Okla. Admin. Code § 390:10-1-7

Current through Vol. 42, No. 4, November 1, 2024

Section 390:10-1-7 - Withdrawal, voluntary withdraw, suspension, revocation and reinstatement of certification

(a)"Withdrawal" defined. A withdrawal of certification is the voluntary surrender of peace officer certification by an officer that has been certified pursuant to the provisions of 70 O.S. 3311 et seq and who is the subject of an investigation into, or a pending or concluded proceeding involving, allegations of violation of any of the provisions of 70 O.S. 3311 et seq or CLEET rules. "Withdrawal" does not include the voluntary surrender of peace officer certification by an officer who is in good standing with CLEET and is not the subject of such an investigation or proceeding.

(1) An officer requesting a withdrawal of certification must notify CLEET of his or her intent in writing to voluntarily surrender peace officer certification and have his name withdrawn from the list of Oklahoma certified peace officers.

(2) If an officer is requesting withdrawal by voluntary surrender of peace officer certification based upon completed, pending or contemplated criminal proceedings, the officer must include in the notice to withdraw certification, a certified copy of the charges, sentencing agreement or other information to support the action. This would include any deferred sentencing agreement.

(3) When a request for withdrawal of certification has been received by CLEET, the supporting documents will be verified and an investigation conducted to determine the facts for the stated underlying purpose of the withdrawal of certification.

(4) CLEET will enter a Final Order of Withdrawal which will include the peace officer's request to voluntarily surrender pending investigation or proceeding and documentation requiring the voluntary surrender of a certification. The Final Order must be signed by the Director and must include:

(A) A statement by the officer that the withdrawal and surrender of peace officer certification is voluntary; and/or is ordered by the court.

(B) A statement of the underlying facts for the withdrawal.

(C) A statement that the information gathered during the investigation of the request for withdrawal or surrender may be submitted as evidence at a hearing upon the request of the officer for reinstatement of certification;

(D) A statement that the officer cannot file a request for reinstatement for a minimum of five (5) years from the date of the entry of the Final Order of Withdrawal.

(b)Voluntary surrender. A peace officer who is in good standing with CLEET and who is not the subject of an investigation into, or a pending or concluded proceeding involving, allegations of violation of any of the provisions of 70 O.S. 3311 et seq. or CLEET rules, may voluntarily surrender such officer's peace officer certification.

(1) An officer wishing to voluntarily surrender certification must notify CLEET of his or her intent in writing to voluntarily surrender peace officer certification and have his or her name removed from the list of Oklahoma certified peace officers, provide a signed and notarized statement that such request is not made to avoid investigation or the outcome of a pending or concluded proceeding involving allegations of violation of any of the provisions of 70 O.S. 3311 et seq. or CLEET rules, and return to CLEET his or her CLEET card.

(2) Upon receipt of the officer's written intent to voluntarily surrender and the officer's CLEET card, CLEET will enter a Final Order of Voluntary Surrender which will include the peace officer's request and statement described in subparagraph (1) above and will be signed by the Director.

(3) An officer who voluntarily surrendered his or her certification pursuant to this subsection may apply for reinstatement without regard to any particular time restriction.

(c)Suspension. The certification of a peace officer may be suspended pursuant to the provisions of 70 O.S. Section 3311 et seq. and CLEET rules.

(1) If any action against a peace officer results in the suspension of peace officer certification, the suspended officer shall not engage in law enforcement activities of any type during the period of suspension. Any peace officer found to be engaging in law enforcement activities of any kind during the period of suspension shall be subject to revocation of peace officer certification without prior notice but otherwise subject to administrative proceedings.

(2) When permitted by law, the officer and CLEET may enter an agreement for the suspension of peace officer certification. The Agreed Final Order of Suspension must include the length of the suspension.

(3) Administrative actions involving actions against a peace officer in which suspension of peace officer certification is provided by law, shall be conducted in accordance 70 O.S. 3311, the Administrative Procedures Act, OAC 390:2-1 et. seq and this chapter.

(4) A suspension ordered after administrative hearing shall state the term of the suspension. Unless otherwise provided by law, the Hearing Examiner may establish a reasonable length of suspension.

(d)Revocation. The certification of a peace officer may be revoked pursuant to the provisions of 70 O.S. Section 3311 et seq. and CLEET rules.

(1) If any action against a peace officer results in the revocation of peace officer certification, the revoked officer shall immediately cease to engage in law enforcement activities of any type. Any peace officer found to be engaging in law enforcement activities of any kind may be subject to additional administrative or criminal actions.

(2) Administrative actions involving actions against a peace officer in which revocation of peace officer certification is provided by law, shall be conducted in accordance 70 O.S. 3311, the Administrative Procedures Act, OAC 390:2-1 et. seq and this chapter.

(e)Reinstatement.

(1) An officer who has had peace officer certification withdrawn, suspended or revoked, who has voluntarily surrendered his or her certification, may have peace officer certification reinstated through the following procedures:

(A) The officer shall file a request for reinstatement in writing, under oath.

(B) The request shall require the applicant to furnish information reasonably required to enable the Council to determine the fitness of the applicant for certification.

(2) The request for reinstatement shall be referred to the Assistant Director for processing of the request.

(3) The request will be reviewed by the Assistant Director and General Counsel to approve or deny the request. The following factors will be considered during the review:

(A) Circumstances surrounding the withdrawal, suspension, revocation or voluntary surrender of certification;

(B) Successful completion of any terms of suspension.

(C) Any pending charges or actions in this state or any other state; any convictions, including verdicts of guilt or entry of pleas of guilty or nolo contendere or an "Alford" plea or any plea other than not guilty to any felony, crime of domestic violence, or crime of moral turpitude in this state or any other state, and any final orders of protection entered against the applicant; and

(D) Activities of applicant during the period of suspension or following withdrawal, revocation, or voluntary surrender.

(4) Time for reinstatement applications:

(A) An applicant who voluntarily surrendered his or her certification while in good standing with CLEET and not the subject of an investigation into, or a pending or completed proceeding involving, allegations of violation of 70 O.S. 3311 et seq. or CLEET rules, may apply for reinstatement at any time;

(B) An applicant whose certification was suspended may apply for reinstatement upon the expiration of the suspension period;

(C) An applicant whose certification was revoked or who withdrew his or her certification while the subject of an investigation into, or a pending or completed proceeding involving, allegations of violation of 70 O.S. 3311 et seq. or CLEET rules, may apply for reinstatement after at least five (5) years have passed since the entry of the Final Order of Withdrawal or Revocation.

(D) That an applicant has waited the appropriate time period before applying for reinstatement does not guarantee that a reinstatement will be granted. Such application is subject to review as provided for in these rules.

(5) CLEET may require an applicant for reinstatement to successfully complete certain refresher training either before granting reinstatement or within a specific time following reinstatement.

Okla. Admin. Code § 390:10-1-7

Added at 18 Ok Reg 3078, eff 7-12-01; Amended at 19 Ok Reg 2668, eff 7-11-02; Amended at 21 Ok Reg 2439, eff 7-1-04; Amended at 25 Ok Reg 2495, eff 7-15-08; Amended at 28 Ok Reg 1731, eff 6-25-11

Amended by Oklahome Register, Volume 33, Issue 23, August 15, 2016, eff. 8/25/2016

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018

Amended by Oklahoma Register, Volume 37, Issue 24, September 1, 2020, eff. 9/11/2020

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/11/2022