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MICHIGAN DEPARTMENT OF STATE POLICE MICHIGAN COMMISSION ON LAW ENFORCEMENT STANDARDS
LAW ENFORCEMENT STANDARDS AND TRAINING
Filed with the Secretary of State on
These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
(By authority conferred on the Michigan commission on law enforcement standards by section 9 of 1965 PA 203, by section 9 of 1965 PA 380, and by Executive Reorganization Order 2001-2, MCL 28.621.)
Draft October 22, 2007
R 28.14301, R 28.14302, R 28.14303, R 28.14304, R 28.14305, R 28.14306, R 28.14307, R 28.14308, R
28.14309, R 28.14310, R 28.14311, R 28.14312, R 28.14313, R 28.14314, R 28.14315, R 28.14316, R
28.14317, R 28.14318, R 28.14319, R 28.14320 and R 28.14321 are added to the Michigan Administrative Code as follows:
PART 3. BASIC RECRUIT LAW ENFORCEMENT TRAINING PROGRAMS
R 28.14301 Definitions.
Rule 301. As used in this part:
“Academy operating contract” means a basic law enforcement training academy standard form contract executed between MCOLES and an academy under the administrative procedures act, section 7, 1969 PA 306, MCL 24.207(p).
“Accredited community college, college, or university” means a community college, college, or university that has been accredited by an agency or association that has been recognized by the United States department of education.
"Agency basic law enforcement training academy" means a law enforcement agency that is approved by the commission to provide a course of study for qualified recruits employed by that law enforcement agency.
"Basic law enforcement training academy graduate" means a recruit who has completed the training and educational requirements of a commission approved basic law enforcement training academy. "Curriculum" means the commission mandated training objectives and training standards, as well as facilitator guides, assessment instruments, and other materials that are published by the commission for use in a commission approved basic law enforcement training academy.
“Executive committee” means the committee of the commission established pursuant to the commission bylaws.
“Preservice college basic law enforcement training academy” means a commission approved training and education program offered by an accredited community college, college, or university that incorporates the commission mandated curriculum in the academic course of study.
“Program administrator” means a person who is employed by a city, county, township, village, corporation, college, community college, university, or state agency and who has been delegated authority to commit the agency to the basic law enforcement training academy proposal, annual operating plan, and the academy operating contract. The program administrator shall have management and oversight authority of the academy but shall not be the same person as the training director. "Regional basic law enforcement training academy" means a city, county, township, village, corporation, college, community college, university, or state agency that is approved by the commission to offer a basic law enforcement training program to preservice and employed recruits.
“Satisfactory grade” means a grade of 70%, 2.0 on a 4.0 scale, or an institutional equivalent, or better grade, in each course included in the commission approved course of study in a preservice college basic training academy, unless specified otherwise in these rules.
“Session” means a commission approved time frame during which a group of recruits are trained during basic law enforcement training at an academy.
"Training and education advisory committee" means a group composed of knowledgeable persons, including law enforcement officials, who act in an advisory capacity regarding the establishment, guidance, and evaluation of a commission approved basic law enforcement training academy.
“Training director” means that person who is responsible for the day-to-day operation of a basic law enforcement training academy.
"Training objective" means a behavioral statement that describes a knowledge, skill, or ability to be acquired by the recruit during the delivery of the basic law enforcement training course of study.
R 28.14302 Authorization of basic law enforcement training academy; approval by commission.
Rule 302. A city, county, township, village, corporation, college, community college, university, or state agency shall obtain commission authorization before proceeding to establish an agency or regional basic law enforcement training academy or a preservice college basic law enforcement training academy under R 28.14303.
R 28.14303 Establishment of basic law enforcement training academy; program proposal.
Rule 303. (1) A city, county, township, village, corporation, college, community college, university, or state agency shall submit a written program proposal to establish a basic law enforcement training academy. The written program proposal shall be submitted to the commission in the manner prescribed by the commission not less than 90 days before the date of the commission meeting.
(2) The written program proposal shall contain, at a minimum, all of the following:
A detailed description of the facilities and equipment to be used by recruits and instructors that will comply with the commission requirements.
A description of the duties, responsibilities, and membership of the training and education advisory committee.
The name, address, and position of the program administrator. The name, title, and qualifications of the training director.
A description of the goals and objectives of the basic law enforcement training academy.
A description of the nature and scope of the applicant's financial and philosophical commitment to the basic law enforcement training academy.
A copy of the academy rules governing recruit conduct. Identification of the academy requirements for an enrolled recruit.
Identification of the course of study in the law enforcement training academy sessions.
A statement recognizing the commission’s authority to visit and inspect the basic law enforcement training academy and to be furnished requested records and documentation.
Identification and descriptions of affiliations with agencies, colleges, and universities that will be a part of the basic law enforcement training academy.
An estimate of the number of basic law enforcement training academy sessions that will be offered on a yearly basis.
A statement documenting the need for establishment of the proposed academy that includes both of the following:
(i) The need by law enforcement agencies in the proposed service area.
(ii) The prospective recruits’ need for the proposed academy.
(n) Documentation of support from the local law enforcement community within the geographic service area of the proposed academy.
(o) A statement describing the selection methods of prospective preservice and preservice college recruits.
(p) The projected starting and graduation dates of the first basic law enforcement training academy session.
(q) A definition of the geographical area that the proposed basic law enforcement training academy will serve.
(r) A projection of the number of recruits that will be enrolled in the academy on a yearly basis.
(s) Verification that acceptable live-in facilities are available in the vicinity of the basic law enforcement training academy.
(3) The entity submitting the program proposal in subrule (1) of this rule shall do all of the following with respect to the training and education advisory committee described in subrule (2)(b) of this rule.
(a) The training and education advisory committee shall be appointed before development of the program proposal and shall be consulted on all aspects of the application.
(b) The committee shall approve the program proposal before it is submitted to the commission. If the commission approves the program proposal, then the committee shall be consulted on a continuing basis regarding the operation of the academy.
If the commission determines that the application is incomplete, then an amended application with amplification or clarification shall be filed within 30 days after the date of a request by the commission. Failure to comply with subrule (4) of this rule is grounds for denial of the application.
Written commission approval of the program proposal shall be obtained before submitting an annual operating plan under R 28.14307.
An approved basic law enforcement academy that fails to conduct an academy session for 3 years shall submit a new program proposal for commission approval to reestablish itself as an approved basic law enforcement training academy.
R 28.14304 Establishment of preservice college basic training academy; program proposal.
Rule 304. In addition to the requirements in R 28.14303, the program proposal of a preservice college basic law enforcement training academy shall include all of the following:
(a) A copy of the community college, college, or university rules governing student conduct beyond those established by the commission.
(b) A description of how students will be selected for acceptance into the preservice college basic training academy at the applicant's institution.
(c) Identification of how and where the commission curriculum and additional community college, college, or university training objectives will be incorporated into the community college, college, or university course work.
(d) Identification of the requirements that an enrolled preservice college recruit shall meet to successfully complete the prescribed course of study at the community college, college, or university.
R 28.14305 Establishment of agency basic law enforcement training academy; program proposal.
Rule 305. (1) The program proposal of a law enforcement agency that seeks to establish an agency basic law enforcement training academy shall comply with R 28.14303, except for R 28.14303(2) (b), (k), (m), (n), (o) and (q).
(2) In addition to the requirements of subrule (1) of this rule, the application shall include a statement documenting the need for establishment of the proposed academy by the law enforcement agency and the prospective recruits’ need for the proposed academy.
R 28.14306 Training director responsibilities.
Rule 306. The training director of an approved basic law enforcement training academy shall do all of the following:
Ensure that the academy is operated in compliance with these rules and the academy operating contract. Ensure that each recruit is enrolled and maintains compliance with these rules and the academy operating contract.
R 28.14307 Annual operating plan; academy requirements after approval; notice of change in structure or content of program; commission approval required.
Rule 307. A city, county, township, village, corporation, college, community college, university, or state agency authorized by the commission to establish a basic law enforcement training academy shall do the following:
Submit an annual operating plan in the manner prescribed by the commission. Execute an academy operating contract.
Final approval to operate under MCL 28.609(4)(b) is contingent upon formal acceptance of both subdivisions (a) and (b) of this rule by the commission.
The training director of a basic law enforcement training academy shall notify the commission immediately of any anticipated change in the annual operating plan during an academy session.
Written commission approval of the change shall be obtained before implementing a change.
R 28.14308 Basic law enforcement training academy session; approval required.
Rule 308. A city, county, township, village, corporation, college, community college, university, or state agency approved by the commission as a basic law enforcement training academy shall obtain commission approval in the manner prescribed by the commission before initiating each basic law enforcement training session.
R 28.14309 Revocation of commission approval; probation; suspension.
Rule 309. (1) A documented violation of these rules or the academy operating contract by an approved basic law enforcement training academy shall constitute cause for immediate review of continuing commission approval of the academy. Following the review, the MCOLES executive director may do any of the following:
Revoke the approval of a basic law enforcement training academy.
Suspend the basic law enforcement training academy approval to operate until specified terms and conditions are met.
Place the basic law enforcement training academy on probation for a specific period of time or until specified terms and conditions are met.
Take informal action to resolve the violation.
(2) The placement of an approved basic law enforcement training academy into a status as set forth in subrule (1) of this rule shall result in any of the following:
An academy placed into a status of revocation shall not operate the basic law enforcement academy, regardless of any active recruit sessions. The academy shall not be eligible for approval until submission of an application under R 28.14302 and R 28.14303.
An academy placed into a status of suspension shall not operate the basic law enforcement academy, regardless of any active recruit sessions. The academy shall not be eligible for approval to resume operation until specified terms and conditions set forth by the commission or the executive committee are met. Failure to meet the specified terms and conditions may result in further suspension or revocation of the academy.
An approved basic law enforcement training academy placed into a status of probation may continue operation, including any active recruit sessions, provided that specified terms and conditions set forth by the executive director are met. Failure to meet the specified terms and conditions may result in suspension or revocation of approval of the academy.
The executive director may authorize remedial action to minimize the impact of any academy sanction on recruits.
The executive director shall immediately report his academy disciplinary action to the executive committee.
R 28.14310 Basic law enforcement training academy; right to appeal denial, revocation, suspension, or probation.
Rule 310. (1) A basic law enforcement training academy shall have standing to appeal in writing a denial, revocation, suspension, or probation to the commission within 3 business days of issuance of the original notice.
The executive committee shall act on behalf of the commission, if the commission is not scheduled to meet within 5 business days of receipt of an appeal. A decision by the executive committee or the commission is final.
R 28.14311 Basic law enforcement training curriculum; course of study.
Rule 311. (1) The commission shall publish the basic law enforcement training curriculum.
(2) An approved basic law enforcement training academy shall teach the course of study approved by the commission.
(3) The approved academy shall provide, or provide access to, the curriculum to enrolled recruits.
R 28.14312 Academy enrollment; compliance with standards; deadlines.
Rule 312. (1) An application for enrollment in a commission approved academy, as defined in R 28.14301 (c), (g), and (i), shall be completed in the manner prescribed by the commission and include a release of information for purpose of law enforcement licensing.
The training director shall screen all prospective preservice recruits in a regional basic law enforcement training academy session or a preservice college basic law enforcement training academy to ensure compliance with the selection and employment standards in R 28.14203 (a) to (g) and R 28.14204, not later than 5 business days before the start of an academy session or a preservice college program. An academy shall conduct a background check, in lieu of a comprehensive background investigation, on the form or in the manner prescribed by the commission to determine preservice and preservice college recruit compliance with R 28.14203(e).
Before enrolling a preservice or preservice college recruit in an academy session, the academy shall provide the recruit with an approved medical history form that shall be made available to the examining physician and shall become a part of the physician’s medical record.
An employing agency shall ensure compliance with R 28.14206 not later than 5 business days before enrolling a recruit in an academy session.
Within 180 days before the start of an academy, the prospective recruit shall be fingerprinted and a search made of appropriate state and federal fingerprint files to disclose any criminal record.
An oral interview shall be conducted to determine a preservice or preservice college prospective recruit’s suitability for a law enforcement officer position and to assess the applicant’s demeanor, background, and the ability to communicate.
A prospective recruit intending to enroll in a basic law enforcement training academy session shall take and pass the commission’s preenrollment physical fitness examination before, but be within 180 days before the start of the academy session.
The results of the selection and employment standards screening shall be submitted to the commission using the MCOLES information and tracking network not later than 5 business days before the start of an academy session. Exceptions and comments made by the examining physician, an investigator, or other person on source documents shall be included in the MCOLES information and tracking network reporting.
A prospective recruit who is not in full compliance with the selection and employment standards shall not participate in any recruit training or be enrolled by the commission. Any participation in an academic course at a preservice college training academy, without first having complied with this rule, shall not count toward completion of the course of study.
Before enrollment, the prospective recruit shall have executed the commission’s standards compliance verification affidavit and the applicant background affidavit.
R 28.14313 Military preservice recruits.
Rule 313. (1) A prospective recruit seeking enrollment in a basic training academy who has prior military law enforcement experience may request a waiver of the requirements in R 28.14315(1)(b) to enroll in a commission approved regional or preservice college basic law enforcement training academy, if all of the following requirements are met:
Have successfully completed a mandatory basic military police training academy.
Have served competently as a military police officer, with full powers of arrest, the authority to carry firearms in the performance of his or her duties, while holding the specialty rank or assignment of a military police officer, or its equivalent, in 1of the 5 branches of the United States armed services, the national guard, or the reserves. The applicant shall have acted in the unrestricted full capacity of a military police officer for a minimum of 2,080 hours following training.
Have been honorably discharged from active duty.
(2) Each requirement listed above shall be verified through a commission review of a properly executed DD-214 and the applicant’s military service record.
R 28.14314 Basic recruit requirements.
Rule 314. A basic law enforcement training recruit shall do the following: Comply with all of the attendance and academic requirements.
Comply with all administrative rules, policies and procedures, and academy rules.
Successfully complete the prescribed course of study during the approved academy session. An extension for the completion of the basic training program and testing requirements may be granted by the commission for a recruit under the following conditions:
The recruit has a documented physical injury sustained during an academy training event that is temporary and medically prohibits the recruit from full and active participation in 1 or more components of the basic training program or testing.
The recruit has a documented family or medical emergency situation outside the parameters of the academy that reasonably prohibits the recruit from full and active participation in 1 or more components of the basic training program or testing.
The recruit shall not be absent for more than one-half of any individual physical skills training and not more than 10% of the overall session.
(iv) An application for an extension shall be filed with the commission by the training director for a pre-service recruit or by a law enforcement agency for an employed recruit. The application shall comply with the procedures outlined in the policies and procedures manual published pursuant to R 28.14211.
R 28.14315 Preservice and preservice college recruit requirements.
Rule 315. (1) In addition to the requirements of R 28.14314, preservice and preservice college recruits shall do all of the following:
(a) Meet and maintain compliance with the selection and employment standards in R 28.14203 (a) to (g) and R 28.14204.
(b) Possess either an associate or baccalaureate degree before the commission will recognize the completion of the regional basic law enforcement training academy unless the requirement has been waived under R 28.14313.
(c) At the time of employment, comply with all of the selection and employment standards in R 28.14203 and R 28.14204.
R 28.14316 Preservice college recruit requirements.
Rule 316. In addition to the requirements in R 28.14314 and R 28.14315, a preservice college recruit shall do all of the following:
Meet the requirements established by the community college, college, or university for enrollment in its approved preservice college basic training academy.
Complete the commission approved preservice college basic training course of study within a 1-year period.
Attain a satisfactory grade in all preservice college courses, as evidenced by an official academic transcript.
Graduate from an associate or baccalaureate degree program at an accredited community college, college, or university and have been awarded either an associate or baccalaureate degree before employment as a law enforcement officer.
R 28.14317 Agency basic recruits.
Rule 317. In addition to the requirements in R 28.14314, an agency basic recruit shall comply with the following:
Meet and maintain compliance with the selection and employment standards in R 28.14203 (a) to (h) and R 28.14204.
Maintain employment with the enrolling agency through successful completion of the course of study. Complete the commission approved basic training course of study during the session within which the recruit is enrolled.
R 28.14318 Recruit dismissals; grounds.
Rule 318. (1) After investigation and consultation with the commission, the training director shall do the following:
(a) Dismiss an enrolled recruit for failure to comply with or successfully complete the requirements in R 28.14314 to R 28.14317, as applicable.
(b) Dismiss an employed recruit for failure to do either of the following:
(i) Maintain employment with a law enforcement agency during the basic law enforcement training academy.
(ii) Maintain compliance with the minimum selection and employment standards in R 28.14203 (a) to (f) and R 28.14204 during the basic law enforcement training academy.
The training director may dismiss an enrolled recruit after investigation and consultation with the commission for failure to comply with academy rules and regulations or the academy operating contract. An agency law enforcement basic training academy may dismiss an employed recruit for reasons unrelated to subrules (1) and (2) of this rule without consultation with the commission. The academy shall notify the commission of the dismissal and the reason for the dismissal.
The commission may investigate and dismiss a recruit based on a violation of these rules, the academy operating contract, or the academy’s rules and regulations as approved in the annual operating agreement.
R 28.14319 Recruit dismissals; appeal; final decision.
Rule 319. (1) A recruit dismissal may be appealed in the following manner:
(a) An employer may appeal a dismissal of an employed recruit to the commission.
(b) A dismissed employed recruit shall not have standing to appeal the dismissal to the commission. A commission decision on appeal is final.
(3) A preservice or preservice college recruit may appeal a dismissal to the MCOLES executive director. The executive director’s decision is final.
R 28.14320 Recruit eligibility to take licensing exam; timeframe.
Rule 320. A basic law enforcement training recruit shall do the following:
Comply with all of the requirements in R 28.14314 to R 28.14317, as applicable, before taking the licensing exam.
Pass the licensing exam within 1 year of complying with the requirements in subdivision (a) of this subrule.
R 28.14321 Recruit licensing eligibly timeframes. Rule 321. A recruit who is not employed and licensed as a law enforcement officer within 1 year of completion of a basic law enforcement training academy session shall, before licensing, comply with the requirements of the recognition of prior basic law enforcement training and experience program. The executive director may extend the timelines in this subrule by not more than 90 days for either of the
following reasons:
If required by reexamination under R 28.14204(g) or R 28.14602.
For good cause based on a prospective employing agency’s written request. If an extension request is granted, the extension applies only to employment with the requesting agency.
