958 Administration of the training program

MUNICIPAL POLICE OFFICERS' EDUCATION AND TRAINING COMMISSION

[37 PA. CODE CHS. 201 AND 203]

Administration of the Training Program

[26 Pa.B. 2793]

   The Municipal Police Officers' Education and Training Commission (Commission) proposes to reserve Chapter 201 (relating to administration of the program) and to adopt Chapter 203 (relating to administration of the program) under the authority of section 5 of the act of June 18, 1974 (act) (P. L. 359, No. 120) (53 P. S. § 744 (15)), to read as set forth in Annex A.

Purpose

   The purpose of these proposed amendments is to implement mandatory recruit training for all police officers subject to the act, to provide certification procedures for those individuals who successfully complete the training, pass a State certification test and are employed by a political subdivision or certain colleges or are deputy sheriffs employed by the Allegheny County Sheriff's Office. The proposal also provides that certifications must be renewed every 2 years and mandates that an officer must complete at least 12 hours of in-service training yearly and maintain certification in first aid, CPR and weapons qualification. The proposal also sets physical, psychological and criminal standards for police officers and requires a job related certification test. Those officers that do not meet the standards are subject to decertification by the Commission.

Effect

   The proposal affects every police officer as that term is defined in section 2 of the act (53 P. S. § 741). All existing school certifications shall continue. All existing police office certifications shall continue until their expiration date. Those police officer certifications without an expiration date shall expire upon the effective date of these rules and regulations. All existing instructor certifications issued to instructors who have taught at a certified school during the 2 years preceding publication for adoption of the final rulemaking shall continue, all others shall expire upon the effective date of the final rulemaking.

Legal Issues

   There is a possible legal issue that has arisen in the development of these proposed amendments. The act provides that certification runs for 2 years. The proposed amendments provide, however, that if the officer fails to complete 12 hours of mandatory in-service training yearly and maintain certification in first aid, CPR and weapons qualifications his certification would be considered expired. The Commission would not revoke the certification of that officer, however, until the end of the 2-year period. An officer who fails to meet the standards as set forth in Chapter 203 could be decertified by the Commission.

Policy

   There is a policy issue concerning the impact of the proposed amendments on current officers. Officers will have to comply with mandatory in-service training, first aid, CPR and weapons qualifications yearly, or they may be decertified. Therefore, some officers who were grandfathered for basic training purposes will now have to comply with mandatory in-service training, first aid, CPR and weapons qualification requirements for the first time. Most police officers have been complying with these requirements on a nonmandatory basis since Act 180 of 1988 became law. Police officers will also be required to meet standards for physical and psychological fitness and with regard to criminal convictions, or face the possibility of being decertified.

Fiscal Impact

   The proposed amendments will have no additional fiscal impact on the Commonwealth.

   The costs to municipalities would be for transportation of officers to in-service training schools and in maintaining first aid, CPR and firearms qualifications and costs associated with paying overtime or salaries to officers attending the aforementioned. The proposed amendments do not, however, require political subdivisions to pay salaries to officers attending in-service training.

Regulatory Review

   Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), the Commission submitted a copy of these proposed amendments on May 21, 1996, to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House Judiciary Committee and the Senate Law and Justice Committee. In addition to submitting these proposed amendments, the Commission has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the agency in compliance with Executive Order 1982-2, ''Improving Government Regulations.'' A copy of this material is available to the public upon request.

   If IRRC has any objections to the proposed amendments, it will notify the Commission within 30 days of the close of the public comment period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the amendments, by the Commission, the General Assembly and the Governor of objections raised.

Sunset Date

   The legislation under which the Commission was re-established has a sunset date of December 31, 1998.

Public Comment

   Interested persons are invited to submit written comments, suggestions or objections regarding the proposed amendments to the Commission within 30 days of the publication of this notice in the Pennsylvania Bulletin. All comments should be directed to:  Major Richard C. Mooney, Executive Director, Municipal Police Officers' Education and Training Commission, 75 East Derry Road, Hershey, PA 17033, who may be contacted at [phone] for further information.

COLONEL PAUL J. EVANKO,   
Chairperson

   (Editor's Note:  The Commission is proposing to delete Chapter 201 as it currently appears in the Pennsylvania Code serial pps. (41063)--(41068), (26077), (26078), (83495)--(83498), (26083), (26084), (83499), (83500), (52570), (52511), (52596), (52597), (52634), (52635), (83501), (83502), (26087), (26088), (41071)--(41078), (52582)--(52591), (41081)--(41092), (110687) and (110688)) and replace it with Chapter 203 which appears in Annex A.)

   Fiscal Note:  17-55. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 37.  LAW

PART IV.  MUNICIPAL POLICE OFFICERS' EDUCATION
AND TRAINING COMMISSION

Subpart A.  MUNICIPAL POLICE OFFICERS TRAINING PROGRAM

CHAPTER 203.  ADMINISTRATION OF THE PROGRAM

Subch.

A.	GENERAL
B.	POLICE OFFICER CERTIFICATION REQUIREMENTS
C.	SCHOOL REQUIREMENTS
D.	COURSE REQUIREMENTS
E.	INSTRUCTOR CERTIFICATIONS
F.	REIMBURSEMENT OF EXPENSES
G.	NOTICE AND HEARINGS

Subchapter A.  GENERAL

Sec.

203.1.

Definitions.

§ 203.1.  Definitions.

   In addition to the definitions contained in the act, the following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

   Act--The act of June 18, 1974 (P. L. 359, No. 120) (53 P. S. §§ 740--749).

   Certification--The assignment of a certification number to a police officer after successful completion of a mandatory basic training course or receipt of a waiver of basic training from the Commission and successful completion of mandatory in-service training.

   Certified police officer--A police officer who is authorized to enforce 18 Pa.C.S. (relating to the Crimes Code) moving violations of 75 Pa.C.S. (relating to the Vehicle Code) and carry a firearm.

   Chairperson of the Commission--The Commissioner of the State Police.

   Commission--The Municipal Police Officers Education and Training Commission.

   Conviction--An adjudication of guilt including the imposition of a sentence.

   Disqualifying criminal offense--A criminal offense for which more than 1 year in prison can be imposed as punishment.

   Executive Director--The Commission elected head of staff responsible for administration. See section 5(10) of the act (53 P. S. § 744(10)).

   Program--The Municipal Police Officers' Education and Training Program.

   School--A training school or academy which provides a basic police training course. The term includes an organization which provides such a course within the functional organization of a police department or an educational entity within this Commonwealth which provides such a course at its base facility and at other locations approved by the Commission. Each separate geographical location is considered a school.

Subchapter B.  POLICE OFFICER CERTIFICATION REQUIREMENTS

Sec.

203.11.	Qualifications.
203.12.	Waiver of training.
203.13.	Certification as a municipal police officer.
203.14.	Revocation of certification.
203.15.	Application packet submission.

§ 203.11.  Qualifications.

   Persons who are to be employed as police officers by police departments in this Commonwealth from _____ (Editor's Note: The blank refers to the effective date of adoption of this proposal), shall meet the following requirements:

   (1)  Applicants shall be 18 years of age or older.

   (2)  Applicants shall possess a high school diploma or GED Equivalency.

   (3)  Applicants shall be citizens of the United States.

   (4)  Applicants shall be personally examined by a doctor of medicine licensed by the State Board of Medicine or a doctor of osteopathy licensed by the State Board of Osteopathic Medicine and found to meet the physical standards contained in this chapter. The examination shall include the following elements:

   (i)  Applicants shall be free from the addictive or excessive use of alcohol or drugs which shall be determined using current laboratory testing procedures.

   (ii)  Applicants shall be free from the use of illegal controlled substances which shall be determined using current laboratory, testing procedures.

   (iii)  Applicants physical condition shall be such that applicants could reasonably be expected to withstand significant cardiovascular stress.

   (iv)  Applicants shall be free from debilitating conditions such as tremor, incoordination, convulsion, fainting episodes or other neurological conditions which may affect the applicants' ability to perform as police officers.

   (v)  Applicants shall have visual acuity of at least 20/70, uncorrected in the stronger eye, correctable to at least 20/20; and at least 20/200, uncorrected in the weaker eye, correctable to at least 20/40. In addition, applicants shall have normal depth and color perception and be free of any other significant visual abnormality.

   (vi)  Applicants shall have audio acuity sufficient to distinguish a normal whisper at a distance of 15 feet. The test shall be independently conducted for each ear while the tested ear is facing away from the speaker and the other ear is firmly covered with the palm of the hand. The applicant may not use a hearing aid or other aid to perform the test. If the applicants fail this test, the applicant shall be required to take a decibel audio test and meet standards established by the Commission.

   (vii)  Applicants may not be missing any extremities, including appropriate digits, which would prevent performance of required police duties or meeting minimum training requirements.

   (viii)  Applicants shall be free from other significant physical defects or disorders which would, in the physician's opinion, impair the applicant's ability to perform the duties of a police officer or complete the required minimum training requirements.

   (5)  Applicants shall be personally examined by a psychologist who is licensed by the State Board of Psychology and found to be psychologically capable to exercise appropriate judgment or restraint to perform the duties of a police officer at the time of the examination. The examination shall include the following elements:

   (i)  Interview and history. The psychologist shall personally interview the applicant. The interview shall include a summary of the applicant's personal, educational, employment and criminal history.

   (ii)  Required psychological test. Applicants shall be administered any current standard form of the Minnesota Multiphasic Personality Inventory (MMPI) by a licensed psychologist or a paraprofessional employed by and under the direct control and supervision of a licensed psychologist.

   (iii)  Other testing methods. After initial testing, if the licensed psychologist is unable to certify the applicant's psychological capability to exercise appropriate judgment and restraint to perform the duties of a police officer including the handling of a lethal weapon, the psychologist shall employ whatever other psychological techniques are deemed necessary to form a professional opinion of the applicant's psychological ability. The use of these additional techniques requires a full and complete written explanation to the Commission.

   (6)  Applicants shall certify that they have not failed a physical examination or psychological evaluation conducted in conjunction with an application for police employment within the previous year.

   (7)  Applicants shall be subject to a thorough background investigation conducted by the applicant's employing police department. The investigation shall include the following:

   (i)  A criminal history check including the submission of fingerprints to the Central Repository for the Commonwealth and to the Federal Bureau of Investigation.

   (ii)  A check of the applicant's credit history.

   (iii)  Personal interviews conducted with at least 3 people that have personal knowledge of the applicant but are not related to the applicant.

   (iv)  Interviews of the applicant's employers for the past 5 years to determine the applicant's work history.

   (v)  A check of the applicant's driving record verifying that the applicant has a valid driver's license.

   (vi)  Other investigative techniques deemed appropriate by the applicant's employing police department which are consistent with law.

   (8)  Applicants shall successfully complete a basic police training course given at a Commission-certified school or obtain a waiver of training as enumerated in § 203.12 (relating to waiver of training).

   (i)  Successful completion of a basic police training course shall be determined by the training school, based upon Commission standards.

   (ii)  In order to qualify for this certificate, each applicant shall:

   (A)  Achieve a minimum qualifying firearms score of 75%.

   (B)  Receive certification for first aid and CPR from the American Red Cross, the Department of Health or the American Heart Association.

   (C)  Comply with Commission and school rules and regulations.

   (D)  Pass the same certification exam administered to those seeking waiver of training as set forth in § 203.12(4).

   (E)  Attend 100% of all classes.

   (I)  Excused absences shall be mutually agreed upon by the police officer's department head and school director. School directors shall determine excused absences for applicants not employed as police officers.

   (II)  Excused absences shall include personal illness or injury, illness in the immediate family requiring the applicant's attention or death in the immediate family.

   (F)  Complete the basic training course approved by the Commission with a minimum grade of 75% on each tested area of examination.

   (I)  Applicants not achieving the minimum grade in a tested area are permitted to take that tested area at another Commission-certified school. If the applicant fails to achieve the minimum grade on his second attempt, the applicant shall be required to successfully complete the entire basic police training course at a later time in order to qualify for certification.

   (II)  Applicants not achieving the minimum grade in two separate tested areas during one basic police training course shall be required to successfully complete the entire basic police training course at a later time in order to qualify for certification.

§ 203.12.  Waiver of training.

   Applications for certification for which waivers of training are requested shall be submitted by the applicant's employing police department. All applicants for a waiver of training shall satisfy the following requirements:

   (1)  Applicants for a waiver of training shall be employed as police officers.

   (2)  Applicants for a waiver of training shall satisfy one of the following requirements:

   (i)  Successfully completed a Pennsylvania basic police training course approved by the Commission.

   (ii)  Previously was a Commission-certified police officer.

   (iii)  Previously was employed as a full-time police officer in this Commonwealth before June 18, 1974, who was not required to obtain certification from the Commission, and worked as a full time police officer for at least 5 years.

   (iv)  Previously or currently employed as a full-time police officer of another state and met the certification standards of that state, as evidenced by documentation from the state agency responsible for establishing the standards.

   (3)  All applicants for waiver of training shall undergo proficiency testing in the following three areas. Documentary proof of each qualification shall accompany the waiver of training application.

   (i)  Firearms. Applicants shall qualify on a police firearms course conducted by a certified police firearms instructor with the weapon the applicant will use in the performance of his police duties. The Commission will publish the requirements for a police firearms course in the Commission Newsletter on an annual basis.

   (ii)  First aid/CPR. Applicants shall have valid certification in first aid and adult, child and infant CPR, from the American Red Cross, the American Heart Association, the Department of Health or other agency approved by the Department of Health.

   (iii)  Patrol vehicle operation. Applicants shall successfully pass the patrol vehicle operation test required in the basic police training course at a certified school or by a certified instructor.

   (4)  Applicants for a waiver of training shall take a certification examination administered by the Commission at a location and time designated by the Commission. The schedule for the examinations can be obtained by writing the Commission office.

   (i)  The examination will be comprised of sections which shall coincide with each major topic in the basic training curriculum, but shall exclude those topics which can be proficiency tested only. See paragraph (3).

   (ii)  The minimum passing score for each tested section shall be established by the Commission.

   (A)  Applicants for a waiver of training who do not achieve a passing score in any tested area shall take the basic police training course corresponding to the failed examination section at a school certified by the Commission, in order to be permitted to retake the certification examination.

   (B)  Applicants will not be certified without obtaining a passing score on the certification examination.

   (iii)  Examination results shall be valid for 2 years. For applicants obtaining a passing score, no further examinations will be administered within this period.

§ 203.13.  Certification as a municipal police officer.

   (a)  General.

   (1)  The Commission will supply written verification to the applicant's employing police department upon completion of the Commission's requirements for certification as a police officer.

   (2)  Verification shall be valid only in the department identified on the document provided. Upon termination of employment in a department, certification for that department shall be void and shall be returned to the Commission by the department.

   (3)  If the certification document has been lost or destroyed, a notarized statement shall be provided to the Commission concerning the certification.

   (b)  Initial certification.

   (1)  Initial certification is valid for 2 years from the date of issuance. The document provided by the Commission will contain the date of issuance and expiration in addition to a certification number for identification purposes.

   (2)  Upon receipt of certification a police officer is authorized to enforce 18 Pa.C.S. (relating to the Crimes Code) and moving violations of 75 Pa.C.S. (relating to Vehicle Code) and to carry a firearm.

   (c)  Renewal of certification.

   (1)  The Commission will issue a renewal certificate only to police officers who have satisfied the mandatory in-service training requirement set forth in § 203.52 (relating to mandatory in-service training courses). Mandatory in-service training schools shall provide written notice to the Commission of police officers who have successfully completed the mandatory in-service training course.

   (2)  Certification shall be renewed every 2 years.

   (3)  Renewal certification has the same force and effect as the initial certification.

§ 203.14.  Revocation of certification.

   (a)  The Commission maintains the right to revoke certification for one or more of the following:

   (1)  Failure to maintain employment as a police officer under the act.

   (2)  Failure to maintain first aid or CPR certification.

   (3)  Failure to qualify with firearms as specified in the Commission newsletter.

   (4)  Failure to successfully complete annual mandatory in-service training as specified in the Commission newsletter.

   (5)  Physical or psychological impairment which renders the officer permanently unable to perform his duties.

   (6)  Conviction for a disqualifying criminal offense.

   (7)  Submission to the Commission of any documents that contain known false information including fraudulent application.

   (8)  A certification issued in error.

   (9)  Cheating.

   (10)  Other just cause determined by the Commission.

   (b)  Under subsection (a)(1), (5) and (6), it shall be the responsibility of the head of the applicant's employing police department to provide written notice to the Commission of the following:

   (1)  An officer's termination of employment.

   (2)  An officer who has been determined to have a permanent physical or psychological condition which renders the officer unable to perform his duties.

   (3)  An officer's arrest for a disqualifying offense within 15 days from the date of arrest.

§ 203.15.  Application packet submission.

   (a)  General.

   (1)  Forms shall be original.

   (2)  Forms shall be typewritten.

   (3)  Signatures shall be original.

   (b)  Application packets. Application packets may be obtained by contacting the Commission at the Commission office. Each application packet shall include:

   (1)  One application form for certification. All questions shall be answered and appropriate sections completed.

   (2)  Two fingerprint cards--one State Police Applicant Fingerprint Card and one FBI Applicant Fingerprint Card.

   (i)  Only fingerprint cards obtained from the Commission can be submitted with the application for certification.

   (ii)  The fingerprints of the applicant shall be affixed on the fingerprint cards.

   (iii)  Both fingerprint cards shall contain the contributor number PAPSP0100. Criminal fingerprint cards or fingerprint cards not containing this contributor number will not be accepted.

   (3)  One physical examination form.

   (i)  Physical examinations shall be performed by a licensed physician or osteopath as described in § 203.11(4) (relating to qualifications).

   (ii)  The physical examination form shall be submitted regardless of the results of the examination.

   (iii)  At the discretion of the hiring authority, a physical examination conducted in conjunction with police employment may be valid for 6 months and may be used in support of any police employment application during that period. If a change in the applicant's physical condition invalidates the prior physical examination, a reexamination shall be necessary.

   (4)  One psychological evaluation form.

   (i)  Psychological evaluations shall be performed by a licensed psychologist as described in § 203.11(5).

   (ii)  The psychological evaluation form shall be submitted regardless of the results of the evaluation.

   (iii)  At the discretion of the hiring authority, a psychological evaluation specifically conducted in conjunction with police employment may be valid for 6 months and may be used in support of any police employment application during that period. If a change in the applicant's psychological condition invalidates the prior psychological evaluation, a reevaluation shall be necessary.

   (c)  Submission of packets. Application packets shall be submitted by the head of the applicant's employing police department when an officer must attend basic police training or when a waiver of training is requested.

Subchapter C.  SCHOOL REQUIREMENTS

Sec.

203.31.	Eligibility for school certification.
203.32.	Initial school certification procedure.
203.33.	Minimum school standards and requirements.
203.34.	School inspections.
203.35.	Emergency suspension of school certification.
203.36.	Revocation of school certification.

§ 203.31.  Eligibility for school certification.

   (a)  The Commission will promote the most efficient and economical program for police training by utilizing existing facilities, programs and qualified State, local and Federal police personnel.

   (1)  The Commission will determine the need for police training schools by:

   (i)  Considering the police population in the area.

   (ii)  Determining if there is adequate police training available to support the police population.

   (2)  The Commission will have the authority to revoke the certification of schools, either Statewide or regionally, when it determines that excess police training schools exist.

   (b)  Until the Commission determines that additional schools are required, only those schools in existence and Commission-certified on or before January 1, 1994, shall be eligible for Commission certification.

§ 203.32.  Initial school certification procedure.

   (a)  In the event the Commission determines there is a demonstrated need for additional schools and programs for police training, applications for initial school and training course certification will be accepted from all potential schools within limitations defined by the Commission.

   (b)  Schools applying for initial school and training course certification shall:

   (1)  File an application for approval with the Commission on a form supplied by the Commission, which shall be signed by the school's director.

   (2)  Meet the requirements contained in § 203.33 (relating to minimum school standards and requirements).

   (c)  Commission approval will be as follows:

   (1)  Upon receipt of an application, the Commission Chairperson will designate an inspection committee to inspect the facilities of eligible entities applying for certification. The inspection committee shall prepare a report indicating which entities meet the minimum Commission standards along with appropriate documentation, which shall subsequently be presented to the Commission for final review.

   (2)  The Commission will review the application and inspection reports of the committee and certify those schools which meet the minimum standards of the act and this chapter, and which promote the policy stated in § 203.31 (relating to eligibility for school certification).

   (d)  Certification of approved school and training course will be as follows:

   (1)  If the Commission determines that the application of the school and course complies with the requirements of the act and this chapter, the Executive Director, in the name of the Commission, will affix a certification number to the approved application and the corresponding approval. This certification number will have the prefix MPS, for municipal police school. The certification number shall be issued Statewide in numerical sequence, starting with 0001.

   (2)  If the Commission determines that the school does not meet the requirements of the act and this chapter, the Executive Director will notify the school by certified mail, return receipt requested, of the reasons upon which the adverse determination is based under Subchapter G (relating to notice and hearings).

   (3)  Notice of the Commission's determination will be issued within 120 days following receipt of the application, except in instances for cause shown.

§ 203.33.  Minimum school standards and requirements.

   (a)  Schools shall initially meet and subsequently maintain the following standards:

   (1)  Comply with all Federal, State or local statutes, ordinances, and rules and regulations pertaining to the statutes and ordinances.

   (2)  School buildings shall comply with public safety standards set forth in sections 1-14 of the act of April 27, 1927 (P. L. 465, No. 299) (35 P. S. §§ 1221--1235), known as the Fire and Panic Act.

   (3)  A comfortable temperature shall be maintained in all classrooms.

   (4)  Ventilation shall assure a proper supply of fresh air and its circulation in all parts of the school. Provisions shall be made to prevent direct drafts on students and staff members.

   (5)  Noise control will be such that each student can hear all instruction.

   (6)  Smoking shall be prohibited in any training facility authorized, approved or funded by the Commission, except in Commission-approved outdoor smoking areas.

   (7)  Artificial lighting facilities shall provide an adequate light intensity in all rooms used for instructional purposes, dormitory or study facilities.

   (8)  The drinking water facilities shall conform to the requirements prescribed for these facilities by the governmental authority having jurisdiction.

   (9)  There shall be separate, properly ventilated toilet and lavatory facilities for males and females. There shall be a sufficient number of flush toilets for females and a sufficient number of urinals and flush toilets for males. Each toilet room shall have at least one lavatory.

   (10)  Provisions shall be made for separate men's and women's locker and shower facilities. A sufficient number of showers and lockers shall be available.

   (11)  The furniture, equipment and supplies of the school shall be of such type, quality and amount as to meet with the approval of the Commission.

   (12)  Sufficient space shall be available in the classrooms. Classrooms shall be a minimum physical size determined by the Commission.

   (13)  Dining facilities, cafeterias, kitchens, dormitory facilities and recreational facilities shall comply with the construction and maintenance requirements prescribed for these facilities by the governmental authority having jurisdiction.

   (14)  Each school shall have and use a suitable area adequate for conducting physical conditioning and defensive tactics in a safe manner. At a minimum, the facilities shall contain the following:

   (i)  An isokinetic weight machine.

   (ii)  A measured running course.

   (iii)  A sufficient number of batons to be utilized during that portion of training (minimum of 1 baton for every 2 students).

   (iv)  A sufficient number of handcuffs for handcuffing portion of training (minimum of 1 pair of handcuffs for every 2 students).

   (v)  A stopwatch or chronograph.

   (vi)  A sit and reach flexibility evaluation station.

   (vii)  Skinfold calipers or cloth tape to determine body fat.

   (viii)  Additional exercise equipment related to physical conditioning training which may include free weights, an exercycle, a rowing machine and boxing equipment.

   (ix)  Other equipment required by the curriculum.

   (15)  An approved type of outdoor firing range shall be available to the school and used for firearms training. The range does not have to be a part of the school facilities; however, it shall have at least ten firing points with a minimum firing distance of 50 yards. The range shall be within a reasonable traveling distance from the school. The range shall present no apparent danger to the public as determined by the Commission inspector.

   (i)  The school shall ensure that all weapons utilized in this portion of training are safe. A minimum of .38 caliber or .380 auto caliber with a capacity of at least 6 rounds of ammunition shall be required for firing.

   (ii)  No weapon may be utilized during the training program that is not normally carried by police officers while on duty. At the discretion of the firearms instructor, students working for departments that utilize ''exotic'' or ''unusual'' weapons shall utilize a more conventional weapon for training purposes. Upon the student's successful completion of the training program, the student's employing police department shall also qualify the student with the weapon prior to assuming duties as a police officer.

   (iii)  The school can refuse to allow the use of a weapon that the firearms instructor determines to be unsafe, inadequate or not appropriate for police training.

   (iv)  The school shall maintain adequate supplies of common ammunition utilized in law enforcement handguns, shotguns and rifles for training programs.

   (v)  Schools may not permit participation in firearms training that violates 18 Pa.C.S. Chapter 61, Subchapter A (relating to Pennsylvania Uniform Firearms Act).

   (vi)  The school may not utilize students in a training program to reclaim lead from impact areas at any police firearms course, nor may students be involved in any range construction projects whereby they may be exposed to lead or other toxic substances.

   (16)  A sufficient number of parking spaces shall be available to accommodate all students, staff and visitors of the school whether at the firing range, classroom facilities or physical fitness facilities.

   (17)  Insure the availability of all audio/visual equipment necessary to properly present the curriculum prepared by the Commission. The equipment shall, at a minimum, consist of:

   (i)  A 16 mm movie projector.

   (ii)  A 35 mm slide projector.

   (iii)  Overhead transparency projector or Opaque overhead projector.

   (iv)  Projection screens or other appropriate projection surface.

   (v)  A video cassette player.

   (vi)  Nineteen inch or larger color television monitors.

   (vii)  A chalk board or equivalent.

   (18)  Other standards deemed necessary by the Commission to conduct basic police training.

   (19)  Equipment, facilities, supplies, books, and the like, shall be maintained in a safe and proper working condition.

   (b)  In addition to subsection (a), schools shall comply with the following requirements:

   (1)  Conduct at least one basic police training course every year the school is certified.

   (2)  Submit a training calendar to the Commission containing dates and class size for each basic training course to be conducted during the fiscal year. The calendar shall be received by the Commission by June 1st of each year.

   (3)  Develop course outlines and update as changes occur.

   (4)  Prepare and update class schedules.

   (5)  Establish a records management system as needed for the Commission records which shall consist of class rosters, attendance, academic grades, firearms scores, student critiques of course content and a list of instructors.

   (6)  Develop rules and regulations, including discipline, for student conduct, school operation and instructor standards.

   (7)  Develop and update detailed written standards for application procedures, including a statement about the maximum enrollment the school can accommodate within the standards established by the Commission.

   (8)  Prepare a current list of tuition charges for students attending the basic training program.

   (9)  Utilize only certified instructors as described in Subchapter E (relating to instructor certifications).

   (i)  Prepare and update the roster of certified instructors and the areas of their certification.

   (ii)  Instructors may not teach more than 180 hours of any one Basic Police Training Course.

   (10)  Prepare lesson plans and course outlines for each area of the curriculum using the basic training manuals provided by the Commission as source material. Lesson plans and course outlines shall be accessible in the classrooms to Commission inspectors and official visitors.

   (11)  Provide to the Commission a copy of tentative weekly class schedules, including dates, times, locations, instructors, subjects, and the like, by the first day of a basic training program. Changes to the schedule provided shall be submitted to the Commission as necessary.

   (12)  Prepare tests and quizzes as required by the Commission.

   (13)  Obtain required textbooks, supplemental textbooks, movies, videos, overhead transparencies, and the like, that are listed as necessary in the curriculum prepared by the Commission.

   (14)  Prior to administering a written examination, instructors shall inform students taking the examination of the Commission cheating policy. See § 203.54 (relating to Commission cheating policy).

   (15)  Other requirements the Commission deems necessary to conduct basic police training.

   (c)  Upon completion of the basic police training course, the school shall submit a roster of all students, including grades and Social Security numbers, to the Commission within 5 working days of the date of course completion. Under 20 U.S.C.A. § 1232(g) (The Buckley Amendment), no personally identifiable information of a student may be disclosed by the school without the school first obtaining a written waiver from the student.

   (d)  A proposed change in the location of an approved school shall be reported to the Executive Director at least 30 days before the move.

   (1)  If a fire marshall or an inspector from the Department of Labor and Industry deems the new location satisfactory, the Executive Director may give tentative approval of the new location.

   (2)  After the new location has been visited by an inspection committee from the Commission, final approval for the move shall be voted upon by the Commission.

   (3)  If final approval is given for the new location, certification to conduct training at the previous location shall automatically be rescinded.

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§ 203.34.  School inspections.

   (a)  Frequency of inspections.

   (1)  An initial inspection will be made of all schools that have applied for certification to conduct basic police training.

   (2)  The Commission's inspectors will visit and inspect each approved school at least once a year.

   (3)  Schools shall meet the minimum school standards set forth in § 203.33 (relating to minimum school standards and requirements).

   (b)  Commission inspectors. For the purpose of school inspections, the following shall constitute a Commission Inspector:

   (1)  A Commission member.

   (2)  A full time staff employe so designated by the Executive Director.

   (3)  Other contractual personnel employed by the Commission to conduct school inspections.

§ 203.35.  Emergency suspension of school certification.

   If a Commission inspector determines that a condition exists at a school which presents a clear and present danger to the public, students or staff of the school, the inspector, with the approval of the Executive Director, may immediately suspend the school's certification and cause all training to cease. In those situations:

   (1)  The school may correct the situation or request an administrative hearing as outlined in this chapter.

   (2)  Schools electing to correct the situation shall notify the Commission in writing by certified mail, return receipt requested, when the correction is complete. The Commission inspector shall re-inspect the facility within 30 days of receipt of notice from the school, except in instances for cause shown.

   (3)  Notice of results of the reinspection shall verbally be provided to the school by the inspector after the inspection has concluded and in writing within 10 days of the reinspection, except in instances for cause shown.

§ 203.36.  Revocation of school certification.

   The Commission maintains the right to revoke the certification of a school for one or more of the following reasons:

   (1)  A Commission determination that excess police training schools exist under § 203.31 (relating to eligibility for school certification).

   (2)  Failure to comply with the minimum school standards set forth in this chapter.

   (3)  Submission of a known false or fraudulent document or allowing the submission of known false or fraudulent documents to the Commission.

   (4)  Subcontracting of police training to another non-certified entity.

   (5)  Failure to take corrective action after suspension under § 203.35 (relating to emergency suspension of school certification).

   (6)  Failure to conduct one basic police training course each year the school is certified.

Subchapter D.  COURSE REQUIREMENTS

Sec.

203.51.	Basic police training course curriculum.
203.52.	Mandatory in-service training courses.
203.53.	Nonmandatory in-service training courses.
203.54.	Commission cheating policy.

§ 203.51.  Basic police training course curriculum.

   (a)  The Commission will set the number of hours required in the basic police training course.

   (b)  The Commission will reserve the right to determine the course content of each area as needed. The basic police training course curriculum shall include instruction in at least the following areas:

   (1)  Pennsylvania criminal law.

   (2)  Pennsylvania Rules of Criminal Procedures.

   (3)  Pennsylvania Vehicle Code.

   (4)  Antisocial behavior.

   (5)  Professional relations.

   (6)  Physical conditioning.

   (7)  Human relations skills.

   (8)  Application of force.

   (9)  Firearms training.

   (10)  Patrol Procedures and Operations.

   (11)  Investigations.

   (12)  Communications.

   (13)  Handling violent and dangerous people.

   (14)  Custody.

   (15)  First aid and CPR.

   (16)  Operation of patrol vehicle.

   (17)  Other subjects the Commission deems necessary.

§ 203.52.  Mandatory in-service training courses.

   (a)  Mandatory in-service training is required of all police officers.

   (b)  Mandatory in-service training shall consist of continuous in-service requirements and academic in-service requirements.

   (1)  Continuous in-service requirements shall consist of the following:

   (i)  Qualify annually on a police firearms course with any firearm, shotgun or rifle authorized for use, including personal weapons carried in lieu of issued weapons or as a second weapon. At no time may a weapon be carried on duty for which an officer is not qualified.

   (ii)  Maintenance of a first aid and CPR certification issued by the American Red Cross, the American Heart Association, the Department of Health or other agency approved by the Department of Health.

   (iii)  Other requirements deemed necessary by the Commission.

   (2)  Academic in-service requirements shall consist of at least 12 hours of annual training as determined yearly by the Commission. The course content and specific hours shall be published in the Commission newsletter.

   (c)  Mandatory in-service administration shall consist of the following:

   (1)  Applicants for instructor in the mandatory in-service training program shall meet the requirements of § 203.72(b) (relating to certification requirements).

   (2)  Each school shall submit a training calendar to the Commission prior to the beginning of each quarter of the calendar year. Included in the calendar shall be:  course title, dates of training, time of classes and location.

   (3)  Maximum class size for mandatory in-service courses shall be established by the Commission.

   (4)  Mandatory in-service training courses are subject to inspection by a Commission inspector.

   (i)  Certification of instructors may be withdrawn immediately by a Commission inspector for one or more of the following reasons:

   (A)  Failing to present the full program.

   (B)  Teaching improper or incorrect material or not presenting the Commission program.

   (C)  Cheating.

   (D)  Inadequate preparation for class.

   (E)  Being intoxicated in class.

   (F)  Using inappropriate language.

   (G)  Any other activity or behavior the Commission Inspector finds to be inappropriate or objectionable.

   (ii)  Withdrawal of mandatory in-service instructor certification by a Commission inspector will be reviewed by the Commission and the instructor's certification may be subject to revocation by the Commission under § 203.73 (relating to revocation of instructor certification).

   (iii)  Classes may be suspended immediately during an inspection by a Commission inspector for cause. Costs for classes suspended during an inspection for cause will not be paid by the Commission.

   (5)  Acceptance into classes for which reimbursement is to be requested from the Commission shall be limited to currently employed police officers and county detectives. No fee will be charged to these individuals for any program paid for by the Commission.

   (6)  Only examinations prepared by the Commission shall be used to determine successful completion of academic requirements for these courses. Minimum passing scores will be determined by the Commission for each examination.

   (7)  An individual failing to pass the examination to be administered at the end of a course shall be given the opportunity for an immediate re-examination by the course instructor. The re-examination process shall consist of a review of course objectives, content and course summary, prior to an orally administered re-examination utilizing a different examination from the failed examination. If an individual fails the re-examination, a written notice of failure shall immediately be sent by certified mail, return receipt requested, to the employing municipality. An individual failing both the examination and the re-examination for a course shall be permitted to participate in another offering of the course, if the individual continues to be a currently employed police officer.

   (8)  The certified school, and the course instructors, shall be held responsible by the Commission for proper administration of in-service training courses, including maintenance of proper examination security.

   (9)  Newly certified police officers are not required to participate in the mandatory in-service training courses in the year they were certified. Departments are encouraged to have these officers participate in the mandatory in-service training program.

   (10)  Municipalities may request extensions of time from the Commission for officers unable to complete in-service training enumerated within the time frame. This is accomplished by filing with the Commission a request for the extension, supported by proper justification.

§ 203.53.  Nonmandatory in-service training courses.

   (a)  A political subdivision of the Commonwealth may apply for in-service training grants for the actual expenses of providing nonmandatory in-service training programs to police officers. A political subdivision shall apply for a nonmandatory in-service training grant by filing an application and resolution with the Commission.

   (1)  A copy of the application and resolution shall be obtained from the Commission.

   (2)  The Commission will only consider requests for nonmandatory in-service training grants that comply with the following:

   (i)  All sections of the application shall be completed.

   (ii)  The application shall be accompanied by a certified copy of the resolution. The resolution shall be adopted by the governing body and shall provide that the political subdivision will adhere to the standards for training established by the Commission while receiving Commonwealth funds under the act and this chapter.

   (3)  Applications and resolutions shall be filed with the Commission and received at least 45 days prior to the commencement of the proposed training program. The Commission, or its designee, has the discretion to waive the 45-day filing limitation for good cause, but only if the grant request was submitted prior to the commencement of the proposed training program.

   (b)  Limitations for funding of nonmandatory in-service training programs shall be as follows:

   (1)  Only courses approved by the Commission will be eligible for nonmandatory in-service training grants.

   (i)  The Commission has the discretion to approve or disapprove a proposed course, based upon law enforcement requirements.

   (ii)  Approved courses shall be published in the Commission newsletter.

   (2)  Courses with less than 12 or more than 40 police officers enrolled will not be approved for nonmandatory in-service training grants. However, at the discretion of the Executive Director or by a majority vote of the In-Service Training Committee, a different minimum or maximum enrollment may be established for a specific course.

   (3)  Nonmandatory in-service training grant requests will not be approved unless the instructors for the course are approved by the Commission or the In-Service Training Committee.

   (4)  The Commission will not approve nonmandatory in-service training grant requests for the following:

   (i)  Firearms qualification.

   (ii)  Special Weapons and Tactics (SWAT) type training.

   (iii)  First aid and CPR training.

   (c)  Nonmandatory in-service training grant requests in the amount of $3,000 or less may be approved by the Commission's In-Service Training Committee. The Committee will be appointed by the Commission chairperson and consist of five Commission members including a designated chairperson of the Committee.

   (1)  The Committee chairperson has the authority to convene a Committee meeting for reviewing grant requests. The Committee may not act on a grant request unless at least three Committee members are present at the meeting.

   (2)  The Committee members shall vote to either approve or deny each grant request based on the information presented and the standards established by this chapter. In the case of a tie vote by the Committee, the Commission will make the final determination on the grant request.

   (3)  The Committee chairperson shall formally report all action taken by the Committee at the next regularly scheduled Commission meeting.

   (d)  Nonmandatory in-service grant requests in excess of $3,000 may be approved only by the Commission. The In-Service Training Committee shall review every request and make a recommendation to the Commission.

   (1)  The chairperson of the Committee shall formally report the recommendation of the Committee, including dissenting or minority statements, to the Commission prior to the Commission's final decision on the grant request.

   (2)  The Commission members shall vote to approve or deny each grant request based on the Committee's recommendations, the information presented and the standards established by this chapter.

   (e)  The Executive Director shall notify the political subdivision in writing of the Commission's determination concerning the grant request. Notice shall be forwarded to the requesting political subdivision by certified mail, return receipt requested.

§ 203.54.  Commission cheating policy.

   (a)  An individual observed cheating shall be barred from further participation in Commission-required training.

   (b)  A written notice of the cheating incident will immediately be sent to the individual's employing municipality by the school, with a copy forwarded to the Commission. A copy of the notice will be made available to the individual by the school.

   (c)  Prior to administering a written examination, the instructors shall inform students taking the examination of the Commission cheating policy.

Subchapter E.  INSTRUCTOR CERTIFICATIONS

Sec.

203.71.	General.
203.72.	Certification requirements.
203.73.	Revocation of instructor certification.

§ 203.71.  General.

   (a)  Certifications shall be approved by the Commission and issued by the Executive Director.

   (b)  Instructor certifications issued under this chapter are for the sole purpose of identifying those qualified to teach in a police training course--basic or mandatory in-service--certified by the Commission.

   (c)  The instructor application procedure is as follows:

   (1)  Application for instructor certification shall be made on a form supplied by the Commission. The form may be obtained by writing to the Commission office.

   (2)  Application for instructor certification shall be submitted by the Director of a school certified by the Commission. Individual instructors may not apply on their own behalf. Applications may be made only for individuals teaching at a certified school.

   (3)  Documentary proof shall accompany each application verifying satisfaction of all requirements for certification including required degrees. See § 203.72 (relating to certification requirements).

   (4)  Applicants shall be interviewed by the director of the school at which time the director shall review the supporting documentation to be submitted with the application and the director shall so indicate on the application.

   (5)  The application shall be notarized.

   (6)  Applicants may not have been convicted of a disqualifying criminal offense.

§ 203.72.  Certification requirements.

   (a)  Basic police training instructors.

   (1)  Types. The Commission will certify the following two types of instructors for basic police training:

   (i)  General instructors. An instructor eligible to teach a course other than first aid, CPR, firearms, physical conditioning, application of force and patrol vehicle operation.

   (ii)  Special instructors. An instructor eligible to teach first aid, CPR, firearms, physical conditioning, application of force and patrol vehicle operation.

   (2)  Qualifications.

   (i)  Attorneys licensed to practice in this Commonwealth or other instructors for topic areas that require professional education or licensure, need not meet the following requirements concerning police experience. In order to obtain certification as a general instructor, an applicant shall satisfy the following requirements:

   (A)  Successfully complete a Commission approved instructor development course, or possess a teaching certificate issued by the Department of Education, or have full-time employment with academic rank at an accredited college or university.

   (B)  Have 5 years police experience, or have an associate of arts degree and 4 years police experience, or have a bachelor of arts degree and 3 years police experience. Copies of degrees shall be accompanied by transcripts.

   (ii)  In order to obtain certification as a special instructor in one of the courses listed in this subparagraph, an applicant shall provide documentation evidencing the special requirements listed for each course:

   (A)  First aid and CPR. Possess a current instructor certification issued by the American Red Cross, the American Heart Association, the Department of Health or other agency approved by the Department of Health. (40 hour curriculum)

   (B)  Firearms. Possess a current Police Firearms Instructor rating from the National Rifle Association, the State Police, the Federal Bureau of Investigation, Smith and Wesson Academy, the Philadelphia Police Academy, United States Secret Service or other certification approved by the Commission.

   (C)  Physical conditioning. Provide documentation of successful completion of an instructor development course and training or education which evidences expertise as a physical conditioning instructor.

   (D)  Application of force. Provide documentation of successful completion of an instructor development course and training or education which evidences expertise as a defensive tactics instructor.

   (E)  Patrol vehicle operation. Provide documentation of successful completion of an instructor development course and an instructor's course in emergency vehicle operation or police driver proficiency.

   (3)  Renewal and lapse of basic police training instructor certification.

   (i)  Basic police training instructor certification shall be valid for 2 years and each certificate shall contain an expiration date. No instructor will be permitted to teach without a current certificate.

   (ii)  Renewal of basic police training instructor certification shall be effected automatically by the Commission if the certified instructor has satisfied the following requirements:

   (A)  Has taught in either a basic training course or a mandatory in-service training course certified by the Commission at least one time during the 2-year period he is certified, as evidenced by the records of a certified school which must be submitted to the Commission on an annual basis.

   (B)  Maintained current qualifications in the main subject areas for which certification has been granted, and provides documentation of these qualifications to the Commission.

   (iii)  Failure to satisfy subparagraph (ii) shall prevent renewal of the instructor certification and cause the certification to expire. A lapsed certification cannot be renewed and to regain certification, the school shall submit an application on behalf of the individual as a new instructor.

   (b)  Mandatory in-service training instructor qualifications. In order to obtain certification as a mandatory in-service training instructor, an applicant shall satisfy the following requirements:

   (1)  Be employed by a certified basic training academy.

   (2)  Be certified as a basic police training instructor in the area of instruction the applicant will present or satisfy one of the following:

   (i)  If not currently a basic police training certified instructor but eligible for certification, an application for certification shall be submitted to the Commission and a temporary certificate obtained. At the discretion of the Executive Director, a temporary certification may be issued which shall be valid for 6 months. Temporary certificates are not renewable.

   (ii)  When courses are offered in mandatory in-service training that are not available in the basic police training course, the Commission will determine requirements for selections as an instructor in the program.

   (3)  Attend Commission instructor training programs for the courses in which certification is sought. Application for certification as a basic police training instructor shall be submitted to the Commission prior to attending any instructor training programs.

   (4)  Other requirements deemed necessary by the Commission.

§ 203.73.  Revocation of instructor certification.

   The Commission may revoke an instructor certification for one or more of the following reasons:

   (1)  Conviction of a disqualifying criminal offense.

   (2)  Conduct which reflects unfavorably upon a certified school or the Commission.

   (3)  Evidence of inability to instruct, including those conditions enumerated in § 203.52(c)(4)(i) (relating to mandatory in-service training courses).

   (4)  Knowing falsification of a document submitted to the Commission or submission to the Commission of a document knowing it to be false. False documents include:  scores on examinations, grades for a course, classroom hours presented, attendance of participants or other information received directly from the instructor or through a certified school or police department.

   (5)  Assisting a student to cheat in a Commission training course.

   (6)  Use of instructor certification for an unauthorized purpose.

   (7)  Termination for any reason of the instructor by a certified school

   (8)  Any other condition which the Commission deems of such seriousness as to warrant revocation.

Subchapter F.  REIMBURSEMENT OF EXPENSES

Sec.

203.81.	Basic training.
203.82.	Mandatory in-service training.
203.83.	Grants for nonmandatory in-service training programs.

§ 203.81  Basic training.

   (a)  The Commission will reimburse each political subdivision for allowable tuition and expenses incurred by its police officers while attending certified basic police training, if the political subdivision adheres to the training standards established by the Commission. Application for reimbursement shall be made in the following manner:

   (1)  A political subdivision shall file an application with the Commission on a form supplied by the Commission within 120 days of the completion of the training.

   (i)  Requests submitted after 120 days shall be accompanied by a justification for late submission. The Commission will not consider requests for reimbursement received more than 1 year after the completion of the training.

   (ii)  A separate form shall be submitted for each police officer requesting reimbursement in accordance with this chapter.

   (2)  Following the political subdivision's annual audit, the head of the political subdivision and the individual performing the audit shall verify the proper expenditure of Commission funds.

   (i)  Verification shall be provided on a form supplied by the Commission.

   (ii)  The verification shall be filed with the Commission.

   (iii)  The political subdivision shall file the form only for fiscal years in which Commission funding was provided.

   (b)  The political subdivision may request reimbursement for the following:

   (1)  Sixty percent of the police officer's regular salary while attending a certified basic training course.

   (2)  Reasonable tuition for the basic police training course.

   (i)  The Commission must approve the tuition rate prior to reimbursement. Tuition rate approval will require a majority vote of the Commission.

   (ii)  The Commission will consider the reasonableness of the tuition rate based on the following:

   (A)  The length of the course.

   (B)  The instructor salaries.

   (C)  The facility costs.

   (D)  The administrative costs.

   (E)  The supply costs.

   (F)  The cost-effectiveness of the tuition compared with tuition charged by other institutions.

   (iii)  The Commision-approved tuition rate shall be the only amount a certified school may charge a participant in the training program.

   (iv)  A certified basic police training school may not change its tuition rate for a particular course without prior approval from the Commission.

   (A)  Requests for tuition increases will not be considered by the Commission more than once every 2 years.

   (B)  Requests for tuition increases shall enumerate all sources of revenue the institution receives.

   (C)  The Commission will consider any tuition increase requests in conjunction with program changes mandated by the Commission.

   (3)  The Commission will reimburse reasonable subsistence and lodging costs for police officers who are not commuting to and from the basic police training course. A police officer who is commuting to and from the basic police training course shall only be reimbursed for the cost of lunch.

   (4)  Reasonable travel expenses are as follows:

   (i)  The Commission will reimburse for police officers commuting to the basic police training course for the mileage incurred while attending the course.

   (ii)  Noncommuters are eligible for mileage of one round trip while attending the course.

   (iii)  Mileage reimbursement, whether for commuters or noncommuters, shall only be allowed to the nearest available certified basic police training school from the police officer's place of employment.

   (iv)  Travel shall be by the most direct route.

   (5)  Reasonable living and travel expenses shall be governed by 4 Pa. Code Chapter 40 (relating to travel and subsistence).

   (c)  Limitations on reimbursement are as follows:

   (1)  A police officer who has successfully completed a certified basic training course, and for whom reimbursement was claimed or obtained by a political subdivision, may not again be claimed for reimbursement for repeating a basic police training course regardless of employment by another police department.

   (2)  A police officer who does not successfully complete the certified basic police training course and for whom reimbursement has been claimed or obtained by a political subdivision is not eligible for additional reimbursement while attending a subsequent basic police training course.

   (d)  If the Commission determines that a request for reimbursement does not meet the requirements of the act and this chapter, the Executive Director will specify in writing and forward to the requesting political subdivision, by certified mail, return receipt requested, the reason upon which the adverse determination is based. The Commission will issue notice of the adverse determination, within 45 days following receipt of the request, except for good cause.

§ 203.82.  Mandatory in-service training.

   (a)  The Commission will reimburse all schools certified by the Commission or other training resources deemed necessary by the Commission only in the form of tuition.

   (1)  The Commission will establish the tuition for each course considering the following factors:  historical training costs; course requirements; and course development costs.

   (2)  The tuition established by the Commission will be published in the Commission newsletter and remain in effect for the duration of each course.

   (3)  The tuition established by the Commission for each course shall apply to all schools certified by the Commission and all other training resources deemed necessary by the Commission.

   (4)  Certified schools or other training resources unable to conduct the required training at the established tuition rate shall have the right to a hearing under Subchapter G (relating to notice and hearings).

   (b)  The Commission will reimburse schools or other training resources for law enforcement officers authorized by the Commission. Law enforcement officers employed by a law enforcement agency not eligible for reimbursement under the act may attend mandatory in-service training courses after the law enforcement agency pays the tuition to the Commission.

   (c)  The Commission will only reimburse a school or other training resource for a police officer to attend a course one time. Invoices of police officers who have attended the mandatory in-service training course shall be submitted to the Commission within 30 days of the course's completion.

§ 203.83.  Grants for nonmandatory in-service training programs.

   (a)  The Commission will provide grants only for actual expenses incurred by political subdivisions for providing nonmandatory in-service training programs to police officers within this Commonwealth in accordance with the act and this chapter.

   (1)  Allowable nonmandatory in-service training expenses shall be limited to the following:

   (i)  Instructors. Reasonable expenditures, as determined by the Commission.

   (ii)  Services. Reasonable expenditures for rental and contractual services.

   (iii)  Supplies. Expenditure for necessary supplies for course instruction not including nonexpendable equipment purchases.

   (iv)  Administration. Reasonable expenditures for developing and implementing the training program. This expenditure may not exceed 5% of the total grant amount unless otherwise approved by the Commission or in-service training committee. This expenditure may not exceed 10% of the total grant amount.

   (2)  The Commission has the discretion to approve additional expenditures not explicitly provided for in this chapter. Expenses which are not approved by the Commission shall be borne by the political subdivision providing the training program.

   (b)  The Commission has the authority to establish the maximum amount of funds which may be granted to each county for providing nonmandatory in-service training to police officers.

   (c)  The Commission will disburse moneys approved for nonmandatory in-service training grants in the following manner:

   (1)  The Commission will disburse one half of the grant to the political subdivision within 45 days of the Commission's approval, except for good cause.

   (2)  In order to receive the remaining grant moneys, the political subdivision shall submit a final audit and course roster to the Commission within 120 days following the conclusion of the training course. Requests for reimbursement will not be considered after 120 days following the conclusion of the training course.

   (3)  The Commission has the discretion to request an independent audit of the political subdivision to verify its actual nonmandatory training expenditures prior to disbursing the remaining grant amount.

   (d)  Nonmandatory in-service training grant funds that have been disbursed to a political subdivision in error or as a result of an unauthorized or improper request for reimbursement shall immediately be returned to the Commission. A political subdivision which fails to comply with the Commission's demand for the return of funds in accordance with this subsection shall be ineligible for further funding from the Commission until the funds are returned.

   (e)  The allocation of grants for nonmandatory in-service training programs shall be contingent upon the availability of funds appropriated for the programs.

Subchapter G.  NOTICE AND HEARINGS

Sec.

203.101.	General.
203.102.	Adverse determination.
203.103.	Hearing procedures.

§ 203.101.  General.

   A notice or hearing required under this chapter will be conducted in accordance with 1 Pa. Code Part II (relating to the General Rules of Administrative Practice and Procedure).

§ 203.102.  Adverse determination.

   Notices of an adverse determination by the Commission and requests for a hearing shall be as follows:

   (1)  The Commission will specify in writing and forward to the individual/school by certified mail, return receipt requested, the reasons upon which the adverse determination is based. This notice is required in all cases when the Commission:

   (i)  Disapproves an application or a reapplication for enrollment in a municipal police officers' training course.

   (ii)  Disapproves an application for which waiver of training is requested.

   (iii)  Revokes a previously issued certification under § 203.14 (relating to revocation of certification).

   (iv)  Disapproves an application for school or course certification.

   (v)  Revokes a previously issued school certification under § 203.36 (relating to revocation of school certification).

   (vi)  Disapproves an application for instructor certification.

   (vii)  Revokes a previously issued instructor certification under § 203.73 (relating to revocation of instructor certification).

   (viii)  Acts in accordance with the Commission cheating policy.

   (ix)  Disapproves an application for reimbursement.

   (2)  An individual school given notice of an adverse determination by the Commission may file a written request for a hearing. Any request for a hearing shall be received by the Commission within 15 days after receipt of the adverse notice.

§ 203.103.  Hearing procedures.

   (a)  When a hearing is requested as a result of any adverse determination by the Commission as enumerated in § 203.101 (relating to general), a hearing shall be scheduled and a notice of the hearing shall be sent to all parties to the proceedings. Hearings shall be held at the Commission in Hershey, Pennsylvania, unless otherwise stipulated by the parties.

   (b)  A hearing examiner will be appointed by a majority vote of the Commission to preside over an authorized hearing.

   (c)  Hearings shall be stenographically recorded and a transcript of the record shall be made part of the record.

   (d)  The parties shall have the right to obtain independent counsel, submit motions and briefs, present evidence and witnesses, object to evidence, cross-examine witnesses and argue their position to the hearing examiner. The hearing examiner is not bound by the technical rules of evidence at the hearing. Rather, all relevant and material evidence with probative value may be admissible at the discretion of the hearing examiner.

   (e)  Upon request by a party, the Commission will provide subpoenas for the attendance of witnesses or for the production of documentary evidence. Compliance with subpoenas may be excused by the hearing examiner if he determines that the testimony or documents are not relevant or material to the proceedings.

   (f)  At the conclusion of the proceedings the hearing examiner shall issue a recommendation, findings of fact and conclusions of law.

   (1)  The Commission will review the hearing examiner's recommendation, findings of fact, and conclusions of law in arriving at a final decision.

   (2)  The Commission will specify in writing and forward to all the relevant parties by certified mail, return receipt requested, the final decision of the Commission.

[Pa.B. Doc. No. 96-958. Filed for public inspection June 14, 1996, 9:00 a.m.]