Md. Code Regs. 12.04.01.14

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

Section 12.04.01.14 - Waiver of a Selection or Training Standard

A. General Requirements for Waivers.

(1) Except for the requirements under §E of this regulation, an agency head requesting a waiver of a Commission selection or training standard based on an individual's unique circumstances shall petition the Commission for a waiver of the standard.

(2) An agency head petitioning the Commission for a waiver of a selection or training standard shall:

(a) Submit the petition in writing in a format determined by the Commission; and

(b) Direct the petition to the Executive Director so it is received at least 30 days before the Commission's next scheduled meeting during which the Commission considers the petition.

(3) An agency head shall include, at a minimum, the information required under §B, C, or D of this regulation according to the type of standard for which the agency head is petitioning the Commission for a waiver.

(4) Processing a Petition for a Waiver.

(a) Upon receipt of a petition for a waiver under §B, C, or D of this regulation, the Executive Director shall:

(i) Review the petition to ensure that it contains all information required under this regulation; and

(ii) Ensure that the petition is received 30 days before the next scheduled Commission meeting during which the Commission considers the petition.

(b) If the petition does not meet the requirements under this regulation, the Executive Director shall return the petition to the submitting agency head indicating the deficiencies of the petition.

(c) If the petition meets the requirements under this regulation, the Executive Director shall present the petition to the Commission at the next scheduled meeting.

B. Waiver of a Selection Standard. An agency head petitioning the Commission on behalf of an individual for a waiver of a police officer selection standard under this chapter shall, at a minimum, include the following as part of the petition under this regulation:

(1) A completed application for certification (AFC) for the individual;

(2) The COMAR citation for the standard for which the waiver is requested on behalf of the individual;

(3) Detailed information concerning the individual's ability to perform the duties of a police officer; and

(4) Other information at the direction of the Executive Director.

C. Waiver of an In-service Training Standard.

(1) An agency head petitioning the Commission on behalf of an individual for a waiver of an annual in-service training standard shall provide the following information that the agency head believes is justification for the Commission to waive the training standard:

(a) The COMAR citation for the standard for which the waiver is requested;

(b) A copy of the lesson plan or course outline that the individual successfully completed;

(c) A written description of the course that the individual successfully completed;

(d) The number of hours of the course the individual completed; and

(e) Other information supporting the petition or that is requested by the Executive Director.

(2) An agency head may petition the Commission for a waiver of an in-service training requirement because an individual successfully completed any of the following during the calendar year for which in-service training is required:

(a) Federal Bureau of Investigation National Academy;

(b) 3-month Southern Police Institute Program;

(c) 9-month Northwestern University Traffic Institute Program; or

(d) Other equivalent training program.

D. Waiver of Firearms Training.

(1) An agency head may petition the Commission on behalf of an individual for a waiver of firearms training and qualification requirements if the individual completed firearms training and qualification that meets or exceeds requirements of COMAR 12.04.02 during the calendar year in which firearms training and qualification are required to be completed by the individual.

(2) An agency head shall include in the petition for a waiver of firearms training and qualification:

(a) Information required under §C(2) of this regulation as it relates to the firearms training and qualification completed by the individual; and

(b) The date or dates the individual completed the firearms training and qualification.

E. Waiver of an Entrance-Level Training Standard.

(1) An individual who completed entrance-level training in another state or through the federal government may be granted a waiver from completing portions of the entrance-level training standards under Regulation .09 of this chapter if the entrance-level training completed in another state or through the federal government was comparable to the standards under Regulation .09 of this chapter.

(2) An agency head petitioning the Deputy Director on behalf of an individual for a waiver of an entrance-level training standard required under Regulation .09 of this chapter shall provide the Deputy Director with the following information that the agency head believes is the basis for requesting the waiver:

(a) A copy of the lesson plan or course outline for the course that the individual successfully completed;

(b) A written description of the course that the individual successfully completed;

(c) The number of hours of the course the individual successfully completed; and

(d) Other information supporting the petition or that is requested by the Deputy Director.

(3) The Deputy Director may grant a waiver of an entrance-level training standard if the individual:

(a) Both:

(i) Worked for a law enforcement agency within the last 5 years before applying; and

(ii) Successfully completed police officer entrance-level training that meets or exceeds the requirements under Regulation .09 of this chapter; or

(b) Did not work for a law enforcement agency before applying, but within 2 years before applying completed police officer entrance-level training that meets or exceeds the requirements under Regulation .09 of this chapter.

(4) The Deputy Director shall review the information contained in the request under §E of this regulation to determine if the:

(a) Individual meets the eligibility requirements under §E of this regulation; and

(b) Police officer entrance-level training that the individual completed meets or exceeds requirements under Regulation .09 of this chapter.

(5) When reviewing the minimum academy hourly requirement, the following information may be considered:

(a) The review will compare the applicant's approved academy hours with the amount of Maryland academy hours required by regulation at the time of academy attendance.

(b) Topics taught during the applicant's in-service training may be considered toward the minimum academy hourly requirement. An annual repetitive topical area may only be considered once.

(c) Specialized training received during the applicant's career that is relevant to the topical areas may be considered toward the minimum academy hourly requirement.

(6) The Deputy Director shall notify the agency head of the decision.

(7) If the Deputy Director grants the waiver, the Deputy Director shall notify the agency head that the individual shall meet the following requirements before certification:

(a) Selection standards under Regulation .04 of this chapter; and

(b) The training requirements under §E(8) of this regulation.

(8) If the Deputy Director grants a waiver of full entrance-level training, the individual shall successfully complete the following:

(a) Portions of entrance-level training at a class I or II Commission-certified police academy relating to the:

(i) Maryland Criminal Code,

(ii) Maryland Motor Vehicle Code, and

(iii) Maryland Juvenile Law and Procedures;

(b) Emergency medical care under Regulation .09 of this chapter;

(c) A Driving Under the Influence Detection and Standardized Field Sobriety Test course approved by the Commission; and

(d) If the law enforcement agency authorizes the individual to carry or use a firearm:

(i) Entrance-level firearms training and qualification for the firearm under COMAR 12.04.02; or

(ii) If the Deputy Director determines that the individual previously completed training that is equivalent to the entrance-level firearms training required under COMAR 12.04.02 for the agency approved firearm, the individual shall be required to complete annual firearms classroom instruction and training and qualification required by COMAR 12.04.02 for the agency-approved firearm.

(9) An agency head may petition the Commission to review a decision by the Deputy Director to deny a waiver of an entrance-level training requirement.

F. A petition for a waiver on behalf of an individual may not again be submitted under this regulation within two years after the date on which the Commission has:

(1) Denied the petition for the waiver on behalf of the individual; or

(2) Upheld the decision of the Deputy Director to deny the petition for a waiver.

Md. Code Regs. 12.04.01.14

Regulations .14 adopted effective August 25, 1997 (24:17 Md. R. 1215)
Regulation .14B amended effective January 1, 2010 (36:26 Md. R. 1996)
Regulation .14 amended effective November 25, 2013 (40:23 Md. R. 1935)
Regulation .14E amended effective September 2, 2013 (40:17 Md. R. 1420)
Regulation .14 amended effective 42:16 Md. R. 1055, eff.8/17/2015; amended effective 43:17 Md. R. 956, eff. 8/29/2016; amended effective 50:15 Md. R. 682, eff. 8/7/2023