1 Del. Admin. Code § 801-19.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 801-19.0 - Procedures and Penalties for Non-Compliance

19.1 Police officers of the State or any county or municipality or University, which do not meet the requirements and the criteria as established by the Council shall not have the authority to enforce the laws of the State.

19.2 Per 11 Del.C. § 8404 (a), in all situations where the provisions of 11 Del.C. § 8404 (a)(4) or 11 Del.C. § 8410 (b) are to be applied to or invoked against any agency or individual, that agency or individual shall be entitled to a hearing in the manner prescribed herein:

19.2.1 The Administrator shall select 3 members of the Council to comprise a Board, which will hear evidence on the allegation (hereinafter "Board").

19.2.2 Upon conclusion of the hearing provided for in this Section, the Board shall submit its findings and recommendation to the full Council in writing for consideration and vote.

19.2.3 The ultimate findings of the Council shall be final, except that any ruling adverse to any party participating in the hearing may be appealed to the Superior Court within 15 business days of receipt of written notification of said finding. Absent an appeal, all findings of the Council shall become final upon expiration of said appeal deadline.

19.2.4 All hearings shall be conducted in accordance with the Administrative Procedures Act of the Delaware Code.

19.3 A police force of any county or municipality which does not meet the requirement and criteria established by the Council will be ineligible to apply for or receive state aid to local law enforcement funds (SALLE) and may, if in accordance with the guidelines, also be prohibited from receiving other grant funding through the state such as the Fund to Combat Violent Crime (FCVC) and the Emergency Illegal Drug Enforcement (EIDE) program funds.

19.4 The Chief or Head of any Law Enforcement Agency that is found to be in non-compliance with any of the established criteria of the COPT shall be required to appear before the COPT Board and provide explanation as to the reason for non-compliance and measures taken to become compliant.

19.5 Failure of any police officer to complete his/her annual COPT mandated in-service training shall be grounds for suspension of his/her certification until such training is completed. The Council may stay, extend, waive or modify such suspension when it is shown that the failure to comply with the requirements was not due to the intentional avoidance of the annual training requirements or upon a showing of hardship upon the employing law enforcement agency.

19.6 COPT is a State training and certifying body and is NOT owned by any specific agency, Town, City, or County. Therefore, COPT certification cannot be included in any separation agreements between certified law enforcement officers and their former or current employers, Courts, Department of Justice, Union Affiliates or other entities representing the law enforcement officers or said employers, or any other interested parties.

1 Del. Admin. Code § 801-19.0

22 DE Reg. 783 (3/1/2019)
23 DE Reg. 939 (5/1/2020)
24 DE Reg. 1012 (5/1/2021) (final)