S.D. Admin. R. 2:01:02:01

Current through Register Vol. 51, page 54, October 28, 2024

Section 2:01:02:01 - Minimum standards for employment

A person may be employed or certified as a law enforcement officer only if the person:

(1) Is a citizen of the United States;

(2) Is at least 21 years of age at the time of appointment;

(3) Has fingerprints taken by a qualified law enforcement officer;

(4) Is of good moral character;

(5) Is a graduate of an accredited high school or has a high school equivalency certificate acceptable to the commission;

(6) Is examined and certified, on forms prescribed by the commission, by a licensed physician, physician assistant, or nurse practitioner to be able to perform the duties of a law enforcement officer;

(7) Is interviewed in-person by the hiring agency or its designated representative before employment. The interview must include questions to determine the person's general suitability for law enforcement service, appearance, personality, temperament, ability to communicate, and other characteristics reasonably necessary to the performance of the duties of a law enforcement officer;

(8) Has undergone a background investigation by the hiring agency that includes an inquiry into the person's driving history, criminal history, previous employment, personal references, credit reports, social media accounts, and law enforcement training records;

(9) Takes the oath of office as required by SDCL 9-14-7 or 3-1-5. The oath may be taken before the nearest available judge of a court of record;

(10) Has not unlawfully used any prescribed drug, controlled substance, or marijuana within one year before the time of application for certification; and

(11) Has not had certification revoked, suspended, consented to decertification, had an application for certification refused, committed an act in violation of chapter 2:01:11, has been dismissed from a basic law enforcement training program as a result of an act in violation of any basic academy handbook, or has been dismissed form a basic law enforcement training program due to an academic or skills failure, unless the commission upon application declares the person eligible for employment or certification.

S.D. Admin. R. 2:01:02:01

SL 1975, ch 16, § 1; 2 SDR 37, effective 11/20/1975; 8 SDR 82, effective 1/13/1982; 11 SDR 135, effective 4/14/1985; 12 SDR 1, effective 7/17/1985; 14 SDR 81, effective 12/6/1987; 25 SDR 34, effective 9/16/1998; 28 SDR 150, effective 5/2/2002; 32 SDR 225, effective 6/26/2006; 42 SDR 19, effective 8/13/2015; 47 SDR 041, effective 10/12/2020; 47 SDR 130, effective 6/6/2021; 50 SDR 063, effective 11/28/2023

General Authority: SDCL 23-3-35(2).

Law Implemented: SDCL 23-3-35(2), 23-3-42.