W. Va. Code R. § 149-2-17
Current through Register Vol. XLI, No. 40, October 4, 2024
Section 149-2-17 - Certified Law Enforcement Officers Separated from Employment17.1. The certification of a law enforcement officer who is separated from his or her employment with any West Virginia law enforcement agency, shall immediately become inactive and remain inactive until the subcommittee authorizes reactivation of the officer's certification pursuant to the procedure set forth in this section.17.1.a. For the purposes of this Section, "separated" means an absence from duty from any West Virginia law enforcement agency as a result of retirement, resignation, or termination.17.1.b. A person whose law enforcement certification has become inactive and desires reactivation, shall apply to the subcommittee by proper application, to have his or her certification reactivated.17.1.c. A person who is employed by multiple law enforcement agencies simultaneously who separates from employment from any of these agencies shall be considered to be separated as previously defined.17.2. Whenever a law enforcement officer separates from a West Virginia law enforcement agency, the chief law-enforcement officer of that law enforcement agency shall notify the subcommittee, by a change of status form or electronic submission through the Law Enforcement Professional Standards Information System (LEPSIS), of the separation within ten days of the date of separation. Any law enforcement agency failing to submit a change in status form shall be listed in the annual report of Law Enforcement Professional Standards filed with the West Virginia Legislature. The notification of the separation from employment shall include, with specificity, the following reason or reasons the officer is no longer employed:17.2.c. Retirement or resignation in lieu of termination;17.2.d. Retirement or resignation while under investigation or allegations of misconduct; or17.3. Request to reactivate an officer's law enforcement certification. 17.3.a. Upon receipt of an application for reactivation, the Chair of the Subcommittee shall review the notification of separation received from the law enforcement agency with which the applicant was most recently employed. The Chair of the Subcommittee may grant the applicant a temporary reactivation of his or her certification until a final determination is made pursuant to subsection 17.5. of this Rule. The Chair of the Subcommittee shall notify the Subcommittee of his or her actions and decisions.17.3.b. Upon receipt of an application for reactivation, the Chair of the Subcommittee may request that the law-enforcement agency from which the applicant was most recently separated, to provide a copy of all information relevant to the applicant's separation from employment.17.3.c. To allow for the completion of the actions set forth in subdivisions 17.3.a. and 17.3.b. of this Rule the Chair may empower an employee of the Division to act upon his or her behalf to ensure that these actions are completed.17.4. Upon receipt of a request by the Subcommittee via certified mail or through electronic communications, the chief law-enforcement official of the law enforcement agency with which the applicant was most recently employed, or his or her designee, shall, within eight calendar days, provide the Subcommittee with a copy of information relevant to the applicant's separation of employment or other information requested by the Subcommittee. 17.4.a. An applicant is entitled to a copy of all documents or other materials submitted to the Subcommittee related to the application.17.5. Within thirty (30) days of the receipt of any information provided by the law enforcement agency, the Subcommittee shall review the information and issue a final decision. The thirty (30) days begin upon the Subcommittee's receipt of all applicable documents, records, etc. requested or subpoenaed.17.6. The Subcommittee shall approve an application for reactivation unless the Subcommittee affirmatively demonstrates, in writing, that the applicant has engaged in conduct that may result in his or her decertification, as provided in subsection 16.1. of this rule. Where information available to the Subcommittee indicates that the applicant has engaged in conduct that is in violation of this rule or other laws or rules, the Subcommittee may not grant the application for reactivation.17.7. An applicant whose certification is not reactivated pursuant to a final decision of the subcommittee, may appeal the final decision of the Subcommittee pursuant to section of this rule and W.Va. Code § 29A-4-1 et seq.17.8. Nothing in this section shall be construed to require the rehiring of a person by a law enforcement agency from which he or she was separated, even though the Subcommittee authorizes his or her certification to be reactivated.17.9. A law enforcement official, or appointing officer, or his or her designee, is immune from civil liability for providing to the Subcommittee any information required or requested by this section.17.10. All information and materials collected as a result of this section shall be retained in a computer database.17.10.a. The database shall be controlled by the Division and operated under rules and policies developed by the Division.17.10.b. Information maintained in the database may be released to a law enforcement official based upon policies established by the Division and the Subcommittee.W. Va. Code R. § 149-2-17