Chapter 109:2-6 Basic Course Training Program for Criminal Investigators Employed by State Public Defender

109:2-6-01 Definitions.

When used in Chapter 109:2-6 of the Administrative Code:

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

(B) The term "commander" means the director or other head of a school offering a commission-approved basic training course for criminal investigators employed by the state public defender.

(C) The term "executive director" means the executive director of the Ohio peace officer training commission.

(D) The term "basic course" means the training which has been approved by the executive director in accordance with rule 109:2-6-03 of the Administrative Code.

(E) The term "criminal investigator" means any person employed and designated by the state public defender as a criminal investigator who carries a firearm while on duty.

(F) The term "school" means any basic course for criminal investigators as approved by the executive director.

R.C. 119.032 review dates: 02/04/2013 and 02/04/2018
Promulgated Under: 119.03
Statutory Authority: 109.74
Rule Amplifies: 109.73 , 109.75
Prior Effective Dates: 4/11/87, 2/14/02, 2/4/13

109:2-6-02 Basic course training program for state public defender criminal investigators.

(A) The basic course training program is required for any person employed by the state public defender and designated a criminal investigator who carries a firearm while on duty, unless such person has successfully completed a firearms training program approved by the executive director prior to employment as a criminal investigator, or unless prior to June 6, 1986, was authorized to carry a firearm by the state public defender and has received training in the use of firearms that the executive director determines is equivalent to the firearms training that is otherwise required by rule 109:2-6-03 of the Administrative Code.

(B) Statement of purpose.

(1) It shall be clearly understood that the basic course described is designed as an absolute minimum program. The commander is encouraged to exceed this minimum program wherever possible.

(2) Nothing in this chapter shall limit or be construed as limiting the commander or state public defender to enact rules and regulations which establish a higher standard of training above the minimum required by rule 109:2-6-03 of the Administrative Code or which provide for the termination of the services of unsatisfactory employees during or upon completion of the prescribed probationary period.

(C) Local matters.

Instruction in such matters as operating rules and regulations of the state public defender's office, local ordinances, personnel policies and procedures may be given entirely upon local initiative. No portion of the instructional time devoted to this training shall be credited against the hours of instruction required under rule 109:2-6-03 of the Administrative Code.

R.C. 119.032 review dates: 02/04/2013 and 02/04/2018
Promulgated Under: 119.03
Statutory Authority: 109.74
Rule Amplifies: 109.73 , 109.75
Prior Effective Dates: 4/11/87, 2/14/02, 2/4/13

109:2-6-03 Approval of school.

(A) The commander of a school shall, twenty-one days prior to the beginning date, complete and forward to the executive director on forms supplied by the executive director, an application, a training calendar, and a preliminary enrollment list.

(B) The school approved by the executive director shall include topics in the following units: administration, legal, investigation, firearms, defensive tactics, human relations, emergency aid, and other subject matter as prescribed by the executive director.

(C) The preliminary enrollment list shall include the name of each criminal investigator. The list shall be signed by the commander stating that he has personal knowledge that each attendee has been authorized by the state public defender to attend the school.

(D) Prior to any training being conducted at a given site, an on-site inspection shall be conducted by a commission staff member. Each school shall have available all necessary classroom space, training aids, access to a firearms range, and other equipment deemed necessary by the executive director for the training of criminal investigators.

(E) A school will not be approved that has less than ten students unless the commander certifies that there are less than ten criminal investigators who need training; that has less than six approved instructors; or which extends more than sixteen weeks. The executive director may grant an extension when circumstances beyond the control of the commander, prevent the completion of the school within sixteen weeks.

(F) The executive director shall indicate in writing to the commander of the school approval to begin training.

(G) Revocation of school approval

(1) The executive director may revoke the approval of any school for failure to maintain the minimum standards as set forth in this chapter. The executive director shall notify the commander of the school in writing of the revocation and shall send notice by registered mail, return receipt requested, not later than the business day next succeeding such order. Such notice shall state the reasons for the executive director's action, applicable statutes or rules, and state that the party will be afforded a hearing if requested within thirty days of the date of mailing. A copy of such notice shall be mailed to the attorney or other representative of record representing the party. Notice of hearings shall be made in accordance with section 119.06 of the Revised Code.

(2) The commission shall conduct the hearing in conformance with the provisions of sections 119.01 to 119.13 of the Revised Code.

(3) Upon the receipt of the notice of revocation by the commander, the commander shall cease operation of the school even though a hearing has been requested in accordance with sections 119.01 to 119.13 of the Revised Code.

R.C. 119.032 review dates: 02/04/2013 and 02/04/2018
Promulgated Under: 119.03
Statutory Authority: 109.74
Rule Amplifies: 109.73 , 109.75
Prior Effective Dates: 4/11/87, 2/14/02, 2/4/13

109:2-6-04 Approval of instructors.

Each instructor is required to have the approval of the executive director. Such approval will be based upon the recommendation of the commander and the submission of a statement of qualifications as prescribed by the executive director for each subject or subjects the instructor will teach.

R.C. 119.032 review dates: 02/04/2013 and 02/04/2018
Promulgated Under: 119.03
Statutory Authority: 109.74
Rule Amplifies: 109.73 , 109.75
Prior Effective Dates: 4/11/87, 2/14/02, 2/4/13

109:2-6-05 Certification of state public defender criminal investigators.

(A) Upon certification by the commander showing that a criminal investigator has satisfactorily completed the basic course, a written certificate of satisfactory completion shall be issued to such criminal investigator by the executive director.

(B) Receipt of the certificate by a criminal investigator shall be considered as fulfillment of only one of the conditions of employment and shall not be construed as a limitation of the discretionary power of the state public defender to terminate the services of an otherwise unsatisfactory probationer.

R.C. 119.032 review dates: 02/04/2013 and 02/04/2018
Promulgated Under: 119.03
Statutory Authority: 109.74
Rule Amplifies: 109.73 , 109.75
Prior Effective Dates: 4/11/87, 2/14/02, 2/4/13

109:2-6-06 [Effective until 1/1/2015]Attendance.

Attendance shall be required of each criminal investigator at all sessions of the basic course.

(A) Absence of ten per cent or less.

When a criminal investigator is absent for ten per cent or less of the total hours of the training course in which he is enrolled, the school commander may excuse the absence if in the school commander's judgment, the absences were for valid reasons, including but not limited to: illness of either the criminal investigator or his immediate family; an emergency employment situation; or transportation failure. The commander may require the criminal investigator to make up the missed training to assure satisfactory completion of all subjects.

(B) Absence of more than ten per cent.

(1) If a criminal investigator misses more than ten per cent of the total hours of the course, the criminal investigator may complete the course but shall not be permitted to take the final examination nor shall he be certified. The criminal investigator may submit to the executive director a notarized statement setting forth the reasons for the absences and request to complete the training that was missed. Reasons for absence which the executive director may consider include but are not limited to: illness of either the student or his immediate family; emergency employment situations; transportation failure; or other valid reasons. The executive director shall rule on that request within fifteen calendar days of his receipt of the request. If the request is granted, the executive director shall approve in writing the method of completing the training.

(2) If the request to complete the course is denied by the executive director, the criminal investigator may request a hearing before the Ohio peace officer training commission as provided in section 119.06 of the Revised Code. The commission shall conduct the hearing as required by sections 119.01 to 119.13 of the Revised Code.

(C) There shall not be excused absences from the firearms training portion of the basic course.

(D) No criminal investigator shall be permitted to attend a school or the Ohio peace officer training academy unless the state public defender has authorized the attendance. The commander shall ensure each enrollee has the proper enrollment authorization for attendance of the basic course

(E) The commander shall be responsible for maintaining an accurate record of attendance for each criminal investigator at the basic course on a form provided by the executive director. The commander shall forward such records to the executive director, where they shall be available for authorized inspection.

R.C. 119.032 review dates: 02/04/2013 and 02/04/2018
Promulgated Under: 119.03
Statutory Authority: 109.74
Rule Amplifies: 109.73 , 109.75
Prior Effective Dates: 4/11/87, 2/14/02, 2/4/13

109:2-6-06 [Effective 1/1/2015]Attendance.

(A) Attendance shall be required of each criminal investigator at all sessions of the basic course.

(B) No criminal investigator shall be permitted to attend a school or the Ohio peace officer training academy unless the state public defender has authorized the attendance. The commander shall ensure each enrollee has the proper enrollment authorization for attendance of the basic course.

(C) The commander shall be responsible for maintaining an accurate record of attendance for each person attending training. The commander shall forward such records to the executive director.

Effective: 01/01/2015
R.C. 119.032 review dates: 02/04/2018
Promulgated Under: 119.03
Statutory Authority: 109.74
Rule Amplifies: 109.73 , 109.75
Prior Effective Dates: 04/11/1987, 02/14/2002, 02/04/2013

109:2-6-07 Notebook and eligibility requirements for the final examination.

(A) Each criminal investigator in the basic course shall maintain, as one of the requirements for certification, an adequate notebook during the course and shall submit such notebook to the commander for inspection. The notebook shall contain appropriate entries of material covered during the classroom sessions in the basic course. Among the factors to be evaluated in the notebook are: sufficiency of course content, organization, appropriateness of material, regularity of entries, neatness, accuracy and legibility. The notebook will be evaluated by the school commander as either satisfactory or unsatisfactory. Any representative of the commission may inspect a student notebook upon request.

(B) No person shall participate in the final written examination who has been evaluated as unsatisfactory for units of instruction in emergency aid, firearms and defensive tactics, the student notebook or any other area designated by the Ohio general assembly or the commission.

R.C. 119.032 review dates: 02/04/2013 and 02/04/2018
Promulgated Under: 119.03
Statutory Authority: 109.74
Rule Amplifies: 109.75
Prior Effective Dates: 4/11/87, 2/14/02, 2/4/13

109:2-6-08 Examination.

A final written examination must be taken and passed by a minimum score of seventy per cent by each criminal investigator for certification. The assembling of examination material, and preparation, supervision and grading of the examination shall be the responsibility of the commander. The commander shall forward the examination results and a copy of the examination to the executive director at the completion of the basic course.

R.C. 119.032 review dates: 02/04/2013 and 02/04/2018
Promulgated Under: 119.03
Statutory Authority: 109.74
Rule Amplifies: 109.73 , 109.75
Prior Effective Dates: 4/11/87, 2/14/02, 2/4/13

109:2-6-09 Firearms.

Each criminal investigator shall successfully pass each student performance objective in the firearms training portion of the basic course before being recommended for certification by the school commander.

R.C. 119.032 review dates: 02/04/2013 and 02/04/2018
Promulgated Under: 119.03
Statutory Authority: 109.74
Rule Amplifies: 109.73 , 109.75
Prior Effective Dates: 4/11/87, 2/14/02, 2/4/13

109:2-6-10 Credit for prior equivalent training.

A person requesting credit for prior equivalent firearms training must submit documentation of successful completion of training and the course curriculum to the executive director for review. The executive director, in reviewing said training, shall consider the number of hours, subject matter, instructor qualification, final student evaluation, and if the course was certified by an accrediting agency in determining equivalency.

R.C. 119.032 review dates: 02/04/2013 and 02/04/2018
Promulgated Under: 119.03
Statutory Authority: 109.74
Rule Amplifies: 109.73 , 109.75
Prior Effective Dates: 4/11/87, 2/14/02, 2/4/13

109:2-6-11 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.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