Title 12 — Subtitle 04. Police Training and Standards Commission
Chapter 01. General Regulations
Regulation .01 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Academy” means a college, school, training unit, or training facility approved or certified by the Commission under this chapter to conduct police officer entrance-level training programs.
(2)
“Application for certification (AFC)” means a form approved by the Commission that is an official record verifying that an applicant has met the applicable Commission selection standards for a position as a police officer.
(3)
Agency Head.
(a)
“Agency head” means:
(i)
A police chief, sheriff, administrator, department head, an individual in an equivalent position, or designee; or
(ii)
An individual appointed, employed, or elected to manage, administer, or supervise a law enforcement agency, or a designee.
(b)
“Agency head” includes a director of an academy, personnel unit, or training unit, or designee authorized to act in employment or training matters.
(4)
“Cannabimimetic agent” has the meaning stated in Criminal Law Article, §5-101, Annotated Code of Maryland.
(5)
“Certification” means the legal authority under Public Safety Article, §3-209, Annotated Code of Maryland, conferred by the Commission, authorizing an individual to exercise law enforcement powers and enforce the criminal laws of Maryland.
(6)
Commission.
(a)
“Commission” means the Police Training and Standards Commission or a representative authorized to act on behalf of the Commission.
(b)
“Commission” includes all references to Police Training Commission, now known as the Police Training and Standards Commission.
(7)
Controlled Dangerous Substance.
(a)
“Controlled dangerous substance”, unless specified otherwise, has the meaning stated in Criminal Law Article, §5-101, Annotated Code of Maryland.
(b)
“Controlled dangerous substance”, unless specified otherwise, includes substances identified under Criminal Law Article, §5-708, Annotated Code of Maryland.
(c)
“Controlled dangerous substance” does not include medication supported by prescription if used, received, or distributed without criminal intent and for legitimate medical purposes.
(8)
“Deputy Director” means the Deputy Director of the Police and Correctional Training Commissions, or a designee.
(9)
“Executive Director” means the Executive Director of the Police and Correctional Training Commissions, or a designee.
(10)
“First-line administrator” means a police officer promoted to a position that is designated by the law enforcement agency as exercising first-line administrative powers as defined under Public Safety Article, §3-215, Annotated Code of Maryland, for police administrator.
(11)
“First-line supervisor” means a police officer promoted to a position that is designated by the law enforcement agency as exercising first-line supervisory powers as defined under Public Safety Article, §3-215, Annotated Code of Maryland, for police supervisor.
(12)
Law Enforcement Agency.
(a)
“Law enforcement agency” has the meaning stated under Public Safety Article, §3-201, Annotated Code of Maryland.
(b)
“Law enforcement agency” includes a training or personnel unit authorized to act in training or employment matters.
(13)
Marijuana.
(a)
“Marijuana” has the meaning stated in Criminal Law Article, §5-101, Annotated Code of Maryland.
(b)
“Marijuana” does not include:
(i)
Synthetic cannabinoids; or
(ii)
Cannabimimetic agents.
(14)
Mental Health Professional.
(a)
“Mental health professional” means an individual who is certified by the appropriate health occupations board, as provided by the Health Occupations Article, §1-102, Annotated Code of Maryland, and licensed to practice:
(i)
Medicine;
(ii)
Psychology;
(iii)
Clinical social work; or
(iv)
Clinical professional counseling.
(b)
“Mental health professional”, unless specifically stated otherwise in this chapter, includes an individual referred to as a:
(i)
Psychiatrist licensed to practice medicine as defined in Health Occupations Article, §14-101, Annotated Code of Maryland;
(ii)
Psychologist licensed to practice psychology as defined in Health Occupations Article, §18-101, Annotated Code of Maryland;
(iii)
Licensed certified social worker-clinical authorized to practice clinical social work as defined in Health Occupations Article, §19-101, Annotated Code of Maryland; or
(iv)
Certified professional counselor licensed to practice clinical professional counseling as defined in Health Occupations Article, §17-101, Annotated Code of Maryland.
(15)
“Motorcycle” has the meaning stated in Transportation Article, §11-136, Annotated Code of Maryland, and is designated as an emergency vehicle in accordance with Transportation Article, §11-118(1), Annotated Code of Maryland.
(16)
“Narcotic drug” has the meaning stated in Criminal Law Article, §5-101, Annotated Code of Maryland.
(17)
Nonofficer Status.
(a)
“Nonofficer status” means a situation in which a police officer, who continues to be employed by a law enforcement agency, is temporarily relieved of law enforcement powers by the law enforcement agency:
(i)
For medical or administrative reasons that prevent the officer from completing Commission-required training; or
(ii)
For the purpose of suspending Commission-required training.
(b)
“Nonofficer status” does not affect the officer's certification or eligibility for certification or recertification.
(18)
“Police officer” has the meaning stated in Public Safety Article, §3-201, Annotated Code of Maryland.
(19)
Probationary Period.
(a)
“Probationary period” has the meaning stated in Public Safety Article, §3-215, Annotated Code of Maryland, for probationary appointment.
(b)
"Probationary period' does not relate to or restrict a probationary period that may be imposed by the hiring agency.
(20)
“Provisional certification” means the probationary appointment of an individual as a police officer under Public Safety Article, §3-215, Annotated Code of Maryland.
(21)
“Psychological evaluation” means:
(a)
The administration of an assessment instrument with documented reliability, validity, and other empirical evidence intended to measure, at a minimum, an individual’s integrity, ethics, and interpersonal communication skills; and
(b)
An in-person interview performed by a mental health professional as defined in this regulation.
(22)
“Supplemental information” means information in the possession of a law enforcement agency, or that becomes known to the Commission, concerning an individual who is a police officer or an applicant for certification as a police officer that indicates the individual:
(a)
May not have the ability to perform the duties of a police officer;
(b)
May not meet a qualification for the police officer selection standards under this chapter;
(c)
Has exhibited behavior reflecting a lack of honesty or integrity; or
(d)
Has separated from employment:
(i)
Involuntarily; or
(ii)
Prior to issues being resolved that are related to the individual’s eligibility to continue the employment.
(23)
“Synthetic cannabinoid” means a human-made psychoactive substance or cannabimimetic agent that is a liquid that can be vaporized or inhaled, applied to a dry material such as shredded plant material or paper so that it can be smoked, or consumed with or without food or drink.
(24)
“Temporary certification” means a time-limited provisional certification authorized by the Commission for a previously certified applicant for recertification when that applicant:
(a)
Is employed by another law enforcement agency within 90 days of separation in good standing from the previous law enforcement agency; and
(b)
Meets applicable Commission standards.
(25)
“Truth verification device” means electronic equipment or technology designed and validated to test the veracity of an individual's statements or answers to questions by analyzing the physical reaction of the individual providing the statement or answering questions.
Regulation .02 General Requirements and Processing and Recording Employment Status.LinkCopy Citation
A.
Completion of Application for Certification (AFC).
(1)
An agency head shall complete an AFC for a police officer hired by a law enforcement agency in the State when applying for provisional certification or certification.
(2)
An agency head is responsible for:
(a)
Accurately completing the AFC; and
(b)
Submitting the AFC to the Commission.
(3)
An agency head shall:
(a)
Sign the AFC, certifying that the Commission's selection standards have been met; and
(b)
Include the:
(i)
Date the applicant completed the certification requirements; and
(ii)
Agency head's telephone number.
(4)
False or misrepresented information on the AFC is a basis for rejection or revocation of certification by the Commission and may be the basis for separate administrative or legal action.
B.
Filing the AFC.
(1)
An agency head shall submit the AFC to the Commission if the agency head has, within 1 year before submitting the AFC:
(a)
Completed or verified for the applicant each of the selection standards as required under Regulation .04 or .08 of this chapter; and
(b)
Determined that the applicant meets each of the selection standards under Regulation .04 or .08 of this chapter.
(2)
The Commission shall issue a provisional certification or certify the applicant as a police officer after receipt of the properly completed AFC indicating the completion of applicable Commission selection standards under Regulation .04 or .08 of this chapter.
(3)
An applicant for certification as a police officer may not legally exercise the authority of a police officer until the applicant is issued a provisional certification or certification by the Commission.
C.
Notification of Change of Employment or Certification Status.
(1)
An agency head shall notify the Commission in writing whenever a police officer:
(a)
Is separated from employment as a police officer, by death, retirement, dismissal, reclassification to a civilian position, or resignation;
(b)
Becomes ineligible under federal or Maryland law to possess or use a handgun;
(c)
Changes the police officer's legal name;
(d)
Is promoted to first-line supervisor;
(e)
Is promoted to first-line administrator; or
(f)
Is placed on nonofficer status for more than 30 days when that status prevents the officer from meeting the Commission's training standards.
(2)
An agency head shall report changes in a police officer's status under this section within 30 days of the change in a format or on a form approved by the Commission.
(3)
An agency head shall include in the notification under §C(2) of this regulation:
(a)
The certified police officer's name and Commission-assigned identification number;
(b)
The date of the action;
(c)
A statement indicating the change in status; and
(d)
In the case of separation as a police officer, information indicating whether, at the time of the separation or placement on nonofficer status, the police officer was under:
(i)
Criminal or administrative investigation;
(ii)
Indictment;
(iii)
Formal charges;
(iv)
Suspension; or
(v)
Other similar action.
(4)
Criminal Charges.
(a)
An agency head shall notify the Commission when a police officer is:
(i)
Convicted of a felony;
(ii)
Convicted of a misdemeanor punishable by imprisonment for 1 year or more; or
(iii)
Separated from employment while criminal charges filed against the police officer were pending and any pending charge was a felony, or misdemeanor punishable by imprisonment for 1 year or more.
(b)
An agency head shall include in the notification under §C(4)(a) of this regulation information concerning the conviction or allegations being reported.
(c)
An agency head shall submit the notification under §C(4)(a) of this regulation to the Commission, on a form or in a format approved by the Commission, within 10 days of:
(i)
The date the conviction for the criminal charges became known to the agency head; or
(ii)
Separation from employment as a police officer.
(5)
An agency head shall make the notification under §C(4)(a) of this regulation regardless of the outcome of administrative plea negotiation.
(6)
Audit and Records.
(a)
The Commission has the legal authority to audit records of selection standards and training provided according to this chapter.
(b)
A law enforcement agency or academy shall retain records of an individual's training for a minimum of 3 years from the date the individual completed the training.
Regulation .03 Provisional Certification.LinkCopy Citation
A.
The Commission may grant an applicant a provisional certification after the applicant meets applicable selection standards under Regulation .04 of this chapter.
B.
An applicant for certification as a police officer may not:
(1)
Exercise the authority of a police officer to enforce the criminal laws of Maryland unless the Commission has issued the individual a provisional certification or certification; and
(2)
Carry or use a firearm unless the individual has successfully completed firearms training and qualification requirements under Regulation .09H of this chapter and COMAR 12.04.02.
C.
An individual who is granted a provisional certification may not exercise the authority of a police officer beyond the period that the provisional certification is valid, unless the individual is granted certification as a police officer.
D.
Provisional certification is valid until:
(1)
365 cumulative days have elapsed from the initial date of provisional certification;
(2)
It is determined that applicable selection standards have not been met;
(3)
The officer is certified as a police officer;
(4)
The police officer's employment is terminated; or
(5)
The Commission recalls the provisional certification under Public Safety Article, §3-213, Annotated Code of Maryland.
E.
A provisional certification under this regulation may be issued to an individual who was formerly certified as a police officer who:
(1)
Has not been employed as a police officer with a law enforcement agency for over 3 years; and
(2)
Meets the applicable selection standards under Regulation .04 of this chapter.
F.
Probationary Period.
(1)
After an individual has met selection standards under Regulation .04 of this chapter and received a provisional certification, the Commission shall grant a probationary period of up to 365 days to the police officer to perform law enforcement duties while awaiting the opportunity to obtain the required training under this chapter.
(2)
The probationary period begins on the day that a police officer receives provisional certification from the Commission.
(3)
The 365-day period is cumulative and may not be increased by multiple employments at different law enforcement agencies or periodic employment with the same law enforcement agency.
(4)
If a police officer transfers as a new employee from one law enforcement agency to another before successfully completing the required entrance-level training, the probationary period continues from the date of the first provisional appointment, minus any time not employed as a police officer for a law enforcement agency.
Regulation .04 Selection Standards for Provisional Certification.LinkCopy Citation
A.
Age. An applicant for the position of police officer:
(1)
Shall be 21 years old or older to be eligible for provisional certification; and
(2)
May attend an academy while younger than 21 years old but may not perform law enforcement duties until the applicant is 21 years old and provisionally certified.
B.
Citizenship. An applicant for the position of police officer shall:
(1)
Be either:
(a)
A United States citizen; or
(b)
A permanent legal resident of the United States who:
(i)
Is an honorably discharged veteran of the United States Armed Forces; and
(ii)
Has submitted an application for United States citizenship that is pending approval; and
(2)
Submit documents to the hiring law enforcement agency that support a claim of:
(a)
Citizenship; or
(b)
Permanent legal residency and proof of a pending application for United States citizenship.
C.
Education.
(1)
An applicant for the position of police officer shall possess a:
(a)
High school diploma issued by a high school or recognized by the State Board of Education; or
(b)
General Education Development (GED) certificate or diploma:
(i)
Issued by Maryland or another state, or
(ii)
Recognized by the State Board of Education.
(2)
The law enforcement agency may accept a college degree in place of the requirements under §C(1) of this regulation.
(3)
In the absence of a copy of a diploma, an agency head may accept a certified transcript indicating that an applicant successfully completed the requirements for graduation from a high school or college.
(4)
An agency head shall maintain a copy of the appropriate diploma or other acceptable documentation.
(5)
If a GED test was taken outside Maryland or while in the military service, and no certificate or diploma has been issued by a state:
(a)
An applicant shall submit a copy of the GED test scores to the agency head; and
(b)
The test results may be accepted by the Commission if they are consistent with the requirements established by the State Board of Education.
(6)
The agency head hiring the applicant shall indicate the appropriate information documenting the applicant's completion of the education requirements on the AFC.
D.
An individual may not be a police officer applicant, or maintain police officer certification, unless the individual is eligible under federal and Maryland law to possess and use a handgun.
E.
Background Investigations and Criminal History.
(1)
An agency head shall perform a background investigation and criminal history investigation, including a fingerprint check, according to the requirements under Regulation .05 of this chapter.
(2)
As part of the background investigation, an agency head shall investigate an applicant's prior use of controlled dangerous substances, narcotic drugs, and marijuana as specified under Regulation .16 of this chapter.
F.
Physical and Mental Health Examinations.
(1)
Before an applicant may be selected for a position as a police officer, the applicant shall be examined by and receive a recommendation from a licensed, trained, and qualified medical doctor indicating that the applicant is physically able to:
(a)
Perform the duties of a police officer as determined by the employing law enforcement agency; and
(b)
Participate in the entrance-level training program.
(2)
Before an applicant may be selected for a position as a police officer, a mental health professional shall conduct a psychological evaluation of the applicant and offer a positive recommendation indicating that the applicant is:
(a)
Emotionally and mentally fit; and
(b)
Able to perform the duties of a police officer as these duties are determined by the law enforcement agency.
(3)
Certification of Results.
(a)
An agency head shall include, on the AFC, the following information concerning the licensed, trained, and qualified medical doctor and mental health care professional examining the applicant:
(i)
Name;
(ii)
Address; and
(iii)
Date of the examination.
(b)
The agency head hiring the applicant shall maintain documentation concerning the examinations required under this section supporting that the applicant is physically and mentally and emotionally fit for the duties of a police officer.
G.
Oral Interview.
(1)
An agency head shall:
(a)
Require an oral interview to assess the applicant's ability to communicate; and
(b)
Record the date of the interview and the name of the interviewer on the AFC.
(2)
An agency head shall maintain a record of the interview.
H.
Drug Screening.
(1)
An applicant shall receive a drug screening to test for controlled dangerous substances, narcotic drugs, and marijuana as specified in Regulation .15 of this chapter.
(2)
The hiring agency head shall maintain a record of the drug screening results and record the results on the AFC.
(3)
If the test results exceed the levels under Regulation .15 of this chapter, the Commission may not certify the applicant unless the positive screen for a controlled dangerous substance, narcotic drugs, or marijuana was determined to be the result of a legitimate ingestion or exposure as established under Regulation .16 of this chapter.
I.
Driver's License and Driving Record.
(1)
The applicant shall possess a valid driver's license.
(2)
The agency head hiring the applicant shall:
(a)
Perform a check of the applicant's driving record and maintain a copy of the results; and
(b)
Record on the AFC the applicant's driver's license number, the state of issue, and an indication that the driving record has been reviewed.
J.
This regulation does not prohibit an agency head from establishing more restrictive standards than those of the Commission for selection of an applicant for the position of police officer.
K.
An agency head may submit a request for a waiver of standards under this regulation according to the requirements under Regulation .14 of this chapter.
Regulation .05 Background Investigation and Criminal History.LinkCopy Citation
A.
Background Investigation.
(1)
An agency head or authorized agency under §A(7) of this regulation shall perform a comprehensive background investigation to determine if an applicant:
(a)
Is of good moral character and reputation;
(b)
Is emotionally stable; and
(c)
Displays the behavior necessary to perform the duties of a police officer.
(2)
An agency head shall ensure that a background investigation includes:
(a)
A check of military records, when applicable, including obtaining a complete copy of the discharge document;
(b)
A report from a credit agency regarding the applicant's current and past credit history;
(c)
An examination of school records or interviews with school officials if the applicant attended school within the last 5 years;
(d)
Interviews of:
(i)
Personal references furnished by the applicant;
(ii)
Neighbors of the applicant within the past 5 years;
(iii)
Current and past employers within the last 5 years;
(iv)
Coworkers within the last 5 years; and
(e)
An investigation of the prior use of controlled dangerous substances, narcotic drugs, and marijuana by the applicant as specified under Regulation .16 of this chapter.
(3)
An agency head shall use the background investigation to determine whether information concerning the applicant's citizenship, mental and emotional fitness, and other information is valid and the applicant is otherwise capable of performing law enforcement duties.
(4)
Interviews may be conducted:
(a)
In person;
(b)
By telephone;
(c)
By using an agency form and questionnaire that the interviewer or individual interviewed is required to complete; or
(d)
By using other lawful methods designed to elicit useful information from an individual concerning the applicant.
(5)
Personal Interview.
(a)
A personal interview conducted as part of a background investigation is considered appropriate when an interviewee is available within 50 miles of the law enforcement agency.
(b)
Personal references and others residing outside the State may be contacted by correspondence or telephone.
(6)
Out-of-State Applicants.
(a)
When the applicant has resided or been employed out-of-State, the background investigation may be performed by an appropriate law enforcement agency or a legitimate private background investigation agency in that area where the applicant lived or worked outside the State.
(b)
If an applicant has been employed as a police officer for the federal government or in another state, the agency head shall:
(i)
Report the law enforcement agency's name and jurisdiction on the AFC; and
(ii)
Forward with the AFC any supplemental information obtained from the previous out-of-State law enforcement agency or any other source.
(7)
Investigations by Other Agencies.
(a)
The hiring law enforcement agency may conduct the background investigation or may authorize another individual, office, or agency to conduct the background investigation.
(b)
The Maryland State Police or a local law enforcement agency may assist the hiring law enforcement agency in the background investigation.
(8)
If an applicant has received a special police commission, background information used during the investigation for the special police commission may be applied when the information meets the requirements of this regulation.
(9)
An agency head hiring an applicant shall:
(a)
Maintain a record of the background investigation; and
(b)
Record the results on the AFC.
(10)
Supplemental Information.
(a)
If Supplemental information is developed, the agency head shall submit details with the AFC to the Commission.
(b)
The Commission may refuse to certify the applicant based upon written verified supplemental information.
B.
Criminal Record Checks and Fingerprints.
(1)
An agency head submitting an AFC for an applicant to be certified as a police officer shall require that the applicant:
(a)
Be fingerprinted; and
(b)
Apply to the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services for a State and national criminal history records check.
(2)
An applicant applying for a criminal history records check under this section shall request that the results of the criminal history records check be provided to the:
(a)
Applicant;
(b)
Commission; and
(c)
Agency submitting the AFC for the applicant.
(3)
Record of Criminal Conviction. If the results of the criminal history records check reveal that an applicant has been convicted or otherwise found guilty of a felony, or a misdemeanor for which a sentence of imprisonment for 1 year or more could have been imposed, the Commission shall include available information concerning the conviction with Commission records related to the applicant’s AFC.
(4)
The Commission shall notify the applicant that the applicant may contest the contents of the criminal history records check in accordance with Criminal Procedure Article, Title 10, Annotated Code of Maryland.
(5)
The Commission may refuse to certify an applicant based on supplemental information resulting from the criminal history records check or other verified reliable source.
Regulation .06 Police Officer Certification.LinkCopy Citation
A.
Certification Requirements.
(1)
The Commission shall certify an individual as a police officer who:
(a)
Meets all selection standards under Regulation .04 of this chapter;
(b)
Completes the applicable training under Regulation .09 of this chapter; and
(c)
Completes a field training program under Regulation .17 of this chapter.
(2)
Recertification. The Commission shall recertify an individual formerly certified as a police officer in Maryland who meets:
(a)
Applicable training standards under Regulation .07 of this chapter; and
(b)
Selection standards under Regulation .08 of this chapter.
(3)
A certified police officer who fails to obtain United States citizenship as set forth in Regulation .04 of this chapter within 3 years shall be reviewed by the Commission.
B.
Certification Period. The Commission shall certify an individual who meets the Commission's selection and training standards as a police officer for an initial period based on a schedule determined by the Commission.
C.
Renewal of Certification.
(1)
The Commission shall automatically renew a police officer's certification, without application, on or before the expiration of the certification, if the police officer:
(a)
Remains employed with the same law enforcement agency;
(b)
Continues to meet the Commission's selection and training standards for a police officer; and
(c)
Has not had the certification suspended, revoked, or recalled by the Commission.
(2)
Once the initial period of certification is established, subsequent renewal of a police officer's certification shall be based on a schedule determined by the Commission.
(3)
If a police officer's certification is to expire because the police officer did not meet Commission training standards, at least 30 days before the certification expires, the Commission shall notify the police officer's agency head of the pending expiration.
(4)
An agency head receiving notification under §C(3) of this regulation is responsible for notifying the police officer within a reasonable amount of time of the pending expiration.
(5)
If a police officer's certification expires, is revoked, or is terminated, the police officer's agency head shall ensure that the individual does not perform the law enforcement duties of a police officer.
D.
Certification Card.
(1)
The Commission shall issue a certification card:
(a)
To a police officer who has met all Commission certification requirements under this chapter; and
(b)
That contains information in a form determined by the Commission.
(2)
Issuing a certification card to a police officer indicates the police officer's authority to enforce the criminal laws of Maryland.
(3)
Replacement of and costs for replacing a previously issued, current certification card is the responsibility of the law enforcement agency.
(4)
Unless determined to be inappropriate by the agency head due to operational assignment, such as covert operations, a police officer shall carry the certification card at all times while the police officer is on duty status.
(5)
A certification card issued by the Commission expires at midnight on the date printed on the card or upon termination of employment as a police officer.
E.
Request for Training Information.
(1)
Before a police officer's certification expires, the Commission shall require the police officer's agency head to verify the police officer's training.
(2)
An agency head shall provide the Commission with the training records requested under §E(1) of this regulation before the Commission issues a new certification card for the police officer.
F.
Return of Certification Card.
(1)
An agency head shall return a certification card issued under this chapter to the Commission within 30 working days of the date when a:
(a)
Police officer separates from employment; or
(b)
Police officer's certification is suspended, revoked, or recalled by the Commission under this chapter or Public Safety Article, §§3-212—3-213, Annotated Code of Maryland.
(2)
An agency head shall retain the certification card of a police officer on nonofficer status until the police officer returns to active duty or is separated from employment.
G.
Multiple Certification.
(1)
An individual may be employed as a police officer by more than one law enforcement agency at the same time.
(2)
For each law enforcement agency at which an individual is employed as a police officer, the individual shall:
(a)
Meet applicable Commission-required selection and training standards for certification;
(b)
Be certified at each law enforcement agency; and
(c)
Be issued a certification card by the Commission for each law enforcement agency.
(3)
An agency head hiring a currently certified police officer:
(a)
May use some of the results of the background investigation performed by the initial employing law enforcement agency; and
(b)
Shall perform new local, State, and national fingerprint checks and a new drug screening.
(4)
A police officer working as a police officer at multiple law enforcement agencies:
(a)
Shall meet applicable Commission training standards as if employed at one law enforcement agency; and
(b)
May meet Commission training requirements through training provided by one or more employing law enforcement agencies.
(5)
The police officer shall meet the Commission's firearms qualification and training requirements for the firearm authorized by each law enforcement agency employing the police officer.
(6)
The Commission shall notify each agency head employing the same police officer when the Commission issues multiple certifications for a police officer.
H.
Waivers. An individual may be eligible for a waiver of certain entrance-level training requirements under Regulation .14E of this chapter if the individual:
(1)
Was employed within the last 5 years as a police officer in another state or for the federal government and completed a basic police officer entrance-level training program; or
(2)
Completed a basic police officer entrance-level training program within the last 2 years.
I.
Temporary Certification.
(1)
The Commission shall issue a temporary certification to an individual:
(a)
Previously certified as a police officer in Maryland;
(b)
Hired as a police officer by another law enforcement agency within 90 days of separation from employment with a law enforcement agency;
(c)
Separated from employment with the previous law enforcement agency; and
(d)
Who meets applicable:
(i)
Selection standards under Regulation .08 of this chapter, except for completion of a national or State fingerprint check; and
(ii)
Training standards under Regulation .07B(3) of this chapter.
(2)
A temporary certification shall expire upon:
(a)
Certification as a police officer by the Commission;
(b)
Separation of employment as a police officer;
(c)
Discovery of a criminal conviction through the local, national, or State fingerprint check that disqualifies the police officer from certification; or
(d)
Passage of 90 days after the appointment date of the individual as a police officer at the law enforcement agency.
(3)
If the Commission determines that the local, national, or State fingerprint check results have not been received by the law enforcement agency through no fault of the law enforcement agency, the Commission may issue a second temporary certification for an additional 90 days at the same law enforcement agency.
Regulation .07 Police Officer Recertification.LinkCopy Citation
A.
The Commission may recertify an applicant for recertification as a police officer if the applicant was previously certified as a police officer when:
(1)
Hired by a second or successive law enforcement agency;
(2)
The Commission receives a completed AFC; and
(3)
The applicant meets applicable Commission-required:
(a)
Selection standards under Regulation .08 of this chapter;
(b)
Training standards under §§B, C, D, or E of this regulation; and
(c)
Field training standards under Regulation .17 of this chapter.
B.
Police Officer Recertification — 3 Years or Less Since the Applicant Was Last Certified as a Police Officer.
(1)
The Commission may recertify an applicant previously certified as a police officer in Maryland if:
(a)
It has been 3 years or less since the applicant was certified as a police officer:
(i)
By the Commission; or
(ii)
With a law enforcement agency in another state or the federal government; and
(b)
The applicant meets the:
(i)
Selection standards under Regulation .08 of this chapter;
(ii)
In-service training requirements under §B(3) of this regulation; and
(iii)
If the applicant was last certified as a police officer with a law enforcement agency in another state or the federal government, training requirements under Regulation .14E(7) of this chapter.
(2)
Temporary Certification. The Commission may grant temporary certification to an individual previously certified as a police officer if the individual meets all the requirements under Regulation .06I of this chapter.
(3)
In-service Training Requirements Before Police Officer Recertification.
(a)
If an applicant under this section has met in-service training requirements for the previous or current calendar year, additional in-service training is not required for recertification under this section.
(b)
If an applicant under this section has not met in-service training requirements for the previous or current calendar year, the applicant shall successfully complete in-service training required under Regulation .12 of this chapter before recertification.
(4)
Firearms Training—Requirements Before Police Officer Recertification.
(a)
An applicant for recertification under this section who has qualified with an authorized firearm at the hiring law enforcement agency in the last 3 calendar years shall complete Commission-approved annual firearms training and qualification before recertification as a police officer at the hiring law enforcement agency.
(b)
If an applicant for recertification under this section has not qualified with an authorized firearm for 3 or more consecutive calendar years immediately preceding application for recertification at the hiring law enforcement agency, before being authorized to carry or use a firearm the applicant shall complete Commission-approved:
(i)
Entrance-level firearms training and firearms qualification under COMAR 12.04.02.06; or
(ii)
Firearms refresher training and firearms qualification under §B(4)(c) of this regulation.
(c)
Firearms Refresher Training. Firearms refresher training shall:
(i)
Be specific to the firearms the applicant is required to use or carry;
(ii)
Be a minimum of 16 hours;
(iii)
Provide a minimum of 2 hours of classroom review of the topics required under COMAR 12.04.02.06 or .09 that may be counted toward the current year's annual in-service requirement;
(iv)
Require the applicant to obtain a minimum score of 70 percent on a written examination of the material covered in the firearms refresher training; and
(v)
Require the applicant to meet firearm qualification standards on the appropriate day-fire and reduced light firearms qualification courses for each type of firearm established under COMAR 12.04.02.
C.
Police Officer Recertification — After More Than 3 Years and Not More Than 5 Years Since the Applicant Was Last Certified as a Police Officer.
(1)
The Commission may recertify an applicant previously certified as a police officer in Maryland if:
(a)
It has been more than 3 years and not more than 5 years, since the applicant was certified as a police officer:
(i)
By the Commission; or
(ii)
With a law enforcement agency in another state or the federal government; and
(b)
The applicant meets:
(i)
Applicable selection standards under Regulation .08 of this chapter;
(ii)
Training required under Regulation .14E(7) of this chapter; and
(iii)
Annual in-service training under Regulation .12 of this chapter.
(2)
The Commission may grant provisional certification under Regulation .03 of this chapter after the applicant has met selection standards under Regulation .08 of this chapter.
D.
Police Officer Recertification — After More Than 5 Years Since the Applicant Was Last Certified as a Police Officer.
(1)
The Commission may recertify an applicant previously certified as a police officer in Maryland if:
(a)
It has been more than 5 years since the applicant was certified as a police officer:
(i)
By the Commission; or
(ii)
With a law enforcement agency in another state or the federal government; and
(b)
The applicant:
(i)
Meets selection standards under Regulation .04 of this chapter; and
(ii)
Successfully completes entrance-level training requirements under Regulation .09 of this chapter.
(2)
The Commission may grant provisional certification under Regulation .03 of this chapter to an individual after meeting selection standards under Regulation .04 of this chapter.
(3)
An applicant granted provisional certification may not perform as a police officer beyond the 365-day probationary period until completion of the entrance-level training under Regulation .09 of this chapter.
(4)
An applicant shall complete the entrance-level firearms training and qualification under Regulation .09 of this chapter and COMAR 12.04.02 before being authorized to carry or being issued a firearm.
E.
If a recertified police officer is appointed to a first-line supervisory or administrative level position and has not completed the respective approved first-line supervisor or administrator training program under Regulation .13 of this chapter, the police officer shall complete an approved first-line supervisor or administrator training program within 1 year of the date of appointment to the supervisory or administrative level.
Regulation .08 Selection Standards for Recertification as a Police Officer.LinkCopy Citation
A.
A police officer who has previously received a provisional certification or certification as a police officer may be recertified by the Commission after meeting applicable standards specified in this regulation.
B.
Requirements for Recertification.
(1)
Information to be Obtained for a Recertification Applicant. An agency head, or a designee, shall obtain information for an applicant for recertification by performing:
(a)
A fingerprint check at the local level or a check of the NCIC files;
(b)
State and national fingerprint checks;
(c)
A drug screening under Regulation .15 of this chapter;
(d)
A check of the applicant's driving record, including verification that the applicant possesses a valid driving license;
(e)
A check with the applicant's previous law enforcement agency to:
(i)
Determine the reason for separation;
(ii)
Assess past work performance; and
(iii)
Ensure that the applicant's separation was in good standing;
(f)
The physical and mental health examinations required under Regulation .04 of this chapter; and
(g)
An investigation:
(i)
For prior use and other activities related to controlled dangerous substances, narcotic drugs, and marijuana by the applicant as specified under Regulation .16 of this chapter; and
(ii)
To determine that an applicant is eligible under federal and Maryland law to possess and use a handgun under Regulation .04D of this chapter.
(2)
Required Additional Information for Certain Applicants for Recertification. If an applicant for recertification has not been employed as a police officer by a law enforcement agency within the last 90 days or more before applying for recertification, in addition to the information required under §B(1) of this regulation, the hiring agency head, or a designee, shall perform the following to obtain information related to the applicant for the period since the applicant was last employed as a police officer by a law enforcement agency:
(a)
A check with each of the applicant's employers during the period of absence from law enforcement duties;
(b)
A check with coworkers during the period of absence; and
(c)
Interviews of personal references and neighbors.
C.
The hiring agency head shall maintain records as required under Regulation .02 of this chapter to verify that Commission-required selection standards have been met.
D.
The hiring agency head shall:
(1)
Complete the AFC to verify that applicable Commission-required selection standards for reappointment have been met; and
(2)
Forward the AFC to the Commission with copies of any supplemental information discovered during the investigation or from any other source.
E.
Review of Previous Background Investigations.
(1)
If a hiring agency head does not conduct a full background investigation, the agency head shall review the records of the background investigation of an applicant conducted by the previous law enforcement agency to ensure that a complete and accurate investigation was performed.
(2)
The hiring agency head is responsible for correcting omissions and discrepancies by the previous law enforcement agency in a prior investigation that was conducted in conjunction with an AFC submitted to the Commission by a law enforcement agency less than 5 years previously.
(3)
If records of a previous background investigation are not available, the hiring agency head shall conduct a full background investigation as required under Regulation .05 of this chapter.
Regulation .09 Minimum Standards for Entrance-Level Training for Police Officers.LinkCopy Citation
A.
General Requirements.
(1)
An applicant for certification as a police officer shall successfully complete an entrance-level training program approved by the Commission before the Commission may certify the applicant as a police officer.
(2)
A Commission-approved entrance-level training program is a minimum of 850 hours.
(3)
The Commission may permit hours used to meet entrance-level firearms training and qualification requirements under COMAR 12.04.02 to be used as part of the 850-hour minimum under §A(2) of this regulation, regardless of whether the activity is conducted contemporaneously with or separate from the entrance-level training program.
(4)
The Commission may not permit field training requirements under Regulation .17 of this chapter to be used as part of the 850-hour minimum under §A(2) of this regulation, regardless of whether the activity is conducted contemporaneously with or separate from the entrance-level training program.
B.
The entrance-level program shall be approved by the Commission and include the subject areas and minimum hours specified in this regulation.
C.
Commission-Required Subject Areas.
(1)
For the Commission to approve an entrance-level training program for police officers, the entrance-level training program shall include the following subject areas:
(a)
Organizational principles and law;
(b)
Patrol;
(c)
Traffic;
(d)
Criminal investigation;
(e)
Emergency medical care, which shall also provide training in lifesaving techniques, including cardiopulmonary resuscitation (CPR);
(f)
Communications;
(g)
Report writing and composition;
(h)
Crime prevention;
(i)
Crisis intervention;
(j)
Protective strategies and tactics, including training in the proper level and use of force;
(k)
Emergency vehicle operations;
(l)
Prisoner processing and security;
(m)
Courtroom preparation and testimony;
(n)
Health and wellness;
(o)
Terrorism and weapons of mass destruction;
(p)
Sensitivity to cultural and gender diversity; and
(q)
Individuals with physical, intellectual, developmental, and psychiatric disabilities.
(2)
Police officer firearms training and qualification:
(a)
May be included in police officer entrance-level training; and
(b)
If police officer firearms training and qualification is included in police officer entrance-level training, shall be separately approved by the Commission according to the requirements under COMAR 12.04.02.
D.
Commission-Required Performance Objectives.
(1)
Minimum Performance Objectives. For the Commission to approve an entrance-level training program for police officers, the entrance-level training program shall include activities to ensure that the applicant for police officer certification has met performance objectives that are:
(a)
Composed and sanctioned by the Commission; and
(b)
Based on a Statewide job task analysis and that address those tasks considered essential for law enforcement officers in Maryland, regardless of law enforcement agency or assignment.
(2)
The Commission shall furnish a copy of the performance objectives upon request by a law enforcement agency, academy, or school.
(3)
The training director of a law enforcement agency, an academy, or a school responsible for police officer entrance-level training shall:
(a)
Cover the Commission performance objectives during entrance-level training exactly as written by the Commission; and
(b)
Determine the sequence, content, and duration of training required to cover the Commission's performance objectives.
E.
Successful Completion of Commission-Approved Entrance-Level Training.
(1)
The training director of an academy shall conduct testing to verify that an applicant for certification as a police officer has learned or can perform each of the Commission's performance objectives.
(2)
One or more objectives may be addressed by relevant single or multiple demonstrations or questions.
(3)
An applicant for certification as a police officer shall achieve a minimum overall score of 70 percent in each subject area in §C of this regulation. The training director, or a designee, shall maintain accurate records of tests and testing procedures.
(4)
At the conclusion of entrance-level training, the training director shall verify in writing to the Commission that an applicant has met the requirements under this regulation.
(5)
Transfer of Academy Training.
(a)
Credit for training received may be transferred from one academy to another at the discretion of the academy receiving the credit for training.
(b)
The training director of the academy submitting notification in writing to the Commission that the applicant has met the requirements under this regulation is responsible for verifying completion of all Commission training objectives for that applicant.
(6)
An applicant absent for more than 5 percent of entrance-level training is not considered to have successfully completed the entrance-level training unless the training director and the Deputy Director determine that sufficient work has been completed.
(7)
An applicant shall meet the minimum qualification standard for certification in an emergency medical care program that has been approved by the Commission.
(8)
A training director for an academy may require an applicant to meet entrance-level training requirements, standards, and objectives that exceed Commission minimum requirements, standards, and objectives.
F.
Failure to Complete Entrance-Level Training.
(1)
The training director shall notify the applicant's law enforcement agency if the applicant does not complete the entrance-level training.
(2)
If an applicant does not meet the requirements for Commission-approved entrance-level training, the Commission may not certify the applicant as a police officer.
G.
Waiver of Commission Entrance-Level Training Requirements.
(1)
A law enforcement agency that serves a unique function in law enforcement may be granted an exemption from a portion of this regulation.
(2)
An agency head shall submit a request for an exemption and the appropriate documentation according to the requirements under Regulation .14 of this chapter.
(3)
An applicant for certification by the Commission as a police officer who has completed entrance-level training in another state or for the federal government may be eligible to receive a waiver from a portion of the Commission-required entrance-level training upon:
(a)
Meeting the requirements under Regulation .14E(8) of this chapter; and
(b)
Meeting other requirements approved by the Commission.
H.
Entrance-Level Firearms Training.
(1)
A police officer who is required to use or carry a firearm shall successfully meet Commission-required performance objectives and standards of the entrance-level firearms training and qualification under COMAR 12.04.02 before using or carrying a firearm as part of the police officer's duties.
(2)
The entrance-level firearms training and qualification may be completed concurrently with or as a separate activity from an entrance-level training program.
I.
Standards for an Applicant's Admission to an Academy Providing Entrance-Level Training.
(1)
In addition to Commission requirements, an applicant attending entrance-level training shall meet the qualification standards set by the law enforcement academy conducting the entrance-level training.
(2)
For an individual to attend a law enforcement academy, the law enforcement agency shall:
(a)
Obtain a physical examination by a licensed medical doctor to determine whether the applicant is physically fit to participate in the academy training; and
(b)
Perform a check of the National Crime Information Center (NCIC) files before the applicant is admitted to the program.
(3)
The hiring agency head shall:
(a)
Provide an applicant with a copy of the selection standards under Regulation .04 of this chapter; and
(b)
Require the applicant to acknowledge in writing that completion of the entrance-level training is not a guarantee of certification as a police officer.
Regulation .10 Commission Requirements for an Academy or School Providing Commission-Required Police Officer Training.LinkCopy Citation
A.
Training Environment.
(1)
An academy offering police officer training required by the Commission for police officer certification shall be approved by the Commission before providing the training.
(2)
In order for the Commission to approve an academy offering police officer training required by the Commission for police officer certification, the academy shall:
(a)
Provide an atmosphere that supports learning;
(b)
Have proper lighting, ventilation, and acoustics; and
(c)
Meet applicable local, State, and federal health and safety requirements.
(3)
If practical, the academy shall provide:
(a)
At least 25 square feet of classroom space for each candidate;
(b)
Locker space for each individual attending;
(c)
Appropriate desk space, work tables, and seating to support classroom and other related learning activities;
(d)
Storage for learning and training material; and
(e)
Instructional and training equipment and material to support the training provided.
B.
Unless an individual is exempt from Commission certification under COMAR 12.04.06 or 12.10.06, only an individual certified as an instructor by the Commission or the Correctional Training Commission may provide police officer training required by the Commission.
C.
Entrance-Level Training Procedures.
(1)
An applicant attending police officer entrance-level training required for certification as a police officer shall be excused from routine duties at the hiring law enforcement agency and receive regular salary while attending police officer entrance-level training.
(2)
Personal Conduct While Attending Police Officer Entrance-Level Training.
(a)
The training director of the academy providing the approved police officer entrance-level training is responsible for the personal conduct of each applicant attending that academy.
(b)
The training director, or a designee, shall function as the commanding officer for the class.
(c)
The training director shall provide each applicant attending the police officer entrance-level training with a copy of the rules or regulations governing the applicant's daily activities and behavior while attending the academy.
(d)
The disciplinary regulations of the host academy apply to each applicant attending the academy.
(e)
The training director shall notify the applicant's agency head if there has been an incident that requires disciplinary action taken against the agency head's applicant.
(f)
If an applicant's progress in academic or skill areas indicates the applicant will fail the entrance-level training, the training director shall notify the applicant's agency head to permit the applicant to be withdrawn from the training.
(3)
The training director of the academy and the agency head sending an applicant to the academy or school may negotiate arrangements related to reimbursement for costs associated with the applicant attending the academy.
(4)
Authority of Academy Regulations.
(a)
The Commission recognizes the necessity and authority of an academy to establish rules and regulations of conduct.
(b)
The training director of a Commission-approved academy may establish rules and regulations that exceed Commission requirements under this regulation.
(c)
A written academy rule or regulation or lawful verbal direction or order issued by an authorized representative of the academy has the same authority as a Commission requirement or standard.
D.
Academy Certification Classifications.
(1)
The Commission may certify an academy meeting the applicable Commission standards as a class I or class II academy.
(2)
An academy certified by the Commission as a class I academy may provide Commission-approved police officer entrance-level training.
(3)
An academy certified by the Commission as a class II academy may provide only specified portions of Commission-approved police officer entrance-level training required under Regulation .14E(8) of this chapter.
(4)
A class I or class II academy may also offer any other Commission-approved police officer training authorized under this chapter.
(5)
Upon request, the Commission shall furnish a list of approved academies and the respective classifications.
E.
The academy may include a firearms program which meets the minimum standards under COMAR 12.04.02.
F.
Academy Certification—Lapse or Revocation.
(1)
Commission certification of an academy shall lapse if the academy does not conduct Commission-approved entrance-level training for a period of 2 years.
(2)
The Commission may revoke the certification of an approved academy if the academy:
(a)
Discontinues presenting Commission-approved entrance-level training;
(b)
Offers Commission-required training without Commission-approved instructors;
(c)
Training director does not successfully complete the training director orientation program under §H of this regulation; or
(d)
Violates a provision of this regulation.
G.
Academy Audit.
(1)
An approved entrance-level training program is subject to review and audit by the Commission.
(2)
The Commission shall audit each Commission-approved academy at least every 2 years to ensure compliance with Commission requirements.
H.
Training Director Orientation. An individual appointed as a training director of a Commission-approved academy, within 3 months of appointment, shall successfully complete a training director orientation program designed and approved by the Commission.
Regulation .11 Voluntary Attendance at an Entrance-Level Training Program.LinkCopy Citation
A.
An individual who is not employed as a police officer by a law enforcement agency may attend Commission-approved entrance-level training on a voluntary basis if the individual requesting to attend:
(1)
Receives approval by the training director of the Commission-approved academy; and
(2)
Meets the selection standards under §B of this regulation.
B.
Selection Standards — Voluntary Entrance-Level Training.
(1)
An individual approved by the training director to attend police officer entrance-level training on a voluntary basis shall:
(a)
Meet entrance standards for the academy providing the training;
(b)
Provide documentation from a licensed medical professional that the individual has received a medical examination and is physically fit to participate in the academy police officer entrance-level training; and
(c)
Provide documentation supporting that the individual is currently 21 or will be 21 years old at the completion of the police officer entrance-level training.
(2)
The training director accepting an individual volunteering to attend police officer entrance-level training shall:
(a)
Ensure a criminal record check is performed on the individual through, at a minimum, the National Crime Information Center (NCIC) to determine if there is supplemental information that conflicts with the requirements of the academy or Commission;
(b)
Provide the individual with a copy of the selection standards specified in Regulation .04 of this chapter; and
(c)
Have the individual acknowledge in writing that completion of the police officer entrance-level training is not a guarantee of certification by the Commission as a police officer.
C.
If an individual under the provisions of this regulation successfully completes Commission-approved police officer entrance-level training provided by a Commission-approved academy and is subsequently hired by a law enforcement agency to fill a position as a police officer within 2 years of the completion of the training, the agency head may request a waiver of training under Regulation .14 of this chapter.
D.
Mandated Personnel.
(1)
Under Public Safety Article, §3-215(d), Annotated Code of Maryland, an individual employed as a police officer by a law enforcement agency is entitled to a leave of absence with pay to attend entrance-level training.
(2)
An employee of a law enforcement agency who is required to meet the requirements of this chapter may not voluntarily enroll in an academy to attend Commission-approved police officer entrance-level training.
E.
An individual, training director, or law enforcement agency head seeking a waiver of this regulation may apply to the Commission for that waiver according to provisions under Regulation .14 of this chapter.
Regulation .12 Police Officer Annual In-Service Training and Qualification.LinkCopy Citation
A.
Police Officer Annual In-Service Training Requirements.
(1)
An agency head shall ensure that a certified police officer at or below the rank of first-line supervisor completes a minimum of 18 hours of Commission-approved in-service training each calendar year.
(2)
The Commission shall only accept successful completion of Commission-approved training toward a police officer's annual in-service training requirements.
(3)
For annual in-service training, the Commission may approve independent electronic instruction through which information on an identified topic is provided to a police officer through the officer’s interaction with an electronic medium, and without the immediate supervision or assistance of an individual identified as the training instructor.
(4)
Commission-approved police officer in-service training may be conducted according to Commission requirements by the police officer's law enforcement agency, another law enforcement agency, school, academy, or organization.
(5)
The Commission does not require a Commission-certified police officer to meet the in-service training requirement under this regulation during the same calendar year the police officer successfully completes Commission-approved police officer entrance-level training.
(6)
The Commission may apply training received by a police officer successfully completing Commission-approved supervisor, administrator, or instructor training toward the police officer's annual in-service requirement in the same calendar year that the police officer successfully completed the Commission-approved supervisor, administrator, or instructor training.
(7)
Beginning in the year 2004 and every third year thereafter, police officer annual in-service training curriculum and minimum courses of study shall include special training in, attention to, and study of the application and enforcement of:
(a)
The criminal laws concerning rape, sexual offenses, the sexual abuse and exploitation of children, and related evidentiary procedures;
(b)
The contact with and treatment of victims of crimes and delinquent acts;
(c)
The notices, services, support, and rights available to victims and victim’s representatives under Maryland law; and
(d)
The notification of victims of identity fraud and related crimes of their rights under federal law.
(8)
No later than December 31, 2013, a police officer required to complete annual in-service training under this regulation shall successfully complete Commission-approved autism awareness training if the police officer has not previously successfully completed autism awareness training as part of a Commission-approved entrance-level training program.
(9)
No later than December 31, 2016, and within every 2 years after that date, a police officer required to complete annual in-service training under this regulation shall successfully complete a Commission-approved training program on lifesaving techniques, including cardiopulmonary resuscitation (CPR).
B.
Annual Police Officer Firearms Training and Qualification Requirements.
(1)
Each Commission-certified police officer shall qualify annually with each firearm the law enforcement agency authorizes the police officer to use or carry on-duty or off-duty on each of a Commission-approved:
(a)
Day-fire course of fire; and
(b)
Reduced light course of fire.
(2)
Annual firearms training and qualification shall be conducted according to provisions under COMAR 12.04.02.
(3)
Annual firearms training and qualification is not required in the same year that a Commission-certified police officer successfully completes Commission-approved police officer:
(a)
Entrance-level firearms training and qualification;
(b)
Conversion training under COMAR 12.04.02;
(c)
Refresher firearms training under Regulation .07B(4)(c) of this chapter; or
(d)
Firearms instructor training under COMAR 12.04.06.
(4)
Before being authorized to carry or use a firearm, a police officer who has not qualified with an authorized firearm for 3 or more consecutive calendar years shall complete a Commission-approved:
(a)
Entrance-level firearms training program and firearms qualification under COMAR 12.04.02; or
(b)
Firearms refresher training course and firearms qualification under Regulation .07B(4) of this chapter.
C.
Police Officer Annual In-Service Program and Firearms Training and Qualification Approval.
(1)
The Commission shall:
(a)
Determine the format for submitting training programs for approval; and
(b)
Assign a program number to approved programs.
(2)
A request for the Commission to approve training shall include:
(a)
The topics to be studied;
(b)
The time allocated to each topic;
(c)
A brief explanation of why the topic is included, in terms of current job needs; and
(d)
Identification of each instructor teaching a topic and the number of hours that the instructor is scheduled to teach.
(3)
Except as provided under §C(4) of this regulation, the Commission may approve a police officer annual in-service program or annual firearms training and qualification program for a period of 3 years.
(4)
The training director of a law enforcement agency, academy, or school shall resubmit a training program under this regulation to the Commission for subsequent approval when:
(a)
A significant change is made in the format or content of the approved program; or
(b)
3 years have elapsed since the initial program approval, regardless of whether any changes have been made to the original approved program.
D.
Curriculum, Attendance, and Testing for Police Officer Annual In-Service Training and Firearms Training and Qualification.
(1)
The agency head shall report a police officer's successful completion of Commission-approved in-service training or firearms training and qualification to the Commission on or before January 31 of the year immediately following the training.
(2)
The agency head shall report the information in a format determined by the Commission.
(3)
Testing.
(a)
A training director of a Commission-approved academy or school shall ensure that each police officer attending Commission-approved training is tested to determine successful completion.
(b)
An alternate method of recording successful completion of the training may be used if approved by the Commission.
(c)
A police officer shall obtain a minimum score of 70 percent on a test for the respective training before the Commission may apply the training toward the police officer's training requirements under this regulation.
(4)
The Commission requires that Commission-approved in-service training and firearms training and qualification have a method of evaluation.
(5)
If a police officer is absent for more than 10 percent of the time required for a Commission-approved annual in-service training program, including electronic control device and firearms training and qualification, the police officer may not receive credit toward the annual in-service training requirements of this chapter for any portion of the program, unless the Deputy Director approves the police officer to receive full or partial credit.
E.
Attendance at Training Hosted by Other Agencies.
(1)
An agency head may send a police officer to Commission-approved in-service training or firearms training and qualification hosted by another agency without prior Commission approval.
(2)
The agency head sending the police officer to training hosted by another agency shall ensure that the training has an approval number assigned by the Commission.
(3)
The agency head sending the police officer to training hosted by another agency is responsible for submission of training scores to the Commission.
F.
Failure to Complete Required Training.
(1)
Except for §F(2) of this regulation, if a police officer does not receive the entire 18 hours of in-service training by December 31 in a calendar year, the agency head shall add the number of hours missed in that calendar year to the 18 hours required in the following calendar year.
(2)
If an officer is scheduled for certification renewal on July 1 of any year but did not receive the entire 18 hours of annual in-service training by December 31 of the previous calendar year, the agency head shall provide the officer:
(a)
Before the July 1 date on which the officer is scheduled for certification renewal, the hours of annual in-service training missed for the calendar year immediately before July 1 date; and
(b)
Before December 31 of the year during which the officer’s certification renewal is scheduled, the 18 hours of annual in-service training required to be completed by the officer for that year.
(3)
If a police officer does not successfully complete annual firearms training and qualification with an authorized firearm before December 31 of a calendar year, the agency head may not permit the police officer to use or carry the firearm until the police officer successfully meets Commission requirements for firearms training and qualification with that firearm.
(4)
If a police officer is scheduled for certification renewal, the police officer shall successfully complete Commission requirements for firearms training and qualification for the firearm before July 1 in the following year.
(5)
Nonofficer Status.
(a)
In-service Training. If a police officer fails to complete annual in-service training because the officer was on official nonofficer status, the officer shall complete the required annual in-service training in the year in which the officer returns to active duty.
(b)
Firearms Training.
(i)
If a police officer fails to complete annual firearms qualification because the officer was on approved nonofficer status, but has completed annual firearms qualification within 3 years of returning to active duty from nonofficer status, before the officer may use or carry an authorized firearm, the officer shall qualify with the authorized firearm when the officer returns to active duty. Additionally if the officer's certification has lapsed, the officer shall meet the requirements of this chapter be recertified by the Commission.
(ii)
If a police officer returning to active duty as a police officer has not qualified with an authorized firearm within 3 consecutive calendar years immediately preceding return, before the officer may use or carry an authorized firearm the officer shall successfully complete a Commission-approved entrance-level firearms training program and qualification for the firearm under COMAR 12.04.02, or a firearms refresher training course and firearms qualification for the authorized firearm under COMAR 12.04.02 or a firearms refresher training program and qualification under Regulation .07B(4)(c) of this chapter. Additionally, if certification has lapsed, the officer shall meet the requirements of this chapter to be recertified by the Commission.
(6)
Except for a police officer reported on nonofficer status, if an agency head does not provide required training in 2 consecutive years or displays a pattern of not providing the required training over several years, the Executive Director, or a designee, shall report the matter to the Commission for action the Commission deems appropriate.
(7)
If an agency head does not provide documentation of missed training in a timely manner, certification renewal may be delayed.
G.
Waivers.
(1)
The Commission may grant a waiver of annual in-service training or firearms training and qualification requested by an agency head, if the agency head submits proof that the police officer successfully completed comparable training in the same year.
(2)
A request for a waiver of training requirements under this regulation shall be submitted, in accordance with Regulation .14 of this chapter by the agency head.
H.
Audit Requirements.
(1)
Commission-approved annual in-service training and firearms training and qualification is subject to review and audit by the Commission.
(2)
Each law enforcement agency, academy, and school providing Commission-approved annual in-service training or firearms training and qualification shall maintain documentation, including:
(a)
Curriculum;
(b)
Listing of instructors;
(c)
Attendance;
(d)
Test and examination scores; and
(e)
Other information required by this regulation.
(3)
An agency head shall maintain records of training provided to a police officer at other agencies, schools, or academies until audited by the Commission.
(4)
To verify compliance with Commission requirements, the Commission shall annually audit a portion of the the following Commission-approved annual in-service programs:
(a)
Law enforcement training;
(b)
Electronic control device training;
(c)
Firearms training; and
(d)
Firearms qualification.
Regulation .13 Minimum Standards — Police Officer First-Line Supervisor and Administrator Training.LinkCopy Citation
A.
General Requirements.
(1)
A police officer promoted to a first-line, or higher, supervisor position, shall successfully complete Commission-approved supervisor training within 1 year of the promotion, unless the police officer successfully completed Commission-approved supervisor training within the 2 years preceding the promotion.
(2)
A police officer promoted to a first-line, or higher, administrator position is required to successfully complete Commission-approved administrator training within 1 year of the promotion, unless the police officer successfully completed Commission-approved administrator training within the 2 years preceding the promotion.
(3)
Once a police officer successfully completes Commission-approved supervisor training, the Commission does not require the police officer to complete additional supervisor training for subsequent promotions to another supervisor position that does not include duties of an administrative position.
(4)
A police officer promoted directly to a first-line administrator position from a rank below the first-line supervisor position shall complete both Commission-approved supervisor and administrator training within 1 year of the promotion, unless the police officer has successfully completed Commission-approved supervisor or administrator training, or both, within the 2 years preceding the promotion.
B.
Police Officer Supervisor and Administrator Training Minimum Requirements.
(1)
The Commission requires that:
(a)
Only Commission-approved or certified instructors provide the police officer supervisor or administrator training;
(b)
A police officer shall obtain a 70 percent overall test score to successfully complete the training;
(c)
The training shall be a minimum of 35 hours in duration;
(d)
Unless determined otherwise by the agency head and the Commission, a police officer required to attend Commission-approved supervisor or administrator training may not miss more than 10 percent of the total training time;
(e)
The Commission's training objectives for police officer supervisor or administrator are to be covered in the training as written by the Commission; and
(f)
The agency head submit the proposed police officer supervisor or administrator training to the Commission for approval at least 20 working days before the start of the proposed training.
(2)
The agency head shall submit rosters, required reports, and grades to the Commission upon completion of the training.
(3)
Upon request, the Commission shall furnish the Commission's minimum course outline and training objectives for police officer supervisor or administrator training to the agency head.
(4)
If an agency head changes previously approved training, the training director shall submit the new training in writing to the Commission for approval at least 20 working days before the start of the new training.
C.
Waivers.
(1)
The Commission may waive requirements for successful completion of the Commission-required supervisor or administrator training under this regulation if an agency head provides the Commission with documentation that establishes that the police officer successfully completed parallel Commission-approved supervisor or administrator training.
(2)
The Commission has determined that the following programs are generally acceptable substitutes for the Commission-required supervisor or administrator training if the police officer successfully completed the training within 2 years preceding or 1 year following the promotion:
(a)
The Northwestern University School of Police Staff and Command program;
(b)
The Southern Police Institute Administrative Officer Course;
(c)
The FBI National Academy; and
(d)
Other equivalent training approved by the Deputy Director.
(3)
The agency head shall submit a request for a waiver of Commission police officer supervisor or administrator training requirements to the Deputy Director for approval.
D.
Failure to Complete Commission-Required Supervisor or Administrator Training. If a police officer does not successfully complete either Commission-approved supervisor or administrator training by the first anniversary date of a promotion to either a first-line supervisor or first-line administrator position, the police officer's agency head shall:
(1)
Relieve the police officer of the respective first-line supervisory or first-line administrative duties related to the position; and
(2)
Inform the Commission in writing within 30 days of the action that the law enforcement agency has taken to relieve the police officer of supervisory or administrative duties.
Regulation .14 Waiver of a Selection or Training Standard.LinkCopy Citation
A.
General Requirements for Waivers.
(1)
Except for the requirements under §E of this regulation, an agency head requesting a waiver of a Commission selection or training standard based on an individual's unique circumstances shall petition the Commission for a waiver of the standard.
(2)
An agency head petitioning the Commission for a waiver of a selection or training standard shall:
(a)
Submit the petition in writing in a format determined by the Commission; and
(b)
Direct the petition to the Executive Director so it is received at least 30 days before the Commission's next scheduled meeting during which the Commission considers the petition.
(3)
An agency head shall include, at a minimum, the information required under §B, C, or D of this regulation according to the type of standard for which the agency head is petitioning the Commission for a waiver.
(4)
Processing a Petition for a Waiver.
(a)
Upon receipt of a petition for a waiver under §B, C, or D of this regulation, the Executive Director shall:
(i)
Review the petition to ensure that it contains all information required under this regulation; and
(ii)
Ensure that the petition is received 30 days before the next scheduled Commission meeting during which the Commission considers the petition.
(b)
If the petition does not meet the requirements under this regulation, the Executive Director shall return the petition to the submitting agency head indicating the deficiencies of the petition.
(c)
If the petition meets the requirements under this regulation, the Executive Director shall present the petition to the Commission at the next scheduled meeting.
B.
Waiver of a Selection Standard. An agency head petitioning the Commission on behalf of an individual for a waiver of a police officer selection standard under this chapter shall, at a minimum, include the following as part of the petition under this regulation:
(1)
A completed application for certification (AFC) for the individual;
(2)
The COMAR citation for the standard for which the waiver is requested on behalf of the individual;
(3)
Detailed information concerning the individual's ability to perform the duties of a police officer; and
(4)
Other information at the direction of the Executive Director.
C.
Waiver of an In-service Training Standard.
(1)
An agency head petitioning the Commission on behalf of an individual for a waiver of an annual in-service training standard shall provide the following information that the agency head believes is justification for the Commission to waive the training standard:
(a)
The COMAR citation for the standard for which the waiver is requested;
(b)
A copy of the lesson plan or course outline that the individual successfully completed;
(c)
A written description of the course that the individual successfully completed;
(d)
The number of hours of the course the individual completed; and
(e)
Other information supporting the petition or that is requested by the Executive Director.
(2)
An agency head may petition the Commission for a waiver of an in-service training requirement because an individual successfully completed any of the following during the calendar year for which in-service training is required:
(a)
Federal Bureau of Investigation National Academy;
(b)
3-month Southern Police Institute Program;
(c)
9-month Northwestern University Traffic Institute Program; or
(d)
Other equivalent training program.
D.
Waiver of Firearms Training.
(1)
An agency head may petition the Commission on behalf of an individual for a waiver of firearms training and qualification requirements if the individual completed firearms training and qualification that meets or exceeds requirements of COMAR 12.04.02 during the calendar year in which firearms training and qualification are required to be completed by the individual.
(2)
An agency head shall include in the petition for a waiver of firearms training and qualification:
(a)
Information required under §C(2) of this regulation as it relates to the firearms training and qualification completed by the individual; and
(b)
The date or dates the individual completed the firearms training and qualification.
E.
Waiver of an Entrance-Level Training Standard.
(1)
An individual who completed entrance-level training in another state or through the federal government may be granted a waiver from completing portions of the entrance-level training standards under Regulation .09 of this chapter if the entrance-level training completed in another state or through the federal government was comparable to the standards under Regulation .09 of this chapter.
(2)
An agency head petitioning the Deputy Director on behalf of an individual for a waiver of an entrance-level training standard required under Regulation .09 of this chapter shall provide the Deputy Director with the following information that the agency head believes is the basis for requesting the waiver:
(a)
A copy of the lesson plan or course outline for the course that the individual successfully completed;
(b)
A written description of the course that the individual successfully completed;
(c)
The number of hours of the course the individual successfully completed; and
(d)
Other information supporting the petition or that is requested by the Deputy Director.
(3)
The Deputy Director may grant a waiver of an entrance-level training standard if the individual:
(a)
Both:
(i)
Worked for a law enforcement agency within the last 5 years before applying; and
(ii)
Successfully completed police officer entrance-level training that meets or exceeds the requirements under Regulation .09 of this chapter; or
(b)
Did not work for a law enforcement agency before applying, but within 2 years before applying completed police officer entrance-level training that meets or exceeds the requirements under Regulation .09 of this chapter.
(4)
The Deputy Director shall review the information contained in the request under §E of this regulation to determine if the:
(a)
Individual meets the eligibility requirements under §E of this regulation; and
(b)
Police officer entrance-level training that the individual completed meets or exceeds requirements under Regulation .09 of this chapter.
(5)
When reviewing the minimum academy hourly requirement, the following information may be considered:
(a)
The review will compare the applicant’s approved academy hours with the amount of Maryland academy hours required by regulation at the time of academy attendance.
(b)
Topics taught during the applicant’s in-service training may be considered toward the minimum academy hourly requirement. An annual repetitive topical area may only be considered once.
(c)
Specialized training received during the applicant’s career that is relevant to the topical areas may be considered toward the minimum academy hourly requirement.
(6)
The Deputy Director shall notify the agency head of the decision.
(7)
If the Deputy Director grants the waiver, the Deputy Director shall notify the agency head that the individual shall meet the following requirements before certification:
(a)
Selection standards under Regulation .04 of this chapter; and
(b)
The training requirements under §E(8) of this regulation
(8)
If the Deputy Director grants a waiver of full entrance-level training, the individual shall successfully complete the following:
(a)
Portions of entrance-level training at a class I or II Commission-certified police academy relating to the:
(i)
Maryland Criminal Code,
(ii)
Maryland Motor Vehicle Code, and
(iii)
Maryland Juvenile Law and Procedures;
(b)
Emergency medical care under Regulation .09 of this chapter;
(c)
A Driving Under the Influence Detection and Standardized Field Sobriety Test course approved by the Commission; and
(d)
If the law enforcement agency authorizes the individual to carry or use a firearm:
(i)
Entrance-level firearms training and qualification for the firearm under COMAR 12.04.02; or
(ii)
If the Deputy Director determines that the individual previously completed training that is equivalent to the entrance-level firearms training required under COMAR 12.04.02 for the agency-approved firearm, the individual shall be required to complete annual firearms classroom instruction and training and qualification required by COMAR 12.04.02 for the agency-approved firearm.
(9)
An agency head may petition the Commission to review a decision by the Deputy Director to deny a waiver of an entrance-level training requirement.
F.
A petition for a waiver on behalf of an individual may not again be submitted under this regulation within two years after the date on which the Commission has:
(1)
Denied the petition for the waiver on behalf of the individual; or
(2)
Upheld the decision of the Deputy Director to deny the petition for a waiver.
Regulation .15 Drug Screening Procedures.LinkCopy Citation
A.
Urine Sample Collection.
(1)
A law enforcement agency conducting drug screening shall ensure that the process used by the law enforcement agency includes the minimum requirements under this regulation.
(2)
A law enforcement agency conducting drug screening shall:
(a)
Verify the identity of the individual providing the sample by examining a driver's license or other acceptable means of photographic identification;
(b)
Obtain the urine sample in a manner that reasonably prevents substitution, alteration, or tampering;
(c)
Ensure that a minimum of 50 milliliters of urine is collected from the individual providing the sample;
(d)
Ensure that:
(i)
A urine sample is collected using a proper container that has been sealed by the manufacturer;
(ii)
Once the seal is broken by the individual supplying the urine sample and the urine sample is deposited in the container, the container is sealed by the individual supplying the urine sample;
(iii)
The container is sealed using tamper-proof tape that extends over and around the container cover;
(e)
Once the container is sealed and accepted from the individual supplying the sample, ensure the sample is labeled with the:
(i)
Name of the individual supplying the sample;
(ii)
Date the sample was given; and
(iii)
Name of the individual who received the sample;
(f)
Ensure that before the individual provides a urine sample, the individual provides written consent for the:
(i)
Collection of the sample;
(ii)
Analysis of the sample; and
(iii)
Disclosure of the analysis results to the employing law enforcement agency and the Commission; and
(g)
Secure, maintain, and transport the sample in a manner that preserves the chain of custody.
B.
Positive Urine Sample Results.
(1)
A urine sample screened positive under §C(2) of this regulation is considered evidence of recent use of a controlled dangerous substance, narcotic drug, or marijuana.
(2)
A positive screen for a controlled dangerous substance, narcotic drug, or marijuana conclusively establishes that the individual providing the sample is not of good moral character established under Regulation .04 or .07 of this chapter and may not be employed or certified by the Commission as a police officer.
(3)
The agency head shall ensure that a positive screen for controlled dangerous substances, narcotic drugs, or marijuana was not a result of legal use.
C.
Urine Sample Analysis.
(1)
To ensure the reliability and integrity of the testing process, the employing law enforcement agency conducting drug screening shall ensure that the process used by the law enforcement agency to analyze the sample includes the minimum requirements under this section.
(2)
A law enforcement agency conducting drug screening and analyzing a urine sample shall:
(a)
Conduct urine sample analysis according to provisions under Health-General Article, §17-214, Annotated Code of Maryland;
(b)
Ensure that the urine sample is screened by an enzyme immunoassay, radioimmunoassay testing method, or another equally scientifically rigorous screening method; and
(c)
At a minimum, ensure that the screening method includes testing for the presence of the controlled dangerous substances, narcotic drugs, or marijuana, or classes of controlled dangerous substances, or their metabolites listed in §C(3) of this regulation.
(3)
A positive screen is indicated if the test result meets or exceeds an amount at the following levels measured in nanograms per milliliter specified for each controlled dangerous substance, narcotic drug, or marijuana, or classes of controlled dangerous substances, or their metabolites as follows:
(a)
Amphetamines — 1,000;
(b)
Barbiturates — 300;
(c)
Cannabis or cannabinoids — 50;
(d)
Opiates — 300;
(e)
Cocaine or cocaine metabolite — 300;
(f)
Phencyclidine — 25; and
(g)
Benzodiazepines — 300.
(4)
Confirmation of a Positive Screen Required.
(a)
A positive screen of a urine sample for each substance identified under §C(3) of this regulation shall be confirmed using gas chromatography, mass spectrometry, or other equally scientifically rigorous testing method.
(b)
A urine sample resulting in a positive screen using the method under §C(2)(b) of this regulation alone is inconclusive, unless the positive screen result is confirmed according to §C(4)(a) of this regulation.
Regulation .16 Prior Substance Abuse by Applicants for Certification.LinkCopy Citation
A.
Scope. This regulation applies to an individual on whose behalf an employing agency is applying to the Commission for certification or recertification of the individual as a police officer.
B.
General.
(1)
An individual involved in prior or current illegal use, sale, manufacture, or distribution of a controlled dangerous substance, narcotic drug, or marijuana as the terms are defined under Regulation .01 of this chapter and as specified in this regulation has demonstrated character traits, judgment, behavior, or activity which adversely predict or affect the ability of the individual to perform the duties of a police officer.
(2)
A law enforcement agency may set more restrictive standards than those specified in this regulation.
(3)
For the purpose of this regulation, marijuana is considered to be separate from a controlled dangerous substance or human-made synthetic cannabinoid or cannabimimetic agent as defined under Regulation .01B of this chapter.
C.
Prohibitions — Initial Certification. An individual is ineligible for initial certification as a police officer in Maryland if the individual has:
(1)
Been convicted or otherwise found guilty of selling, manufacturing, or distributing a controlled dangerous substance, narcotic drug, or marijuana;
(2)
Ever illegally sold, produced, cultivated, distributed, or transported a controlled dangerous substance, narcotic drug, or marijuana;
(3)
Illegally used a controlled dangerous substance or narcotic drug for any purpose within the 36 months before application for certification;
(4)
Illegally engaged in the use of marijuana for any purpose within the 12 months preceding the date of application for certification;
(5)
Ever illegally used a controlled dangerous substance, or narcotic drug for other than experimentation as specified under §D of this regulation; or
(6)
Ever illegally used a controlled dangerous substance, narcotic drug, or marijuana while employed to enforce federal, State, or local law by any government entity.
D.
Presumption of Experimentation. The illegal use of a controlled dangerous substance or narcotic drug is not experimentation if the applicant:
(1)
Ever used:
(a)
Heroin;
(b)
Phencyclodine (PCP); or
(c)
Lysergic acid diethylamide (LSD); or
(2)
Used a controlled dangerous substance or narcotic drug, or any combination of controlled dangerous substances or narcotic drugs:
(a)
A total of five or more times; or
(b)
One time since becoming 21 years old.
E.
Prohibitions — Recertification. If an individual is currently certified, or was previously certified, as a police officer in Maryland the individual is ineligible for recertification if the individual illegally used, ingested, possessed, sold, produced, cultivated, distributed, or transported a controlled dangerous substance, narcotic drug, or marijuana on or after the date of the individual's initial certification as a police officer in Maryland.
F.
Indication of Use of a Controlled Dangerous Substance, Narcotic Drug, or Marijuana.
(1)
If any part of the background investigation indicates an applicant currently or previously used a controlled dangerous substance, narcotic drug, or marijuana, the law enforcement agency shall investigate to determine if the use falls under the prohibitions specified in this regulation.
(2)
The law enforcement agency shall verify the veracity of the applicant's statements, responses to questions, and any other information provided by the applicant related to the use of a controlled dangerous substance, narcotic drug, or marijuana using a truth verification device.
(3)
If the law enforcement agency determines the use is prohibited by this regulation, the applicant is ineligible for certification by the Commission as a police officer.
(4)
If the law enforcement agency determines the individual is currently using a controlled dangerous substance, narcotic drug, or marijuana in violation of State or federal law, the individual is ineligible for certification by the Commission as a police officer.
(5)
If an individual becomes certified by the Commission as a police officer, the law enforcement agency employing the individual shall document and maintain information used to establish the individual's substance abuse history required by this regulation. These records are subject to audit.
G.
Certification.
(1)
The Commission may certify an applicant if the applicant’s last use of marijuana preceded the applicant’s date of application for certification by:
(a)
Three or more years; or
(b)
Less than three years, but not less than 12 months, on the condition that the applicant agrees to complete an annual substance abuse test during the two years following the applicant’s date of initial certification.
(2)
If certification is granted to an applicant who only qualifies under § G(1)(b) of this regulation, the employing agency shall:
(a)
Notify the applicant of the additional mandatory substance abuse testing requirement; and
(b)
Schedule the conditionally certified officer for an annual substance abuse test at the discretion of the employing agency in accordance with the regulations established in 17.04.09.04.
H.
Petition for Special Consideration.
(1)
An agency head submitting an application for certification for an individual with a history of illegal use of a controlled dangerous substance or narcotic drug may petition the Commission based on articulated unique circumstances of the individual’s use of a controlled dangerous substance or narcotic drug for a final determination as to the use being experimentation as specified under §D of this regulation.
(2)
The agency head, or a designee, submitting a petition under §H(1) of this regulation shall:
(a)
Specify the illegal controlled dangerous substance or narcotic drug used;
(b)
Indicate the number of times the illegal controlled dangerous substance or narcotic drug was used;
(c)
Provide the individual's age at the time of each use;
(d)
Indicate how the information concerning the use of the illegal controlled dangerous substance or narcotic drug came to be known by the agency;
(e)
Provide information concerning the agency's attempt to verify the information;
(f)
Identify the specific factors that the agency head believes the Commission should consider when making a determination as to experimentation that, at a minimum, include information concerning:
(i)
Length of time used;
(ii)
The motivation for the use;
(iii)
The time that has passed since the last use;
(iv)
How the illegal controlled dangerous substance or narcotic drug was obtained;
(v)
How the illegal controlled dangerous substance or narcotic drug was ingested;
(vi)
Why the individual stopped the use;
(vii)
The individual's ability to perform as a police officer; and
(viii)
Any other information that supports the unique circumstances that the agency head wants the Commission to consider; and
(g)
Submit the petition to the Executive Director of the Police Training and Standards Commission.
(3)
The Executive Director shall submit a petition received under §H(2) of this regulation to the Police Training and Standards Commission at the next scheduled meeting following receipt if the petition:
(a)
Provides the information required by this regulation; and
(b)
Is received at least 30 days before the next scheduled Commission meeting.
I.
Hearing Not Required.
(1)
An individual applying for certification has no right to appear before the Police Training and Standards Commission for the purpose of challenging a law enforcement agency’s determination that the individual used a controlled dangerous substance or narcotic drug contrary to the standards established by this regulation.
(2)
The Police Training and Standards Commission’s consideration of a petition under §H of this regulation is not a hearing.
Regulation .17 Field Training.LinkCopy Citation
A.
Field Training Required; Exceptions.
(1)
Except as provided by §A(3) of this regulation, an individual shall successfully complete Commission-approved field training as required under this regulation before receiving police officer certification or recertification under this chapter.
(2)
As provided by this regulation, field training shall be successfully completed by an individual for each law enforcement agency employing the individual.
(3)
If an individual holds a position listed under Public Safety Article, §3-201(f)(3)(i) or (ii), Annotated Code of Maryland, the individual may be certified or recertified as a police officer under this chapter for the law enforcement agency with which the individual holds the position without meeting the requirements of this regulation.
(4)
An individual may receive provisional or temporary certification as a police officer under this chapter without meeting the requirements of this regulation.
B.
When Field Training Is to Be Completed and Minimum Hours for Field Training. The following table provides the minimum hours of field training to be successfully completed and when the field training is permitted to be undertaken by an individual for whom certification as a police officer is requested:
C.
Field Training Monitoring and Coordination.
(1)
A law enforcement agency’s field training shall be coordinated and monitored by:
(a)
The law enforcement agency head; or
(b)
An employee of the law enforcement agency designated by the law enforcement agency head.
(2)
If an employee of the law enforcement agency designated by the law enforcement agency head is responsible for coordinating and monitoring the agency’s field training, the employee is required to have successfully completed:
(a)
A Commission-approved supervisor training course under Regulation .13 of this chapter; and
(b)
A Commission-approved field training officer course as provided by §E of this regulation.
D.
Field Training Officer Requirements.
(1)
A field training officer shall:
(a)
Meet the requirements established under this regulation and by the Commission;
(b)
Be a police officer for at least 2 years immediately prior to being approved by the Commission to be a field training officer;
(c)
Be approved by the Commission as a field training officer;
(d)
Except under provisions of §D(4) of this regulation, successfully complete a Commission-approved field training officer course; and
(e)
Within every 4 years following initial completion of a field training officer course, successfully complete a minimum of 7 hours of cumulative instruction that have been approved by the Commission to be provided to an individual who has been approved as a field training officer.
(2)
To successfully complete an initial field training officer course, an individual shall:
(a)
Attend a minimum of 90 percent of the total hours of instruction established for the field training officer course; and
(b)
Achieve at least a score of 70 percent on each test given as part of the field training officer course.
(3)
The law enforcement agency or academy conducting a field training officer course shall report to the Commission the name of each individual who successfully completes the field training officer course.
(4)
The Deputy Director may excuse an individual from completing all or a portion of the minimum requirements for a Commission-approved field training officer course required by this regulation if:
(a)
The individual submits to the Deputy Director documentation that the individual has successfully completed training that is the equivalent to all or the portion of the minimum requirements for a Commission-approved field training officer course; and
(b)
The Deputy Director finds the documentation provided verifies that the completed training is equivalent to all or the portion of the minimum requirements for a Commission-approved field training officer course.
E.
Field Training Officer Course — Application, Requirements, and Approval.
(1)
A field training officer course shall be approved by the Commission, and provided by the law enforcement agency or academy that has received the course approval under this section.
(2)
An application for a field training officer course approval shall be submitted to the Commission by a law enforcement agency or academy that requests approval of the course:
(a)
At least 20 days before the field training officer course begins; and
(b)
In the format required by the Commission.
(3)
The application for approval for a field training officer course shall include the:
(a)
Number of hours of instruction to be provided by the course;
(b)
Names and qualifications of the instructors for the course;
(c)
Testing and evaluation methods for an individual enrolled in the field training officer course; and
(d)
Other information required by the Commission.
(4)
If the Commission approves the field training officer course:
(a)
The Commission shall assign the approved field training officer course an identification number; and
(b)
Commission approval of the field training officer course is valid for 3 years following the approval date.
(5)
Proposed Change to Commission-Approved Field Training Officer Course.
(a)
If a law enforcement agency or academy that has received Commission approval for a field training officer course proposes to change the format, an instructor, the content, or the testing or evaluation methods of the course as most recently approved by the Commission, an application for approval of the change shall be submitted to the Commission by the law enforcement agency or academy at least 20 days before the change to the field training officer course is proposed to be implemented.
(b)
The proposed change becomes effective when approved by the Commission.
(6)
An approved field training officer course shall provide instruction:
(a)
Conducted only by individuals who are certified by the Commission under COMAR 12.04.06.08 or who possess an exemption under COMAR 12.04.06.04;
(b)
For a minimum of 21 hours; and
(c)
On the training objectives required by the Commission for the Commission-approved field training officer course.
(7)
For a minimum of 3 years, a law enforcement agency or academy conducting a Commission-approved field training officer course shall maintain the following documentation related to the course:
(a)
Rosters of individuals participating in the field training officer course;
(b)
The tests, test scores, and evaluations of individuals participating in the field training officer course;
(c)
Description of the evaluation process for individuals participating in the field training officer course;
(d)
Field training officer course lesson plans; and
(e)
Other documentation required by the Commission.
F.
Agency Field Training Policy Required.
(1)
A law enforcement agency shall adopt a written policy on the agency’s field training based on a model policy approved by the Commission.
(2)
The policy, at a minimum, shall include:
(a)
Length of the agency’s field training;
(b)
An outline of the training subjects, orientation, and other activities to be provided as part of field training;
(c)
Responsibilities of the individual supervising field training;
(d)
Selection process for field training officers;
(e)
Training of field training officers;
(f)
Guidelines for a field training officer’s evaluation of the performance of an individual participating in field training;
(g)
Reporting responsibilities of field training officers; and
(h)
Guidelines for evaluation of field training officers.
G.
Supervising an Individual During Commission-Approved Field Training.
(1)
Except for provisions under §G(2)and (3) of this regulation, during Commission-approved field training, an individual shall be under direct supervision of:
(a)
A field training officer from the law enforcement agency employing the individual; or
(b)
If a field training officer is not available, a police officer of supervisory rank from the law enforcement agency employing the individual.
(2)
Exception to Supervision During Field Training.
(a)
For a period that does not exceed 10 percent of the total time of an individual’s field training, the individual may be under the direct supervision of a police officer of the law enforcement agency who is not a field training officer or police officer of supervisory rank.
(b)
Under extenuating circumstances when a field training officer or officer of supervisory rank is not available for at least 89 percent of the total time of an individual’s field training, the agency head may request the Deputy Director to approve alternative supervision during the individual’s field training.
(c)
The Deputy Director may approve an alternative to the supervision required by this section during Commission-approved field training:
(i)
For a limited period of time, as determined by the Deputy Director; and
(ii)
Under conditions and circumstances specified by the Deputy Director.
(3)
During field training, an individual who is engaged in specialized training or orientation duties that do not entail enforcement functions:
(a)
May engage in that training or those duties for up to 5 percent of the total time of the individual’s field training; and
(b)
While engaged in that training or those duties is not required to be under the direct supervision of a field training officer or police officer of supervisory rank.
(4)
If an individual successfully completes the law enforcement agency’s field training, the law enforcement agency head, or the individual designated to supervise field training shall:
(a)
Complete and submit a written statement to the Commission indicating that the individual has successfully completed the required Commission-approved field training; and
(b)
Sign and date the statement.
H.
Documentation to Be Maintained Related to a Law Enforcement Agency’s Field Training. For a minimum of 3 years, a law enforcement agency shall maintain the following documentation related to the law enforcement agency’s field training:
(1)
The agency’s written policy for field training;
(2)
Rosters of individuals participating in field training;
(3)
The tests, test scores, and evaluations of individuals participating in field training;
(4)
Description of the evaluation process for individuals participating in field training;
(5)
Field training lesson plans and guides;
(6)
An outline of the training for individuals participating in field training;
(7)
At least once every 2 weeks during the individual’s field training, summaries of the performance the individual participating in field training;
(8)
The field training officer’s final competence report on each individual participating in field training; and
(9)
Other documentation required by the Commission.
I.
Audit.
(1)
A Commission-approved field training officer course and Commission-approved field training are subject to review and audit by the Commission.
(2)
The Commission may suspend or revoke approval of a field training officer course or law enforcement agency’s field training if the Commission determines that the field training officer course or agency field training fails to meet the Commission requirements.
Regulation .18 Minimum Standards — Police Officer Motorcycle Training.LinkCopy Citation
A.
A police officer who is authorized by the police officer’s employing law enforcement agency to operate a law enforcement agency motorcycle on January 1, 2014, is not required to complete motorcycle training established under this regulation for as long as the authorization in effect on January 1, 2014, continuously remains in effect.
B.
Except under §A of this regulation, before a police officer is authorized to operate a law enforcement agency motorcycle, the police officer shall successfully complete police officer motorcycle training approved by the Commission.
C.
For police officer motorcycle training to be approved by the Commission, the police officer motorcycle training shall, at a minimum, include the following subjects:
(1)
Capabilities of a motorcycle;
(2)
Factors contributing to motorcycle accidents;
(3)
Accident avoidance maneuvers;
(4)
Fundamentals of handling and riding a motorcycle;
(5)
Emergency and nonemergency motorcycle operation and handling techniques;
(6)
Motorcycle braking techniques;
(7)
Impact of adverse weather conditions on operation and handling of a motorcycle;
(8)
Daylight and reduced-lighting motorcycle operation and handling;
(9)
Operating and handling a motorcycle in confined areas; and
(10)
Officer survival related to motorcycle traffic stops and violator contact.
D.
Police officer motorcycle training shall include activities to ensure that the police officer meets performance objectives, approved by the Commission, that are based on:
(1)
Evaluations of investigations of law enforcement agency motorcycle accidents that occurred within the previous 5 years; and
(2)
Recommendations developed by a Statewide panel.
E.
The Statewide panel under §D of this regulation shall:
(1)
Be composed of one supervisory law enforcement agency motorcycle operator from each Maryland law enforcement agency that uses a motorcycle for law enforcement purposes;
(2)
Annually designate a chairman from panel membership; and
(3)
Make recommendations to the Commission concerning police officer motorcycle operator training.
Chapter 02. Firearms Training
Regulation .01 Purpose.LinkCopy Citation
A.
This chapter establishes Commission requirements for an individual regulated by the Commission for:
(1)
Firearms classroom instruction and training and qualification; and
(2)
Authorization to use or carry a firearm.
B.
Commission requirements are minimum requirements. Therefore, a law enforcement agency may adopt more stringent requirements for firearms classroom instruction and training and qualification.
C.
This chapter does not apply to a firearm authorized by a law enforcement agency for use by a police officer which discharges a projectile that is not intended to cause death.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Academy” means a college, school, training unit, or training facility certified or approved by the Commission to conduct entrance-level and other training programs.
(2)
Agency Head.
(a)
“Agency head” means:
(i)
A police chief, sheriff, administrator, department head, an individual in an equivalent position, or a designee; or
(ii)
An individual appointed, employed, or elected to manage, administer, or supervise a law enforcement agency.
(b)
“Agency head” includes a director of an academy or a training unit, or a designee, authorized to act in employment or training matters.
(3)
“Barricade” means an object, fixed position or portable, that in whole or in part provides cover or concealment.
(4)
“Certification” means that an individual meets the requirements for firearms classroom instruction, training, and qualification established under COMAR 12.04.06 for a provisional, line, and firearms instructor.
(5)
Classroom Instruction.
(a)
“Classroom instruction” means training conducted in a traditional educational setting; for example, in a room with desks, chairs, books, paper, and other educational tools or equipment.
(b)
“Classroom instruction” does not include training conducted on a firing line.
(6)
“Commission” means the Police Training and Standards Commission.
(7)
Course of Fire.
(a)
“Course of fire” means a sequence of activities related to the actual discharge of a firearm on a firing line for training or qualification.
(b)
“Course of fire” does not include classroom instruction.
(8)
Day-Fire.
(a)
“Day-fire” means firearms training or qualification, or both, conducted during normal outdoor lighting conditions that exist between dawn and dusk.
(b)
“Day-fire” includes the indoor equivalent or other lighting conditions that simulate normal outdoor lighting conditions that exist between dawn and dusk.
(9)
“Deputy Director” means the Deputy Director of the Police and Correctional Training Commissions, or a designee.
(10)
“Entrance-level” means initial classroom instruction, training, or qualification with a firearm regardless of experience or training with a different type of firearm.
(11)
“Firearm” means a pistol, revolver, or long gun.
(12)
“Firearms instructor” means an individual certified by the Commission according to the requirements established under COMAR 12.04.06 to perform firearms classroom instruction and conduct firearms training and qualification.
(13)
“Firing line” means those areas and positions from which an individual actually discharges a firearm with live ammunition for training or qualification, or both, as part of a course of fire.
(14)
Firing Line Controller.
(a)
“Firing line controller” means the line instructor or firearms instructor responsible for issuing commands on a firing line during firearms training and qualification.
(b)
“Firing line controller” includes a line instructor actually on the firing line or in a structure overseeing the firearms training and qualification conducted on the firing line.
(15)
Handgun.
(a)
“Handgun” has the meaning stated in Public Safety Article, §5-101, Annotated Code of Maryland.
(b)
“Handgun” includes a:
(i)
Pistol; and
(ii)
Revolver.
(16)
Iron Sight.
(a)
“Iron sight” means a system of shaped alignment markers, typically metal or plastic that are used as a sighting device to assist an individual in aiming a firearm.
(b)
“Iron sight” does not mean an optical, computing, red dot, or reflex style sighting device.
(17)
“Judgmental or decision training” means instruction and skills development conducted in the classroom, using firearms simulation, or on a firing line, to enable an individual to:
(a)
Differentiate between threat levels; and
(b)
Respond appropriately to an identified threat.
(18)
Law Enforcement Agency.
(a)
“Law enforcement agency” has the meaning stated in Public Safety Article, §3-201, Annotated Code of Maryland.
(b)
“Law enforcement agency” includes an academy, personnel unit, or training unit authorized by the Commission to act in training matters or provide law enforcement training.
(19)
Line Instructor.
(a)
“Line instructor” means an individual certified by the Commission according to the requirements established under 12.04.06 to conduct law enforcement firearms training and qualification on a firing line.
(b)
“Line instructor” may not perform classroom instruction.
(20)
Long Gun.
(a)
“Long gun” means a firearm designed to be fired from the shoulder.
(b)
“Long gun” includes a:
(i)
Type 1 long gun;
(ii)
Type 2 long gun;
(iii)
Type 3 long gun; and
(iv)
Type 4 long gun.
(21)
Optical Sighting Device.
(a)
“Optical sighting device” means an optic mechanism that assists an individual in sighting a firearm by enhancing or magnifying the image of the target and superimposing a reticle, or an aligned aiming point, over the image.
(b)
“Optical sighting device” does not include an iron sight or a red dot sight.
(22)
“Pistol” means a handgun that operates semi-automatically:
(a)
Discharging a single round of ammunition with a pull of the trigger;
(b)
Clearing the chamber of the spent casing; and
(c)
Loading the next round of ammunition in the chamber.
(23)
“Police officer” has the meaning stated in Public Safety Article, §3-201, Annotated Code of Maryland.
(24)
“Power” means a measurement used to describe levels of visual magnification, with a number representing the level of magnification above the normal visual range.
(25)
“Primary handgun” means the handgun authorized or issued by a law enforcement agency and designated by that agency for a police officer to use or carry as the officer's principal handgun.
(26)
“Qualification” means proficiency testing by discharging a firearm on a Commission-approved course of fire to receive a score that the Commission measures against established requirements to determine if the individual is authorized to use or carry a specific firearm.
(27)
Red Dot Sight.
(a)
“Red dot sight” means a generic term to describe a visual, computing, or reflex sighting device that reflects a reticle, or an aligned aiming point that can be any shape or color, onto a combining glass for superimposition on a target.
(b)
“Red dot sight” does not include an optical sighting device or an iron sight.
(28)
Reduced Light.
(a)
“Reduced light” means the normal outdoor lighting conditions that exist between dusk and dawn.
(b)
“Reduced light” includes simulated natural outdoor lighting conditions such as:
(i)
Artificial light; or
(ii)
Goggles, headgear, or an apparatus worn to cover the eyes designed to reduce the availability of light to simulate natural reduced lighting conditions.
(29)
“Revolver” means a handgun that:
(a)
Fires a single round of ammunition with each pull of the trigger; and
(b)
Has a cylinder containing additional rounds of ammunition that rotates to position the next round of ammunition for firing.
(30)
“Secondary handgun” means a handgun, other than a primary handgun, that a police officer is authorized by the officer's law enforcement agency to use or carry on-duty or off-duty.
(31)
“Strong hand” means the hand:
(a)
On the same side of the body where an individual would normally carry a handgun in a holster; and
(b)
That the individual would primarily use to discharge a firearm.
(32)
Training.
(a)
“Training” means a demonstration or an exercise, in addition to classroom instruction, provided by an individual certified under COMAR 12.04.06, to enhance understanding, proficiency, marksmanship, and other skills related to proper firearm use and tactics such as movement, multiple targets, judgmental or decision training, and use of cover and concealment.
(b)
“Training” may include drills that involve discharging rounds.
(33)
“Type 1 long gun” means a long gun with an optical sighting device greater than 4 power intended for use as a counter-sniper firearm.
(34)
“Type 2 long gun” means a long gun with an optical sighting device greater than 4 power intended for use other than as a counter-sniper firearm.
(35)
“Type 3 long gun” means a long gun without an optical sighting device, or with an optical sighting device of 4 power or less.
(36)
Type 4 Long Gun.
(a)
“Type 4 long gun” means a long gun manufactured and sold as a shotgun that is designed to discharge a single projectile or multiple projectiles from a single round of ammunition.
(b)
“Type 4 long gun” includes a long gun manufactured and sold as a shotgun regardless of the:
(i)
Action; or
(ii)
Use of an optical sighting device.
(37)
“Weak hand” means the hand that is not considered the strong hand.
Regulation .03 General Requirements — Authorized Firearms Classroom Instruction, Training, and Qualification, and Firing Line Supervision.LinkCopy Citation
A.
Handgun and Firearms Classroom Instruction, Training, and Qualification Requirements — General.
(1)
A police officer may not use or carry a firearm unless:
(a)
The firearm and any attached devices or equipment are approved by the police officer's law enforcement agency;
(b)
The law enforcement agency authorizes the police officer to use or carry the firearm; and
(c)
The police officer successfully completes the applicable firearms classroom instruction, training, and qualification for the firearm established under this chapter.
(2)
If a firearm becomes defective or unavailable to a police officer during firearms training or qualification, a substitute firearm may be used for the firearms training or qualification if the substitute firearm is the same type, model, manufacture, caliber, and barrel length as the defective or unavailable firearm.
(3)
All handguns must be equipped with usable iron sights whether used as the primary sighting device or as a back-up, secondary sighting device.
(4)
Entrance-Level Firearms Classroom Instruction, Training, and Qualification.
(a)
For an individual to be initially authorized to use or carry a firearm, except a secondary handgun or a firearm for which authorization is provided through conversion under Regulation .09 of this chapter, the individual shall successfully complete entrance-level firearms classroom instruction, training, and qualification required for the firearm established under this chapter.
(b)
Entrance-level firearms classroom instruction, training, and qualification may be:
(i)
Included in entrance-level law enforcement classroom instruction, training, and qualification under COMAR 12.04.01; or
(ii)
Independent of entrance-level law enforcement classroom instruction, training, and qualification.
(c)
Commission firearms training objectives required for the entrance-level firearms classroom instruction, training, and qualification are available from the Commission upon written request.
(5)
Secondary Handgun.
(a)
Before a police officer may use or carry a secondary handgun, the police officer shall successfully complete entrance-level classroom instruction, training, and qualification for a primary handgun established under Regulation .04 of this chapter.
(b)
After completing entrance-level classroom instruction, training, and qualification with a primary handgun, a police officer shall successfully complete the following requirements for the secondary handgun:
(i)
Annual handgun classroom instruction, training, and qualification course of fire requirements if the secondary handgun is the same type as the officer's primary handgun and the officer's agency does not require handgun conversion for the secondary handgun under Regulation .09 of this chapter; or
(ii)
Handgun conversion classroom instruction, training, and qualification requirements under Regulation .09 of this chapter for the secondary handgun if the secondary handgun is a different type than the officer's primary handgun.
B.
Firing Line Supervision Requirements — General.
(1)
At least one provisional instructor, line instructor, or firearms instructor shall be present for every five or fewer individuals on the firing line.
(2)
If more than one provisional instructor, line instructor, or firearms instructor is required to be present, the individual responsible for the firearms training and qualification shall designate a firearms instructor or line instructor to supervise the firing line.
(3)
If more than 15 individuals are on the firing line:
(a)
The individual responsible for the firearms training and qualification shall assign a firing line controller; and
(b)
The firing line controller may not be counted as part of the one-to-five ratio required under this regulation.
C.
Firearms Classroom Instruction, Training, and Qualification Approval and Minimum Hours.
(1)
Commission Approval.
(a)
Written approval by the Commission is required for firearms classroom instruction, training, and qualification.
(b)
A law enforcement agency requesting approval shall submit the request to the Commission 20 days before the agency plans to start the classroom instruction, training, or qualification.
(2)
The minimum hours required for firearms classroom instruction, training, and qualification established under this chapter:
(a)
Only include the actual hours of firearms classroom instruction, training, and qualification; and
(b)
Do not include meals and breaks.
Regulation .04 Entrance-Level Firearms Classroom Instruction, Training, and Qualification — Primary Handgun.LinkCopy Citation
A.
An individual shall successfully complete the minimum requirements for entrance-level handgun classroom instruction, training, and qualification established under this regulation before using or carrying a primary handgun.
B.
Except as required in §C of this regulation, the minimum entrance-level classroom instruction, training, and qualification for a primary handgun includes:
(1)
35 hours of classroom instruction, training, and qualification;
(2)
Classroom instruction topics marked with an “X” under Entrance-Level Handgun Training in the table under Regulation .10B of this chapter;
(3)
The following activities conducted over a minimum of three calendar days:
(a)
Firearms training exercises; and
(b)
A course of fire for qualification for scoring that includes:
(i)
Three consecutive day-fire courses of fire; and
(ii)
One reduced light course of fire;
(4)
Use of ammunition authorized by the individual's law enforcement agency, or the ballistic equivalent when firing for qualification;
(5)
Discharging a minimum of 1,000 rounds of ammunition for firearms training and qualification collectively; and if the primary sighting device is a red dot sight then a minimum of 20 percent of the rounds must be fired using the firearm's iron sight; and
(6)
The course of fire requirements outlined in the table under Regulation .05 of this chapter.
C.
The following requirements shall be imposed if the handgun is equipped with a red dot sight:
(a)
At least one of the three consecutive day-fire courses must be fired with the iron sight; and
(b)
One reduced light course will be fired with each of the handgun's sighting devices.
Regulation .05 Course of Fire Requirements for Handgun Qualification.LinkCopy Citation
The following table establishes the minimum entrance-level, annual, and conversion courses of fire requirements for primary handgun qualification:
| Type of Requirement | Handgun Day-Fire Required Course of Fire for Qualification |
Handgun Reduced Light Required Course of Fire for Qualification |
|---|---|---|
| (1) Rounds to be discharged with one finger on the trigger | Minimum of 30 rounds on each course of fire | Minimum of 30 rounds on the course of fire |
| (2) Minimum passing score | 70 percent on each of the three successive courses of fire | 70 percent |
| (3) Target description | Depiction of human torso or silhouette marked to indicate scoring values in a maximum scoring area of 725 square inches | Depiction of human torso or silhouette marked to indicate scoring values in a maximum scoring area of 725 square inches. |
| (4) Required percentages of rounds to be fired, and required firing distances | A minimum of 10 percent, but not more than 40 percent, of the course of fire rounds shall be discharged at each of the following four range of distances: (a) Less than 5 yards; (b) 5 yards to less than 10 yards; (c) 10 to less than 25 yards; and (d) 25 yards or farther. |
A minimum of 10 percent, but no more than 40 percent, of the course of fire rounds shall be discharged at each of the following three range of distances: (a) Less than 5 yards; (b) 5 yards to less than 15 yards; and (c) 15 yards or farther |
| (5) Maximum time permitted per round of ammunition fired at specified distances | (a) 2 seconds per round when firing at less than 5 yards; (b) 3 seconds per round when firing at 5 yards to less than 10 yards; (c) 4 seconds per round when firing at 10 yards to less than 25 yards; (d) 5 seconds per round when firing at 25 yards, or farther |
(a) 2 seconds per round when firing at less than 5 yards; (b) 3 seconds per round when firing at 5 yards to less than 15 yards; (c) 4 seconds per round when firing at 15 yards, or farther |
| (6) Maximum time permitted to move from one specified firing position to the next | 5 seconds | 5 seconds |
| (7) Maximum time permitted for each instance of reloading the handgun during the course of fire | Revolver—17 seconds Pistol—8 seconds |
Revolver—17 seconds Pistol—8 seconds |
| (8) Minimum requirements for holding the handgun while discharging rounds during the course of fire | (a) Strong hand supported by weak hand; (b) Strong hand with no support; (c) Weak hand supported by strong hand; and (d) Weak hand with no support |
(a) Strong hand supported by weak hand; (b) Strong hand with no support; (c) Weak hand supported by strong hand; and (d) Weak hand with no support |
| (9) Minimum body positions from which rounds are to be fired during the course of fire | (a) Standing; (b) Kneeling; and (c) Two different positions from barricade |
(a) Standing; and (b) Kneeling |
| (10) Supplemental lighting conditions suggested during course of fire | Not Applicable | At least one of the following: (a) Flares; (b) Street lights; (c) Vehicle lights; (d) Flashlights; (e) Vehicle emergency lights; or (f) Alternate lighting source |
Regulation .06 Entrance-Level Firearms Classroom Instruction, Training, and Qualification — Long Guns.LinkCopy Citation
A.
An individual shall successfully complete the minimum requirements for entrance-level long gun classroom instruction, training, and qualification established under this regulation before using or carrying a long gun.
B.
The minimum requirements for entrance-level long gun classroom instruction, training, and qualification include:
(1)
Classroom instruction topics marked with an “X” under the column for Entrance-Level Long Gun Training on the table under Regulation .10B of this chapter;
(2)
The following total hours of classroom instruction, training, and qualification for a:
(a)
Type 1 long gun, 35 hours;
(b)
Type 2 long gun, 35 hours;
(c)
Type 3 long gun, 14 hours; and
(d)
Type 4 long gun, 7 hours;
(3)
Discharging the following number of rounds of ammunition at a target for training and qualification for a:
(a)
Type 1 long gun, 150 rounds;
(b)
Type 2 long gun, 350 rounds;
(c)
Type 3 long gun, 350 rounds; and
(d)
Type 4 long gun, 50 rounds; and
(4)
Successfully completing qualification requirements on a day-fire course of fire for the specific type of long gun established in the table under Regulation .07A of this chapter.
Regulation .07 Course of Fire Requirements for Long Gun Qualification.LinkCopy Citation
A.
A Type 1 and Type 2 long gun qualification may only be conducted using agency approved ammunition.
B.
A Type 3 and Type 4 long gun qualification may be conducted using agency approved ammunition or the ballistic equivalent as defined and authorized by the individual’s agency.
C.
The following table establishes the minimum requirements for entrance-level, annual, and conversion courses of fire for type 1 through type 4 long gun qualification:
Regulation .08 Annual Firearms Classroom Instruction, Training, and Qualification Requirements.LinkCopy Citation
A.
General Requirements — All Firearms.
(1)
During each calendar year, a police officer shall successfully complete the following:
(a)
Classroom instruction for each firearm type the police officer is authorized to use or carry;
(b)
Training for each firearm the police officer is authorized to use or carry; and
(c)
Qualification for each firearm the police officer is authorized to use or carry.
(2)
Annual Classroom Instruction.
(a)
A police officer shall complete a minimum of 2 hours of classroom instruction as part of the requirements established under this regulation.
(b)
Classroom instruction shall include the classroom instruction topics marked with an “X” under Annual Firearms Training in the table under Regulation .10B of this chapter.
(c)
The Commission may accept up to 2 hours of a police officer's annual firearms classroom instruction as part of a police officer's annual in-service training required under COMAR 12.04.01.
B.
Annual Handgun Requirements — Training and Qualification.
(1)
Required Firearms Training — Primary Handgun.
(a)
A police officer shall annually discharge a minimum of 30 rounds of ammunition approved by the police officer's law enforcement agency, or the ballistic equivalent, for training with the police officer's primary handgun.
(b)
Training drills to improve the police officer's skills may be incorporated into a course of fire.
(c)
Training may not include practicing the actual course of fire used for qualification.
(2)
Course of Fire for Qualification — Primary and Secondary Handgun.
(a)
For each handgun a police officer is authorized to use or carry, with one finger on the trigger the police officer shall discharge a minimum of 30 rounds of ammunition using ammunition authorized by the police officer's agency, or the ballistic equivalent, on each of the following:
(i)
One day-fire course of fire;
(ii)
One reduced light course of fire; and
(iii)
If the handgun is equipped with a red dot sight, a one-day course of fire and a one-day reduced light course shall be fired with both the iron sights as well as the red dot sight.
(b)
Police officer annual course of fire for qualification consists of requirements 3 through 10 in the Course of Fire Requirements for Handgun table under Regulation .05 of this chapter.
(c)
A minimum score of 70 percent is required on both a day-fire and a reduced light course of fire for qualification for each handgun for which annual certification to be a police officer is required by COMAR 12.04.01.12.
C.
Annual Long Gun Requirements — Firearms Training and Qualification.
(1)
Firearms training for each long gun a police officer is authorized to use or carry consists of demonstrations to familiarize a police officer with the nomenclature, operation, safety, care, and cleaning of the specific long gun type.
(2)
Course of Fire for Annual Long Gun Qualification.
(a)
During each calendar year, a police officer authorized to use or carry a specific type of long gun shall successfully complete the course of fire requirements for qualification for the specific long gun, as described in this subsection.
(b)
Type 1 Long Gun Qualification. Annual firearms qualification requires a police officer to successfully complete four courses of fire for qualification, one during each quarter of a calendar year, for the specific type of long gun the police officer is authorized to use or carry according to the requirements established in the Course of Fire Requirements for Long Gun Qualification table under Regulation .07 of this chapter.
(c)
Type 2 and Type 3 Long Gun Qualification. Annual firearms qualification requires a police officer to successfully complete two courses of fire for qualification, one during each half of the calendar year, for the specific type of long gun the police officer is authorized to use or carry according to the requirements established in the Course of Fire Requirements for Long Gun Qualification table under Regulation .07 of this chapter.
(d)
Type 4 Long Gun Qualification. Annual firearms qualification requires a police officer to successfully complete one course of fire for qualification, each calendar year, for the specific type of long gun the police officer is authorized to use or carry according to the requirements established in the table under Regulation .07A of this chapter.
D.
Reporting Firearm Qualification Scores to the Commission. By January 31 of the calendar year immediately following firearms qualification, an agency head shall submit to the Commission a police officer's required firearms qualification score for each firearm the police officer is authorized to use or carry.
E.
Failure to Meet Commission Annual Firearms Classroom Instruction, Training, and Qualification Requirements.
(1)
If a police officer fails to successfully complete Commission annual firearms classroom instruction, training, and qualification requirements for an authorized firearm within a calendar year, the agency head:
(a)
Shall remove the firearm, or authorization to use or carry the firearm if personally owned, from the police officer by January 1 of the next calendar year; and
(b)
May not return or authorize the police officer to use or carry the firearm until the police officer successfully completes the appropriate firearms classroom instruction, training, and qualification required under this chapter.
(2)
Failure to Qualify with a Firearm.
(a)
A police officer who fails an annual firearms qualification required under Regulation .08 of this chapter shall successfully complete qualification within:
(i)
30 consecutive calendar days of the initial attempt; and
(ii)
The same calendar year as the initial attempt.
(b)
If a police officer does not successfully meet qualification requirements within the period established under §E(2)(a) of this regulation, the police officer's agency head shall immediately:
(i)
Report to the Commission the police officer's failure to qualify;
(ii)
Require the police officer to surrender the firearm to the agency, if it was issued by the agency; and
(iii)
Withdraw the police officer's authority to use or carry the firearm, if personally owned.
(3)
A police officer may not use or carry a firearm that has been surrendered or for which authority to carry or use has been withdrawn, except during supervised training to meet the police officer's annual firearms training and qualification for the firearm required under this regulation.
Regulation .09 Firearms Conversion — Classroom Instruction, Training, and Qualification.LinkCopy Citation
A.
A police officer who has successfully completed entrance-level firearms classroom instruction, training, and qualification for a specific type of firearm, who is also required or requesting to use or carry a firearm with a red dot sight or of a different type for which the police officer has qualified, shall successfully complete:
(1)
Firearms conversion classroom instruction, training, and qualification requirements established under this regulation for the different firearm type; or
(2)
Entrance-level classroom instruction, training, and qualification established under this chapter for the different firearm.
B.
A police officer shall successfully complete firearms conversion requirements under this regulation before being authorized to use or carry a different type of firearm if the police officer is currently authorized to use or carry a:
(1)
Primary handgun type and is seeking authorization to use or carry a handgun of a different type as a primary handgun;
(2)
Primary handgun type and is required or requesting to add a red dot sight;
(3)
Type 1 long gun, and is seeking authorization to use or carry a type 2 or 3 long gun; or
(4)
Type 2 long gun, and is seeking authorization to use or carry a type 3 long gun.
C.
Conversion Classroom Instruction, Training, and Qualification for Primary Handgun and Long Gun within the Same Type.
(1)
Except for provisions under §C(2) of this regulation, a police officer is not required to complete firearms conversion classroom instruction, training, and qualification under this regulation before the police officer is authorized to use or carry a primary handgun or a long gun that is the same type that the police officer is currently authorized to use or carry.
(2)
A police officer is required to complete firearms conversion classroom instruction, training, and qualification under this regulation before the police officer is authorized to use or carry a primary handgun or a long gun that is the same type that the police officer is currently authorized to use or carry if the police officer's agency determines:
(a)
There is a difference in operation between the firearms; and
(b)
Conversion classroom instruction, training, and qualification are warranted to ensure safe and effective use of the firearm.
D.
Primary Handgun Conversion — Classroom Instruction, Training, and Qualification.
(1)
If a police officer is required to complete conversion classroom instruction, training, and qualification according to §B or C(2) of this regulation, the police officer shall successfully complete:
(a)
For a different type primary handgun, the classroom instruction topics marked with an “X” for Handgun Conversion Training — Different Type Handgun in the table under Regulation .10B of this chapter;
(b)
For a handgun within the same type, the classroom instruction topics marked with an “X” for Handgun Conversion Training — Within a Handgun Type in the table under Regulation .10B of this chapter; or
(c)
For adding a red dot sight, the classroom instruction topics marked with an “X” for Handgun Conversion Training — Red Dot Sight.
(2)
Course of Fire.
(a)
If a police officer is required to complete conversion classroom instruction, training, and qualification according to §B or C(2) of this regulation, with one finger on the trigger the police officer shall discharge a minimum of 30 rounds of ammunition for each course of fire required for conversion qualification.
(b)
Ammunition used for a required course of fire for conversion qualification shall be ammunition that is:
(i)
Authorized by the police officer's law enforcement agency; or
(ii)
The ballistic equivalent of the ammunition authorized by the police officer's law enforcement agency.
(c)
The required course of fire for conversion qualification shall be completed according to requirements 3 through 10 of the table under Regulation .05 of this chapter.
(3)
The following table specifies the minimum requirements for classroom instruction, training, and qualification for primary handgun conversion:
E.
Long Gun Authorization for which Conversion Training is Permitted.
(1)
Before a police officer may participate in conversion classroom instruction, training, and qualification for a long gun, the police officer shall currently be authorized to use or carry a:
(a)
Type 1 long gun, if conversion is for another type 1 long gun, a type 2 long gun, or a type 3 long gun;
(b)
Type 2 long gun, if conversion is for another type 2 long gun or a type 3 long gun; or
(c)
Type 3 long gun, if conversion is for another type 3 long gun.
(2)
A police officer converting from one type of long gun to another type of long gun not listed under §E(1) of this regulation shall successfully complete entrance-level firearms classroom instruction, training, and qualification for the long gun to which the police officer is converting.
F.
Long Gun Conversion — Classroom Instruction, Training, and Qualification.
(1)
Long gun conversion classroom instruction shall, at a minimum, include the Classroom Instruction Topics marked with an “X” under Firearms Conversion Training—Long Gun in the table under Regulation .10B of this chapter.
(2)
Long gun conversion classroom instruction, training, and qualification shall, at a minimum, meet the applicable criteria in the following table:
(3)
The course of fire for long gun conversion qualification shall meet the requirements specified for the type of long gun established in the table under Regulation .07A of this chapter.
G.
Crediting Conversion Classroom Instruction, Training, and Qualification Toward Annual Training.
(1)
A law enforcement agency may use the following conversion training toward a police officer's annual firearms classroom instruction, training, and qualification requirements for the specific firearm used in the conversion training conducted in the same calendar year:
(a)
One day-fire conversion qualification score; and
(b)
One reduced light conversion qualification score.
(2)
If firearms conversion classroom instruction is less than 14 hours, a law enforcement agency may use a maximum of 2 hours of the firearms conversion classroom instruction toward meeting a police officer's annual firearms classroom instruction requirements in the same calendar year the conversion training was conducted.
(3)
If firearms conversion classroom instruction is 14 hours or more, a law enforcement agency may use a maximum of 6 hours of the firearms conversion classroom instruction toward meeting a police officer's annual firearms classroom instruction requirements for the same calendar year the conversion training was conducted.
Regulation .10 Classroom Instruction Requirements.LinkCopy Citation
A.
The table in §B of this regulation establishes minimum required classroom instruction topics for firearms classroom instruction.
B.
An “X” in the following table indicates that the corresponding classroom instruction topic is required for the specified type of training:
C.
Legal aspects in the use of firearms, at a minimum, shall include:
(1)
Rules for the use of deadly force;
(2)
Alternatives to the use of deadly force;
(3)
Emotional, mental, and psychological preparation needed for the possibility of a deadly force shooting situation;
(4)
Judgmental or decision training on the use of deadly force; and
(5)
Criminal, civil, and administrative liability for misuse of deadly force.
D.
Safe handling and safe storage of firearms, at a minimum, shall address safe handling and safe storage in the following settings:
(1)
At home;
(2)
In a law enforcement facility;
(3)
On the firing line; and
(4)
On patrol.
Chapter 03. General Hearing Regulations
Regulation .01 Scope.LinkCopy Citation
A.
These regulations apply to administrative hearings before the Police Training Commission (Commission), where issues concerning the legal rights, duties, statutory entitlements, or privileges of specific parties are decided as required by law or constitutional right.
B.
These regulations do not apply to:
(1)
An employee grievance hearing;
(2)
An informal investigation;
(3)
A Commission action on an application for certification or recertification as a police officer;
(4)
A decision made by the Executive or Deputy Director pursuant to authority delegated by the Commission;
(5)
A decision to conduct or not to conduct a hearing; or
(6)
A proceeding where a hearing is not required by law.
Regulation .02 General Provisions.LinkCopy Citation
A.
A hearing conducted by the Commission is subject to the provisions of the Administrative Procedure Act.
B.
The Commission may conduct a hearing only if a majority of the Commission's authorized membership is present.
Regulation .03 Parties—Representation.LinkCopy Citation
A.
A party to a hearing includes an individual or agency that the Commission names or designates or who is entitled to be a party to a hearing.
B.
A party may be represented by counsel at a hearing.
Regulation .04 Notice of Hearing.LinkCopy Citation
A.
The Commission shall provide all parties with written notice of a hearing at least 10 business days before the scheduled hearing date.
B.
A written notice shall comply with State Government Article, §§10-207 and 10-208 and include:
(1)
The date, time, and place of the hearing;
(2)
A brief explanation of the allegations and issues;
(3)
Citations of relevant law or regulation; and
(4)
A copy of COMAR 12.04.03.
Regulation .05 Postponements.LinkCopy Citation
A.
The presiding officer may postpone a hearing upon a written request of any party, if the:
(1)
Presiding officer receives the request at least 3 business days before the scheduled hearing date; and
(2)
Request establishes good cause for the postponement as determined by the presiding officer.
B.
Absent a postponement request, the presiding officer may postpone the hearing for good cause.
Regulation .06 Presiding Officer—Duties.LinkCopy Citation
A.
The Commission chairman, or a designee, shall be the presiding officer who shall:
(1)
Be in charge of the hearing;
(2)
Permit the examination of witnesses;
(3)
Rule on the admissibility of evidence;
(4)
Decide the order in which parties may testify, present evidence, or present argument;
(5)
Adjourn or recess the hearing from time to time;
(6)
Decide if a party is required to submit a written brief or motion supporting the party's position and establish deadlines for submissions;
(7)
Reschedule the hearing if a majority of the Commission is not present; and
(8)
Maintain a record of the hearing as required under State Government Article, §10-218, Annotated Code of Maryland.
B.
The presiding officer shall determine that a party:
(1)
Has been informed of the nature of the proceedings;
(2)
Understands the language and intent of these regulations; and
(3)
Is cognizant of the rights under applicable statutes upon which the subject of the hearing is conducted as well as rights under these regulations.
C.
If the presiding officer is not satisfied that a party is fully informed as to these matters, the presiding officer shall note this on the record.
D.
The presiding officer when deciding the case or issuing an order pursuant to the provisions of these regulations and of law shall inform the party of the right to appeal a decision or order and the methods and procedures for making that appeal.
E.
The presiding officer may:
(1)
Examine witnesses;
(2)
Call witnesses; and
(3)
Request the Office of the Attorney General to provide counsel to the Commission and to Commission staff who may be presenting evidence at the hearing.
Regulation .07 Attendance.LinkCopy Citation
A.
If a party fails to appear for the hearing and the presiding officer has reason to believe the party received notice of the hearing, the presiding officer may:
(1)
Proceed with the hearing based on the information available; or
(2)
Reschedule the hearing.
B.
A party may waive the right to appear for the hearing.
Regulation .08 Hearing Procedures—Testimony and Evidence.LinkCopy Citation
A.
The introduction of evidence at a hearing shall comport with procedures under State Government Article, §10-213, Annotated Code of Maryland.
B.
When a party is represented by counsel, only counsel may submit evidence, question witnesses and file objections, exceptions, and motions on behalf of the party.
C.
A party testifying shall be under oath administered by an individual authorized by the presiding officer.
D.
The presiding officer shall require the following oath be used, “Do you solemnly swear or affirm under the penalties of perjury that the responses given and statements made will be the truth, the whole truth, and nothing but the truth?”
E.
The burden of proof is on the party bringing the issue before the Commission.
F.
The standard of proof is a preponderance of evidence.
G.
A party may submit a brief, or the presiding officer may order that a brief be submitted, concerning the issues of fact and law involved in the hearing. The presiding officer shall determine:
(1)
The form for the brief; and
(2)
Submission deadlines.
Regulation .09 Decisions and Orders.LinkCopy Citation
A.
A decision by the Commission shall be made by a majority of the members present at the hearing.
B.
The presiding officer shall prepare the Commission's final decision and order in writing that includes findings of fact and conclusions of law that are based exclusively on testimony, evidence, and other matters that are a part of the hearing record.
C.
The Commission shall deliver or mail a copy of the decision and order and accompanying findings and conclusions to each party or the party's counsel of record.
D.
Unless specified otherwise, orders of the presiding officer or the Commission shall be immediately implemented.
Regulation .10 Request for Reconsideration.LinkCopy Citation
A.
A party may request reconsideration of a final decision by the Commission.
B.
A request for reconsideration shall:
(1)
Be in writing;
(2)
Be received by the presiding officer issuing the decision not later than 10 days after receipt of the final decision or order by the party or the party's counsel of record; and
(3)
State in detail the grounds for the request.
C.
Within a reasonable period following receipt of the request for reconsideration, the presiding officer, with input from the Commission members hearing the case, shall either grant or deny the request.
D.
The presiding officer shall mail the decision on the request for reconsideration under §C(4) of this regulation to the individual making the request.
E.
At the discretion of the Commission, a request for reconsideration may stay enforcement of the order until disposition of the request or subsequent action based on that request.
F.
Submitting a request for reconsideration does not stay the time requirements for filing an appeal.
Regulation .11 Transcripts of Hearing Records.LinkCopy Citation
A.
The Commission is not required to provide a transcript of the hearing record.
B.
A party may obtain a complete or partial transcript if the party:
(1)
Makes a written request for a transcript to the presiding officer; and
(2)
Agrees to pay the costs of and make arrangements for a transcript.
Regulation .12 Judicial Appeal.LinkCopy Citation
A party aggrieved by the Commission's final decision, or by an interlocutory order, is entitled to judicial review as provided in State Government Article, §10-222, Annotated Code of Maryland, or any other applicable provision of law.
Chapter 04. Minimum Standards for Certified Firearms Safety Training
Regulation .01 Scope.LinkCopy Citation
This chapter applies to:
A.
An individual who is required by law to attend a certified firearms safety training course in order to purchase, rent, or transfer a regulated firearm;
B.
A person seeking certification from the Commission to offer certified firearms safety training under this chapter;
C.
A firearms safety training course approved by the Commission; and
D.
A firearms safety instructor certified by the Commission.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Certified firearms safety instructor” means an individual certified under this chapter to conduct a certified firearms safety training course.
(2)
“Certified firearms training course” means an instructional program approved by the Commission to teach the safe handling of a regulated firearm.
(3)
“Commission” means the Police Training Commission or an employee authorized to act in its behalf.
(4)
“Deputy Director” means the Deputy Director of the Police and Correctional Training Commissions, or a designee.
(5)
“Police officer” has the meaning stated in Public Safety Article, §3-201(e), Annotated Code of Maryland.
(6)
“Regulated firearm” has the meaning stated in Public Safety Article, §5-101, Annotated Code of Maryland.
Regulation .03 Certified Firearms Safety Instructor.LinkCopy Citation
A.
A firearms safety instructor shall be certified in order to conduct a certified firearms safety training course under this chapter.
B.
Requirements for a Certified Firearms Safety Instructor. An individual is eligible to conduct a certified firearms safety training course if the individual is:
(1)
A certified police officer who has completed:
(a)
Commission requirements for entrance-level firearms training; and
(b)
Probationary employment requirements as a police officer; or
(2)
Certified to conduct a certified firearms safety training course by:
(a)
The Commission;
(b)
The Department of Natural Resources;
(c)
The Department of State Police; or
(d)
A reputable organization having as one of its objectives the promotion of competency and safety in handling handguns.
C.
Commission Certification Procedure. An individual seeking certification as a firearms safety instructor under §B(2)(a) of this regulation shall:
(1)
Submit a request for certification to the Deputy Director for approval; and
(2)
Include a resume or other documentation indicating the individual's qualification to conduct the certified firearms safety training course.
Regulation .04 Certified Firearms Safety Training Course.LinkCopy Citation
A.
Commission approval is required for a certified firearms safety training course designed to meet the requirements specified under Public Safety Article, §3-208, Annotated Code of Maryland.
B.
A certified firearms safety training course shall include the following elements:
(1)
A handgun safety component;
(2)
Safe handling of a regulated firearm;
(3)
Rendering a regulated firearm safe;
(4)
Safe carrying and transporting of a regulated firearm;
(5)
Security and storage of a regulated firearm; and
(6)
Restricting access to a regulated firearm by an individual:
(a)
Younger than 21 years old; or
(b)
Not legally permitted to possess a regulated firearm.
C.
A certified firearms safety training course shall:
(1)
Be approved by the Commission;
(2)
Have a handgun safety component; and
(3)
Be conducted by a certified firearms safety instructor.
D.
If the certified firearms safety training course is offered by the Commission, it:
(1)
Shall:
(a)
Be presented by a certified firearms safety instructor;
(b)
Be open to all individuals required by law to complete a certified firearms safety training course;
(c)
Be offered at least weekly in all geographic areas of Maryland after regular business hours;
(d)
Require attendance throughout the duration of the course for successful completion; and
(e)
Be free of charge to all individuals seeking to take the course; and
(2)
May not:
(a)
Be more than 2 hours in length; and
(b)
Include a test, examination, or other measure of comprehension.
E.
Commission Approval Procedure. A person seeking approval for a certified firearms safety training course under this regulation shall:
(1)
Submit a request for approval to the Deputy Director; and
(2)
Include a description of the course to be presented.
F.
Documentation of Completion.
(1)
The certified firearms safety instructor shall provide to each individual attending the certified firearms safety training course a certificate of completion.
(2)
The certificate of completion shall contain the following information:
(a)
Full name of the individual attending the course;
(b)
Address of the individual;
(c)
Date and location of the training course; and
(d)
Name of the certified firearms safety instructor.
(3)
The certified firearms safety instructor shall forward a list of all individuals attending the certified firearms safety training course to the Commission within 2 weeks.
Chapter 05. Electronic Control Device Training
Regulation .01 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Annual in-service training curriculum” means a course of study approved by the Commission that meets the requirements established for electronic control device classroom instruction, written examination, and practical exercise and is conducted as part of police officer annual in-service training and qualification under COMAR 12.04.01.12.
(2)
“Commission” means the Police Training Commission or a representative authorized to act on behalf of the Commission.
(3)
“Electronic control device” has the meaning stated in Criminal Law Article, §4-109, Annotated Code of Maryland.
(4)
“Initial training course curriculum” means a course of study approved by the Commission that meets the requirements established for electronic control device classroom instruction, written examination, and practical exercise that an individual shall successfully complete before the individual may be authorized to carry or use an electronic control device.
(5)
“Law enforcement agency” has the meaning stated in Public Safety Article, §3-201, Annotated Code of Maryland.
(6)
“Police officer” has the meaning stated in Public Safety Article, §3-215, Annotated Code of Maryland.
Regulation .02 Minimum Requirements.LinkCopy Citation
A.
This chapter establishes minimum police officer training requirements related to the use of an electronic control device.
B.
A law enforcement agency may adopt police officer training requirements related to use of an electronic control device in addition to Commission requirements under this chapter.
C.
A police officer may not carry or use an electronic control device as part of the police officer's official law enforcement duties before the police officer's law enforcement agency has:
(1)
Approved each specific manufacturer's model of an electronic control device used as part of the police officer's duties;
(2)
Certified to the Commission, on forms or in a manner determined by the Commission, that the police officer has successfully completed Commission training requirements established under this chapter for each specific manufacturer's model of an electronic control device approved by the law enforcement agency, which, at a minimum, include:
(a)
Classroom instruction;
(b)
A written examination; and
(c)
Practical exercises demonstrating proficiency in the use of the specific manufacturer's model of an electronic control device; and
(3)
Determined that the police officer has received adequate training demonstrating the ability to safely and effectively use each specific manufacturer's model of an electronic control device the police officer is authorized to carry or use.
Regulation .03 Police Officer Electronic Control Device Initial Training Course Curriculum.LinkCopy Citation
A.
A police officer is not required to complete an electronic control device initial training course curriculum under this regulation if:
(1)
The police officer's authorization to use the specific manufacturer's model of an electronic control device is in effect on September 30, 2009 and the law enforcement agency has determined the police officer has:
(a)
Received adequate training on the specific manufacturer's model of an electronic control device; and
(b)
Demonstrated the ability to safely and effectively use the specific electronic control device; or
(2)
The police officer has been authorized to carry or use a specific manufacturer's model of an electronic control device under §A(1) of this regulation and is seeking authorization to carry or use a different manufacturer's model of an electronic control device that the police officer's law enforcement agency has approved and determined:
(a)
There are no significant operational differences between the current and new manufacturer's model of an electronic control device; or
(b)
That the police officer has:
(i)
Received adequate training; and
(ii)
Demonstrated the ability to safely and effectively use the new manufacturer's model of an electronic control device.
B.
Except under §A of this regulation, a police officer shall successfully complete a Commission-approved initial training course curriculum for the specific manufacturer's model of an electronic control device before the officer is authorized to carry or use the electronic control device as part of the police officer's official duties.
C.
A police officer is required to complete an initial training course curriculum if after successfully completing an initial training course curriculum, the police officer has not been authorized to carry or use the approved electronic control device:
(1)
Within 2 years of completing an initial training course curriculum for the specific manufacturer's model of an electronic control device; or
(2)
For 2 or more years and the police officer has not met the annual in-service training curriculum requirement for the specific manufacturer's model of an electronic control device under Regulation .04 of this chapter.
D.
Initial training course curriculum requirements may be completed:
(1)
As part of police officer entrance-level training under COMAR 12.04.01.09; or
(2)
Independent of police officer entrance-level training.
Regulation .04 Electronic Control Device Annual In-Service Training Curriculum.LinkCopy Citation
A.
A police officer authorized to use or carry a specific manufacturer's model of an electronic control device shall successfully complete annual in-service training curriculum for the specific manufacturer's model of an electronic control device.
B.
A police officer who successfully completes an initial training course curriculum for a specific manufacturer's model of an electronic control device during a calendar year is not required to complete an annual in-service training curriculum for the same electronic control device until the next calendar year.
Regulation .05 Electronic Control Device Training Content Requirements.LinkCopy Citation
A.
Minimum Commission-Approved Classroom Instruction Requirements.
(1)
Only a Commission-certified electronic control device instructor may conduct Commission-approved electronic control device classroom training.
(2)
Initial training course curriculum and annual in-service curriculum electronic control device classroom instruction, at a minimum, shall include the following topics related to the specific manufacturer's model of an electronic control device for which the police officer is to be authorized to carry or use:
(a)
Electronic control device:
(i)
Nomenclature;
(ii)
Characteristics;
(iii)
Capabilities;
(iv)
Limitations;
(v)
Maintenance; and
(vi)
Operational principles and technology; and
(b)
Proper electronic control device use addressing:
(i)
Law enforcement agency policy and procedures;
(ii)
Agency and other protocols;
(iii)
Judgment and decision making;
(iv)
Legal considerations;
(v)
Physiological and psychological effects;
(vi)
Target zones;
(vii)
Side effects and individuals with an elevated risk;
(viii)
After-care measures;
(ix)
Defensive measures;
(x)
Potential collateral occurrences; and
(xi)
Safety of transport, storage, and use.
(3)
A police officer shall achieve a minimum passing score of 70 percent on a written examination that tests a police officer's comprehension of the topics required under §A(2) of this regulation.
B.
Minimum Commission-Approved Practical Exercise Requirements.
(1)
Only a Commission-certified electronic control device instructor may conduct Commission-approved electronic control device practical exercises.
(2)
Initial and annual in-service electronic control device practical exercise, at a minimum, requires that a police officer demonstrate skills related to the proper use of the specific manufacturer's model of an electronic control device the police officer carries or uses as part of official duties.
(3)
If applicable to the specific manufacturer's model of an electronic control device, a police officer, at a minimum, shall demonstrate proficiency related to:
(a)
Operational and functionality checks of the device;
(b)
Transition between a firearm and other tactical equipment and the electronic control device;
(c)
Proper carrying and handling;
(d)
Loading and reloading;
(e)
Restraint of an individual subjected to the device; and
(f)
Discharge, if the device is capable of discharging a projectile.
C.
Discharge Requirement.
(1)
During an initial training course curriculum with the specific manufacturer's model of an electronic control device, each police officer shall discharge the device.
(2)
During annual in-service training curriculum with the specific manufacturer's model of an electronic control device, the discharge requirement may be met by the instructor discharging the device to demonstrate to two or more officers rather than each officer personally discharging the device.
Chapter 06. Instructor Training and Certification
Regulation .01 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Commission” means the Maryland Police Training and Standards Commission or a representative authorized to act on behalf of the Commission.
(2)
Course of Fire.
(a)
“Course of fire” means a sequence of activities related to the actual discharge of a firearm on a firing line for training or qualification.
(b)
“Course of fire” does not include firearm classroom instruction.
(3)
“Day fire” has the meaning stated under COMAR 12.04.02.02.
(4)
“Deputy Director” means the Deputy Director of the Police and Correctional Training Commissions, or the Deputy Director’s designee.
(5)
“Firearm” means a pistol, revolver, or long gun.
(6)
Firearm Classroom Instruction.
(a)
“Firearm classroom instruction” means training conducted in a traditional educational setting such as a room with desks, chairs, books, paper, and other educational tools or equipment.
(b)
“Firearm classroom instruction” does not include training conducted on a firing line.
(7)
“Firing line” means an area and position from which an individual actually discharges a firearm with live ammunition for firearms training or qualification, or both, as part of a course of fire.
(8)
Firearms Training,
(a)
“Firearms training” means a demonstration or an exercise, in addition to firearm classroom instruction, that is provided:
(i)
By an individual certified under Regulation .12 of this chapter or COMAR 12.10.06 to perform firearm classroom instruction, conduct firearms training or qualification; and
(ii)
To enhance understanding, proficiency, marksmanship, and other skills related to proper firearm use and tactics, such as movement, multiple targets, judgmental or decision training, and use of cover and concealment.
(b)
“Firearms training” may include drills that involve discharging rounds of ammunition.
(9)
“Firearm type” means:
(a)
The following handguns:
(i)
Revolver; or
(ii)
Pistol; and
(b)
The following long guns:
(i)
Shotgun; or
(ii)
Long gun other than a shotgun.
(10)
Handgun.
(a)
“Handgun” has the meaning stated in Public Safety Article, §5-101, Annotated Code of Maryland.
(b)
“Handgun” includes a:
(i)
Pistol; and
(ii)
Revolver.
(11)
Inactive Status.
(a)
“Inactive status” means a situation in which an individual, who continues to be employed by or under the supervision of a law enforcement agency or academy certified under COMAR 12.04.01.10, is temporarily relieved of duties with the law enforcement agency or academy certified under COMAR 12.04.01.10 for 30 consecutive days or more for:
(i)
A medical or administrative reason that prevents the individual from completing Commission-required training; or
(ii)
The purpose of suspending Commission-required training.
(b)
“Inactive status” does not affect an individual’s instructor certification or eligibility for provisional certification or certification.
(12)
Iron Sight.
(a)
“Iron sight” means a system of shaped alignment markers, typically metal or plastic, that is used as a sighting device to assist an individual in aiming a firearm.
(b)
“Iron sight” does not mean an optical, computing, red dot, or reflex style sighting device.
(13)
“Judgmental or decision training” means instruction and skills development conducted in the classroom, using firearms simulation, or on a firing line, to enable an individual to:
(a)
Differentiate between threat levels; and
(b)
Respond appropriately to an identified threat.
(14)
Law Enforcement Agency.
(a)
“Law enforcement agency” has the meaning stated under Public Safety Article, §3-201, Annotated Code of Maryland.
(b)
“Law enforcement agency” includes a training or personnel unit authorized to act in training or employment matters.
(15)
Motorcycle.
(a)
“Motorcycle” has the meaning stated in Transportation Article, §11-136, Annotated Code of Maryland; and
(b)
Is designated as an emergency vehicle in accordance with Transportation Article, §11-118(1), Annotated Code of Maryland.
(16)
Optical Sighting Device.
(a)
“Optical sighting device” means an optic mechanism that assists an individual in sighting a firearm by enhancing or magnifying the image of the target and superimposing a reticle, or an aligned aiming point, over the image.
(b)
“Optical sighting device” does not include an iron sight or a red dot sight.
(17)
“Pistol” means a handgun that operates semi-automatically:
(a)
Discharging a single round of ammunition with a pull of the trigger;
(b)
Clearing the chamber of the spent casing; and
(c)
Loading the next round of ammunition in the chamber.
(18)
“Power” means a measurement used to describe levels of visual magnification, with a number representing the level of magnification above the normal visual range.
(19)
“Qualification” as used in Regulations .12, .16, and .17 of this chapter means proficiency testing by discharging a firearm on a Commission-approved course of fire to receive a score that the Commission measures against established requirements to determine if the individual meets provisions required under this chapter for certification as a Firearms Provisional Instructor, Line Instructor, or Firearms Instructor.
(20)
Red Dot Sight.
(a)
“Red dot sight” means a generic term to describe a visual, computing, or reflex sighting device that reflects a reticle, or an aligned aiming point that can be any shape or color, onto a combining glass for superimposition on a target.
(b)
“Red dot sight” does not include an optical sighting device or an iron sight.
(21)
Reduced Light.
(a)
“Reduced light” means the normal outdoor lighting conditions that exist between dusk and dawn.
(b)
“Reduced light” includes simulated natural outdoor lighting conditions such as:
(i)
Artificial light; or
(ii)
Goggles, headgear, or an apparatus worn to cover the eyes designed to reduce the availability of light to simulate natural reduced lighting conditions.
(22)
“Revolver” means a handgun that:
(a)
Fires a single round of ammunition with each pull of the trigger; and
(b)
Has a cylinder containing additional rounds of ammunition that rotates to position the next round of ammunition for firing.
(23)
“Term of certification” means the dates during which an individual’s certification for an instructor classification is in effect.
(24)
“Training authority” means an individual of a law enforcement agency or academy certified under COMAR 12.04.01.10, who is authorized by the law enforcement agency or academy certified under COMAR 12.04.01.10 to submit under provisions of this chapter an application for any of the following for another individual:
(a)
Instructor certification;
(b)
Renewal of instructor certification;
(c)
Termination of certification;
(d)
Exemption from instructor certification; or
(e)
Waiver of certain requirements for instructor certification.
(25)
“Training provider” means an entity that has Commission approval to conduct a training course.
(26)
“Type 1 long gun” means a long gun with an optical sighting device greater than 4 power intended for use as a counter-sniper firearm.
(27)
“Type 2 long gun” means a long gun with an optical sighting device greater than 4 power intended for use other than as a counter-sniper firearm.
(28)
“Type 3 long gun” means a long gun without an optical sighting device, or with an optical device of 4 power or less.
(29)
Type 4 Long Gun.
(a)
“Type 4 long gun” means a long gun manufactured and sold as a shotgun that is designed to discharge a single projectile or multiple projectiles from a single round of ammunition.
(b)
“Type 4 long gun” includes a long gun manufactured and sold as a shotgun regardless of the:
(i)
Action; or
(ii)
Use of an optical sighting device.
Regulation .02 Instructor Certification Classifications.LinkCopy Citation
A.
The Commission provides instructor certification in accordance with this chapter for the following instructor classifications:
(1)
Academic Provisional Instructor;
(2)
Academic Instructor;
(3)
Defensive Tactics Provisional Instructor;
(4)
Defensive Tactics Instructor;
(5)
Electronic Control Device Instructor;
(6)
Emergency Vehicle Operations Provisional Instructor;
(7)
Emergency Vehicle Course Safety Officer;
(8)
Emergency Vehicle Operations Instructor;
(9)
Firearms Provisional Instructor;
(10)
Line Instructor;
(11)
Firearms Instructor;
(12)
Motorcycle Operator Provisional Instructor;
(13)
Motorcycle Operator Course Safety Officer; and
(14)
Motorcycle Operator Instructor.
B.
Certification Required.
(1)
Unless exempt under Regulation .04 of this chapter, an individual who provides instruction for a Commission-approved training course that is credited toward the Commission’s requirements for police officer certification under COMAR 12.04 shall be:
(a)
Certified by the Commission or the Correctional Training Commission as an instructor for the type of instruction the individual is providing; and
(b)
In compliance with applicable Commission regulations.
(2)
An individual’s instructor certification for a specific instructor classification limits the individual to providing the type of instruction prescribed for the instructor classification established under Regulation .17 of this chapter.
Regulation .03 Selection Standards and Application.LinkCopy Citation
A.
Selection Standards for Instructor Certification.
(1)
If an application is submitted to the Commission requesting certification of an individual for an instructor classification, at a minimum, the individual shall meet the following standards:
(a)
Possess a:
(i)
High school diploma issued by a high school or recognized by the State Board of Education; or
(ii)
General Education Development (GED) certificate or diploma issued by Maryland or another state, or recognized by the State Board of Education.
(b)
Be currently employed by or providing instruction under the supervision of:
(i)
A law enforcement agency; or
(ii)
An academy certified under COMAR 12.04.01.10;
(c)
Satisfies requirements of this chapter for the instructor classification for which instructor certification is requested; and
(d)
Be in compliance with applicable Commission regulations.
B.
Application for Instructor Certification.
(1)
An individual applying for instructor certification shall complete and sign a Commission instructor certification application for the requested instructor classification and submit the completed application to the training authority for the law enforcement agency or academy certified under COMAR 12.04.01.10 that:
(a)
Employs the individual; or
(b)
Supervises where the individual provides instruction.
(2)
A training authority may not approve or sign the training authority’s own instructor certification application.
(3)
If a training authority approves an individual making application for instructor certification and determines that the individual requesting certification meets requirements under this chapter for instructor certification for the instructor classification requested, the training authority shall:
(a)
Sign the application and submit the application to the Commission; and
(b)
Provide, with the application, documentation required by the Commission establishing that the individual requesting certification meets requirements under this chapter for the instructor classification for which certification is requested.
C.
Instructor Previously Certified by the Correctional Training Commission. If an application for instructor certification is submitted to the Commission by a training authority for an individual who was previously certified as an instructor by the Correctional Training Commission not more than 3 years before the date of the application, the Commission may certify the individual as an instructor for the instructor classification formerly certified by the Correctional Training Commission, if the individual meets:
(1)
The selection standards under this regulation;
(2)
The applicable instructor renewal requirements under Regulation .15 of this chapter; and
(3)
Additional criteria that the Commission may require.
Regulation .04 Exemptions from Instructor Certification.LinkCopy Citation
A.
An individual who provides 3 hours or less of instruction for a Commission-approved training course is exempt from the requirement to have instructor certification required under this chapter if the individual does not provide instruction that is a part of:
(1)
Defensive tactics training;
(2)
Electronic control device training;
(3)
Emergency vehicle training;
(4)
Firearms training; or
(5)
Motorcycle operator training.
B.
The Deputy Director, upon a written request from a training authority or training provider, may exempt the following from the instructor certification requirements under this chapter:
(1)
An individual currently licensed or certified by the State or a nationally recognized organization, for the purpose of providing instruction in the subject matter related to the discipline in which the individual is licensed or certified;
(2)
A faculty member employed by an accredited college or university, for the purpose of providing instruction in the subject matter area for which the faculty member is employed;
(3)
A currently certified emergency medical care or advanced first aid instructor, for the purpose of providing instruction related to emergency medical care or first aid; or
(4)
Other individual who the Deputy Director determines to possess specialized skills or expertise for the purpose of providing instruction related to those skills or expertise.
C.
A training authority may not submit the training authority’s own request for an exemption from instructor certification required under this chapter.
D.
An exemption granted to an individual:
(1)
Permits the individual receiving the exemption to provide instruction for Commission-approved training for the purpose under §B of this regulation for which the exemption was granted;
(2)
Expires upon termination of the certification, license, or employment that is the basis for the exemption; and
(3)
May be permanently revoked or temporarily suspended by the Deputy Director, as provided under Regulation .18 of this chapter.
Regulation .05 Time Limits — Extension for Inactive Status.LinkCopy Citation
A.
The following time limits may be extended by the amount of time that equals the length of time an individual is on inactive status:
(1)
The time for completion of an applicant’s evaluations prior to submitting an application for certification or renewal of certification;
(2)
The time for completion of an applicant’s training program, instructor’s course or instruction prior to submitting an application for provisional certification, certification, or renewal of certification;
(3)
The time of an individual’s term of certification; and
(4)
The time for completing a required firearms qualification course of fire.
B.
Reporting Inactive Status to the Commission.
(1)
At the request of an instructor, the training authority shall report the individual’s inactive status to the Commission.
(2)
A training authority shall include in the report the date the individual is placed on inactive status and the date the inactive status ends.
Regulation .06 Instructor Evaluation Procedures.LinkCopy Citation
A.
An evaluation of an individual required by this chapter for an instructor classification shall be:
(1)
Conducted on a separate occasion from other evaluations of the individual who is being evaluated;
(2)
Conducted by an individual who meets the requirements of this chapter or COMAR 12.10.06;
(3)
Conducted while the individual being evaluated provides instruction for a course that is approved by the Commission or the Correctional Training Commission;
(4)
Based on the personal observations, for a minimum of 1 hour, of the individual conducting the evaluation; and
(5)
Recorded, by the individual conducting the evaluation, on a form approved by the Commission.
B.
An individual may not conduct the individual’s own instructor classification evaluation.
C.
The Commission may consider an unsatisfactory evaluation or commentary by an evaluator as grounds to deny instructor certification.
Regulation .07 Academic Instructor — Training Program, Evaluation Requirements, and Waiver of Training Program.LinkCopy Citation
A.
A law enforcement agency, academy certified under COMAR 12.04.01.10, or training provider may conduct an Academic Instructor training program if the program is approved by the Commission.
B.
Not later than 20 working days before the proposed date for the start of an Academic Instructor training program, the law enforcement agency head, academy training director, or the training provider’s official supervising the Academic Instructor training program shall submit to the Commission the proposed Academic Instructor training program for approval.
C.
The following are minimum Academic Instructor training program requirements:
(1)
An individual providing the Academic Instructor training shall be an Academic Instructor certified under this chapter or COMAR 12.10.06;
(2)
The Academic Instructor training program shall include instruction on the following topics:
(a)
An introduction to:
(i)
The basic concepts of learning and teaching;
(ii)
The role of training in the criminal justice profession; and
(iii)
Classroom management techniques;
(b)
Effective speech techniques;
(c)
Preparation and use of audiovisual training aids;
(d)
Development of training objectives;
(e)
Development of testing strategies;
(f)
Identification of the purpose of a lesson plan and its components; and
(g)
Practical preparation of mock classroom lesson plans.
D.
An evaluation required for an Academic Instructor training program shall be conducted by an:
(1)
Academic Instructor, if the individual’s application is for Academic Instructor certification; or
(2)
Instructor who meets the requirements of this chapter to perform evaluations for the instructor classification for which the individual is applying for certification.
E.
Waiver for an individual to complete the Academic Instructor Training Program Requirement.
(1)
Upon receiving a written application from a training authority, the Deputy Director may waive the requirement for an individual to complete the Academic Instructor training program if the individual:
(a)
Is certified or licensed as an instructor by an agency of government or a non-governmental organization to provide instruction;
(b)
Is currently a Provisional Instructor for one of the instructor classifications under Regulation .02 of this chapter; and
(c)
Has received at least two acceptable Academic Instructor evaluations conducted in accordance with Regulation .06 of this chapter and §D of this regulation.
(2)
A training authority may not submit the training authority’s own application for a waiver of the Academic Instructor training program.
(3)
A training authority requesting a waiver of the Academic Instructor training program for an individual shall submit to the Deputy Director:
(a)
A completed Commission’s Application for Instructor Certification;
(b)
A written request that the requirement to complete the Academic Instructor training program be waived for the individual;
(c)
Academic Instructor training program evaluations for the individual completed in accordance with Regulation .06 of this chapter and §D of this regulation; and
(d)
Other information the Deputy Director may request.
Regulation .08 Certification — Academic Provisional Instructor and Academic Instructor.LinkCopy Citation
A.
Academic Provisional Instructor. A training authority may submit an application to the Commission for certification of an individual as an Academic Provisional Instructor when the individual:
(1)
Has 1 year of employment experience in the public safety community; and
(2)
Meets the selection standards under Regulation .03A of this chapter.
B.
Academic Instructor. A training authority may submit an application to the Commission for certification of an individual as an Academic Instructor when the individual has:
(1)
A minimum of 2 years employment experience in the public safety community;
(2)
Successfully completed, within 2 years before the date of the application, an approved Academic Instructor training program meeting the requirements of Regulation .07 of this chapter; and
(3)
Received a minimum of two favorable instructor evaluations:
(a)
Completed by an individual specified by Regulation .07D of this chapter within 2 years of the date of the application for certification;
(b)
Conducted in accordance with Regulation .06 of this chapter; and
(c)
Conducted while the individual was providing instruction as an Academic Provisional Instructor.
Regulation .09 Certification and Training Program — Defensive Tactics Provisional Instructor and Defensive Tactics Instructor.LinkCopy Citation
A.
Defensive Tactics Provisional Instructor Certification. A training authority may submit an application to the Commission for certification of an individual as a Defensive Tactics Provisional Instructor if the individual has:
(1)
Acquired a minimum of 2 cumulative years of criminal justice related defensive tactics skills experience during the 5-year period immediately before the date of the application; and
(2)
Successfully completed a Commission-approved Defensive Tactics Instructor training program not more than 2 years before the date of the application for Defensive Tactics Provisional Instructor.
B.
Defensive Tactics Instructor Certification. A training authority may submit an application to the Commission for certification of an individual as a Defensive Tactics Instructor when the individual:
(1)
Is a Defensive Tactics Provisional Instructor;
(2)
Has successfully completed the following:
(a)
A Commission-approved Academic Instructor training program that meets the requirements under Regulation .07 of this chapter; and
(b)
Except if granted a waiver under §C of this regulation, a Commission-approved Defensive Tactics Instructor training program before the date of the application for Defensive Tactics Instructor certification; and
(3)
As a Defensive Tactics Provisional Instructor provided a minimum total of 12 hours of defensive tactics classroom and skills instruction under the direction of a Defensive Tactics Instructor that included a minimum of:
(a)
Four hours of classroom instruction in the concepts and principles of defensive tactics;
(b)
Eight hours of defensive tactics practical skills instruction; and
(c)
One satisfactory evaluation for each of the following, in accordance with Regulation .06 of this chapter, performed by a Defensive Tactics Instructor certified under this chapter or COMAR 12.10.06, while the individual was providing defensive tactics:
(i)
Classroom instruction; and
(ii)
Skills instruction.
C.
Upon application by a training authority, the Deputy Director may waive the requirement under §§A(2) and B(2)(b) of this regulation that an individual complete the Defensive Tactics Instructor training program of this regulation if the individual:
(1)
Successfully completed a program that was a minimum of 35 hours in length and the equivalent of a Defensive Tactics Instructor training program that meets the requirements of §F(1)(c) of this regulation; and
(2)
Provides supporting evidence, such as copies of certifications or course curriculums, to document the applicant’s extensive knowledge and abilities in the skill areas specified in §F(1)(c) of this regulation.
D.
A training authority may not submit the training authority’s own application for a waiver of the requirement to complete the Defensive Tactics Instructor training program required under §A(2) of this regulation.
E.
The Deputy Director may limit the subject matter taught in a Defensive Tactics Training program by an individual who receives certification as a Defensive Tactics Instructor based on a waiver under §C of this regulation of the Defensive Tactics Instructor training program requirement under this regulation.
F.
Defensive Tactics Instructor Training Program.
(1)
A Defensive Tactics Instructor training program, at a minimum, shall:
(a)
Be approved by the Commission;
(b)
Be a minimum of 35 hours in length; and
(c)
Include the following topics:
(i)
Balance, awareness, and self-control;
(ii)
Impact weapons;
(iii)
Weapon retention;
(iv)
Disarming;
(v)
Vital points of the human anatomy;
(vi)
Control holds;
(vii)
Take-downs;
(viii)
Handcuffing and searching;
(ix)
Escorting and Transporting an inmate or detainee;
(x)
Use of force continuum;
(xi)
Multiple adversaries; and
(xii)
Ground-level defenses.
(2)
Successful completion of a Defensive Tactics Instructor training program, at a minimum, requires:
(a)
A minimum score of 80 percent on all written examinations; and
(b)
Satisfactory demonstration of practical skill elements required in the program.
(3)
The Commission may approve a:
(a)
Defensive Tactics Instructor training program that meets the requirements under this regulation; or
(b)
A combination of defensive tactics training program courses that:
(i)
As determined by the Deputy Director, satisfactorily address the topics required under §F(1)(c) of this regulation; and
(ii)
Is a minimum of 35 hours in length.
Regulation .10 Certification — Electronic Control Device Instructor.LinkCopy Citation
A training authority may submit an application to the Commission for certification of an individual as an Electronic Control Device Instructor if the individual seeking certification:
A.
Is a Commission-certified police officer who:
(1)
Is authorized by the police officer’s employing agency to carry or use the specific manufacturer’s model of an electronic control device for which the individual, if granted certification, would provide instruction; and
(2)
Has successfully completed a Commission-approved Academic Instructor training program that meets requirements under Regulation .07 of this chapter.
B.
Is not a Commission-certified police officer, but has:
(1)
Successfully completed a Commission-approved training course for the specific manufacturer’s model of an electronic control device for which the individual, if authorized, would provide instruction; and
(2)
Been determined by the Deputy Director to be qualified to provide electronic control device instruction based on the individual’s knowledge, skills, and abilities with the specific manufacturer’s model of electronic control device for which the individual, if authorized, would provide instruction.
Regulation .11 Certification — Emergency Vehicle Operations Provisional Instructor; Emergency Vehicle Course Safety Officer; and Emergency Vehicle Operations Instructor.LinkCopy Citation
A.
Emergency Vehicle Operations Provisional Instructor. A training authority may submit an application to the Commission for certification of an individual as an Emergency Vehicle Operations Provisional Instructor at any time the individual has:
(1)
Occupational experience operating an emergency vehicle for at least 2 years; and
(2)
Successfully completed, within 5 years before the date of the application for provisional instructor certification, Commission-approved Emergency Vehicle Operations instructor’s training.
B.
Emergency Vehicle Operations Course Safety Officer. A training authority may submit an application to the Commission for certification of an individual as an Emergency Vehicle Operations Course Safety Officer at any time the individual has:
(1)
Occupational experience operating an emergency vehicle for at least 3 years;
(2)
Previously been certified as an Emergency Vehicle Operations Provisional Instructor;
(3)
Successfully provided a minimum of 40 hours of emergency vehicle operations practical skills exercises training while an Emergency Vehicle Operations Provisional Instructor; and
(4)
Received at least two satisfactory evaluations, performed by an Emergency Vehicle Operations Instructor in conformity with Regulation .06 of this chapter, while conducting emergency vehicle operations practical skills exercises training.
C.
Emergency Vehicle Operations Instructor. A training authority may submit an application to the Commission for certification of an individual as an Emergency Vehicle Operations Instructor at any time the individual has:
(1)
Occupational experience operating an emergency vehicle for at least 3 years;
(2)
Previously been certified as an Emergency Vehicle Operations Provisional Instructor;
(3)
Successfully completed an approved Academic Instructor training program that meets the requirements under Regulation .07C of this chapter;
(4)
Successfully provided a minimum of 56 hours of emergency vehicle operations classroom and skills instruction that includes a minimum of:
(a)
16 hours of emergency vehicle operations classroom instruction; and
(b)
40 hours of instruction for emergency vehicle operations practical skills exercise training; and
(5)
Received at least two satisfactory evaluations for each of the following, performed by an Emergency Vehicle Operations Instructor in accordance with Regulation .06 of this chapter, while the individual was providing:
(a)
Classroom instruction; and
(b)
Emergency vehicle operations practical skills exercise training.
Regulation .12 Certification — Firearms Provisional Instructor, Line Instructor, and Firearms Instructor.LinkCopy Citation
A.
Certification Requirements — General. A training authority may submit an application to the Commission for certification of an individual as a Firearms Provisional Instructor, Line Instructor, or Firearms Instructor when the individual meets the certification requirements established under this regulation for the particular instructor classification and has:
(1)
Two or more years employment as a law enforcement or correctional officer within the last 5 years, during which employment the individual was authorized to use or carry a firearm for a minimum of 2 years; and
(2)
Within 60 days immediately before the date of the application for instructor certification, successfully completed the qualification course of fire required by §D(5) of this regulation for the firearm type for which the individual is requesting instructor certification.
B.
Certification Requirements for Firearms Provisional Instructor; Line Instructor; and Firearms Instructor.
(1)
Firearms Provisional Instructor Certification Requirements. Before an individual may be certified as a Firearms Provisional Instructor, the Commission requires, at a minimum, that the individual:
(a)
Meets requirements established under §A of this regulation; and
(b)
Within 2 years before the date of the application for Firearms Provisional Instructor, successfully completed classroom instruction, training, and the qualification course of fire required under §D(2) and (3) of this regulation that was provided by:
(i)
The Commission;
(ii)
A Commission-approved program;
(iii)
The United States Government or Armed Forces;
(iv)
National Rifle Association; or
(v)
A firearms instructor school approved by the Deputy Director.
(2)
Line Instructor Certification Requirements. Before an individual may be certified as a Line Instructor, the Commission requires, at a minimum, that the individual:
(a)
Meets requirements established under §A of this regulation;
(b)
Successfully completed the requirements for Firearms Provisional Instructor certification established under §B(1) of this regulation;
(c)
Received at least two satisfactory evaluations performed by a Firearms Instructor for the individual while providing firearms firing line training and qualification; and
(d)
Provided firearms firing line training and qualification instruction that is:
(i)
A minimum of 8 hours;
(ii)
Provided for Commission-approved courses;
(iii)
Supervised by a Line Instructor or Firearms Instructor; and
(iv)
Provided for the firearm type for which the individual is requesting Firearms Line Instructor certification.
(3)
Firearms Instructor Certification Requirements. Before an individual may be certified as a Firearms Instructor, the Commission requires, at a minimum, that the individual:
(a)
Meets requirements established under §A of this regulation;
(b)
Successfully completed a Commission-approved Academic Instructor training program;
(c)
Received at least two satisfactory evaluations performed by a Firearms Instructor for the individual providing firearms classroom instruction during the Academic Instructor training program;
(d)
Successfully provided at least four hours of firearms classroom instruction;
(e)
Received at least two satisfactory evaluations performed by a Firearms Instructor for the individual while providing firearms firing line training and qualification; and
(f)
Is currently a Commission-certified Line Instructor, or a Commission-certified Firearms Provisional Instructor who has successfully provided firearms firing line training and qualification instruction that has been:
(i)
A minimum of 8 hours;
(ii)
Provided for a Commission-approved course;
(iii)
Supervised by a Line Instructor or Firearms Instructor; and
(iv)
Provided for the firearm type for which the individual is requesting Firearms Instructor certification.
C.
Experience Accepted by the Commission for Training Requirements.
(1)
The Commission may accept documented firearms-related experience toward meeting the minimum training requirements for Firearms Provisional Instructor, Line Instructor, or Firearms Instructor certification.
(2)
Examples of documented firearms-related experience that the Commission may accept include military training or counter sniper training.
D.
Classroom Instruction, Firearms Training, and Firearms Qualification Course of Fire Requirements.
(1)
Firearms classroom instruction and firearms training and qualification course of fire required by this regulation shall be approved by the Commission before being conducted.
(2)
The following establishes minimum requirements for classroom instruction and firearms training and qualification course of fire for the certification of instructor classifications under this regulation:
(3)
Firearms Provisional Instructor classroom instruction shall meet the requirements established under §D(2) of this regulation, and at a minimum include instruction on:
(a)
Firearms safety;
(b)
Firearms nomenclature;
(c)
Firearms fundamentals and marksmanship;
(d)
Firearms cleaning and maintenance;
(e)
The problem shooter;
(f)
Target analysis;
(g)
Ballistics;
(h)
Legal issues concerning the use of force;
(i)
Deadly force policy;
(j)
Judgmental or decision training;
(k)
Reduced light discipline;
(l)
Emotional, mental, and psychological issues related to critical incidents;
(m)
Commission policy and procedures;
(n)
Malfunctions; and
(o)
Exposure to or practical application of, or both:
(i)
Designing a course of fire;
(ii)
Lesson plan development; and
(iii)
Classroom presentations.
(4)
Firearms training shall meet the requirements established under §D(2) of this regulation, and at a minimum, include exposure to and practical application of:
(a)
Firing line operations, that include:
(i)
Instruction on the firing line; and
(ii)
Instruction from a location overseeing the firing line;
(b)
Malfunction drills;
(c)
Stress training;
(d)
Judgmental or decision training;
(e)
Range preparation and cleanup;
(f)
Scoring;
(g)
Target analysis;
(h)
Safety; and
(i)
Marksmanship fundamentals.
(5)
Red Dot Sight classroom instruction and training required for an instructor level as established under §D(2) of this regulation includes, at a minimum, the following information and practical applications:
(a)
Introduction to red dot sights and differences;
(b)
Proper mounting and zeroing procedures;
(c)
Maintenance of the device;
(d)
Drawing and presentation — finding the dot (practical);
(e)
Common malfunctions and inclement weather issues;
(f)
Co-witnessing with iron sights (practical);
(g)
Target-focused shooting (practical);
(h)
Close quarters vs. distance techniques (practical);
(i)
Identifying and fixing common red dot sight shooter errors; and
(j)
Obscured sight techniques (practical).
(6)
An individual seeking instructor certification under this regulation shall successfully complete one firearms qualification course of fire that meets the requirements established under §D(2) of this regulation for each firearm type for which the individual is seeking instructor certification.
(7)
An individual seeking instructor certification under this regulation shall successfully meet:
(a)
For a handgun, requirements 3 through 9 of the “Handgun Day-Fire Required Course of Fire for Qualification” in the table under COMAR 12.04.02.05;
(b)
For a particular type long gun, requirements 3 through 7 of the table under COMAR 12.04.02.07.
Regulation .13 Certification — Motorcycle Operator Provisional Instructor; Motorcycle Operator Course Safety Officer; Motorcycle Operator Instructor.LinkCopy Citation
A.
Motorcycle Operator Provisional Instructor. An application may be submitted to the Commission for certification of an individual as a Motorcycle Operator Provisional Instructor at any time the individual has:
(1)
Two or more years experience operating a law enforcement agency motorcycle while a police officer;
(2)
A valid driver’s license that authorizes the individual to operate a motorcycle; and
(3)
Successfully completed, within 2 years before the date of the application, Commission-approved Motorcycle Operator Instructor’s training.
B.
Motorcycle Operator Course Safety Officer. An application may be submitted to the Commission for certification of an individual as a Motorcycle Operator Course Safety Officer at any time the individual has:
(1)
Three or more years experience operating a law enforcement agency motorcycle while a police officer;
(2)
Possesses a valid driver’s license that authorizes the individual to operate a motorcycle;
(3)
Previously been certified as a Motorcycle Operator Provisional Instructor for a minimum of 6 months;
(4)
Successfully provided a minimum of 16 hours of motorcycle operations practical skills exercises training while a Motorcycle Provisional Instructor; and
(5)
Received at least two satisfactory evaluations, performed by a Motorcycle Operator Instructor in conformity with Regulation .06 of this chapter, while conducting motorcycle practical skills exercises training.
C.
Motorcycle Operator Instructor. An application may be submitted to the Commission for certification of an individual as a Motorcycle Operator Instructor at any time the individual has:
(1)
Three or more years experience operating a law enforcement agency motorcycle while a police officer;
(2)
Possesses a valid driver’s license that authorizes the individual to operate a motorcycle;
(3)
Previously been certified as a Motorcycle Operator Provisional Instructor for a minimum of 6 months;
(4)
Successfully completed an approved Academic Instructor training program that meets the requirements under Regulation .07 of this chapter;
(5)
Successfully provided a minimum of 20 hours of motorcycle operations classroom and skills instruction that includes a minimum of:
(a)
Four hours of motorcycle operations classroom instruction; and
(b)
Sixteen hours of motorcycle operations practical skills exercise training; and
(6)
Received at least two satisfactory evaluations for each of the following, in accordance with Regulation .06 of this chapter, performed by a Motorcycle Operator Instructor while the individual was providing:
(a)
Classroom instruction; and
(b)
Motorcycle practical skills exercise training.
Regulation .14 Expiration of Instructor Certification.LinkCopy Citation
A.
An individual’s instructor certification expires:
(1)
At the conclusion of the individual’s term of certification established under Regulation .17B of this chapter for the individual’s instructor classification;
(2)
When the individual leaves employment with the law enforcement agency or academy certified under COMAR 12.04.01.10, on behalf of which the training authority submitted the application for the individual’s instructor certification; or
(3)
If the training authority for the law enforcement agency or academy certified under COMAR 12.04.01.10 that submitted the application for the individual’s instructor certification requests that the individual’s instructor certification be terminated.
B.
An individual’s term of certification may not expire while the individual is on inactive status.
Regulation .15 Renewal of Instructor Certification.LinkCopy Citation
A.
Renewal of provisional instructor certification for an instructor classification may be granted by the Deputy Director as provided under Regulation .17 of this chapter.
B.
Except for a provisional instructor, renewal of instructor certification for an instructor classification may be granted by the Commission as follows:
(1)
If an individual’s instructor certification has been expired for more than 3 years, the individual:
(a)
Shall successfully complete the instructor certification requirements of this chapter for the instructor classification applied for in order to receive certification for that instructor classification; or
(b)
Upon approval by the Commission, may receive certification renewal for the expired instructor classification if the individual successfully completes a program of selected aspects of the instructor classification’s certification requirements designated by the Commission.
(2)
If an individual’s instructor certification expires because the individual leaves employment or ceases to provide instruction under the supervision of a law enforcement agency or academy certified under COMAR 12.04.01.10 that submitted the application for the individual’s instructor certification and subsequently is employed by or provides instruction under the supervision of another law enforcement agency or academy certified under COMAR 12.04.01.10 whose training authority submits an application for renewal of the individual’s instructor certification:
(a)
More than 90 days before the date that the individual’s term of certification expires, the:
(i)
Individual is not required to meet the requirements of Regulation .16 of this chapter to receive the certification; and
(ii)
Commission shall establish a new term of certification for the individual that does not exceed 12 months from the expiration date of the individual’s most recent term of certification.
(b)
90 days or less before expiration of the term of certification or 3 years or less after the expiration of the term of certification, the:
(i)
Individual shall meet requirements established under Regulation .16 of this chapter to receive renewal of certification for the instructor classification; and
(ii)
Certification renewal, if granted, shall be for a new term of certification established under Regulation .17B of this chapter.
(3)
If an instructor certification is due to expire or has expired at the conclusion of the term of certification, the:
(a)
Training authority shall submit an application for renewal of the instructor certification to the Commission not sooner than 90 days before the term of certification expires and, if certification has expired, not later than 3 years after the term of certification expired;
(b)
Individual is required to meet the instructor certification requirements under Regulation .16 of this chapter to renew instructor certification; and
(c)
Individual’s instructor certification shall be renewed for a new term of certification established under Regulation .17B of this chapter.
C.
Instructor Certification Renewal Procedures.
(1)
The Commission may renew an individual’s certification for an instructor classification if the:
(a)
Individual meets requirements under this chapter for instructor certification renewal and other applicable Commission regulations;
(b)
Individual completes the Commission’s renewal application and submits the completed application to the training authority for the individual’s employer; and
(c)
Training authority for the individual’s employer has reviewed and approved the renewal application and submits the approved application to the Commission within the time established under this regulation.
(2)
A training authority may not review, approve, or submit to the Commission the training authority’s own application for instructor certification renewal.
Regulation .16 Instructor Certification Renewal Requirements for Instructor Classifications.LinkCopy Citation
A.
If a provisional instructor certification for an instructor classification expires, the individual is not required to meet the requirements of this section to renew the same provisional instructor certification classification.
B.
The training authority for a law enforcement agency or academy certified under COMAR 12.04.01.10 submitting an application for instructor certification or renewal of instructor certification that the Commission last approved during the individual’s most recent term of instructor certification shall affirm that the individual meets the certification requirements specified for the instructor classification under §D of this regulation.
C.
Renewal for each instructor classification requires that the individual for which a training authority has submitted an application for instructor certification renewal is recommended for instructor certification renewal by the individual’s law enforcement agency or academy certified under COMAR 12.04.01.10.
D.
The following table provides the minimum requirements for an individual’s certification renewal of the instructor classifications indicated:
Regulation .17 Term of Instructor Certification and Limitations on InstructionLinkCopy Citation
A.
An individual may not conduct any part of the individual’s own training or instruction required by the Commission to meet instructor certification requirements under this chapter.
B.
The following table establishes for each instructor classification:
(1)
Limitations on instruction that may be provided; and
(2)
Term of instructor certification.
Regulation .18 Suspension and Revocation of Instructor Certification and Exemptions.LinkCopy Citation
A.
The Deputy Director, in accordance with this regulation may temporarily suspend or permanently revoke an individual’s instructor certification if the individual:
(1)
Does not comply with Commission regulations;
(2)
Falsifies or fails to maintain reports, forms, rosters, and other records required by the Commission;
(3)
Facilitates or condones cheating on an examination, skills exercise, or other aspect of a training provider’s course for which instruction is provided;
(4)
Compromises the integrity of a training provider’s training program or course;
(5)
Misuses the authority granted by the instructor certification;
(6)
Fails to provide required instruction or provides instruction that is erroneous or inadequate;
(7)
Fails to cooperate with Commission audits or inquiries;
(8)
Provides false or misleading information to the Commission; or
(9)
Violates or fails to meet Commission requirements.
B.
If the Commission has knowledge that an instructor has allegedly engaged in conduct specified under §A of this regulation, the Deputy Director shall:
(1)
Provide written notice of the allegations to the instructor’s supervising authority at the law enforcement agency, correctional unit, Department of Juvenile Services, training provider, or academy certified under COMAR 12.04.01.10 or COMAR 12.10.01.14 that employs or supervises the instructor who is the subject of the allegation;
(2)
Ensure the allegation is thoroughly investigated; and
(3)
Conduct a hearing to allow the allegation to be presented and the instructor to respond to the allegation.
C.
After reviewing the information resulting from the investigation and conducting a hearing under §B of this regulation, the Deputy Director shall decide if the allegation is supported by fact.
D.
If the Deputy Director decides the allegation is supported by fact, the Deputy Director may order that the instructor’s certification be:
(1)
Permanently revoked; or
(2)
Temporarily suspended.
E.
The Deputy Director shall submit a written report of findings to support a decision under §C of this regulation and order under §D of this regulation to:
(1)
The instructor’s supervising authority at the law enforcement agency, correctional unit, Department of Juvenile Services, training provider, or academy certified under COMAR 12.04.01.10 or COMAR 12.10.01.14 that employs or supervises the instructor who is the subject of the allegation; and
(2)
The Police Training Commission or Correctional Training Commission that granted the instructor’s certification.
F.
The instructor who is the subject of the allegation may appeal the Deputy Director’s decision under §C of this regulation and order under §D of this regulation to the Executive Director of the Police and Correctional Training Commissions.
G.
Revoking or Suspending an Instructor Certification Exemption.
(1)
The Deputy Director may permanently revoke or temporarily suspend an exemption from instructor certification granted under Regulation .04 of this chapter if the individual to whom the exemption was granted engages in conduct specified by §A of this regulation.
(2)
If the Deputy Director considers revoking or temporarily suspending an exemption as provided by §G(1) of this regulation, the Deputy Director shall:
(a)
Comply with the requirements of §B of this regulation, and may order that the exemption be revoked or temporarily suspended as provided by §D of this regulation; and
(b)
Provide a written report on the findings and order under §G(2)(a) of this regulation to the:
(i)
Individual to whom the exemption was granted; and
(ii)
Training authority or training provider that requested the exemption.
(3)
An exemption from instructor certification granted under Regulation .04 of this chapter may be revoked or temporarily suspended by the Deputy Director if the Deputy Director determines the individual no longer possesses the specialized skills or expertise to warrant the exemption.
Chapter 07. Police Auxiliary and Reserve Volunteer Program
Regulation .01 Purpose.LinkCopy Citation
A.
This chapter establishes minimum requirements and a process for Commission approval of a law enforcement agency’s police auxiliary or reserve volunteer program for the purposes of the police auxiliary or reserve volunteer subtraction modification under Tax-General Article, §10-208(l), Annotated Code of Maryland.
B.
This chapter details uniform record-keeping and reporting requirements for a law enforcement agency with a Commission-approved police auxiliary or reserve volunteer program for the purpose of the police auxiliary or reserve volunteer subtraction modification under Tax-General Article, §10-208(l), Annotated Code of Maryland.
C.
This chapter establishes active status requirements for an individual participating in a law enforcement agency’s Commission-approved police auxiliary or reserve volunteer program for the purpose of the police auxiliary or reserve volunteer subtraction modification under Tax-General Article, §10-208(l), Annotated Code of Maryland.
D.
This chapter permits the continued application of previous law enforcement agency police auxiliary or reserve volunteer program participation for which the individual received the subtraction modification under Tax-General Article, §10-208(l), Annotated Code of Maryland, to meet cumulative participation requirements necessary to qualify as a police auxiliary or reserve volunteer.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Active status” means an individual’s approved service that:
(a)
Is provided in support of a law enforcement agency’s Commission-approved police auxiliary or reserve volunteer program; and
(b)
Totals a minimum of 144 hours of service provided in support of a law enforcement agency’s Commission-approved police auxiliary or reserve volunteer program during a taxable year.
(2)
“Commission” means the Police Training Commission or a representative authorized to act on behalf of the Commission.
(3)
“Comptroller” has the meaning stated in Tax-General Article, §10-101, Annotated Code of Maryland.
(4)
“Deputy Director” means the Deputy Director of the Police and Correctional Training Commissions.
(5)
“Law enforcement agency” or “agency” has the meaning stated in Public Safety Article, §3-201, Annotated Code of Maryland.
(6)
Police Auxiliary or Reserve Volunteer Program.
(a)
“Police auxiliary or reserve volunteer program” or “program” means an agency’s ongoing activity that uses individuals approved by the agency to assist the agency to perform administrative or technical tasks, or other services on behalf of the agency to support the agency’s duties or mission.
(b)
“Police auxiliary or reserve volunteer program” or “program” may include an agency’s ongoing activity that otherwise meets requirements under §B(6)(a) of this regulation, but does not include the term auxiliary, reserve, or volunteer in the activity’s title.
(7)
“Taxable year” has the meaning stated in Tax-General Article, §10-101, Annotated Code of Maryland.
Regulation .03 Minimum Requirements for Commission Approval of a Program.LinkCopy Citation
A.
For the purpose of permitting an individual who participates in an agency’s program to apply for the subtraction modification under Tax-General Article, §10-208, Annotated Code of Maryland, an agency’s program is required to be approved by the Commission.
B.
Commission approval of an agency’s program, at a minimum, requires:
(1)
The program to comply with the definition of a police auxiliary or reserve volunteer program in Regulation .02 of this chapter;
(2)
The program to be incorporated in the agency’s rules and regulations;
(3)
The program to be supervised by a permanent agency employee;
(4)
An individual to successfully complete a related orientation or training program before the agency may approve the individual to participate in the program;
(5)
The agency to maintain a list of individuals approved to participate in the program;
(6)
That an individual is not compensated, except reimbursement for nominal expenses and meals, for participation in the program; and
(7)
The agency to maintain information concerning program approval and an individual’s program participation necessary to support reporting requirements under Tax-General Article, §§10-208(l)(3) and (5), Annotated Code of Maryland, and Regulation .07 of this chapter.
Regulation .04 Application for Commission Approval and Renewal of Approval of an Agency Program.LinkCopy Citation
A.
An agency applying for Commission approval of a program for the purpose of the subtraction modification under Tax-General Article, §10-208(l), Annotated Code of Maryland, shall:
(1)
Apply to the Commission using a form or in a format approved by the Commission;
(2)
Submit the application to the Deputy Director; and
(3)
Provide with the application:
(a)
A copy of the agency’s rules or regulations into which the program is incorporated; and
(b)
Other information that the Commission or the Deputy Director may require.
B.
Approval — Application for Commission Approval of an Agency Program.
(1)
Upon receipt of an application under §A of this regulation, the Deputy Director, on behalf of the Commission, shall approve a program if the:
(a)
Application is completed according to Commission requirements;
(b)
Application contains sufficient information supporting that the program meets Commission requirements under this chapter and requirements under Tax-General Article, §10-208(l), Annotated Code of Maryland; and
(c)
Program complies with other requirements of this chapter and State law or regulation.
(2)
Following approval of an application, the Deputy Director shall:
(a)
Establish a date when the program’s approval expires, which shall be a maximum of 4 years from the date the program was approved; and
(b)
Within 10 days of approval, provide written notice of the date the program was approved and approval expiration date to the:
(i)
Agency that submitted the application; and
(ii)
Comptroller.
C.
Denial — Application for Commission Approval of an Agency Program.
(1)
Upon receipt of an application under §A of this regulation, the Deputy Director, on behalf of the Commission, shall deny approval of a program if the:
(a)
Application is incomplete or improperly completed; or
(b)
Program does not:
(i)
Meet the requirements of this chapter or requirements under Tax-General Article, §10-208(l), Annotated Code of Maryland, for a police auxiliary or reserve volunteer program; or
(ii)
Otherwise comply with the requirements of this chapter or State law or regulation.
(2)
Within 10 days of denying approval of an application, the Deputy Director shall provide to the agency that submitted the application for approval a written notice stating the reason for denying approval of the application.
(3)
If an application submitted by an agency for Commission approval of a program is denied, the agency may:
(a)
Resubmit an application for Commission approval of the program if the agency corrects the deficiencies that the Deputy Director identified justifying denial of the application for Commission program approval; or
(b)
Appeal the Deputy Director’s denial of the application for Commission approval of a program to the Commission as established under Regulation .05 of this chapter.
D.
Renewal of Commission Approval of an Agency Program.
(1)
Not less than 60 days before an agency’s program approval expires, the agency shall submit a Commission-approved renewal application form to the Deputy Director if the agency seeks to renew Commission approval of the program.
(2)
Upon receipt of an application under §D(1) of this regulation, the Deputy Director shall review the agency’s application for renewal of Commission approval of a program for a maximum of 4 years from the date of renewal and shall:
(a)
On behalf of the Commission, renew Commission approval of the program if the program meets requirements for original approval established under §B(1) of this regulation; or
(b)
Deny renewal of Commission approval of the program as established under §C(1) of this regulation.
(3)
Within 10 days of approving or denying an application for renewal of a Commission-approved program, the Deputy Director shall provide to the agency that submitted the renewal application and the Comptroller a written notice stating that the renewal application was:
(a)
Approved and include the program renewal expiration date, which may not exceed 4 years from the date of Commission approval; or
(b)
Denied and include the reason the application for program renewal was denied.
(4)
If an agency’s application for renewal of Commission approval is denied by the Deputy Director, the agency may:
(a)
Resubmit an application for renewal of Commission approval of the program if the agency corrects the deficiencies that the Deputy Director identified justifying denial of the application for renewal of Commission approval; or
(b)
Appeal the Deputy Director’s denial of the application for renewal of Commission approval to the Commission as established under Regulation .05 of this chapter.
Regulation .05 Appeal to the Commission of Denial of Approval by the Deputy Director.LinkCopy Citation
A.
An agency may appeal to the Commission a denial by the Deputy Director of an application for Commission approval or renewal of Commission approval of the agency’s program.
B.
An agency appealing a denial by the Deputy Director of an application for Commission approval or renewal of Commission approval of the agency’s program shall:
(1)
Submit the appeal in writing to the Executive Director of the Police and Correctional Training Commissions (Executive Director) in a format or on a form approved by the Commission; and
(2)
Include in the written appeal, the basis for the agency’s appeal of the denial by the Deputy Director.
C.
Upon receipt of an appeal under §B of this regulation, the Executive Director shall schedule the appeal to be considered by the Commission at the next Commission meeting that is scheduled at least 30 days after the date that the appeal was received by the Executive Director.
D.
At the time the agency’s appeal is heard by the Commission, the Commission:
(1)
Shall permit the Deputy Director to testify and present information related to the denial;
(2)
Shall permit a representative from the agency making the appeal to testify and present information related to the agency’s basis for the appeal; and
(3)
May permit other individuals to testify or present information that the Commission determines relevant to the appeal.
E.
Following testimony and presentation of information under §D of this regulation, the Commission, by a majority vote of the members present at the meeting, may:
(1)
Sustain the denial by the Deputy Director;
(2)
Grant the agency’s appeal unconditionally; or
(3)
Grant the agency’s appeal with conditions.
F.
Appeal of Denial — Commission’s Decision.
(1)
Within 10 days following the Commission’s decision under §E of this regulation, the Executive Director, or a designee, shall provide the agency filing the appeal and the Deputy Director written notice of the Commission’s decision.
(2)
If the Commission sustains the denial by the Deputy Director, the notice shall include the Commission’s reason for sustaining the denial.
(3)
If the Commission grants the appeal without conditions, the notice shall include:
(a)
A statement of Commission approval of the program or renewal of Commission approval; and
(b)
The date of expiration of Commission approval or renewal of Commission approval, which may not exceed 4 years from the date of Commission approval of the application.
(4)
If the Commission grants the appeal with conditions, the notice shall include:
(a)
A statement of Commission approval of the program or renewal of Commission approval;
(b)
If applicable, an explanation of the conditions with which the agency shall comply to continue Commission approval of the program or renewal of Commission approval; and
(c)
The date of expiration of Commission approval or renewal of Commission approval, which may not exceed 4 years from the date of Commission approval of the application.
G.
Within 10 days of the date of receipt of a written notice under §F(1) of this regulation, the Deputy Director, or a designee, shall provide written notice including the information under §F(4) of this regulation to the Comptroller.
H.
A decision on an agency’s appeal of a denial of Commission approval of an agency’s program or renewal of Commission approval of an agency program is final.
Regulation .06 Reporting Changes to a Program.LinkCopy Citation
A.
An agency with a Commission-approved program shall report to the Deputy Director changes to the information submitted as part of the original application for Commission approval or the most recent application for renewal of Commission approval of the program.
B.
The agency shall report changes under §A of this regulation within 30 days after the effective date of the changes.
C.
The Deputy Director shall notify the Comptroller of changes reported under §B of this regulation.
Regulation .07 Required Police Auxiliary or Reserve Volunteer Program Record Keeping and Reporting.LinkCopy Citation
A.
Minimum Record-Keeping Requirements.
(1)
An agency that has a Commission-approved program, shall maintain records for each calendar year that includes information on each individual participating in the agency’s Commission-approved program as required under Tax-General Article, §10-208(l)(3)(i), Annotated Code of Maryland.
(2)
Information required to be maintained under §A(1) of this regulation shall, at a minimum, include:
(a)
The individual’s full name;
(b)
The individual’s Social Security Number;
(c)
The total hours of service worked by the individual for the agency’s Commission-approved program that itemizes service hours worked for each month; and
(d)
Other information the Commission or the Comptroller may require.
B.
Report to be Provided to Active Status Individuals.
(1)
As required under Tax-General Article, §10-208(l)(3)(ii), Annotated Code of Maryland, on or before February 15 of each year, an agency that has a Commission-approved program shall provide a written report to each individual who the agency determines meets active status requirements in the agency’s Commission-approved program between January 1 and December 31 of the preceding year.
(2)
The report under §B(1) of this regulation shall:
(a)
Be in a format approved by the Commission;
(b)
Identify the individual to whom the report pertains by using the information maintained under §A(2) of this regulation;
(c)
Include information for only the identified individual; and
(d)
Include a certification signed by an authorized official of the agency stating that the identified individual is qualified to apply for the subtraction modification established under Tax-General Article, §10-208(l), Annotated Code of Maryland, on the basis that the individual has, between January 1 and December 31 of the preceding year:
(i)
Participated in a Commission-approved program;
(ii)
Met requirements of Tax-General Article, §10-208(l)(2), Annotated Code of Maryland, to be considered a qualifying police auxiliary or reserve volunteer; and
(iii)
Met minimum requirements for active status as defined under Regulation .02 of this chapter.
C.
Agency’s Annual Report to the Commission and Comptroller.
(1)
On or before October 1 each year, an agency maintaining information under §A(2) of this regulation shall submit a report to the:
(a)
Commission, on behalf of the Department of Public Safety and Correctional Services; and
(b)
Comptroller.
(2)
The report under §C(1) of this regulation shall:
(a)
Be in a format approved by the Commission;
(b)
Include a statement signed by an authorized official of the agency certifying that the information provided is correct; and
(c)
Provide the information that the agency maintains under §A(2) of this regulation for the period of January 1 through December 31 of the preceding year for each individual who the agency determined:
(i)
Qualified to apply for the subtraction modification established under Tax-General Article, §10-208(l), Annotated Code of Maryland; and
(ii)
Met minimum requirements for active status as defined under Regulation .02 of this chapter, but was not qualified to apply for the subtraction modification under Tax-General Article, §10-208(l), Annotated Code of Maryland.
Regulation .08 Individual Eligibility to Apply for Income Tax Subtraction Modification.LinkCopy Citation
A.
An individual is eligible to apply for the income tax subtraction modification established in Tax-General Article, §10-208(l)(1), Annotated Code of Maryland, if the individual meets requirements for:
(1)
Prior service established in Tax-General Article, §10-208(l)(2)(iv), Annotated Code of Maryland; and
(2)
The taxable year for which the individual is applying for the subtraction modification, by meeting requirements:
(a)
Established in Tax–General Article §10-208(a) and (l)(2)(i)—(iii)1, Annotated Code of Maryland; and
(b)
For active status as defined in Regulation .02 of this chapter.
B.
An individual is presumed to meet requirements under §A(1) of this regulation if the individual has applied for and received the subtraction modification established under Tax-General Article, §10-208(l), Annotated Code of Maryland, during any of the previous 10 calendar years by December 31 of the taxable year for which the individual is applying for the subtraction modification.
C.
An individual applying for the subtraction modification established under Tax-General Article §10-208(l), Annotated Code of Maryland, shall comply with procedures established by Comptroller for claiming the subtraction modification.
Regulation .09 Commission Audit Authority.LinkCopy Citation
A.
The Commission may audit records related to an agency’s Commission-approved program.
B.
The purpose of a Commission audit is to ensure agency compliance with Commission requirements established under this chapter and authorized under Tax-General Article, §10-208(l), Annotated Code of Maryland.
Regulation .10 Revocation of Program Approval.LinkCopy Citation
A.
The Deputy Director may revoke Commission approval of an agency’s program if the agency does not:
(1)
Submit to the Commission information as required by Regulation .06 of this chapter;
(2)
Maintain records or comply with reporting required by Regulation .07 this chapter;
(3)
Continue to meet minimum requirements for Commission approval; or
(4)
Comply with other provisions of this chapter.
B.
Before revoking Commission approval of an agency’s program, the Deputy Director shall:
(1)
Notify the agency of the specific requirement with which the agency’s program does not comply; and
(2)
Provide the agency up to 30 days to bring the program into compliance.
C.
The Deputy Director shall notify the Comptroller if the Deputy Director revokes Commission approval of an agency’s program.
D.
An agency may appeal a decision by the Deputy Director to revoke Commission approval of the agency’s program according to procedures established under Regulation .11 of this chapter.
Regulation .11 Appeal of Revocation of Commission Approval.LinkCopy Citation
A.
If the Deputy Director revokes Commission approval of an agency’s program under Regulation .10 of this chapter, the agency may appeal to the Commission for reinstatement of Commission approval of the agency’s program.
B.
An agency appealing revocation by the Deputy Director of Commission approval of the agency’s program shall:
(1)
Submit the appeal in writing to the Executive Director of the Police and Correctional Training Commissions (Executive Director) in a format or on a form approved by the Commission; and
(2)
Include in the written appeal, the basis for the agency’s appeal of the revocation by the Deputy Director.
C.
Upon receipt of an appeal under §B of this regulation, the Executive Director shall schedule the appeal to be considered by the Commission at the next Commission meeting that is scheduled at least 30 days after the date that the appeal was received by the Executive Director.
D.
At the time the agency’s appeal is heard by the Commission, the Commission:
(1)
Shall permit the Deputy Director to testify and present information related to the revocation;
(2)
Shall permit a representative from the agency making the appeal to testify and present information related to the agency’s basis for the appeal; and
(3)
May permit other individuals to testify or present information that the Commission determines relevant to the appeal.
E.
Following testimony and presentation of information under §D of this regulation, the Commission, by a majority vote of the members present at the meeting, may:
(1)
Sustain the revocation by the Deputy Director;
(2)
Grant the agency’s appeal and reinstate Commission approval unconditionally; or
(3)
Grant the agency’s appeal and reinstate Commission approval with conditions.
F.
Appeal of Revocation — Commission’s Decision.
(1)
Within 10 days following the Commission’s decision under §E of this regulation, the Executive Director, or a designee, shall provide the agency filing the appeal and the Deputy Director written notice of the Commission’s decision.
(2)
If the Commission sustains the revocation by the Deputy Director, the notice shall include the Commission’s reason for sustaining the Deputy Director’s revocation.
(3)
If the Commission reinstates Commission approval of the program without conditions, the notice shall include a statement as to the reinstatement of Commission approval.
(4)
If the Commission reinstates Commission approval of the program with conditions, the notice shall include:
(a)
A statement as to the reinstatement of Commission approval of the program; and
(b)
An explanation of the conditions with which the agency shall comply to continue Commission approval of the program.
G.
Within 10 days of the date of receipt of a written notice under §F(1) of this regulation, the Deputy Director, or a designee, shall provide written notice including the information under §F(4) of this regulation to the Comptroller.
H.
A decision on an agency’s appeal of a revocation of Commission approval of an agency’s program is final.
Chapter 08. Special Tactical Response
Regulation .01 Purpose.LinkCopy Citation
The purpose of this chapter is to establish minimum procedural and training requirements for members of a special tactical response team and a no-knock warrant service operation.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Activate” means to put police officers who are members of a special tactical response team or who are participating in a no-knock warrant service operation on notice of potential deployment for an unusually dangerous or potentially violent situation.
(2)
“After-action report” means a document to be completed following activation and deployment of a special tactical response team or a no-knock warrant service operation that includes, at minimum, the type of deployment, persons deployed, the location deployed to, information about suspects, witnesses, victims, or others, a synopsis of the event, and a conclusion.
(3)
Commission.
(a)
“Commission” means the Police Training and Standards Commission or a representative authorized to act on behalf of the Commission.
(b)
“Commission” includes all references to the Police Training Commission, now known as the Police Training and Standards Commission.
(4)
“Competencies” means the capabilities of the team members to conduct special tactical responses based on tactical abilities, training, and resources.
(5)
“Deployment” means that a team has taken a tactical approach to resolving a law enforcement matter that exceeds the duties of traditional police officers.
(6)
“Documented training” means a permanent record of training that includes the:
(a)
Curriculum;
(b)
List of instructors;
(c)
Record of attendance; and
(d)
If administered, test and examination scores.
(7)
“Law enforcement agency” has the meaning stated in Public Safety Article, §3-201, Annotated Code of Maryland.
(8)
“No-knock warrant service” means a law enforcement warrant service operation in which a police officer does not announce the police officer’s presence prior to obtaining entrance to a premises.
(9)
“Special tactical response” means a planned, strategic, tactical response to resolve critical incidents that may exceed the capabilities of traditional law enforcement officers and investigative unit personnel.
(10)
Special Tactical Response Team.
(a)
“Special tactical response team” means two or more police officers, who have been specially trained, and have the ability to execute strategic responses to resolve critical incidents that may exceed the capabilities of traditional law enforcement officers and investigative unit personnel.
(b)
“Special tactical response team” may include, but is not limited to, a Special Weapons and Tactics (SWAT) Team as defined under Public Safety Article, §3-201(g), Annotated Code of Maryland.
Regulation .03 Special Tactical Response Team.LinkCopy Citation
A.
To increase the likelihood of safely resolving critical situations that may exceed the capabilities of traditional law enforcement officers and investigative units, a law enforcement agency seeking to establish a special tactical response team that may be activated and deployed shall:
(1)
Develop written policies and procedures for special tactical responses that:
(a)
Are designed to meet the law enforcement agency’s operational needs;
(b)
Are consistent with the requirements set forth in this regulation; and
(c)
Address, at minimum the following policy topics:
(i)
Types of missions requiring special tactical response;
(ii)
Team organization and function;
(iii)
Personnel selection and retention criteria;
(iv)
Training requirements;
(v)
Competencies;
(vi)
Procedures for activation and deployment;
(vii)
If applicable, multi-agency cooperation and response;
(viii)
If applicable, criteria for response to other jurisdictions; and
(ix)
Specialized tactical functions, as applicable;
(2)
Ensure team members successfully complete the individual and team training requirements established in Regulation .04A of this chapter prior to initial deployment; and
(3)
Ensure special tactical response teams:
(a)
Conduct an assessment of the tactical needs presented by the circumstances present in each unique situation; and
(b)
Adhere to the training and deployment requirements as set forth in this chapter and according to agency policy and procedures.
B.
A special tactical response team shall be composed of police officers with the advanced tactical training and expertise who are able to engage responsibly in the operational functions described in §C of this regulation and shall, at minimum, include:
(1)
A tactical commander of supervisory rank who has overall responsibility for team personnel, training, operations, deployment, and after-action documentation;
(2)
A team leader who is a team member of senior team status or rank, reports directly to the tactical commander, and develops and executes tactical response training and operations; and
(3)
Team members who provide specialized law enforcement capabilities to contain, prevent, or respond to critical and high-risk situations.
C.
A special tactical response team’s operational functions include, but are not limited to:
(1)
Tactical command and control;
(2)
Perimeter control and containment;
(3)
Entry and apprehension; and
(4)
Hostage rescue.
D.
A police officer’s assignment to a special tactical response team may be a full-time position or designated as a collateral-duty.
E.
A special tactical response team may include police officers from a single law enforcement agency or police officers from multiple law enforcement agencies.
F.
Each regional or multi-agency special tactical response team shall develop the appropriate agreements, protocols, and procedures for interagency cooperation that:
(1)
Delineate, establish, and specify a law enforcement chain of command, operational control, duties and responsibilities of supporting units, and joint training requirements; and
(2)
Specify which agency is charged with jurisdiction in the event of a criminal investigation involving the actions of a team member, such as an officer-involved shooting.
Regulation .04 Minimum Training Requirements for a Special Tactical Response.LinkCopy Citation
A.
Initial Tactical Response Training Standards.
(1)
Prior to initial deployment, each new team leader or member shall attend and successfully complete a Commission-approved course of study that includes:
(a)
Philosophy of special tactical response operations;
(b)
Tactical response theory and concepts;
(c)
Overview of individual and team equipment;
(d)
Operational planning;
(e)
Overview of specialized tactical response functions;
(f)
Command post operations;
(g)
Individual and team movement;
(h)
Basic entry and search techniques;
(i)
Chemical agents and deployment;
(j)
Less lethal munitions and deployment;
(k)
Diversionary device usage;
(l)
Crisis negotiation and de-escalation skills;
(m)
Individual and team firearms training;
(n)
Purpose and intent of warrant service;
(o)
Problem solving situations in a scenario-based learning environment; and
(p)
Legal requirements.
(2)
A Commission-approved course of study for initial special tactical response shall include a minimum of 40 hours of classroom instruction, written examination, and practical exercise that meets the standards established in §A(1) of this regulation.
(3)
Successful completion of a Commission-approved course of study for initial special tactical response requires a police officer to obtain a minimum passing score of 80 percent in all classes.
B.
Continuing Quarterly and Annual Special Tactical Response Training Standards.
(1)
Quarterly, each team leader and member shall complete a minimum of 24 hours of documented training in one or more of the following special tactical core competencies:
(a)
Weapons, munitions, and equipment;
(b)
Individual and team movement;
(c)
Decision making; and
(d)
Specialized tactical functions.
(2)
Each special tactical response team shall successfully complete a minimum of 40 hours of documented, team-based training over a 12-month period, with the full team, consisting of lectures, drills, operational risk assessments, and scenario-based exercises.
(3)
Training hours obtained during a team-based training as specified in §B(2) of this regulation may be applied to an individual team member’s quarterly training requirement if the team-based training:
(a)
Covers one or more of the topics identified in §B(1) of this regulation; and
(b)
Occurs during the quarter for which the team member is seeking credit.
(4)
If a team member maintains one or more specialized team positions, such as deliberate hostage rescue, or integrated tactical response K-9, the team member shall participate in additional documented training that is mandated and specific to each specialized position.
C.
Special Tactical Response Training Requirements for a Tactical Commander.
(1)
A tactical commander shall attend and successfully complete a documented tactical commander course within 1 year of assignment to a special tactical response team.
(2)
Biennially, a tactical commander shall successfully complete a minimum of 16 hours of one or more of the following training topics:
(a)
Review of criminal incidents and tactical response operations;
(b)
Legal issues;
(c)
Mutual aid procedures;
(d)
Deployment and guidelines for deployment;
(e)
Hostage rescue;
(f)
Tactical team operations;
(g)
Command and control;
(h)
Command post operations;
(i)
Tactical operation procedures;
(j)
Tactical components and capabilities;
(k)
Tactical considerations and mission; and
(l)
Training scenarios and problem-solving simulations.
Regulation .05 No-Knock Warrant Service.LinkCopy Citation
A.
To increase the likelihood of safely resolving a high-risk warrant service operation, a law enforcement agency shall ensure that a police officer conducting no-knock warrant service:
(1)
Successfully completes the minimum training requirements established in Regulation .06 of this chapter prior to service of a no-knock warrant; and
(2)
Adheres to the law enforcement agency’s internal policy and procedures.
B.
Regardless of whether a judicial officer has authorized a police officer to enter a premises without knocking and announcing the police officer’s presence prior to entry, a police officer shall, based upon exigent circumstances existing at the time of the entry determine whether such an announcement:
(1)
Is reasonable;
(2)
Increases the risk or danger to the police officer and others; or
(3)
Inhibits the effective investigation of a crime by enabling the destruction or tampering of evidence.
Regulation .06 Minimum Training Standards for Police Officers Involved in a No-Knock Warrant Service.LinkCopy Citation
A.
Prior to initial deployment in a no-knock warrant service operation a police officer shall successfully complete a Commission-approved no-knock warrant service course of study that includes:
(1)
The purpose and intent of warrant service;
(2)
Tactical response theory and concepts;
(3)
Operational planning;
(4)
Basic entry and search techniques;
(5)
Crisis negotiation and de-escalation skills;
(6)
Legal requirements;
(7)
Problem solving situations in a scenario-based learning environment; and
(8)
Multi-agency, mutual aid warrant services procedures.
B.
A Commission-approved no-knock warrant service course shall include a minimum of 24 hours of instruction.
C.
Successful completion of a no-knock warrant service course requires a police officer to obtain a minimum passing score of 80 percent in all classes.
Regulation .07 Deployment.LinkCopy Citation
A.
Prior to each deployment a special tactical response team or police officer involved in no-knock warrant service shall:
(1)
Ensure compliance with all applicable training standards within this chapter;
(2)
Conduct a documented threat and risk assessment to determine the appropriate response and resources necessary for the mission; and
(3)
Develop a mission-specific operational plan and orders.
B.
After-Action Debriefing and Report.
(1)
A tactical commander, or senior member, shall conduct a debriefing of each incident in which a special tactical response or police officers involved in no-knock warrant operations were deployed.
(2)
A tactical commander shall prepare, appropriately disseminate, and retain an after-action report in accordance with agency policy and Maryland law.
Chapter 09. Police Accountability Boards and Administrative Charging Committees
Regulation .01 Purpose.LinkCopy Citation
A.
This chapter establishes a civilian process to receive and process allegations of police officer misconduct involving a member of the public, review administrative investigations, and make disciplinary recommendations involving misconduct.
B.
The agency head of each law enforcement agency shall develop the agency's own procedures to process complaints of misconduct that do not involve a member of the public..
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“ACC jurisdiction” means the governmental entities responsible under Public Safety Article, §3-104(a) and (b), Annotated Code of Maryland, for establishing a jurisdictional ACC and appointing the jurisdiction’s ACC members.
(2)
“Administrative Charging Committee (ACC)” has the meaning stated in Public Safety Article, §3-104, Annotated Code of Maryland.
(3)
“Agency head” has the meaning stated in COMAR, 12.04.01.01.
(4)
“Agency review” means a thorough evaluation of the entire completed investigative file by the agency head.
(5)
“Conflict of interest” means real or seeming incompatibility between an individual’s private interests and the individual’s official responsibilities in a position of trust.
(6)
“Final disposition” means:
(a)
The police officer accepts the ACC recommendation if the agency head does not increase the penalty;
(b)
The police officer accepts the agency head’s increased penalty disposition;
(c)
The police officer accepts the trial board’s finding; or
(d)
The appeal process is exhausted.
(7)
“Law enforcement agency” has the meaning stated in Public Safety Article, §3-201, Annotated Code of Maryland.
(8)
“Local governing body” means:
(a)
For Baltimore City, the Mayor and City Council of Baltimore City;
(b)
For a charter county:
(i)
That does not have an elected chief executive officer, the county council; or
(ii)
That has an elected chief executive officer, the county council or the county council and the county executive, as provided by the county charter;
(c)
For a code county, the county commissioners; and
(d)
For a commission county, the county commissioners.
(9)
“Police Accountability Board (PAB)” has the meaning stated in Public Safety Article §3-102, Annotated Code of Maryland.
(10)
“Police officer” has the meaning stated in Public Safety Article, §3-201, Annotated Code of Maryland.
(11)
“Uniform State Disciplinary Matrix” has the meaning stated in Public Safety Article, §3-105, Annotated Code of Maryland.
Regulation .03 Police Accountability Board.LinkCopy Citation
A.
A PAB shall ensure public accountability and transparency over the powers exercised by law enforcement agencies.
B.
A local governing body shall establish a PAB consistent with the provisions established in Public Safety Article, §3-102, Annotated Code of Maryland.
C.
A local governing body shall determine the number of individuals necessary to administer the PAB.
D.
PAB Membership Eligibility.
(1)
A local governing body may impose eligibility criteria on PAB membership such as requiring that an applicant be:
(a)
At least 21 years old;
(b)
A legal resident or citizen of the United States of America; and
(c)
A resident of the jurisdiction the PAB serves.
(2)
An appointed member shall sign an agreement to maintain the confidentiality of PAB matters related to individual complaints until final disposition.
Regulation .04 State Administrative Charging Committee and Local Administrative Charging Committees.LinkCopy Citation
A.
Consistent with provisions established in Public Safety Article, §3-104, Annotated Code of Maryland, an ACC jurisdiction shall:
(1)
Have one ACC to serve law enforcement agencies within its ACC jurisdiction; and
(2)
Develop written procedures for processing police officer misconduct complaints involving members of the public.
B.
A law enforcement agency shall establish written procedures for handling complaints of police officer misconduct that do not involve members of the public.
(1)
A law enforcement agency shall use the Uniform State Disciplinary Matrix, promulgated in COMAR, 12.04.10, for complaints that result in an administrative charge.
(2)
Administrative charges arising out of an investigation of alleged police officer misconduct, not involving a member of the public, must be filed within one year and one day, pursuant to Public Safety Article, §3-113(c), Annotated Code of Maryland.
C.
Public Invitation to Apply for ACC.
(1)
At least 30 days prior to selecting a member, an ACC jurisdiction shall publicly invite individuals to apply for an appointment to a membership vacancy on the ACC.
(2)
An ACC jurisdiction shall, at minimum, publicly announce on its website an ACC appointment prior to the member’s initial term, successive term, or expiration of term.
D.
ACC Membership Eligibility.
(1)
To the extent permitted by law, an ACC jurisdiction may limit its membership eligibility by requiring, for example, a member to be:
(a)
At least 21 years old;
(b)
A legal resident or citizen of the United States of America;
(c)
A resident of the jurisdiction the ACC serves;
(d)
Of good moral character; and
(e)
Free from bias that may negatively impact the integrity of the ACC.
(2)
If permitted by law, an ACC jurisdiction may exclude an individual from appointment to its ACC for ethical and public trust-related reasons consistent with the ACC’s business needs. An ACC jurisdiction’s reasons for exclusion may include, but are not limited to:
(a)
An individual has a demonstrable conflict of interest, as determined by the ACC jurisdiction;
(b)
An individual is under criminal investigation by a law enforcement agency;
(c)
An individual is charged with a crime pending before a court; or
(d)
An individual has been convicted of, or has received probation before judgement for, a felony or misdemeanor for which a sentence for 1 or more years could have been imposed.
E.
ACC Membership Requirements.
(1)
To the extent consistent with Public Safety Article, §3-104, Annotated Code of Maryland, an ACC jurisdiction may require as a condition of its membership that an individual applying to be an ACC member:
(a)
Submit to a background investigation with the law enforcement agency or investigative firm chosen by the ACC jurisdiction to which the individual has applied;
(b)
Successfully complete the Police Training and Standards Commission’s required training before serving as a member; and
(c)
Sign an agreement to maintain the confidentiality of matters and information considered by the ACC until final disposition.
(2)
Background Investigation.
(a)
To the extent permitted by law, an ACC jurisdiction may authorize a background investigation to determine if an individual applying to be an ACC member is:
(i)
Of good moral character; and
(ii)
Unencumbered by conflicts of interest.
(b)
An ACC jurisdiction shall ensure that a background investigation includes, but is not limited to:
(i)
An examination of publicly available records; and
(ii)
A review of the individual’s presence on social media websites, applications, and platforms.
(c)
The law enforcement agency or firm conducting the background investigation shall report the results in writing to the ACC jurisdiction that made the request.
F.
Grounds for Refusal of an Appointment to the ACC. If permitted by law, an ACC jurisdiction may refuse to appoint an individual to serve as a member, if the individual:
(1)
Does not meet the eligibility requirements imposed by the ACC jurisdiction under §D of this regulation;
(2)
Does not agree to the membership requirements imposed by the ACC jurisdiction under §E(1) of this regulation; or
(3)
Is determined to be unsuitable for membership by the ACC jurisdiction based on the results of the background investigation.
G.
Self-Reporting of Adverse Events.
(1)
A member has an ongoing and continuous obligation to report immediately to the chairman of the ACC any event that may harm the public trust of the ACC.
(2)
Adverse events include, but are not limited to:
(a)
Conflicts of interest;
(b)
Criminal charges;
(c)
Criminal investigations; and
(d)
Criminal convictions.
H.
Terms of Appointment.
(1)
Subject to §H(2) of this regulation, and to the extent such limitations are permitted by law, the term for each appointed ACC member may be limited to a specified period of time.
(2)
In order to maintain the continuity of ACC operations, an ACC jurisdiction may, during its establishment of an ACC, stagger its members’ initial terms of appointment.
(3)
To the extent permitted by law, an ACC jurisdiction may impose term limits for appointment to an ACC.
(4)
Removal or Resignation of an ACC Member.
(a)
If an ACC jurisdiction decides to remove a member from the ACC prior to the end of the member’s term, the ACC jurisdiction shall provide written notification of the decision to the member and the ACC’s chairman.
(b)
An ACC jurisdiction shall immediately remove a member who fails to maintain confidentiality as established under §E of this regulation.
(c)
A member may resign from an ACC at any time by providing written notification to the ACC jurisdiction and the ACC chairman.
I.
Election of an ACC Chairman.
(1)
The members shall choose a chairman from their membership.
(2)
A chairman shall follow Robert’s Rules of Order.
(3)
A chairman’s responsibilities include:
(a)
Establishing the meeting schedule, with a minimum of one meeting per month;
(b)
Establishing a written agenda for each meeting for dissemination to the members in advance of each meeting;
(c)
Calling a meeting to order;
(d)
Coordinating a meeting in accordance with the agenda;
(e)
Inviting discussion among members before voting;
(f)
Inviting motions, seconds, and votes from members;
(g)
Ensuring that a record of all business conducted by the ACC is kept; and
(h)
Promptly reporting to the ACC jurisdiction any concerns or adverse events as established under §G(2) of this regulation.
Regulation .05 ACC Meetings.LinkCopy Citation
A.
As a public body, an ACC is subject to and shall act in accordance with the requirements established in the Maryland Open Meetings Act.
B.
An ACC shall establish a schedule for making determinations or asking for further review in all pending matters within 30 days of the date a law enforcement agency within its jurisdiction completes its investigation.
C.
An ACC shall issue a determination for every initial filing of a complaint by a member of the public within 1 year and 1 day of the date the complaint was received by:
(1)
A PAB, as established in Public Safety Article, §3-113(c), Annotated Code of Maryland; or
(2)
A law enforcement agency.
D.
In order to maintain confidentiality, an ACC shall:
(1)
Adhere to the requirements for closed sessions as required in the Maryland Open Meetings Act; and
(2)
Utilize secure methods to electronically transmit documents, files, notes, and any other materials pertaining to a complaint and subsequent investigation.
E.
Quorum and Attendance.
(1)
Three members constitute a quorum and a quorum shall be in attendance prior to conducting any ACC business.
(2)
ACC meetings may be conducted in person or remotely via secure video connection.
Regulation .06 Law Enforcement Agency Investigation.LinkCopy Citation
A.
Complaints Eligible for Mediation.
(1)
Complaints from the public that meet the eligibility requirements for the mediation process established by regulation pursuant to Public Safety Article, §3-207(d), Annotated Code of Maryland, may, subject to the agreement of the complainant, be handled outside of the formal PAB and ACC complaint process..
(2)
Complaints from the public handled through mediation shall be:
(a)
Tracked with other citizen complaints; and
(b)
Reported to the PAB.
B.
Complaints Not Eligible for Mediation. A law enforcement agency shall complete a thorough investigation upon receipt of a complaint of alleged police officer misconduct, which is not eligible for mediation, as prescribed pursuant to Public Safety Article, §§3-102 and 3-103, Annotated Code of Maryland.
C.
Upon completion of an investigation involving a member of the public, the law enforcement agency shall forward to the ACC the investigative files for the matter and any agency head recommendations within 3 business days of the date the:
(1)
Law enforcement agency completed its investigation and agency review; or
(2)
Agency head of the law enforcement agency completes the agency review and issues a written recommendation regarding the imposition of discipline consideration by the ACC.
D.
Recommendation by Agency Head of the Law Enforcement Agency.
(1)
An agency head may include a written recommendation for the ACC to consider regarding the matter under investigation.
(2)
The written recommendation may include an agency head’s:
(a)
Opinion regarding whether the police officer should be disciplined;
(b)
Explanation of aggravating or mitigating factors or circumstances; and
(c)
Recommendation for a remedial measure, if the ACC determines not to impose administrative charges against the police officer.
(3)
If an agency head believes that discipline is warranted, based on the facts presented in the investigation, an agency head may make a specific recommendation for discipline in accordance with the Uniform State Disciplinary Matrix, as approved by the Police Training and Standards Commission under Public Safety Article, §3-105, Annotated Code of Maryland.
E.
Except as set forth in §F of this regulation, for any alleged police misconduct involving a member of the public and a police officer:
(1)
The investigating unit shall complete its investigation and forward its findings to the administrative charging committee within 334 days after the filing of a complaint by a member of the public or initiation of a complaint by the law enforcement agency in the absence of a complaint by a member of the public;
(2)
The administrative charging committee shall review the administrative findings and make a determination or ask for further investigation within 30 days after receipt; and
(3)
The process of review and investigation by the investigating unit, through disposition by the administrative charging committee, shall be completed within 395 days after the filing of a complaint by a member of the public.
F.
Where alleged police officer misconduct is the subject of a criminal investigation, an administrative charging committee or law enforcement agency shall file any administrative charges within 1 year and 1 day after the date of:
(1)
The investigating law enforcement agency’s timely determination that the matter is not related to criminal activity;
(2)
The disposition of all criminal charges filed against the police officer; or
(3)
The administrative charging committee’s or law enforcement agency’s receipt of timely notice that the appropriate prosecutorial authority declined to file criminal charges.
Regulation .07 ACC Deliberation and Determination.LinkCopy Citation
A.
Deliberation.
(1)
When reviewing an investigative file responsive to a complaint of alleged police officer misconduct, an ACC shall:
(a)
Conform to the procedures established in Public Safety Article, §3-104(e), Annotated Code of Maryland; and
(b)
If applicable, read and consider an agency head’s written recommendation before making a determination, and note the ACC’s consideration in the ACC’s written recommendation.
(2)
An ACC, in the performance of its duties under Public Safety Article, §3-104(f)(1), Annotated Code of Maryland, may request additional information from and investigation by the law enforcement agency that conducted the initial investigation.
(3)
Conflict of Interest.
(a)
An ACC member shall abstain from participation in the review, deliberation, voting, and determination of whether to impose administrative charges against a police officer if the ACC member has a specific conflict of interest related to either the police officer under investigation or the complainant.
(b)
An ACC member with a potential conflict of interest shall announce the existence of the potential conflict of interest prior to any receipt of the materials contained in the investigative file or any deliberations of the complaint.
(c)
If an ACC member becomes aware of a potential conflict of interest after receiving a copy of the investigative file or beginning deliberation, the ACC member shall immediately announce the existence of a potential conflict of interest to the other members of the ACC.
(d)
ACC members shall discuss the details of the potential conflict of interest, and, if the majority determines that the conflict is such that the affected member should not be involved, that member shall be excused from the meeting prior to any consideration of the matter and shall return only after voting on the matter has concluded.
B.
Determination.
(1)
Following deliberation of the investigative file, interviews, body camera footage, and other available materials, an ACC determination shall be made by a majority vote of the members in attendance.
(2)
Each ACC member shall cast one vote and may not abstain unless prohibited from participating in accordance with §A(3) of this regulation.
(3)
If an ACC makes a determination that administrative charges should be filed, the ACC shall make a recommendation in accordance with the Uniform State Disciplinary Matrix established under Public Safety Article, §3-105, Annotated Code of Maryland.
(4)
An ACC may not administratively charge a police officer for conduct for which the police officer has previously been disciplined or sanctioned.
(5)
An ACC may not administratively charge a police officer who was not the subject of the investigating unit’s administrative findings and must request additional investigation into the actions of another police officer who was not subject to the investigation and administrative findings of the original complaint.
(6)
Within 5 business days of the completed deliberations and vote, an ACC shall forward a written opinion and charging recommendation to the agency head, the police officer, and the complainant.
C.
Law Enforcement Agency — Receipt of Written Opinion.
(1)
Upon receipt of an ACC’s administrative charging document and written opinion detailing the findings, determinations, and recommendations, the agency head of the law enforcement agency shall perform the duties assigned under Public Safety Article, §3-105(c), Annotated Code of Maryland.
(2)
An agency head may offer the same discipline recommended by an ACC or a higher degree of discipline within the applicable range of the Uniform State Disciplinary Matrix but may not deviate below the ACC’s recommendation.
(3)
A police officer may:
(a)
Accept the discipline as originally offered by an agency head; or
(b)
Refuse the discipline as originally offered by an agency head and have the matter referred to a trial board.
Chapter 10. Uniform State Disciplinary Matrix
Regulation .01 Purpose.LinkCopy Citation
A.
The purpose of the Uniform State Disciplinary Matrix is for law enforcement agencies to apply disciplinary standards in a fair, equitable and consistent manner Statewide.
B.
This chapter establishes the Uniform State Disciplinary Matrix required for all matters that may result in discipline of a police officer.
C.
A law enforcement agency shall adopt the Uniform State Disciplinary Matrix in accordance with Public Safety Article,
§3-105, Annotated Code of Maryland.
§3-105, Annotated Code of Maryland.
Regulation .02 General Provisions.LinkCopy Citation
A.
In order to protect the collective integrity of a law enforcement agency, all matters that may result in discipline shall be imposed pursuant to the Uniform State Disciplinary Matrix as responsive measures to a police officer’s sustained violation of a law enforcement agency’s policy.
B.
Imposition of Discipline.
(1)
Generally, each sustained violation of police officer misconduct shall be considered separately for the purpose of recommending and imposing discipline.
(2)
When multiple sustained violations arise from the same conduct or incident, as applicable, an agency head or Administrative Charging Committee (ACC), may decide that the most effective way to determine the appropriate level of discipline in the case is to consolidate sustained violations into one form of discipline.
(3)
Discipline imposed for first or subsequent sustained misconduct violations may follow a progressive course for repeat or increasingly serious violations.
(4)
The Uniform State Disciplinary Matrix and the imposition of discipline may not be based on a police officer’s race, religion, gender expression, gender identity, sex assigned at birth, sexual orientation, national origin, age, ethnicity, or familial relationship.
(5)
The imposition of discipline shall not be influenced by the high or low profile nature of the police misconduct.
Regulation .03 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Administrative Charging Committee (ACC)” has the meaning stated in Public Safety Article, §3-104, Annotated Code of Maryland.
(2)
Aggravating Factor.
(a)
Aggravating factor" means conditions or events related to a police misconduct violation that may increase the seriousness of the violation and degree of penalty as specified in the Uniform State Disciplinary Matrix.
(b)
“Aggravating factor” includes, but is not limited to the following:
(i)
A police officer’s prior disciplinary history;
(ii)
A police officer’s prior negative work history, including non-disciplinary corrective action;
(iii)
A police officer’s rank;
(iv)
A violation was committed willfully or for personal gain;
(v)
A police officer’s effort to conceal the violation, or to be untruthful or dishonest;
(vi)
A police officer’s failure to cooperate with an investigation into alleged misconduct;
(vii)
A violation was retaliatory in nature;
(viii)
A violation or behavior was motivated by bias against a member or group of protected class under Maryland’s hate crimes law, as stated in Criminal Law Article, §10-304, Annotated Code of Maryland or the Anti-Employment Discrimination law as stated in State Government Article, §20-602, Annotated Code of Maryland or other state and federal hate crimes law;
(ix)
The police officer’s expressed unwillingness to comply with policy, tactics, or performance standards;
(x)
The impact of the violation on the community or the law enforcement agency’s ability to carry out its mission;
(xi)
The degree to which the violation caused or could have caused the loss of life or injury; and
(xii)
The degree to which the violation caused loss or damage to public or private property.
(3)
“Formal written counseling (FWC)” means a written warning given to a police officer that outlines a police officer’s misconduct and serves as the least severe form of discipline.
(4)
“Law enforcement agency” has the meaning stated in Public Safety Article, §3-201, Annotated Code of Maryland.
(5)
“Letter of reprimand” means a formal letter given to a police officer detailing the wrongful action and detailing the required corrective action.
(6)
“Loss of leave” means the removal of paid time off from a police officer’s earned and accrued paid time off total.
(7)
“Loss of pay” means the suspension from duty without pay.
(8)
“Mediation” means a process in which parties in a dispute work with one or more impartial mediators who assist the parties in reaching a voluntary agreement for the resolution of a nonviolent dispute or conflict.
(9)
Mitigating Factor.
(a)
“Mitigating factor” means a condition or event related to a policy violation that may decrease the seriousness of the violation and degree of discipline.
(b)
“Mitigating factor” includes, but is not limited to, the following:
(i)
A police officer’s actions are attributable to selfless concern for the wellbeing of others;
(ii)
A police officer’s lack of disciplinary history;
(iii)
A police officer’s complimentary work history;
(iv)
A police officer’s prior positive work history;
(v)
A violation was the inadvertent result of reasonable, otherwise compliant performance;
(vi)
A police officer’s prompt acceptance of responsibility for the conduct and willingness to be held accountable;
(vii)
A police officer’s commission of the violation at the direction of a superior;
(viii)
A police officer’s exposure to unusually serious workplace tensions and stressors; and
(ix)
The violation is attributable to limitations beyond the control of the police officer based on a physical or mental disability.
(10)
“Penalty days” means either the forfeiture of vacation days or the imposition of suspension without pay for a specified period of time, or both. The number of hours that determines a day is based on the police officer’s work schedule.
(11)
“Police misconduct” has the meaning stated in Public Safety Article, §3-101, Annotated Code of Maryland.
(12)
“Police officer” has the meaning stated in Public Safety Article, §3-201, Annotated Code of Maryland.
(13)
“Remedial training” means training designed to correct the behavior of:
(a)
A police officer who has failed to perform the police officer’s duties with the skill, knowledge, and ability expected and required of an individual given the authority and responsibility to enforce the law; or
(b)
A police officer who has demonstrated a need for additional training.
(14)
“Sustained violation” means an investigation has revealed sufficient evidence to impose administrative charges against a police officer for a violation category established in Regulation .04 of this chapter.
(15)
“Uniform State Disciplinary Matrix” has the meaning stated in Public Safety Article, §3-101, Annotated Code of Maryland.
Regulation .04 Uniform State Disciplinary Matrix.LinkCopy Citation
A.
Violation Levels.
(1)
Level One. The first level of violation category indicates a first sustained occurrence of a police officer's misconduct.
(2)
Level Two. The second level of a violation category indicates a second sustained occurrence of a police officer's misconduct within the time periods specified in §D of this regulation and during which a sustained level one violation was committed.
(3)
Level Three. The third level of a police misconduct violation category indicates a third sustained occurrence of a police officer's misconduct within the time periods specified in §D of this regulation and during which a sustained level one and level two violation was committed.
B.
Disciplinary Ranges.
(1)
The range of disciplinary penalties within the Uniform State Disciplinary Matrix includes:
(a)
A formal written counseling;
(b)
A letter of reprimand;
(c)
Loss of leave;
(d)
Suspension and loss of pay;
(e)
Demotion; and
(f)
Termination.
(2)
A law enforcement agency shall determine the number of hours that constitutes a penalty day, based on a police officer's work schedule.
C.
Additional Corrective Measures.
(1)
In addition to the disciplinary penalties established within the Uniform State Disciplinary Matrix a law enforcement agency head, ACC or trial board following a determination to impose administrative charges, may:
(a)
Refer the police officer to:
(i)
Counseling;
(ii)
An employee assistance program;
(iii)
Remedial training; or
(iv)
Another police officer assistance program permitted by a law enforcement agency's policy;
(b)
Suspend or remove a police officer from a take-home car program; and
(c)
Suspend a police officer from secondary employment.
(2)
The options listed in §C(1) of this regulation may be independently imposed by police management in addition to any administrative charges imposed by an ACC or trial board.
D.
Violation Categories.
(1)
The Uniform State Disciplinary Matrix includes six designated violation categories that represent a progression in the severity of police misconduct violation.
(2)
Category A Violation.
(3)
Category B Violation.
(4)
Category C Violation
(5)
Category D Violation.
(a)
| Categories and Descriptions | Level | Disciplinary Range Mitigating Factors → Aggravating Factors |
||
|---|---|---|---|---|
| Category D: Conduct substantially contrary to the values of the law enforcement agency or that substantially interferes with its mission, operations, or professional image, or that involves a serious risk to officer or public safety, or intentionally violates law enforcement agency policy. | One: 1st Violation | 5 Days Loss of Leave or Loss of Pay | to | Up to 15 Days Loss of Pay |
| Two: 2nd Violation in 60 Months | 10 Days Loss of Pay | to | Up to 20 Days Loss of Pay | |
| Three: 3rd Violation in 60 Months | GO TO CATEGORY E LEVEL 1 | |||
(b)
Demotion or reduction in rank may also be considered as a part of the disciplinary penalty for Category D Violation.
(6)
Category E Violation.
(a)
| Categories and Descriptions | Level | Disciplinary Range Mitigating Factors → Aggravating Factors |
||
|---|---|---|---|---|
| Category E: Conduct that involves misuse of authority, unethical behavior (not involving false reporting or false statements), or an act that could result in an adverse impact on an officer or public safety or to the professionalism of the law enforcement agency or a violation of any misdemeanor. | One: 1st Violation | 15 Days Loss of Pay | to | 25 Days Loss of Pay up to Termination |
| Two: 2nd Violation in 60 Months | 15 Days Loss of Pay | to | 30 Days Loss of Pay up to Termination | |
| Three: 3rd Violation in 60 Months | GO TO CATEGORY F LEVEL 1 | |||
(b)
Demotion or reduction in rank may also be considered as a part of the disciplinary penalty for Category E Violation.
(7)
Category F Violation.
(8)
Special Circumstance Categories.
(a)
| Categories and Descriptions | Level | Disciplinary Range Mitigating Factors → Aggravating Factors |
||
|---|---|---|---|---|
| Driving Under The Influence Category 1: Any off-duty driving under the influence of alcohol and/or drugs which would constitute a violation of law. |
One: 1st Violation | 15 Days Loss of Pay | to | Termination* |
| Two: 2nd Violation | 30 Days Loss of Pay | to | Termination* | |
| Three: 3rd Violation | Termination* | |||
| Category 2: Any on-duty or off-duty in a departmental vehicle driving under the influence of alcohol and/or drugs which would constitute a violation of law. | One: 1st Violation | Termination* | ||
| *Termination may be imposed as discipline unless prohibited by an Executive Order or superseding government policy. | ||||
(b)
| Categories and Descriptions | Level | Disciplinary Range Mitigating Factors → Aggravating Factors |
||
|---|---|---|---|---|
| Failure to Appear for Court and MVA Hearings Category 1: Intentional or purposeful failure to appear for any properly summoned court appearance which is the result of action taken as a law enforcement officer. This category also includes MVA hearings. |
One: 2 violations in 1 year |
Formal Written Counseling | to | Formal Written Counseling |
| Two: 2 additional violations in 2 years |
Formal Written Counseling | to | Up to 2 Days Loss of Leave or Loss of Pay | |
| Note: The penalty cycle resets one calendar year from the date of the first violation. | ||||
(c)
| Categories and Descriptions | Level | Disciplinary Range Mitigating Factors → Aggravating Factors |
||
|---|---|---|---|---|
| Departmental Collisions Category 1: Minor Damage* to Police Vehicle and/or Other Property or Vehicle* |
One: 1st Violation up to 12 months |
Formal Written Counseling | to | Letter of Reprimand |
| Two: 2nd Violation within 0—24 months |
Formal Written Counseling | to | Up to 2 Days Loss of Leave or Loss of Pay | |
| Three**: 3 or more Violations within 0—36 months |
Letter of Reprimand | to | Up to 5 Days Loss of Leave or Loss of Pay | |
| Category 2: Major Damage to Police Vehicle, Other Property, or Vehicle | One: 1st Violation up to 12 months |
Formal Written Counseling | to | Up to 1 Day Loss of Leave or Loss of Pay |
| Two: 2nd Violation within 0—24 months |
Letter of Reprimand | to | Up to 3 Days Loss of Leave or Loss of Pay | |
| Three**: 3 or more Violations within 0—36 months |
Letter of Reprimand | to | Up to 10 Days Loss of Leave or Loss of Pay | |
| Category 3: Injury to Law Enforcement Personnel or Civilian; If gross negligence or reckless operation of a police vehicle is involved in any collision that results in serious injury or death the disciplinary range shall increase up to and including termination. | One: 1st Violation up to 12 months |
Formal Written Counseling | to | Up to 2 Days Loss of Leave or Loss of Pay |
| Two: 2nd Violation within 0—24 months |
Letter of Reprimand | to | Up to 5 Days Loss of Leave or Loss of Pay | |
| Three**: 3 or more Violations within 0—36 months |
Letter of Reprimand | to | Up to 14 Days Loss of Leave or Loss of Pay | |
| * Law Enforcement Agencies may establish a dollar amount as a guideline for determining the level of severity (minor vs major). ** Driver retraining may be imposed at any level but shall impose for three or more at-fault departmental collisions. |
||||
(9)
Violations that Fall into More than One Violation Category.
(a)
Some acts of police misconduct may fall into more than one violation category depending on the category definition.
(b)
If an act of police misconduct falls into more than one violation category, an ACC, agency head, or trial board, as applicable, shall review the totality of circumstances related to the act and the violation category definition descriptions prior to choosing the category, level, and range.
(10)
Violations not found in the Uniform State Disciplinary Matrix shall be assigned to a violation category based on the circumstances of the police misconduct and the violation category definitions.
Regulation .05 Process for Determining Discipline and Imposing Administrative Charges.LinkCopy Citation
A.
Following a complaint of police officer misconduct the law enforcement agency conducting the investigation shall:
(1)
Investigate the police officer’s actions to determine if the action was a violation of law, regulation, the law enforcement agency’s policy, or other form of police misconduct; and
(2)
Include the information in the investigative file.
B.
An ACC shall review the investigative file and, if applicable, an agency head’s recommendation regarding the imposition of administrative charges in accordance with COMAR 12.04.09.
C.
Following an ACC’s review and deliberation, the ACC shall review the violation category definitions for the most appropriate violation category.
D.
When determining the appropriate violation category, level, and disciplinary range, an ACC, agency head, or trial board may use the Uniform State Disciplinary Matrix violation examples posted on the Police Training and Standards Commission’s website as a guide.
E.
Factors Influencing the Determination to Recommend Administrative Charges and Impose Discipline.
(1)
Mitigating and aggravating factors surrounding a sustained violation may increase or decrease the discipline.
(2)
Factors considered within a disciplinary range shall stay with the specific violation category.
F.
Multiple Count Adjustments. When multiple violations arise from the same incident:
(1)
The violations may be consolidated into one form of discipline by:
(a)
Selecting the most serious violation as a starting point within a violation category; and
(b)
Weighing the other violations to determine whether and how much to increase the discipline with the selected violation category; or
(2)
Each sustained misconduct violation may be considered separately for the purpose of determining discipline.
G.
Prior Disciplinary Record.
(1)
An ACC, agency head, or trial board shall consider a police officer’s prior sustained disciplinary record when determining discipline for a new violation.
(2)
When applicable, three or more sustained violations in the same category within a specified time period shall progress to the next violation category.
H.
Deviation from the Uniform State Disciplinary Matrix.
(1)
An ACC, agency head, or trial board may deviate from the use of the Uniform State Disciplinary Matrix only when required by court order, consent decree, or other superseding legal authority.
(2)
The Uniform State Disciplinary Matrix does not impact a law enforcement agency’s rights to maintain order and manage the affairs of a law enforcement agency in all aspects including, but not limited to:
(a)
Establishing standards of service;
(b)
Transfer or assignment of a police officer;
(c)
Establishing standards for performance and conduct; and
(d)
Maintaining control and regulation of the use of government equipment and property.
I.
Mediation Programs. Complaints from the public that meet the eligibility requirements for the mediation process established by regulation pursuant to Public Safety Article, §3-207(d), Annotated Code of Maryland, may, subject to the agreement of the complainant, be handled outside of the formal PAB and ACC complaint process.
J.
The Uniform State Disciplinary Matrix and Special Circumstance Violations tables shall be maintained and published by the Maryland Police Training and Standards Commission on its public website.
Chapter 11. Police Complaint Mediation Program
Regulation .01 Purpose.LinkCopy Citation
A.
This chapter establishes a police complaint mediation program which provides an alternative method to address minor, nonviolent police misconduct complaints outside of the standard complaint process.
B.
A law enforcement agency may refer a nonviolent complaint made against a police officer, subject to the agreement of the complainant and the involved police officer, to an independent mediation provider.
Regulation .02 General Provisions.LinkCopy Citation
A.
Mediation is a process for settling minor police misconduct disputes based on the voluntary participation of the disputing parties.
B.
If eligible, voluntary mediation between community members and police officers may be used in place of the traditional administrative complaint process and administrative charging committees (ACC).
C.
The mediation process can bridge the communication gap and create a greater understanding and appreciation between community members, police officers, and employing law enforcement agencies.
Regulation .03 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Confidential material” means any communication occurring during a mediation session that may not be disclosed outside the mediation except as allowed pursuant to Courts and Judicial Proceedings Article, §3-1804, Annotated Code of Maryland.
(2)
“Impasse” means an outcome of a mediation session in which the parties are unable to resolve the dispute.
(3)
“Independent mediation provider” means an organization, separate and apart from a law enforcement agency, that can provide mediators to conduct mediation sessions between complainants and law enforcement personnel.
(4)
“Letter of conclusion” means a document signed by staff of the independent mediation provider that is delivered to a law enforcement agency indicating that a mediation session was held between a complainant and police officer.
(5)
“Letter of consent to mediate” means a document signed by the parties in mediation indicating each party’s voluntarily participation in mediation, and witnessed by the mediator.
(6)
“Mediation” has the meaning stated in COMAR 12.04.10.03B.
(7)
“Mediator” means a trained, impartial third party, affiliated with an independent mediation provider, who will facilitate a mediation session between parties to assist them in reaching a voluntary resolution to their dispute.
(8)
“Police misconduct” has the meaning stated in Public Safety Article, §3-101, Annotated Code of Maryland.
(9)
“Resolution” means a mutual agreement resolving a conflict between two or more disputing parties.
Regulation .04 Establishing a Police Complaint Mediation Program.LinkCopy Citation
A.
The Maryland Police Training and Standards Commission (MPTSC) in collaboration with community-based mediation resources shall establish and maintain a listing of qualified mediation providers located within the State.
B.
A law enforcement agency interested in establishing a mediation program shall contact MPTSC for referral to an appropriate mediation provider.
C.
Prior to establishing a mediation process, a law enforcement agency shall enter into a memorandum of understanding (MOU) with a local independent mediation provider approved by MPTSC.
D.
A local law enforcement agency shall establish guidelines for mediation consistent with this regulation and any policy guidelines provided by MPTSC.
E.
A law enforcement agency that enters into an MOU with a qualified mediation provider shall report the establishment of a program to MPTSC and forward a copy to ensure the program meets the requirements of the regulation.
Regulation .05 Mediation Participation.LinkCopy Citation
A.
Participant Requirements.
(1)
Participation in a mediation program is voluntary and shall be agreed upon by the complainant, law enforcement agency, and police officer identified in the complaint.
(2)
A complainant or police officer who is the subject of a complaint of police misconduct has the right to decline mediation.
(3)
If a police officer who is the subject of a complaint declines the offer to mediate the complaint, the decision to not participate may not be considered during any disciplinary proceeding.
(4)
A party to mediation shall sign a letter of consent to mediate as an alternative to the formal police misconduct complaint process, outlined in COMAR 12.04.09 and the uniform citizen complaint process.
B.
Confidentiality.
(1)
All parties involved in a potential mediation process shall agree to the confidentiality requirements as set forth in Courts and Judicial Proceedings Article, §3-1803, Annotated Code of Maryland.
(2)
Except as provided in Courts and Judicial Proceedings Article, §3-1804, Annotated Code of Maryland, statements shared during a mediation are considered confidential material and may not be disclosed in any judicial, administrative, or other proceeding.
C.
Costs associated with participating in a mediation program are the responsibility of the law enforcement agency employing the involved police officer.
Regulation .06 Complaints Eligible for Mediation.LinkCopy Citation
A.
Complaint Eligibility.
(1)
A nonviolent complaint of a minor nature is eligible for mediation if it falls into one of the following categories:
(a)
Violation category A, as stated in COMAR 12.04.10.04D(2); or
(b)
Violation category B, as stated in COMAR 12.04.10.04D(3).
(2)
A law enforcement agency shall review the nature of the complaint and determine if mediation is appropriate, based on the following factors:
(a)
Type and severity of the alleged violation;
(b)
Circumstances of the alleged police misconduct; and
(c)
Work history and past disciplinary record of the involved police officer.
(3)
Even if a complaint is eligible for mediation, the agency head or designee has the authority to decide, for any reason, that a case may not be assigned for mediation.
B.
Complaints Not Eligible.
(1)
A complaint of police misconduct that involves any level of force is not eligible for mediation.
(2)
A complaint is not eligible for mediation if it falls into one of the following categories:
(a)
Violation category C, as stated in COMAR 12.04.10.04D(4);
(b)
Violation category D, as stated in COMAR 12.04.10.04D(5);
(c)
Violation category E, as stated in COMAR 12.04.10.04E(6); or
(d)
Violation category F, as stated in COMAR 12.04.10.04D(7).
C.
A complaint of police misconduct not eligible for mediation shall be handled through the process set forth in COMAR 12.04.09.
Regulation .07 Complaint Procedures.LinkCopy Citation
A.
When a minor complaint from a member of the public has been made to a law enforcement agency or police accountability board, a law enforcement agency shall review the nature of the complaint and determine if it is eligible for the mediation program.
B.
Notification to Involved Parties.
(1)
If the complaint is eligible and conforms to Regulation .06 of this chapter, the law enforcement agency shall notify the police officer who is the subject of the complaint of the mediation option.
(2)
If the police officer agrees to mediation, the law enforcement agency shall notify the complainant of the mediation option.
C.
If the police officer or a complainant decline to participate in mediation, the matter shall be referred back to the administrative complaint process set forth in COMAR 12.04.09.
D.
If all parties to the complaint agree to the mediation process, the law enforcement agency shall contact the independent mediation provider in which there is a current memorandum of understanding (MOU) and proceed with the process pursuant to the MOU.
E.
When a case has been referred to the mediation service, the independent mediation provider will manage the case through mediation and resolution.
Regulation .08 Resolution.LinkCopy Citation
A.
When the mediation process has concluded, the outcome shall be determined by the independent mediation provider to be:
(1)
A successful resolution if all parties agree with the resolution; or
(2)
An impasse if one or more parties to the complaint cannot agree to a satisfactory resolution.
B.
An impasse shall be referred back to the law enforcement agency of the involved police officer for investigation and handled through the administrative complaint process set forth in COMAR 12.04.09.
C.
A successful resolution shall be documented by the independent mediation provider in a written statement, signed by both parties and the mediator.
D.
The mediator shall send a letter of conclusion to the referring law enforcement agency indicating the results of mediation.
E.
Results of the mediation shall be tracked by the law enforcement agency and forwarded to the local police accountability board.
F.
Complaint mediation statistics shall be included in the law enforcement agency’s annual reporting of complaints involving the public, and the statistics shall include the:
(1)
Total number of complaints handled through mediation;
(2)
Number of successful resolutions; and
(3)
Number of mediation impasses.
G.
If the police officer fails to comply with the actions and deadlines identified in the mediation agreement, a new complaint shall be initiated and the actions of the original complaint of misconduct shall be considered as a potential aggravating factor.