(b) Upon notification the division has found
reasonable grounds for suspension or revocation, the peace officer may file a
request for review by the board and Commission. Use of the form Request for
Review of Peace Officer Certification, POST 2-359 (03/2023), herein
incorporated by reference, is encouraged. The request for review must be received or
postmarked within 30 calendar days of the latest date of mailing of the notice of
intent to revoke. The request for review is limited to a request to set the matter
for hearing. Additional evidence or argument will not be considered.
(1) The request shall be submitted to POST as
follows:
If by mail or hand delivery:
860 STILLWATER ROAD, SUITE 100
WEST SACRAMENTO, CA 95605
If by email: sb2@post.ca.gov
(2) If a request for review is received, the board
shall schedule a case for hearing, as soon as practicable, pursuant to Penal Code
section
13510.85.
(a) The division shall provide written
notification to the agency head that employs, or employed, the involved peace
officer of the request for review.
(b)
The division shall provide written notification to the peace officer of the date and
time of the board and Commission hearings.
(c) The division shall provide the peace officer
with a copy of the division's investigative summary and findings.
(c) The peace officer may voluntarily surrender
their certification permanently, pursuant to Commission Regulation 1210. If the
peace officer chooses to permanently surrender their certification they shall submit
a Voluntary Surrender of Peace Officer Certification, POST 2-358
(03/2023), herein incorporated by reference.
(d) If the peace officer does not file a request
for review within 30 calendar days, the peace officer's certification shall be
suspended or revoked, consistent with the division's determination, without further
proceedings, pursuant to Penal Code section
13510.85(a)(2).
(e) Board and Commission Hearing Review Process
(1) The division shall present its findings to the
board. Following conclusion of the division's presentation and any public comments
related to the case before the board, the board shall make a
recommendation.
(2) The division shall
present its findings, as presented to the board, including any information added to
the record during the board hearing and the board's recommendation, to the
Commission.
(A) During the hearings, no witness
testimony or presentation of additional evidence or argument is permitted.
(B) The peace officer or the peace officer's
representative may only address the issue of the sufficiency of the division's
findings before the board and Commission during the public comment period.
(C) Following the division's presentations to the
board and Commission:
1. The board shall make a
recommendation to the Commission, pursuant to Penal Code section
13510.85(a)(4).
2. The Commission shall make a determination,
pursuant to Penal Code section
13510.85(a)(5).
