Lawriter - OAC - 109:2-5-05 Approval of commanders.

109:2-5-05 Approval of commanders.

Each commander is required to have the approval of the executive director to conduct a basic school. Such approval will be based upon the submission of a 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 basic school.

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

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

(2) Five years of relevant law enforcement experience, five years of experience as a court officer, or five years of experience as a corrections officer authorized to carry a firearm while on duty and required to complete an annual firearms requalification;

(3) Two years of relevent, full-time supervisory experience

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

(5) No conviction for a felony, crime of moral turpitude, offense of violence, sexually oriented offense or child-victim oriented offense, or firearms disability offense per Chapter 2923. of the Revised Code.

(6) For applicants applying to be commanders on or after July 1, 2017 , completion of a commander training program approved by the executive director.

(B) Upon receipt and verification of an 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. Unless the decision was of a ministerial nature 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 Revised Code. The commission shall conduct the hearing as required by sections 119.01 to 119.13 of the Revised Code.

(C) Certification shall be renewed every five years. At least sixty days and no more than ninety days prior to expiration of the certificate, the individual shall submit, on a form prescribed by the executive director, an application for renewal that indicates the applicant has complied with the following:

(1) The applicant has conducted at least two basic training schools within the renewal period;

(2) The applicant has attended at least one commander conference within the renewal period if commander conferences are offered; and

(3) The applicant has completed at least twenty-four hours of training relevant to conducting and overseeing a basic training school.

(D) The executive director shall deny, refuse to renew, or revoke the certification of any commander for the following reasons:

(1) Failure to meet the minimum qualifications for certification or renewal listed in paragraphs (A) and (C) of this rule;

(2) A commander's evaluation reflecting unacceptable performance;

(3) Conviction for a felony, crime of moral turpitude, offense of violence, sexually oriented or child-victim oriented offense, or any other disqualifying offense;

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

(E) The executive director may suspend the certification of any commander that is charged with any felony, crime of moral turpitude, offense of violence, sexually oriented or child-victim oriented offense, or any other disqualifying offenses .

(F) Should the executive director suspend or revoke the certificate, the executive director shall notify the commander in writing of this decision. 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 Revised Code. The commission shall conduct the hearing as required by sections 119.01 to 119.13 of the Revised Code.

(G) Currently, approved peace officer school commanders can also administer basic schools approved by the executive director.

Effective: 1/1/2018
Five Year Review (FYR) Dates: 2/3/2021
Promulgated Under: 119.03
Statutory Authority: R.C. 109.74
Rule Amplifies: R.C 109.73, R.C. 109.75
Prior Effective Dates: 04/11/1987, 07/07/2002, 04/24/2008, 02/03/2011, 07/01/2014, 07/01/2017