Current through Register Vol. XLI, No. 21, May 23, 2024
Section 149-2-2 - [Effective 7/1/2024] Definitions2.1. "Approved law enforcement training academy" means any training facility that is approved and authorized by the Law Enforcement Professional Standards Subcommittee, to conduct law enforcement training.2.2. "Chief executive" means the superintendent of the West Virginia State Police; the chief Natural Resources Police officer of the West Virginia Division of Natural Resources; the sheriff of any West Virginia County; any administrative deputy appointed by the chief Natural Resources Police officer of the West Virginia Division of Natural Resources; the chief of any West Virginia municipal law-enforcement agency, or the chief of any campus police agency at state institutions of higher education.2.3. "Conviction" means an adjudication of guilt or a plea in a criminal case in this state or any other municipal, federal, tribal, military or state jurisdiction. "Conviction," when used in this rule applies to convictions entered both before and after the effective date of this section.2.4. "County" means any one of the 55 major political subdivisions of the state.2.5. "Director" or "Director of Training" means the person appointed by the head of agency operating an entry level training academy to be the person in charge of the operation of that academy.2.6. "Division" or "JCS" means the Division of Administrative Services (DAS) Justice and Community Services (JCS) Section of the Department of Homeland Security.2.7. "Exempt rank" means any noncommissioned or commissioned rank of sergeant or above as regarding the requirements set forth in this rule.2.8. "Firearms Officer" means any individual who has successfully completed a Subcommittee approved Law Enforcement Firearms Handgun Instructor course but is not certified as a Firearms Instructor as defined in subsection 5.2. of this rule.2.9. "Good standing" means any law enforcement officer that has not been denied certification or had his or her certification revoked or suspended by the Subcommittee pursuant to the provisions of this Rule; except that for the purposes of re-certification pursuant to section 149-2-15 of this Rule only, an officer is considered to be in good standing even if his or her certification was not renewed for failing to attend mandated in-service training because of his or her position as a law enforcement official.2.10. "Governor's Committee on Crime, Delinquency and Correction" or "Governor's Committee" or "Committee" means the Governor's Committee on Crime, Delinquency and Correction established as a state planning agency pursuant to W. Va. Code § 15-9-1 with duties as set forth in W. Va. Code § 30-29-3 and this Rule.2.11. "Inactive" as it relates to certification means the status of a previously certified officer upon separation from employment and prior to reactivation by the subcommittee thereby placing the individual in a non-law enforcement status as provided for in subsection 2.13. of this section.2.12. "Law enforcement officer" means any duly authorized member of a law enforcement agency who is authorized to maintain public peace and order, prevent and detect crime, make arrests and enforce the laws of the state or any county or municipality of the state, other than parking ordinances, including persons employed as campus police officers at state institutions of higher education, those persons employed by the Public Service Commission as motor carrier inspectors and weight enforcement officers, those persons employed as law enforcement officers at airport authorities and those persons employed as resort area rangers at resort area districts. Provided that, the term "law-enforcement officer" does not apply to the chief executive of any West Virginia law-enforcement agency or any watchman or special natural resources police officer.2.13. "Law enforcement official" means the duly appointed chief administrator of a designated law enforcement agency or a duly authorized designee.2.14. "Law Enforcement Professional Standards Information System" or "LEPSIS" means the electronic database used to track law enforcement officer employment status, training, firearms qualification, and certification.2.15. "Level 1 Instructor" means those individuals that have met the criteria established in this rule to conduct entry level and in-service training programs.2.16. "Level 2 Instructor" means those individuals that have met the criteria established in this rule to conduct instructor level training.2.17. "Municipality" means any incorporated town, village, or city whose boundaries lie within the geographic boundaries of the state.2.18. "Non-law enforcement status" means an officer may not wear the uniform of that agency, may not be armed, and will not perform the duties of a law enforcement officer as defined in W. Va. Code § 30-29-1 and subsection 8.3. of this Rule. An officer in non-law enforcement status shall not present himself or herself in any manner that a reasonable person would perceive him or her to be a law enforcement officer, except as provided for in state code. This Rule does not require an employing agency to create a non-enforcement position for applicants who are unable to complete the physical ability test for admission to an entry-level training program.2.19. "Reactivation" as it relates to certification means having an officer's status reinstated from inactive status.2.20. "Scholastic failure" means the failure of required graded academic examinations or evaluated skill courses.2.21. "Subcommittee" or "law enforcement professional standards subcommittee" means the subcommittee of the Governor's Committee on Crime, Delinquency and Correction established pursuant to W. Va. Code § 30-29-2 with duties as set forth in W. Va. Code § 30-29-3 and this Rule.2.22. "Trainee" means any individual attending an entry level related law enforcement certification training program.2.23. "West Virginia law enforcement agency" means any duly authorized state, county or municipal organization including any campus police agency at state institutions of higher education, airport police authorities, resort area districts or park police authorities employing one or more persons whose responsibility is the enforcement of law of the state or any county or municipality of this state.