Current through Register Vol. 49, No. 2, February 2024
(1)
CERTIFICATION REQUIRED
No individual shall serve, be employed or otherwise function as a
law enforcement officer in the state who is not eligible for certification by
the Commission at the appropriate classification for the position held by the
individual, except, an individual may serve, be employed or otherwise function
as a law enforcement officer for a term of nine (9) months from his initial
employment or appointment as a law enforcement officer. Upon the finding of
extraordinary circumstances, the Commission, by majority vote, may extend this
period by a maximum of three (3) months, for an absolute maximum period of
twelve (12) months. (See Regulation 1008 for exceptions.) All requests for
extensions must be submitted and received by the Commission prior to the end of
the 9 month period, or any extension thereof.
(2) Certificates may be issued by the
Commission for the purpose of raising the level of competence of law
enforcement, to recognize completion of training and education and to foster
cooperation among the Commission, agencies, groups, organizations,
jurisdictions and individuals.
(3)
Certificates remain the property of the Commission and the Commission shall
have the power to revoke or recall any certificate as provided in the Act.
(a) The Commission may revoke the
certification of any law enforcement officer after written notice and hearing
for any of the following reasons:
(i) The law
enforcement officer was separated from his or her employment due to a failure
to meet the minimum qualifications for employment or appointment as a law
enforcement officer,
(ii) The law
enforcement officer left employment due to conduct or involvement in any act
which is punishable by law.
(iii)
The law enforcement officer was dismissed from employment for a violation of
the Rules or Regulations of the law enforcement agency for which he was
employed.
(iv) The law enforcement
officer resigned while he was the subject of a pending internal
investigation.
(v) The law
enforcement officer falsified any information required to obtain
certification.
(vi) The
certification was issued in error or mistake by the Commission.
(vii) The individual has ceased to meet the
minimum standards for employment or appointment as established by Regulation
1002.
(viii) Committed a violation
of the Law Enforcement Code of Ethics as set out in Specification
S-21.
(b) The Commission
shall notify in writing any certified individual when the Commission believes
there is a reasonable basis for revoking certification of the individual. The
notice shall specify the basis of the revocation under this Act. Upon receipt
of the notice the individual The individual shall be given no less than (30)
days notice of the time and place set for the hearing unless the individual
agrees to accept less than thirty (30) days notice. The hearing shall be
confined to the basis stated in the notice. The individual is entitled to be
present at the hearing, to examine witnesses and to be assisted by counsel. If
the Commission finds grounds for revocation of the certification, it shall
enter its order stating what the grounds are for revoking certification. If it
finds that inadequate or no grounds exist, it shall dismiss the
proceedings.
(c) Should any portion
of this procedure ever be in conflict with any provisions of the State
Administrative Procedures Act, the State Administrative Procedures Act will be
followed in every case.
(d) Should
an officer lose certification or become ineligible for employment or training
as a direct result of the employing agency's failure to take any other action
required by the Commission, the officer may within ten (10) days after
notification that certification has expired, request a hearing before the
Commission. If the Commission finds that the loss of certification is through
no fault of the officer, but is the result of the employing agency's failure to
comply, the Commission may at its discretion extend the period of time set out
in Regulation 1003 (4) by sixty (60) days from the date of the hearing.
During the sixty (60) day extension period, the officer will be
scheduled for the required training course.
(e) The certification of any law enforcement
officer shall expire if the officer does not serve as a law enforcement officer
for six (6) consecutive months.
(f)
An individual who has had his certification revoked by the Commission shall not
be eligible to regain certification until such time as the Commission, at its
discretion and by majority vote, is satisfied that the individual is eligible
for re-certification.
(4) Basic, General, Intermediate, Advanced
and Senior certificates, are established for the purpose of fostering
professionalism, education, and experience necessary to adequately perform the
duties of the law enforcement service. Requirements for the Basic, General,
Intermediate, Advanced and Senior certificates are prescribed in Specification
S-15, "Certification of Law Enforcement Officers".
(5) Part-time I Law Enforcement Office,
Part-time II Law Enforcement Officer, Specialized Police Personnel and
Auxiliary Law Enforcement Officer certificates are established for the purpose
of recognizing those officers in these classifications who have met the
required minimum selection and training standards as provided for in this
manual. (See Specification S-15 and S-20)
(6) When determination of "eligibility for
certification" of officers, elected by a vote of the people as defined by Act
452 of 1975, becomes necessary for establishing qualifications to apply for,
file for, or hold certain positions or elective office as required by law,
procedures described in Specification S-15/5 shall apply.
CHIEF OF POLICE CERTIFICATE - (NON-
MANDATORY)
(1) In accordance
with Arkansas Code Annotated §
12-9-104,
the following are suggested selection and training requirements and
non-mandatory basic and advanced levels of certification for Chiefs of
Police.
(2) LEVEL ONE: In addition
to the requirements set forth in Section
1 of this specification, a Chief
of Police seeking the award of Chief of Police Certificate - Level One should:
(a) Hold intermediate law enforcement officer
certification or higher.
(b)
Complete a minimum of forty (40) hours of police supervision/management
training.
(c) Possess a minimum of
two (2) years of police supervisory or management experience.
(3) LEVEL TWO: In addition to the
requirements set forth in Section
1 of this specification, a Chief
of Police seeking the award of Police Certificate - Level Two should:
(a) Hold advanced law enforcement officer
certification or higher.
(b)
Successfully complete a police supervision and/or management course of
instruction of four (4) weeks or more duration, such as the FBI Academy or the
School of Police Supervision offered by the Arkansas Criminal Justice Institute
or a comparable course such as those offered by the Southwestern Legal
Foundation, Southern Police Institute, or Northwestern University.
(c) Possess a minimum of five (5) years'
experience as a police chief or staff level command officer.
(4) SENIOR CHIEF: In addition to
the requirements set forth in Section
1 of this specification, a Chief
of Police seeking the award of Chief of Police Certificate - Senior Chief
should:
(a) Hold the senior law enforcement
officer certification.
(b)
Successfully complete a police supervision and/or management course of
instruction of four (4) weeks or more duration, such as the FBI Academy or the
School or Police Supervision offered by the Arkansas Criminal Justice Institute
or a comparable course such as those offered by the Southwestern Legal
Foundation, Southern Police Institute, or Northwestern University.
(c) Possess a minimum of five (5) years'
experience as police chief.
