Code of Massachusetts Regulations
555 CMR - PEACE OFFICER STANDARDS AND TRAINING COMMISSION
Title 555 CMR 9.00 - Initial Certification of Officers; and Renewed Certification of Independently Applying Officers
Section 9.08 - Division Evaluation of an Application

Universal Citation: 555 MA Code of Regs 555.9

Current through Register 1531, September 27, 2024

(1) Except as otherwise provided in 555 CMR 9.08(2), the Division may:

(a) Evaluate an application against the certification standards set forth in 555 CMR 9.08(2) in any order that the Division considers expedient; and

(b) Refrain from evaluating any standard upon determining that an applicant's failure to satisfy any other standard is sufficient to warrant denial of the application.

(2) Except as provided in 555 CMR 9.09, the Division may grant an application only if the Division determines that:

(a) The application satisfies the requirements of 555 CMR 9.04;

(b) The applicant and any endorsing agency have provided all information required of them as part of the application process;

(c) If the applicant was certified at the time of submitting the application, the applicant satisfies the standards stated in the following provisions:
1. 555 CMR 7.06(1): Attaining the Age of 21;

2. 555 CMR 7.06(2): Successful Completion of a High School Education or Equivalent;

3. 555 CMR 7.06(3): Successful Completion of Basic Training Program;

4. 555 CMR 7.06(4): Successful Completion of a Physical and Psychological Fitness Evaluation;

5. 555 CMR 7.06(6): Successful Completion of an Examination; and

6. 555 CMR 7.06(7): Possession of Current First Aid and Cardiopulmonary Resuscitation Certification;

(d) If the applicant was not certified at the time of submitting the application, the applicant satisfies the following standards:
1. Attaining the age of 21;

2. Successfully completing a high school education or obtaining a General Educational Development (GED) certification from an accredited program;

3. Successfully completing a basic training program approved by the MPTC;

4. Successfully completing a physical and psychological fitness evaluation that was required:
a. For graduation from an academy or training program certified by the MPTC;

b. For graduation from a training program prescribed by M.G.L. c. 22C; or

c. Pursuant to a policy adopted by the Commission;

5. Passing an examination that was required for completion of a basic training program approved by the MPTC; and

6. Possessing current first aid and cardiopulmonary resuscitation certificates or the equivalent;

(e) The applicant has passed a state and national background check conducted in accordance with 555 CMR 9.05;

(f) The applicant has successfully completed an oral interview conducted in accordance with 555 CMR 9.06;

(g) The applicant possesses good character and fitness for employment, based on the standards set forth in 555 CMR 9.07;

(h) The applicant has not been convicted of a felony;

(i) The applicant is not listed in the National Decertification Index or in the database of decertified law enforcement officers maintained by the Commission pursuant to M.G.L. c. 6E, § 13(a)(i);

(j) The Division has not concluded that, while previously employed in law enforcement in any state or United States territory or by the federal government, the applicant would have had a certification revoked by the Commission if employed by a law enforcement agency in the Commonwealth, which determination shall take into account:
1. The results of a background check of the applicant conducted in accordance with 555 CMR 9.05;

2. Any available information regarding the statements and conduct of the applicant in an oral interview conducted in accordance with 555 CMR 9.06;

3. An assessment of whether the applicant possesses good character and fitness for employment conducted in accordance with 555 CMR 9.07;

4. A determination of whether the applicant is listed in the National Decertification Index or in the database of decertified law enforcement officers maintained by the Commission pursuant to M.G.L. c. 6E, § 13(a)(i); and

5. All other available information regarding the applicant;

(k) The applicant has successfully completed all in-service training and retraining that was required by the MPTC or the Commission within the preceding three years, which determination shall take into account:
1. Information obtained from the MPTC; and

2. Information obtained from the Division of Police Standards established pursuant to M.G.L. c. 6E, § 8.

(3) If the Division determines that the applicant has not satisfied any of the certification standards set forth in 555 CMR 9.08(2), and has not found the circumstances described in 555 CMR 9.09(1)(a) to apply, the Division shall deny the application in accordance with 555 CMR 9.10.

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