W. Va. Code R. § 149-2-15

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

Section 149-2-15 - Re-certification Requirements

15.1. The purpose of this section is to establish guidelines for the retraining of certified law enforcement officers who have not performed the duties and essential functions of an entry-level law enforcement officer as defined in subsection 8.3. of this Rule and who have not obtained mandated in-service training as required by subsections 10.2. and 11.2. of this Rule or qualified with their weapon as required in subsection 10.2. of this Rule. For the purposes of this Section, "separated" means any absence from duty, regardless of remedies or status available to the officer, which results in the officer not performing the duties of an entry-level law enforcement officer in West Virginia. This may include, but is not limited to the following: extended active military service; injuries or illness which result in the officer receiving temporary disability, sick leave, or workers compensation benefits; suspensions from an agency regardless of the final outcome; placement of an officer on light duty which exceeds twenty-four months; termination; or resignation.

15.2. Law enforcement officers, or law enforcement officials who desire to re-certify as a law enforcement officer, who have been separated from a law enforcement agency for twenty-four (24) months or less; who are in good standing; and who were certified under the provisions of W. Va. Code § 30-29-5; and have been reappointed as a law enforcement officer or law enforcement official by a law enforcement agency; are not required to meet entrance level standards again if:

15.2.a. Within ninety (90) days from the date of employment the individual attends and completes the mandated in-service training for the period and rank; and,

15.2.b. Within ninety (90) days from the date of employment the individual qualifies with his or her duty weapon.

15.3. Law enforcement officers, or law enforcement officials who desire to re-certify as a law enforcement officer, who have been separated from a law enforcement agency for more than twenty-four (24) months, but less than sixty (60) months; who are in good standing; and who were certified under the provisions of W. Va. Code § 30-29-5; and have been reappointed as a law enforcement officer or law enforcement official by a law enforcement agency; are required to either test for credit in lieu of attending any of the classes required for re-certification or, attend and successfully complete within twelve (12) months of the date of employment, the following courses: Provided, That the Subcommittee may grant a waiver under extenuating circumstances. The Subcommittee may, at its discretion, require a course to be completed and not allow a test for credit.

15.3.a. Firearms Training and Certification;

15.3.b. Emergency Vehicle Operations Course;

15.3.c. Defensive Tactics;

15.3.d. Laws of Arrest;

15.3.e. West Virginia Motor Vehicle Law;

15.3.f. Criminal Law Update;

15.3.g. Domestic Crimes; and,

15.3.h. Laws of Search and Seizure.

15.4. Law enforcement officers, or law enforcement officials who desire to re-certify as a law enforcement officer, who have been separated from a law enforcement agency in this state for more than sixty (60) months must first receive the approval of the Subcommittee to be re-certified as a law enforcement officer under the process set forth in subsection 15.3. of this section. The Subcommittee, on review of the entry level training and other training completed by a law enforcement officer who has had such a separation, may prescribe training to be completed in addition to the classes set forth in subsection 15.3. of this section. When determined necessary by the Subcommittee the amount of additional training required may require that the law enforcement officer attend the full entry level training program in effect at the time that the review is being completed.

15.5. Within ninety (90) calendar days of their date of employment, re-certification applicants who meet the guidelines set forth in subsection 15.3. of this section shall submit a completed application to the academy which shows they meet the requirements for admission to an entry-level training program.

15.6. Applicants for re-certification by prior arrangement with the academy may test for credit in any of the classes required for re-certification. If applicable, the applicant passes both written and practical tests at the academy standard to receive credit for the class. If the applicant does not meet the academy standard on any written or practical test, the applicant shall attend and meet the academy standard for each of the entry level courses failed by the applicant.

W. Va. Code R. § 149-2-15