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23.13.206    REQUIREMENTS FOR THE BASIC CERTIFICATE

(1) In addition to ARM 23.13.204 and 23.13.205, the following are required for the award of the basic certificate:

(a) Public safety officers hired after the effective date of this regulation shall have completed:

(i) the probationary period prescribed by law, but in any case have a minimum of one year experience with the agency;

(ii) the basic course or the equivalency as defined by the council; and

(iii) application for the basic certificate.

(b) Public safety officers hired before the effective date of this regulation shall have:

(i) completed the probationary period prescribed by the employing agency, and shall have served a minimum of one year with the present employing agency;

(ii) completed the basic course at the academy, or an equivalency as defined by the council; or

(iii) satisfied the requirements for the basic certificate by their experience, and satisfactorily performed their duties as attested to by the head of the agency for which they are employed.

(c) Public safety officers with out-of-state experience and training formerly employed by a designated federal, state, tribal, county, municipality, city, or town who do not have basic certification and are employed by a Montana law enforcement and/or public safety agency:

(i) shall have completed the probationary period prescribed by law, but in any case have a minimum of one year experience with the present employing agency;

(ii) whose training and service time is determined by the council as equivalent to the basic course must successfully complete an equivalency program, approved by the council and administered by the academy. The council will require those who fail an equivalency program to successfully complete the basic course at the academy;

(iii) whose training and service time is determined by the council as not equivalent to the basic course must, within one year of initial appointment, successfully complete the basic course; and

(iv) shall have been employed as a public safety officer for a minimum of one year within the last five years prior to employment in Montana.

(d) All of the training and equivalency requirements for the basic certificate must be accomplished within one year of the initial appointment.

(e) Council may grant a one time extension to the one year time requirement for public safety officers upon the written application of the public safety officer and the appointing authority of the officer. The application must explain the circumstances which make the extension necessary. The council may not grant an extension to exceed 180 days. Factors that the council may consider in granting or denying the extension include but are not limited to: 

(i) illness of the public safety officer or a member of the public safety officer's immediate family;

(ii) absence of reasonable access to the basic course, or the legal training course; and/or

(iii) an unreasonable shortage of personnel within the department.

(f) A public safety officer who has been issued a basic certificate by the council and whose last date of employment as a public safety officer was less than 36 months prior to the date of the person's present appointment as a public safety officer is not required to fulfill the basic educational requirements as set forth in these rules.

(g) If the last date of employment as a public safety officer is more than 36 months but less than 60 months prior to the date of present employment as a public safety officer, the public safety officer may satisfy the basic requirement by successfully passing a basic equivalency course administered by the academy. If the public safety officer fails the basic equivalency course, the basic course shall be completed within the time frames set forth in the rules. If no basic equivalency course exists for the public safety officer's specific discipline, then the applicable basic course must be completed within 36 months of the last date of employment.

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

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