Cal. Code Regs. tit. 11 § 1019
Pursuant to Penal Code section 13540, any person(s) desiring peace officer status or a change in peace officer designation or status shall request the Commission on POST to undertake a feasibility study regarding such change.
A written request for a feasibility study shall be made by the following:
The written request for the study shall include a statement that the person(s) or entity making the request acknowledges that a fee shall apply for conducting the study and will provide POST with the necessary information to conduct the study.
POST shall charge a fee to conduct the feasibility study based upon actual direct costs for completing the study and indirect costs determined in accordance with State Administrative Manual sections 8752 and 8752.1. Upon payment of the study fee by the requestor(s), the completed feasibility study and its recommendations shall be released to the requestor(s). A copy of that study and the recommendation by POST shall also be submitted to the Legislature.
The department head of the jurisdiction employing the person(s) requesting the feasibility study shall acknowledge the request in writing.
During the conduct of a study, written comments will be solicited from the employing jurisdiction's chief administrator, the concerned department head, and other interested parties.
The study shall commence after the mutual acceptance of a contract between the requesting person(s) or their representing entity and the Commission.
Any study recommendations in support of peace officer status or a change in peace officer designation or status shall be made in accordance with Penal Code section 13542 and shall minimally include the following:
The person or persons desiring the designation change shall be employed by a department with a supervisory structure that includes a chief law enforcement officer.
The employing department shall agree to comply with the training requirements set forth in Penal Code section 832.
The employing department shall be subject to the funding restriction set forth in Penal Code section 13526.
The person(s) desiring the change in peace officer designation or status shall be employed by a department currently participating in the POST program.
If the designation change is moving the person(s) into Penal Code section 830.1, the person(s) shall obtain the POST Basic Certificate as set forth in Penal Code section 832.4.
The study and its recommendations shall be issued to the requesting person(s) or entity within 18 months of the mutual acceptance of a contract between the requestor(s) and the Commission. A copy of the study and recommendations shall also be submitted to the Legislature via the Legislative Counsel.
The study and its recommendations shall be issued to the requesting person(s) or entity within 12 months of the mutual acceptance of a contract between the requestor(s) and the Commission, or as soon as possible thereafter if the Commission determines the need for an extension of the 12-month time period. A copy of the study and recommendations shall also be submitted to the Legislature via the Legislative Counsel.
If there is disagreement with the study recommendations, the person(s) or entity requesting the feasibility study, or the employing jurisdiction, may appeal in writing to the Commission.
Requests for appeals will be acknowledged in writing.
Initial appeals will be heard within four months after the date the request for appeal is received by the Commission and a decision on the appeal shall be rendered within six months of receipt of the appeal.
Cal. Code Regs. Tit. 11, § 1019
2. Change without regulatory effect amending subsections (b)(1)(A)-(B) filed 11-26-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 48).
3. Change without regulatory effect amending subsections (d) and (f)(3) filed 12-9-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 50).
Note: Authority cited: Sections 13503, 13506 and 13540, Penal Code. Reference: Sections 13540, 13541, 13542 and 13543, Penal Code.
2. Change without regulatory effect amending subsections (b)(1)(A)-(B) filed 11-26-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 48).
3. Change without regulatory effect amending subsections (d) and (f)(3) filed 12-9-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 50).