Nebraska Administrative Code
Topic - LAW ENFORCEMENT AND CRIMINAL JUSTICE
Title 79 - LAW ENFORCEMENT - POLICE STANDARDS ADVISORY COUNCIL
Chapter 11 - FIREARMS CERTIFICATION STANDARDS
Section 79-11-008 - Waivers of Annual Qualification and Extensions of Instructor Recertification

Universal Citation: 79 NE Admin Rules and Regs ch 11 ยง 008

Current through March 20, 2024

008.01 Waiver of Annual Handgun Qualification: Agency administrators or the individual officer may request that the Council grant a waiver of the annual handgun qualification requirement The request for a waiver may be submitted on the agency qualification report to the Training Center or by letter to the Council. Persons may receive a waiver of the annual handgun qualification for an extreme hardship and/or when officers are on an extended leave of absence from the agency.

008.01A The request for waiver must include the following information:
008.01A(1) The conditions under which the waiver is being requested, for example, military duty, medical, extended leave of absence.

008.01A(2) The type of illness and or injury if the condition is medical.

008.01A(3) The date the condition first became effective and the date the condition ended if it did end in the same calendar year.

008.01B Unless a waiver is granted, any officer working as an law enforcement officer is required to demonstrate he/she has attended firearms training and successfully passed the Nebraska State Handgun Qualification prior to conducting any of the duties of a law enforcement officer.

008.01C Waivers granted by the Council shall apply to the qualification requirements for that calendar year. Continuing hardships shall require a new request for a waiver for each year.

008.01D All requests for waivers from the preceding year must be received by the Council no later than the 1st day of February of the next calendar year for consideration of the waiver request. Any submitted request will be considered at the next scheduled Council meeting.

008.01E In all cases of requesting a waiver of the annual handgun qualification requirement or requesting an extension of the recertification deadline, the burden of proof shall be on the requesting party to establish by a preponderance of the evidence that the individual falls within the purview of the enumerated exceptions.

008.02 Extension of Recertification Qualification

An individual Firearms and/or Patrol Rifle instructor may request an extension of the three-year recertification requirement when he/she was unable to attend the Recertification Course due to active duty commitment with the armed forces, has a documented medical condition that prohibits recertification, when the agency has a demonstrated agency emergency or when the individual has an agency-approved leave of absence that prevents the instructor from attending the Recertification Course. In cases where an extension is granted, the instructor must attend the next available Recertification Course or must complete the Recertification Course or its equivalent within one year from the date of the extension. If such recertification training is not completed in that time, the individual's Firearms Instructor Certificate and/or Patrol Rifle Instructor Certificate shall become void and no other extensions shall be granted by the Council.

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