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 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 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 or five years of experience as a bailiff or deputy bailiff;

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

(4) Successful completion of an 80-hour instructional skills course or equivalent as approved by the executive director;

(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, offense of violence, sexually oriented offense or child-victim oriented offense, or firearms disability offense per Chapter 2923. of the Revised Code.

(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. 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) The executive director shall deny or revoke the certification of any commander for the following reasons:

(1) Failure to meet the minimum qualifications for certification of a commander listed in division (A) 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) Failure to conduct a basic school within a five year period;

(5) Falsifying information on records, application, or other documentation;

(6) Violation of rules promulgated under this chapter; or;

(7) 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.

(D) 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 offices.

(E) Should the executive director supsend 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.

(F) Current, approved peace officer, parole officer, or probation officer school commanders can also administer basic schools approved by the executive director.

Effective: 07/01/2014
R.C. 119.032 review dates: 02/03/2016
Promulgated Under: 119.03
Statutory Authority: 109.74
Rule Amplifies: 109.73 , 109.75
Prior Effective Dates: 4/11/1987, 7/07/2002, 4/24/2008