(A)
(1) No person shall receive an original appointment on a permanent basis as a peace officer unless such person has previously been awarded a certificate by the executive director attesting to satisfactory completion of the basic course prescribed in rule 109:2-1-16 of the Administrative Code, or certificate issued in accordance with paragraph (B) of this rule;
(2) No person shall be permitted to perform the functions of a peace officer or to carry a weapon in connection with peace officer duties unless such person has successfully completed the basic course and has been awarded a certificate of completion by the executive director, or certificate issued in accordance with paragraph (B) of this rule.
(B) Peace officer certification based upon out-of-state certification or prior training:
(1) An individual may apply for a peace officer certificate issued pursuant to division (E) of section 109.73 of the Revised Code by submitting documentation, in the manner prescribed by the executive director, sufficient to establish either of the following:
(a) The individual holds an out-of-state occupational license that is substantially similar to that of a peace officer certificate; or
(b) The individual has been actively employed as a peace officer for at least three of the last five years immediately preceding the date of their application in the uniformed services, a federal agency, or jurisdiction where an out-of-state license or certificate is not required to be employed as a peace officer.
(2) If an individual applies for the issuance of a peace officer certificate pursuant to division (E) of section 109.73 of the Revised Code and holds an out-of-state occupational license that is substantially similar to that of a peace officer certificate, the executive director shall issue a certificate if the individual provides satisfactory documentation of the following:
(a) The individual possesses an out-of-state occupational license issued by another state and the license is substantially similar to that of an Ohio peace officer certificate;
(b) If the individual holds an out-of-state occupational license in one or more jurisdictions, the individual is in good standing with each entity that regulates the individual's out-of-state license and the individual has not surrendered or had revoked any license or government certification related to the applicant's work in that same profession or occupation;
(c) The individual has held the out-of-state occupational license for at least one year immediately preceding the date the application is submitted;
(d) The individual has been actively employed as a peace officer, or substantially similar occupational activity, for at least one of the five years immediately preceding the date the application is submitted;
(e) The individual was required to satisfy minimum educational and training requirements to obtain the out-of-state license;
(f) The individual has not been convicted of, found guilty pursuant to a judicial finding of, or plead guilty to a criminal offense, or substantially similar offense in any jurisdiction, that would prohibit the individual from attending peace officer basic training as set forth in paragraph (C) of rule 109:2-1-03 of the Administrative Code;
(g) The individual has passed the written certification examination as provided in rule 109:2-1-11 of the Administrative Code.
(3) If an individual applies for the issuance of a peace officer certificate pursuant to division (E) of section 109.73 of the Revised Code based upon their satisfactory work experience in the same profession as a peace officer in the uniformed services, a federal agency, or jurisdiction where an out-of-state license or certificate is not required to be employed as a peace officer, the executive director shall issue a certificate if the individual provides satisfactory documentation of the following:
(a) The individual has provided sufficient documentation, in the manner prescribed by the executive director, that they have been actively employed as a peace officer for at least three of the last five years immediately preceding the date of their application in the uniformed services, a federal agency, or jurisdiction where an out-of-state license or certificate is not required to be employed as a peace officer;
(b) The individual has not previously surrendered or had revoked an out-of-state occupational license or government certification related to the occupational activities associated with the duties of a peace officer;
(c) The individual was required to satisfy minimum educational and training requirements to obtain the out-of-state license;
(d) The individual was required to demonstrate proficiency in and pass a written examination on the training and educational requirements to obtain the obtain the out-of-state license;
(e) The individual has not been convicted of, found guilty pursuant to a judicial finding of, or plead guilty to a criminal offense, or substantially similar offense in any jurisdiction, that would prohibit the individual from attending peace officer basic training as set forth in paragraph (C) of rule 109:2-1-03 of the Administrative Code;
(f) The individual passes the written certification examination as provided in paragraph (A) of rule 109:2-1-11 of the Administrative Code.
(4) If a current or former trooper of the Ohio state highway patrol applies for a peace officer certificate to be issued pursuant to division (A) of section 109.73 of the Revised Code, the executive director shall issue a certificate if the individual provides satisfactory documentation of the following:
(a) Successful completion of an Ohio state highway patrol training academy established and operated pursuant to Chapter 5503. of the Revised Code;
(b) The individual's employment history with the Ohio state highway patrol;
(c) The individual has not been convicted of, found guilty pursuant to a judicial finding of, or plead guilty to a criminal offense, or substantially similar offense in any jurisdiction, that would prohibit the individual from attending peace officer basic training as set forth in paragraph (C) of rule 109:2-1-03 of the Administrative Code;
(d) The individual passes the written certification examination as provided in paragraph (A) of rule 109:2-1-11 of the Administrative Code.
(5) As used in this paragraph:
(a) "Actively employed as a peace officer" means being employed and working, in a fulltime paid status, in a position where an individual's powers and responsibilities include at least all of the following:
(i) Investigating and enforcing criminal and or traffic laws in a manner that complies with all relevant provisions of the United States Constitution;
(ii) The authority to effectuate arrests for criminal offenses based upon probable cause, within the limits set forth by the Fourth Amendment to the United States Constitution, but that is not otherwise permissible by private citizens;
(iii) The ability to lawfully carry and use a firearm as part of their official duties with an authorization to use force, including deadly force, in a manner consistent with the Fourth Amendment to the United States Constitution;
(iv) Interviewing suspects, victims, and witnesses in relation to criminal and or traffic investigations;
(v) The duty to protect the public and enforce state or federal law; and
(vi) Any other essential functions of being a peace officer recommended by the executive director and approved by the peace officer training commission.
(b) "Substantially similar occupational activity" means employment in a position where the individual is authorized to perform all the activities set forth in paragraph (B)(5)(a) of this rule.
(c) "Out-of-state occupational license", "government certification, "license," "good standing" and, "uniformed services" have the same meaning as in section 4796.01 of the Revised Code.
(d) An out-of-state occupational license is substantially similar to a peace officer certificate if it conveys, with valid employment, the licensee authority to perform all the activities set forth in (B)(5)(a) of this rule.
(C) All individuals who have previously been appointed as peace officers who terminate their appointment from an agency will have their training eligibility reviewed by the executive director upon reappointment.
Upon appointing a person to a peace officer position as described in division (A) of section 109.71 of the Revised Code, or up to ninety days prior to appointing a person to a peace officer position, the appointing agency shall submit a request for the executive director to evaluate the officer's training and eligibility to perform the functions of a peace officer. Such request will be made on a form provided by the executive director and shall be submitted immediately upon appointing the officer.
(D) Refresher training required based upon breaks in service:
(1) All individuals with a peace officer certificate issued by the executive director, or previously appointed as a peace officer, who have not been appointed as either a peace officer or a trooper for more than one year but less than four years, shall successfully complete up to forty-hours of refresher training as prescribed by the executive director.
(2) All individuals with a peace officer certificate issued by the executive director, or previously appointed as a peace officer, who have not been appointed as either a peace officer or a trooper for more than four years shall successfully complete eighty-hours of refresher training as prescribed by the executive director.
(3) Individuals subject to a refresher requirement set forth in this paragraph may be appointed as peace officers, but shall be prohibited from carrying a firearm in connection with the appointment and shall be prohibited from performing the functions of a peace officer until evidence of completion of the training has been verified by the executive director.
(E) Any individual who has been appointed as a peace officer and has been awarded a certificate of completion of basic training by the executive director and has been elected or appointed to the office of sheriff shall be considered a peace officer during the term of office for the purpose of maintaining a current and valid basic training certificate. Any training requirements required of peace officers, including continuing professional training pursuant to section 109.803 of the Revised Code, shall also be required of sheriffs who wish to maintain a current and valid peace officer certificate during their term in office.
(F) Any individual who has been awarded a certificate of completion of basic training by the executive director and has been appointed as a deputy inspector general under section 121.48 of the Revised Code shall be considered a peace officer during the term of the deputy inspector general's appointment for the purpose of maintaining a current and valid basic training certificate. Any training requirements required of peace officers, including continuing professional training pursuant to section 109.803 of the Revised Code, shall also be required of deputy inspector generals who wish to maintain a current and valid peace officer certificate.
(G) Former troopers of the Ohio state highway patrol who are appointed as peace officers in Ohio as of the effective date of this rule, may be reappointed as peace officers without completion of the state certification examination. Passage of the state certification examination is only required to receive an original peace officer appointment or to receive a peace officer certificate.
(H) This rule shall not be construed to preclude a township, county, or municipal corporation from establishing time limits for satisfactory completion of the basic course and re-entry requirements of less than the maximum limits prescribed by the commission. If a township, county, or municipal corporation has adopted time limits less than the maximum limits prescribed in this paragraph, such time limits shall be controlling.
(I) The completion of any refresher course required by this rule shall remain valid for one year from the date of completion. If the person has not been appointed by an agency within one year of the completion of the refresher course, the person must retake the refresher course prior to being appointed and performing the functions of a peace officer.
(J) No individual shall be eligible to attend a refresher course if the individual cannot lawfully possess a firearm, or if any of the conditions set forth in paragraph (C) of rule 109:2-1-03 of the Administrative Code apply.