<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".03" citation="COMAR 12.04.01.03" title_num="12" subtitle_num="04" chapter_num="01" heading="Provisional Certification.">
  <paragraph num="A.">
    <text>The Commission may grant an applicant a provisional certification after the applicant meets applicable selection standards under Regulation .04 of this chapter.</text>
  </paragraph>
  <paragraph num="B.">
    <text>An applicant for certification as a police officer may not:</text>
    <paragraph num="(1)">
      <text>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</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>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.</text>
  </paragraph>
  <paragraph num="D.">
    <text>Provisional certification is valid until:</text>
    <paragraph num="(1)">
      <text>365 cumulative days have elapsed from the initial date of provisional certification;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>It is determined that applicable selection standards have not been met;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The officer is certified as a police officer;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The police officer's employment is terminated; or</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The Commission recalls the provisional certification under Public Safety Article, §3-213, Annotated Code of Maryland.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>A provisional certification under this regulation may be issued to an individual who was formerly certified as a police officer who:</text>
    <paragraph num="(1)">
      <text>Has not been employed as a police officer with a law enforcement agency for over 3 years; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Meets the applicable selection standards under Regulation .04 of this chapter.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Probationary Period.</text>
    <paragraph num="(1)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The probationary period begins on the day that a police officer receives provisional certification from the Commission.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>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.</text>
    </paragraph>
  </paragraph>
</regulation>