Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The commission shall cancel the appointment to
the POST agency roster of a peace officer for the following reasons:
(1) The appointment was made as a result of
misrepresentation or fraud.
(2) The
appointment was made as a result of administrative error on the part of the
commission or the employing agency.
(3)
An audit revealed the appointee did not meet the minimum hiring and selection
standards required at the time of appointment.
(b) Upon a determination made in accordance with
subdivision (a)(2) or (3) that an appointment resulted from a deficiency in file
documentation, the commission shall notify the agency of the deficiency in writing
and shall permit the agency an opportunity to correct the deficiency. A failure to
correct the deficiency within 30 days from the date of mailing of the commission's
notice to the agency will result in cancellation of the appointment to the POST
agency roster by the commission, in accordance with subdivision (c).
(1) If the deficiency is corrected within 30 days,
the agency shall notify the commission of the correction and, upon confirmation by
the commission that the deficiency has been corrected, documentation of the
correction will be placed in the agency file and no further action will be
taken.
(2) Upon request, the commission
shall grant up to two 30-day extensions for good cause.
(c) Written Notice of Cancellation of Appointment
to the POST Agency Roster
(1) In any case in which
the commission cancels an appointment to the POST agency roster, the commission
shall notify the agency head of the peace officer's name, the specific reason for
the cancellation, the appointment cancellation date, and the procedure for
requesting an appeal of the cancellation.
(2) A notice of cancellation may be appealed in
accordance with subsection (d).
(d) Appeals
(1)
An appeal will be considered timely if the appeal and all supporting documentation
is submitted in writing to the Executive Director and postmarked within 20 business
days of the date of the mailing of the Executive Director's decision to the agency.
(A) Appeals received at least 20 business days
prior to the next scheduled Commission meeting will be heard at that
meeting.
(B) Appeals received with less
than 20 business days remaining prior to the next scheduled Commission meeting will
be heard at the next following scheduled meeting.
(C) The commission shall notify the appellant of
the date, time, and location of the hearing within 15 business days of the receipt
of the appeal by the commission.
(D) At
an appeal hearing, the Commission shall consider the staff report, the appeal
documentation received from the appellant, and any other evidence presented at the
hearing. Following deliberation, the Commission shall notify the appellant of its
decision upon reconvening in open session.
(e) Cancellation of Proof of Eligibility
Upon cancellation of an appointment to the POST agency roster, the
corresponding Proof of Eligibility shall also be cancelled.
1. New section
filed 5-5-2023; operative 5-5-2023 pursuant to Government Code section
11343.4(b)(3)
(Register 2023, No. 18).
Note: Authority cited: Sections
13503,
13506 and
13510.1, Penal Code.
Reference: Section
1029,
Government Code; and Section
13510.1, Penal
Code.
