Chapter 109:2-7 Law Enforcement Canine Units and Evaluators

109:2-7-01 Definitions.

When used in this chapter:

(A) The term "commission" means the Ohio peace officer training commission;

(B) The term "executive director" means the executive director of the Ohio peace officer training commission;

(C) The term "evaluator" means a person who has been certified by the executive director to conduct examinations to determine the ability of a canine unit to perform at the minimum proficiency standards established by the commission;

(D) The term "patrol -related canine" means any dog utilized by a law enforcement agency which regularly engages in patrol-related duties

(E) The term "special purpose canine" is any canine which performs one or more of the following:

(1) Tracking

(2) Expolsive detection

(3) Narcotic detection

(4) Article detection

(5) Any other special purpose designated by the general assembly or the commission.

(F) The term "canine unit" means a canine handler, who shall be a sworn law enforcement officer and a canine;

(G) The term "minimum standards for certification" means those requirements and standards, as established by the commission which must be met by a canine unit, in order to be eligible for certification.

R.C. 119.032 review dates: 04/01/2011 and 04/01/2016
Promulgated Under: 119.03
Statutory Authority: R.C. 109.74
Rule Amplifies: R.C. 109.73 , R.C. 109.75
Prior Effective Dates: 1/1/1988, 1/1/1995, 1/1/2001

109:2-7-02 Basic courses for evaluators.

(A) Any person who conducts examinations for law enforcement canine units is required to complete the core course for evaluators and one or both of the patrol-related and special purpose courses.

(B) Explanation of the core evaluator course.

(1) The core course for certification of canine evaluators shall be approved by the executive director and shall include instruction in:

(a) Ethics and professionalism

(b) Legal issues

(c) Records and certification requirements

(d) Assessment requirements

(e) Indication skills

(f) Canine first aid

(g) Any other topic designated by the executive director

(2) The patrol-related evaluator course shall be approved by the executive director and shall include instruction in:

(a) Obedience

(b) Area search

(c) Building search

(d) Criminal apprehension

(e) Any other topic designated by the executive director

(3) The special purpose canine evaluator course shall be approved by the executive director and shall include instruction in:

(a) Tracking

(b) Article search

(c) Narcotics detection

(d) Explosives detection

(e) Any other topic designated by the executive director

R.C. 119.032 review dates: 04/01/2011 and 04/01/2016
Promulgated Under: 119.03
Statutory Authority: R.C. 109.74
Rule Amplifies: R.C. 109.73 , R.C. 109.75
Prior Effective Dates: 1/1/1988, 1/1/1995, 1/1/2001

109:2-7-03 Minimum standards for certification of law enforcement canine units.

(A) Pursuant to division (A)(10) of section 109.73 of the Revised Code, the commission has established minimum standards for the certification of law enforcement canine units, which include the successful completion of an examination for certification. In order to be eligible for the required certification examination the canine unit must meet the listed requirements.

(B) Patrol-related canine units;

(1) The unit must have successfully completed a training program approved by the executive director designed to prepare canine units to perform law enforcement duties. Such program must include training in those areas tested in the examination for certification,

(2) Documentation of successful completion of the training program must be provided to the evaluator before the unit is eligible to be tested for certification. Such documentation shall include

A notarized letter or certificate of completion from the trainer or other official representative of the training program attesting that the unit has been trained in all the areas which are listed in paragraph (B)(4) of this rule, and that the unit successfully met the standards of the program.

(3) The executive director may, upon request from a law enforcement agency which employs a patrol-related canine unit, consider comparable training of the canine and the handler. Such a request shall be accompanied by documentation of the training received by both the canine and the handler which must be sufficient in the aggregate to meet or exceed the minimum standards required by paragraph (B)(4) of this rule. Approval of the request shall be granted in writing and shall apply only to the unit for whom the request was filed. Should the executive director deny the request, he shall comply with the provisions of rule 109:2-7-06 of the Administrative Code.

(4) Those units which meet the minimum eligibility requirements shall be eligible to complete the examination for certification of patrol-related canine units. The certification examination shall include testing in the following areas:

(a) Obedience

(b) Building search

(c) Area search

(d) Criminal apprehension

(C) Special purpose canine units;

(1) The unit must have successfully completed a training program approved by the executive director designed to prepare canine units to perform special purpose law enforcement duties. Such program must include training in one or more of the areas which are tested in the examination for certification, as listed in rule 109:2-7-02(B)(3) of the Administrative Code.

(2) Documentation of successful completion of the training program must be provided to the evaluator before the unit is eligible to be tested for certification. Such documentation shall include

A notarized letter or certificate of completion from the trainer or other official representative of the training program attesting that the unit has been trained in one or more of the areas which are listed in rule 109:2-7-03(B)(3) of the Administrative Code and that the unit successfully met the standards of the program.

(3) The executive director may, upon request from a law enforcement agency which employs a special purpose canine unit, consider comparable training of the canine and the handler. Such a request shall be accompanied by documentation of the training received by both the canine and the handler which must be sufficient in the aggregate to meet or exceed the minimum standards required by paragraph (C) (4) of this rule. Approval of the request shall be granted in writing and shall apply only to the unit for whom the request was filed. Should the executive director deny the request, he shall comply with the provisions of rule 109:2-7-06 of the Administrative Code.

(4) Those units which meet the minimum eligibility requirements shall be eligible to complete the certification examination for special purpose canine units. Certification can be granted for one or more of the following special purposeS:

(a) Tracking

(b) Article search

(c) Narcotics detection

(d) Explosives detection

(e) Any other topic designated by the executive director

(D) All examinations shall be conducted by commission-certified evaluators in a manner prescribed by the executive director.

R.C. 119.032 review dates: 04/01/2011 and 04/01/2016
Promulgated Under: 119.03
Statutory Authority: R.C. 109.74
Rule Amplifies: R.C. 109.73 , R.C. 109.75
Prior Effective Dates: 1/1/1988, 1/1/1995, 1/1/2001

109:2-7-04 Qualifications for evaluators.

(A) All persons conducting canine examinations shall be certified as a canine evaluator by the executive director.

(B) Each person seeking certification as a patrol-related canine evaluator shall provide the executive director documentation of the following criteria:

(1) A minimum of five years experience as a fulltime law enforcement officer;

(2) A minimum of three years experience as a patrol-related canine handler or trainer within the five year period immediately prior to the date of application for approval as a canine evaluator;

(3) Completion of a patrol-related canine training program approved by the executive director;

(4) Completion of the core course for evaluators as described in rule 109:2-7-02(B)(1) of the Administrative Code;

(5) Completion of an evaluator course for patrol-related canine evaluators approved by the executive director.

(C) Each person seeking certification as a special purpose canine evaluator shall provide to the executive director documentation of the following criteria:

(1) A minimum of five years experience as a fulltime law enforcement officer;

(2) A minimum of three years experience as a special purpose canine handler or trainer within the five year period immediately prior to the date of application for approval as a canine evaluator;

(3) Completion of a special purpose canine training program approved by the executive director;

(4) Completion of the core course for evaluators as described in rule 109:2-7-02(B)(1) of the Administrative Code;

(5) Completion of an evaluator course for special purpose canine evaluators approved by the executive director.

(D) The executive director shall issue a certificate to each person meeting certification requirements as a canine evaluator.

(1) Certification as an evaluator shall be valid for a period of three years from the date of issuance.

(2) At least sixty days, but no more than ninety days, before expiration of the certificate, the evaluator shall file with the executive director an application for renewal on a form provided by the executive director. Renewal shall be based upon the information indicated on the renewal form, and shall be accompanied by:

(a) Documentation that the evaluator has conducted, within the three-year period, at least two separately-numbered examinations in each area for which the evaluator is approved for certification.

(b) Documentation of completion of eighteen hours of additional training in canine-related topics.

(E) Should the executive director refuse to issue or renew a request for certification, he shall comply with the provisions in rule 109:2-7-06 of the Administrative Code.

(F) Certification as an evaluator may be revoked by the executive director for submission of falsified records, conviction for a crime involving theft, fraud or deception, or for other just cause. Should a decision to revoke be rendered, the executive director shall comply with the provisions of rule 109:2-7-06 of the Administrative Code.

R.C. 119.032 review dates: 04/01/2011 and 04/01/2016
Promulgated Under: 119.03
Statutory Authority: R.C. 109.74
Rule Amplifies: R.C. 109.73 , R.C. 109.75
Prior Effective Dates: 1/1/1988, 1/1/1995, 1/1/2001

109:2-7-05 Certification of law enforcement canine units.

(A) All testing for certification of law enforcement canine units shall be approved by the executive director according to minimum standards established by the commission.

(B) Each canine unit shall be certified annually by the executive director unless exempted because of unforeseen circumstances such as illness, emergency employment situation, or other valid reasons. The agency employing the canine unit shall submit a written request for exemption from the executive director. If granted by the executive director, the exemption shall be in writing and shall indicate the date by which the canine unit must complete the examination for certification.

(C) Those agencies which employ canine units covered by the requirements in division (A)(10) of section 109.73 of the Revised Code shall be responsible for arranging, in a manner prescribed by the executive director, an examination for certification of such units.

(1) The law enforcement agency shall request approval of the proposed examination on a form provided by the executive director. Provided the proposed examination meets the minimum standards as established by the commission, the executive director shall approve the scheduled examination.

(2) The evaluator will be responsible for verifying the eligibility of each canine unit to be tested, and for surveying the proposed testing sites. The agency or agencies sponsoring the examination will also be responsible for providing all assisting personnel, materials, equipment and facilities necessary for conducting the examination.

(D) Each canine unit shall be certified each time a handler is assigned a different canine or a canine is assigned a different handler before the unit assumes law enforcement duties.

(E) Certification shall be based on successful completion of an approved certification examination as described in paragraph (B) of rule 109:2-7-03 of the Administrative Code for patrol-related Canines or paragraph (C) of rule 109:2-7-03 of the Administrative Code for special purpose canines. The evaluator will make final decisions with regard to weather conditions, adequacy of the testing site, eligibility of the unit to be tested, and controllability of the canine. No canine which has failed to meet the minimum eligibility standards set forth in this chapter, or which the evaluator determines to be uncontrollable or does not obtain an acceptable rating in obedience, when applicable, shall be permitted to continue the certification examination.

(1) Within thirty days after the completion date of the examination, the evaluator shall submit, to the executive director, testing records for all units which have been examined. Such records shall include information required on a form provided by the executive director.

(2) The evaluator shall also submit, on a form prescribed by the executive director, a notarized statement of recommendation for certification of the units which have successfully met all certification standards and requirements.

(F) The executive director shall issue a certificate to each canine unit successfully completing certification requirements.

Effective: 06/22/2013
R.C. 119.032 review dates: 04/02/2013 and 06/22/2018
Promulgated Under: 119.03
Statutory Authority: 109.74
Rule Amplifies: R.C. 109.73 , R.C. 109.75
Prior Effective Dates: 1/1/1988, 1/1/1995, 1/1/2001

109:2-7-06 Adjudication hearing procedure.

(A) If a request for initial or renewal certification as an evaluator is denied, or the certification is revoked, the executive director shall notify and advise the affected party that the affected party may request a hearing before the commission as provided in sections 119.06 and 119.07 of the Revised Code.

(B) The commission shall conduct the hearing as required by sections 119.01 to 119.13 of the Revised Code.

R.C. 119.032 review dates: 04/01/2011 and 04/01/2016
Promulgated Under: 119.03
Statutory Authority: R.C. 109.74
Rule Amplifies: R.C. 109.73 , R.C. 109.75
Prior Effective Dates: 1/1/1988, 1/1/1995, 1/1/2001

109:2-7-07 Forms.

All forms referenced in this chapter can be found at http://www.ohioattorneygeneral.gov/files/forms/forms-for-law-enforcement/law-enforcement-training-forms.aspxenforcement-training-forms.aspx or by contacting the Ohio peace officer training academy at askopota@ohioattorneygeneral.gov

Effective: 09/01/2014
R.C. 119.032 review dates: 08/22/2019
Promulgated Under: 119.03
Statutory Authority: 109.74
Rule Amplifies: 109.73 , 109.75