Md. Code Regs. 12.04.01.03

Current through Register Vol. 51, No. 8, April 19, 2024

Section 12.04.01.03 - Provisional Certification

A. The Commission may grant an applicant a provisional certification after the applicant meets applicable selection standards under Regulation .04 of this chapter.

B. An applicant for certification as a police officer may not:

(1) Exercise the authority of a police officer to enforce the criminal laws of Maryland unless the Commission has issued the individual a provisional certification or certification; and

(2) Carry or use a firearm unless the individual has successfully completed firearms training and qualification requirements under Regulation .09H of this chapter and COMAR 12.04.02.

C. An individual who is granted a provisional certification may not exercise the authority of a police officer beyond the period that the provisional certification is valid, unless the individual is granted certification as a police officer.

D. Provisional certification is valid until:

(1) 365 cumulative days have elapsed from the initial date of provisional certification;

(2) It is determined that applicable selection standards have not been met;

(3) The officer is certified as a police officer;

(4) The police officer's employment is terminated; or

(5) The Commission recalls the provisional certification under Public Safety Article, § 3-213, Annotated Code of Maryland.

E. A provisional certification under this regulation may be issued to an individual who was formerly certified as a police officer who:

(1) Has not been employed as a police officer with a law enforcement agency for over 3 years; and

(2) Meets the applicable selection standards under Regulation .04 of this chapter.

F. Probationary Period.

(1) After an individual has met selection standards under Regulation .04 of this chapter and received a provisional certification, the Commission shall grant a probationary period of up to 365 days to the police officer to perform law enforcement duties while awaiting the opportunity to obtain the required training under this chapter.

(2) The probationary period begins on the day that a police officer receives provisional certification from the Commission.

(3) The 365-day period is cumulative and may not be increased by multiple employments at different law enforcement agencies or periodic employment with the same law enforcement agency.

(4) If a police officer transfers as a new employee from one law enforcement agency to another before successfully completing the required entrance-level training, the probationary period continues from the date of the first provisional appointment, minus any time not employed as a police officer for a law enforcement agency.

Md. Code Regs. 12.04.01.03

Regulation .03A amended effective April 7, 1978 (5:7 Md. R. 523)
Regulation .03 amended effective November 22, 1982 (9:23 Md. R. 2260); May 5, 1986 (13:9 Md. R. 1031)
Regulations .03 adopted effective August 25, 1997 (24:17 Md. R. 1215)
Regulations .03, .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 .03C amended effective 40:23 Md. R. 1935, eff.11/25/2013