Section 13 AAC 85.100 - Determination of ineligibility and denial of certificates(a) The council may deny a basic certificate or find a police officer job applicant or training applicant ineligible for certification upon a finding that the applicant (1) falsified or omitted information required to be provided on the application for certification or on supporting documents; or(2) has been discharged, or resigned under threat of discharge, from employment as a police officer in this state or any other state or territory for inefficiency, incompetence, or some other reason that adversely affects the ability and fitness of the police officer to perform job duties or that is detrimental to the reputation, integrity, or discipline of the police department where the police officer worked.(b) The council will deny a basic certificate or find a police officer job applicant or training applicant ineligible for certification upon a finding that the applicant (1) has been convicted of a misdemeanor crime of domestic violence or, after hire as a police officer, has been convicted of any felony, or of a misdemeanor crime listed in 13 AAC 85.010(b)(2);(2) has, after hire as a police officer, (B) illegally used or possessed a Schedule IA, IlA, IIIA, IVA, or VA controlled substance, unless an immediate, pressing, or emergency medical circumstance existed to justify the use of a prescription Schedule IA, IIA, IIIA, IVA, or VA controlled substance not specifically prescribed to the person; or(C) illegally purchased, sold, cultivated, transported, manufactured, or distributed a controlled substance;(3) does not meet the standards in 13 AAC 85.010(a) or (b); or(4) has been discharged, or resigned under threat of discharge, from employment as a police officer in this state or any other state or territory for conduct that would cause a reasonable person to have substantial doubt about an individual's honesty, fairness, and respect for the rights of others and for the laws of this state and the United States or that is detrimental to the integrity of the police department where the police officer worked.(c) The executive director may act on an application for certification, consistent with standards and qualifications adopted by the council and consistent with AS 18.65. 130 - 18.65 .290. The executive director may deny an application, or find a police officer job applicant or training applicant ineligible for certification, if the applicant does not satisfy those requirements. An applicant aggrieved by the decision of the executive director may petition for review of that decision by the council. The council will review that decision under AS 44.62 (Administrative Procedure Act).(d) If a person has been denied a basic certificate under this section, or has been found ineligible for certification as police officer by the council, the person may petition the council for rescission of the denial after one year following the date of the denial. The petitioner must state in writing the reasons why the denial should be rescinded. A denial may be rescinded for the following reasons: (1) newly discovered evidence that by due diligence could not have been discovered before the effective date of the denial;(2) the denial was based on a mistake of fact or law, or on fraudulent evidence; or(3) conditions or circumstances have changed so that the basis for the denial no longer exists.(e) If a petition for rescission is based on one or more of the reasons set out in (d) of this section, a hearing on the petition for rescission will be held before a hearing officer or the council. Following the hearing, the council will decide whether to rescind the denial, and will state on the record at the hearing, or in writing, the reasons for the decision. If the denial is rescinded, the petitioner is eligible for hire by a participating police department, but must serve the full probationary period required under 13 AAC 85.040(b) (3) before reapplying for certification.(f) A personnel action or subsequent personnel action regarding a police officer by the police officer's employer, including a decision resulting from an appeal of the employer's action, does not preclude the council from denying the police officer's basic certificate under this section.(g) In this section, "discharged" includes a termination initiated by the police officer's employer because the officer does not meet the standards in 13 AAC 85.010(a) or (b).Eff. 8/10/80, Register 75; am 9/23/84, Register 91; am 8/8/90, Register 115; am 10/24/92, Register 124; am 9/6/96, Register 139; am 7/15/98, Register 147; am 8/8/2007, Register 183; am 9/24/2016, Register 219, October 2016; am 9/1/2017,Register 223, October 2017Authority:AS 18.65.220
AS 18.65.240
AS 18.65.270