Administrative Rules of Montana
Department 23 - JUSTICE
Chapter 23.13 - PUBLIC SAFETY OFFICER STANDARDS AND TRAINING (POST)
Subchapter 23.13.1 - Organization
Rule 23.13.102 - DEFINITIONS
Current through Register Vol. 6, March 22, 2024
As used in this chapter, the following definitions apply:
(1) "Allegation" means:
(2) "Certification" or "certificate" means any basic or advanced standards and training certification granted by the council after completion of the specific requirements as set forth in these rules.
(3) "Contested case" means a civil administrative proceeding that progresses pursuant to notice and hearing as outlined in MAPA and these rules, and which is initiated by a request for a hearing from an officer after the officer has received a notice of agency action imposing denial, sanction, suspension, or revocation by the director when the case could not be settled at the preliminary stage of review, investigation, or informal proceeding.
(4) "Conviction" means a judgment or sentence entered upon a guilty or nolo contendere plea or upon a verdict or finding of guilty rendered by a legally constituted jury or by a court of competent jurisdiction authorized to try the case without a jury, without regard to the sentence imposed or whether the charge is later dismissed.
(5) "Council," "POST Council," or "POST" means the Public Safety Officer Standards and Training Council as created by 2-15-2029, MCA.
(6) "Denial," "deny," or "denied" means POST's permanent refusal to issue a basic certificate in any discipline, due to any violation of ARM 23.13.702 or 23.13.803.
(7) "Director" or "executive director" means the executive director of the Public Safety Officer Standards and Training Council.
(8) "Employing authority," "employing agency," "appointing authority," or "governmental unit" means any entity that is statutorily empowered with administration, supervision, hiring or firing authority, training, or oversight over a public safety agency or officer. This may include but is not limited to: the chief of police, mayor, county attorney, city council, warden, sheriff, etc.
(9) "Equivalency" means the process through which an officer who has successfully completed a basic course that is taught or approved by a federal, state, local, or United States military law enforcement agency, that satisfies the basic training requirement for that agency, may obtain a Montana POST basic certificate without completing the MLEA basic academy.
(10) "Field training" means instruction, training, or skill practice rendered to an officer by another officer or officers on a tutorial basis during a tour of duty while performing the normal activities of that officer's employment.
(11) "Hearing examiner" means the chair or the council's designated representative, who regulates the course of a contested case proceeding or other hearing held by the council, pursuant to 2-4-611, MCA and these rules. Powers of a presiding officer are the same as those of a hearing examiner.
(12) "In-service training" means training which is not POST-approved training and which is provided to public safety officers to review and develop skills and knowledge for a specific officer's needs.
(13) "Lateral POST training credit" means training which has been provided to a public safety officer who was formerly employed by a federal agency, state, tribe, county, municipality, city, or town, which is not a Montana public safety agency, and who is currently employed by a Montana public safety agency, when that training meets the requirements of POST-approved training. Lateral POST training credit will not be entered on an officer's POST transcript, but it may be used toward POST certificates as outlined in these rules.
(14) "MAPA" means the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, MCA.
(15) "Misconduct" means any action or conduct that could potentially result in denial, sanction, suspension, or revocation of POST certification pursuant to ARM 23.13.702 or a violation of the code of ethics contained in ARM 23.13.803.
(16) "Misdemeanor probation/pretrial services officer" means a public safety officer who regularly performs the following functions as part of their work assignment:
(17) "MLEA" or "Academy" means the Montana Law Enforcement Academy.
(18) "Notice of agency action" means the document that:
(19) "Party" means one side, or its representative, in a preliminary investigation or contested case proceeding, usually the respondent and/or POST.
(20) "POST-approved training" means training reviewed and approved by POST pursuant to these rules for which POST gives training credit, including but not limited to basic, regional, and professional courses.
(21) "POST-certified instructor" means a public safety officer, as defined in these rules, who has met the requirements for and received an Instructor Certificate pursuant to these rules, and who may apply for and receive POST-approved training credit pursuant to these rules for trainings the officer conducts.
(22) "POST-certified instructor" means a public safety officer, as defined in these rules, who has met the requirements for and received an Instructor Certificate pursuant to these rules, and who may apply for and receive POST-approved training credit pursuant to these rules for trainings the officer conducts.
(23) "Public safety officer" means an officer, as defined in 44-4-401, MCA. Nothing in these rules may be construed to apply the requirements of 7-32-303 or 44-4-403, MCA, to an elected sheriff or coroner.
(24) "Reject" or "rejection" means POST's refusal of any request or application by a public safety officer or a public safety agency, which is not a denial as defined in these rules.
(25) "Public safety officer" means an officer, as defined in 44-4-401, MCA. Nothing in these rules may be construed to apply the requirements of 7-32-303 or 44-4-403, MCA, to an elected sheriff or coroner.
(26) "Reject" or "rejection" means POST's refusal of any request or application by a public safety officer or a public safety agency, which is not a denial as defined in these rules.
(27) "Respondent" means the public safety officer against whom an allegation of misconduct has been made, or the officer's legal representative.
(28) "Sanction" means a consequence or punishment for a violation of ARM 23.13.702, 23.13.803, or the laws or rules of Montana.
(29) "Sexual misconduct" is defined as:
(30) "Substance abuse" means the use of illegal drugs, other illegal substances, or legally acquired drugs in a manner that substantially limits the officer's ability to perform the essential duties of a public safety officer, or poses a direct threat to the health or safety of the public or a fellow officer.
(31) "Suspension" means the annulment, for a time period set by the director or council, of a public safety officer's POST certificate, certification, and certifiability, such that the performance of public safety or peace officer duties is not permitted during that period of time.
(32) "Voluntary surrender" means a public safety officer agrees to the revocation of the officer's certificate.
AUTH: 2-15-2029, MCA; IMP: 2-15-2029, 7-32-303, 44-4-403, MCA