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23.13.701    DEFINITIONS

As used in this subchapter, the following definitions apply:

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

(2) "Complainant" means:

(a) any person or entity making a complaint against a public safety officer to the council; or

(b) the POST executive director acting upon any credible knowledge, information, or belief.

(3) "Council" means the public safety officer standards and training council as created by 2-15-2029, MCA.

(4) "Director" means the executive director of the public safety officer standards and training 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, investigation, and/or informal proceeding stage, and must proceed pursuant to notice and hearing.

(6) "Governmental unit" means any governmental entity which is statutorily empowered with administration, supervision, or oversight over a public safety agency or officer.

(7) "Informal proceedings" means proceedings that do not require notice and hearing, and may include but not be limited to sanctions, stipulations, and/or memorandums of understanding.

(8) "Presiding officer" means the chair of the council or their designated representative, who shall regulate the course of hearings held by the council.

(9) "Public safety officer" means an officer, as defined in 44-4-401, MCA.

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

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

(12) "Sanction" means a consequence or punishment for a violation of ARM 23.13.702, or the accepted norms of being a public safety officer.

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

(14) "Uncertifiable officer" means a public safety officer who:

(a) is employed as a public safety officer, but does not possess the basic certificate, as described in ARM 23.13.206;

(b) has been the object of a complaint filed pursuant to ARM 23.13.703;

(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 23.13.702.

History: 2-15-2029, MCA; IMP, 2-15-2029, MCA; NEW, 2008 MAR p. 1587, Eff. 8/1/08.

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