Idaho Administrative Code
Title IDAPA 11 - Police, Idaho State
Rule 11.11.01 - RULES OF THE IDAHO PEACE OFFICER STANDARDS AND TRAINING COUNCIL
Section 11.11.01.111 - DECERTIFICATION PROCEEDINGS-GENERAL PROVISIONS
Current through August 31, 2023
01. Legal Authority. In accordance with the Idaho Rules of Administrative Procedure of the Attorney General, IDAPA 04.11.01.050, the Council partially declines to adopt the procedures established in IDAPA 04.11.01, but to the extent that the Council does adopt specific rules found in IDAPA 04.11.01 et seq. those rules are specified below. The procedures for fair hearings are provided within these rules to meet the unique requirements of the law enforcement profession for expeditious resolution of contested cases in order to assure public safety and to secure a just, speedy and economical determination of all matters presented to the Council. These procedures meet or exceed minimum Constitutional requirements for due process while allowing the Council to fulfill its obligations to protect the safety of the public and the integrity of the law enforcement profession. (3-31-22)
02. Overview. Pursuant to Idaho Code Section 19-5113, the Division Administrator shall investigate all trustworthy allegations of misconduct by a person holding POST certification and determine whether decertification proceedings will be commenced. (3-31-22)
03. Stipulation or Relinquishment. At any time during the course of an investigation, the person being investigated may stipulate to decertification or otherwise relinquish their certifications. (3-31-22)
