Section Pol 402.02 - Revocation or Suspension(a) The council shall, unless it has just cause to do otherwise as provided in (e) below, order the suspension or revocation of the certification of any police or corrections officer for any of the following reasons:(1) The certification was obtained by fraudulent or illegal means;(2) The officer has been convicted either prior to or after certification of a crime which constitutes a felony in this or any other state, territory, province or country;(3) The officer has been convicted either prior to or after certification of a misdemeanor for which there was a sentence of incarceration, regardless of whether all or part of the sentence was suspended;(4) The officer has been convicted either prior to or after certification of a crime of moral turpitude or of a crime which tends to bring discredit on the police or corrections service, including but not limited to:g. Falsification of documents or evidence;k. Stalking or criminal violation of a protective order;m. Disobeying an officer;(5) The officer's discharge has become final or he or she has been allowed to resign in lieu of discharge, has resigned during an internal investigation, or resigned through a negotiated resignation, from police or corrections employment in this or any other state, country, or territory for reasons of: a. A lack of moral character as defined in Pol 101.28 or Pol 402.02(l);b. Moral turpitude as defined in Pol 101.29; orc. For acts or omissions of conduct which would cause a reasonable person to have doubts about the individual's honesty, fairness, and respect for the rights of others and for the laws of the state or nation;(6) The officer has, after being hired as a police, corrections or probation/parole officer: b. Illegally used or possessed any other controlled substance; orc. Illegally purchased, sold, cultivated, transported, manufactured, or distributed a controlled drug or an imitation controlled drug;(7) The officer is unable to continue as an active duty police, corrections or probation/parole officer for a period of 45 days or more by reason of a severe level mental disorder as diagnosed by a psychologist or psychiatrist who uses mental status examinations and standardized psychological tests normed for police or corrections officers;(8) A law enforcement officer has willfully:a. Violated council rules relative to himself or herself or the officers working under his/her control;b. Submitted false or forged documents; orc. Misrepresented a document or testimony before the council;(9) The officer's certificate was issued through administrative error;(10) The officer has failed or refused to complete the applicable firearms training requirements of Pol 404.03 or the in-service training requirements of Pol 403.01; until the requirements have been met;(11) A part-time officer has worked more than 1300 hours in a calendar year without successfully completing the full-time academy; or(12) The officer has entered no plea or an innocent plea to a criminal offense, and agreed to participate in a diversion program in lieu of a trial.(b) A certification shall be temporarily suspended pending resolution of criminal charges if the officer has been arrested, indicted or bound over either prior to or after certification for a felony or any crime involving moral turpitude or of a crime which tends to bring discredit on the police, corrections, or probation/parole service, unless the council, in its discretion, determines that the safety of the public or the confidence in the criminal justice system would not be adversely affected.(c) Examples of crimes that involve moral turpitude or of a crime which tends to bring discredit on the police, corrections or probation/parole service shall include but not be limited to:(4) Criminal threatening;(7) Falsification of documents or evidence resulting in unsworn falsification, false testimony or evidence tampering;(d) A certification shall be suspended if the officer has attempted suicide or self-mutilation, or committed self-mutilation, until such time as an evaluation by a licensed psychologist selected by the council certifies the person as fit for duty.(e) The council shall apply a balancing test to determine whether factors constituting just cause outweigh the public interest in protecting the safety of the public or confidence in the criminal justice system, including maintaining the integrity of sworn law enforcement, if a violation of section (a) or (d) of this rule is found. If any just cause demonstrated by the officer outweighs the purpose of protecting the safety of the public or confidence in the criminal justice system including maintaining the integrity of sworn law enforcement, the council shall decline to order suspension or revocation.(f) Examples of just cause pursuant to (e) above shall include but not be limited to:(1) Suspension or revocation would not have a rehabilitative value; and(2) The officer's health or service status makes suspension or revocation a needless gesture.(g) In determining whether to suspend, revoke, or impose no sanction, the council shall apply the following factors in determining the level or kind of disciplinary sanction imposed: (1) The seriousness of the offense;(2) The officer's prior disciplinary record;(3) The officer's acknowledgment of his or her wrongdoing;(4) The purpose of the rule or statute violated;(5) The potential harm to the safety of the public or confidence in the criminal justice system, including maintaining the integrity of sworn law enforcement.(h) A suspension or revocation imposed upon an officer pursuant to (g) above shall be intended to be the minimum sanction or sanctions, both in type and extent, that the council believes will, based upon the unique facts and circumstances of each act of misconduct:(1) Protect the safety of the public or confidence in the criminal justice system, including maintaining the integrity of sworn law enforcement; and(2) Deter both the officer charged and any other officer from engaging in such misconduct in the future.(i) If a person has been denied a certificate after exhausting all appeals under this section, the council shall accept a petition for rescission of the denial no sooner than 12 months following the date of denial. The petitioner shall state in writing the reasons why the denial should be rescinded.(j) If a person has had his or her certificate revoked after exhausting all appeals under this section, the council shall accept a petition for rescission of the revocation after no sooner than 24 months following the date of denial. The petitioner shall state in writing the reasons why the action should be rescinded. The action shall be rescinded if conditions or circumstances have changed so that the basis for the action no longer exists.(k) If a petition for rescission is based on one or more of the reasons set out in Pol 402.02, a hearing on the petition shall be held as provided in Pol 200. If the denial is rescinded, the petitioner shall be eligible for hire by a participating police department, but shall serve a probationary period as defined in Pol 101.35, before he or she shall be recertified.(l) For purposes of this section, a determination of a lack of "good moral character" shall not be restricted to acts that reflect only moral turpitude, but shall be based upon the consideration of all aspects of a person's character as exemplified by their behavior, including but not limited to the following: (1) Violation of a statute of this or any other state, territory or nation for which a penalty may be imposed;(2) Conduct involving dishonesty, fraud, or attempted deception regarding an application, examination or other document for securing employment, eligibility, or certification;(3) Conduct involving misrepresentation or tampering with official records or reports, tampering with witnesses or falsifying evidence; and(4) Conduct that would adversely reflect on a person's fitness to perform law enforcement or corrections duties, including but not limited to: a. The excessive and illegal use of force;b. Intoxication while on duty;c. Sale or use of illegal controlled substances;f. Undue familiarity with known criminals, which for the purposes of this clause means any social or sexual relationship between an officer subject to certification by the police standards and training council and a known criminal;h. Stalking or criminal violations of a protective order;i. Slanderous use of confidential information;j. Bribery or acceptance of illegal gratuities;k. Theft or misappropriation of funds or property;(m) A person who has had their police, corrections or probation/parole officer certification revoked or suspended shall not be allowed to work in a capacity that would allow them to exercise the same authority as a certified officer or that would give the appearance that they have the same authority as a certified officer during the period of suspension or revocation.N.H. Code Admin. R. Pol 402.02
#1534, eff 2-17-80; ss by #1988, eff 3-25-82; ss by #2783, eff 7-27-84; ss by #4437, eff 6-22-88; ss by #5836, eff 6-15-94; ss by #7302, eff 6-8-00; ss by #9168, INTERIM, eff 6-3-08, EXPIRES: 11-30-08; ss by #9224, eff 8-1-08; ss by #9827, eff 11-30-10; ss by #9896, eff 3-26-11; ss by #10352, eff 6-4-13
Amended by Volume XXXVI Number 49, Filed December 8, 2016, Proposed by #12041, Effective 11/16/2016, Expires 11/16/2026.