Md. Code Regs. 12.10.01.19

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

Section 12.10.01.19 - Procedures for Requesting a Waiver

A. Selection Standards.

(1) An agency head or training director may submit a written request for a waiver of mandated employee selection standards to the Deputy Director.

(2) The training director or agency head submitting the request for waiver of mandated employee selection standards shall include a completed AFC supporting the waiver request.

B. Training Standards.

(1) An agency head or training director may submit a signed written request for a waiver of mandated employee training standards to the Deputy Director.

(2) A signed written request for a waiver of Commission-required mandated employee training shall include:

(a) Course content or an outline of parallel training;

(b) A description of the parallel training received;

(c) The number of hours of parallel training completed; and

(d) Other information that the Deputy Director may request.

C. Mandated Employee Entrance-Level Training Waiver.

(1) The Deputy Director may approve a waiver of Commission-required mandated employee entrance-level training if the individual:

(a) Was employed in the same type of mandated position with a correctional unit within the last 3 years; and

(b) Completed an entrance-level training determined by the Deputy Director to be comparable to the Commission-approved mandated employee entrance-level training under Regulation .09 of this chapter.

(2) An agency head or training director may submit a signed written request for a waiver of Commission-approved mandated employee entrance-level training to the Deputy Director.

(3) If the Deputy Director grants a waiver of Commission-approved mandated employee entrance-level training, the individual shall meet the following requirements before the Commission grants certification in the mandated position:

(a) Certification in first aid and safety;

(b) Certification in cardiopulmonary resuscitation (CPR);

(c) Completion of the entrance-level firearms training and qualification under COMAR 12.10.04, if applicable; and

(d) For mandated employees defined under Regulation .01B under this chapter, satisfactory completion of 80 hours of training in the following:

(i) Administrative procedures;

(ii) Purpose of corrections;

(iii) Supervision of inmates;

(iv) Security, custody, and control of inmates;

(v) Deception and manipulation by inmates; and

(vi) Security threat groups.

D. Denial of Waiver Request.

(1) An agency head or training director may appeal the Deputy Director's decision to deny the waiver request by mailing a signed written request for reconsideration of the denial to the Commission.

(2) If the Commission's final determination is to deny a waiver requested on behalf of an individual under §D(1) of this regulation, the agency head or training director may not submit another request for waiver on behalf of the individual within 2 years of the date the Commission denied the previous request.

Md. Code Regs. 12.10.01.19

Regulation .19 adopted effective July 1, 2000 (27:10 Md. R. 967)
Regulation .19A amended effective September 13, 2004 (31:18 Md. R. 1351)
Regulation .19B amended effective January 1, 2010 (36:26 Md. R. 1996)
Regulation .19 amended effective 42:17 Md. R. 1111, eff.8/31/2015; amended effective 46:3 Md. R. 106, eff. 2/11/2019