfully make false, misleading, incomplete, deceitful, or incorrect statement(s) to a law enforcement officer, a law enforcement agency, or representative, except when required by departmental policy or by the laws of this State during the course of an investigation;
f. To willfully make false, misleading, incomplete, deceitful, or incorrect statement(s) to a court of competent jurisdiction, or their staff members, whether under oath or not;
g. To willfully make false, misleading, incomplete, deceitful, or incorrect information on a document, record, report, or form, except when required by departmental policy or by the laws of this State;
h. Willfully falsifying material information provided to the Criminal Justice Academy.
Provided however that in considering whether to withdraw certification based on misconduct, the Council may consider the seriousness, frequency and any mitigating circumstances surrounding the act or omission constituting or alleged to constitute misconduct.
South Carolina Code of Regulations › Chapter 37 - SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY › Article 5 - ADJUDICATION OF MISCONDUCT ALLEGATIONS › Section 37-100 - Suspension of Certification Due to Criminal Charges and/or Indictment

Current through Register Vol. 48, No. 6, June 28, 2024
A. If a law
			 enforcement officer is charged and/or indicted for a crime that could result in
			 disqualification under S.C. Code 23-23-60, S.C. Regulation Regulation
			 37-025,
			 and/or S.C. Regulation Regulation
			 37-026,
			 the officer's law enforcement certification may be suspended by the Council
			 until the criminal charge is resolved.
B. Upon receiving notification that a law
			 enforcement officer has been charged and/or indicted for a crime that could
			 result in disqualification under S.C. Code 23-23-60, S.C. Regulation Regulation
			 37-025,
			 and/or S.C. Regulation Regulation
			 37-026
			 and being informed the Council is suspending the law enforcement officer's
			 certification until the criminal charge is resolved, the Academy shall notify
			 the officer and the officer's current law enforcement employer of the
			 suspension of the officer's law enforcement certification. This notification
			 shall be sent by registered mail, to the current address on file at the
			 Academy, return receipt requested, to the officer and to the current law
			 enforcement employer. It is the responsibility of every law enforcement officer
			 to notify the Academy of his or her current address.
C. Once the criminal charge against the law
			 enforcement officer has been resolved, if the officer is still employed by a
			 law enforcement agency at the time of resolution, it shall be the
			 responsibility of the law enforcement employer to notify the Academy of the
			 resolution of the criminal charge(s) by providing the Academy with certified
			 copies of the Court document(s) showing the resolution of the criminal
			 charge(s).
South Carolina Code of Regulations › Chapter 37 - SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY › Article 5 - ADJUDICATION OF MISCONDUCT ALLEGATIONS › Section 37-101 - Request for Contested Case Hearing

Current through Register Vol. 48, No. 6, June 28, 2024
A. A person against whom an allegation of
			 misconduct has been received by the Academy shall be notified of the allegation
			 of misconduct and his right to a contested case hearing, either by delivering a
			 copy of the allegation personally or by leaving a copy of the allegation at his
			 dwelling house or usual place of abode with some person of suitable age and
			 discretion residing therein. A person against whom an allegation of misconduct
			 has been received by the Academy may request a contested case hearing. The
			 request must be made within three years after receipt of the allegation of
			 misconduct and the service of the allegation on the officer, whichever is
			 later. A person who fails to request a contested case hearing within the time
			 allowed shall be deemed to have waived his right to a contested case hearing.
			 The Law Enforcement Training Council shall proceed to enter a final agency
			 decision to deny the person his law enforcement certification or
			 telecommunications certification for a specified time period, up to a permanent
			 denial. It is the responsibility of every candidate/officer/operator as
			 described in Chapter 37 of these regulations to notify the Academy of his or
			 her current address. All such notices required to be made to the
			 candidate/officer/operator as prescribed in Chapter 37 of these regulations is
			 effective upon mailing as required in this section.
B. A request for contested case hearing under
			 this section must satisfy Rule 262(a), SCACR and Rule 263, SCACR.
South Carolina Code of Regulations › Chapter 37 - SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY › Article 5 - ADJUDICATION OF MISCONDUCT ALLEGATIONS › Section 37-102 - Failure to Request Contested Case Hearing

Current through Register Vol. 48, No. 6, June 28, 2024
Any candidate/officer/operator who fails to request a contested
				case hearing pursuant to R.R.37-101,
				shall have a judgment by default made against him/her and the Council may
				immediately proceed with determining a final agency action.
South Carolina Code of Regulations › Chapter 37 - SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY › Article 5 - ADJUDICATION OF MISCONDUCT ALLEGATIONS › Section 37-103 - Prosecution and Docketing

Current through Register Vol. 48, No. 6, June 28, 2024
A. When a
			 candidate/officer/operator has requested a contested case hearing pursuant to
			 R.R.37-101,
			 the Agency making the allegation of misconduct shall handle the prosecution of
			 the claim during the contested case hearing as provided below.
B. Upon receipt of a request for contested
			 case hearing pursuant to R.R.37-101,
			 a docket number shall be assigned to the case.
South Carolina Code of Regulations › Chapter 37 - SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY › Article 5 - ADJUDICATION OF MISCONDUCT ALLEGATIONS › Section 37-104 - Discovery

Current through Register Vol. 48, No. 6, June 28, 2024
A. Any party to a
			 contested case hearing requested pursuant to R.R.37-101
			 may engage in discovery only as allowed by this section or the Administrative
			 Procedures Act.
B. Discovery shall
			 be conducted pursuant to Rules 26-37, SCRCP, except:
1. Requests for Admission pursuant to Rule36,
			 SCRCP are not allowed;
2.
			 Interrogatories pursuant to Rule33, SCRCP shall be limited to twenty-five (25)
			 interrogatories. In determining the number of interrogatories subparts shall be
			 included, but the standard interrogatories contained in Rule33(b), SCRCP shall
			 not be included;
3. Physical and
			 mental examinations pursuant to Rule35, SCRCP do not need to meet the $100,000
			 amount in controversy;
4. No more
			 than three (3) depositions may be taken by either party unless the parties
			 consent, with specificity, in writing, to the taking of additional
			 depositions.
South Carolina Code of Regulations › Chapter 37 - SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY › Article 5 - ADJUDICATION OF MISCONDUCT ALLEGATIONS › Section 37-105 - Contested Case Hearing

Current through Register Vol. 48, No. 6, June 28, 2024
A. The contested case shall be held upon thirty (30) days notice to the candidate/officer/operator and Agency making the allegation of misconduct.
B. The contested case hearing shall conform to Rule 43(a), (c)(1), (d), (e), (f), (h), (i), SCRCP, except, counsel is not required to stand during examination.
C. Subpoenas may be issued by the candidate/officer/operator or the Agency making the allegation of misconduct to compel attendance and/or production of evidence at the contested case hearing so long as the subpoena complies with Rule 45, SCRCP and is on a form prescribed by the Council.
D. During the contested case hearing both parties are entitled to cross examine witness and are entitled to present evidence. The candidate/officer/operator is not required to present evidence during the hearing.
E. The contested case hearing shall follow the format of:
1. Opening Statement by the Agency making the allegation of misconduct;
2. Opening Statement by candidate/officer/operator;
3. Presentation of case in chief by the Agency making the allegation of misconduct;
4. Presentation of case in chief by the candidate/officer/operator;
5. Rebuttal evidence as appropriate;
6. Closing Argument by the Agency making the allegation of misconduct; and
7. Closing Argument by candidate/officer/operator.
South Carolina Code of Regulations › Chapter 37 - SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY › Article 5 - ADJUDICATION OF MISCONDUCT ALLEGATIONS › Section 37-106 - Failure to Appear at the Contested Case Hearing

Current through Register Vol. 48, No. 6, June 28, 2024
A. Any candidate/officer/operator or Agency
			 making the allegation of misconduct notified pursuant to R.R.37-105(A)
			 who fails to appear at the contested case hearing, shall have a judgment by
			 default made against them by the hearing officer, shall have waived their right
			 to present evidence at the contest case hearing, and the hearing officer shall
			 not be required to issue a recommendation pursuant to R.R.37-105(L).
			 Additionally, when the candidate/officer/operator notified pursuant to
			 R.R.37-105(A)
			 fails to appear at the contested case hearing, the Council may immediately
			 proceed with determining whether the candidate/officer/operator committed
			 misconduct pursuant to R.R.37-025,
			 R.R.37-026, R.R.37-073 and/or R.R.37-074 and, if misconduct has been committed,
			 a sanction pursuant to R.R.37-108 for the
			 misconduct. When the candidate/officer/operator notified pursuant to
			 R.R.37-105(A)
			 fails to appear, the evidence submitted to the Council shall not be required to
			 conform to the Rules of Evidence.
South Carolina Code of Regulations › Chapter 37 - SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY › Article 5 - ADJUDICATION OF MISCONDUCT ALLEGATIONS › Section 37-107 - Final Decision by Law Enforcement Training Council

Current through Register Vol. 48, No. 6, June 28, 2024
A. All Council members, unless recused, shall be provided with a complete transcript of the contested case hearing, copies of all exhibits accepted into evidence during the contested case hearing, and a copy of the hearing officer's recommendation.
B. A quorum of the Council must be present for a final agency decision to be made. A simple majority vote of the quorum of Council members present shall be binding for a final decision issued pursuant to R.37-107(D).
C. In order for a candidate/officer/operator to have a final decision issued finding that they did commit misconduct pursuant to R.37-025, R.37-026, R.37-073, or R.37-074, the Council must find misconduct has been proven by the preponderance of the evidence.
D. The Council shall issue a final decision based on the evidence accepted during the contested case hearing and the applicable statutes and regulations. The Council may consider the hearing officer's recommendation. The Council's final decision must include the following:
1. Findings of Fact;
2. Conclusions of Law; and
3. If appropriate, sanction(s) pursuant to R.37-108.
The Council may adopt the hearing officer's recommendation as the Council's final decision.
South Carolina Code of Regulations › Chapter 37 - SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY › Article 5 - ADJUDICATION OF MISCONDUCT ALLEGATIONS › Section 37-108 - Sanctions

Current through Register Vol. 48, No. 6, June 28, 2024
A. If any
			 candidate/officer/operator is found by substantial evidence to have committed
			 misconduct as defined by R.R.37-025,
			 R.R.37-026, R.R.37-073 and/or R.R.37-074, such candidate/officer/operator may
			 be sanctioned by the Council as follows, in any combination:
1. Permanent denial and/or revocation
			 (withdrawal) of certification;
2.
			 Denial and/or revocation (withdrawal) of certification for a specified amount
			 of time;
3. Certification granted
			 with probation;
4. Certification
			 granted with any additional requirements deemed just and proper by the Council;
			 and/or
5. Public
			 reprimand.
South Carolina Code of Regulations › Chapter 37 - SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY › Article 5 - ADJUDICATION OF MISCONDUCT ALLEGATIONS › Section 37-109 - Recusal of Council Members

Current through Register Vol. 48, No. 6, June 28, 2024
A. If a member
			 of the Council filed the allegation of misconduct or is the current sheriff or
			 chief executive officer of the employing agency or department of the
			 candidate/officer/operator, that Council member shall recuse themselves from
			 participating in any hearing, final agency decision, or consent agreement
			 entered into after allegations of misconduct have been filed regarding the
			 matter. That member of the Council shall also be prohibited from discussing the
			 issue with other Council members, except as a witness or party, until after the
			 Council has issued its final agency action and the time for appeal has lapsed
			 or the appeal rights have been exhausted. These prohibitions should not be
			 construed as prohibiting the filing of any documents as required or allowed
			 under Chapter 23 of Title 23 or Chapter 37 of the South Carolina Code of
			 Regulations.
B. If any member of
			 the Council has a personal relationship to the candidate/officer/operator or
			 some other personal connection to the issue before them, then that Council
			 member shall recuse themselves from participating in any hearing, final agency
			 decision, or consent agreement entered into after allegations of misconduct
			 have been filed regarding the matter. That member of the Council shall also be
			 prohibited from discussing the issue with other Council members, except as a
			 witness or party, until after the Council has issued its final agency action
			 and the time for appeal has lapsed or the appeal rights have been exhausted.
			 These prohibitions should not be construed as prohibiting the filing of any
			 documents as required or allowed under Chapter 23 of Title 23 or Chapter 37 of
			 the South Carolina Code of Regulations.
South Carolina Code of Regulations › Chapter 37 - SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY › Article 5 - ADJUDICATION OF MISCONDUCT ALLEGATIONS › Section 37-110 - Right to be Represented by Counsel

Current through Register Vol. 48, No. 6, June 28, 2024
A. During all stages under R.R.37-100
			 through R.R.37-108, the
			 candidate/officer/operator and Agency is entitled to be represented by legal
			 counsel.
B. If the
			 candidate/officer/operator or Agency are represented by legal counsel, a notice
			 of such representation must be sent to the Academy and other party.
South Carolina Code of Regulations › Chapter 37 - SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY › Article 5 - ADJUDICATION OF MISCONDUCT ALLEGATIONS › Section 37-112 - Reporting to the National Decertification Index

Current through Register Vol. 48, No. 6, June 28, 2024
A. After the Council has issued its final
			 agency action and the time for appeal has lapsed or the appeal rights have been
			 exhausted, if a candidate/officer/operator is found to have committed
			 misconduct as defined by R.R.37-025,
			 R.R.37-026, R.R.37-073, and/or R.R.37-074 or if a candidate/officer/operator
			 consents to sanctions under R.R.37-108, no matter the
			 sanction issued by the Council pursuant to R.R.37-108, that
			 candidate/officer/operator's information shall be entered in the National
			 Decertification Index by the Academy.
B. Entry of a candidate/officer/operator's
			 information into the National Decertification Index in compliance with
			 R.R.37-112(A) must not be the subject of or basis for any action at law or in
			 equity in any court of the State.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 1 - CRIMINAL JUSTICE ACADEMY › Subarticle 1 - LAW ENFORCEMENT TRAINING › Section 38-001 - Authority of Director

Current through Register Vol. 48, No. 6, June 28, 2024
A. The
				Director is authorized to issue orders directing that public law enforcement
				agencies and law enforcement officers certified in this state comply with
				Chapter 23, Title 23 Code of Laws of South Carolina, 1976, as amended, and the
				regulations promulgated pursuant thereto.
B. All orders so issued shall be reviewed and
				ratified by the Council prior to their issuance.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 1 - CRIMINAL JUSTICE ACADEMY › Subarticle 1 - LAW ENFORCEMENT TRAINING › Section 38-002 - Application for Re-issuance of Certification

Current through Register Vol. 48, No. 6, June 28, 2024
All applications for re-issuance of law enforcement
				  certification shall be submitted to the Academy within fifteen days after
				  hiring on a form prescribed by the Council.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 1 - CRIMINAL JUSTICE ACADEMY › Subarticle 1 - LAW ENFORCEMENT TRAINING › Section 38-003 - Requirement of Good Character

Current through Register Vol. 48, No. 6, June 28, 2024
A.
				Background Investigations.
Every agency who requests certification of any class of law
				  enforcement officer shall conduct a background investigation in accordance with
				  guidelines issued by the Council.
B. Certification to the Council.
Every agency who requests certification of any class of law
				  enforcement officer shall certify to the Council that, in the opinion of the
				  employing agency, the candidate is of good character and has not engaged in
				  misconduct as defined in R.38-004.
C. Availability of Background Information.
Information obtained in any background investigation made in
				  response to these regulations, shall be available, upon request, to the Academy
				  and/or Council for its review and to any future prospective law enforcement
				  employers to assist them in a determination of an applicant's good character
				  for law enforcement certification.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 1 - CRIMINAL JUSTICE ACADEMY › Subarticle 1 - LAW ENFORCEMENT TRAINING › Section 38-004 - Denial of Certification for Misconduct

Current through Register Vol. 48, No. 6, June 28, 2024
A. The Council may deny certification based
				on evidence satisfactory to the Council that the candidate has engaged in
				misconduct. For purposes of this section, misconduct means:
1. Conviction, plea of guilty, plea of no
				contest or admission of guilt (regardless of withheld adjudication) to a
				felony, a crime punishable by a sentence of one year or more (regardless of the
				sentence actually imposed, if any), or a crime of moral turpitude in this or
				any other jurisdiction;
2. Unlawful
				use of a controlled substance;
3.
				The repeated use of excessive force in dealing with the public and/or
				prisoners;
4. Dangerous and/or
				unsafe practices involving firearms, weapons, and/or vehicles which indicate
				either a willful or wanton disregard for the safety of persons or
				property;
5. Physical or
				psychological abuses of members of the public and/or prisoners;
6. Misrepresentation of employment-related
				information;
7. Dishonesty with
				respect to his/her employer;
8.
				Untruthfulness with respect to his/her employer.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 1 - CRIMINAL JUSTICE ACADEMY › Subarticle 1 - LAW ENFORCEMENT TRAINING › Section 38-005 - Firearms Qualification Requirement

Current through Register Vol. 48, No. 6, June 28, 2024
Each law enforcement agency shall maintain proof of
				  completion of a firearms qualification program and keep on file, available for
				  inspection, proof that the firearms qualification program was administered by
				  an Academy accredited firearms instructor.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 1 - CRIMINAL JUSTICE ACADEMY › Subarticle 1 - LAW ENFORCEMENT TRAINING › Section 38-006 - Certification

Current through Register Vol. 48, No. 6, June 28, 2024
Certification will occur upon the successful completion of
				  the prescribed training course as set out in 38-007. No candidate may be
				  certified in more than one class at any one time and certification shall be
				  that required for the most recent employing agency.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 1 - CRIMINAL JUSTICE ACADEMY › Subarticle 1 - LAW ENFORCEMENT TRAINING › Section 38-007 - Training Requirements for Basic Law Enforcement Certification

Current through Register Vol. 48, No. 6, June 28, 2024
A. Class 1
				Certifications.
1. Candidates for basic
				certification as law enforcement officers with full powers shall successfully
				complete a training program as approved by the Council and will be certified as
				Class 1-LE.
2. Candidates for basic
				certification as both law enforcement officers with full powers and as local
				detention facility officers (jailers) shall successfully complete the
				requirements to be certified as Class 1-LE and Class 2-LCO and will be
				certified as Class 1-LECO.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 1 - CRIMINAL JUSTICE ACADEMY › Subarticle 1 - LAW ENFORCEMENT TRAINING › Section 38-008 - Equivalent Training

Current through Register Vol. 48, No. 6, June 28, 2024
A. Other
				States.
All candidates who have received law enforcement training in
				  other states shall submit satisfactory proof of successful completion and a
				  verified copy of the courses taken. Training will be reviewed on a case by case
				  basis and each candidate will be given credit for any training deemed
				  equivalent to training offered by the Academy. All candidates must satisfy
				  legal and firearms training as well as remedy any deficiencies in prior
				  training.
B. Federal
				Training.
All candidates who have received law enforcement training
				  with U.S. federal agencies shall submit satisfactory proof of successful
				  completion and a verified copy of the courses taken. Training will be reviewed
				  on a case by case basis and each candidate will be given credit for any
				  training deemed to be equivalent to training offered by the Academy. All
				  candidates must satisfy legal and firearms training as well as remedy any
				  deficiencies in prior training.
C. Military Training.
All candidates who have received law enforcement training as
				  U.S. military police shall submit satisfactory proof of successful completion
				  and a verified copy of the courses taken. Training will be reviewed on a case
				  by case basis and each candidate will be given credit for any training deemed
				  to be equivalent to training offered by the Academy. All candidates must
				  satisfy legal and firearms training as well as remedy any deficiencies in prior
				  training.
D. Prior Training
				with Break in Service.
1. All certification
				lapses when an individual terminates active law enforcement duty.
2. A candidate with a break in service of
				less than one year will be re-certified by the Academy upon receiving a request
				by his department and upon providing proof of no disabilities at law.
3. A candidate with a break in service of one
				year but less than three years will be re-certified upon submission of the
				application with appropriate documents as set out in Section
				23-23-60
				and R.38-002.
4. A candidate with a
				break in service of three years or more must complete all the requirements of
				Section
				23-23-60
				and R.38-002,
				R.38-005 and R.38-006.
5. When a
				candidate becomes subject to new training requirements, as set forth in
				R.38-007,
				as a result of a transfer from one agency to another with different training
				requirements, the candidate must successfully complete the training
				requirements for the class of certification the candidate will occupy with the
				new agency.
6. A candidate who has
				been continuously certified in this state, in any class, and who transfers to a
				class in which he/she has been previously certified, will be certified in the
				prior class upon successful completion of the firearms qualification
				requirement.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 1 - CRIMINAL JUSTICE ACADEMY › Subarticle 1 - LAW ENFORCEMENT TRAINING › Section 38-009 - Separation from Law Enforcement Employment

Current through Register Vol. 48, No. 6, June 28, 2024
A. All law enforcement agencies and other
				employers of law enforcement officers are required to notify the Academy when
				an officer leaves the employment of the agency/employer, regardless of the
				reason for the separation within 15 days of separation.
B. Such notification shall take place on a
				form as prescribed by the Council, contain the facts and circumstances leading
				to the separation, and be for the Academy and Council's confidential use and
				subsequent safekeeping.
C. In the
				event that such notification contains allegations of misconduct, a copy of such
				notice shall be sent to the law enforcement officer and the officer shall be
				informed of the provisions of Section
				23-23-90
				and allowed to file a response for the Academy and Council's use and
				safekeeping.
D. A willful failure
				by law enforcement agencies and other employers of law enforcement officers to
				supply the facts and circumstances of separation shall subject the violator to
				a civil penalty as provided by law.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 1 - CRIMINAL JUSTICE ACADEMY › Subarticle 1 - LAW ENFORCEMENT TRAINING › Section 38-010 - Reserve Police

Current through Register Vol. 48, No. 6, June 28, 2024
A. Definition.
In addition to the definition required by law, a "reserve"
				  officer is not paid by the agency for which the officer performs law
				  enforcement duties.
B.
				Documentation and Reporting.
1. Each agency
				having a reserve law enforcement officer program shall keep on file, available
				for inspection, all documentation required for regularly salaried law
				enforcement officers and as set out in R.38-002.
2. Each agency shall certify to the Academy,
				using a form prescribed by the Council, that such documentation is on file in
				the agency.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 1 - CRIMINAL JUSTICE ACADEMY › Subarticle 1 - LAW ENFORCEMENT TRAINING › Section 38-011 - Traffic Radar Operator

Current through Register Vol. 48, No. 6, June 28, 2024
A.
				Qualification.
Only Class 1 certified law enforcement officers and appointed
				  reserve officers may be accredited as traffic radar operators.
B. Accreditation.
To be accredited as a traffic radar operator, a law
				  enforcement officer must complete a course of training taught by a certified
				  law enforcement traffic radar instructor.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 1 - CRIMINAL JUSTICE ACADEMY › Subarticle 1 - LAW ENFORCEMENT TRAINING › Section 38-012 - Application for Re-certification

Current through Register Vol. 48, No. 6, June 28, 2024
An application for re-certification must be submitted on a
				  form approved by the Council and is deemed complete when the form, with the
				  necessary information as set out in R.38-013,
				  is received by the Academy.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 1 - CRIMINAL JUSTICE ACADEMY › Subarticle 1 - LAW ENFORCEMENT TRAINING › Section 38-013 - Continuing Law Enforcement Education Requirements for Re-certification

Current through Register Vol. 48, No. 6, June 28, 2024
A. Eligibility.
No law enforcement officer is eligible for re-certification
				  unless, in addition to the requirements of R.38-012,
				  the officer has successfully completed, at a minimum, the number of approved
				  continuing law enforcement education hours as appropriate for the officer's
				  certification class, as specified in R.38-007.
				  Such education hours shall be designated as Continuing Law Enforcement
				  Education (CLEE) hours in the context of these regulations.
B. Class 1 Re-Certification Requirements:
1. Officers possessing a current Class 1-LE
				Certification shall be required to obtain forty CLEE hours in a three year
				period. The forty CLEE hours shall consist of at least one legal update course
				and one domestic violence course, presented or approved by the Academy, each
				year of the three year period. The remaining required CLEE hours in the three
				year period may come from any source approved by the Academy.
2. Officers possessing a current Class 1-LECO
				certification shall be required to complete the number of hours of in-service
				instruction per year as specified by the Jail Standards Committee and approved
				by the Academy. Each officer shall also be required to complete at least one
				legal update course and one domestic violence course, presented or approved by
				the Academy, each year of the three year period.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 1 - CRIMINAL JUSTICE ACADEMY › Subarticle 1 - LAW ENFORCEMENT TRAINING › Section 38-014 - Approval of Continuing Law Enforcement Education Hours for Re-certification Requirements

Current through Register Vol. 48, No. 6, June 28, 2024
A. The
				Academy shall approve courses for CLEE hours toward officer re-certification
				upon application made on a form approved by the Academy and containing the
				following information concerning the courses:
1. The name of the course sponsor and its
				address;
2. The course agenda
				showing the actual number of hours of instruction;
3. A listing of course faculty with
				educational and professional credentials for each faculty member;
4. A copy of the course written materials,
				including a lesson plan and any test instruments which will be used;
5. Any supporting material which the course
				offeror wishes to submit for the Academy's consideration.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 1 - CRIMINAL JUSTICE ACADEMY › Subarticle 1 - LAW ENFORCEMENT TRAINING › Section 38-015 - Extension of Certification Renewal Date

Current through Register Vol. 48, No. 6, June 28, 2024
A certified law enforcement officer who is unable to complete
				  the requirements of R.38-013
				  within the three year period specified will be granted an extension to his/her
				  renewal date in the following cases:
A. Military Leave.
Any officer called to active military duty for a period of
				  more than thirty consecutive days shall be granted an extension to his/her
				  renewal date, as specified in Section
				  23-23-60(C)
				  of the South Carolina Code of Laws, for the duration of the active duty, plus
				  ninety days.
B. Medical
				Disability or Administrative Leave.
1. Any
				officer who is on disability leave, medical leave, administrative leave as a
				result of an assault by an inmate, patient or client, or other administrative
				leave granted by the employing agency, with or without pay, for a period of
				more than thirty consecutive days, shall be granted an extension to his/her
				renewal date, as specified in Section
				23-23-60(C)
				of the South Carolina Code of Laws, for the duration of the leave, provided
				such extension does not exceed one year.
2. Any officer on medical leave, disability
				leave, administrative leave as a result of an assault by an inmate, patient or
				client, or other administrative leave granted by the employing agency, for a
				period of one year or more shall be treated under R.38-008(C)(3) or
				(4)(C)(38-008(C)(3) or (4)) or (38-008(C)(3)
				or (4)).