Md. Code Regs. 12.10.01.07

Current through Register Vol. 51, No. 10, May 17, 2024

Section 12.10.01.07 - Recertification Requirements

A. The Commission may recertify an applicant in a mandated position if the applicant was previously certified in the same mandated position when:

(1) Hired by a second or successive correctional unit in the same mandated position within 3 years of termination from the previous correctional unit;

(2) The Commission receives a completed AFC for the individual; and

(3) The applicant meets applicable Commission-required:

(a) Recertification standards for the mandated position under Regulation .08 of this chapter; and

(b) Applicable training standards under §C or D of this regulation for the mandated position.

B. Recertification. The Commission may grant a provisional certification to an applicant who has received a previous provisional certification to a mandated position but was not certified by the Commission in that mandated position after the applicant met the recertification standards for the mandated position under Regulation .08 of this chapter.

C. Recertification to a Mandated Position Within 3 Years of Separation.

(1) The Commission may recertify an applicant previously certified by the Commission in a mandated position without requiring the applicant to meet Commission entrance-level training requirements under Regulation .09 of this chapter if the applicant:

(a) Has been separated from a correctional unit for less than 3 years;

(b) Receives a provisional certification at a new or the same correctional unit in the same mandated position;

(c) Meets Commission recertification standards under Regulation .08 of this chapter; and

(d) Meets Commission training requirements under §C(2) of this regulation.

(2) Training Requirements for Mandated Employee Recertification.

(a) In-Service Training.

(i) If an applicant has met the in-service training requirements for the current or previous calendar year, additional in-service training is not required for recertification in the same mandated position.

(ii) If an applicant has not met the in-service training requirements for the current or previous calendar year, the applicant shall successfully complete in-service training required under Regulation .16 of this chapter for the mandated position before recertification.

(b) Firearms Training and Qualification - Recertification Requirements.

(i) A mandated employee required to carry or use a firearm shall complete firearms training and qualification requirements under Regulation .16 of this chapter with each firearm that the individual is authorized to carry or use before the individual is permitted to carry or use the firearm.

(ii) An applicant is required to meet firearms training and qualification requirements under Regulation .16 of this chapter before recertification regardless of firearms training and qualifications completed at a previous correctional unit.

D. Recertification to a Mandated position After 3 Years of Separation.

(1) The Commission may recertify an applicant in a mandated position who has been separated from employment at a correctional unit in a mandated position for 3 years or more and the applicant is reemployed at the same or a new correctional unit after the applicant:

(a) Meets Commission recertification standards under Regulation .08 of this chapter; and

(b) Successfully completes:

(i) Entrance-level training under Regulation .09 of this chapter for the mandated position; and

(ii) If the applicant is required to carry or use a firearm, entrance-level firearms training and qualification for each firearm the applicant is required to carry or use according to requirements under COMAR 12.10.04.

(2) The Commission may grant an applicant under this regulation a new provisional certification under Regulation .03 of this chapter to provide an opportunity to complete the required training.

Md. Code Regs. 12.10.01.07

Regulation .07A amended effective August 8, 1988 (15:16 Md. R. 1916); August 20, 1990 (17:16 Md. R. 1992)
Regulation .07 amended effective July 13, 1986 (13:14 Md. R. 1634)
Regulations .07 adopted effective October 20, 1997 (24:21 Md. R. 1451)
Regulation .07C amended effective July 1, 2000 (27:10 Md. R. 967)