Utah Administrative Code
Topic - Public Safety
Title R728 - Peace Officer Standards and Training
Rule R728-411 - Guidelines for Administrative Action Against Individuals Functioning As Peace Officers Without Valid Peace Officer Certification
Section R728-411-0
Current through Bulletin 2024-06, March 15, 2024
If an individual is found to be performing the duties and functions of a peace officer without certification or authority as required by Title 53, Chapter 13 Utah Code Annotated, the following procedures will be initiated by the Division of Peace Officer Standards and Training.
1. A letter will be sent to the individual and the individual's employing agency administrator indicating that the individual does not have the statutory authority to act as a peace officer in the State of Utah. The letter will state that the individual should cease any and all activities as a peace officer. The letter will indicate the appropriate option(s) for the individual and employing agency to follow in order for the individual to acquire peace officer authority. Eight days will be given for the individual to respond to the notification before any of the following procedures will be taken by POST.
2. POST will notify those persons or agencies which could be held liable through civil action due to the individual's pretended peace officer authority, notification is to include the subject of the notification, the chief law enforcement administrator of the employing agency, the chief administrator of the jurisdiction, the city prosecutor, county attorney, and/or the Attorney General of the State of Utah, the Sheriff of the county, and any other persons deemed accessible through civil action.
3. If Subsection (a) and (b) have not been acted upon by the individual or the individual's employing agency, the issuance of a writ from the Attorney General's Office to cease and desist from acting as a peace officer in the State of Utah may be made and directed to the individual and the individual's employing agency.
4. If Subsection (a), (b), or (c) have not been acted upon by the individual or the individual's employing agency, criminal charges may be sought against the individual for a violation of Section 76-8-512 U.C.A.
5. The procedures in this Section may also be applied towards any peace officer who has been found to be deficient in the statutory 40-hour yearly training requirement, as per Section 53-6-202 U.C.A., and who continues to perform the duties and functions of a peace officer without having said peace officer powers restored by the Division of Peace Officer Standards and Training, or to any person who attempts to avoid the statutory peace officer certification process.
6. At any time in the above procedures, the Division of Peace Officer Standards and Training may, if cause exists, seek an administrative action against the individual for a violation of Section 53-6-211, if the individual is acting as a peace officer without statutory peace officer authority.
