Current through Register Vol. 35, No. 18, September 24, 2024
A.
Notice of investigation: In those instances where the director
opens an investigation after receiving a report of alleged misconduct, a notice
of investigation shall be served on the individual respondent. Such notice
shall contain:
(1) a concise statement of the
purpose and scope of the investigation;
(2) a description of the acts for which the
investigation is sought;
(3) a
statement that the respondent has seven calendar days from receipt of the
notice of the option to provide a written response or to request an opportunity
for an oral response before the director; and
(4) notice describing the disciplinary
procedures of the board.
B.
Response to notice of investigation;
written or oral: A respondent may provide a written response to the
director regarding the circumstances surrounding the investigation or may
request to meet with the director and provide an oral response.
(1) If a request for an oral response to the
notice of investigation is made, the director shall meet with the respondent
within 14 calendar days of receipt of such request unless the parties agree in
writing to an extension.
(2) A
respondent served with a notice of investigation pursuant to this rule may
choose a representative to respond orally or in writing on his or her
behalf.
C.
Recommended decision: After considering the allegations raised in
the report of alleged misconduct, response received, and any additional
information gathered during the investigation, the director shall make a
recommended decision within 30 days from the date a written or oral response is
received. The director shall provide one of the following recommendations to
the board:
(1) Formal discipline
- The director shall provide the type and length of recommended
discipline as well as a statement or summary of facts which the director
believes justifies the recommended action. Upon deciding to recommend formal
discipline, the director shall immediately forward the matter to the board's
administrative prosecutor with a request to issue a notice of contemplated
action. The opportunity to have a formal evidentiary hearing must take place
prior to any discipline being imposed by the board.
(2) Pre- notice of contemplated action
settlement agreement - The director may, if believed to be in the
best interest of the board, choose to propose a pre-notice of contemplated
action settlement agreement that includes stipulated discipline. Any proposed
settlement agreement must be signed by the respondent before being presented to
the board for review and action to accept or reject the proposal. Failure to
comply with the terms of a settlement agreement shall result in the immediate
issuance of a notice of contemplated action based on the originally reported
alleged misconduct.
(3) Dismiss
complaint - The director may recommend to the board that the
complaint be dismissed based on the totality of the circumstances and evidence
available. If the board rejects the recommendation a notice of contemplated
action shall be issued.
D.
Notice of contemplated
action: A notice of contemplated action (NCA) may be issued upon request
of the director or by vote of the board. The NCA shall be drafted by the
board's administrative prosecutor and signed by the director, and must be
postmarked, certified mail return receipt requested, no later than 90 days
after the request for issuance of the NCA is made by the director or the board,
unless the director agrees in writing to an extension. The NCA shall include
the following:
(1) a summary of the director's
recommended decision and notice that the recommended formal discipline is only
a recommendation and is subject to the approval or modification by the
board;
(2) notice that the board
has sufficient evidence that, if not rebutted or explained, will justify the
board taking the contemplated action, up to and including the revocation of
certification;
(3) a statement of
alleged violations of the Law Enforcement Training Act or board
rules;
(4) a general explanation
and summary of the evidence that justify the contemplated action; and
(5) that unless the respondent, within 30
days after the service of the notice, provides a written request for a formal
hearing, the board may take the contemplated action.
