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23.14.801    DEFINITIONS

As used in ARM 23.14.801 through 23.14.810 the following definitions apply:

(1) "Certification" means any basic or advanced standards and training certification granted by the POST council after completion of the specific requirements as set forth in these rules.

(2) "Complainant" means:

(a) Any real or artificial person making a complaint against a public safety officer to the POST council; or

(b) The POST director acting on his knowledge, information or belief, which may be based on the action of a police commission or other local government unit.

(3) "Council" means the peace officer standards and training advisory council as created by these rules.

(4) "Director" means the executive director of the peace officer standards and training advisory council, as established by these rules.

(5) "Formal proceedings" means proceedings for suspension or revocation that the director determines cannot be settled at the preliminary stage of review and investigation, and must proceed pursuant to notice and hearing.

(6) "Presiding officer" means the chairman of the POST council or his designated representative, who shall regulate the course of hearings held by the council.

(7) "Public safety officer" means a peace officer, as defined in 7-32-303 , MCA, detention officer, detention center administrator, or public safety communication officer.

(8) "Respondent" means the public safety officer against whom a complaint has been made or his legal representative.

(9) "Revocation" means the permanent cancellation by the council of a public safety officer's certification.

(10) "Suspension" means the annulment, for a period of time set by the council, of a public safety officer's certification.

(11) "Uncertifiable officer" means a peace officer, as defined in 7-32-303 , MCA, detention officer, detention center administrator, or public safety communications officer, who:

(a) has completed the basic course or basic equivalency referred to in 7-32-303 (5) , MCA, but does not possess his or her basic certificate, as described in ARM 23.14.405;

(b) has been the object of a complaint filed pursuant to ARM Title 23, chapter 14, sub-chapter 8;

(c) has been afforded the process which is due under law; and

(d) has been found to be subject to suspension or revocation pursuant to ARM Title 23, chapter 14, sub-chapter 8.

History: Sec. 44-4-301 MCA; IMP, Sec. 44-4-301 MCA; NEW, 1994 MAR p. 1449, Eff. 5/27/94; AMD, 1997 MAR p. 1036, Eff. 6/24/97.

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