Minn. R. agency 163, ch. 6700, TRAINING AND LICENSING, pt. 6700.0100

Current through Register Vol. 49, No. 24, December 9, 2024
Part 6700.0100 - DEFINITIONS
Subpart 1.Scope.

For the purpose of this chapter, the terms in this part have the meanings given them, unless another intention clearly appears.

Subp. 2.Agency.

"Agency" has the meaning given it in Minnesota Statutes, section 626.84, subdivision 1, paragraph (h).

Subp. 3.Appointing authority.

"Appointing authority" means the public official, board, commission, or other person or group of persons responsible for the initial appointment and continued tenure of persons employed by the agency as peace officers and part-time peace officers.

Subp. 4.Appointment.

"Appointment" means the official declaration provided by the agency to the POST Board which indicates that the agency has engaged the services of a peace officer or part-time peace officer beginning on a specified date.

Subp. 5. [Repealed, 14 SR 12]
Subp. 5a.Professional peace officer education.

"Professional peace officer education" means:

A. a postsecondary degree that includes instruction as specified in part 6700.0300, subpart 1; or
B. a postsecondary certificate that includes instruction as specified in part 6700.0300, subpart 1, and is awarded by a certified school to individuals who already possess a postsecondary degree.
Subp. 6.Board or POST Board.

"Board" or "POST Board" means the Board of Peace Officer Standards and Training.

Subp. 7.Certification.

"Certification" means official acknowledgment by the board that a school meets all of the criteria listed in parts 6700.0300 and 6700.0400 to offer professional peace officer education or the academic component or clinical skills component of the professional peace officer education.

Subp. 8.Chief law enforcement officer.

"Chief law enforcement officer" means the designated head and the highest ranking board-licensed peace officer within an agency.

Subp. 9. [Repealed, 14 SR 12]
Subp. 9a.Conviction.

"Conviction" means that a person has been charged with a crime and the person was found guilty of that crime, regardless of length of or imposition or execution of any sentence received, any deferred finding of guilt or imposition of sentence by the court, any continuance for dismissal granted by the court, or any expungement of the offense records or conviction.

Subp. 10.Coordinator.

"Coordinator" means a person who is employed full-time by a certified school, and designated by a certified school, to manage the day-to-day activities of the professional peace officer education program.

Subp. 11.Eligible to be licensed.

"Eligible to be licensed" means the status of an individual who has passed the peace officer licensing examination or the reciprocity examination, but who has not yet secured employment as a peace officer.

Subp. 12.Executive director.

"Executive director" means executive director of the board.

Subp. 12a.Felony.

"Felony" means a crime punishable by more than one year in prison.

Subp. 13. [Repealed, 18 SR 1961]
Subp. 14. [Repealed, L 2005 c 10 art 1 s 82]
Subp. 15.Guest lecturer.

"Guest lecturer" means a person who is invited by the instructor to teach occasionally in a school or a board-approved course in continuing education.

Subp. 16.Inactive licensed officer.

"Inactive licensed officer" means an individual who holds a currently valid peace officer license issued by the board, but who is not currently employed by an agency.

Subp. 17.Instructor.

"Instructor" means a person who is recognized as being qualified to teach in a school or board-approved continuing education course.

Subp. 18.Part-time peace officer.

"Part-time peace officer" has the meaning given it in Minnesota Statutes, section 626.84, subdivision 1, clause (f).

Subp. 19.Peace officer.

"Peace officer" has the meaning given it in Minnesota Statutes, section 626.84, subdivision 1, clause (c).

Subp. 20.School.

"School" means a postsecondary institution which is accredited by one of the six regional accrediting associations and authorized to award academic degrees including, but not limited to, Associate of Arts (A.A.) degrees, Associate of Science (A.S.) degrees, Bachelor of Arts (B.A.) degrees, and Bachelor of Science (B.S.) degrees.

Subp. 21. [Repealed, 18 SR 1961]
Subp. 22.Postsecondary degree.

"Postsecondary degree" means an academic degree awarded by a school.

Subp. 23.Postsecondary certificate.

"Postsecondary certificate" means a nonacademic title awarded by a school that shows completion of a specific course of study.

Subp. 24.Certified school.

"Certified school" means a school that has been given certification.

Subp. 25.Classroom discrimination.

"Classroom discrimination" means oral, written, graphic, or physical conduct directed against any person or group of persons because of their race, color, creed, religion, national origin, sex, age, marital status, status with regard to public assistance, sexual orientation, disability, or veteran's status that has the purpose or reasonably foreseeable effect of demeaning or intimidating that person or group of persons.

Subp. 26.Discriminatory conduct.

"Discriminatory conduct" means a pattern of conduct or a single egregious act that evidences knowing and intentional discrimination based on the actor's perception of a person's race, color, creed, religion, national origin, disability, sex, sexual orientation, gender identity, or public assistance or any other protected class as defined in Minnesota statutes or federal law; and would lead an objectively reasonable person to doubt the actor's ability to perform the duties of a peace officer in a fair and impartial manner Membership in a religious organization as a lawful exercise of the freedom of religion is not discriminatory conduct.

Subp. 27.Seasonal position.

"Seasonal position" means a position which is necessary due to recurring seasonal fluctuations in staffing needs and does not exceed 16 consecutive weeks in duration.

Subp. 28.Temporary position.

"Temporary position" means a short term of employment that may not exceed 300 hours with a designated end date of six months or less.

Subp. 29.Hate or extremist group.

"Hate or extremist group" means a group that, as demonstrated by its official statements or principles, the statements of its leaders or members, or its activities:

A. promotes the use of threats, force, violence, or criminal activity:
(1) against a local, state, or federal entity, or the officials of such an entity;
(2) to deprive, or attempt to deprive, individuals of their civil rights under the Minnesota or United States Constitution; or
(3) to achieve goals that are political, religious, discriminatory, or ideological in nature;
B. promotes seditious activities; or
C. advocates for differences in the right to vote, speak, assemble, travel, or maintain citizenship based on a person's perceived race, color, creed, religion, national origin, disability, sex, sexual orientation, gender identity, public assistance status, or any protected class as defined in Minnesota statutes or federal law.

Minn. R. agency 163, ch. 6700, TRAINING AND LICENSING, pt. 6700.0100

11 SR 2337; 14 SR 12; 18 SR 1961; L 2005 c 10 art 1 s 82; 32 SR 2173
47 SR 1120

Statutory Authority: MS s 214.10; 214.12; 626.84 to 626.863