109:2-9-04 Approval of commanders.

 

 

 

A public hearing will be held by the Office of Attorney General Mike DeWine on Friday, June 9, 2016 at 9:00 a.m. in the large conference room at the Ohio Peace Officers Training Academy, located at 1650 State Route 56 S.W., London, Ohio 43140.

 

The purpose of the hearing is to solicit comment on the following proposed amended and new rule(s):

 

 

109:2-9-04 Approval of commanders.

 

Each school commander is required to have the approval of the executive director to conduct a school for which commission certification is sought. Such approval shall be based upon the submission of a notarized and typewritten statement of qualifications by the person seeking approval on a form prescribed by the executive director.

 

(A)  Minimum qualifications for approval as a commander shall be as follows:

(1)  High school graduate or possession of a "General Education Development" certificate;

(2)  Written approval from a sheriff or designee or a criminal justice agency administrator who is the executive head of a full-service jail;

(3)  Three professional references from criminal justice agency administrators;

(4)  No convictions for a felony or crime of moral turpitude, offense of violence, sexually oriented or child-victim oriented offense, or any other peace officer disqualifying offense;

(5)  Completion of an instructor training program approved by the executive director which shall include the following: instruction in the theories of learning and

adult education, teaching techniques, lesson plan development and usage, behavioral objectives, student evaluation and measurement, role playing, the use of audio-visual aids, and an exercise in practice teaching. Instructor training programs taught by the Ohio peace officer training academy, the  Ohio department of education, the Ohio state highway patrol, a college or educational institution, or other programs which in the opinion of the executive director are equivalent will be acceptable; and

(6)  Completion of an Ohio peace office training commission corrections school commander's conference.

 

(B)  Upon receipt and verification of a notarized application form, the executive director may issue a certificate to the commander. Unless the decision is of a ministerial nature, should the executive director refuse to issue a certificate, the executive director shall notify the applicant in writing and shall advise the applicant that he or she may request a hearing before the commission as provided in sections 119.06   and 119.07 of the Revised Code. The commission shall conduct the hearing as required by sections 119.01 to 119.13 of the Revised Code.

 

(C)  The executive director shall deny or revoke the certification of any commander for the following reasons:

(1)  Failure to meet the minimum qualifications for certification of a commander

 

 

 

 

 

listed in paragraph (A) of this rule

(2)  Unacceptable performance evaluations;

(3)  Conviction for a felony or crime of moral turpitude, offense of violence, sexually oriented or child-victim oriented offense, or any other peace officer disqualifying offense;

(4)  A written request showing cause from the incumbent sheriff of the county in which the commander was originally certified or from a criminal justice

agency administrator who is the executive head of a full-service jail facility;

(5)  Failure to conduct a commission-approved school within a five-year period;

(6)  Failure to attend two consecutive commander's conferences;

(7)  Falsifying information to obtain a commander's certificate;

(8)  Submission of falsified records, application, or other documentation;

(9)  Allowing a person not approved as a school commander to function as a school commander; or

(10)  Any other good cause shown.

(D)  The executive director may suspend the certification of any commander that is charged with any felony, crime of moral turpitude, offense of violence, sexually oriented or child-victim oriented offense, or any other peace officer disqualifying offence.

(E)  Should the executive director suspend or revoke a certificate, the executive director shall notify the commander in writing of the decision and shall advise the

commander that the commander may request a hearing before the commission as provided in sections 119.06 and 119.07 of the Revised Code. The commission shall conduct the hearing as required by sections 119.01 to 119.13 of the Revised Code.

Promulgated Under: 119.03 Statutory Authority: R.C. 109.74

Rule Amplifies: R.C. 109.73, R.C. 109.75

Prior Effective Dates: 10/01/1993, 06/01/2001

All interested parties are invited to attend the hearing and present oral and/or written testimony. Written comments may also be submitted prior to the hearing to the attention of Donna Long, Ohio Peace Officer Training Commission, P.O. Box 309, London, Ohio 43140 or  [e-mail] no later than Wednesday, June 1, 2016.

A copy of the proposed rules may be obtained from the Attorney General's website (OhioAttorneyGeneral.gov) or by calling 614-728-7275 or 800-282-0515. TTY users, please call Relay Ohio at 800-325-2223.