109:2-5-05 Approval of commanders.

Each commander is required to have the approval of the executive director to conduct a school. Such approval will be based upon the submission of a notarized statement of qualifications by the person seeking approval as a commander on a form prescribed by the executive director. All persons seeking approval to be a commander on or after the effective date of this rule, who have not previously been designated a commander, shall conform to the minimum qualifications for certification as a commander as established herein and must be associated with an established or proposed school.

(A) Minimum qualification for certification of commanders shall be as follows:

(1) High school graduate or possession of a general education development certificate; and

(2) Two years experience as a law enforcement officer assigned to the court or as a bailiff;

(3) Successful completion of a bailiff or peace officer basic training school;

(4) Successful completion of an OPOTC-approved 80-hour instructional skills course or equivalent;

(5) Three professional references from individuals currently serving as any of the following: a judge, court administrator, prosecutor, magistrate, chief of police, or sheriff;

(6) No conviction for a felony, crime of moral turpitude, or firearms disability offense per Ohio Revised Code Chapter 2923.

(B) Upon receipt and verification of a notarized application form for commander certification and completion of a commander conference, the executive director may issue a certificate to the applicant. Should the executive director refuse to issue a certificate, the notice of this action shall be sent to the applicant. The applicant shall be advised that he or she may request a hearing before the commission as provided in Sections 119.06 and 119.07 of the Ohio Revised Code. The commission shall conduct the hearing as required by sections 119.01 to 119.13 of the Ohio Revised Code.

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

(1) a commander’s evaluation reflecting unacceptable performance;

(2) conviction for a felony, crime of moral turpitude, or any other disqualifying offense;

(3) failure to conduct a commission-approved school within a five year period;

(4) falsifying information on records, application, or other documentation;

(5) violation of rules promulgated under this chapter; or;

(6) for any other good cause shown.

The executive director shall notify the commander in writing of this revocation. The commander shall be advised that he or she may request a hearing before the commission as provided in sections 119.06 and 119.07 of the Ohio Revised Code. The commission shall conduct the hearing as required by sections 119.01 to 119.13 of the Ohio Revised Code.

Effective: 04/24/2008

R.C. 119.032 review dates: 02/04/2008 and 04/14/2013

Promulgated Under: 119.03

Statutory Authority: 109.74

Rule Amplifies: 109.73, 109.75

Prior Effective Dates: 4/11/87, 2/14/02