Md. Code Regs. 12.04.01.06

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

Section 12.04.01.06 - Police Officer Certification

A. Certification Requirements.

(1) The Commission shall certify an individual as a police officer who:

(a) Meets all selection standards under Regulation .04 of this chapter;

(b) Completes the applicable training under Regulation .09 of this chapter; and

(c) Completes a field training program under Regulation .17 of this chapter.

(2) Recertification. The Commission shall recertify an individual formerly certified as a police officer in Maryland who meets:

(a) Applicable training standards under Regulation .07 of this chapter; and

(b) Selection standards under Regulation .08 of this chapter.

(3) A certified police officer who fails to obtain United States citizenship as set forth in Regulation .04 of this chapter within 3 years shall be reviewed by the Commission.

B. Certification Period. The Commission shall certify an individual who meets the Commission's selection and training standards as a police officer for an initial period based on a schedule determined by the Commission.

C. Renewal of Certification.

(1) The Commission shall automatically renew a police officer's certification, without application, on or before the expiration of the certification, if the police officer:

(a) Remains employed with the same law enforcement agency;

(b) Continues to meet the Commission's selection and training standards for a police officer; and

(c) Has not had the certification suspended, revoked, or recalled by the Commission.

(2) Once the initial period of certification is established, subsequent renewal of a police officer's certification shall be based on a schedule determined by the Commission.

(3) If a police officer's certification is to expire because the police officer did not meet Commission training standards, at least 30 days before the certification expires, the Commission shall notify the police officer's agency head of the pending expiration.

(4) An agency head receiving notification under §C(3) of this regulation is responsible for notifying the police officer within a reasonable amount of time of the pending expiration.

(5) If a police officer's certification expires, is revoked, or is terminated, the police officer's agency head shall ensure that the individual does not perform the law enforcement duties of a police officer.

D. Certification Card.

(1) The Commission shall issue a certification card:

(a) To a police officer who has met all Commission certification requirements under this chapter; and

(b) That contains information in a form determined by the Commission.

(2) Issuing a certification card to a police officer indicates the police officer's authority to enforce the criminal laws of Maryland.

(3) Replacement of and costs for replacing a previously issued, current certification card is the responsibility of the law enforcement agency.

(4) Unless determined to be inappropriate by the agency head due to operational assignment, such as covert operations, a police officer shall carry the certification card at all times while the police officer is on duty status.

(5) A certification card issued by the Commission expires at midnight on the date printed on the card or upon termination of employment as a police officer.

E. Request for Training Information.

(1) Before a police officer's certification expires, the Commission shall require the police officer's agency head to verify the police officer's training.

(2) An agency head shall provide the Commission with the training records requested under §E(1) of this regulation before the Commission issues a new certification card for the police officer.

F. Return of Certification Card.

(1) An agency head shall return a certification card issued under this chapter to the Commission within 30 working days of the date when a:

(a) Police officer separates from employment; or

(b) Police officer's certification is suspended, revoked, or recalled by the Commission under this chapter or Public Safety Article, §§ 3-212 -3-213, Annotated Code of Maryland.

(2) An agency head shall retain the certification card of a police officer on nonofficer status until the police officer returns to active duty or is separated from employment.

G. Multiple Certification.

(1) An individual may be employed as a police officer by more than one law enforcement agency at the same time.

(2) For each law enforcement agency at which an individual is employed as a police officer, the individual shall:

(a) Meet applicable Commission-required selection and training standards for certification;

(b) Be certified at each law enforcement agency; and

(c) Be issued a certification card by the Commission for each law enforcement agency.

(3) An agency head hiring a currently certified police officer:

(a) May use some of the results of the background investigation performed by the initial employing law enforcement agency; and

(b) Shall perform new local, State, and national fingerprint checks and a new drug screening.

(4) A police officer working as a police officer at multiple law enforcement agencies:

(a) Shall meet applicable Commission training standards as if employed at one law enforcement agency; and

(b) May meet Commission training requirements through training provided by one or more employing law enforcement agencies.

(5) The police officer shall meet the Commission's firearms qualification and training requirements for the firearm authorized by each law enforcement agency employing the police officer.

(6) The Commission shall notify each agency head employing the same police officer when the Commission issues multiple certifications for a police officer.

H. Waivers. An individual may be eligible for a waiver of certain entrance-level training requirements under Regulation .14E of this chapter if the individual:

(1) Was employed within the last 5 years as a police officer in another state or for the federal government and completed a basic police officer entrance-level training program; or

(2) Completed a basic police officer entrance-level training program within the last 2 years.

I. Temporary Certification.

(1) The Commission shall issue a temporary certification to an individual:

(a) Previously certified as a police officer in Maryland;

(b) Hired as a police officer by another law enforcement agency within 90 days of separation from employment with a law enforcement agency;

(c) Separated from employment with the previous law enforcement agency; and

(d) Who meets applicable:

(i) Selection standards under Regulation .08 of this chapter, except for completion of a national or State fingerprint check; and

(ii) Training standards under Regulation .07B(3) of this chapter.

(2) A temporary certification shall expire upon:

(a) Certification as a police officer by the Commission;

(b) Separation of employment as a police officer;

(c) Discovery of a criminal conviction through the local, national, or State fingerprint check that disqualifies the police officer from certification; or

(d) Passage of 90 days after the appointment date of the individual as a police officer at the law enforcement agency.

(3) If the Commission determines that the local, national, or State fingerprint check results have not been received by the law enforcement agency through no fault of the law enforcement agency, the Commission may issue a second temporary certification for an additional 90 days at the same law enforcement agency.

Md. Code Regs. 12.04.01.06

Regulation .06 amended effective May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657)
Regulations .06 adopted effective August 25, 1997 (24:17 Md. R. 1215)
Regulations .06 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 .06 amended effective January 20, 2003 (30:1 Md. R. 25)
Regulation .06H amended effective July 1, 2000 (27:10 Md. R. 966); February 4, 2002 (29:2 Md. R. 95); amended effective 48:4 Md. R. 177, eff. 2/22/2021