New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle U - Division of Criminal Justice Services
Chapter I - Law Enforcement Services
Subchapter A - Municipal Police Training Council
Article 2 - Municipal Police Training Program
Part 6024 - Firearms Instructor Standards And Qualifications
Section 6024.5 - Suspension and revocation of firearms instructor certification
Universal Citation: 9 NY Comp Codes Rules and Regs ยง 6024.5
Current through Register Vol. 46, No. 12, March 20, 2024
(a) The commissioner may move to suspend or revoke a firearms instructor certification pursuant to this Part at any time. Upon the suspension of the firearms instructor certification, the commissioner shall either:
(1) proceed under the provisions of
subdivision (c) of this section to revoke the firearms instructor
certification; or
(2) hold the
revocation of the firearms instructor certification in abeyance pending the
resolution of the concerns raised by the commissioner.
(b) Suspension.
(1) The certification of a firearms
instructor may be suspended for causes including, but not be limited to:
(i) the violation of any of the provisions
and/or applicable rules and regulations as set forth in this Part;
(ii) the commissioner determines that there
are defects in the instruction of a course provided by a firearms
instructor;
(iii) the firearms
instructor is charged with a felony or misdemeanor and the conduct constituting
the offense was performed in the name of or ion behalf of an approved
pre-employment police training school, during an approved police or peace
officer training course, or, in the discretion of the commissioner, the conduct
of the firearms instructor bears on the integrity of the division;
(iv) the firearms instructor submitted
documents to the Division for approval which contained a material false
statement or omission;
(v) the
commissioner determines that the firearms instructor was and/or is
professionally affiliated with an instructor, firearms instructor, course
director or an organization that administers approved police or peace officer
training courses that has been and/or is presently suspended or
revoked;
(vi) any other cause for
which the commissioner deems the suspension necessary.
(2) The commissioner may, but is not required
to, send the firearms instructor, via certified mail, a written notice to cure
in response to paragraph (1) of this subdivision. Upon receipt of such notice,
the certification of the firearms instructor shall be suspended and such
firearms instructor shall not instruct any approved police or peace officer
training course or program.
(3) No
later than 15 days of the receipt of said notice, the firearms instructor may
address the concerns raised. The firearms instructor shall notify the division
in writing of the actions taken. If the actions do not satisfactorily address
the concerns of the division, the division may proceed with the revocation of
the firearms instructor certification.
(4) Where the firearms instructor has been
charged with a felony or misdemeanor, the commissioner shall send the firearms
instructor, via certified mail, a written notice of suspension pending the
disposition of the case. Upon receipt of such notice, the certification of the
firearms instructor shall be suspended and such firearms instructor shall not
instruct any approved police or peace officer training course or
program.
(c) Revocation.
(1) The certification of a firearms
instructor may be revoked for causes including, but not be limited to:
(i) the violation of any of the provisions
and/or applicable rules and regulations as set forth in this Part;
(ii) the commissioner determines that there
are defects in the instruction of a course provided by a firearms
instructor;
(iii) the firearms
instructor is convicted of a felony or misdemeanor and the conduct constituting
the offense was performed in the name of or on behalf of an approved
pre-employment police training school, during an approved police or peace
officer training course, or, in the discretion of the commissioner, the conduct
of the firearms instructor bears on the integrity of the division;
(iv) the firearms instructor submitted
documents to the Division for approval which contained a material false
statement or omission;
(v) the
commissioner determines that the firearms instructor was and/or is
professionally affiliated with an instructor, firearms instructor, course
director, pre-employment police training school or an organization that
administers approved police or peace officer training courses that has been
and/or is presently suspended or revoked;
(vi) a firearms instructor after receipt of a
notice of suspension, continues to conduct police or peace officer training
courses;
(vii) any other cause for
which the commissioner deems the revocation necessary.
(2) The commissioner shall send the firearms
instructor, via certified mail, a written notice of his or her intent to revoke
the certification and the reasons for such action. Upon receipt of such notice,
the certification of the firearms instructor shall be suspended, or will remain
suspended, and such firearms instructor shall not instruct any approved police
or peace officer training course or program.
(3) Within 15 days of the receipt of said
notice, the firearms instructor may forward a written request to the
commissioner for a hearing to be held by the council to consider the revocation
of the firearms instructor certification. The commissioner shall forward the
request to the council. The failure of the individual to timely request a
hearing shall not preclude the commissioner from revoking the
certification.
(4) Such hearing
shall be held at the next meeting of the council or subsequent meeting or
special meeting of the council. At least 15 days before the next meeting, the
council shall give to the firearms instructor written notice by mail of the
time and place of said meeting, wherein a hearing shall be held to consider the
revocation of the firearms instructor certification. The firearms instructor
may be represented at the hearing by counsel and may produce any evidence to
support his or her position.
(5) The
hearing shall be conducted in accordance with the provisions of the State
Administrative Procedure Act. Following deliberation, and in accordance with
the open meetings law established by article 7 of the Public Officers Law, the
council shall submit its recommendation to the commissioner. Following receipt
of the council's recommendation, and within 90 days of the date of the hearing,
the commissioner shall forward to the individual the decision and the reasons
given for such decision. The commissioner makes the final decision,
notwithstanding the council's recommendation. The commissioner, and not the
council, shall be responsible for setting any penalty.
(6) The commissioner shall consider
additional factors including, but not limited to:
(i) whether the firearms instructor has
submitted documents to the Division for approval which were denied;
(ii) whether the firearms instructor is at an
approved pre-employment police training school or an organization that
administers approved police or peace officer training courses which has
submitted documents to the Division for approval which were denied, and the
date and nature of such denial;
(iii) whether the firearms instructor has had
an instructor certification, firearms instructor certification, director
certification or pre-employment police training school approval suspended or
revoked, or is the instructor, firearms instructor or course director at an
approved pre-employment police training school where the approval of such
school has ever been or is suspended or revoked, and the date and nature of
such suspension or revocation;
(iv)
whether the firearms instructor has ever been convicted of a crime, and the
date and nature of the offense;
(v)
and whether there are any criminal charges pending against the firearms
instructor.
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