N.J. Admin. Code § 13:1-7.2

Current through Register Vol. 56, No. 8, April 15, 2024

Section 13:1-7.2 - Operating entity responsibilities

(a) The law enforcement unit, combination of law enforcement units, institution of higher learning or State or county government agency certified to operate a school is vested with the power, responsibility, and duty:

1. To comply with all Commission rules, standards and directives governing the operation of the school;

2. To implement the required curriculum in conjunction with appropriate law enforcement officials and such other advisors that may be necessary and to devise a schedule that conforms to Commission requirements and submit same to Commission staff for approval;

3. To issue and enforce rules consistent with Commission requirements which govern the conduct of trainees and the use of the school's facilities. Each trainee shall be furnished a printed copy of the rules at the commencement of the course and a copy of the rules shall be posted in a conspicuous place on the school bulletin board and remain there for the duration of the course. These rules shall explicitly state which rule(s), the violation of which, may result in the trainee's suspension or dismissal from school;

4. To verify that the requirements for admission of an individual into the school have been complied with;

5. To maintain appropriate records for each trainee, which shall include, but not be limited to, attendance, written examination grades, firearms qualification scores, behavior, and counseling. These records shall be made available for inspection by Commission staff upon request;

6. To report immediately the unauthorized absence of a trainee to an appropriate official in the trainee's law enforcement agency;

7. To report immediately the illness or injury of a trainee or an instructor to an appropriate official in the trainee's or instructor's law enforcement agency and to the Commission staff;

8. To dismiss a trainee who has demonstrated that they will be ineligible for Commission certification, for unacceptable behavior, or for other good cause. In such cases:

i. The trainee shall be informed immediately of the reason(s) for the action;

ii. As soon as possible, but in no event later than the second business day thereafter, a written statement of the reason(s) for the action shall be provided to the trainee, the appropriate official in the trainee's law enforcement agency and the Commission;

iii. The dismissal of a trainee for misconduct may take effect immediately when, in the opinion of the school director, the continued presence of the trainee would be disruptive of or detrimental to the conduct of the class;

iv. A trainee who is dismissed from a school for misconduct shall not receive credit for any subjects completed up to the time of dismissal;

9. To inform the Commission whether a trainee has complied with the certification requirements set forth in N.J.A.C. 13:1-5.1, 5.2 and 6.1;

10. To submit records and forms to the Commission as required;

11. To maintain, for a period of three years, a master copy of each written examination conducted by the school, together with the correct answers. The individual written examination papers of trainees who are academic failures and the targets of those who are firearms failures are also to be maintained for a period of three years;

12. To forward to the Commission, on the appropriate form, any request for the certification of an individual seeking to become a certified instructor;

13. To verify that all instructors have Commission certification. In an emergency or compelling circumstances, a non-certified instructor may be used except that an emergency certification will not issue for firearms, vehicle operations, first responder, physical conditioning instruction, and RADAR. In the event an emergency certification is necessary, Commission staff shall be notified as soon as possible and prior to any teaching by such individual and informed of the reason for this exception;

14. To appoint a range master and vehicle operations senior instructor for the school both of whom shall be qualified in accordance with Commission requirements;

15. To maintain and safeguard all Commission equipment purchased by the Law Enforcement Officers Training and Equipment Fund, pursuant to N.J.A.C. 13:1A-6.1, on loan to the school and to notify the Commission immediately if any of the equipment is damaged or missing;

16. To provide class time for purposes of conducting orientation sessions for trainees in accordance with Commission requirements and bulletin board space for the posting of appropriate Commission rules and notices;

17. To charge a reasonable fee for each trainee enrolled at the school;

18. To appoint a school director and such assistants as may be required to implement this subchapter;

19. To conduct drug screening of all trainees so as to provide for the safety and welfare of all trainees, instructors, and other school personnel. Drug testing shall be conducted during all basic courses in which use of force and unarmed defensive tactics training is provided. Trainees may be tested at any time during a basic course.

i. All drug testing conducted at Commission-approved schools during a basic course shall be consistent with and utilize the procedures and methods set forth in the New Jersey Law Enforcement Drug Testing Policy and the New Jersey Drug Testing Manual, incorporated herein by reference, and including any future supplements and amendments, which can be obtained from the Commission at 25 Market Street, PO Box 085, Trenton, New Jersey 08625-0085, or from the Division of Criminal Justice website at www.njdcj.org;

ii. The school director shall dismiss any trainee who produces a positive test result for illegal drug use. Such dismissal shall constitute a dismissal for misconduct; and

iii. The Commission shall, in accordance with the New Jersey Attorney General Law Enforcement Drug Testing Policy, as circumstances warrant, notify the central registry maintained by the Division of State Police of a trainee's positive test result for illegal drug use.

20. To employ aides, with the written approval of the Commission, to assist instructors, provided that no aide shall act in any instructional capacity;

21. To immediately report to the Commission any allegation of misconduct, improper instruction or other actions of an instructor or school staff;

22. To cooperate with the Commission in any investigation or inquiry; and

23. To verify that firearms training provided in Commission-approved courses is conducted only at a firearms range that has been inspected by Commission staff and found to be in compliance with Commission standards.

N.J. Admin. Code § 13:1-7.2

Amended by R.1991 d.63, effective 2/19/1991.
See: 22 N.J.R. 2256(b), 23 N.J.R. 607(a).
Changes at (a)20., provided for less specific procedures "approved by Commission."
Amended by R.1993 d.325, effective 7/6/1993.
See: 25 N.J.R. 1336(a), 25 N.J.R. 2897(a).
Administrative Correction.
See: 25 N.J.R. 4106(a).
Amended by R.1997 d.196, effective 5/19/1997.
See: 28 N.J.R. 3707(a), 29 N.J.R. 2465(a).
In (a), made a nonsubstantive change; and added (a)23.
Amended by R.1998 d.330, effective 7/6/1998.
See: 30 N.J.R. 1182(a), 30 N.J.R. 2506(a).
In (a), substituted "implement the required" for "devise a" and substituted "necessary and to devise a schedule" for "appropriate,", rewrote the first sentence of 3, substituted "except that a trainee dismissed following a positive drug screen may not remain in school" for "pursuant to N.J.A.C. 13:1.9" in 8iv, substituted "in N.J.A.C. 13:1-5.1, 5.2 and 6.1" for "herein" in 9, rewrote 13, inserted a reference to vehicle operations senior instructors in 14, inserted "in accordance with Commission requirements" in 16, and rewrote 19.
Administrative change.
See: 31 N.J.R. 880(a).
Amended by R.2004 d.4, effective 1/5/2004.
See: 35 N.J.R. 2806(a), 36 N.J.R. 197(a).
In (a), inserted " first responder" following "vehicle operations" in 13; rewrote 19.
Amended by R.2013 d.012, effective 1/22/2013.
See: 44 N.J.R. 1954(a), 45 N.J.R. 124(a).
In the introductory paragraph of (a), substituted "State, county, or municipal government agency" for "recognized governmental entity", and inserted "the" preceding "power" and a comma following "responsibility"; in (a)5, inserted a comma following "trainee" and "behavior", substituted "counseling" for "counselling", and added the last sentence; in (a)8iv, inserted "and" at the end; and in (a)13, deleted "or" preceding "physical" and inserted ", and RADAR".

Amended by 55 N.J.R. 1932(b), effective 9/5/2023