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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 109:2-18 | Continuing Professional Training for Peace Officers and Troopers

 
 
 
Rule
Rule 109:2-18-01 | Definitions.
 

(A) As used in rules 109:2-18-01 to 109:2-18-07 of the Administrative Code, "Peace Officer" has the same meaning as in section 109.71 of the Revised Code.

(B) "Trooper" means an individual appointed as a state highway patrol trooper under section 5503.01 of the Revised Code.

(C) "Appointing Authority" means any agency or entity that appoints a peace officer or trooper.

(D) "Pilot program" means the one-year program created by Section 701.70 of Amended Substitute House Bill 110 of the 134th General Assembly to gather salary data for peace officers and troopers and fund continuing professionalism training for calendar year 2022.

(E) "Responsible Agency" means the appointing authority charged with the responsibility for documenting the peace officer or trooper's training.

(F) "Commission" means the Ohio peace officer training commission.

(G) "Executive Director" means the executive director of the Ohio peace officer training commission.

(H) "Continuing Professional Training" means the training prescribed by sections 109.802 and 109.803 of the Revised Code.

(I) "OHLEG" means the Ohio law enforcement gateway.

(J) "Full-time" means officers or troopers who are in active pay status receiving compensation and benefits for forty hours in a work week or eighty hours in a fourteen-day period. For purposes of this chapter, active pay status has the same meaning as in rule 123:1-47-01 of the Administrative Code.

Last updated December 16, 2021 at 8:12 AM

Supplemental Information

Authorized By: 109.803, Sec. 701.70 of Am. Sub. HB 110 (134th General Assembly)
Amplifies: 109.803, 109.73, 109.75, Sec. 701.70 of Am. Sub. HB 110 (134th General Assembly)
Five Year Review Date: 7/1/2024
Prior Effective Dates: 1/1/2017
Rule 109:2-18-02 | Officer training requirements.
 

(A) Every appointing authority shall require each of its appointed peace officers and troopers to complete up to twenty-four hours of continuing professional training each calendar year.

(B) Except as required by Section 701.70 of Amended Substitute House Bill 110 of the 134th General Assembly, the commission shall set the required minimum number of hours based upon the availability of funding for reimbursement. Except as required by Section 701.70 of Amended Substitute House Bill 110 of the 134th General Assembly, if no funding is available for reimbursement, continuing professional training shall not be required for the year(s) in which sufficient funding was not available.

(C) Newly certified peace officers shall be exempt from continuing professional training requirements for the calendar year in which the peace officer completed peace officer basic training. Newly commissioned troopers shall be exempt from continuing professional training requirements for the calendar year in which the trooper completed the highway patrol cadet training program. Effective the date of this amendment, regardless of when a peace officer receives a new appointment, they are required to complete continuing professional training for that calendar year.

(D) Sheriffs completing training pursuant to division (B) of section 109.80 and division (E) of section 311.01 of the Revised Code may receive credit towards the peace officer continuing professional training requirement as long as the training satisfies the requirements of this chapter.

(E) Officers completing statutorily mandated training may receive credit towards the peace officer continuing professional training requirement for the calendar year the training is taken as long as the training satisfies the requirements of this chapter.

(F) Peace officers and troopers may receive credit for up to four hours of continuing professional training for time spent while on duty providing drug use prevention education training if all of the following requirements are met:

(1) The curricula and lesson plans utilized must be evidenced-based.

(2) The students instructed must be in a school district, community school established under Chapter 3314. of the Revised Code, STEM school established under Chapter 3326. of the Revised Code or a college-preparatory boarding school established under Chapter 3328. of the Revised Code, and

(3) The peace officer or trooper providing the training meets the instructor requirements found in paragraph (A)(4)(a) of rule 109:2-18-03 of the Administrative Code.

(G) A law enforcement agency utilizing a peace officer or trooper to provide training described in a paragraph (F) of this rule may use any hours in excess of four that the officer or trooper accumulates while providing that training for other peace officers or troopers appointed by the agency to offset the number of continuing professional training hours required. No more than four hours of training per officer or trooper may be offset pursuant to this paragraph.

(H) The training described in paragraph (F) of this rule cannot be used by a peace officer, trooper, or law enforcement agency to offset any hands-on training required by the commission.

(I) The executive director may extend the time for completion of the continuing professional training requirements upon written request from the appointing authority. Such request shall contain an explanation of the emergency circumstances which created the need for the extension. The application shall set forth the name of the peace officer or trooper for whom the extension is requested, the emergency circumstances, including documentation, for which the extension is requested, and the date on which the request was submitted to the commission. Factors which may be considered in granting or denying such requests include, but are not limited to, serious illness of the individual or an immediate family member, prolonged military service, or an unexpected shortage of manpower within the appointing agency. Based upon the emergency circumstances in any given case, the executive director may extend the required completion date. Extensions shall be for ninety days, absent a finding by the executive director that special circumstances exist for a longer extension.

(J) The executive director shall either grant or deny the request for extension within thirty days after the date on which the request was received by the commission. The executive director shall send written notice of the decision to the appointing authority.

(K) In the event a peace officer or trooper is appointed by more than one agency as of December 2, 2021, the agency responsible for documenting the training for calendar year 2022 and eligibility to receive funding through the pilot program shall be determined by order of priority as follows: (1) full-time, (2) part-time, and (3) other. In the event a peace officer or trooper holds appointments of equal priority, the agency by which the peace officer or trooper was first appointed shall be the agency responsible for documenting the training and eligibility.

(L) Continuing professional training does not include annual in-service firearms re-qualification pursuant to section 109.801 of the Revised Code.

(M) For purposes of this rule, "hands-on training" means

(1) Training that is not primarily lecture-based;

(2) Training that involves physical activity or exertion; and

(3) Training that involves direct practical experience for the students.

Last updated December 16, 2021 at 8:12 AM

Supplemental Information

Authorized By: Sec. 701.70 of Am. Sub. HB 110 (134th General Assembly)
Amplifies: 109.803, 109.75, 109.73, Sec. 701.70 of Am. Sub. HB 110 (134th General Assembly)
Five Year Review Date: 10/16/2024
Prior Effective Dates: 10/16/2009
Rule 109:2-18-03 | Training and instructor qualification.
 

(A) The requirements set forth herein are intended as minimum qualifications for continuing professional training. Appointing authorities are encouraged to exceed these minimum standards whenever possible. Continuing professional training shall be conducted in a program approved by the executive director and shall address matters directly related to the duties and responsibilities of a peace officer or trooper. The training shall serve a recognized law enforcement purpose and shall have significant intellectual or practical content, the primary objective of which shall be to improve a participant's professional competence as peace officer or trooper. In addition, such training shall meet or exceed the following minimum requirements:

(1) Continuing professional training programs shall be conducted with a written, formal lesson plan or accompanied by a syllabus showing the content to be covered and associated hours.

(2) Training shall be conducted in a setting that is safe, physically suited to the educational activity, and conducive to effective learning. Physical skills training shall be conducted with appropriate training and safety equipment. Firearms training shall be conducted only on ranges in compliance with rule 1501:31-29-03 of the Administrative Code or ranges approved by the appointing authority for annual in-service firearms re-qualification.

(3) Other than training conducted via OPOTA online or other online training programs pre-approved by the executive director, the training shall be conducted in blocks of no less than one hour, where fifty minutes of actual instruction or other approved training activity constitutes one credit hour.

(4) The training shall be conducted only by instructors who meet at least one of the following criteria:

(a) The individual has five years of full-time law enforcement experience and meets at least one of the following criteria:

(i) The individual is a commission-certified peace officer basic training instructor; or

(ii) The individual has, at a minimum, a four-year college degree; or

(iii) The individual has completed an instructional skills course approved by the executive director; or

(b) The individual is a certified or licensed professional and is providing instruction in a subject area directly related to the field for which the individual is certified or licensed.

(c) The individual and the training program the individual is conducting has been pre-approved by the executive director.

(d) Individuals permitted to conduct a training under this section may use the hours spent instructing a pre-approved course toward their own continuing professionalism requirements as prescribed by the executive director.

(5) Each year, the executive director may authorize additional instructor qualifications to be eligible to conduct the continuing professional training program. Any additional requirements shall be announced at the same time the training and reimbursement requirements are announced for the upcoming calendar year.

(B) Appointing authorities may request a training program be pre-approved for continuing professional training credit. Appointing authorities seeking such pre-approval shall submit sufficient documentation to the executive director showing that the proposed training meets the requirements of paragraph (A) of this rule.

(C) Individuals who were commission-certified instructors but have had such certification revoked or suspended, shall not teach continuing professional training.

Last updated December 16, 2021 at 8:12 AM

Supplemental Information

Authorized By: Sec. 701.70 of Am. Sub. HB 110 (134th General Assembly)
Amplifies: 109.803, 109.73, 109.75, Sec. 701.70 of Am. Sub. HB 110 (134th General Assembly)
Five Year Review Date: 9/20/2022
Prior Effective Dates: 10/12/2007
Rule 109:2-18-04 | Reimbursement of training costs.
 

(A) Except as otherwise provided in rule 109:2-18-02 of the Administrative Code, every appointed peace officer or trooper is required to comply with the annual continuing professional training requirements set forth herein. Only public appointing authorities qualify for reimbursement for the cost of continuing professional training programs.

(B) Law enforcement agencies shall submit funding requests under the pilot program to offset up to fifty per cent of the salaries of peace officers or troopers for the time peace officers or troopers are completing the training required by section 109.803 of the Revised Code. In submitting a funding request, an appointing authority shall do shall do all of the following:

(1) On or before the date prescribed by the attorney general, and on the form and in the manner prescribed by the attorney general, transmit a certification that attests to the sum total of the anticipated salaries of all peace officers or troopers in the appointing authorities employment who are subject to the training requirements set forth in section 109.803 of the Revised Code.

(2) On or before the date prescribed by the attorney general, and on the form and in the manner prescribed by the attorney general, transmit a certification that attests to base hourly rate of pay for each peace officer or trooper in the appointing authorities employment subject to the training requirements set forth in section 109.803 of the Revised Code for calendar year 2022.

(C) Pursuant to division (B) of section 1713.50 of the Revised Code, appointing authorities who employ peace officers appointed under section 1713.50 of the Revised Code are not eligible to apply for funding under the pilot program.

(D) Multiple appointing authorities cannot receive funding for the same peace officer or trooper during the same calendar year. If a peace officer or trooper is appointed by more than one agency at the time the funding request is described in paragraph (B) of this rule is made, only the appointing authority responsible for documenting the peace officer or troopers training under paragraph (K) of rule 109:2-18-02 of the Administrative Code may receive funding. If an officer or trooper is improperly claimed on a funding request made under division (B) the officer or trooper will be removed from the request and the appointing authority shall be notified of the officer or troopers removal.

(E) Prior to the distribution of any funds under the pilot program, the executive director shall cause to be reviewed the requests submitted pursuant to paragraph (B) of this rule to verify that all of the following are true:

(1) The agency submitting the request is eligible to receive funding under the pilot program;

(2) The peace officers or troopers included on the funding request are appointed to the agency requesting the funding;

(3) The peace officers or troopers included on the funding request are subject to the training requirements set forth in section 109.803 of the Revised Code for calendar year 2022;

(4) The agency submitting the request is the responsible agency for all peace officers or troopers included on the request pursuant to paragraph (K) of rule 109:2-18-02 of the Administrative Code.

(F) On or before January 1, 2022, the attorney general shall determine if the money appropriated for the purposes of the pilot program is sufficient to pay fifty per cent of the total of all funding requests received under paragraph (B) of this rule.

(1) If the money appropriated to the attorney general for the pilot program is sufficient to pay fifty per cent of the total cost of the salaries of the peace officers or troopers of all law enforcement agencies that submitted funding requests under paragraph (B) of this rule, the attorney general shall pay to each law enforcement agency fifty per cent of the salaries of the peace officers or troopers who will receive the training set forth in section 109.803 of the Revised Code for calendar year 2022;

(2) If the money appropriated to the attorney general for the pilot program is insufficient to pay fifty per cent of the total cost of the salaries of the peace officers or troopers for the hours spent completing the required training, the attorney general shall proportionately reduce the amount paid to each agency so that each agency is paid an equal percentage of its costs for the training.

(G) Agencies submitting requests for funding under paragraph (B) of this rule shall not receive more than fifty per cent of the total cost of the salaries of the peace officers or troopers to be paid to the peace officers or troopers who will receive the twenty-four hours of continuing professionalism training in calendar year 2022.

(H) Each appointing authority that receives funds under this rule shall keep those funds separate from any other funds of the appointing authority and shall use those funds solely to defray the cost of continuing professional training programs.

Last updated December 16, 2021 at 8:13 AM

Supplemental Information

Authorized By: Sec. 701.70 of Am. Sub. HB 110 (134th General Assembly)
Amplifies: 109.803, 109.73, 109.75, Sec. 701.70 of Am. Sub. HB 110 (134th General Assembly)
Five Year Review Date: 10/16/2024
Prior Effective Dates: 10/12/2007, 10/16/2009
Rule 109:2-18-05 | Agency record keeping and reporting.
 

(A) Appointing authorities are required to maintain records sufficient to demonstrate compliance with the minimum requirements set forth in rules 109:2-18-01 to 109:2-18-07 of the Administrative Code. All such records shall be kept on file by the appointing authority in accordance with the appointing authority's records retention schedule, but in no event should the records be retained less than three years. The records shall be made available to the executive director for inspection upon request.

(B) Agencies who receive funding under paragraph (B) of 109:2-18-04 of the Administrative Code shall be responsible for maintaining records and reporting information relating to the training of each peace officer or trooper for which they received funding for the 2022 calendar year in the manner prescribed by the executive director.

(C) For training conducted by the appointing authority, authentic copies of the lesson plans submitted with authentic copies of the sign-in sheets shall be presumed to be sufficient to demonstrate compliance in accordance with paragraph (A) of this rule. For all other training, the following records shall be presumed to be sufficient to demonstrate such compliance:

(1) Authentic copies of the lesson plans submitted with authentic copies of the sign-in sheets; or,

(2) Authentic certificates of successful completion.

(D) The executive director may consider sworn testimony, affidavits and/or other reliable and authentic documentation submitted to demonstrate compliance with the minimum requirements set forth in rules 109:2-18-01 to 109:2-18-07 of the Administrative Code. The executive director shall determine, in his/her sound discretion, the validity, probative value and sufficiency of any testimony, affidavits and documentation so offered.

(E) Irrespective of whether an agency accepts funding through the pilot program, an appointing authority is required to report compliance in a manner prescribed by the executive director. To qualify for credit and reimbursement, training records must be updated no later than thirty days following the completion of training.

(F) If an agency receives funds pursuant to rule 109:2-18-04 of the Administrative Code, and a peace officer or trooper for which funds were requested under paragraph (B) of that rule separates from the agency prior to expenditure of the funds allocated for the training of that peace officer or trooper, the agency must promptly notify the commission in the manner prescribed by the executive director and return the unused portion of the funds allocated for the training of that peace officer or trooper to the attorney general.

(G) All funds distributed in accordance with rule 109:2-18-04 of the Administrative Code must be used to support the training of the peace officers and troopers included in the request made pursuant to paragraph (B) of rule 109:2-18-04 of the Administrative Code as prescribed by the commission. Any funds not used for that purpose on or before January 1, 2023 must be returned to the attorney general.

Last updated December 16, 2021 at 8:13 AM

Supplemental Information

Authorized By: Sec. 701.70 of Am. Sub. HB 110 (134th General Assembly)
Amplifies: 109.803, 109.73, 109.75, Sec. 701.70 of Am. Sub. HB 110 (134th General Assembly)
Five Year Review Date: 10/16/2024
Prior Effective Dates: 10/16/2009
Rule 109:2-18-06 | Enforcement.
 

(A) Pursuant to division (B) of section 109.803 of the Revised Code, any peace officer or trooper who, in any calendar year, fails to comply with the continuing professional training requirements set forth in rules 109:2-18-01 to 109:2-18-07 of the Administrative Code shall cease carrying a firearm and shall cease performing the functions of a peace officer or trooper until such time as evidence of compliance is filed with the executive director. This rule does not apply to peace officers or troopers for whom an extension of time has been granted by the executive director.

(B) The decisions of the executive director are subject to the appeals process of Chapter 119. of the Revised Code.

Last updated December 16, 2021 at 8:13 AM

Supplemental Information

Authorized By: Sec. 701.70 of Am. Sub. HB 110 (134th General Assembly)
Amplifies: 109.803, 109.73, 109.75, Sec. 701.70 of Am. Sub. HB 110 (134th General Assembly)
Five Year Review Date: 9/20/2022
Prior Effective Dates: 10/12/2007
Rule 109:2-18-07 | Program funding.
 

Funding for continuing professional training may come from a variety of funding sources. As funding sources change over time, the requirements may change to reflect the focus of the funding source. No later than October fifteen of each year, the executive director shall notify the appointing authorities, in writing, of the training requirements for the upcoming calendar year.

Last updated December 16, 2021 at 8:13 AM

Supplemental Information

Authorized By: Sec. 701.70 of Am. Sub. HB 110 (134th General Assembly)
Amplifies: 109.803, 109.73, 109.75, Sec. 701.70 of Am. Sub. HB 110 (134th General Assembly)
Five Year Review Date: 9/20/2022
Rule 109:2-18-08 | Forms.
 

All forms referenced in this chapter can be found at https://www.ohioattorneygeneral.gov/law-enforcement/ohio-peace-officer-training-academy/opotc-resources or by contacting the Ohio peace officer training academy at CPTquestions@OhioAGO.gov.

Last updated December 16, 2021 at 8:14 AM

Supplemental Information

Authorized By: 109.74, Sec. 701.70 of Am. Sub. HB 110 (134th General Assembly)
Amplifies: 109.73, 109.803, 109.75, Sec. 701.70 of Am. Sub. HB 110 (134th General Assembly)
Five Year Review Date: 3/31/2026