N.D. Admin. Code 109-02-02-05

Current through Supplement No. 394, October, 2024
Section 109-02-02-05 - Waiver of required training - Reciprocity
1. An individual having peace officer experience or having completed an equivalent basic full-time peace officer training course conducted in any state or by a federal law enforcement agency may qualify for a partial waiver of basic full-time peace officer training requirements. The administrator of the agency employing the individual may apply to the board for a partial waiver. The board shall review all applications for a waiver and may grant a partial waiver.
a. Training received in a state or from a federal law enforcement agency with laws governing or regulating peace officer training must have been approved or certified by the governing or regulating body of the state or federal agency in which the individual received the training.
b. The board may prescribe additional training as a license requirement for an individual applying for a partial waiver under this rule.
c. Applicants for a partial waiver of basic full-time peace officer training shall submit complete documentation of prior basic full-time peace officer training, including current licensing or certification, to the board.
d. Applicants shall prove they are in good standing with all law enforcement licensing authorities where they have been licensed in order to obtain a waiver.
2. If the board has granted an applicant a partial waiver, the board may only allow the applicant two attempts to successfully complete the licensing examination. If a passing score is not obtained on the first attempt, the applicant may retake the examination, but only if the applicant retakes the examination within thirty days from the date of the first examination. If a passing score is not obtained on the second attempt, the applicant shall complete the entire basic full-time peace officer training course before retaking the licensing examination.
3. An individual without peace officer experience who has completed an equivalent basic full-time peace officer training course in any state or with a federal law enforcement agency may only qualify for a partial waiver of the basic full-time peace officer training course if it has been less than three years since the individual completed the other state's or federal agency's peace officer training course.
4. An individual with peace officer experience who has been employed as a certified or licensed peace officer in any state or with a federal law enforcement agency may only qualify for a partial waiver of the basic full-time peace officer training course if it has been less than three years since the individual has been employed as a peace officer in another state or with a federal law enforcement agency.
5. Those peace officers currently licensed in North Dakota and working for an agency who wish to obtain a reserve peace officer license may be issued a reserve peace officer license upon completion of the reserve peace officer application and payment of the reserve peace officer licensing fee.

N.D. Admin Code 109-02-02-05

Effective April 1, 2014
Amended by Administrative Rules Supplement 2022-384, April 2022, effective 4/1/2022.

General Authority: NDCC 12-63-02.3(5), 12-63-04(2)

Law Implemented: NDCC 12-63-02.3, 12-63-04, 12-63-06