Cal. Code Regs. tit. 11 § 1080

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 1080 - PC 832, Arrest and Firearms Course Requalification

(a) PC 832 Arrest and Firearms Course Requalification Requirement and Exemptions

(1) Three-Year Rule

Requalification of PC 832 is required before exercising peace officer powers when:

(A) An individual does not become employed as a peace officer within three years of successfully completing PC 832 training, or

(B) An individual, subsequent to completing PC 832 training, has a three-year-or-longer break in service as a peace officer.

Only service in a peace officer position for which PC832 training is required by law maintains the currency of an individual's PC832 certification. The three-year period begins on the date the course was completed, or the individual's last date of service in the peace officer position.

(2) Exemptions to the Three-Year Rule

An individual who meets any of the following criteria listed below, as specified in Penal Code section 832(e)(2), is exempt from the PC 832 Course Requalification Requirement [refer to subsection 1080(a)] :

(A) Is returning to a management level law enforcement position at the second level of supervisor or higher.

(B) Has successfully completed Basic Course Requalification as provided for in Commission Regulation 1008.

(C) Has maintained proficiency by teaching the PC 832 Arrest and Firearms Course described in Commission Procedure D-1.

1. Under this provision an individual may seek exemption for either Arrest Procedures module or Firearms module, or both modules.

2. For the purpose of granting an exemption on the basis of teaching experience, "maintained proficiency" shall be defined as having taught the entire module(s) for which an exemption is being sought. Additionally, exemptions shall be granted only for recent teaching experience that was gained within three years of the exemption request.

(D) Has been employed continuously, with no more than a 60-day break in service between law enforcement employers, in another state or with a federal agency as a peace officer.

(E) Has previously met the PC 832 training requirement, has been appointed as a peace officer under Penal Code section 830.1(c), and has been continuously employed as a custodial officer, as defined in Penal Code sections 831 or 831.5, by the agency making the peace officer appointment since completing PC 832 training.

(3) Documentation of Exemption:

Written documentation determined by the department head as satisfying any of the exemptions listed in subsection 1080(a)(2)(A)-(D) above shall be retained by the employing agency for at least the duration of the individual's employment with the department. This retention period is recommended so that the employing agency can provide supporting documentation of the exemption, if it is requested during a POST inspection.

(b) Requalification Options

Requalification may be accomplished by one of two methods as follows:

(1) Repeating and successfully completing PC 832 training as a separately certified course or completing a larger POST-certified course which includes PC 832 training (i.e., the Regular Basic Course, Module III, Specialized Investigators' Basic Course, Basic Course Requalification Course) [for eligibility refer to Commission Regulation 1008(b)], or

(2) Demonstrating continued mastery of PC 832 training material by passing the tests enumerated in Commission Procedure D-1. This can be accomplished through the completion of the PC 832 Requalification Testing Process [for eligibility refer to subsection 1080(c)] .

(c) Eligibility for PC 832 Requalification Testing Process

Only individuals who have previously completed POST-certified PC 832 training, as a separately certified course or within a larger POST-certified course as specified in subsection 1080(b)(1), are eligible to participate in the PC 832 Requalification Testing Process.

(1) Individuals seeking to be tested shall receive written notification from the presenter regarding eligibility to be tested within 30 days of receipt by the presenter of all documentation required in subsection 1080(d)(1)(A)-(C).

(2) Individuals receiving notification that they are ineligible to be tested shall be given an explanation for ineligibility. An individual may submit a new request with the additional documentation, which will be processed according to subsection 1080(d)(1). POST shall have final approval or disapproval of the eligibility of any individual seeking admission to any part of the testing process. All applicable testing fees will be returned, with the notification, to those individuals who are determined, either by the presenter or by POST, to be ineligible for testing.

(d) PC 832 Requalification Testing Process

(1) Application

An individual seeking to requalify PC 832 training through the testing process shall submit a written request to a POST-approved PC 832 Requalification Testing presenter that includes:

(A) The individual's full name, mailing address, daytime phone number, and social security/POST identification number;

(B) A copy of the individual's POST Profile or other verifiable documentation showing prior successful completion of a PC 832 Course. This documentation shall include the individual's name, the name of the presenting institution, the number of hours completed, and the ending date of the training;

(C) A certified check or money order payable to the presenter (refer to subsection 1080(d)(2) for fees);

(D) A criminal history clearance from the Department of Justice.*

*All requests to test for the firearms component from applicants who are not sponsored by a local or other law enforcement agency, or who are not peace officers employed by a state or local agency, department or district, shall include a criminal history clearance in compliance with PC 13511.5 prior to admission to firearms testings. No firearms testing shall be administered to any applicant prior to receipt of the Department of Justice criminal history clearance form.

(2) Testing Fees

POST-approved PC 832 Requalification Testing presenters are authorized to charge fees for the administration of the POST-Constructed Comprehensive PC 832 Test, the PC 832 Arrest and Control Exercise Test, and the PC 832 Firearms Exercise Test. In addition to the initial testing fees, the presenter may charge fees for retesting. Failure to appear for requalification testing or retesting may result in forfeiture of those fee(s). Fees may vary by presenter. Fees shall not exceed actual test administration costs and are subject to POST audit.

(3) Requirements for Administering the Requalification Tests

Only POST-approved/authorized course presenters who have received training in the administration of the Requalification Tests and who agree to abide by the terms of a formal POST Test Use and Security Agreement shall administer and score the tests. All tests shall be administered and scored in accordance with the specified procedures listed below using POST minimum passing scores.

(A) All requalification applicants shall be tested at a POST-approved location within 90 days of notification of eligibility to take the requalification tests.

(B) At least 30 days in advance of testing, eligible requalification applicants shall be notified as to the specific date, time, and location of testing.

(C) Individuals desiring to be tested after failure to appear for a scheduled requalification test must reestablish eligibility to be tested by completing the requirements described in subsection 1080(d)(1)(A)-(D).

(D) All test results shall be mailed to POST by the test administrator, postmarked within five working days of the date of testing.

(E) The presenter shall notify all individuals in writing as to test results, postmarked within five working days of requalification test completion. The presenter shall also issue a completion certificate within five working days showing that the individual successfully completed PC 832 Requalification Testing Process.

(F) The presenter shall maintain, as a matter of record, all documents submitted by an individual who participates in the PC 832 Requalification Testing Process.

(4) Requalification Retesting

One requalification retest shall be permitted for any initial test failed, contingent upon advance payment of applicable testing fees [refer to subsection 1080(d)(2)] . Such retesting must occur within 90 days of the initial requalification test. For firearms and arrest and control exercise tests, individuals will have the option of either retesting immediately or within 90 days.

(A) Individuals who fail to achieve a passing score on the requalification retest, or who fail to appear for requalification retesting, shall be required to successfully complete the appropriate PC 832 training (i.e., Arrest, Firearms, or both) in order to meet the PC 832 Course requalification requirements of Penal Code section 832(e)(1).

Cal. Code Regs. Tit. 11, § 1080

1. New section filed 4-26-90; operative 5-26-90 (Register 90, No. 21).
2. Amendment of subsections (a), (a)(1)(A) and (a)(1)(C)-(D) filed 12-23-91; operative 7-1-92 (Register 92, No. 19).
3. New subsection (a)(1)(E) filed 5-18-93; operative 6-17-93 (Register 93, No. 21).
4. Amendment of section heading and subsection (a)(1)(A) and new subsections (b)-(b)(2)(B) filed 9-9-93; operative 10-11-93 (Register 93, No. 37).
5. Amendment of subsection (a)(1)(C), repealer of subsection (a)(1)(D) and subsection redesignation, amendment of subsections (a)(2)-(3), new subsection (b)(1)(C)4 and amendment of subsection (b)(1)(D) filed 11-14-94; operative 12-14-94 (Register 94, No. 46).
6. Editorial correction of subsections (b)(1)(B)1, (b)(1)(C), (b)(1)(C)2 and (b)(2)(B) (Register 94, No. 46).
7. Amendment of section heading and section filed 3-7-2000; operative 4-6-2000 (Register 2000, No. 10).
8. Amendment of section heading and section filed 1-22-2001; operative 2-21-2001 (Register 2001, No. 4).
9. Amendment of section heading and section filed 8-21-2003; operative 1-1-2004 (Register 2003, No. 34).
10. New subsection (a)(2)(E) and amendment of subsections (d)(2), (d)(4), (d)(4)(A) and NOTE filed 1-26-2005; operative 3-1-2005 (Register 2005, No. 4).
11. Amendment of subsection (b)(1) filed 1-19-2007; operative 1-19-2007 pursuant to Government Code section 11343.4(c) (Register 2007, No. 3).
12. Amendment of subsections (b)(1) and (d)(1)(A) filed 6-17-2008; operative 7-1-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 25).
13. Amendment of footnote to subsection (d)(1)(D) filed 12-29-2010; operative 1-1-2011 pursuant to Government Code section 11343.4 (Register 2010, No. 53).
14. Change without regulatory effect amending section filed 11-26-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 48).
15. Change without regulatory effect amending section filed 12-9-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 50).
16. Amendment of subsections (b)(2), (c), (c)(2)-(d)(1), (d)(1)(B) and (d)(2)-(d)(4)(A) filed 1-27-2017; operative 2-15-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 4).
17. Amendment of subsections (a)(2)(B)-(C), (b)(1)-(2) and (d)(3)(C) 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 832(f), 13503 and 13506, Penal Code. Reference: Sections 832(e)-(g), Penal Code.

1. New section filed 4-26-90; operative 5-26-90 (Register 90, No. 21).
2. Amendment of subsections (a), (a)(1)(A) and (a)(1)(C)-(D) filed 12-23-91; operative 7-1-92 (Register 92, No. 19).
3. New subsection (a)(1)(E) filed 5-18-93; operative 6-17-93 (Register 93, No. 21).
4. Amendment of section heading and subsection (a)(1)(A) and new subsections (b)-(b)(2)(B) filed 9-9-93; operative 10-11-93 (Register 93, No. 37).
5. Amendment of subsection (a)(1)(C), repealer of subsection (a)(1)(D) and subsection redesignation, amendment of subsections (a)(2)-(3), new subsection (b)(1)(C)4 and amendment of subsection (b)(1)(D) filed 11-14-94; operative 12-14-94 (Register 94, No. 46).
6. Editorial correction of subsections (b)(1)(B)1, (b)(1)(C), (b)(1)(C)2 and (b)(2)(B) (Register 94, No. 46).
7. Amendment of section heading and section filed 3-7-2000; operative 4-6-2000 (Register 2000, No. 10).
8. Amendment of section heading and section filed 1-22-2001; operative 2-21-2001 (Register 2001, No. 4).
9. Amendment of section heading and section filed 8-21-2003; operative 1-1-2004 (Register 2003, No. 34).
10. New subsection (a)(2)(E) and amendment of subsections (d)(2), (d)(4), (d)(4)(A) and Note filed 1-26-2005; operative 3-1-2005 (Register 2005, No. 4).
11. Amendment of subsection (b)(1) filed 1-19-2007; operative 1-19-2007 pursuant to Government Code section 11343.4(c) (Register 2007, No. 3).
12. Amendment of subsections (b)(1) and (d)(1)(A) filed 6-17-2008; operative 7-1-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 25).
13. Amendment of footnote to subsection (d)(1)(D) filed 12-29-2010; operative 1-1-2011 pursuant to Government Code section 11343.4 (Register 2010, No. 53).
14. Change without regulatory effect amending section filed 11-26-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 48).
15. Change without regulatory effect amending section filed 12-9-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 50).
16. Amendment of subsections (b)(2), (c), (c)(2)-(d)(1), (d)(1)(B) and (d)(2)-(d)(4)(A) filed 1-27-2017; operative 2/15/2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 4).
17. Amendment of subsections (a)(2)(B)-(C), (b)(1)-(2) and (d)(3)(C) 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.