Statutes, codes, and regulations
California Code Of Regulations
Title 11 - LawDivision 2 - Commission on Peace Officer Standards and Training
Article 3 - Regulatory Procedures
Section 1058 - Appeals Process

Cal. Code Regs. tit. 11 § 1058

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Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 1058 - Appeals Process
(a) Any action to deny certification, or to suspend or decertify a course may be appealed to the Executive Director. The appeal and all relevant documentation the appellant believes supports the appeal, must be submitted in writing and received by the Executive Director within 45 calendar days of the Assistant Executive Director's notification of denial of certification, suspension, or decertification.

Within 45 calendar days of receiving the appeal, the Executive Director shall respond to the appellant in writing with a decision affirming, reversing or modifying the decision of the Assistant Executive Director, and provide the reasons for the decision.

(b) The Executive Director's decision may be appealed to the Commission. The appeal and all relevant documentation the appellant believes support the appeal, must be submitted in writing and received by POST within 45 calendar days of the date of the Executive Director's decision.

Appeals received at least 45 calendar days prior to the next scheduled Commission meeting will be heard at that meeting. Appeals received with less than 45 days remaining prior to the next scheduled Commission meeting will be heard at a subsequent meeting. The Commission shall notify the appellant of the date, time, and location of the hearing within 10 calendar days of the receipt of the appeal by the Commission.

At an appeal hearing, the burden of proof is on the appellant to demonstrate to the Commission that error was committed by POST staff in its decision (refer to Commission Procedure D-16 for Commission Appeals Process).

The Executive Director shall notify the appellant in writing of the Commission's decision within 15 calendar days following the conclusion of the hearing.

Cal. Code Regs. Tit. 11, § 1058

1. New section filed 8-8-91; operative 9-9-91 (Register 91, No. 50).
2. Amendment filed 10-15-2007; operative 11-14-2007 (Register 2007, No. 42).
3. Amendment filed 8-28-2014; operative 10-1-2014 (Register 2014, No. 35).
4. Change without regulatory effect amending section filed 12-9-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 50).
5. Change without regulatory effect amending subsection (b) filed 6-9-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 24).
6. Amendment of penultimate paragraph of subsection (b) filed 12-31-2020; operative 4-1-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 1). (Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.)
7. Amendment of subsection (b) filed 10-15-2021; operative 1-1-2022 (Register 2021, No. 42). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.

Note: Authority cited: Sections 13503 and 13506, Penal Code. Reference: Section 13503(c), Penal Code.

1. New section filed 8-8-91; operative 9-9-91 (Register 91, No. 50).
2. Amendment filed 10-15-2007; operative 11-14-2007 (Register 2007, No. 42).
3. Amendment filed 8-28-2014; operative 10/1/2014 (Register 2014, No. 35).
4. Change without regulatory effect amending section filed 12-9-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 50).
5. Change without regulatory effect amending subsection (b) filed 6-9-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 24).
6. Amendment of penultimate paragraph of subsection (b) filed 12-31-2020; operative 4/1/2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 1). (Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.)
7. Amendment of subsection (b) filed 10-15-2021; operative 1/1/2022 (Register 2021, No. 42). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.