Current through Register 1531, September 27, 2024
(1)
The division of certification shall conditionally recertify an officer if the
officer is unable to meet the standards for recertification solely due to
circumstances beyond the officer's control and which are attributable to the
officer's employing agency, the municipal police training committee, or the
commission.
(2) The division of
certification may conditionally recertify an officer in other appropriate
circumstances including, but not limited to, where:
(a) The officer's application for
recertification is substantially complete and does not reveal any basis for
denying recertification, but certain additional details need to be supplied or
certain information needs to be verified;
(b) The officer was unable to satisfy a
requirement for recertification because the officer was on approved leave
during the relevant time or because of another valid reason;
(c) The officer has experienced a
demonstrable hardship which has interfered directly with the officer's ability
to meet a requirement for recertification; or
(d) The officer has taken all required steps
in connection with the recertification process, but circumstances beyond the
officer's control have delayed a final decision on the officer's
application.
(3) An
officer shall not be required to satisfy any conditions attached to a
conditional recertification, nor shall any time periods associated with any
such conditions begin to elapse, before the conclusion of any review or
hearing, or the expiration of the time afforded for the officer to seek such
review or hearing, pursuant to 555 CMR 7.10.
(4)
Change in Certification
Status.
(a) When an officer fails
to satisfy a condition of a conditional recertification within the time
allowed, taking into account the provisions of 555 CMR 7.04(3), the division of
certification shall terminate the officer's certification, unless good cause
for an extension of time for the officer to satisfy the condition has been
shown.
(b) When an officer
satisfies all conditions of a conditional recertification within the time
allowed, taking into account the provisions of 555 CMR 7.04(3), and the
commission has not otherwise limited, restricted, or suspended the officer's
certification, the division of certification shall convert the conditional
recertification into a full certification with an expiration date of three
calendar years from the reference date for the officer.
(5) In all other respects, an officer who
holds a conditional certification is "certified," as that term is used in
M.G.L. c. 6E.
