(1) The board establishes the following requirements for certification of the Montana law enforcement academy to present one or more of the prescribed courses and other courses:

(a) The administrator shall be responsible for scheduling, presentation and general administration of the mandated training programs, regional training programs and other specialized training programs certified by the peace officers standards and training advisory council and presented or sponsored by the academy.

(b) The administrator shall be responsible for the selection of instructors and for the preparation, maintenance and proper filing of all reports and records required by the council on those courses presented or sponsored by the law enforcement academy.

(c) For certification purposes, any training facility utilized by the Montana law enforcement academy or by any agency sponsoring a POST certified specialized regional training course must meet the following standards:

(i) classrooms must be comfortable and well-lighted with an adequate seating capacity;

(ii) when applicable, must provide the facilities and equipment necessary for training in defensive tactics;

(iii) when applicable, have or obtain access to a firing range which will have sufficient lighting to conduct safe night firing exercises;

(iv) provide such equipment and instructional devices necessary for any training;

(v) on-site inspection of any facility utilized by the academy or by any sponsoring agency may be conducted by the staff of the POST advisory council according to the above requirements and those contained in the POST inspection form for law enforcement training facilities. When the council staff does not conduct the inspection, the academy administrator shall file an inspection form with the council at the time of filing the reports required at the completion of the course. The course coordinator of the sponsoring agency will file the form with the academy administrator at the completion of regional courses sponsored by the agency.

(d) The Montana law enforcement academy shall operate continuously on a yearly schedule and be maintained by a full-time staff.

(e) It shall be the responsibility of the academy administrator to follow the required reporting procedures and monitor the standards for training, trainee attendance and performance as set by the board of crime control for any courses presented or sponsored by the law enforcement academy.

(f) Within 20 days after the completion of any training course presented or sponsored by the law enforcement academy, the academy administrator shall submit to the peace officers standards and training advisory council the final course grade score and firearms qualification score (if applicable) of each trainee attending the course.

(g) Attendance records shall be retained by the academy. Master copies of each examination given shall be retained by the academy for at least one year after the completion of the course.

(2) For the purposes of ARM 23.14.412, 23.14.413 and 23.14.419, the following definitions are used:

(a) Roll-call training is instruction or training of short duration, one hour or less, within any law enforcement agency, conducted when officers change shifts.

(b) Field training is instruction, training or skill practice rendered to an officer by another officer or officers on a tutorial basis during a tour of duty while performing the normal activities of that officer's employment.

(c) In-service training is training provided within a law enforcement agency that is utilized to review and develop skills and knowledge, and primarily unique to specific agency needs.

(3) These regulations do not apply to roll-call training, field training or in-service training.

(4) These regulations apply to training provided by the Montana law enforcement academy and to certified regional schools.

(5) Requirements for regional training courses presented or sponsored by the law enforcement academy are:

(a) Such courses must meet the requirements contained in subsection (1) above, the requirements for trainee attendance and performance and the instructor requirements;

(b) The courses will be based on the needs or requests of law enforcement agencies in the region or by a training needs assessment;

(c) The courses must be at least 2 hours or more in length; and

(d) Law enforcement agencies may request the law enforcement academy to present a regional training course. If the academy administrator decides the course meets the criteria and the academy can accommodate the request, the administrator will assign staff to establish the curriculum, schedule the course, assign the instructors, coordinate the training activities and administer the course.

(6) Certification requirements for regional courses presented or sponsored by law enforcement agencies are:

(a) Any law enforcement agency requesting certification of a regional training course that is not administered by the law enforcement academy must notify the law enforcement academy administrator not less than 35 days before the commencement of the course. There shall be no retroactive certification of any agency sponsored regional training programs;

(b) The course must be justified either by a training needs assessment survey conducted by the POST advisory council or the requesting agency must show a need for the course and can demonstrate that need;

(c) Each course must be advertised and open to all other law enforcement agencies in the area or region of the requesting agency;

(d) The course must meet the requirements of this rule, ARM 23.14.412, and:

(i) the requirements for training facilities of subsection (1) (c) above;

(ii) the course must be a minimum of at least 2 hours in length;

(iii) requirements for instructors of ARM 23.14.419;

(iv) the academy administrator may require that instructors submit lesson plans and course objectives to determine if the lesson plans meet the objectives of the course;

(v) the requirements for trainee attendance and performance of ARM 23.14.413.

(e) A qualified course coordinator will be assigned by the academy administrator to coordinate and administer the course;

(f) The course coordinator shall be responsible for monitoring the standards for training, trainee attendance and performance, instructor performance, and, within 10 days of completion of the course, submit to the academy administrator a completed student application on an appropriate POST form the final course grade, and firearms qualification score (when applicable) of each trainee attending the course;

(g) All costs and expenses associated with the course shall not be assessed to the law enforcement academy; and

(h) Attendance records shall be retained by the academy. Master copies of each examination given shall be retained by the academy for at least one year after the completion of the course.

(7) Requirements for course coordinator:

(a) Must have completed a course on monitoring, coordinating and administering certified training courses;

(b) Must have the respect for fairness, honesty, moral character and objectivity amongst his or her peers;

(c) Must be qualified and appointed by the law enforcement academy administrator with the consent of the POST advisory council; and

(d) Must have the endorsement of the law enforcement administrator of the coordinator's employing agency if serving in the capacity of a peace officer.

(8) Waivers may be authorized by the POST advisory council for good cause and unusual circumstances.