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23.14.404    GENERAL REQUIREMENTS FOR CERTIFICATION

(1) Each peace officer shall attest that he subscribes to the law enforcement code of ethics.

(2) To be eligible for the award of a certificate, each peace officer must be a full-time or part-time, paid and sworn peace officer employed by a law enforcement agency as defined by the board of crime control at the time the application for certification is received by the board.

(3) Full-time, paid and sworn peace officers known as special agents, investigators, inspectors, marshals and deputy marshals, patrol officers, deportation and detention officers, and special officers of the following designated federal agencies may apply for the award of a certificate if the applicant has met the requirements for such certification established by these rules.   The designated federal agencies are:

(a) the federal bureau of investigation;

(b) the United States secret service;

(c) the United States immigration and naturalization service;

(d) the United States customs service;

(e) the United States marshal's service;

(f) the federal drug enforcement administration;

(g) the United States postal service;

(h) the federal bureau of alcohol, tobacco and firearms;

(i) the federal internal revenue service;

(j) the federal bureau of Indian affairs;

(k) the federal bureau of land management;

(l) the United States forest service;

(m) the United States national park service;

(n) the United States border patrol;

(o) the federal general services administration;

(p) the United States fish and wildlife service;

(q) the United States department of agriculture; and

(r) the United States air force office of special investigations.

(4) Each peace officer shall have completed the designated combinations of education, training and experience as computed by the point system established by the POST advisory council.

(5) Secondary educational hours are as follows:

(a) one college semester unit shall equal six secondary educational hours.

(b) one college quarter unit shall equal four secondary educational hours.

(c) when more than 15 secondary educational hours are claimed and no degree has been earned, the total number of secondary educational hours claimed as POST training points toward any level of POST certification shall not exceed two-thirds of the total number of such training points that are required.

(d) secondary educational hours claimed must have been earned on credits awarded in a course from a college or university that is accredited by its state department of education, its state university system, the recognized nationalized accrediting body, or that is approved by the POST advisory council.   Such credits must have been earned in a course of study leading to a degree as described in the college catalog where the credits were earned.

(e) copies of official college transcripts or other verifying documents must be furnished for credits claimed.

(6) Training points are as follows:

(a) ten classroom hours of law enforcement training certified or approved by the POST advisory council shall equal one point.

(b) no training points may be claimed for the basic course or legal equivalency course.

(c) the acceptability of training points claimed for training received out-of-state shall be determined by the POST advisory council.

(7) Law enforcement experience in any law enforcement agency in this state meeting the minimum standards of the board of crime control is acceptable.

(a) Acceptability of the required experience shall be determined by the POST advisory council in case of any employing agency which does not meet the minimum standards established by the board of crime control.

(b) The acceptability of the required experience shall be determined by the POST advisory council in the case of peace officers with out-of-state law enforcement experience.

History: Sec. 44-4-301, MCA; IMP, Sec. 44-4-301, 44-11-301 through 44-11-305, MCA; NEW, Eff. 12/5/73; AMD, 1989 MAR p. 2065, Eff. 12/8/89; AMD, 1992 MAR p. 802, Eff. 4/17/92; AMD, 1994 MAR p. 1449, Eff. 5/27/94; AMD, 2002 MAR p. 3045, Eff. 8/30/02.

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