N.J. Admin. Code § 13:1-8.4

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:1-8.4 - Waivers

(a) The Commission may, in its discretion, waive all or portions of any required training for an individual who has successfully completed a course conducted by any Federal, State or other public or private agency which is substantially equivalent to the Commission course.

(b) A request to waive training shall be submitted by the appointing authority to the Commission on a form prescribed by the Commission together with official documentation from the institution where the training was obtained. An individual who has voluntarily separated in good standing from service as a police officer is eligible for a waiver of training for a period of three years from the date of separation to the date of employment. An individual who has been involuntarily separated from employment by a State or interstate law enforcement agency due to reasons of economy or efficiency is eligible to request a waiver of training for a period of five years from the date of separation to the date of employment. An individual who has been involuntarily separated from employment for reasons other than economy or efficiency is ineligible for a waiver of training.

(c) Subject to the time limitations set forth at (b) above, the following criteria shall be utilized by the Commission and its staff in reviewing requests for waivers of training submitted by law enforcement units:

1. Individuals who must complete a basic training course for law enforcement officers are eligible for a partial waiver of training provided they have previously completed a basic training course for class two special law enforcement officers approved by the Commission. A class two special law enforcement officer (SLEO II) may be eligible for a waiver for up to three years from the date of graduation if they meet the following criteria:

i. The individual's SLEO II basic training course was a co-mingled (comprised of both SLEO II and dually-appointed law enforcement officers) Basic Course for Police Officers class or a full-time SLEO II course that meets all requirements and components of a full Basic Course for Police Officers class and receives approval by the Police Training Commission.

ii. The individual has completed all required in-service training;

2. Individuals who must complete a basic training course for police officers are eligible for a partial waiver of training provided they have previously completed a basic training course for State troopers conducted by the New Jersey State Police Academy and have been separated from service as a State trooper for less than three years;

3. Individuals who must complete a basic training course for law enforcement officers are eligible for a limited waiver of training provided they were previously employed by an interstate law enforcement unit with jurisdiction in the State of New Jersey and they have completed a basic training course as a condition of employment for the interstate agency;

4. Individuals who must complete a basic training course for police officers are eligible for a partial waiver of training provided they previously completed a basic training course for investigators approved by the Commission;

5. Individuals who must complete a basic training course for investigators are eligible for a partial waiver of training provided they previously completed a basic training course for police officers approved by the Commission;

6. Individuals who must complete a basic training course for investigators are eligible for a partial waiver of training provided they have previously completed a basic training course for State troopers conducted by the New Jersey State Police Academy and have been separated from service as a State trooper for less than three years;

7. Individuals who must complete a basic training course for county corrections officers are eligible for a partial waiver of training provided they previously completed a basic training course for State corrections officers approved by the Commission; and

8. Individuals who must complete a basic training course for county corrections officers are eligible for a partial waiver of training provided they previously completed a basic training course for State juvenile corrections officers approved by the Commission.

(d) Requests for waivers of training submitted by law enforcement agencies on behalf of individuals who previously completed a basic training course conducted by a Federal law enforcement agency will be reviewed by the Commission on a case-by-case basis. Requests for waivers of training submitted by law enforcement agencies on behalf of individuals who previously completed a basic training course conducted by a law enforcement agency of another state will be reviewed by the Commission on a case-by-case basis. All requests for waivers of training submitted under this subsection must comply with the time limitations set forth in (b) above.

(e) The Commission may grant a partial waiver of training to individuals who were unable to complete a basic training course approved by the Commission, provided the individual was withdrawn by the employer from the basic course due to injury, personal reasons, family emergency, or other unforeseen circumstances. To be eligible for a partial waiver of training pursuant to this subsection, the individual must have successfully completed at least half of the performance objectives listed in the basic course curriculum, and the school director must consent to the individual's reenrollment. Waiver credit will only be issued for completed functional areas and will only be applicable in the same basic course and at the same school as the one from which the trainee was withdrawn.

(f) Only a law enforcement agency may appeal a decision by the Commission to deny, in whole or in part, a request for a waiver of training.

(g) Commission staff shall inform employing agencies of the requirements necessary for a waiver of training.

(h) Waiver credit may only be granted for the performance objectives included in the specific course for which the waiver is sought. Credit for performance objectives added to the basic course curriculum as electives by individual schools may be permitted.

N.J. Admin. Code § 13:1-8.4

Amended by R.1993 d.325, effective 7/6/1993.
See: 25 N.J.R. 1336(a), 25 N.J.R. 2897(a).
Amended by R.1998 d.330, effective 7/6/1998.
See: 30 N.J.R. 1182(a), 30 N.J.R. 2506(a).
Rewrote (d).
Amended by R.2013 d.012, effective 1/22/2013.
See: 44 N.J.R. 1954(a), 45 N.J.R. 124(a).
In (b), inserted the last three sentences; rewrote (c) and (d); and added (e) through (h).

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