1 Del. Admin. Code § 801-8.0

Current through Register Vol. 28, No. 5, November 1, 2024
Section 801-8.0 - Re-activation Requirements of Police Officers
8.1 Inactive Status
8.1.1 Whenever a police officer required to be certified by the Council on Police Training retires, resigns, or otherwise voluntarily or involuntarily leaves his or her employing law enforcement agency, the chief of the employing agency shall advise the Administrator of the separation in writing within five business days of the separation and identify the circumstances of the separation. This written notification is to be made utilizing the COPT approved form.
8.1.2 Upon receiving notice of a police officer's separation from law enforcement employment, the Administrator shall place that individual on inactive status. Once placed on inactive status, he or she is not authorized to exercise the powers of a police officer until such time as he or she meets the requirements for re-activation.
8.1.3 The Administrator may re-activate the individual's certification upon written application from the individual that he or she has accepted another full-time police position with a law enforcement agency whose training is regulated by the COPT and provided that the individual is not the subject of a decertification proceeding pursuant to 11 Del.C. § 8404 (4) and the individual meets all other criteria for re-activation which the Council has adopted in subsection 8.2 of this regulation.
8.2 Re-activation Requirements
8.2.1 If not employed on a permanent basis for a period of less than 12 months, an individual must complete all in-service requirements mandated by the Council pursuant to 11 Del.C. § 8404 (a)(5) prior to recommencing employment.
8.2.2 If not employed on a permanent basis for a period of greater than 12 months but less than 36 months, an individual must undergo the following:
8.2.2.1 Medical background including:
8.2.2.1.1 Medical history / physical examination form;
8.2.2.1.2 Physicians affidavit;
8.2.2.1.3 Weight chart;
8.2.2.1.4 Substance abuse screen;
8.2.2.1.5 Eye exam; and
8.2.2.1.6 Hearing test.
8.2.2.2 The results of a validated psychiatric / psychological test and interview, indicating competency to perform law enforcement duties.
8.2.2.3 Current criminal history record check, including fingerprints obtained from the State Bureau of Investigations.
8.2.2.4 Background investigation. Standardized form (IV-14) which consists of a minimum checklist.
8.2.2.5 All training requirements prescribed by the Council, including, but not limited to First Responder and Firearms recertification.
8.2.2.6 Firearms training.
8.2.3 If not employed on a permanent basis for a period of greater than 36 months but less than 60 months, an individual must undergo the following:
8.2.3.1 Medical background including:
8.2.3.1.1 Medical history / physical examination form;
8.2.3.1.2 Physicians affidavit;
8.2.3.1.3 Weight chart;
8.2.3.1.4 Substance abuse screen;
8.2.3.1.5 Eye exam; and
8.2.3.1.6 Hearing test.
8.2.3.2 The results of a validated psychiatric / psychological test and interview, indicating competency to perform law enforcement duties.
8.2.3.3 Current criminal history record check, including fingerprints obtained from the State Bureau of Investigation.
8.2.3.4 Background investigation. Standardized form (IV-14) which consists of a minimum checklist.
8.2.3.5 First Responder recertification.
8.2.3.6 Complete a Firearms basic certification course.
8.2.3.7 Complete an academy basic criminal procedures, criminal law and traffic law course.
8.2.3.8 Complete any other academic requirement imposed by the Administrator.
8.2.4 If not employed on a permanent basis for a period of greater than 60 months, an individual must satisfy all requirements imposed by the Administrator following a review of the individual's training history and after approval by the Council.

1 Del. Admin. Code § 801-8.0

11 DE Reg. 180 (08/01/07)
13 DE Reg. 840 (12/01/09)
22 DE Reg. 783 (3/1/2019)
23 DE Reg. 939 (5/1/2020)
24 DE Reg. 1012 (5/1/2021) (final)