CHAPTER Saf-C 700 RULES FOR RAILROAD POLICE
Statutory
Authority: RSA 21-P:14, II(p) and RSA
381:11
PART Saf-C 701
DEFINITIONS
Saf-C 701.01 Chapter Definitions. The following terms shall be construed as set
forth unless the text clearly indicates otherwise:
(a)
"Applicant" means a person intending to fulfill the statutory
and administrative requirements to obtain an appointment within the meaning of
RSA 381:2.
(b)
"Commissioner" means the commissioner of the department of
safety or a designee thereof.
(c)
"Department" means the
(d)
"Officer" means a person holding a valid commission as a
railroad police officer.
(e)
"Railroad" means railroad as defined under RSA 381:1.
Source. #2281, eff 1-16-83; ss by #2790, eff 8-2-84;
ss by #5067, eff 2-21-91; ss by #6456, INTERIM, eff 2-21-97, EXPIRED: 6-21-97;
ss by #6473, eff 3-25-97, EXPIRED:3-25-05
New. #8776, eff 12-23-06
PART Saf-C 702
APPLICATION
Saf-C 702.01 Application: Where Available. Application forms for police commission shall
be made available at the office of the commissioner,
Source. #2281, eff 1-16-83; ss by #2790, eff 8-2-84;
ss by #5067, eff 2-21-91; ss by #6456, INTERIM, eff 2-21-97, EXPIRED: 6-21-97;
ss by #6473, eff 3-25-97, EXPIRED: 3-25-05
New. #8776, eff 12-23-06
Saf-C 702.02 Application Data Required.
(a)
A railroad, on behalf of an applicant, shall furnish the following on
the application:
(1) The railroad's:
a. Name;
b. Address; and
c. Telephone number;
(2) The chief of railroad police's:
a. Name;
b. Address; and
c. Telephone number;
(3) The applicant's:
a. Name;
b. Address;
c. Date of birth; and
d. Telephone number;
(4) The applicant's prior work experience in
active law enforcement, including the employer's:
a. Name;
b. Address;
c. Telephone number; and
d. The dates of service;
(5) Pursuant to RSA 381:4, whether the applicant
was in the employment of the following or combination of the following prior to
August 21, 1979:
a. The railroad as a railroad police officer;
b. A municipal police department as a police
officer; or
c. A state police department as a police
officer;
(6) Date of applicant’s successful completion of
a state approved basic police academy training program in this or another
state.
(7) Whether the applicant has been certified as a
police officer pursuant to RSA 188-F
or law or rules of another state;
(8) A statement of recommendation of the
applicant for the commission of railroad police officer by the chief of the
railroad police officer; and
(9) The signature of:
a. The chief officer; and
b. The applicant.
(b) If the applicant responded in the affirmative
to (a)(7) above, the applicant shall attach a copy of the certificate with the
application for railroad police commission.
(c) The applicant shall attach a copy of either a
diploma or a certificate of completion from a state approved basic police
academy training program in this or another state.
Source. #2281, eff 1-16-83; ss by #2790, eff 8-2-84;
ss by #5067, eff 2-21-91; ss by #6456, INTERIM, eff 2-21-97, EXPIRED: 6-21-97;
ss by #6473, eff 3-25-97, EXPIRED: 3-25-05
New. #8776, eff 12-23-06
Saf-C 702.03 Submitting the Application.
(a) The application shall be submitted to the:
Office of the
Commissioner, Dept. of Safety
(b)
If an application is found to be incomplete, the railroad shall be
notified in writing within 30 days of the date the application is received by
the department.
Source. #2281, eff 1-16-83; ss by #2790, eff 8-2-84;
ss by #5067, eff 2-21-91; ss by #6456, INTERIM, eff 2-21-97, EXPIRED: 6-21-97;
ss by #6473, eff 3-25-97, EXPIRED: 3-25-05
New. #8776, eff 12-23-06
Saf-C 702.04
Cut-Off Date for Non-Certified Applicant. Pursuant to RSA 381:4, after August 21, 1979,
no person shall be eligible for appointment as a railroad police officer unless
such person is a certified police officer in accordance with RSA 188-F or the
law of another state.
Source. #2281, eff 1-16-83; ss by #2790, eff 8-2-84;
ss by #5067, eff 2-21-91; ss by #6456, INTERIM, eff 2-21-97, EXPIRED: 6-21-97;
ss by #6473, eff 3-25-97, EXPIRED: 3-25-05
New. #8776, eff 12-23-06
PART Saf-C 703
COMMISSIONS
Saf-C 703.01 Granting Commissions.
(a)
Upon receipt of an application the commissioner shall, in a timely
fashion but no later than 60 days after receiving the application, advise the applicant
of a time to appear at the department,
(b)
Upon personal appearance, an oath shall be administered and a
certificate of commission issued to the applicant.
Source. #2281, eff 1-16-83; ss by #2790, eff 8-2-84;
ss by #5067, eff 2-21-91; ss by #6456, INTERIM, eff 2-21-97, EXPIRED: 6-21-97;
ss by #6473, eff 3-25-97, EXPIRED: 3-25-05
New. #8776, eff 12-23-06
Saf-C 703.02 Certificate of Commission. The certificate of commission shall contain
the following:
(a)
Name of the railroad concerned;
(b) Name and signature of the officer;
(c) Name and signature of the commissioner;
(d) The oath administered;
(e) The date of the commission; and
(f) The signature of the justice of the peace.
Source. #2281, eff 1-16-83; ss by #2790, eff 8-2-84;
ss by #5067, eff 2-21-91; ss by #6456, INTERIM, eff 2-21-97, EXPIRED: 6-21-97;
ss by #6473, eff 3-25-97, EXPIRED: 3-25-05
New. #8776, eff 12-23-06
Saf-C 703.03 Termination of Authority.
(a) Pursuant to RSA 381:10, within 10 days after
termination of employment of any railroad police officer, the railroad shall
file notice of termination at the:
Office of the
Commissioner
Department of Safety
(b) Notices of termination filed with the
commissioner shall include:
(1) The name of the former officer;
(2) The date of termination;
(3) The name of the railroad; and
(4) The
signature and name of the chief police officer.
Source. #2281, eff 1-16-83; ss by #2790, eff 8-2-84;
ss by #5067, eff 2-21-91; ss by #6456, INTERIM, eff 2-21-97, EXPIRED: 6-21-97;
ss by #6473, eff 3-25-97, EXPIRED: 3-25-05
New. #8776, eff 12-23-06
Saf-C 703.04 Rescission of Authority.
(a) Upon receipt of the notice of termination,
the commissioner shall:
(1) Rescind the former officer's commission; and
(2) Give notice to the former officer thereof.
(b) The former officer shall return the
certificate of commission to the department within 7 days.
Source. #2281, eff 1-16-83; ss by #2790, eff 8-2-84;
ss by #5067, eff 2-21-91; ss by #6456, INTERIM, eff 2-21-97, EXPIRED: 6-21-97;
ss by #6473, eff 3-25-97, EXPIRED: 3-25-05
New. #8776, eff 12-23-06
PART Saf-C 704
RESCINDING AUTHORITY
Saf-C 704.01 Rescinding Authority for Cause.
(a) The commissioner shall, after opportunity for
hearing as prescribed in Saf-C 200, rescind an officer's commission upon
finding:
(1) That, subsequent to commission, an officer
has been convicted of a criminal offense in this or any other jurisdiction;
(2) That an officer has engaged in any activities
that are contrary to the public's safety or to the orderly administration of
justice;
(3) That the officer’s chief police officer so recommends,
in writing, the reasons an officer’s commission should be rescinded;.
(4) That the officer
has refused or neglected to complete any mandatory training programs required
by the New Hampshire police standards and training council pursuant to its
statute or administrative rules; or
(5) The
officer is no longer certified, in accordance with RSA Chapter 188-F or the equivalent law of another
state, or whose certification has been suspended or revoked by the law
enforcement training and certification agency in this or another state.
Source. #2281, eff 1-16-83; ss by #2790, eff 8-2-84;
ss by #5067, eff 2-21-91; ss by #6456, INTERIM, eff 2-21-97, EXPIRED: 6-21-97;
ss by #6473, eff 3-25-97, EXPIRED: 3-25-05
New. #8776, eff 12-23-06
Saf-C 704.02 Return of Certification Required.
(a) In the event that a commission is rescinded,
the former officer shall return the certificate of commission to the
commissioner.
(b) Such a person shall be ineligible for a new commission
unless the commissioner, after a hearing as prescribed in Saf-C 200, finds that
the person should again be commissioned in accordance with these rules.
(c) Such person shall not be eligible for a
hearing as prescribed in (b) above, for a period of one year from the original
rescission of authority.
Source. #2281, eff 1-16-83; ss by #2790, eff 8-2-84;
ss by #5067, eff 2-21-91; ss by #6456, INTERIM, eff 2-21-97, EXPIRED: 6-21-97;
ss by #6473, eff 3-25-97, EXPIRED: 3-25-05
New. #8776, eff 12-23-06
PART Saf-C 705
RULES OF CONDUCT
Saf-C 705.01 Identification.
(a) Railroad police officers shall give their
name, rank, and duty station to any person who requests such identifying
information while on duty, except when serving in an undercover capacity.
(b) Railroad police officers shall not allow:
(1) Any other person to use the railroad police
officer's badge;
(2) Any other person to use any other means of
personal identification; or
(3) Such badge or identification to be
photographed or reproduced.
Source. #2281, eff 1-16-83; ss by #2790, eff 8-2-84;
ss by #5067, eff 2-21-91; ss by #6456, INTERIM, eff 2-21-97, EXPIRED: 6-21-97;
ss by #6473, eff 3-25-97, EXPIRED: 3-25-05
New. #8776, eff 12-23-06
Saf-C 705.02 Cooperation with Other Law Enforcement
Agencies.
(a) Railroad police officers shall cooperate
fully at all times with state police, county sheriffs, and local police
departments when working within the jurisdiction of such department.
(b) Railroad police officers shall:
(1) Not conceal evidence of any crime from
another law enforcement agency; and
(2) Report all crimes discovered by them to the state
police and the appropriate local police agency having jurisdiction.
Source. #2281, eff 1-16-83; ss by #2790, eff 8-2-84;
ss by #5067, eff 2-21-91; ss by #6456, INTERIM, eff 2-21-97, EXPIRED: 6-21-97;
ss by #6473, eff 3-25-97, EXPIRED: 3-25-05
New. #8776, eff 12-23-06
Saf-C 705.03 Rule Violations.
(a) The commissioner shall, after an opportunity
for hearing as prescribed in Saf-C 200, suspend an officer's commission on
finding that an officer has engaged in any activities that constitute a
violation of these rules.
(b) Such commission shall be suspended for a
period not to exceed one year from the date of hearing.
Source. #2281, eff 1-16-83; ss by #2790, eff 8-2-84; ss
by #5067, eff 2-21-91; ss by #6456, INTERIM, eff 2-21-97, EXPIRED: 6-21-97; ss
by #6473, eff 3-25-97, EXPIRED: 3-25-05
New.
#8776, eff 12-23-06
APPENDIX
|
Rule |
Statute |
|
|
|
|
Saf-C 701.01 |
RSA 541-A:7 |
|
Saf-C 702.01 |
RSA 381:2 |
|
Saf-C 702.02(a) |
RSA 541-A:7 |
|
Saf-C 702.02(b) &
(c) |
RSA 381:2 |
|
Saf-C 702.03 |
RSA 381:2 |
|
Saf-C 702.04 |
RSA 381:4 |
|
Saf-C 703.01 |
RSA 381:16 |
|
Saf-C 703.02 |
RSA 541-A:7 |
|
Saf-C 703.03 &
703.04 |
RSA 381:10 |
|
Saf-C 704.01 |
RSA 541-A:30 & RSA
381:2 |
|
Saf-C 704.02 |
RSA 381:2 |
|
Saf-C 705.01 |
RSA 381:2; RSA 3;81:7;
RSA 381:12 |
|
Saf-C 705.02 |
RSA 381:2 |
|
Saf-C 705.03 |
RSA 541-A:30 & RSA
381:2 |