W. Va. Code R. § 149-2-10

Current through Register Vol. XLI, No. 40, October 4, 2024
Section 149-2-10 - Annual In-Service Training and Firearms Qualifications
10.1. Annual in-service training required by the Subcommittee for continued certification shall consist of a minimum of sixteen (16) hours, exclusive of firearms qualification.
10.1.a. A maximum of fifty percent (50%) of this training may be completed as part of on-line or web-based training program.
10.1.b. Certified law enforcement instructors may receive up to a maximum of eight (8) hours of annual in-service training credit for teaching in a Subcommittee approved annual in-service training course.
10.2. Each law enforcement agency shall require, at a minimum, semi-annual firearms qualifications of all active officers, with the officer's primary duty weapon, which unless previously requested and approved by the Subcommittee shall be considered the officer's handgun, one of which will be a low light firing for qualification. All qualifications shall be separated by a minimum period of three (3) months.
10.2.a. Each duty weapon qualification shall:
10.2.a.1. Be with the individual's unmodified primary service duty weapon;
10.2.a.2. Be on a course of fire requiring a minimum of thirty two (32) rounds;
10.2.a.3. Range from a distance of no less than three yards to a minimum of fifteen yards with the number of rounds to be fired at each distance and whether dominant hand or non-dominant hand assisted or unassisted to be set and published by the Subcommittee;
10.2.a.4. Be on a target with a scoring area set and published by the Subcommittee on the website of the Division on the page supporting the Subcommittee; and
10.2.a.5. Be conducted by a subcommittee approved firearms officer or firearms instructor.
10.2.b. The required course of fire in subdivision 10.2.a.3. of this rule established by the Subcommittee shall be available for review from the Subcommittee and shall be posted on the website of the Division on the page supporting the Subcommittee.
10.2.c. The minimum passing score for qualification shall be set and published by the Subcommittee on the website of the Division on the page supporting the Subcommittee.
10.2.c.1. The employing agency shall submit the qualification scores for each officer to the Subcommittee. Any law enforcement agency failing to report firearms qualification shall be listed in the annual report of the Subcommittee addressing officer training, qualification and certification actions completed during a training year (fiscal year cycle) filed with the Governor and the President of the Senate and the Speaker of the House of Delegates of the West Virginia Legislature.
10.2.d. The guidelines listed in subdivisions 10.2.a. and 10.2.c. shall be considered minimum standards and do not prohibit any law enforcement agency from establishing more stringent qualification standards as an agency policy.
10.3. To qualify for funding or credit for continued certification, all in-service curricula shall be approved in advance by the Subcommittee.
10.3.a. The Subcommittee reserves the right to review or approve itself or through its designee, on a case-by-case basis, any curricula that was not approved in advance, as required by subsection 10.3. of this Rule.
10.4. The training is preferred to be given in two (2) hour minimums; Provided that, exceptions may be granted by the Subcommittee or its designee.
10.5. Subject matter shall include the majority of subjects included in the entry level training curriculum or other subjects of a specialized nature determined to be relevant for the use by an officer in completing his or her assigned duties as a law enforcement officer in this state. Successful completion, as defined by the sponsoring or presenting training organization, is required for the training to be credited against the training requirement set forth in subsections 10.1. and 11.2. of this Rule.
10.6. Requests for training funds or in-service training credit approval shall consist of the following:
10.6.a. a list of the program objectives;
10.6.b. the names, titles and agencies of the instructors;
10.6.c. the date and time at which the training is scheduled;
10.6.d. the facility at which the training will be conducted; and,
10.6.e. the name, title and agency of the person in charge of the training.
10.7. Regulations of the host agency shall govern the conduct of the training program; however, each officer is required to attend and complete the full program and, if examinations are given, attain at least a 75% on the examination.

W. Va. Code R. § 149-2-10