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

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: 10/12/2007, 10/16/2009