New Jersey Administrative Code
Title 13 - LAW AND PUBLIC SAFETY
Chapter 1 - POLICE TRAINING COMMISSION
Subchapter 1 - DEFINITIONS
Section 13:1-1.1 - Definitions
Current through Register Vol. 56, No. 18, September 16, 2024
The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.
"Adverse licensure action" means a disposition on charges, after affording an opportunity to be heard, which may include, but is not limited to:
1. A suspension of a license for a definite period;
2. The placement of limitations or restrictions on a license;
3. A revocation of a license;
4. A requirement that the law enforcement officer complete care, counseling, or treatment, as a condition to deferring imposition of other actions; and
5. A stayed suspension or probation, which may be vacated upon noncompliance with terms as the Commission may impose.
"Applicant" means an individual who applies to the Commission to become licensed as a law enforcement officer in accordance with N.J.S.A. 52:17B-71a et seq., and this chapter.
"Appointing authority" means a person or group of persons having the power of appointment to or removal from offices, positions, or employment under the jurisdiction of the Police Training Commission.
"Approved school" means a school approved and authorized by the Police Training Commission to give police training courses or a training course for law enforcement officers.
"Background investigation" means an evaluation of an individual in accordance with the standards set forth at N.J.A.C. 13:1-10.3.
"Basic Course" means an entry-level training course at a Commission-approved school designed for trainees who are required by law to be trained under Commission jurisdiction.
"Certification" means a written statement issued by the Commission attesting that a school or individual has complied with Commission requirements for training.
"Commission" means the Police Training Commission, or officers or employees thereof, acting on its behalf.
"Commission Chairperson" means the Attorney General of the State of New Jersey or their designee.
"Commission staff" means those employees of the Division of Criminal Justice/Office of Public Integrity and Accountability within the Department of Law and Public Safety assigned by the Director to administer the Police Training Act.
"Conflict of interest or appearance of bias" may include, but is not limited to, matters where a party in an adverse licensure action is an individual with whom a Commission member or hearing officer has an employment relationship; or is a relative or friend, or is an executive officer of a professional organization, association, or union with which the Commission member or hearing officer is affiliated. Any perceived conflict of interest will be reviewed on a case-by-case basis.
"Conviction" means, pursuant to any state or Federal law, a finding or verdict of guilt, a plea of guilty, or a plea of no lo contendere in a criminal proceeding, regardless of whether the adjudication of guilt or sentence is withheld or not entered thereon or whether the conviction has been expunged.
"County" means any county which within its jurisdiction has, or shall have a law enforcement unit.
"Curriculum" means a specific course or the aggregate of courses of study at a Commission-approved school.
"Discipline subject to appeal" means a removal, disciplinary demotion, suspension, or fine of more than five days, or fewer where the aggregate number of days the employee was suspended or fined in any one calendar year is 15 or more days, or where the employee received more than three suspensions or fines of five days or fewer in one calendar year. "Five days" shall be equivalent to 40 hours, based on the officer's shift schedule.
"Discrimination" means disparate treatment of or having a disparate impact on an individual or group based on race, color, national origin, ancestry, age sex, marital status, sexual orientation, gender identity or expression or any other protected characteristic pursuant to the Law Against Discrimination, N.J.S.A. 10:5-1 et seq.
"Employment-related information" means written information in an employer's records, internal affairs files, or personnel files that relates to an applicant's performance or behavior while employed, including all performance evaluations, complaints (regardless if deemed unfounded or unsubstantiated), disciplinary records, records concerning investigations of misconduct (regardless of the result of the investigation), and records concerning reasons for separation and eligibility for rehire.
"Hearing officer" means an impartial individual, designated by the Commission to conduct licensing hearings.
"Inactive status" means the status of a previously licensed law enforcement officer upon separation from employment and prior to reactivation by the Commission thereby placing the individual in a non-law enforcement status who is no longer authorized to function in the capacity of a law enforcement officer. Placing a licensee in inactive status is not a punitive action to be taken by the Commission. A licensee placed on inactive status does not need to be reported to the "National Decertification Index" or any successor database.
"In-service course" means any Commission-approved course of study which a trainee shall attend after completion of the basic course.
"Institution of higher learning" means any college or university licensed by the New Jersey Commission on Higher Education.
"Law enforcement officer" means any person who is employed as a sworn member of any state, county, or municipal law enforcement unit, department, division, or instrumentality of those governments who is statutorily empowered to act for the detection, investigation, arrest, conviction, detention, or rehabilitation of persons violating the criminal laws of the State. This term shall include, but is not limited to, sworn members of the New Jersey State Police, the Division of Criminal Justice, and the Juvenile Justice Commission; State correctional police officers pursuant to N.J.S.A. 2A:154-4; county correctional police officers pursuant to N.J.S.A. 2A:154-3; State Parole officers pursuant to N.J.S.A. 2A:154-4; special law enforcement officers of all classes pursuant to N.J.S.A. 40A:14-6.8 et seq.; humane law enforcement officers appointed pursuant to N.J.S.A. 4:2214.1 or 4:22-14.4; transit police officers appointed by New Jersey Transit pursuant to N.J.S.A. 27:25-15.1; campus police officers appointed pursuant to N.J.S.A. 18A:6-4.2 et seq.; campus police officers appointed pursuant to N.J.S.A. 18A:6-4.2; Burlington County Bridge Commission Police, pursuant to N.J.S.A. 27:19-36.3; and Palisades Parkway Police pursuant to N.J.S.A. 32:14-21. For purpose of this chapter, "police officer" shall be synonymous with "law enforcement officer."
"Law enforcement unit" means any state, county, or municipal law enforcement agency, department, division, or instrumentality of such government that is statutorily empowered to act for the detection, investigation, arrest, conviction, detention, or rehabilitation of persons violating the criminal laws of the State, and shall include all agencies that employ law enforcement officers as defined in this section. For purposes of this chapter, "law enforcement agency" shall be synonymous with "law enforcement unit."
"Licensing committee" means the committee established by the Commission to perform duties with respect to law enforcement officer licensing as set forth at N.J.S.A. 52:17B-71a.
"Medical examination" means a fitness evaluation of an individual by a licensed physician, physician assistant, or advanced practice nurse in accordance with the standards set forth at N.J.A.C. 13:1-10.4.
"Municipality" means a city of any class, township, borough, village, or any other type of municipality in this State which, within its jurisdiction, has or shall have, a law enforcement unit.
"National Decertification Index" means the national registry of law enforcement officer decertification or license revocations maintained by the International Association of Directors of Law Enforcement Standards and Training, or a successor database.
"Non-disclosure agreements" which are prohibited pursuant to N.J.S.A. 52:17B-77.16a.f, means any agreements that seek to conceal or prevent public review of the circumstances pursuant to which a law enforcement officer separated from or was terminated or fired from any law enforcement unit.
"Permanent appointment" means an appointment having permanent status as a law enforcement officer in a law enforcement unit as prescribed by Title 11A of the New Jersey Statutes, Civil Service Commission rules, or of any other law of this State, municipal ordinance, or rules and regulations adopted thereunder.
"Police instructor" means an individual who is employed as a law enforcement officer as defined in this subchapter and is certified by the Commission to teach at a Commission-approved school.
"Police training course" means a training course approved by the Commission and conducted at an approved school.
"Probation" means an adverse licensure action that allows the law enforcement officer to continue to function in that capacity, so long as the law enforcement officer is in compliance with any conditions, limitations, or restrictions imposed by the Commission and does not engage in any conduct that would provide additional grounds for adverse licensure action.
"Probationary law enforcement license" means a license issued by the Commission to a person appointed by a law enforcement unit on a probationary or temporary basis that authorizes the person to perform the functions of a permanent law enforcement officer during the person's probationary or temporary appointment term.
"Psychological examination" means an exam performed by a licensed psychiatrist or psychologist to determine whether the potential trainee or applicant is psychologically fit to perform the duties of the title that the potential trainee or applicant has been appointed. The exam shall include all requirements listed at N.J.A.C. 13:1-8.1(e) or 10.6, as applicable.
"Range master" means an individual certified by the Commission and appointed by a school director to control and supervise all activities at a firearms range.
"School" means an institution approved by the Commission to provide basic and/or in-service courses of study.
"School director" means an individual designated as having the responsibility for the administrative and day-to-day operations of a Commission-approved school.
"Senior defensive tactics instructor" means an individual certified by the Commission and appointed by a school director to control and supervise all defensive tactics classes and training blocks of instruction.
"Separation from appointment or employment" means, and includes, firing, termination, resignation, retirement, and voluntary or involuntary extended leaves of absence.
"Sexual contact" means an intentional touching by the victim or actor, either directly or through clothing, of the victim's or actor's intimate parts for the purpose of degrading or humiliating the victim or sexually arousing or sexually gratifying the actor. Sexual contact of the actor with themselves must be in view of the victim whom the actor knows to be present.
"Sexual harassment" means the solicitation of any sexual act, physical advances, or verbal or nonverbal conduct that is sexual in nature, and that either: is unwelcome, offensive to a reasonable person, or creates a hostile workplace environment, and the licensee knows, should know, or is told this; or is sufficiently severe or intense to be abusive to a reasonable person in that context. "Sexual harassment" may consist of a single extreme or severe act or of multiple acts and may include, but is not limited to, conduct of a licensee with a member of the public, co-worker, or employee whether or not such individual is in a subordinate position to the licensee.
"Special instructor" means a civilian who is not employed as a law enforcement officer as defined in this subchapter and is certified by the Commission to teach in a Commission-approved school.
"Subject" means a component of a curriculum dealing with a specific matter.
"Sustained finding" means a determination by an employing law enforcement unit, after affording a law enforcement officer an opportunity to be heard, that a law enforcement officer violated a law; regulation; directive, guideline, policy, or procedure issued by the Attorney General or county prosecutor; agency protocol; standard operating procedure; rule; or training protocol.
"Trainee" means an individual attending a Commission-approved school.
"Unprofessional conduct" means any departure from, or failure to conform to, the minimum standards of acceptable and prevailing practice of a law enforcement officer, including, but not limited to, conduct as set forth at N.J.A.C. 13:1-12.1.
"Vehicle operations senior instructor" means an individual certified by the Commission and appointed by a school director to control and supervise all vehicle operations classes and training blocks of instruction.
