Md. Code Regs. 12.10.01.14

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

Section 12.10.01.14 - Commission Certification Requirements for an Academy Providing Commission-Approved Mandated Employee Training

A. Academy Certification.

(1) The Commission may certify an academy to conduct Commission-approved mandated employee training.

(2) The Commission may approve the following types of academy certification:

(a) Temporary certification that authorizes an academy to conduct Commission-approved mandated employee training under limited conditions;

(b) Provisional certification that provides an academy preliminary approval to conduct Commission-approved mandated employee training before receiving certification; or

(c) Certification authorizing an academy to conduct Commission-approved mandated employee training subject to continued compliance with Commission academy standards.

(3) The Commission shall establish standards required to be met for each type of academy certification provided under §A(2) of this regulation.

B. General Requirements. An academy seeking certification to provide Commission-approved mandated employee training shall submit a request to the Commission documenting that the academy:

(1) Has a need to conduct Commission-approved mandated employee training;

(2) Is in compliance with Commission standards for instructors and curricula;

(3) Provides an atmosphere that supports learning;

(4) Provides suitable lighting, ventilation, and acoustic qualities;

(5) Meets applicable federal, State, and local health, safety, and fire safety laws and regulations;

(6) Has a physical structure that if practical provides:

(a) At least 25 square feet of classroom space for each individual attending;

(b) Locker space for each individual attending;

(c) Appropriate desk space, work tables, and seating to support classroom and other related learning activities;

(d) Storage for learning and training materials; and

(e) Instructional and training equipment and material to support the training provided;

(7) Has adequate space for skills training and conducting practical exercises; and

(8) Has an instructor certified by the Commission or the Police Training Commission to conduct Commission-approved mandated employee training, unless the individual providing the training is exempt under COMAR 12.10.06 or COMAR 12.04.06 from instructor certification requirements.

C. Commission certification of an academy under this regulation is not an exemption from Commission requirements for Commission approval of training provided by the academy under Regulations .09 and .16 of this chapter.

D. Individuals Attending Commission-Approved Training.

(1) If an individual is attending Commission-approved mandated employee training that is required by the Commission for the mandated position, the individual's agency head, or a designee, shall:

(a) Excuse the individual from performing assigned duties and responsibilities during the training; and

(b) Compensate the individual at the individual's appropriate salary while attending the training.

(2) The training director of an academy providing the Commission-approved mandated employee training required by the Commission for a mandated position is responsible for the personal conduct of each individual attending the training.

(3) The training director, or a designee, is the commanding official or supervisor for each individual attending the training.

(4) The training director shall provide each individual attending the Commission-approved mandated employee training a copy of the academy's rules and regulations governing the individual's daily conduct while attending the training.

(5) The disciplinary rules or regulations of the academy apply to each individual attending training.

(6) A training director shall notify an individual's agency head if, while at the academy:

(a) The individual commits a breach of conduct that requires disciplinary action; or

(b) The individual's progress in Commission-required subject areas indicates the individual is failing the Commission-approved mandated employee training required by the Commission.

(7) An agency head of an individual failing Commission-approved mandated employee training required by the Commission may withdraw the individual from the training at any time before completing the training.

(8) A training director and the agency head sending the individual to the academy may negotiate arrangements for reimbursement of costs associated with the individual attending the academy.

(9) An individual not employed in a mandated position may voluntarily enroll in an academy to participate in Commission-approved mandated employee training required by the Commission if the individual meets the selection standards specified under Regulation .15 of this chapter.

E. Academy Authority.

(1) An academy certified by the Commission may provide Commission-approved mandated employee:

(a) Entrance-level training;

(b) In-service training;

(c) Supervisor training;

(d) Administrator training;

(e) Instructor training;

(f) Firearms training and qualification; or

(g) Other required training.

(2) A training director may establish rules of conduct for the academy that exceed Commission requirements under this regulation.

(3) A written academy rule or lawful verbal direction or order issued by a Commission-certified academy representative has the same authority as a Commission requirement or standard.

(4) A training director may establish academy requirements for successful completion that exceed Commission requirements.

F. Academy Certification Lapse or Revocation.

(1) Certification Lapse.

(a) Commission certification for an academy shall lapse if the academy does not conduct Commission-approved training for a period of 2 years.

(b) An agency head or training director may apply for the academy's recertification if the agency head or training director can demonstrate the need for the academy to conduct Commission-approved mandated employee training required by the Commission.

(2) Academy Certification Revocation. The Commission may revoke an academy's certification if the academy:

(a) Discontinues presenting Commission-approved training;

(b) Conducts Commission-approved training without Commission-certified instructors providing the training;

(c) Demonstrates a pattern of deficiencies identified by audits or fails to correct identified deficiencies following an audit;

(d) Training director does not successfully complete the training director orientation program under §H of this regulation; or

(e) Violates a provision of this regulation.

G. Academy Audit.

(1) Commission-approved mandated employee training provided by an academy is subject to review and audit by the Commission.

(2) The Commission shall audit a Commission-certified academy providing Commission-approved mandated employee training required by the Commission at least every 2 years.

(3) An agency head or training director responsible for an academy shall correct deficiencies identified during an audit according to requirements established by the Commission and recorded in the Commission's audit report.

H. Training Director Orientation. An individual appointed as a training director of a Commission-certified academy, within 3 months of appointment, shall successfully complete a training director orientation program designed and approved by the Commission.

Md. Code Regs. 12.10.01.14

Regulation .14 amended effective 41:3 Md. R. 202, eff.2/17/2014