La. Admin. Code tit. 22 § III-4731

Current through Register Vol. 50, No. 11, November 20, 2024

Section III-4731 - Revocation of Certification

A. All law enforcement agencies and correctional agencies and institutions within the state of Louisiana shall immediately report the conviction of any POST certified full time, reserve, or part-time or grandfathered peace officer to the council.

B. The P.O.S.T. certification of any qualified peace officer, whether employed full-time, part-time, or reserve, shall be revoked upon the occurrence of any of the following conditions:

1. a conviction of malfeasance in office;

2. a conviction of an offense which results in the individual peace officers restriction of his constitutional right to bear arms.

C. The P.O.S.T. council may conduct a revocation hearing to determine whether the certification of any qualified peace officer, whether employed full-time, part-time, or reserve, shall be revoked if the officer:

1. was involuntarily terminated by his employing law enforcement agency for disciplinary reasons involving civil rights violations and the officer had exhausted all administrative remedies.

2. was convicted of a misdemeanor involving domestic abuse battery as provided in R.S. 14:35.3 or a felony in any court in the U.S.

3. failed to complete additional training as required/prescribed by the council.

4. voluntarily surrenders his certification.

5. Has a judicial disposition in a criminal case that results in revocation.

D. Any hearings conducted by the council or appeal by an officer are conducted by rules and regulations established by the council.

1. An officer subject to a revocation hearing shall be duly notified at least 30 days in advance of the hearing by the council.

2. The council may take testimony and evidence during the hearing, and make findings of fact and conclusions of law.

3. The council shall forward its decision via certified U.S. mail to the peace officer and the officers employing agency.

E. Revocation hearings conducted by the P.O.S.T. can be conducted during a regularly scheduled meeting.

F. Any peace officer whose certification has been revoked may file an appeal to the decision under the provisions of the Administrative Procedure Act under R.S. 49:964

La. Admin. Code tit. 22, § III-4731

Promulgated by the Office of the Governor, Commission on Law Enforcement and Administration of Criminal Justice, LR 25:665 (April 1999), amended LR 34:1927 (September 2008), Amended LR 441008 (6/1/2018).

AUTHORITY NOTE: Promulgated in accordance with R.S. 15:1204 and R.S. 15:1207.