Rule 31-101-3.3 - Procedures1. All detention officer employers included under the Emergency Jail Officer Training Program as described in this Policy and Procedures Manual should follow these steps in safekeeping certificates issued to their employees by the Board. A. The employer, upon receiving the certificate from the Board director, should record the certificate number and the date issued in the employee's personnel file.B. The certificate should remain in the physical custody of the employer at a site which houses agency operations. The employer may provide the employee with a photo static copy of the certificate.C. The certificate, if defaced, destroyed, misplaced, or stolen while in the stewardship of the employer, will normally be replaced with a photo static copy. The production of duplicate certificates shall be minimized. The staff will evaluate each incident prior to the issuance of a duplicate certificate.D. The employer should return the certificate to the Board director, along with a complete "Termination/Reassignment Report" form, within ten working days after: 1. The employee no longer meets all of the qualifications for employment;2. The employee has been either convicted of or pleaded guilty or nolo contendere, probation, pre-trial diversion, or payment of any fine to a felony or a crime involving moral turpitude (the employer shall provide official documentation of such conviction);3. Receiving written notice from the Board of evidence that the certificate was obtained through misrepresentation or fraud;4. The employee dies, resigns, laterally transfers or is terminated;5. The employee takes leave or is assigned leave from actual performance of detention officer duties from the employer for any reason for an indefinite period or for a period planned to last more than twelve months; and6. Receiving written notice from the Board that the certificate shall be returned for other due cause as determined by the Board.E. The staff shall decide the disposition of a certificate within a reasonable time after receiving notice that a certificate has been returned. The Board may decide to: 1. Delay consideration of the return of the certificate;2. Inactivate the certificate;3. Assign stewardship of the certificate to a new detention officer employer or;4. Annul/revoke a certificate, if issued in error or through misrepresentation or fraud.F. In the case of lateral transfer, the staff shall forward the certificate to the appropriate employer.G. The staff shall maintain the certificate and all other file information of detention officers who have died or whose certificates have been inactivated in the Board files.H. When the staff has inactivated a certificate because a detention officer:1. Is no longer in detention officer employment as described in this Policy and Procedures Manual,2. Is on indefinite leave or leave for more than one year, orI. The Board director may reactivate the certificate when the certified detention officer resumes employment for the employer who returned the certificate or under a new detention officer employer included under the Jail Officer Training Program. In either case, the employer may initiate the reactivation process by forwarding a new Application for Certification (Parts I, II and III) to the Board Director. The board director shall forward a reactivated certificate to the employer.J. When the certificate of a detention officer certified by statute remains inactivated for more than two years, the certificate shall lapse. Upon receiving a request to reactivate the certificate, the board director shall notify the employer by letter that the certificate has lapsed and that the employee must requalify for certification by the board in order to be employed as a detention officer for more than two years.K. The Board hereby relegates to the staff the authority to certify all detention officers upon satisfactory completion and verification of all requisite training.L. The board further authorizes the staff to issue Professional Certificates on the first day of each month and furnish a list at the Board meetings for official recognition of certification.31 Miss. Code. R. 101-3.3
Miss Code Ann. § 45-4-1, 45-4-3, 45-4-5, 45-4-7, 45-4-9