NEW
HAMPSHIRE POLICE STANDARDS AND TRAINING COUNCIL
17
Institute Drive
Concord,
NH 03301
CHAPTER Pol
100 ORGANIZATIONAL RULES
PART Pol 101
DEFINITIONS
Pol 101.01
"Agency" means the department, division or governmental unit employing
a police, corrections or probation/parole officer.
Source. #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7301, eff 6-8-00
Pol 101.02
"Appointment" means investing a person with authority as a
police, corrections or probation/parole officer as defined in RSA 188-F:23, I.
Source. #1534, eff 2-17-80; ss by #1988, eff 3-25-82;
ss by #2783, eff 7-27-84; ss by #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7301, eff 6-8-00
Pol 101.03
"Certification" means qualification by the council of a person
to serve as a police, corrections or probation/parole officer after meeting the
applicable requirements of these rules.
Source. #1534, eff 2-17-80; ss by #1988, eff 3-25-82;
ss by #2783, eff 7-27-84; ss by #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7301, eff 6-8-00
Pol 101.04
"Chairman" means the chairman of the police standards and
training council.
Source. #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7301, eff 6-8-00
Pol 101.05 "Chancellor" means the chancellor
of the community college system of New Hampshire.
Source. #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7301, eff 6-8-00; ss by #9222, eff 8-1-08
Pol 102.06 Quorum of the Council. A quorum shall consist of a majority
of the members
of the council,
and as such, can operate with the same authority as the full council.
Source. #1534, eff 2-17-80; ss by #1988, eff 3-25-82;
ss by #2783, eff 7-27-84; ss by #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7301, eff 6-8-00; ss by #12986,
eff 2-1-20)
Pol 101.07
"Controlled substance" means "controlled drug" as
defined in RSA 318-B:1,VI, or "controlled drug analog", as defined in
RSA 318-B:1,VI-a.
Source. #1534, eff 2-17-80; ss by #1988, eff 3-25-82;
ss by #2783, eff 7-27-84; ss by #4437, eff 6-22-88; ss by #5836, eff 6-15-94; ss
by #7301, eff 6-8-00
Pol 101.08
"Council" means the New Hampshire police standards and
training council.
Source. #1534, eff 2-17-80; ss by #1988, eff 3-25-82;
ss by #2783, eff 7-27-84; ss by #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7301, eff 6-8-00
Pol 101.09
"County corrections academy" means basic training for county
corrections officers approved by the council.
Source. #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7301, eff 6-8-00
Pol 101.10
"County corrections officer" means an officer of a county
department of corrections whose primary duty is the custody of prisoners at a
county correctional institution and who is eligible to become a member of the
group II retirement system.
Source. #1534, eff 2-17-80; ss by #1988, eff 3-25-82;
ss by #2783, eff 7-27-84; ss by #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7301, eff 6-8-00
Pol 101.11
"Corrections academy" means the basic training for state
corrections officers of the New Hampshire department of corrections approved by
the council.
Source. #1534, eff 2-17-80; ss by #1988, eff 3-25-82;
ss by #2783, eff 7-27-84; ss by #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7301, eff 6-8-00
Pol 101.12
"Corrections employee" means a civilian employee of the New Hampshire
department of corrections who is not primarily responsible for the custody of
prisoners and not a member of the group II retirement system.
Source. #1534, eff 2-17-80; ss by #1988, eff 3-25-82;
ss by #2783, eff 7-27-84; ss by #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7301, eff 6-8-00
Pol 101.13
"Corrections officer" means an officer of the New Hampshire
department of corrections of any rank whose primary duty is custody of
prisoners at a state correctional institution, and who is eligible to belong to
the group II retirement system.
Source. #1534, eff 2-17-80; ss by #1988, eff 3-25-82;
ss by #2783, eff 7-27-84; ss by #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7301, eff 6-8-00
Pol 101.14
"Days" means calendar days.
Source. #1534, eff 2-17-80; ss by #1988, eff 3-25-82;
ss by #2783, eff 7-27-84; ss by #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7301, eff 6-8-00; ss by #9077, eff 1-25-08; ss by #9222, eff 8-1-08
Pol 101.15 "Department" means the community
college system of New Hampshire.
Source. #1534, eff 2-17-80; ss by #1988, eff 3-25-82;
ss by #2783, eff 7-27-84; ss by #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7301, eff 6-8-00; ss by #9222, eff 8-1-08
Pol 101.16
"Director" means the unclassified state official appointed to
administer the operations of the council, as provided in RSA 188-F:26, XIV.
Source. #1534, eff 2-17-80; ss by #1988, eff 3-25-82;
ss by #2783, eff 7-27-84; ss by #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7301, eff 6-8-00
Pol 101.17 "Discharge" means the agency
dismissing a police or corrections officer.
Source. #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7301, eff 6-8-00; ss by #9222, eff 8-1-08
Pol 101.18
"Effective date" means a date or dates on which action was
taken by the appointing authority or council, as applicable, concerning the
appointment, death, promotion, termination, certification, or revocation of
certification of police or corrections officers.
Source. #1534, eff 2-17-80; ss by #1988, eff 3-25-82;
ss by #2783, eff 7-27-84; ss by #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7301, eff 6-8-00
Pol 101.19
"Elected police officer" means any person elected by the
voters of a unit of government to serve as a police officer.
Source. #1534, eff 2-17-80; ss by #1988, eff 3-25-82;
ss by #2783, eff 7-27-84; ss by #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7301, eff 6-8-00
Pol 101.20
"Employee" means any person serving as a police, corrections
or probation/parole officer, whether appointed or elected.
Source. #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7301, eff 6-8-00
Pol 101.21
"Employee Status Notification Form A" means the form or portion
of a form which is required to be completed and forwarded to the council by an
agency when hiring a police or corrections officer.
Source. #1534, eff 2-17-80; ss by #1988, eff 3-25-82;
ss by #2783, eff 7-27-84; ss by #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7301, eff 6-8-00
Pol
101.22 "Employee Status Notification
Form B" means the form or portion of a form which is required to be
completed and forwarded to the council by an agency when an officer’s
employment status changes under the circumstances delineated in Pol 301.06(c).
Source. #1534, eff 2-17-80; ss by #1988, eff 3-25-82;
ss by #2783, eff 7-27-84; ss by #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7301, eff 6-8-00; ss by #11196, eff 10-7-16
Pol
101.23 "Felony" means a crime
classified by the State of New Hampshire as a felony at the time the crime was
committed, or an equivalent crime in any other jurisdiction whether civilian or
military, if the crime has elements similar to those of a felony under NH law
at the time the offense was committed.
Source. #5836, eff 6-15-94; ss by #7301, eff 6-8-00
Pol 101.24 "Full-time police officer" means
any law enforcement officer assigned to work on a regular basis for one or more
employing units of government more than 1300 hours in any calendar year who:
(a)
Is authorized to make arrests for violations of the criminal, motor
vehicle or boating laws of the state;
(b)
Is appointed or elected by the unit or units of government as a police
officer; and
(c)
Performs those duties specifically for that or those unit(s) of
government including:
(1)
State troopers;
(2) Conservation officers;
(3) Special agents of the state liquor
commission;
(4) Gaming enforcement investigators of the
lottery commission invested with authority pursuant to RSA 21-P:4,VI;
(5) Marine patrol officers of the division of
state police;
(6) Deputy sheriffs;
(7) Town and city police officers;
(8) State harbor masters;
(9) Those persons invested with police powers by
a municipal government to perform police functions for a college or university;
(10) Investigators appointed by the attorney
general and invested with authority pursuant to RSA 21-M:3,VII; and
(11) Forest rangers invested with authority
pursuant to RSA 227-G:9, II and RSA 227-G:9, III.
Source. #5836, eff 6-15-94; ss by #7301, eff 6-8-00; ss by #9222, eff 8-1-08; ss by #11196, eff 10-7-16
Pol 101.25 “Hiring authority” means the chief law
enforcement officer of an agency, except when related to an employment
action(s) regarding a chief law enforcement officer, in which case the term
means a unit of government, agency or its authorized official with lawful
authority to take employment action on the chief law enforcement officer.
Source. #5836, eff 6-15-94; ss by #7301, eff 6-8-00; ss by #9222, eff 8-1-08
Pol 101.26
"Imitation controlled drug" means an imitation controlled drug
or analog as defined in RSA 318-B.
Source. #5836, eff 6-15-94; ss by #7301, eff 6-8-00
Pol 101.27 “Mental disorder” means a condition defined in
the current edition of the Diagnostic and Statistical Manual of Mental
Disorders of the American Psychiatric Association diagnosed by a psychologist
or psychiatrist, based upon mental status examination or psychological testing.
Source. #5836, eff 6-15-94; ss by #7301, eff 6-8-00; ss by #8925, eff 7-1-07
Pol 101.28
"Moral character" means the degree or extent of an
individual's honesty and respect for the law.
Source. #5836, eff 6-15-94; ss by #7301, eff 6-8-00
Pol 101.29
"Moral turpitude" means an illegal act involving dishonesty,
deceit, theft, or willful misrepresentation.
Source. #5836, eff 6-15-94; ss by #7301, eff 6-8-00
Pol 101.30 "Part-time police officer" means
any law enforcement officer who is not a full-time police officer and who is:
(a) Authorized to make arrests for violations of
the criminal, motor vehicle or boating laws of the state;
(b) Appointed or elected by one or more units of
government as a police officer; and
(c) Performs those law enforcement duties
specifically for those units of government including:
(1) Deputy sheriffs;
(2) Special, auxiliary and reserve officers of:
a. A local police department;
b. A county sheriff's department;
c. The division of state police;
d. The division of safety services;
e. The fish and game department;
f. State harbor masters;
g. A person invested with police powers by a
municipal government to perform police functions for a college or university;
or
h.
The department of resources and economic
development.
Source. #5836, eff 6-15-94; ss by #7301, eff 6-8-00; ss by #9222, eff 8-1-08
Pol 101.31
"Petitioner" means a party seeking action by the council.
Source. #5836, eff 6-15-94; ss by #7301, eff 6-8-00
Pol 101.32
"Police academy" means the basic training for full-time police
officers which is conducted or approved by the council in accordance with the
requirements contained in these rules.
Source. #5836, eff 6-15-94; ss by #7301, eff 6-8-00
Pol 101.33
"Probation/parole academy" means the basic training for state
probation/parole officers conducted by the council.
Source. #5836, eff 6-15-94; ss by #7301, eff 6-8-00
Pol 101.34
"Probation/parole officer" means an “officer” as defined in
RSA 188-F:23, V.
Source. #5836, eff 6-15-94; ss by #7301, eff 6-8-00
Pol 101.35 "Probationary period" means
employment as a police or corrections officer for a period of 12 consecutive
months with a single agency.
Source. #5836, eff 6-15-94; ss by #7301, eff 6-8-00; ss by #9222, eff 8-1-08
Pol 101.36
"Promotion" means an advancement in rank, grade or position.
Source. #5836, eff 6-15-94; ss by #7301, eff 6-8-00
Pol 101.37 “Qualified retired law enforcement officer”
means an officer eligible for retired
law enforcement officer identification pursuant to 18 U.S.C. 926C (c) 1, 2, 3
(A) or (B), 4, 5, 6, and 7.
Source. #5836, eff 6-15-94; ss by #7301, eff 6-8-00; ss by #8925, eff 7-1-07
Pol 101.38 “Qualified retired law enforcement officer
identification” means a photographic identification issued by the agency from
which the qualified retired law enforcement officer retired from service
certifying that the person meets the standards set forth in 18 U.S.C. 926C (d)
(2A) and Pol 101.37.
Source. #5836, eff 6-15-94; ss by #7301, eff 6-8-00; ss by 8925, eff 7-1-07
Pol 101.39 "Resignation" means a police or
corrections officer giving up his/her position or office.
Source. #5836, eff 6-15-94; ss by #7301, eff 6-8-00; ss by #8925, eff 7-1-07 (from Pol 101.37)
Pol 101.40 "Serious bodily injury" means
"serious bodily injury" as defined in RSA 625:11, VI.
Source. #5836, eff 6-15-94; ss by #7301, eff 6-8-00; ss by #8925, eff 7-1-07 (from Pol 101.38)
Pol 101.41 "Termination" means ceasing
employment as a police or corrections officer, through either resignation, as
defined in Pol 101.39, or discharge, as defined in Pol 101.17.
Source. #8925,
eff 7-1-07 (from Pol 101.39)
Pol 101.42
"Undue familiarity" means either developing or attempting to
develop an inappropriate intimate, personal or financial relationship with a
known criminal.
Source. #8925,
eff 7-1-07 (from Pol 101.40)
PART Pol 102
DESCRIPTION OF AGENCY
Statutory Authority:
RSA 188-F:22-28
Pol 102.01 Scope
of Council Authority. The council
shall carry out the responsibilities delegated to it in RSA 188-F:26, and shall
require hiring authorities to submit reports, documentation and information
pertinent to the efficient functioning of the council, as described in these
rules.
Source. #1534, eff 2-17-80; ss by #1988, eff 3-25-82;
ss by #2783, eff 7-27-84; ss by #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7301, eff 6-8-00
Pol
102.02 Administration of the Council.
(a)
Pursuant to RSA 188-F:25, the council shall be administratively attached
to the community college system of New Hampshire.
(b)
The enforcement of council rules, the management and supervision of
training programs conducted by or under the auspices of the council, the
management of council property, the supervision and coordination of council
employees and development of standard operating procedures and the conduct of
day-to-day council operations shall be the responsibility of the director.
(c)
The council shall delegate to the director from time to time such powers
as allowed by RSA 188-F:26, XIV-a.
Source. #1534, eff 2-17-80; ss by #1988, eff 3-25-82;
ss by #2783, eff 7-27-84; ss by #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7301, eff 6-8-00; ss by #9222, eff 8-1-08; ss by #11196, eff 10-7-16
Pol 102.03 Membership
of the Council. The council
membership shall be as specified in RSA 188-F:24.
Source. #1534, eff 2-17-80; ss by #1988, eff 3-25-82;
ss by #2783, eff 7-27-84; ss by #4437, eff 6-22-88; ss by #5836, eff 6-15-94; ss
by #7301, eff 6-8-00
Pol 102.04 Officers
of the Council. The officers of the
council shall consist of a chair and a vice-chair, designated as provided in
RSA 188-F:24, III. The vice-chair shall
assume the duties of the chair in case of absence or disability.
Source. #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7301, eff 6-8-00
Pol 102.05 Appointment
of Director. The director shall be
nominated and appointed as provided in RSA 188-F:26, XIV.
Source. #1534, eff 2-17-80; ss by #1988, eff 3-25-82;
ss by #2783, eff 7-27-84; ss by #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7301, eff 6-8-00
Pol 102.06 Quorum
of the Council. A quorum shall
consist of 6 members of the council, and as such, can operate with the same
authority as the full council.
Source. #5836, eff 6-15-94; ss by #7301, eff 6-8-00
PART Pol 103
PUBLIC REQUESTS FOR INFORMATION
Statutory Authority:
RSA 188-F:26, IV, and RSA 541-A:2, I(b)
Pol
103.01 Contacting the Council. All requests for information, rules, declaratory
judgments or other council action shall be made in accordance with RSA 91-A to
the director at the council's headquarters, 17 Institute Drive, Concord,
NH 03301-7413.
Source. #5836, eff 6-15-94; ss by #7301, eff 6-8-00; ss by #9222, eff 8-1-08
CHAPTER
Pol 200 RULES OF PRACTICE AND PROCEDURES
Statutory
Authority: RSA 188-F:26, I
PART
Pol 201 PURPOSE AND SCOPE
Pol
201.01 Purpose. This chapter provides procedural rules for
the conduct of hearings before the council affecting the rights or privileges
of any person, including the role of council staff in adjudicatory hearings,
procedural rules for rulemaking and declaratory hearings, and the procedures to
be followed in rulemaking hearings.
Source. #1534, eff 2-17-80; ss by #1988, eff 3-25-82;
ss by #2783, eff 7-27-84; ss by #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7302, eff 6-8-00; ss by #9167, INTERIM, eff 6-3-08, EXPIRES: 11-30-08;
ss by #9223-A, eff 8-1-08
Pol
201.02 Scope. The procedures specified in this chapter
shall apply whenever hearings before the council are required by statute or
rule.
Source. #1534, eff 2-17-80; ss by #1988, eff 3-25-82;
ss by #2783, eff 7-27-84; ss by #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7302, eff 6-8-00; ss by #9167, INTERIM, eff 6-3-08, EXPIRES: 11-30-08;
ss by #9223-A, eff 8-1-08
PART Pol 202
DEFINITIONS
Pol
202.01 "Data" means all
information, other than argument, including, but not limited to, comments,
reports, maps, surveys, charts, sound recordings, pictorial reproductions,
drawings, analyses, graphic representations, computer programs and printouts,
testimony, notes, memoranda and documents, whether finished or unfinished.
Source. #5836, eff 6-15-94; ss by #7302, eff 6-8-00;
ss by #9167, INTERIM, eff 6-3-08, EXPIRES: 11-30-08; ss by #9223-A, eff 8-1-08
Pol
202.02 "Ex parte
communications" means the transmittal of data or argument concerning the
merits of the subject matter of any hearing to or from an officer or employee
of the council who is assigned to render a decision or make findings of fact
and rulings of law in a given case without prior notice to all parties to the
proceeding.
Source. #5836, eff 6-15-94; ss by #7302, eff 6-8-00;
ss by #9167, INTERIM, eff 6-3-08, EXPIRES: 11-30-08; ss by #9223-A, eff 8-1-08
Pol
202.03 "Hearing" means the
formal or informal receipt by the council of data or argument, or both, from
persons.
Source. #5836, eff 6-15-94; ss by #7302, eff 6-8-00;
ss by #9167, INTERIM, eff 6-3-08, EXPIRES: 11-30-08; ss by #9223-A, eff 8-1-08
Pol
202.04 "Motion" means any
application by a party to a proceeding for an order relating to the proceeding.
Source. #5836, eff 6-15-94; ss by #7302, eff 6-8-00;
ss by #9167, INTERIM, eff 6-3-08, EXPIRES: 11-30-08; ss by #9223-A, eff 8-1-08
Pol
202.05 "Order" means a
document issued by the council requiring a person to do, or to abstain from
doing, something.
Source. #5836, eff 6-15-94; ss by #7302, eff 6-8-00;
ss by #9167, INTERIM, eff 6-3-08, EXPIRES: 11-30-08; ss by #9223-A, eff 8-1-08
Pol
202.06 "Party" means
"party" as defined in RSA 541-A:1, XII.
Source. #5836, eff 6-15-94; ss by #7302, eff 6-8-00;
ss by #9167, INTERIM, eff 6-3-08, EXPIRES: 11-30-08; ss by #9223-A, eff 8-1-08
Pol
202.07 "Person" means
"person" as defined in RSA 541-A:1, XIII.
Source. #5836, eff 6-15-94; ss by #7302, eff 6-8-00;
ss by #9167, INTERIM, eff 6-3-08, EXPIRES: 11-30-08; ss by #9223-A, eff 8-1-08
Pol 202.08 "Presiding officer" means
"presiding officer" as defined in RSA 541-A:1, XIV.
Source. #5836, eff 6-15-94; ss by #7302, eff 6-8-00;
ss by #9167, INTERIM, eff 6-3-08, EXPIRES: 11-30-08; ss by #9223-A, eff 8-1-08
Pol
202.09 "Proceeding" means any investigation
or adjudication in which the legal rights, duties or privileges of a person are
required by statute or rule to be determined by the council after opportunity
for a hearing.
Source. #5836, eff 6-15-94; ss by #7302, eff 6-8-00;
ss by #9167, INTERIM, eff 6-3-08, EXPIRES: 11-30-08; ss by #9223-A, eff 8-1-08
PART Pol 203
PETITIONS TO THE COUNCIL
Pol
203.01 Petitions for Adoption,
Amendment, or Repeal of a Rule. The
following shall apply to rulemaking petitions:
(a) Any
interested person may petition the council, in writing, through the director,
requesting the adoption, amendment or repeal of a rule.
(b) Such
petitions shall conform to the requirements set out in Pol 203.03.
(c) Such
petitions shall be received and disposed of as follows:
(1) Petitions
shall be submitted to the office of the director;
(2) If the
director decides that any petition is deficient in any respect, the director
shall, within 10 working days of receipt of the deficient petition, notify the
petitioner in writing of the specific deficiencies and allow the petitioner to
amend the petition;
(3) Within 30
days of receipt of a complete petition, the council shall take one of the
following actions:
a. Initiate the
requested procedure in accordance with RSA 541-A:3 if the requested action is:
1. Within the
authority of the council;
2. Consistent
with and best implements state statutes affecting the council; and
3. A policy
change the council determines to be in the best interest of the state; or
b. Deny the
petition, in writing, stating fully the reasons for denial, subject to appeal
of the denial to the council.
Source. #5836, eff 6-15-94; ss by #7302, eff 6-8-00;
ss by #9167, INTERIM, eff 6-3-08, EXPIRES: 11-30-08; ss by #9223-A, eff 8-1-08
Pol
203.02 Petitions for Declaratory
Rulings. The following shall apply
to petitions for declaratory rulings:
(a) Any interested person may petition the
council, through the director, requesting a declaratory ruling on the
applicability of any statute or rule administered or enforced by the council.
(b) Such petitions shall conform to the
requirements set out in Pol 203.03.
(c) Such petitions shall be received and disposed
of in the following manner:
(1) Petitions
shall be submitted to the director;
(2) If the director
determines that any petition is deficient in any respect, the director shall,
within 10 working days of receipt of the deficient petition, notify the
petitioner in writing of the specific deficiencies and allow the petitioner to
amend the petition; and
(3) When a
complete petition for a declaratory ruling has been received by the director,
the director shall take one of the following actions:
a. Put the item
on the agenda for consideration at the next regularly scheduled council
meeting; or
b. When legal
advise appears necessary, request the opinion of the department of justice
within 20 working days, and place the item on the agenda for the next regularly
scheduled council meeting on receipt of the attorney general's reply.
(4) The council shall
issue a declaratory ruling responsive to an acceptable petition within 60 days
of receipt of the acceptable petition, or within 60 days of receipt of the
attorney general's reply, as applicable.
Source. #5836, eff 6-15-94; ss by #7302, eff 6-8-00;
ss by #9167, INTERIM, eff 6-3-08, EXPIRES: 11-30-08; ss by #9223-A, eff 8-1-08
Pol
203.03 Petition Information. Each petition for adoption, amendment, or
repeal of a rule, or for a declaratory ruling shall conform to the following:
(a) Each petition shall be in legible written
form and addressed to the director: Office of the Director, New Hampshire
Police Standards and Training Council, 17 Institute Drive, Concord, New
Hampshire, 03301;
(b) Each petition shall include the name and
address of the petitioner, and, if applicable, the name and address of the
organization the petitioner represents;
(c) The petition shall state in detail why the
council should make such a ruling;
(d) The petitioner shall cite the rule to be amended
or repealed and shall specify any amendments to be made. If adoption of a new rule is sought, the
petition shall provide the text of the proposed rule. If a declaratory ruling is sought, the
petitioner shall cite the statute or rule and provide all information in his or
her possession or available to him/her which is material to the declaratory
ruling; and
(e) The petitioner shall sign and include the
date of the petition.
Source. #5836, eff 6-15-94; ss by #7302, eff 6-8-00;
ss by #9167, INTERIM, eff 6-3-08, EXPIRES: 11-30-08; ss by #9223-A, eff 8-1-08
PART Pol 204
FILING AND SERVICE OF DOCUMENTS
Pol
204.01 Filing of Documents with the
Council. The following shall apply
to filing of documents with the council:
(a) A document shall be considered filed when it
is actually received at the office of the police standards and training council
in Concord and conforms with the requirements of this chapter. A document tendered for filing which is
patently and facially in violation of the council's rules shall be returned to
the sender and not accepted for filing.
(b) All correspondence to the council shall be
addressed to the director at the council facility in Concord.
(c) All documents filed shall be filed with an
original. Photocopies or facsimile
copies shall not be accepted.
Source. #5836, eff 6-15-94; ss by #7302, eff 6-8-00;
ss by #9167, INTERIM, eff 6-3-08, EXPIRES: 11-30-08; ss by #9223-A, eff 8-1-08
Pol
204.02 Subscriptions and Veracity of
Documents. All petitions, motions,
and replies filed with the council shall be signed by the proponent of the
document, or, if the party appears by a representative, by the representative.
Source. #5836, eff 6-15-94; ss by #7302, eff 6-8-00;
ss by #9167, INTERIM, eff 6-3-08, EXPIRES: 11-30-08; ss by #9223-A, eff 8-1-08
Pol
204.03 Service of Documents. The following shall apply to service of
documents:
(a) Petitions for rulemaking and petitions for
declaratory rulings shall be filed with the council without service upon other
persons.
(b) All petitions, motions, replies, exhibits,
memoranda, or other documents filed in an adjudicatory proceeding shall be
served by the proponent on the council by:
(1) Depositing
the document in the United States mail, first class postage prepaid, addressed
to the council no later than 7 days prior to the proceeding or action; or
(2) Delivering a
copy of the document in hand no later than 5 days prior to the date of the
proceeding or action.
(c) All notices,
orders, decisions, or other documents issued by the council in the course of an
adjudicatory proceeding shall be served by the council to all parties to the
proceeding by either:
(1) Depositing a
copy of the document, first class postage prepaid, in the United States mail,
addressed to the last address given to the council by the party being served;
or
(2) Delivering a
copy of the document in hand to the party.
(d) When a party has appeared by a
representative, service shall be upon the representative, provided however,
that timely service which is actually received by a party shall be sufficient
regardless of whether the party's representative was also served.
(e) Except for exhibits distributed at a
prehearing conference or proceeding, every document filed with the council, and
required to be served upon the parties to an adjudicatory proceeding, shall be
accompanied by a certificate of service, signed by the person making service,
attesting to the method and date of service, and the persons served.
Source. #5836, eff 6-15-94; ss by #7302, eff 6-8-00;
ss by #9167, INTERIM, eff 6-3-08, EXPIRES: 11-30-08; ss by #9223-A, eff 8-1-08
PART Pol 205
HEARINGS
Pol
205.01 Representation of Affirmative. The director or his or her designee, or such
other person that the council designates shall represent the affirmative side
of any proposition brought in the council's name.
Source. #5836, eff 6-15-94; ss by #7302, eff 6-8-00;
ss by #9167, INTERIM, eff 6-3-08, EXPIRES: 11-30-08; ss by #9223-A, eff 8-1-08
Pol
205.02 Commencement of Proceeding.
(a) The director, or his or her designee, shall
review information received relating to an officer's eligibility to be
certified, the decertification of an officer, or an agency's compliance with
the council's rules, and make a preliminary determination of probable cause to
hold a hearing on the matter, or refer the matter to the council for a
determination on whether a hearing is necessary.
(b) The council shall, on its own motion direct
the staff to commence an investigation and hearing if it receives information from
a source that it deems credible outlining a potential violation of council
rules.
Source. #5836, eff 6-15-94; ss by #7302, eff 6-8-00;
ss by #9167, INTERIM, eff 6-3-08, EXPIRES: 11-30-08; ss by #9223-A, eff 8-1-08
Pol
205.03 Designation. The following shall apply to the presiding
officer:
(a) Adjudicatory proceedings commenced by the
council shall be conducted by a presiding officer.
(b) The chairman, or in his or her absence or
recusal, the vice-chairman of the council shall serve as the presiding officer.
(c) The council shall, if it becomes necessary,
and without notice or hearing, replace the presiding officer. In the absence or recusal of both the chair
and vice-chair, the council shall select by majority vote a presiding officer
for the proceeding.
(d) Examples of situation where the replacement
of the presiding officer would be necessary shall include but not be limited
to:
(1) Illness or
incapacity of the presiding officer;
(2) Appearance of
a conflict of interest;
(3) Actual
conflict of interest;
(4) Whenever it
appears to the council that the interests of the parties involved so require
replacement; and
(5) The presiding
officer personally believes that s/he cannot fairly judge the facts of the
case.
(e) Mere knowledge of the issues, the parties or
any witness shall not constitute good cause for replacement.
Source. #5836, eff 6-15-94; ss by #7302, eff 6-8-00;
ss by #9167, INTERIM, eff 6-3-08, EXPIRES: 11-30-08; ss and moved by #9223-A, eff 8-1-08 (from Pol 205.02)
Pol
205.04 Informal Conferences. The following shall apply to informal conferences:
(a) Upon request of any party, or upon the
council’s own motion, the presiding officer shall schedule one or more informal
conferences prior to the commencement of formal proceedings. All parties shall be provided prior notice of
any informal conference from the presiding officer.
(b) Said informal conferences may include, but
shall not be limited to, consideration of the following:
(1) Offers of
settlement;
(2) Simplifications of the issues;
(3) Stipulations
or admissions as to issues of fact or proof by consent of the parties;
(4) Limitations
on the number of witnesses;
(5) Changes to
standard procedures desired during the hearing;
(6) Stipulations
to eliminate repetitive testimony or provide for the taking of depositions by
the parties; and
(7) Any other
matters which will aid in the disposition of the proceeding.
(c) The presiding
officer shall cause all oral proceedings, such as informal conferences and
hearings, to be recorded verbatim. These
audio recordings shall be part of the record.
Any person entitled by RSA 91-A thereto may request a copy of such
recording, or request transcription. The
requesting party shall pay all actual costs for such transcription.
(d) A proposed
order incorporating the matters determined at all prehearing conferences shall
be issued and served to all parties.
Source. #5836, eff 6-15-94; ss by #7302, eff 6-8-00;
ss by #9167, INTERIM, eff 6-3-08, EXPIRES: 11-30-08; ss and moved by #9223-A, eff 8-1-08 (from Pol 205.03)
Pol
205.05 Settlements. The following shall apply to settlements:
(a) Upon agreement by all parties to an offer of
settlement, the presiding officer shall cause a formal document to be drawn up
which specifies the terms of such settlement.
(b) The settlement shall not become final unless
all parties shall sign the agreed upon document and until approved by the
council at an official meeting.
(c) By signing the document, all parties shall
thereby agree to waive their right to an adjudicatory proceeding.
(d) Copies of the document shall be distributed
to all parties, and the original shall be retained by the council.
Source. #5836, eff 6-15-94; ss by #7302, eff 6-8-00;
ss by #9167, INTERIM, eff 6-3-08, EXPIRES: 11-30-08; ss and moved by #9223-A, eff 8-1-08 (from Pol 205.04)
Pol
205.06 Withdrawal of Action by the
Director. The following shall apply
to the withdrawal of action by the director:
(a) Notwithstanding the provisions of Pol 205.03,
the director or his or her designee shall meet informally at the request of the
opposing party prior to any hearing on a complaint being brought by the director
or his or her designee, for the purpose of narrowing the issues to be litigated
or arriving at a pre-hearing settlement in which the director agrees to
withdraw the complaint.
(b) The results of any such conference shall be
reduced to writing and signed by all parties to the action.
Source. #7302, eff 6-8-00; ss by #9167, INTERIM, eff 6-3-08,
EXPIRES: 11-30-08; ss and moved by #9223-A,
eff 8-1-08 (from Pol 205.05)
Pol
205.07 Intervention. The following shall apply to intervention:
(a) A non-party
may intervene in a matter pending before an agency under the provisions of RSA
541-A:32 by filing a motion stating facts demonstrating that the non-party’s
rights or other substantial interests might be affected by the proceeding or
that the non-party qualifies as an intervenor under any provision of law.
(b) If the presiding officer determines that such
intervention would be in the interests of justice and would not impair the
orderly and prompt conduct of the hearing, he or she shall grant the motion for
intervention.
(c) Except as limited by the presiding officer
under RSA 541-A:32, III, an intervenor shall be entitled to participate in a
hearing as a party.
Source. #9223-A,
eff 8-1-08 (from Pol 205.06)
PART Pol 206
CONDUCT OF HEARINGS
Pol
206.01 Notice of Hearings. The following shall apply to notice of
hearings:
(a) All notice of hearings shall:
(1) Be prepared
and forwarded so as to afford all parties sufficient opportunity to prepare for
and develop the issues to be considered and decided at the hearing;
(2) Be prepared
in writing and forwarded to the parties in a sealed envelope, either through
the United States mail or by personal service; and
(3) Be forwarded
to an attorney if the attorney has filed an appearance on behalf of a party.
(b) All notices of hearings shall contain the
following:
(1) The time,
date and place of the hearing;
(2) The legal
authority under which the hearing is to be held;
(3) A brief
description of the reasons which have caused said hearing to be called, to
include identification of any statute or rule allegedly violated by the party
being notified;
(4) Notice of the
existence and availability of rules relative to the conduct of the hearing, and
the place said rules may be obtained;
(5) The
necessity, if any, to produce documents or other articles of evidence at the
hearing pursuant to the authority contained in RSA 188-F:26, II-a;
(6) The
consequence of failing to appear at the hearings as directed;
(7) A statement
that upon request, the council will furnish a more detailed statement of the
issues involved within a reasonable time;
(8) A statement
that each party has the right to have an attorney represent them at their own
expense; and
(9) A statement
that each party has the right to have the agency provide a certified shorthand
court reporter at the party’s expense and that any such request shall be
submitted in writing at least 10 days prior to the hearing.
Source. #5836, eff 6-15-94; ss by #7302, eff 6-8-00;
ss by #9167, INTERIM, eff 6-3-08, EXPIRES: 11-30-08; ss by #9223-A, eff 8-1-08
Pol
206.02 Scheduling of Hearing. The date set for hearing shall allow
sufficient and reasonable time for preparation of the case by council and all
parties.
Source. #5836, eff 6-15-94; ss by #7302, eff 6-8-00;
ss by #9167, INTERIM, eff 6-3-08, EXPIRES: 11-30-08; ss by #9223-A, eff 8-1-08
Pol
206.03 Failure to Appear. The following shall apply to a failure to
appear:
(a) Except as provided in (b), if a party to whom
notice has been served in accordance with this chapter fails to appear at a
hearing and fails to advise the council of non-appearance prior to the
scheduled time of the hearing, he or she shall have a decision rendered against
him or her which shall result in adverse administrative action by default.
(b) There shall be no decision rendered against
said party if, within 7 days of the originally scheduled hearing, the party can
show good cause for failing to appear at the hearing. Good cause shall include illness, accident,
death of a family member, or similar problem beyond the party's control.
Source. #5836, eff 6-15-94; ss by #7302, eff 6-8-00;
ss by #9167, INTERIM, eff 6-3-08, EXPIRES: 11-30-08; ss by #9223-A, eff 8-1-08
Pol
206.04 Representation. The following shall apply to representation:
(a) Parties shall have the right to represent themselves,
or be represented by an attorney licensed in New Hampshire, or be represented
by any individual whom they shall so designate, by assigned writing.
(b) Parties or their representatives shall be
permitted to cross examine witnesses, and to present evidence and witnesses on
their own behalf.
Source. #5836, eff 6-15-94; ss by #7302, eff 6-8-00;
ss by #9167, INTERIM, eff 6-3-08, EXPIRES: 11-30-08; ss by #9223-A, eff 8-1-08
Pol
206.05 Conduct of Representation. The following shall apply to conduct of
representation:
(a) Persons representing parties or intervenors
in adjudicative hearings shall treat the process and the following persons with
respect, fairness, and candor:
(1) All other
participants including parties, intervenors, witnesses, and representatives;
and
(2) Council
members and any person presiding over the proceeding.
(b) To comply with (a), above, representatives
shall comply with the following:
(1) The
representative shall not make a claim or assertion unless there is admissible
evidence which supports such claim or assertion;
(2) The
representative shall not, personally or through another, deliberately make a
false or misleading statement of material fact or law during the course of the
proceedings;
(3) The
representative shall not, personally or through another, deliberately inhibit
or delay access to, conceal unprivileged evidence from other participants, or
destroy unprivileged evidence before or during the proceedings;
(4) The representative
shall not, personally or through another, knowingly violate the requirements of
any provision of this section, regardless of whether or not an advantage is
gained thereby;
(5) The representative
shall not, during the proceedings:
a. Offer his or
her opinion as to matters at issue in the proceedings, except in opening
statements, closing arguments, and when requested by any person presiding over
the proceedings; or
b. Attempt to
influence any person presiding over the proceedings on an ex parte basis;
(6) The
representative shall not engage in behavior that disrupts the proceedings,
including but not limited to:
a. Delaying the
proceedings only for the sake of delay;
b. Making frivolous
claims or filing frivolous motions;
c. Using language
so as to be deliberately offensive or verbally abusive to any participant; and
d. Employing
tactics that have no purpose other than to embarrass or burden any participant;
(7) The
representative shall not personally or through another contact any participant
directly if the representative knows that such other person also has
representation;
(8) A
non-attorney representative shall not, pursuant to RSA 311:7, act as a
representative for another in more than 3 proceedings in any 2 year period; and
(9) The
representative shall not engage in any other act that is in any way dishonest
or lacking in candor toward any participant or any person presiding over the
proceedings.
(c) For any representative, violation of any
provision of (b), above, shall constitute misconduct under these rules.
(d) If any person presiding over the proceedings
believes that a representative has committed misconduct during the proceedings,
the person shall:
(1) Warn the
representative on the record, indicating the nature of the misconduct believed
to have occurred, and take no further action;
(2) Inform the
representative that, after the conclusion of the proceedings, the person
presiding over the proceedings will file a complaint alleging misconduct by the
representative; or
(3) Suspend the
proceedings and file a complaint alleging misconduct by the representative.
(e) The person presiding over the proceedings
shall implement:
(1) The
provisions of (d)(l), above, if the misconduct alleged to have occurred does
not prejudice any other participant;
(2) The
provisions of (d)(2), above, if the misconduct alleged to have occurred
prejudices any other participant, but action can be and is taken to mitigate
any such prejudice; and
(3) The
provisions of (d)(3), above, if the misconduct alleged to have occurred
prejudices any other participant, but action cannot be taken to mitigate any
such prejudice, or if a continuing course of misconduct makes it impossible to
continue a proceeding.
(f) Any person who, after notice and opportunity
for hearing pursuant to Pol 205, is found to have committed misconduct shall be
barred from appearing as a representative before the council as provided below:
(1) For the first
act of misconduct the bar shall be for 6 months;
(2) For the
second act of misconduct the bar shall be for one year; and
(3) For the third
or subsequent act of misconduct the bar shall be permanent.
Source. #5836, eff 6-15-94; ss by #7302, eff 6-8-00;
ss by #9167, INTERIM, eff 6-3-08, EXPIRES: 11-30-08; ss by #9223-A, eff 8-1-08
Pol
206.06 Authority of Presiding Officer. Subject to the statutes and rules governing
the council, the presiding officer shall:
(a) Schedule and hold hearings;
(b) Regulate and control the course of hearings;
(c) Administer oaths or affirmations;
(d) Receive relevant evidence;
(e) Take official notice of facts which are of
common knowledge and general notoriety;
(f) Dispose of procedural requests, including
adjournments or continuances, at the request of parties or on his/her own
motion;
(g) Hold informal conferences to aid in the
prompt and efficient disposition of the proceedings;
(h) Interview and examine witnesses;
(i) Cause a complete record of any proceeding to
be made;
(j) Take any other action, consistent with
applicable statutes and rules, necessary to conduct and complete the proceeding
in a fair and timely manner; and
(k) Issue subpoenas to compel the attendance of
witnesses at hearings or the production of documents, if so authorized by law.
Source. #5836, eff 6-15-94; ss by #7302, eff 6-8-00;
ss by #9167, INTERIM, eff 6-3-08, EXPIRES: 11-30-08; ss by #9223-A, eff 8-1-08
Pol
206.07 Oaths or Affirmations. The presiding officer shall administer an
oath or affirmation to all individuals who wish to present testimony at any
hearing.
Source. #5836, eff 6-15-94; ss by #7302, eff 6-8-00;
ss by #9167, INTERIM, eff 6-3-08, EXPIRES: 11-30-08; ss by #9223-A, eff 8-1-08
Pol 206.08 Record of Hearing. The following shall apply to the record of
the hearing:
(a) The presiding
officer shall cause all oral proceedings under this part to be recorded. The recordings shall become part of the
record for decision and shall be available to all parties for examination and
copying.
(b) The presiding officer shall make available a
copy of the recording or transcription to any person entitled under RSA 91-A
requesting such within 30 days of such request. The requesting party shall pay
all actual costs for such transcriptions or copies.
Source. #5836, eff 6-15-94; ss by #7302, eff 6-8-00;
ss by #9167, INTERIM, eff 6-3-08, EXPIRES: 11-30-08; ss by #9223-A, eff 8-1-08
Pol
206.09 Motions. The following shall apply to motions:
(a) Motions shall be in written form, unless
presented at the hearing. All motions shall be included in the record of the
proceeding.
(b) Oral motions and any oral objections shall be
recorded in full in any transcript of the hearing. If the presiding officer finds that the
motion requires additional information in order to be fully and fairly
considered, the presiding officer shall direct the moving party to submit the
motion in writing with supporting information.
(c) All motions shall be decided by the presiding
officer upon the writings submitted, unless oral argument on the motion is
presented by a party.
(d) Objections to written motions shall be filed
within 15 days of the date of the motion.
(e) Failure by an opposing party to object to a
motion shall not in and of itself constitute grounds for granting the motion.
(f) The presiding officer shall rule upon a
motion after full consideration of all objections and other facts relevant to
the motion.
Source. #5836, eff 6-15-94; ss by #7302, eff 6-8-00;
ss by #9167, INTERIM, eff 6-3-08, EXPIRES: 11-30-08; ss by #9223-A, eff 8-1-08
Pol
206.10 Standard and Order of Proof. The party asserting a proposition shall bear
the burden of proving the truth of the proposition by a preponderance of the
evidence.
Source. #5836, eff 6-15-94; ss by #7302, eff 6-8-00;
ss by #9167, INTERIM, eff 6-3-08, EXPIRES: 11-30-08; ss by #9223-A, eff 8-1-08
Pol
206.11 Burden of Proof. In all proceedings governed by this chapter
the party asserting the affirmative of a proposition shall have the burden of
proving the truth of that proposition, by a preponderance of the evidence.
Source. #5836, eff 6-15-94; ss by #7302, eff 6-8-00;
ss by #9167, INTERIM, eff 6-3-08, EXPIRES: 11-30-08; ss by #9223-A, eff 8-1-08
Pol
206.12 Testimony; Order of
Proceeding.
(a) Any individual offering testimony , evidence
or arguments shall state for the record his or her name and role in the
hearing. If the individual is
representing another person, the person being represented shall also be
identified.
(b) Testimony on behalf of the parties shall be
offered in the following order:
(1) The testimony
of the party or parties bearing the overall burden of proof and such witnesses
as such party or parties may call; and
(2) Thereafter
the testimony of the party or parties opposing the party who bears the overall
burden of proof and such witnesses as such party or parties may call.
Source. #5836, eff 6-15-94; ss by #7302, eff 6-8-00;
ss by #9167, INTERIM, eff 6-3-08, EXPIRES: 11-30-08; ss by #9223-A, eff 8-1-08
Pol
206.13 Evidence. The following shall apply to evidence:
(a) Hearings shall not be bound by the New
Hampshire rules of evidence, nor by technical or formal rules of procedure.
(b) All relevant, material evidence shall be
admissible. Such evidence may include,
but is not limited to, depositions, affidavits, official documents and
testimony of witnesses.
(c) The presiding officer shall exclude evidence
that is irrelevant, immaterial, or unduly repetitious.
Source. #5836, eff 6-15-94; ss by #7302, eff 6-8-00;
ss by #9167, INTERIM, eff 6-3-08, EXPIRES: 11-30-08; ss and moved by #9223-A, eff 8-1-08 (from Pol 206.12)
Pol
206.14 Concluding Proceeding. No party shall be required to rest his/her
case at a particular time, except when the presiding officer is reasonably certain
that all relevant evidence, rebuttal and re-rebuttal have been heard.
Source. #5836, eff 6-15-94; ss by #7302, eff 6-8-00;
ss by #9167, INTERIM, eff 6-3-08, EXPIRES: 11-30-08; ss and moved by #9223-A, eff 8-1-08 (from Pol 206.13)
Pol
206.15 Ex Parte Communications. Ex parte communications of any kind during
the pendency of the proceeding shall be prohibited except as provided in RSA
541-A:36 and Pol 202.02.
Source. #7302, eff 6-8-00; ss by #9167, INTERIM, eff 6-3-08,
EXPIRES: 11-30-08; ss and moved by #9223-A,
eff 8-1-08 (from Pol 206.14)
Pol
206.16 Continuances. The following shall apply to continuances:
(a) Any party to a hearing may make an oral or
written motion that a hearing be continued to a later date or time.
(b) If a postponement is requested by a party to
the hearing, it shall be granted if the presiding officer determines that good
cause has been demonstrated.
(c) Good cause pursuant to (b) above shall
include but is not limited to:
(1) The
unavailability of parties, witnesses or attorneys necessary to conduct the
hearing;
(2) The
likelihood that a hearing will not be necessary because the parties have
reached a settlement; or
(3) Any other
circumstances that demonstrate that a postponement would assist in resolving
the case fairly.
(d) If the later date, time and place are known
at the time of the hearing that is being continued, the date, time and place
shall be stated on the record. If the
later date, time and place are not known at the time of the hearing that is
being postponed, the presiding officer shall issue a written order stating the
date, time and place of the continued hearing as soon as practicable.
Source. #7302, eff 6-8-00; ss by #9167, INTERIM, eff 6-3-08,
EXPIRES: 11-30-08; ss and moved by #9223-A,
eff 8-1-08 (from Pol 206.15)
Pol
206.17 Waiver of Hearings Rules. The following shall apply to the waiver of
hearings rules.
(a) The presiding officer, upon his or her own
initiative or upon the motion of any party, shall suspend or waive any
requirement or limitation imposed by this chapter upon reasonable notice to
affected persons when the proposed waiver or suspension appears to be lawful,
and would be more likely to promote the fair, accurate and efficient resolution
of issues pending before the agency than would adherence to a particular rule
or procedure.
(b) The rules that are waived shall be made part
of the record of the proceedings.
Source. #9223-A,
eff 8-1-08 (from Pol 206.16)
Pol
206.18 Subpoenas. The following shall apply to subpoenas:
(a) The person to whom the subpoena is directed
may file a motion to quash or modify the subpoena.
(b) Any motion to quash or modify a subpoena
shall be filed:
(1) Within 10
days after service of the subpoena; or
(2) By the date
specified in the subpoena for compliance therewith, if that date is less than
10 days after the date of service.
(c) Upon receipt a motion to quash or modify a
subpoena, the presiding officer shall determine the merits of the motion based
upon the written submissions.
(d) The person to whom the subpoena is directed
shall not be required to comply therewith until the presiding officer rules
upon the motion to quash or modify.
(e) If the motion to quash or modify is granted
in whole or in part, the person to whom the subpoena is directed shall comply
within the balance of time prescribed in the subpoena, which shall be extended
to include the time elapsed between the filing of motion to quash or modify to
the service of the ruling thereon.
(f) A subpoena shall be served in the manner
authorized for service of subpoenas of the New Hampshire superior courts.
Source. #9223-A,
eff 8-1-08
Pol
206.19 Computation of Time.
(a) Unless otherwise specified, all time periods
referenced in this chapter shall be calendar days.
(b) Computation of any period of time referred to
in these rules shall begin with the day after the action which sets the time
period in motion, and shall include the last day of the period so computed.
(c) If the last day of the period so computed
falls on a Saturday, Sunday or legal holiday, then the time period shall be
extended to include the first business day following the Saturday, Sunday or
legal holiday.
Source. #9223-A,
eff 8-1-08
Pol
206.20 Voluntary Production of
Information.
(a) Each party shall attempt in good faith to
make complete and timely response to requests for the voluntary production of
information or documents relevant to the hearing.
(b) When a dispute between parties arises
concerning to a request for the voluntary production of information or
documents, any party may file a motion to compel the production of the
requested information under Pol 206.21.
Source. #9223-A,
eff 8-1-08
Pol
206.21 Motions to Compel Production
of Information.
(a) Any party may make a motion requesting that
the presiding officer order the parties to comply with information requests. The motion shall be filed at least 30 days
before the date scheduled for the hearing, or as soon as possible after
receiving the notice of hearing if such notice is issued less than 30 days in
advance of the hearing.
(b) The moving party's motion shall:
(1) Set forth in
detail those factors which it believes justify its request for information; and
(2) List with
specificity the information it is seeking to discover.
(c) When a party has demonstrated that such
requests for information are necessary for a full and fair presentation of the
evidence at the hearing, the presiding officer shall grant the motion.
Source. #9223-A,
eff 8-1-08
Pol
206.22 Mandatory Pre-Hearing
Disclosure of Witnesses and Exhibits.
(a) At least 5 days before the hearing the
parties shall exchange a list of all witnesses to be called at the hearing with
a brief summary of their testimony, a list of all documents or exhibits to be
offered as evidence at the hearing, and a copy of each document or exhibit.
Source. #9223-A,
eff 8-1-08
Pol
206.23 Proposed Findings of Fact and
Conclusions of Law.
(a) Any party may submit proposed findings of fact
and conclusions of law to the presiding officer prior to or at the hearing.
(b) Upon request of any party, or if the
presiding officer determines that the proposed findings of fact and conclusions
of law would serve to clarify the issues presented at the hearing, the
presiding officer shall specify a date after the hearing for the submission of
proposed findings of fact and conclusions of law.
(c) In any case where proposed findings of fact
and conclusions of law are submitted, the decision shall include rulings on the
proposals.
Source. #9223-A,
eff 8-1-08
Pol
206.24 Agency Staff. Agency staff who have been designated by the
council or director to request a hearing and present the council's case shall
fully participate in the hearing. Other agency
staff shall have no role in the hearing unless called as a witness.
Source. #9223-A,
eff 8-1-08
PART Pol 207
FINDINGS AND ORDERS
Pol
207.01 Decisions. The following shall apply to decisions:
(a) All decisions
rendered by the council shall be made on the basis of the evidence of record
only.
Source. #5836, eff 6-15-94; ss by #7302, eff 6-8-00;
ss by #9167, INTERIM, eff 6-3-08, EXPIRES: 11-30-08; ss by #9223-A, eff 8-1-08
Pol
207.02 Orders. The following shall apply to orders:
(a) Within 7 days after the conclusion of the
hearing, the presiding officer shall issue an order reflecting the action to be
taken by the council and the reason therefor.
Said order shall be sent to the parties through the United States mail,
or by personal delivery.
(b) The order shall constitute a final action on
the part of the council.
Source. #5836, eff 6-15-94; ss by #7302, eff 6-8-00;
ss by #9167, INTERIM, eff 6-3-08, EXPIRES: 11-30-08; ss by #9223-A, eff 8-1-08
PART Pol 208
RECONSIDERATION AND STAY
Pol
208.01 Motion for Reconsideration or
Rehearing. The following shall apply
to a motion for reconsideration or rehearing:
(a) An adjudicatory order of the council,
including an order denying a petition for declaratory rulings or rulemaking,
shall not be final until the date it is served upon the parties pursuant to Pol
207.02(a).
(b) Within 30 days after service of a final
adjudicatory order of the council, any party may file a motion for
reconsideration which, if the action is subject to judicial review under RSA
541, shall serve as a petition for rehearing under that statute. No distinction
shall be made between the terms "reconsideration" and
"rehearing".
(c) Motions for reconsideration shall not be
accepted for orders adopting emergency or interim rules titled under RSA
541-A:18 or RSA 541-A:19, for final proposals filed under RSA 541-A:12, or for
final rules modified in response to legislative committee objections pursuant
to RSA 541-A:13.
(d) A motion for reconsideration pertaining to
(a) or (b) above, shall include any memorandum of law the petitioner wishes to
submit, shall identify each error of fact, error of reasoning, or erroneous
conclusion contained in the final order which the moving party wishes
reconsidered, and shall also concisely state the correct factual finding,
correct reasoning, and correct conclusion urged by the moving party.
(e) The council shall grant or deny the motion,
or any part thereof, on its merits, or treat the motion as one for reopening,
and grant it pending the receipt of such additional data or additional argument
as it considers necessary.
Source. #5836, eff 6-15-94; ss by #7302, eff 6-8-00;
ss by #9167, INTERIM, eff 6-3-08, EXPIRES: 11-30-08; ss by #9223-A, eff 8-1-08
Pol
208.02 Reconsideration on the
Council's Own Motion. The following
shall apply to reconsideration on the council's own motion:
(a) Within the time frame specified in Pol 208.01
(b), the council shall vote to reconsider any final action on its own motion,
when the council believes that a decision rendered contains a material error of
fact or law.
(b) If reconsideration is based upon the existing
record, prior notice shall not be given to the parties.
(c)
If the council believes further argument or data should be considered,
an appropriate order providing the parties with notice and an opportunity to be
heard shall be issued before any revision is made in the council's previous
action.
(d)
The council shall revise, or reverse the action under reconsideration
when the council determines that the arguments presented constitute a material
error of fact or law requiring an alternate decision.
Source. #5836, eff 6-15-94; ss by #7302, eff 6-8-00;
ss by #9167, INTERIM, eff 6-3-08, EXPIRES: 11-30-08; ss by #9223-A, eff 8-1-08
Pol
208.03 Stay of Council Orders. The following shall apply to stay of council
orders:
(a) A stay of order action shall be specifically
requested. The mere filing of a motion
for reconsideration shall not operate as a stay of any order, but a motion for
stay may be combined with a motion for reconsideration.
(b) A motion for stay shall be considered only if
it is filed within the time period for requesting reconsideration specified in
Pol 208.01(a).
(c) A motion for stay shall be granted when the
council determines that the arguments presented in the motion exhibit good
cause.
(d) Examples of good cause shall include, but not
be limited to:
(1) Claims of
inadequate legal representation at the initial hearing;
(2) Manifest
injustice; or
(3) Irreparable
financial harm.
(e) The council, acting on its own motion, shall
vote to stay the effect of any council order within the time period specified
in subparagraph (b), above, with or without issuing a corresponding order to
reconsider or reopen the proceeding.
Source. #5836, eff 6-15-94; ss by #7302, eff 6-8-00;
ss by #9167, INTERIM, eff 6-3-08, EXPIRES: 11-30-08; ss by #9223-A, eff 8-1-08
PART Pol 209
EXPLANATION OF ADOPTED RULES
Pol 209.01 Requests for Explanation of Adopted Rules.
The following shall apply to requests for explanation of adopted rules:
(a)
Any interested person may, within 30 days of the final adoption of a
rule, request a written explanation of that rule by making a written request to
the council including:
(1) The name and address
of the individual making the request; or
(2) If the request is that of an organization or
other entity, the name and address of such organization or entity and the name
and address of the representative authorized by the organization or entity to
make the request.
Source. #9223-B, eff 8-1-08; ss by #11197, eff 10-7-16
Pol 209.02 Contents of Explanation. The following shall apply to the contents of
explanations of adopted rules:
(a)
The council shall, within 90 days of receiving a request in accordance
with Pol 209.01, provide a written response which:
(1) Concisely states the meaning of the rule
adopted;
(2) Concisely states the principal reasons for
and against the adoption of the rule in its final form; and
(3) States, if the council did so, why the board overruled
any arguments and considerations presented against the rule.
Source. #9223-B, eff 8-1-08; ss by #11197, eff 10-7-16
PART Pol 210
PUBLIC COMMENT HEARINGS
Pol 210.01 Purpose. The purpose of this part is to provide
uniform procedures for the conduct of public comment hearings held pursuant to
RSA 541-A:11.
Source. #9223-A,
eff 8-1-08
Pol 210.02 Public Access and Participation. The following
shall apply to public access and participation in public comment hearings:
(a) Public comment hearings shall be open to the
public, and members of the public shall be entitled to testify, subject to the
limitations of Pol 210.03.
(b) People who wish to testify shall be asked to
write on the speaker's list:
(1) Their full names and addresses; and
(2) The names and addresses of organizations,
entities or other persons whom they represent, if any.
(c) Written comments, which may be submitted in
lieu of or in addition to oral testimony, shall be accepted for 10 days after
the adjournment of a hearing or after the adjournment of a postponed or
continued hearing.
Source. #9223-A,
eff 8-1-08
Pol 210.03 Limitations on Public Participation. The following shall apply to limitations on
public participation in public comment hearings:
(a) The council's chair or other person
designated by the council to preside over a hearing shall:
(1) Refuse to recognize for speaking or revoke
the recognition of any person who:
a. Speaks or acts in an abusive or disruptive
manner;
b. Fails to keep comments relevant to the
proposed rules that are the subject matter of the hearing; or
c. Restates more than once what he or she has
already stated; and
(2) Limit presentations on behalf of the same
organization or entity to no more than 3, provided that all those representing
such organization or entity may enter their names and addresses into the record
as supporting the position of the organization or entity.
Source. #9223-A,
eff 8-1-08
Pol 210.04 Media Access. The following shall apply to media access at
a public comment hearing:
(a)
Public comment hearings shall be open to print and electronic media,
subject to the following limitations when such limitations are necessary to
allow a hearing to go forward:
(1) Limitation of the number of media
representatives when their number together with the number of members of the
public present exceeds the capacity of the hearing room;
(2) Limitation on the placement of cameras to
specific locations within the hearing room; or
(3) Prohibition of interviews conducted within
the hearing room before or during the hearing.
Source. #9223-A,
eff 8-1-08
Pol 210.05 Conduct of Public Comment Hearings. The following shall apply to the conduct of
public comment hearings:
(a)
Public comment hearings shall be attended by a quorum of the council.
(b) Public comment hearings shall be
presided over by the council chair or a council member knowledgeable in the
subject area of the proposed rules who has been designated by the council to
preside over the hearing.
(c)
The chair or other person presiding over a hearing shall:
(1) Call the hearing to order;
(2) Identify the proposed rules that are the
subject matter of the hearing and provide copies of them upon request;
(3) Cause a recording of the hearing to be made;
(4) Recognize those who wish to be heard;
(5) If necessary, establish limits pursuant Pol
210.03 and Pol 210.04;
(6) If necessary to permit the hearing to go
forward in an orderly manner, effect the removal of a person who speaks or acts
in a manner that is personally abusive or otherwise disrupts the hearing;
(7) If necessary, postpone or move the hearing;
and
(8) Adjourn or continue the hearing.
(d) A hearing shall be postponed in accordance
with RSA 541-A:11, IV when:
(1) The weather is so inclement that it is
reasonable to conclude that people wishing to attend the hearing will be unable
to do so;
(2) The council chair or other person designated
by the council to preside over the hearing is ill or unavoidably absent; or
(3) Postponement will facilitate greater
participation by the public.
(e) A hearing shall be moved to another location
in accordance with RSA 541-A:11, V when the original location is not able to
accommodate the number of people who wish to attend the hearing.
(f) A hearing shall be continued past the
scheduled time or to another date in accordance with RSA 541-A:11, III when:
(1) The time available is not sufficient to give
each person who wishes to speak a reasonable opportunity to do so; or
(2) The capacity of the room in
which the hearing is to be held does not accommodate the number of people who
wish to attend and it is not possible to move the hearing to another location.
Source. #9223-A,
eff 8-1-08
CHAPTER Pol
300 APPLICATION AND QUALIFICATION
PART Pol 301 APPLICATION PROCEDURES
Statutory
Authority: RSA 188-F:23, 26-28
Pol 301.01 High School Diploma or Equivalent. Each applicant for employment as a police,
corrections or probation/parole officer shall meet the following requirements
relative to applicant’s education:
(a)
No person shall be employed as a full or part-time police, corrections
or probation/parole officer who is not a high school graduate, except as
provided in (c) or (d) below;
(b)
A legible copy of the person's high school diploma or transcript shall
be submitted to the council with the council Form "A";
(c)
In the absence of a diploma, the applicant shall submit a New Hampshire
high school equivalency certificate issued as prescribed by the New Hampshire department
of education or an equivalent body of another state or territory; and
(d)
In the absence of proof of successful high school completion or
equivalency certificate, the applicant shall submit a transcript verifying
successful completion of 2 years of postsecondary education at any college,
university or other postsecondary institution accredited by an accrediting body
recognized by the state department of education.
Source. #1534, eff 2-17-80; ss by #1988, eff 3-25-82;
ss by #2783, eff 7-27-84; ss by #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #5997, eff 3-4-95; ss by #7302, eff 6-8-00; ss by #9168, INTERIM, eff
6-3-08, EXPIRES: 11-30-08; ss by #9224, eff 8-1-08; ss by #12041, eff 11-16-16
Pol 301.02 Fingerprints and Criminal Record Checks. Each applicant shall meet the following
requirements relative to the applicant’s fingerprint and criminal and motor
vehicle record checks:
(a)
The hiring authority shall cause each applicant for employment as a
police, corrections or probation/parole officer to be fingerprinted,
notwithstanding that the applicant may already be employed by another agency or
is already a certified officer. The
applicant's fingerprints shall be submitted to the division of state police for
the purpose of determining the existence of any criminal history record. The hiring authority shall also check for the
existence of a criminal history record and motor vehicle violation history
record in New Hampshire and wherever the applicant has resided;
(b)
No applicant who has been convicted of a felony under federal law, or
the law of this or any other state, province, territory or country, unless
he/she has been pardoned, shall be appointed as a full-time or part-time
police, corrections or probation/parole officer; and
(c)
Pursuant to RSA 651:5, XI (b), the council shall consider the existence
of an annulled criminal record in determining the fitness of an individual to
serve as a law enforcement officer, in accordance with the criteria of Pol
301.05(g).
Source. #1534, eff 2-17-80; ss by #1988, eff 3-25-82;
ss by #2783, eff 7-27-84; ss by #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7302, eff 6-8-00; ss by #9168, INTERIM, eff 6-3-08, EXPIRES: 11-30-08;
ss by #9224, eff 8-1-08; ss by #12041, eff 11-16-16
Pol 301.03 Citizenship. No person shall be appointed as a police
officer unless he/she is a citizen of the United States.
Source. #1534, eff 2-17-80; ss by #1988, eff 3-25-82;
ss by #2783, eff 7-27-84; ss by #4437, eff 6-22-88; ss by #5836, eff 6-15-94; ss
by #7302, eff 6-8-00; ss by #9168, INTERIM, eff 6-3-08, EXPIRES: 11-30-08; ss
by #9224, eff 8-1-08; ss by #12041, eff 11-16-16
Pol 301.04 Physical Examination. Each applicant shall meet the following
requirements relative to the applicant’s physical examination:
(a) Each uncertified person employed
as a police or corrections officer, after being issued a conditional offer of
probationary employment by the hiring authority, shall undergo a physical
examination by a New Hampshire licensed physician. For the purposes of this rule, “licensed
physician” shall also include a licensed health care provider;
(b)
The examination shall be conducted in order to provide all of the
information specified on the council form "D";
(c)
The licensed physician shall provide on council form "D" the
following:
(1) Name, date of birth, height, and weight of
examinee;
(2) Results of a visual acuity test on the
examinee;
(3) Lung breath sounds and rales;
(4) Date of chest X-ray, if given;
(5) Blood pressure, pulse rate, and heart sounds
and rhythm at rest, after moderate exercise and 3 minutes after exercise;
(6) Results of nervous system tests including
Romberg and knee-jerk tests;
(7) Examination of the eyes, ears, nose, throat
and teeth, and any abnormalities noted;
(8) Mobility,
symmetry and posture of the musculoskeletal system, including spine, upper and
lower extremities, with notation of any limited function or missing parts;
(9) Any physical, mental or emotional conditions
which in the opinion of the physician suggest further examination;
(10) A certification that the examining physician
has no reservations about the examinee's ability to participate without
restrictions in a rigorous physical training program or perform the duties of a
police or corrections officer, as appropriate;
(11) Name, address and signature of physician; and
(12) Date of examination;
(d)
Council form "D" shall also contain a report of medical
history section which shall be completed by the examinee;
(e)
The medical history section of the Form "D" shall include
information regarding:
(1) Examinee’s name;
(2) History of prior diseases;
(3) Hospitalizations;
(4) Medical treatment;
(5) Allergies, including any allergies that
require special attention, such as, but not limited to, food and bee stings;
(6) Medical disabilities;
(7) Illnesses or injuries; and
(8) Suicide attempt;
(f)
The examinee shall sign a release on the form to allow doctors,
hospitals or clinics involved in treatment of the examinee to release the
examinee's medical transcript to the council.
It shall also contain a section where the examining physician may enter
any comments on the reported medical history, and the name, address and signature
of the examining physician.
Source. #1534, eff 2-17-80; ss by #1988, eff 3-25-82;
ss by #2783, eff 7-27-84; ss by #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7302, eff 6-8-00; ss by #9168, INTERIM, eff 6-3-08, EXPIRES: 11-30-08;
ss by #9224, eff 8-1-08; amd by #9400, eff 2-27-09; ss by #12041, eff 11-16-16;
(Form D amd by #12734)
Pol 301.05 Background Investigation. The following shall apply to the background
investigation of the applicant by the agency:
(a)
The hiring authority shall conduct, or cause to be conducted, a
background investigation before appointing a person or investing with authority
any person elected as a police, corrections or probation/parole officer,
notwithstanding that the officer may already be employed by another hiring
authority or is already a certified police, corrections or probation/parole
officer;
(b)
Prospective applicants shall complete a personal history for the hiring
authority on a Personal History Statement form supplied by the council,
including the following information:
(1) Applicant identification information,
including:
a. Full name;
b. Address;
c. Telephone;
d. Nicknames;
e. Driver's license number and expiration date;
f. Height;
g. Weight;
h. Hair color;
i. Eye color;
j. Scars, tattoos, or other marks;
k. Birth date;
l. Place of birth; and
m. Citizenship;
(2) A listing of residences for the past 10
years, including address and dates of residence;
(3) Work history for the last 10 years,
including:
a. Employer name, address and telephone number;
b. Job title;
c. Supervisor;
d. Co-worker;
e. Dates of employment; and
f. Reason for leaving;
(4) Military record, including:
a. Dates and branch of service;
b. Highest rank held;
c. Unit designation;
d. Military service number;
e. Type of discharge;
f. Disciplinary actions; and
g. Complete details if other than honorable
discharge;
(5) Educational history, including:
a. High school name and address, dates attended
and whether graduated;
b. Names,
addresses and attendance dates of colleges/universities and trade schools
attended; and
c. Major and certification/degrees awarded;
(6) Special qualifications and skills, including:
a. Licenses held including dates of issue and
expiration;
b. Abilities to operate specialized machinery;
c. Foreign language proficiency; and
d. Other special skills;
(7) Convictions, arrests, detentions, and
litigation, including for each instance as applicable:
a. Agencies;
b. Charges;
c. Disposition; and
d. Civil litigation that the applicant was a
party to;
(8) Traffic conviction and accident record,
including:
a. Revocations and suspensions of license;
b. Current automobile insurance policy number
and issuer; and
c. A listing of the following information for
traffic charges and crashes:
1. Dates;
2. Charges;
3. Locations; and
4. Disposition;
(9) Marital and family history, including:
a. Name, address and telephone numbers of current
and former spouses, children, other dependents, parents and siblings;
b. Date of marriage;
c. Date of separation or divorce, including:
1. Date of court order; and
2. Name and state of court;
(10) Name, address and telephone number of 5 references
or acquaintances, and number of years known;
(11) Financial history, including sources of
income, real estate owned, identification of bonds, stock, and bank accounts;
(12) Financial obligations, including identifying
information on all forms of indebtedness;
(13) Any history of illegal use of any controlled
substance since the age of 16;
(14) Any history of illegal use of any controlled
substance while employed as a law enforcement officer, prosecutor or courtroom
official;
(15) Any history of illegal purchase, manufacture,
trafficking, production, transfer, shipping, receiving, or sale of any
narcotic, depressant, stimulant, hallucinogen, or cannabis;
(16) A statement
certifying that there are no willful misrepresentations, omissions, or
falsifications in the completed Personal History Statement form and that the
applicant is fully aware that any such misrepresentations, omissions or
falsifications will be grounds for immediate rejection or termination of
employment; and
(17) Current date and signature of the applicant;
(c)
The hiring authority shall include in its investigation a check of the
following sources in order to determine the applicant's character, reliability,
and honesty, pursuant to (g) below:
(1) Military records;
(2) Documents,
including driver license, high school diploma and birth, or naturalization
records;
(3) The National Crime Information Center;
(4) All local police files, and police files in
all communities where the applicant has lived or worked;
(5) State motor vehicle records in each state where
the applicant has lived or worked;
(6) Schools attended within the past 10 years;
(7) Past and present neighbors, spouses, and
landlords;
(8) Acquaintances and character references, and
fraternal and social organizations the applicant belongs to or has belonged to;
(9) A personal inquiry with the applicant's
present and past employers for the past 5 years; and
(10) Any other sources of information which the
above contacts show to be important;
(d)
One or more of the items specified in (c)(6), (7), (8), and (10) above may be omitted when, in
the opinion of the hiring authority the applicant's character and background
are so well-known to the hiring authority as to render such action unnecessary;
(e)
The agency shall retain in its files until 5 years after termination, a
synopsis of the background investigation report. Such files shall be made available for
inspection by the director of police standards and training or his or her
authorized representative should an occasion arise where the accuracy of those
files or compliance with these rules is in question;
(f)
The hiring authority or designee shall conduct a personal interview of
the applicant;
(g)
The hiring authority shall evaluate the results of its background
investigation and the agency shall not appoint a person or invest with
authority any person elected as a police, corrections or probation/parole
officer, who:
(1) Falls under any of the following:
a. Suffers from a mental disorder, as defined in
Pol 101.27, for which he or she has not undergone effective rehabilitation, and
which would affect his/her ability to perform law enforcement or corrections
duties;
b. In the opinion of the psychologist or
psychiatrist, exhibits behavioral traits that, could adversely affect such
person’s ability to perform the essential functions of a law enforcement
officer, or
c. In the opinion of the psychologist or
psychiatrist or the hiring authority exhibits a psychological profile that is incompatible
with that which is required for law enforcement duties, including but not
limited to:
1. A lack of impulse control;
2. A lack of anger management;
3. A propensity for assaultive behavior; and
4. A propensity for illegal sexual behavior.
(2) Has ever been convicted of a felony by a
civilian court or by a military court, whether or not the charge had been
annulled nor whether a suspended sentence was completed, and for which he or
she has never received a pardon;
(3) Has been convicted of a misdemeanor by a
civilian or military court and for which he or she has not received a pardon,
which offense or the underlying circumstances surrounding the commission
thereof was such that it would cause a reasonable person to doubt the
applicant's character, honesty or ability;
(4) Has been convicted in a civilian or military
court of multiple misdemeanors or violations for which he or she has not
received a pardon, and which would indicate to a reasonable person a pattern of
disregard for the law;
(5) Has been convicted in a military or civilian
court in the 10 years immediately before application for hire as a police or
corrections officer of a misdemeanor for which he or she has not received a
pardon, and which resulted in a serious bodily injury to another person;
(6) Has ever been dishonorably discharged from
the military service;
(7) Has been discharged from the military service
under other than honorable conditions, where the circumstances demonstrate a
lack of good moral character as specified in (m) below;
(8) Has ever illegally manufactured, transported
for sale, or sold a controlled substance as sale is defined in RSA 318-B:1,
unless, upon review of the council at the request of a hiring authority, the
council finds that:
a. Either:
1. The conduct occurred at an age when the
applicant would have been considered a juvenile under the laws of the state of
New Hampshire; or
2. Where a sale as defined in RSA 318-B:1 did
occur, however, the intent was not for profit, meaning the actual conduct
exhibited was not intended to result in an excess of financial return over the
expenditure in a transaction or series of transactions; and
b. The behavior pattern under the totality of
the circumstances did not demonstrate a lack of good moral character as
specified in (m) below;
(9) Within 36 months before the application for
hire, has illegally used a controlled substance other than marijuana, unless
the applicant was under the age of 21 at the time of using the controlled
substance, in which case 24 months shall apply unless, upon review of the
council at the request of a hiring authority, the council finds that the
behavior pattern under the totality of the circumstances did not demonstrate a
lack of good moral character as specified in (m) below;
(10) Within 12 months before the application for
hire, has used marijuana unless, upon review of the council at the request of a
hiring authority, the council finds that
the behavior pattern under the totality of the circumstances did not
demonstrate a lack of good moral character as specified in (m) below;
(11) While
employed in a law enforcement capacity has ever illegally used a controlled
substance unless, upon review of the council at the request of a hiring
authority, the council finds that the
behavior pattern under the totality of the circumstances did not demonstrate a
lack of good moral character as specified in (m) below;
(12) Has knowingly made a material false statement
in the application process;
(13) Has been discharged or allowed to resign in
lieu of discharge for reasons of moral character as defined in Pol 101.28 or
Pol 301.05 (m) or moral turpitude as defined in Pol 101.29, from employment as
a police, corrections or probation/parole officer for acts or omissions of conduct
which would cause a reasonable person to have doubts about the individual's
honesty, fairness, and respect for the rights of others and for the laws of
this state or nation;
(14) Uses any legal drugs or alcohol to excess; or
(15) Whose general character and reputation in the
community are such that a reasonable person would doubt that the applicant
would conduct him/herself with honesty and integrity and uphold the rule of
law;
(h)
If there is any indication of mental disorder, the applicant shall not
be appointed unless the results of a mental status examination conducted by a
New Hampshire licensed psychologist or psychiatrist indicates that the
applicant is fit for duty as a police or corrections officer;
(i)
The hiring authority or designee shall inquire whether certification or
license of the person as a police or corrections officer has ever been denied
or revoked by the council or by a similar agency in another jurisdiction, and
if so, whether the denial or the revocation has been rescinded. The agency shall not appoint an officer whose
certification or license is under suspension or revocation in this or any other
jurisdiction;
(j)
All information, documents and reports obtained by a police or
corrections department as part of the background investigation shall be
retained by the department along with any criminal record and copies of the
personal history statement, the medical examination, the high school diploma or
G.E.D. certificate, and the psychological status report if any. Such documents and reports shall be made available
for inspection by the director of police standards and training or his/her
authorized representative should an occasion arise when the accuracy of those
documents or compliance with these rules comes into question;
(k)
Prior to admission to a basic
training program for full or part-time police, corrections, or probation/parole
officers, or prior to submitting a request for certification based on prior
training and experience, the hiring authority shall certify to the council on
council form "I", titled "Affidavit of Background
Investigation" that he or she conducted a background investigation on the
applicant in compliance with the provisions of this rule, and caused the
applicant to be fingerprinted on an applicant card, and that the department has
received or is waiting for written notification from the Federal Bureau of
Investigation that the applicant has no criminal history record that would
prohibit his/her hiring according to these rules;
(l)
The hiring authority shall provide the following on the Form
"I":
(1) The name of the hiring official;
(2) The name of the applicant;
(3) The list of required areas of inquiry listed
in Pol 301.05(c)(1)-(10);
(4) The signature of the hiring official; and
(5) The date of completion;
(m)
For purposes of this section, a determination of a lack of "good
moral character" shall not be restricted to acts that reflect only moral
turpitude, but shall be based upon the consideration of all aspects of a person's
character as exemplified by his or her behavior, including but not limited to
the following:
(1) Violation of a statute of this or any other
state, territory or nation for which a penalty may be imposed;
(2) Conduct
involving dishonesty, fraud, or attempted deception regarding an application,
examination or other document for securing employment, eligibility, or
certification;
(3) Conduct involving misrepresentation or
tampering with official records or reports, tampering with witnesses or falsifying
evidence; and
(4) Conduct that would adversely reflect on a
person's fitness to perform law enforcement or corrections duties, including
but not limited to:
a. The excessive or illegal use of force;
b. Intoxication while on duty;
c. Sale or use of illegal controlled substances;
d. DWI;
e. Domestic abuse;
f. Undue familiarity with known
criminals, which for the purpose of this clause means any social or sexual
relationship between an officer subject to certification by the police standards
and training council and a known criminal;
g. Sexual harassment;
h. Stalking, or criminal
violations of a protective order;
i. Slanderous use of
confidential information;
j. Bribery or acceptance of illegal gratuities;
k. Theft or misappropriation of funds or
property;
l. Child abuse;
m. Perjury;
n. Assault; or
o. Disorderly conduct; and
(n)
The council shall not certify a person as a police, corrections or
probation/parole officer, as applicable, if it finds that an applicant was hired
by an agency despite meeting any of the disqualifying criteria set out in Pol
301.05 (g).
Source. #1534, eff 2-17-80; ss by #1988, eff 3-25-82;
ss by #2783, eff 7-27-84; ss by #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7302, eff 6-8-00; amd by #7967, eff 9-26-03; ss by #9168, INTERIM, eff
6-3-08, EXPIRES: 11-30-08; ss by #9224, eff 8-1-08; ss by #12041, eff 11-16-16
Pol 301.06 Hiring Authority to Notify Council. The following shall apply to notification of
the council by the hiring authority:
(a)
The hiring authority shall submit employee status notification form
"A" to the council within 15 days of the appointment of a new police,
corrections or probation/parole officer;
(b)
Form "A" shall contain the following regarding the employee:
(1) Full name and date of birth;
(2) Department, address and date of appointment;
(3) Position;
(4) Employed full- or part-time;
(5) Secondary level education;
(6) Postsecondary level education;
(7) College major;
(8) Prior law enforcement experience;
(9) Whether or not certification is being
requested based on prior law enforcement or corrections training and
experience;
(10) Citizenship status;
(11) The officer has been fingerprinted and the
prints have been submitted to the NH state police fingerprint bureau for
criminal record checks;
(12) The officer has been found not to have been
convicted of a felony under state or federal law;
(13) The officer’s background has been
investigated;
(14) Whether or not a physical examination has
been performed;
(15) Certification that the officer meets the
council's minimum employment standards;
(16) The signature and title of the hiring
authority; and
(17) The current date;
(c)
The hiring authority shall submit employee status notification form
"B" to the council within 15 days of the following circumstances:
(1) Retirement;
(2) Discharge;
(3) Resignation;
(4) Promotion;
(5) Suspension for more than one day;
(6) Demotion;
(7) Change in status, such as full-time to
part-time, or reverse;
(8) Death of any police, corrections or
probation/parole officer;
(9) Resigned during internal investigation;
(10) Negotiated resignation;
(11) Resignation in lieu of discharge;
(12) Administrative leave;
(13) Military deployment for more than 30 days;
(14) Return from administrative leave or military
deployment; or
(15) Change of name; and
(d)
Form "B" shall contain the following regarding the employee:
(1) Full name, date of birth, council issued
identification number;
(2) Department name and address;
(3) Effective date;
(4) An indication of the circumstance listed in
(c) (1) through (c) (15) that applies;
(5) Whether a full or part-time employee;
(6) New rank, if promoted or demoted;
(7) New name if name change;
(8) Signature and title of hiring authority; and
(9) The current date.
Source. #1534, eff 2-17-80; ss by #1988, eff 3-25-82;
ss by #2783, eff 7-27-84; ss by #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7302, eff 6-8-00; amd by #9078, eff 1-25-08; ss by #9168, INTERIM, eff
6-3-08, EXPIRES: 11-30-08; ss by #9224, eff 8-1-08; ss by #10496, eff 1-1-14;
ss by #12041, eff 11-16-16
Pol 301.07 Psychological Screening Test. Each applicant shall meet the following
requirements relative to the applicant’s psychological screening:
(a)
All uncertified police officers, correctional officers, and
probation/parole officers employed by the state of New Hampshire, full-time or
part-time, and all uncertified police officers, full-time or part-time who are
employed by local units of government who have accepted this requirement by
approving the necessary funding shall, prior to hiring, successfully pass a
psychological screening test battery administered under the direction of a
licensed psychologist or psychiatrist;
(b)
Such test battery shall be normed for law enforcement occupations and
shall be designed to detect both mental illness and behavioral traits that
could adversely affect the person’s ability to successfully perform the
essential functions of a law enforcement, corrections or probation/parole
officer;
(c)
Such an examination shall be valid for a period of 12 months from the
date of administration for purposes of application for such employment, and a
valid test given by one department within such time frame may be used by another
agency if the second agency has access to the test results;
(d)
For the purpose of this section, “administered under the direction of a
licensed psychologist or psychiatrist” means a test battery of the type herein
prescribed that the hiring authority procured from a person, firm or corporation
where the scoring and reporting of the results is done by a psychologist or
psychiatrist who currently holds a valid license under the laws of any state;
and
(e)
No person shall be denied employment as the result of such a testing
process unless they have been given the opportunity for a personal interview
with a licensed psychologist or psychiatrist employed by the agency.
Source. #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7302, eff 6-8-00; ss by #9168, INTERIM, eff 6-3-08, EXPIRES: 11-30-08;
ss by #9224, eff 8-1-08; ss by #9400, eff 2-27-09 (from Pol 301.08); ss by
#12041, eff 11-16-16
Pol 301.08 Testing Fees Allowed. The following shall apply to the application
of testing fees.
(a)
An agency, at its option, may assess to applicants a testing fee to
cover all or part of the cost of any medical or psychological examination
required under this part in cases where the applicant has been tendered a
conditional offer of employment; and
(b)
An agency may also make repayment of a testing fee part of a training or
hiring contract that establishes a minimum term of employment for such an
officer.
Source. #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7302, eff 6-8-00; ss by #9168, INTERIM, eff 6-3-08, EXPIRES: 11-30-08;
ss by #9224, eff 8-1-08; ss by #9400, eff 2-27-09 (formerly Pol 301.09); ss by
#12041, eff 11-16-16
PART
Pol 302 QUALIFICATIONS
Pol 302.01 Police,
Corrections and Probation/Parole Basic Training Programs. The following shall apply relative to
completion of programs at the police, corrections and probation/parole basic
training programs:
(a) Each newly appointed police, corrections or
probation/parole officer and each elected police officer shall attend and
satisfactorily complete the police, corrections or probation/parole basic
training program as applicable when scheduled by the council, within 6 months
from the date of original appointment or election;
(b) “Satisfactory completion” of the training
program as used in (a) means:
(1)
Achieving a passing score on all written and practical tests; and
(2)
Meeting all requirements under RSA 106-L:5,VI;
(c) No person shall be appointed as a police,
corrections or probation/parole officer except on a temporary or probationary
basis unless he or she has satisfactorily completed the police, corrections or
probation/parole basic training program as appropriate;
(d) The council shall grant an extension as
follows of the time limit for the completion of the basic training program upon
receipt of a written request from the hiring authority setting forth the
reasons therefor for good cause shown:
(1)
Extensions of the time limit for completion of the basic training
program shall not exceed 2 years from the original date of hire; and
(2)
Extensions of the time limit for completion of the basic training
program for elected police officers shall not exceed one year from the date of
the election;
(e) For the purposes of this section, good cause
shall include, but not be limited to, the unavailability of such a program, or
an officer being unable to complete the training within the prescribed period
because of illness, injury, military service, or special duty assignments made
in the public interest;
(f) The termination and subsequent reemployment
of an officer by any agency shall not affect the requirement that he or she
attend and satisfactorily complete the police, corrections or probation/parole
basic training program as appropriate within 6 months from the date of original
appointment unless the officer has been separated from police, corrections or
probation/parole employment for a period of not less than 2 years beginning the
day after the termination has become final; and
(g) Officers residing or working in New Hampshire
shall complete the required basic training at a New Hampshire police standards
and training council program, as appropriate, unless the council due to
circumstances beyond its control, such as the cancellation of an academy or
lack of enrollment, shall allow a portion of the training to be taken in
another state or at another school.
(h) Each newly appointed or sworn uncertified
police, corrections, or probation/parole officer shall work only in the direct
presence of a New Hampshire certified police, corrections, or probation/parole
officer, as applicable, until such time as he or she shall satisfactorily complete
the police, corrections, or probation/parole basic training program, except:
(1) If
the council, upon review of an uncertified officer’s prior training and
experience, grants certification based successful completion of a reciprocal
certification process, and the officer has completed the agency’s field
training program, the uncertified officer may work under normal supervision
pending completion of the reciprocal certification process; or
(2) If
the corrections officer trainee is stationed at or in a secured post such as a
control room and has no direct contact with persons under departmental control.
Source. #1534, eff 2-17-80; ss by #1988, eff 3-25-82;
ss by #2783, eff 7-27-84; ss by #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7302, eff 6-8-00; ss by #9168, INTERIM, eff 6-3-08, EXPIRES: 11-30-08;
ss by #9224, eff 8-1-08; ss by #10126, eff 7-1-12; ss by #12041, eff 11-16-16;
ss by #12722, eff 1-29-19
Pol 302.02 Pre-Service Training. The following shall apply to pre-service
training:
(a)
Each newly appointed or sworn uncertified police, corrections or
probation/parole officer shall meet the basic firearm safety and
familiarization course requirement prescribed in Pol 404.03 prior to carrying a
firearm in the course of duty;
(b)
Each newly appointed or sworn uncertified police, corrections or
probation/parole officer shall be familiarized by the agency in the proper and
legal use of handcuffs or any other restraining devices or weapons issued, as
provided in departmental policies and applicable state laws; and
(c)
Each newly appointed or sworn uncertified police officer who will drive
an emergency vehicle on patrol or under circumstances which would require an
emergency response shall be familiarized with any of the departmental policies
of the agency and with the state laws governing emergency vehicle operation.
Source. #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7302, eff 6-8-00; ss by #9168, INTERIM, eff 6-3-08, EXPIRES: 11-30-08;
ss by #9224, eff 8-1-08; renumbered by #10126 (formerly Pol 302.03); ss by
#12041, eff 11-16-16
Pol 302.03 Part-Time Training Approval.
(a)
The council shall conduct a part-time officer training program at such
locations as it shall determine based on enrollment projections.
(b)
The council shall authorize individual law enforcement agencies or
educational institutions to act as its agent and present the part-time officer
training program whenever the council determines based on enrollment
projections that additional regional basic training programs are needed to
prevent delays in meeting the requirements of Pol 302.01.
(c)
The council before authorizing regional programs in (b) above shall
determine that the instructors for each topic area have training and experience
in the topic areas they will instruct.
The sponsor of the school shall certify to the council in writing that
the instruction shall be conducted in accordance with lesson plans and
examinations provided by the council.
Source. #1534, eff 2-17-80; ss by #1988, eff 3-25-82;
ss by #2783, eff 7-27-84; ss by #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7302, eff 6-8-00; ss by #9168, INTERIM, eff 6-3-08, EXPIRES: 11-30-08;
ss by #9224, eff 8-1-08; renumbered by #10126 (formerly Pol 302.04); ss by
#12041, eff 11-16-16
Pol 302.04 Railroad Police. The following shall apply to railroad police:
(a)
Railroad police, as a condition of certification within the meaning of
RSA 381, shall meet the minimum educational and training standards as
established for part-time officers;
(b)
Pursuant to 49 U.S.C. 28101, the Omnibus Crime Act of 1990, a railroad
police officer who is employed by a rail carrier and certified or commissioned
as a police officer under the laws of any other state shall, and in accordance
with regulations issued by the US Secretary of Transportation, not be required
to receive additional certification in this state in order to enforce the laws
of New Hampshire on railroad property; and
(c)
This authority shall be limited to enforcement for the purpose of
protecting:
(1) Railroad employees, passengers or patrons;
(2) Railroad property;
(3) Equipment and facilities owned, leased,
operated or maintained by the rail carrier;
(4) Property moving in interstate or foreign
commerce in the possession of the rail carrier; and
(5) Personnel, equipment and materials moving via
railroad that are vital to the national defense.
Source. #1534, eff 2-17-80; ss by #1988, eff 3-25-82;
ss by #2783, eff 7-27-84; ss by #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7302, eff 6-8-00; ss by #9168, INTERIM, eff 6-3-08, EXPIRES: 11-30-08;
ss by #9224, eff 8-1-08; renumbered by #10126 (formerly Pol 302.05); ss by
#12041, eff 11-16-16
Pol 302.05 Liquor Commission Investigators. Any investigator of the state liquor
commission who has the power to enforce the criminal laws under Title XIII of
the Revised Statutes Annotated of New Hampshire and the rules of the liquor commission
and who is not a certified full-time police officer shall successfully complete
the police academy within 6 months of appointment.
Source. #1534, eff 2-17-80; ss by #1988, eff 3-25-82;
ss by #2783, eff 7-27-84; ss by #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7302, eff 6-8-00; ss by #9168, INTERIM, eff 6-3-08, EXPIRES: 11-30-08;
ss by #9224, eff 8-1-08; renumbered by #10126 (formerly Pol 302.06); ss by #12041,
eff 11-16-16
Pol 302.06 Gaming Enforcement Investigators. The following shall apply to gaming
enforcement investigators:
(a)
Any gaming enforcement investigator of the former racing and charitable
gaming commission, now the lottery commission, who is appointed on or after
July 1, 1986 and who is not a certified full-time police officer shall
successfully complete the police academy within 6 months from the date of
appointment;
(b)
Upon termination of employment, the certification of any gaming
enforcement investigator who was certified under the provisions existing prior
to July 1, 1986 shall lapse.
Source. #1534, eff 2-17-80; ss by #1988, eff 3-25-82;
ss by #2783, eff 7-27-84; ss by #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7302, eff 6-8-00; ss by #9168, INTERIM, eff 6-3-08, EXPIRES: 11-30-08;
ss by #9224, eff 8-1-08; renumbered by #10126 (formerly Pol 302.07); ss by
#12041, eff 11-16-16
Pol 302.07 New Hampshire Hospital Security. All employees of the New Hampshire Hospital
hired as security officers shall complete the council-approved preparatory
training program for police officers, in accordance with the provision of RSA
21-P:7-c and shall be certified as police officers consistent with the training
program completed by that officer.
Source. #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7302, eff 6-8-00; ss by #9168, INTERIM, eff 6-3-08, EXPIRES: 11-30-08;
ss by #9224, eff 8-1-08; renumbered by #10126 (formerly Pol 302.08); ss by
#12041, eff 11-16-16
Pol 302.08 County Fair Security Guards. The following shall apply to county fair
security guards:
(a)
County fair security guards, before exercising the detention powers
contained in RSA 627:8-b, shall satisfactorily complete the New Hampshire law
package portion of the training provided for part-time police officers at the
expense of the individual or the county fair association. "Satisfactory completion" means the
same as in Pol 302.01(b);
(b)
The chief executive officer of the county fair association that employs
a county fair security guard shall conduct a background investigation consistent
with the provisions of Pol 301.05 and shall not authorize any person to
exercise such detention powers who would be disqualified under Pol 301.05(g);
(c)
Any county fair security guard who is armed with a firearm shall
complete the entire part-time police officer's basic training course and shall
complete the minimum annual firearms safety requirement in Pol 404.03 at least
once a calendar year, at the expense of the individual or the county fair
association, under the supervision of a council-approved firearms instructor,
as outlined in Pol 404.05;
(d)
Only security guards who meet the requirements outlined in (a) through
(c) above, shall exercise the detention powers contained in RSA 627:8-b. Security guards who will not be exercising
such detention powers shall not be required to attend these training courses;
(e)
Certified police officers who meet the definitions in Pol 101.24 or Pol
101.30 shall be exempt from the provisions of this section, but shall instead
comply with all the requirements applicable to full-time or part-time police
officers, as the case may be; and
(f)
The county fair association shall keep on file a current list of all
security guards with detention powers, together with documentation of its
compliance with these requirements, which shall be open to inspection by the
council staff or any police officer with jurisdiction in the area in
question. Such records shall be retained
for 5 years.
Source. #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7302, eff 6-8-00; ss by #9168, INTERIM, eff 6-3-08, EXPIRES: 11-30-08;
ss by #9224, eff 8-1-08; renumbered by #10126 (formerly Pol 302.09); ss by
#12041, eff 11-16-16
Pol 302.09 New Hampshire Department of Agriculture,
Markets and Foods Inspectors and Forest Rangers. The following shall apply to New Hampshire
department of agriculture, markets and foods inspectors and forest rangers:
(a)
All inspectors of the New Hampshire department of agriculture markets
and foods who exercise the power of arrest under RSA 438:15-a, and forest
rangers who were hired prior to January 1, 2005 who exercise the powers of
arrest under RSA 227-G:7, shall:
(1) Complete the council-approved preparatory
training program for part-time police officers;
(2) Meet all the other qualifications for
part-time police officers in accordance with the provisions of RSA 188-F and
these rules; and
(3) Be certified as part-time police officers
upon completion of the course;
(b) Any forest ranger hired after January
1, 2005 appointed to enforce the provisions of Title XIX-A and other laws
provided for in RSA 227-G:7, shall successfully complete the preparatory
training for full-time police officers no later than one year from the date of
hire. Upon successful completion of the
training program, such forest ranger shall be certified as a full-time police
officer.
Source. #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7302, eff 6-8-00; ss by #9168, INTERIM, eff 6-3-08, EXPIRES: 11-30-08;
ss by #9224, eff 8-1-08; renumbered by #10126 (formerly Pol 302.10); ss by
#12041, eff 11-16-16
Pol 302.10 Non-Compliance with Council Rules. The following shall apply to non-compliance
with council rules:
(a)
Upon failure of a hiring authority to comply with council rules despite
prior written notification, the council after notice and opportunity for a
hearing to the hiring authority and the governing body of the unit of
government, shall declare any agency to be out of compliance with council rules
and thereby ineligible to participate in the council's training programs at no
cost, or to receive specialized training grants, or both, for a period of up to
3 years;
(b)
In determining which sanction or sanctions are appropriate, and the
proper length of time for any sanction, the council shall apply the following
criteria:
(1) The length of time the agency has been out of
compliance;
(2) Whether or not the rules violations involve
areas that could constitute a threat to the public health and safety;
(3) Whether or not the rules violations involved
areas that could expose the employing unit of government or its subordinate
employees to civil damages;
(4) Whether the violations were deliberate and
willful;
(5) The number of separate violations involved;
and
(6) The sanctions that have been imposed for
similar violations in the past;
(c)
The governing body of an agency may request reconsideration of such a
decision at any time after 6 months has elapsed or when a new chief executive
officer has taken office within the agency; and
(d)
Nothing in this section shall limit the right of the council to bring a
civil action against the hiring authority or agency through the attorney
general's office to seek appropriate orders from the superior court to enforce
compliance with council rules.
Source. #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7302, eff 6-8-00; ss by #9168, INTERIM, eff 6-3-08, EXPIRES: 11-30-08;
ss by #9224, eff 8-1-08; renumbered by #10126 (formerly Pol 302.11); ss by
#12041, eff 11-16-16
Pol 302.11 Limitation of Hours, Part-Time Officers.
(a)
No part-time police officer shall work a cumulative total of more than
1300 hours in a given calendar year without successfully completing the
full-time police academy.
(b)
The hiring authority shall submit within 30 days after the conclusion of
each calendar year an affidavit certifying that it has complied with the
requirement that officers not work more than 1300 hours in a calendar year, and
further, provide the council with a list of all part-time officers employed by
them and the number of hours worked by each officer in the last calendar year.
(c)
In cases where this total is exceeded by an officer who is employed by
more than one agency, it shall be the responsibility of the individual police
officer to forthwith notify each hiring authority that he or she has reached
the maximum permissible hours and is unavailable for further duty during the
calendar year unless and until a hiring authority has enrolled the officer in
the police academy.
(d)
No hiring authority shall schedule an officer for further duty once it
becomes aware by any means that the officer has exceeded the cumulative total
hours.
(e)
Part-time police officers serving as radio dispatchers shall not count
the hours spent dispatching if they are prohibited from functioning as a police
officer during those hours.
(f)
Dog officers and animal control officers who do not have the power of
arrest for other types of violations shall not be considered to be police officers
and shall not report their hours as such.
(g)
Bailiffs shall be considered police officers and shall be certified as
such unless their duties are limited to maintaining order in the courtroom,
custody of prisoners at the courthouse, and carrying out related activities
such as security on jury views at the discretion of the presiding justice.
(h)
Part-time police officers shall not report their on-call time if they
are remaining at home out of uniform, engaged in personal pursuits and awaiting
calls.
(i)
Part-time police officers while serving as an animal control officer
shall count their hours toward the 1300 hours requirement unless all of the
following conditions apply:
(1) The officer's uniform or insignia shall be
differentiated from that of a police officer with the same department;
(2) The officer shall not be armed with a firearm
other than a weapon necessary for the destruction of an animal; and
(3) The officer shall not drive a vehicle marked
or identified as other than an animal control vehicle.
(j)
Part-time police officers shall not report time spent actually attending
court as witnesses or waiting for a case to be called.
(k)
Part-time police officers shall not report their time spent training in
law enforcement topics.
(l)
All hours worked shall be documented pursuant to Pol 602.03.
Source. #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7302, eff 6-8-00; ss by #9168, INTERIM, eff 6-3-08, EXPIRES: 11-30-08;
ss by #9224, eff 8-1-08; renumbered by #10126 (formerly Pol 302.12); ss by
#12041, eff 11-16-16
Pol 302.12 Attendance by Non-Police Personnel. The following shall apply to attendance by
non-police personnel under the provisions of RSA 188-F:32-a:
(a)
The director shall whenever he or she determines it is in the public
interest permit persons who are not police, corrections or probation/parole
officers as defined by RSA 188-F:23 and these rules to attend council-sponsored
programs upon payment of a fee of $15 per instructional hour;
(b)
For the purpose of this rule, "in the public interest" means
there are extra seats available in the class and the morale of the class, pace
of instruction, and confidentiality of police tactics will not be compromised
by allowing the applicant to attend;
(c)
The director shall waive fees and other charges for employees of another
state agency or unit of government upon determining that the occupation or work
assignment of the employee involves frequent contact with law enforcement
agencies or an investigative or law enforcement function, and that the public
interest will be served by the person's attendance at the training program;
(d)
The director shall waive fees or charges for out-of-state police or
corrections officers or federal employees where it appears that the council or
its programs would benefit by their attendance at a particular training
program;
(e)
The director shall restrict attendance to certain courses, such as
high-risk patrol, defensive tactics, breath test operator, and firearms
classes, to persons who are police officers as defined in RSA 188-F:23, unless the director or council determines
such attendance is “in the public interest” as defined in (b) above;
(f)
The director shall, unless he or she deems it inappropriate due to the
nature of the course, require persons who are not police, state corrections or
probation/parole officers who apply to attend such classes to sign a release
for disclosure of their criminal records; and
(g)
The potential student shall be required to defray the cost of securing
copies of criminal and motor vehicle records from every jurisdiction where the
applicant has resided, and from the Federal Bureau of Investigation. Any person whose background would disqualify him/her
from appointment as a police, corrections or probation/parole officer under Pol
301.05 shall be denied admittance to such courses.
Source. #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7302, eff 6-8-00; ss by #9168, INTERIM, eff 6-3-08, EXPIRES: 11-30-08;
ss by #9224, eff 8-1-08; renumbered by #10126 (formerly Pol 302.13); ss by
#12041, eff 11-16-16
Pol 302.13 Use of the Council Facility. The following shall apply to the use of
council facility:
(a)
The police standards and training council facility shall be for the use
of agencies within the criminal justice system, with first priority given to
police agencies. Such agencies shall
submit their requests for use of the facility to the director, who shall act
upon such requests based on available space and compatibility with scheduled
council programs;
(b)
The director shall offer overnight accommodations without charge on a
space available basis to police, corrections or probation/parole officers
attending council-sponsored programs and who live further than 45 miles from the
training facility. Free overnight
accommodations shall be provided to others if space is available, and when the
director feels it will enhance their learning experience; Accommodations shall be denied to officers
who have previously violated posted behavior rules while staying at the
facility;
(c)
A fee of $50 dollars per night, payable to the council in advance, shall
be charged persons staying overnight at other than council programs, or for
persons who are not police, corrections or probation/parole officers, except
that the director shall waive this fee upon determination that the council or
law enforcement would benefit and the public interest would be served; and
(d)
No fee shall be charged for use of classrooms by government or
non-profit organizations during the hours when the facility is open to the
public. At other times or for other
uses, the agencies or persons shall pay the actual personnel costs incurred for
police standards and training employees assigned to facilitate the request ,
except the director shall waive the
fee upon determination that the council
or law enforcement would benefit and the public interest would be served by the
requested use.
Source. #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7302, eff 6-8-00; ss by #9168, INTERIM, eff 6-3-08, EXPIRES: 11-30-08;
ss by #9224, eff 8-1-08; renumbered by #10126 (formerly Pol 302.14); ss by
#12041, eff 11-16-16
Pol 302.14 Legislative Security Staff. To the extent that the legislature chooses to
send any legislative security staff to police standards and training council
academy for certification pursuant to RSA 14:50, IV or seek recertification
under RSA 14:50, V, the hiring authority and legislative security staff shall
comply with all council requirements applicable for the type of certification
sought, including any ongoing educational or fitness requirements, except those
rules regarding the reporting and limitation on hours for part-time certified
officers.
Source. #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7302, eff 6-8-00; ss by #9168, INTERIM, eff 6-3-08, EXPIRES: 11-30-08;
ss by #9224, eff 8-1-08; ss by #10048, eff 12-20-11; renumbered by #10126
(formerly Pol 302.15); ss by #12041, eff 11-16-16
Pol 302.15 Behavior in Training Facility. The following shall apply to behavior in the
training facility:
(a)
Persons using the police standards and training facility shall, as a
condition of their use of the facility, be neatly attired in their official
department uniforms or otherwise, as follows:
(1) For male personnel a suit or sports jacket
with slacks, dress shirt and tie, or sports shirt and sweater shall be
acceptable; and
(2) For females, a dress or skirt and blouse or
sweater combination or slacks and coordinated blouse shall be acceptable; and
(b)
Persons using the facility shall exhibit courtesy and abide by all laws
and facility rules at all times, and shall be required to leave the premises or
be denied admittance if in violation of this rule, and shall be subject to
dismissal.
Source. #10048, eff 12-20-11 (from Pol 302.15); renumbered
by #10126 (formerly Pol 302.16); ss by #12041, eff 11-16-16
CHAPTER Pol
400 CONTINUED STATUS
PART Pol 401 RENEWAL
Statutory
Authority: RSA 188-F:27, III
Pol 401.01 Lapse in Service. The following shall apply to lapses in
service:
(a)
The certification of a police, corrections or probation/parole officer
shall lapse if the officer terminates employment and is not employed in this
state, as a police, corrections or probation/parole officer within a period of
30 days after such termination;
(b)
If the person whose certification has lapsed is re-employed as a police,
corrections or probation/parole officer after his/her certification has lapsed,
the hiring authority may request re-certification without additional training,
which the council shall grant unless the council determines that the basic
training curriculum has materially changed since the officer was originally
certified and the council determines from the record that the officer’s ongoing
training would not adequately familiarize the officer with the substantive
changes;
(c)
The certificates of certified police, corrections or probation/parole
officers employed by the council in training or administrative capacities shall
not lapse while they are so employed; and
(d)
The certification of a police, corrections or probation/parole officer
who is subject to an involuntary lay-off shall not lapse if the officer is
recalled and re-instated by the same agency as a police, corrections or
probation/parole officer within a period of 3 years after the date of the
involuntary separation.
Source. #1534, eff 2-17-80; ss by #1988, eff 3-25-82;
ss by #2783, eff 7-27-84; ss by #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7302, eff 6-8-00; ss by #9168, INTERIM, eff 6-3-08, EXPIRES: 11-30-08;
ss by #9224, eff 8-1-08; ss by #9686, eff 3-25-10; ss by #12041, eff 11-16-16
PART Pol 402 OWNERSHIP AND REVOCATION OF CERTIFICATES
Statutory
Authority: RSA 188-F:27, III
Pol 402.01 Ownership of Certificates. All certificates and documents issued by the
council shall remain the property of the council, and shall be returned to the
council forthwith upon revocation, suspension or expiration.
Source. #1534, eff 2-17-80; ss by #1988, eff 3-25-82;
ss by #2783, eff 7-27-84; ss by #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7302, eff 6-8-00; ss by #9168, INTERIM, eff 6-3-08, EXPIRES: 11-30-08;
ss by #9224, eff 8-1-08; ss by #12041, eff 11-16-16
Pol 402.02 Revocation or Suspension.
(a)
The council shall, unless it has just cause to do otherwise as provided
in (e) below, order the suspension or revocation of the certification of any
police or corrections officer for any of the following reasons:
(1) The certification was obtained by fraudulent
or illegal means;
(2) The officer has been convicted either prior
to or after certification of a crime which constitutes a felony in this or any
other state, territory, province or country;
(3) The officer has been convicted either prior
to or after certification of a misdemeanor for which there was a sentence of
incarceration, regardless of whether all or part of the sentence was suspended;
(4) The officer has been convicted either prior
to or after certification of a crime of moral turpitude or of a crime which
tends to bring discredit on the police or corrections service, including but
not limited to:
a. Theft;
b. Assault;
c. DWI;
d. Criminal threatening;
e. Reckless conduct;
f. Corrupt practices;
g. Falsification of documents or evidence;
h. Fraud;
i. Sexual assault;
j. Public indecency;
k. Stalking or criminal violation of a
protective order;
l. Reckless driving; or
m. Disobeying an officer;
(5) The officer's discharge has become final or
he or she has been allowed to resign in lieu of discharge, has resigned during
an internal investigation, or resigned through a negotiated resignation, from
police or corrections employment in this or any other state, country, or territory
for reasons of:
a. A lack of moral character as defined in Pol
101.28 or Pol 402.02 (l);
b. Moral turpitude as defined in Pol 101.29; or
c. For acts or omissions of conduct which would
cause a reasonable person to have doubts about the individual's honesty,
fairness, and respect for the rights of others and for the laws of the state or
nation;
(6) The officer has, after being hired as a
police, corrections or probation/parole officer:
a. Used marijuana;
b. Illegally used or possessed any other
controlled substance; or
c. Illegally purchased, sold, cultivated,
transported, manufactured, or distributed a controlled drug or an imitation
controlled drug;
(7) The officer is unable to continue as an
active duty police, corrections or probation/parole officer for a period of 45
days or more by reason of a severe level mental disorder as diagnosed by a
psychologist or psychiatrist who uses mental status examinations and
standardized psychological tests normed for police or corrections officers;
(8) A law enforcement officer has willfully:
a. Violated council rules relative to himself or
herself or the officers working under his/her control;
b. Submitted false or forged documents; or
c. Misrepresented a document or testimony before
the council;
(9) The officer's certificate was issued through
administrative error;
(10) The officer has failed or refused to complete
the applicable firearms training requirements of Pol 404.03 or the in-service
training requirements of Pol 403.01; until the requirements have been met;
(11) A part-time officer has worked more than 1300
hours in a calendar year without successfully completing the full-time academy;
or
(12) The officer has entered no plea or an
innocent plea to a criminal offense, and agreed to participate in a diversion program
in lieu of a trial.
(b)
A certification shall be temporarily suspended pending resolution of
criminal charges if the officer has been arrested, indicted or bound over
either prior to or after certification for a felony or any crime involving moral
turpitude or of a crime which tends to bring discredit on the police,
corrections, or probation/parole service, unless the council, in its
discretion, determines that the safety of the public or the confidence in the
criminal justice system would not be adversely affected.
(c)
Examples of crimes that involve moral turpitude or of a crime which
tends to bring discredit on the police, corrections or probation/parole service
shall include but not be limited to:
(1) Theft;
(2) Assault;
(3) DWI;
(4) Criminal threatening;
(5) Reckless conduct;
(6) Corrupt practices;
(7) Falsification of documents or evidence
resulting in unsworn falsification, false testimony or evidence tampering;
(8) Fraud;
(9) Sexual assault; and
(10) Public indecency.
(d)
A certification shall be suspended if the officer has attempted suicide
or self-mutilation, or committed self-mutilation, until such time as an
evaluation by a licensed psychologist selected by the council certifies the
person as fit for duty.
(e)
The council shall apply a balancing test to determine whether factors
constituting just cause outweigh the public interest in protecting the safety
of the public or confidence in the criminal justice system, including
maintaining the integrity of sworn law enforcement, if a violation of section
(a) or (d) of this rule is found. If any just cause demonstrated by the officer
outweighs the purpose of protecting the safety of the public or confidence in
the criminal justice system including maintaining the integrity of sworn law
enforcement, the council shall decline to order suspension or revocation.
(f)
Examples of just cause pursuant to (e) above shall include but not be
limited to:
(1) Suspension or
revocation would not have a rehabilitative value; and
(2) The officer's health or service status makes
suspension or revocation a needless gesture.
(g)
In determining whether to suspend, revoke, or
impose no sanction, the council shall apply the following factors in
determining the level or kind of disciplinary sanction imposed:
(1) The seriousness of the offense;
(2) The officer’s prior disciplinary record;
(3) The officer’s acknowledgment of his or her
wrongdoing;
(4) The purpose of the rule or statute violated;
(5) The potential harm to the safety of the
public or confidence in the criminal justice system, including maintaining the
integrity of sworn law enforcement.
(h) A suspension or revocation imposed upon an
officer pursuant to (g) above shall be intended to be the minimum sanction or
sanctions, both in type and extent, that the council believes will, based upon
the unique facts and circumstances of each act of misconduct:
(1) Protect the safety of the public or
confidence in the criminal justice system, including maintaining the integrity
of sworn law enforcement; and
(2) Deter both the officer charged and any other
officer from engaging in such misconduct in the future.
(i)
If a person has been denied a certificate after exhausting all appeals
under this section, the council shall accept a petition for rescission of the
denial no sooner than 12 months following the date of denial. The petitioner shall state in writing the
reasons why the denial should be rescinded.
(j)
If a person has had his or her certificate revoked after exhausting all
appeals under this section, the council shall accept a petition for rescission
of the revocation after no sooner than 24 months following the date of
denial. The petitioner shall state in
writing the reasons why the action should be rescinded. The action shall be rescinded if conditions
or circumstances have changed so that the basis for the action no longer
exists.
(k)
If a petition for rescission is based on one or more of the reasons set
out in Pol 402.02, a hearing on the petition shall be held as provided in Pol
200. If the denial is rescinded, the
petitioner shall be eligible for hire by a participating police department, but
shall serve a probationary period as defined in Pol 101.35, before he or she
shall be recertified.
(l)
For purposes of this section, a determination of a lack of "good
moral character" shall not be restricted to acts that reflect only moral
turpitude, but shall be based upon the consideration of all aspects of a person's
character as exemplified by their behavior, including but not limited to the
following:
(1) Violation of a statute of this or any other
state, territory or nation for which a penalty may be imposed;
(2) Conduct involving dishonesty, fraud, or attempted
deception regarding an application, examination or other document for securing
employment, eligibility, or certification;
(3) Conduct involving misrepresentation or
tampering with official records or reports, tampering with witnesses or
falsifying evidence; and
(4) Conduct that would adversely reflect on a
person's fitness to perform law enforcement or corrections duties, including
but not limited to:
a. The excessive and illegal use of force;
b. Intoxication while on duty;
c. Sale or use of illegal controlled substances;
d. DWI;
e. Domestic abuse;
f. Undue familiarity with known criminals, which
for the purposes of this clause means any social or sexual relationship between
an officer subject to certification by the police standards and training
council and a known criminal;
g. Sexual harassment;
h. Stalking or criminal violations of a
protective order;
i. Slanderous use of confidential information;
j. Bribery or acceptance of illegal gratuities;
k. Theft or misappropriation of funds or
property;
l. Adultery;
m. Child abuse;
n. Perjury;
o. Assault; or
p. Disorderly conduct.
(m)
A person who has had their police, corrections or probation/parole
officer certification revoked or suspended shall not be allowed to work in a
capacity that would allow them to exercise the same authority as a certified
officer or that would give the appearance that they have the same authority as
a certified officer during the period of suspension or revocation.
Source. #1534, eff 2-17-80; ss by #1988, eff 3-25-82;
ss by #2783, eff 7-27-84; ss by #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7302, eff 6-8-00; ss by #9168, INTERIM, eff 6-3-08, EXPIRES: 11-30-08;
ss by #9224, eff 8-1-08; ss by #9896, eff 3-26-11; ss by #10352, eff 6-4-13; ss
by #12041, eff 11-16-16
PART Pol 403 CONTINUING EDUCATION
Statutory
Authority: RSA 188-F:26, III
Pol 403.01 Annual In-Service Training.
(a) Annually, each certified police, corrections,
or probation/parole officer, in order to maintain their certification, shall
complete 2 hours each of the following mandatory in-service training, on each
of the following topics:
(1) Implicit bias and cultural response;
(2) Ethics; and
(3) De-escalation.
(b) Annually, each certified police, corrections,
or probation/parole officer shall complete, in addition to the above mandated 6
hours of in-service training:
(1) Beginning on January 1, 2023, an additional 4
hours of in-service training, for a total of 10 hours of in-service training
required for 2023, exclusive of firearms, first aid, or defensive tactics,
sanctioned by the agency or the council;
(2) Beginning on January 1, 2024, an additional 6
hours of in-service training, for a total of 16 hours of in-service training
required for 2024, exclusive of firearms, first aid, or defensive tactics,
sanctioned by the agency or the council;
(3) Beginning on January 1, 2025, an additional 8
hours of in-service training, for a total of 24 hours of in-service training
required for 2025 exclusive of firearms, first aid, or defensive tactics,
sanctioned by the agency or the council; and
(c) Training requirements shall be completed by
officers attending in-service training at PSTC, by attending law enforcement training
through 3rd party vendors, by attending local agency classes or by completing
on-line. In the case of local agency classes, the records requirements under
Pol 403.01(d) shall apply.
(d) The hiring authority shall submit to the
council 30 days after the conclusion of each calendar year a certification that
it has complied with this requirement, and shall retain in its files for 5
years a copy of the lesson outlines and attendance rosters of any training
relied upon to satisfy the requirement.
Source. #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7302, eff 6-8-00; ss by #9168, INTERIM, eff 6-3-08, EXPIRES: 11-30-08;
ss by #9224, eff 8-1-08; ss by #12041, eff 11-16-16; ss by #13737, eff 9-7-23
PART Pol 404 ONGOING REQUIREMENTS
Statutory
Authority: RSA 188-F:26, 188-F:27, III
Pol 404.01 Police or Corrections Officer
Certification. Whenever persons are
certified as police or corrections officers, notification shall be forwarded to
the agency, which shall transmit the original to the officer and retain any
copies in its file.
Source. #1534, eff 2-17-80; ss by #1988, eff 3-25-82;
ss by #2783, eff 7-27-84; ss by #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7302, eff 6-8-00; ss by #9168, INTERIM, eff 6-3-08, EXPIRES: 11-30-08;
ss by #9224, eff 8-1-08; ss by #12041, eff 11-16-16
Pol 404.02 Advanced Training Documentation. Upon completion of in-service or advanced training
sponsored by the council, the council shall send notification to the agency,
which shall transmit the originals to the officer and retain any copies in its
file.
Source. #1534, eff 2-17-80; ss by #1988, eff 3-25-82;
ss by #2783, eff 7-27-84; ss by #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7302, eff 6-8-00; ss by #9168, INTERIM, eff 6-3-08, EXPIRES: 11-30-08;
ss by #9224, eff 8-1-08; ss by #12041, eff 11-16-16
Pol 404.03 Firearms Training Requirement.
(a)
Prior to the issuance or carrying of a firearm or other defensive weapon
and every calendar year thereafter, all law enforcement, corrections or
probation/parole officers who are authorized to use force in the course of
their employment shall meet the minimum standards established in Pol 302.02
including proficiency with each such weapon subject to the following:
(1) The proficiency shall be monitored and
documented in the case of firearms by a council-certified firearms instructor;
and
(2) In the case of other weapons, proficiency
shall be monitored and documented by an instructor deemed by the officer’s
department to be qualified to evaluate proficiency in that particular weapon.
(b)
Officers shall complete the handgun course utilizing a silhouette target
with a minimum qualification score of 75%, 2 consecutive times.
(c)
The handgun course shall consist of the following elements:
(1) The officer shall fire 2 sets of 2 rounds
beginning with weapon in holster with the strong hand in 3 seconds from the 3
yard line;
(2) The officer shall fire 3 rounds right hand
and 3 rounds left hand in 7 seconds from the 5 yard line;
(3) The officer shall fire one set of 6 rounds
beginning with weapon in holster cover down in 8 seconds from the 7 yard line;
(4) The officer shall fire one set of 6 rounds
beginning with weapon in holster cover down in 10 seconds from the 10 yard
line;
(5) The officer shall complete the following
sequence from the 15 yard line in a total of 25 seconds:
a. Fire 2 rounds strong hand from the right side
of cover;
b. Fire 2 rounds strong hand from a kneeling
position on the right side of cover;
c. Reload the weapon;
d. Fire 2 rounds strong hand from the left side
of cover; and
e. Fire 2 rounds strong hand from a kneeling
position on the left side of cover; and
(6) The officer shall fire 3 segments of 2 rounds
each in 12 seconds per segment from the 25 yard line, with each segment
including each of the following actions:
a. The officer shall begin 5 yards behind a
barricade;
b. Upon command, the officer shall move into a
kneeling position behind barricade; and
c. The officer shall draw his/her weapon with the
strong hand, fire 2 rounds at the target, and holster the weapon.
(d)
Agencies that use semiautomatic pistols or otherwise wish to utilize a
unique firearms course shall submit a complete description of the proposed
training. The director shall approve
such a course if it provides an equivalent level of shooter accuracy and
proficiency as the courses outlined in (c) above, including distances that
simulate both close-range and distant encounters, and multiple timed firing.
(e)
All in-service law enforcement, corrections and probation/parole
officers who are issued or carry a defensive weapon and who are authorized to
use force in the course of their employment, shall in addition to annual
firearms range qualification attend and complete at least once each calendar
year a refresher training segment or segments of not less than 4 hours
regarding the use of deadly and non-deadly force.
(f)
Such training shall include a classroom presentation of:
(1) The lawful use of deadly and non-deadly
force;
(2) The concept and application of the force
continuum;
(3) High speed vehicle operation and the use of
roadblocks and, if applicable to that agency, tire deflation devices;
(4) The use of impact weapons and handcuffs;
(5) Unarmed self-defense;
(6) Precautions against positional asphyxia and
in-custody death syndrome;
(7) The safe handling, storage, cleaning and
deployment of firearms on- and off-duty;
(8) The administration or provision of appropriate
medical aid after the application of force; and
(9) Agency policies concerning these subjects.
(g)
Each of the areas in (f) above shall not have to be covered each year,
but all shall be discussed within a 3-year cycle, and if the officer is issued
or carries firearms then, (1), (2), (7), (8), and (9) shall be discussed
annually.
(h)
The classroom presentation and discussion shall be led by a
council-certified firearms instructor and shall be no less than one hour in
length.
(i)
The remaining 3 hours shall consist of, at the option of the hiring
authority:
(1) Classroom training;
(2) Text-based training;
(3) Decision training;
(4) Additional low-light-level shooting;
(5) Defensive tactics;
(6) Weapon retention;
(7) Handcuffing;
(8) Impact weapon; or
(9) Defensive spray refresher instruction.
(j)
This training shall be conducted by a council-certified firearms
instructor, or in the case of non-firearms training, an instructor deemed
qualified by their department to conduct such training, using appropriate
safety precautions.
(k)
Training and proficiency shall be documented and monitored by the
department and records retained for a 5-year period and subject to examination
and audit by the director or his or her authorized agent.
(l)
The documentation shall be attested to by a council-approved firearms
instructor and contain the following information:
(1) The full name of each officer;
(2) The officer's department;
(3) Whether the officer passed or failed;
(4) Whether or not 4-hour classroom phase was
included;
(5) The date of completion;
(6) The instructor's name and signature;
(7) Lesson outlines used; and
(8) Signed attendance rosters.
(m)
Qualified retired law enforcement officers as defined in Pol 101.37, who
wish to carry a concealed weapon pursuant to the provisions of H.R. 218, the
“Law Enforcement Officers’ Safety Act of 2004”, 18 U.S.C. 926C, as amended,
shall:
(1) Present a retired law enforcement officer
identification which meets the requirements of 18 U.S.C. 926C (d) (2A) and Pol
101.38, to an officer holding a current council firearms instructor
certification, pursuant to Pol 404.05 and whose agency is willing to carry out
the handgun qualification of 18 U.S.C. 926C (c) (5) and Pol 404.03 (b) and (c);
(2) Complete the use of force training provided
by the firearms instructor currently certified by the council, as required by
RSA 627:1 through 8 and Pol 404.03(f) (1), (2), (7), and (8); and
(3) Complete the course of fire
outlined in Pol 404.03 (b) and (c) or another course of fire approved by the
director of the council 2 consecutive times with a score of 75% or better,
conducted by a firearms instructor currently certified by the council and
approved by the firearms instructor’s employer.
(n)
Upon completion of the requirements outlined in Pol 404.03 (m), the
council firearms instructor of record shall provide the qualified retired law
enforcement officer documentation, including:
(1) The name of the qualified retired law enforcement
officer;
(2) The mailing address of the qualified retired
law enforcement officer;
(3) The date of the qualification;
(4) Make, model and serial number of the weapon
used for qualification purposes;
(5) The type of ammunition qualified with;
(6) The scores shot for qualification;
(7) The signature and council assigned
identification number of the firearms instructor of record; and
(8) The signature of the qualified retired law
enforcement officer.
(o)
A copy of the documentation required in Pol 404.03(n) and a photocopy of
the retired law enforcement officer identification relied upon to satisfy Pol
404.03 (m) (1), shall be retained by the council certified firearms
instructor’s employing agency for a 5 year period.
Source. #1534, eff 2-17-80; ss by #1988, eff 3-25-82;
ss by #2783, eff 7-27-84; ss by #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7302, eff 6-8-00; amd by #8926, eff 7-1-07; ss by #9168, INTERIM, eff
6-3-08, EXPIRES: 11-30-08; ss by #9224, eff 8-1-08; ss by #10780, eff 3-1-15;
ss by #12041, eff 11-16-16
Pol 404.04 Annual Certification. The following shall apply to annual certification:
(a)
The hiring authority shall submit to the council no later than 30 days
after the conclusion of each calendar year, an annual firearms training and
qualification affidavit certifying that each police, corrections or
probation/parole officer employed by them has successfully completed all the
training and qualification requirements prescribed in Pol 404.03 during the
preceding calendar year; and
(b)
The annual firearms training and qualification affidavit shall be signed
by the chief law enforcement officer and shall include a list of all firearms
instructors who provided training during the calendar year, including their
council assigned identification numbers.
Source. #1534, eff 2-17-80; ss by #1988, eff 3-25-82;
ss by #2783, eff 7-27-84; ss by #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7302, eff 6-8-00; ss by #9168, INTERIM, eff 6-3-08, EXPIRES: 11-30-08;
ss by #9224, eff 8-1-08; ss by #10781, eff 3-1-15; ss by #12041, eff 11-16-16
Pol 404.05 Firearms Instructor Qualifications. The following shall apply to firearms
instructor qualifications:
(a)
To be approved by the council as a firearms instructor, police,
corrections or probation/parole officers shall submit his or her credentials to
the director prior to commencement of a firearms training course;
(b)
The officer shall be approved if he or she successfully completes the
council firearms instructor school;
(c)
The officer shall be approved if he or she:
(1) Successfully completes one of the following:
a. F.B.I. firearms instructor school;
b. National Rifle Association police firearms
instructor course; or
c. Another firearms instructor course which,
upon review of the course curriculum, the director has determined is equivalent
to the council firearms instructor course and requires the officer to
demonstrate the equivalent level of skills and knowledge with a semi-automatic
pistol which the course noted in Pol 404.03(b) and (c) provides, taking into
consideration the make and type of weapon used;
(2) Demonstrate
proficiency by qualifying twice consecutively on a council sponsored
qualification course with a minimum score of 80% to the bib area of PSTC’s
silhouette target; and
(3) Attend one hour of council sponsored instruction
for new firearms instructors; and
(d)
To maintain instructor certification, an instructor shall:
(1) Instructor assist in at least one firearms
training program each calendar year; and
(2) Attend one
annual council sponsored firearms instructor refresher course every second
calendar year.
Source. #1534, eff 2-17-80; ss by #1988, eff 3-25-82;
ss by #2783, eff 7-27-84; ss by #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7302, eff 6-8-00; ss by #9168, INTERIM, eff 6-3-08, EXPIRES: 11-30-08;
ss by #9224, eff 8-1-08; ss by #10049, eff 12-20-11; ss by #12041, eff 11-16-16
Pol 404.06 Ongoing Medical Suitability for Physical
Fitness Testing. The following shall
apply to ongoing medical suitability for physical fitness testing:
(a) As a condition of continued
certification and employment, a police, corrections or probation/parole officer
shall furnish the council every 3 years with a medical clearance report signed
by a physician, physician assistant, or advanced practice registered nurse
documenting that the officer is physically capable of participating in the
physical performance test defined as the entry standards for full-time police
officers prescribed as the 1 ½ mile run, pushups and sit-ups performed at the
35th percentile, normed for age and gender as published by the
Cooper Institute for Aerobic Research, unless:
(1) On January 1, 2001 the officer is certified
as a police, state corrections or probation/parole officer in the State of New
Hampshire or any political subdivision;
(2) The officer was employed as a police, state
corrections or probation/parole officer by the State of New Hampshire or any
political subdivision pending certification prior to January 1, 2001 and
remained employed on January 1, 2001 in the same position; or
(3) The person was
previously certified in New Hampshire and he or she retains new employment as a
police, state corrections or probation/parole officer in the State of New
Hampshire or any political subdivisions and the lapse in police, corrections or
probation/parole employment was less than 3 years.
(b) The cost of the medical
certification shall be the responsibility of the officer, unless the
certification is paid for by the employer or another Source.
(c)
The medical clearance shall be valid for a period of 12 months from the
date of the examination.
(d) Any officer who is unable to obtain the
medical clearance shall have his/her certification placed in probationary
status for a period of 6 months, which shall be extended by the council for
good cause as defined in Pol 302.01(e) for up to 2 years, during which time the
officer may submit documentation of medical clearance for testing at any
time. If the officer remains unable to
meet the standards after the 2 year period, the council shall suspend the
officer’s certification until such time as the officer is able to obtain the
medical clearance and pass the physical fitness performance test conducted by
police standards and training staff.
Source. #7302, eff 6-8-00; amd by #8457, eff 10-28-05;
ss by #9168, INTERIM, eff 6-3-08, EXPIRES: 11-30-08; ss by #9224, eff 8-1-08;
ss by #12041, eff 11-16-16
Pol 404.07 On-Going Physical Fitness Testing. The following shall apply to on-going physical
fitness testing:
(a) As a condition of continued
certification and employment, a police, corrections or probation/parole officer
shall successfully pass the physical fitness performance test specified as the
entry standards for full-time police officers including the 1 ½ mile run,
pushups and situps performed at the 35th percentile, normed for age
and gender as published by the Cooper Institute for Aerobic Research once every
3 years, unless:
(1) On January 1, 2001 the officer is certified
as a police, state corrections or probation/parole officer in the State of New
Hampshire or any political subdivision;
(2) The officer was employed as a police, state
corrections or probation/parole officer by the State of New Hampshire or any
political subdivision pending certification prior to January 1, 2001 and
remained employed on January 1, 2001 in the same position; or
(3) The person was
previously certified in New Hampshire and he or she retains new employment as a
police, state corrections or probation/parole officer in the State of New
Hampshire or any political subdivisions and the lapse in police, corrections or
probation/parole employment was less than 3 years.
(b)
The cost of the testing shall be the responsibility of the officer,
unless the testing is paid for by the employer or another Source.
(c)
Nothing in this section shall prohibit individual hiring authorities
from requiring physical fitness programs or tests that are more stringent or
frequent than those required by this rule.
(d)
No officer who has failed to obtain the medical clearance required in
Pol 404.06 shall be allowed to participate in the physical fitness performance testing
required by this rule.
(e) Any officer who is unable to pass
the physical fitness performance test shall have his/her certification placed
in probationary status for a period of up to 2 years, during which time the
officer may submit documentation of
medical clearance for testing and
of a passed test at any time. If the
officer remains unable to meet the standards after the 2 year period, the
council shall suspend the officer’s certification until such time as the
officer is able to obtain the medical clearance and pass the physical fitness
performance test conducted by police standards and training staff.
(f)
For the purpose of Pol 404.06 and 404.07, “once every 3 years” means that the physical fitness performance
test shall be successfully completed during the third year from the last
successful test year and shall be completed by December 31st of that year.
(g)
At the request of a hiring authority, or in any case where the council
has reasonable grounds to doubt that a physical fitness performance test was conducted
in accordance with the protocol adopted by the council, the council shall
require an officer to submit to a physical fitness performance test conducted
by police standards and training staff to satisfy the requirements of this
section.
Source. #7302, eff 6-8-00; ss by #9168, INTERIM, eff 6-3-08,
EXPIRES: 11-30-08; ss by #9224, eff 8-1-08; ss by #10353, eff 6-4-13; ss by
#12041, eff 11-16-16
CHAPTER Pol
500 ETHICAL STANDARDS
PART Pol 501 REPORTING OF ETHICS VIOLATIONS
Statutory
Authority: RSA 188-F:26
Pol 501.01 Report of Arrests.
(a)
Every state, county or local law enforcement agency in New Hampshire,
upon arresting or formally charging any person known or identified to them to
be a full-time or part-time police or corrections or probation/parole officer
in this or any other state for a violation of the criminal law other than a
minor motor vehicle violation, shall within 15 days notify the director by mail
on council form "G"
.
(b)
Every full-time or part-time police or corrections or probation/parole
officer employed by a state, county or local law enforcement agency in New
Hampshire, upon being arrested or formally charged in this or any other state
for a violation of the criminal law other than a minor motor vehicle violation,
shall within 48 hours, notify the hiring authority of their agency.
(c)
Every state, county or local law enforcement agency in New Hampshire
that becomes aware that a full-time or part-time police or corrections or
probation/parole officer employed by that agency has been arrested or formally
charged for a violation of the criminal law, other than a minor motor vehicle
violation, shall within 15 days notify the director by mail on council form
"G".
(d)
For the purposes of this section, serious motor vehicle violations for
which a mandatory license suspension is part of the penalty shall not be
considered a minor motor vehicle violation.
(e)
Council form "G" shall contain the following information:
(1) The arresting department's name;
(2) The arrested officer's full name, address,
date of birth and department affiliation;
(3) The date and location of arrest;
(4) The formal charge and statute number;
(5) The date, time and location of court
appearance;
(6) The signature of an official of the reporting
agency; and
(7) The name and telephone number of the
prosecuting official.
Source. #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7302, eff 6-8-00; ss by #9168, INTERIM, eff 6-3-08, EXPIRES: 11-30-08;
ss by #9224, eff 8-1-08; ss by #10734, eff 1-1-15; ss by #12041, eff 11-16-16
CHAPTER Pol
600 TRAINING APPROVAL
PART Pol 601 APPROVAL OF TRAINING
Statutory
Authority: RSA 188-F:26
Pol 601.01 Requesting and Maintaining Approval. The following shall apply to requesting and
maintaining approval of training:
(a)
Any agency or accredited educational facility, if it seeks approval of
in-service and advanced training courses and programs, shall apply to the
council for such approval;
(b)
The requesting agency shall submit its proposal to the council, not less
than 60 days prior to commencement of the proposed course or program;
(c)
The director shall review all information submitted and make a report of
his/her findings to the council;
(d)
The council shall not approve a course unless the following is received:
(1) Performance objectives covering the functional
area;
(2) Detailed lesson plans;
(3) Examinations testing the performance
objectives; and
(4) Instructor resumes;
(e)
The council shall base its approval on the sufficiency of the material
submitted, and the extent to which the training corresponds to current practice
as specified in the rules; and
(f)
The council shall monitor any approved course and shall withdraw its
approval if it determines that the program is not maintaining a course content
and level of instruction that will result in achieving the performance
objectives outlined for the course.
Source. #1534, eff 2-17-80; ss by #1988, eff 3-25-82;
ss by #2783, eff 7-27-84; ss by #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7302, eff 6-8-00; ss by #9168, INTERIM, eff 6-3-08, EXPIRES: 11-30-08;
ss by #9224, eff 8-1-08; ss by #12041, eff 11-16-16
PART Pol 602 TRAINING RECORDS
Statutory
Authority: RSA 188-F:22-28, RSA 91-A:5,
IV
Pol 602.01 Training Records. The council shall maintain a file on each
officer including:
(a)
Employee status notification forms;
(b)
Proof of high school diploma or equivalent;
(c)
Administrative correspondence;
(d)
Class records of attendance and grades at any training programs
conducted by the council; and
(e)
The medical evaluation forms submitted for officers.
Source. #1534, eff 2-17-80; ss by #1988, eff 3-25-82;
ss by #2783, eff 7-27-84; ss by #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7302, eff 6-8-00; ss by #9168, INTERIM, eff 6-3-08, EXPIRES: 11-30-08;
ss by #9224, eff 8-1-08; ss by #12041, eff 11-16-16
Pol 602.02 Council Training Files. The following shall apply to council training
files:
(a)
Training records and documents relating to an applicant or officer may
be reviewed by the applicant or officer.
Any information that indicates that a person might not qualify for
certification as a police or corrections officer, or which reflects adversely
upon their ability to be a competent officer shall, unless the council
determines otherwise upon advice of the attorney general, be furnished by the
council to a police or corrections department that has hired or is considering
hiring the person.
(b)
Upon written request of the hiring authority, the council shall
temporarily seal from public disclosure the name of an officer assigned to
undercover duties when its public disclosure would jeopardize the officer or
the assignment, until such time as the undercover assignment has been
terminated.
Source. #1534, eff 2-17-80; ss by #1988, eff 3-25-82;
ss by #2783, eff 7-27-84; ss by #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7302, eff 6-8-00; ss by #9168, INTERIM, eff 6-3-08, EXPIRES: 11-30-08;
ss by #9224, eff 8-1-08; ss by #12041, eff 11-16-16
Pol 602.03 Time and Compensation Records. The following shall apply to time and
compensation records:
(a)
Each hiring authority or agency shall maintain for a period of 5 years,
a record of gross earnings, hours worked and the hourly rate of pay of each
part-time police officer, which record together with all supporting
documentation shall be open to inspection by the council upon request; and
(b)
Each hiring authority shall certify under oath to the council by no
later than 30 days after the close of each calendar year that each part-time
police officer in their employ has not exceeded the maximum hours requirement
specified in these rules.
Source. #4437, eff 6-22-88; ss by #5836, eff 6-15-94;
ss by #7302, eff 6-8-00; ss by #9168, INTERIM, eff 6-3-08, EXPIRES: 11-30-08;
ss by #9224, eff 8-1-08; ss by #12041, eff 11-16-16; ss by #12041, eff 11-16-16
CHAPTER
Pol 700 - RESERVED
Source. #1534, eff 2-17-80; ss by #1988, eff 3-25-82;
ss by #2783, eff 7-27-84; ss by #4437, eff 6-22-88; ss by #5836, eff 6-15-94
CHAPTER
Pol 800 - RESERVED
Source. #4437, eff 6-22-88; ss by #5836, eff 6-15-94
APPENDIX
Rule |
NH Statute
Implemented |
Federal Statute
Implemented |
Pol 101 |
RSA 106-L:5 ;
RSA 541-A:7; RSA 541-A:8 |
|
Pol 102.01 |
RSA 541-A:16, I;
RSA 106-L:5 |
|
Pol 102.02 |
RSA 541-A:16, I;
RSA 106-L:4, RSA
106-L:5,XVIII; RSA 106-L:5,XIX |
|
Pol 102.03 |
RSA 541-A:16, I;
RSA 106-L:3,I (a)-(i) |
|
Pol 102.04 |
RSA 541-A:16, I;
RSA 106-L:3, III |
|
Pol 102.05 |
RSA 541-A:16, I;
RSA 106-L:5, XVIII, |
|
Pol 102.06 |
RSA 91-A:2, I |
|
Pol 103.01 |
RSA 541-A:16, I,
(a); RSA 91-A:4 |
|
|
|
|
Pol
201.01 |
RSA
541-A:30-a,I |
|
Pol
201.02 |
RSA
541-A:30-a,I |
|
Pol
202.01 |
RSA
541-A:30-a,I |
|
Pol
202.02 |
RSA
541-A:30-a,I |
|
Pol
202.03 |
RSA
541-A:30-a,I |
|
Pol
202.04 |
RSA
541-A:30-a,I |
|
Pol
202.05 |
RSA
541-A:30-a,I |
|
Pol
202.06 |
RSA
541-A:1, XII; RSA 541-A:30-a,I |
|
Pol
202.07 |
RSA
541-A:1, XIII; RSA 541-A:30-a,I |
|
Pol
202.08 |
RSA
541-A:1, XIV; RSA 541-A:30-a,I |
|
Pol
202.09 |
RSA
541-A:30-a,I |
|
Pol
203.01 |
RSA
541-A:4, RSA 541-A:16, I(c) |
|
Pol
203.02 |
RSA
541-A:16, I(d) |
|
Pol
203.03 |
RSA
541-A:16, I (c) and (d) |
|
Pol
204.01 |
RSA
541-A:30-a, III(a) |
|
Pol
204.02 |
RSA
541-A:30-a, III(a) |
|
Pol
204.03 |
RSA
541-A:30-a, III(a) |
|
Pol
205.01 |
RSA
541-A:30-a, III(g) |
|
Pol
205.02 |
RSA
541-A:31, II |
|
Pol
205.03 |
RSA
541-A:30-a, III(g) |
|
Pol
205.04 |
RSA
541-A:31, V |
|
Pol
205.05 |
RSA
541-A:31, V(a) |
|
Pol
205.06 |
RSA
541-A:31, V(a) |
|
Pol
205.07 |
RSA
541-A:31, V(a) |
|
Pol
206.01 |
RSA
541-A:31, III |
|
Pol
206.02 |
RSA
541-A:31, III |
|
Pol
206.03 |
RSA
541-A:30-a, III(b) |
|
Pol
206.04 |
RSA 541-A:30-a, III(g) |
|
Pol
206.05 |
RSA
541-A:30-a, III(g) |
|
Pol
206.06 |
RSA
541-A:30-a through 38, RSA 106-L:5, III |
|
Pol
206.07 |
RSA
541-A:33, I |
|
Pol
206.08 |
RSA
541-A:31, VIII |
|
Pol
206.09 |
RSA
541-A:31, IV, VII |
|
Pol
206.10 |
RSA
541-A:33, II |
|
Pol 206.11 |
RSA 541-A:30-a,
III(d) |
|
Pol 206.12 |
RSA 541-A:16,
I(b)(2); RSA 541-A:30-a, III(g) |
|
Pol 206.13 |
RSA 541-A:33, II |
|
Pol 206.14 |
RSA 541-A:31, IV |
|
Pol 206.15 |
RSA 541-A:36 |
|
Pol 206.16 |
RSA 541-A:30-a,
III(h) |
|
Pol 206.17 |
RSA 541-A:37 |
|
Pol 206.18 |
RSA 541-A:16,
I(b)(2); RSA 541-A:30-a |
|
Pol 206.19 |
RSA 541-A:30-a,
III(f) |
|
Pol 206.20 |
RSA 541-A:30-a,
II(c) |
|
Pol 206.21 |
RSA 541-A:30-a,
III(c) |
|
Pol 206.22 |
RSA 541-A:30-a,
III(c) |
|
Pol 206.23 |
RSA 541-A:31,
VIII; RSA 541-A:35 |
|
Pol 206.24 |
RSA 541-A:30-a,
III(g) |
|
Pol 207.01 |
RSA 541-A:31,
VIII |
|
Pol 207.02 |
RSA 541-A:35 |
|
Pol 208.01 |
RSA 541-A:30-a,
I |
|
Pol 208.02 |
RSA 541-A:30-a,
I |
|
Pol 208.03 |
RSA 541-A:30-a,
I |
|
Pol 209.01 |
RSA 541-A:11,
VII |
|
Pol 209.02 |
RSA 541-A:11,
VII |
|
Pol 210.01 |
RSA 541-A:16,
I(b)(3) |
|
Pol 210.02 |
RSA 541-A:16,
I(b)(3) |
|
Pol 210.03 |
RSA 541-A:16,
I(b)(3) |
|
Pol 210.04 |
RSA 541-A:16,
I(b)(3) |
|
Pol 210.05 |
RSA 541-A:16,
I(b)(3) |
|
|
|
|
Pol 301.01 |
RSA 106-L:6,III |
|
Pol 301.02 |
RSA 106-L:6,III |
|
Pol 301.03 |
RSA 106-L:6,III |
|
Pol 301.04 |
RSA 106-L:6, III |
|
Pol 301.05 |
RSA 106-L:6, III |
|
Pol
301.06 |
RSA 106-L:5, II |
|
Pol
301.07 |
RSA 106-L:6,VI |
|
Pol 301.08 |
RSA 106-L:6,XV |
|
Pol
302.01 |
RSA
106-L:5, I; RSA 106-L:6, I |
|
Pol 302.02 |
RSA 106-L:5,VI; RSA 106-L:6, III |
|
Pol 302.03 |
RSA 106-L:5,IX |
|
Pol 302.04 |
RSA 381; RSA
106-L:6, I |
49 U.S.C. 28101 |
Pol 302.05 |
RSA 176:7; RSA
106-L:6, I |
|
Pol 302.06 |
RSA 106-L:6, I |
|
Pol 302.07 |
RSA 106-L:6, I;
RSA 21-P:7-c |
|
Pol 302.08 |
RSA 106-L:6, I;
RSA 627:8-b |
|
Pol 302.09 |
RSA 106-L:6, I;
RSA 438:15-a; RSA 227-G:9 |
|
Pol 302.10 |
RSA 106-L:5,I |
|
Pol 302.11 |
RSA 106-L:6, III |
|
Pol 302.12 |
RSA 106-L:11 |
|
Pol 302.13 |
RSA 106-L:5, XVI |
|
Pol 302.14 |
RSA 14:50, IV;
RSA 14:50, V; RSA 106-L:6, XVI |
|
Pol 302.15 |
RSA 106-L:5; RSA
106-L:5, VI |
|
|
|
|
Pol 401.01 |
RSA 106-L:6, III |
|
Pol 402.01 |
RSA 106-L:5, V |
|
Pol 402.02 |
RSA 106-L:5, V |
|
Pol 403.01 |
RSA 106-L:5, V |
|
Pol 404.01 |
RSA 106-L:5, V |
|
Pol 404.02 |
RSA 106-L:5, XVI |
|
Pol 404.03 |
RSA 106-L:5, IV; RSA 106-L:5,
XXII |
18 U.S.C.
926C(d)(2)(B) |
Pol 404.04 |
RSA 106-L:5, II |
|
Pol 404.05 |
RSA 106-L:5, V;
RSA 106-L:6, III |
|
Pol 404.06 |
RSA 106-L:5, V
RSA 106-L:6, III |
|
Pol
404.07 |
RSA 106-L:5,V;
RSA 106-L:6, III |
|
Pol 501.01 |
RSA 106-L:5, II |
|
|
|
|
Pol 601.01 |
RSA 106-L:5,VI;
RSA 106-L:5, IX |
|
Pol 602.01 |
RSA 106-L:5,
XVI; RSA 91-A:5, IV |
|
Pol 602.02 |
RSA 106-L:5, II |
|
Pol 602.03 |
RSA 106-L:5, II |
|