Md. Code Regs. 12.04.01.02

Current through Register Vol. 51, No. 12, June 14, 2024

Section 12.04.01.02 - General Requirements and Processing and Recording Employment Status

A. Completion of Application for Certification (AFC).

(1) An agency head shall complete an AFC for a police officer hired by a law enforcement agency in the State when applying for provisional certification or certification.

(2) An agency head is responsible for:

(a) Accurately completing the AFC; and

(b) Submitting the AFC to the Commission.

(3) An agency head shall:

(a) Sign the AFC, certifying that the Commission's selection standards have been met; and

(b) Include the:

(i) Date the applicant completed the certification requirements; and

(ii) Agency head's telephone number.

(4) False or misrepresented information on the AFC is a basis for rejection or revocation of certification by the Commission and may be the basis for separate administrative or legal action.

B. Filing the AFC.

(1) An agency head shall submit the AFC to the Commission if the agency head has, within 1 year before submitting the AFC:

(a) Completed or verified for the applicant each of the selection standards as required under Regulation .04 or .08 of this chapter; and

(b) Determined that the applicant meets each of the selection standards under Regulation .04 or .08 of this chapter.

(2) The Commission shall issue a provisional certification or certify the applicant as a police officer after receipt of the properly completed AFC indicating the completion of applicable Commission selection standards under Regulation .04 or .08 of this chapter.

(3) An applicant for certification as a police officer may not legally exercise the authority of a police officer until the applicant is issued a provisional certification or certification by the Commission.

C. Notification of Change of Employment or Certification Status.

(1) An agency head shall notify the Commission in writing whenever a police officer:

(a) Is separated from employment as a police officer, by death, retirement, dismissal, reclassification to a civilian position, or resignation;

(b) Becomes ineligible under federal or Maryland law to possess or use a handgun;

(c) Changes the police officer's legal name;

(d) Is promoted to first-line supervisor;

(e) Is promoted to first-line administrator; or

(f) Is placed on nonofficer status for more than 30 days when that status prevents the officer from meeting the Commission's training standards.

(2) An agency head shall report changes in a police officer's status under this section within 30 days of the change in a format or on a form approved by the Commission.

(3) An agency head shall include in the notification under §C(2) of this regulation:

(a) The certified police officer's name and Commission-assigned identification number;

(b) The date of the action;

(c) A statement indicating the change in status; and

(d) In the case of separation as a police officer, information indicating whether, at the time of the separation or placement on nonofficer status, the police officer was under:

(i) Criminal or administrative investigation;

(ii) Indictment;

(iii) Formal charges;

(iv) Suspension; or

(v) Other similar action.

(4) Criminal Charges.

(a) An agency head shall notify the Commission when a police officer is:

(i) Convicted of a felony;

(ii) Convicted of a misdemeanor punishable by imprisonment for 1 year or more; or

(iii) Separated from employment while criminal charges filed against the police officer were pending and any pending charge was a felony, or misdemeanor punishable by imprisonment for 1 year or more.

(b) An agency head shall include in the notification under §C(4)(a) of this regulation information concerning the conviction or allegations being reported.

(c) An agency head shall submit the notification under §C(4)(a) of this regulation to the Commission, on a form or in a format approved by the Commission, within 10 days of:

(i) The date the conviction for the criminal charges became known to the agency head; or

(ii) Separation from employment as a police officer.

(5) An agency head shall make the notification under §C(4)(a) of this regulation regardless of the outcome of administrative plea negotiation.

(6) Audit and Records.

(a) The Commission has the legal authority to audit records of selection standards and training provided according to this chapter.

(b) A law enforcement agency or academy shall retain records of an individual's training for a minimum of 3 years from the date the individual completed the training.

Md. Code Regs. 12.04.01.02

Regulation .02 amended effective January 1, 1982 (8:25 Md. R. 1996); December 31, 1984 (11:26 Md. R. 2279)
Regulation .02A amended effective November 22, 1982 (9:23 Md. R. 2260); May 5, 1986 (13:9 Md. R. 1031)
Regulation .02B, C amended effective February 20, 1981 (8:4 Md. R. 342)
Regulation .02D amended effective November 12, 1990 (17:22 Md. R. 2657)
Regulations .02 adopted effective August 25, 1997 (24:17 Md. R. 1215)
Regulations .02, .09, .12, and .18 amended as an emergency provision effective August 25, 1997 (24:19 Md. R. 1336); amended permanently effective February 9, 1998 (25:3 Md. R. 146)
Regulation .02B amended effective September 5, 2011 (38:18 Md. R. 1077)
Regulation .02C amended effective 40:23 Md. R. 1935, eff.11/25/2013