La. Admin. Code tit. 76 § I-307

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

Section I-307 - Reserve Enforcement Agents

A. General

1.R.S. 56:69.9 provides for the commissioning of retired wildlife enforcement agents as reserve enforcement agents in order to supplement the Department of Wildlife and Fisheries law enforcement program. Reserve agents bring with them experience and skills not normally found in entry-level, full time agents. Reserve agents may be assigned to law enforcement related functions, community service functions and may also be used as a resource in emergencies and large-scale special events.

2. Reserve agents may be called upon to perform the same duties and accept the same hazards and responsibilities as full-time wildlife enforcement agents. Educational level, experience, physical condition, and other selection criteria applicable to full-time agents apply equally to reserve agents.

3. Only retired wildlife enforcement agents who retired under the provisions of R.S. 11:582 shall qualify to become reserve wildlife enforcement agents. Eligibility for initial application shall be from the official date of retirement. There shall be no more than 50 active commissioned reserve agents. The chief of the enforcement division may make recommendations to the secretary of the department concerning commissioning of reserve agents. The secretary of the department may commission qualified reserve agents and shall have authority to revoke reserve agent commissions at any time. No commission shall be issued for a period greater than one year but may be renewed annually upon satisfactory completion of training requirement as provided by R.S. 56:69.7 and policy and procedure.

B. Work Performance and Training Requirements

1. Commissioned reserve agents shall have the powers of and may function as a wildlife enforcement agent when under the direct supervision of a full time employed wildlife enforcement agent. Commissioned reserve agents are prohibited from taking enforcement action unless under the direct supervision of, and accompanied by, a wildlife enforcement agent. This prohibition shall not preclude reserve agents from performing activities such as surveillance, hunter/boater education training, and public outreach when unaccompanied by a wildlife agent, as long as all activities are under the direction of a wildlife enforcement agent. Reserve agents shall serve at the direction of the regional or section supervisor and may be assigned monthly in accordance with desired needs.

2. Reserve agents are limited in their enforcement authority and may not directly issue citations or make arrests, but can only assist wildlife agents in these duties. Reserve agents may serve as witnesses in any court proceeding relevant to their role as a commissioned reserve agent.

3. The provisions of Chapter 10 of Title 23 of the Louisiana Revised Statutes of 1950, pertaining to worker's compensation, shall not apply to reserve agents. A reserve agent will be required to sign a statement attesting that he has read and understands these rules and the conditions of his being commissioned as a reserve agent. He shall also provide evidence of insurance coverage for personal health and accident insurance. The department shall provide comprehensive general liability insurance, including personal injury coverage for third parties.

4. Serving as a reserve agent is a purely voluntary undertaking and no person commissioned under these provisions shall receive any compensation whatsoever for time or expenses incurred while in training or while in the performance of his/her duties as a reserve agent. The department may provide each reserve agent with a uniform; however such uniform shall identify the reserve agent as being reserve.

5. Reserve enforcement agents shall be required to maintain refresher training annually on fish and wildlife law, regulations, and rules, POST firearms re-qualification, use of force and any other statutorily required training for full time law enforcement officers performing like functions. The enforcement division may provide such training for reserve enforcement agents. Qualifying standards shall be identical to those of regular officers.

6. Reserve enforcement agents shall be required to comply with all provisions of Title 56 and other state and federal law as applicable.

C. Cases for Revocation of Commissions

1. Cases for revocation of reserve commissions shall include but shall not be limited to situations where:

a. the reserve agent is convicted of a felony, a misdemeanor, or any wildlife or fishery violation;

b. the reserve agent fails to perform as required by his supervising wildlife agent;

c. the reserve agent receives an unfavorable recommendation from his supervisor;

d. the reserve agent fails to maintain the minimum insurance coverage as provided in R.S. 56:69.12. It shall be the responsibility of the reserve agent to provide proof annually of personal health and injury insurance. The chief of enforcement shall maintain copies of such insurance in each reserve agent's file. Insurance information shall be forwarded to the department's human resources section;

e. the reserve agent fails to comply with any other rule or requirement the secretary or chief of enforcement may require;

f. a reserve agent violates departmental or enforcement division policy;

g. a reserve agent engages in misconduct or insubordination.

2. It shall be the responsibility of the regional captain or section supervisor to monitor and maintain records on all reserve enforcement agents assigned to perform duties within their respective jurisdictions, insure compliance with policies and procedures and report through the chain of command of any violations thereof.

3. The chief of enforcement shall also maintain a file on all active reserve agents, which shall include documentation required to maintain active status as a reserve agent.

La. Admin. Code tit. 76, § I-307

Promulgated by the Department of Wildlife and Fisheries, Office of Secretary, LR 32:646 (April 2006).

AUTHORITY NOTE: Promulgated in accordance with R.S. 56:69.13.