Md. Code Regs. 12.10.01.17

Current through Register Vol. 51, No. 22, November 1, 2024

Section 12.10.01.17 - Failure to Complete Commission-Required Mandated Employee In-Service Training and Firearms Training and Qualification

A. Mandated Employee In-Service Training.

(1) Except as provided under §A(2) of this regulation, if a mandated employee does not complete the 18 hours of in-service training by December 31 of a calendar year, the agency head or training director responsible for training the mandated employee shall add the number of hours of in-service training missed to the new calendar year's required 18 hours of in-service training.

(2) If a mandated employee is scheduled for certification renewal on July 1 of any year, but does not receive the entire 18 hours of mandated employee in-service training by December 31 of the previous calendar year, the agency head or training director responsible for training the mandated employee shall:

(a) Provide the employee, before the July 1 date on which the employee is scheduled for certification renewal, the Commission-approved mandated employee in-service training missed in the previous calendar year; and

(b) Provide the current year's requirement of 18 hours of Commission-approved mandated employee in-service training by December 31 of the current calendar year.

B. Firearms Training and Qualification.

(1) If a mandated employee does not successfully complete Commission-approved firearms training and qualification under this regulation before December 31 of a calendar year, the agency head or training director responsible for training the mandated employee may not permit the mandated employee to use or carry a firearm until the mandated employee successfully completes firearms training and qualification with the firearm the mandated employee is required to use or carry.

(2) If a mandated employee has not successfully completed Commission-approved firearms training and qualification under this regulation for the firearm the mandated employee is required to use or carry for 3 or more consecutive calendar years, the mandated employee shall complete Commission-approved entrance-level mandated employee firearms training and qualification under COMAR 12.10.04 before an agency head may permit the mandated employee to carry or use a firearm.

C. Except for a mandated employee on nonofficer status, if an agency does not provide required training in 2 consecutive years or displays a repetitive pattern of not providing the required training, the Commission shall initiate appropriate action.

D. Nonofficer Status.

(1) Commission-approved Mandated Employee In-Service Training. If a mandated employee does not successfully complete mandated employee in-service training because the mandated employee is on nonofficer status, the agency head or training director responsible for training the mandated employee shall provide the mandated employee with the required in-service training in the calendar year in which the mandated employee returns to active duty.

(2) Firearms Training and Qualification.

(a) If a mandated employee does not successfully complete firearms training and qualification requirements under this regulation because the individual is on nonofficer status, before the employee may carry or use a firearm, the mandated employee shall successfully complete Commission-approved firearms training and qualification under this regulation:

(i) For each firearm the mandated employee is required to use or carry; and

(ii) In the same calendar year that the individual returns to active duty.

(b) If a mandated employee returning from nonofficer status has not, during the previous 3 calendar years, successfully completed Commission-approved mandated employee annual firearms training and qualification with the firearm the mandated employee is required to use or carry, before the employee may use or carry a firearm, the mandated employee shall successfully complete Commission approved mandated employee entrance-level firearms training and qualification:

(i) Under COMAR 12.10.04; and

(ii) In the same calendar year the mandated employee returns to active duty.

(3) If a mandated employee returns to active duty from nonofficer status and the mandated employee's certification has lapsed, the agency head shall ensure that the mandated employee meets requirements for mandated employee certification renewal under Regulation .06 of this chapter.

(4) If an agency head or training director responsible for training a mandated employee under this regulation does not provide training documents to the Commission in a timely manner, a mandated employee's certification renewal may be delayed.

E. Waivers.

(1) The Deputy Director may grant a request for a waiver of annual in-service training or annual firearms training and qualification if the correctional unit or agency provides information demonstrating that an individual successfully completed comparable training in the same calendar year.

(2) A request for a waiver of training requirements under this regulation shall be submitted in accordance with Regulation .19 of this chapter by the agency head or training director responsible for training a mandated employee.

F. Audit Requirements.

(1) Commission-approved in-service training and firearms training and qualification information is subject to audit by the Commission.

(2) An agency head or training director providing Commission-approved mandated employee in-service training or mandated employee firearms training and qualification, or both, shall maintain documentation until audited by the Commission, including:

(a) Curriculum;

(b) Listing of instructors;

(c) Attendance;

(d) Test and qualification scores; and

(e) Other information required by this regulation.

(3) An agency head or training director sending a mandated employee to another academy for Commission-approved mandated employee training shall maintain records of in-service training and firearms training and qualification provided by the academy conducting the training until audited by the Commission.

(4) To verify compliance with Commission requirements, the Commission shall annually audit a portion of the following Commission-approved annual in-service programs:

(a) Mandated employee training;

(b) Electronic control device training;

(c) Firearms training; and

(d) Firearms qualification.

Md. Code Regs. 12.10.01.17

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