W. Va. Code R. § 149-2-13

Current through Register Vol. XLI, No. 40, October 4, 2024

Section 149-2-13 - Certification of Law Enforcement Officers

13.1. Individual officers successfully completing an entry-level training program shall make written application to the Subcommittee requesting certification and shall demonstrate proof of the successful passage of the entry level law-enforcement examination set forth in subsection 13.7. of this Rule.

13.2. Individual officers who are certifiable via the equivalent certification provision of W. Va. Code §30-29-5 and section of this Rule shall make application to the Subcommittee for certification during the period that they are completing the training set forth in subdivision 14.1.e. of this Rule.

13.3. The Director of an approved academy shall promptly provide to the Subcommittee the names of officers and their agencies successfully completing or failing to complete an entry-level training program or the entry level law-enforcement examination.

13.4. The certification of each law enforcement officer is reviewed annually following his or her first certification by the Subcommittee or its designee and the head of the officer's employing West Virginia law enforcement agency to ensure employee compliance with the requirements set forth in this Rule.

13.5. Certification may be revoked or suspended if any law enforcement officer fails to complete the applicable in-service training and firearms qualification requirements set forth in sections 10 and 11 of this Rule.

13.6. As a requirement of certification, a law enforcement officer shall notify the Subcommittee within ten (10) days of being charged with a crime, excluding minor traffic offenses. A law enforcement officer who fails to notify the Subcommittee may have his or her certification revoked or suspended.

13.7. When required by W.Va. Code § 30-29-5(b), each person requesting certification as a law-enforcement officer from the Subcommittee shall demonstrate that he or she has passed the entry level law-enforcement examination established in this section, which shall consist of the following:

13.7.a. Written testing requirements approved by the Subcommittee;

13.7.a.1. The minimum passing grade on the written test is seventy-five percent (75%).

13.7.a.2. Applicants failing to obtain 75% on the written test may be allowed to retake the written test within ten (10) days after notice of the failure to pass. Applicants will be allowed to take the examination a maximum of three (3) times, unless otherwise approved in the sole discretion of the Subcommittee for good cause shown.

13.7.a.3. In the event the applicant passes the second or third written test, he or she may proceed with the application process. The scores of the original written test and any subsequent written tests will be recorded on the applicant's record.

13.7.a.4. Any applicant failing to pass after the third written test is not eligible for certification, unless otherwise approved by Subcommittee for good cause shown.

13.7.b. Documentation that the person continues to meet the medical standards as set forth in subsection 8.4. of this Rule;

13.7.c. Performance of the physical ability standards as set forth in subsection 8.5. of this Rule; and

13.7.d. A background check demonstrating that the person is of good moral character.

W. Va. Code R. § 149-2-13