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23.14.802    GROUNDS FOR SUSPENSION OR REVOCATION OF MONTANA PEACE OFFICERS' STANDARDS AND TRAINING CERTIFICATION

(1) The Montana board of crime control, peace officer standards and training advisory council, shall consider and rule on any complaint made against a public safety officer that may result in the revocation or suspension of that officer's certification.

(2) The grounds for suspension or revocation of the certification of public safety officers are as follows:

(a) Willful falsification of material information in conjunction with official duties;

(b) A physical or mental condition that substantially limits the person's ability to perform the essential duties of a public safety officer, or poses a direct threat to the health and safety of the public or fellow officers, and that cannot be eliminated by reasonable accommodation;

(c) Addiction to or the unlawful use of controlled substances or other drugs;

(d) Unauthorized use of or being under the influence of alcoholic beverages while on duty, or the use of alcoholic beverages in a manner which tends to discredit the law enforcement profession;

(e) The commission of a felony, an offense which would be a felony if committed in this state, or an offense involving dishonesty, unlawful sexual conduct or physical violence;

(f) Neglect of duty or willful violation of orders or regulations;

(g) Conduct unbecoming an officer;

(h) Willful violation of the law enforcement code of ethics set forth in these rules;

(i) Other conduct or a pattern of conduct which tends to significantly undermine public confidence in the law enforcement profession;

(j) Failure to meet the minimum standards for employment set forth in these rules; or

(k) Failure to meet the minimum training requirements provided in these rules.

(3) Conviction of any felony will be cause for an automatic referral to the peace officers standards and training council for revocation of an officer's certification.

History: Sec. 44-4-301 MCA; IMP, Sec. 44-4-301 MCA; NEW, 1994 MAR p. 1449, Eff. 5/27/94; AMD, 1995 MAR p. 2811, Eff. 12/22/95; AMD, 2001 MAR p. 673, Eff. 4/27/01.

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