West Virginia Code of State Rules
Agency 149 - Crime, Delinquency And Correction
Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION
Series 149-02 - Law Enforcement Training and Certification Standards
Section 149-2-17 - Certified Law Enforcement Officers Separated from Employment
Current through Register Vol. XLI, No. 38, September 20, 2024
17.1. The certification of a law enforcement officer who is separated from his or her employment with any West Virginia law enforcement agency, shall immediately become inactive and remain inactive until the subcommittee authorizes reactivation of the officer's certification pursuant to the procedure set forth in this section.
17.2. Whenever a law enforcement officer separates from a West Virginia law enforcement agency, the chief law-enforcement officer of that law enforcement agency shall notify the subcommittee, by a change of status form or electronic submission through the Law Enforcement Professional Standards Information System (LEPSIS), of the separation within ten days of the date of separation. Any law enforcement agency failing to submit a change in status form shall be listed in the annual report of Law Enforcement Professional Standards filed with the West Virginia Legislature. The notification of the separation from employment shall include, with specificity, the following reason or reasons the officer is no longer employed:
17.3. Request to reactivate an officer's law enforcement certification.
17.4. Upon receipt of a request by the Subcommittee via certified mail or through electronic communications, the chief law-enforcement official of the law enforcement agency with which the applicant was most recently employed, or his or her designee, shall, within eight calendar days, provide the Subcommittee with a copy of information relevant to the applicant's separation of employment or other information requested by the Subcommittee.
17.5. Within thirty (30) days of the receipt of any information provided by the law enforcement agency, the Subcommittee shall review the information and issue a final decision. The thirty (30) days begin upon the Subcommittee's receipt of all applicable documents, records, etc. requested or subpoenaed.
17.6. The Subcommittee shall approve an application for reactivation unless the Subcommittee affirmatively demonstrates, in writing, that the applicant has engaged in conduct that may result in his or her decertification, as provided in subsection 16.1. of this rule. Where information available to the Subcommittee indicates that the applicant has engaged in conduct that is in violation of this rule or other laws or rules, the Subcommittee may not grant the application for reactivation.
17.7. An applicant whose certification is not reactivated pursuant to a final decision of the subcommittee, may appeal the final decision of the Subcommittee pursuant to section of this rule and W.Va. Code § 29A-4-1 et seq.
17.8. Nothing in this section shall be construed to require the rehiring of a person by a law enforcement agency from which he or she was separated, even though the Subcommittee authorizes his or her certification to be reactivated.
17.9. A law enforcement official, or appointing officer, or his or her designee, is immune from civil liability for providing to the Subcommittee any information required or requested by this section.
17.10. All information and materials collected as a result of this section shall be retained in a computer database.
