La. Admin. Code tit. 55 § I-1303

Current through Register Vol. 50, No. 9, September 20, 2024

Section I-1303 - Issuance of Special Officer's Commission

A. Purpose. The purpose of this regulation is to set forth the policies and procedures applicable to the issuance of special officer's commission to persons showing need for such commissions as required in accordance with the provisions of title 40, section 1379.1 of the Louisiana Revised Statutes.

B. Applicability. The policies and procedures provided herein shall be applicable to all officers, agents, and employees of agencies, boards and commissions of the state of Louisiana; of local government subdivisions; of private institutions or others who display a need for statewide police power and power to arrest, are bonded and meet other restrictions as required.

C. Duties and Responsibilities. Authorized persons commissioned as special officers shall have the direct authority to perform those activities specified on the special officer's commission card. However, when the holder of a special officer's commission is not performing those tasks specified on the commission card, he shall be regarded as a private citizen and his commission shall not be in effect.

D. Application. The superintendent of state police shall be authorized to issue, at his discretion, a special officer's commission from the Office of State Police. All requirements of the superintendent of state police relating to application shall be satisfied. Applications shall be submitted in the manner prescribed by the superintendent of state police and will include the submission of such documents and materials establishing eligibility as the superintendent may deem necessary.

E. Suspension/Revocation. The superintendent of state police may revoke or suspend special officer's commission when conditions and/or circumstances are such that the holder of a special commission can no longer show need or when the holder commits acts contrary to law or to the jurisdictional stipulations of the commission or through his action(s) or lack of action(s) brings discredit upon the state of Louisiana, its departments, agencies or commissions or its political subdivisions. Persons holding special officer's commissions are subject to the same statutory responsibilities and liabilities as are all other local and state law enforcement officers.

F. Termination. Special officer commissions will automatically expire one year from the date of issue or as otherwise provided by law.

G. Qualifications and Requirements. The following requirements shall be met before a special officer's commission will be issued. All applicants:

1. shall submit a letter which details the need for statewide police power and the power to arrest. If the applicant is employed and the nature of the employment is the basis for need of a special officer's commission, then, in addition to his letter, a detailed letter from the employer stating the need is necessary;

2. shall complete a detailed application and submit application along with the following documents:

a. complete fingerprint file which has been prepared by a law enforcement agency;

b. copy of birth certificate;

3. shall have completed the minimum hours of basic law enforcement training in accordance with the Council on Peace Officer Standards and Training, or possess related experience or ability equal to such training;

4. submit to and pass a comprehensive background investigation, said investigation to be conducted by the Louisiana State Police;

5. show proof of faithful service bond in the minimum amount of $10,000; and

6. if the applicant has an arrest record, he shall present a notarized statement from the clerk of court or the district attorney of the parish in which the arrests were made which specifies the disposition on all charges.

La. Admin. Code tit. 55, § I-1303

Promulgated by the Department of Public Safety, Office of State Police, LR 1:496 (November 1975), amended by the Department of Public Safety and Corrections, Office of State Police, LR 22:845 (September 1996), LR 38:1280 (May 2012), Amended by the Department of Public Safety and Corrections, Office of State Police, LR 43671 (4/1/2017).

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:1379.1, 40:1379.3, 40:1381, and 40:1382.