Cal. Code Regs. Tit. 11, § 1204 - Cancellation of Peace Officer Appointment to the POST Agency Roster
(a) The commission
shall cancel the appointment to the POST agency roster of a peace officer for
the following reasons:
(1) The appointment
was made as a result of misrepresentation or fraud.
(2) The appointment was made as a result of
administrative error on the part of the commission or the employing
agency.
(3) An audit revealed the
appointee did not meet the minimum hiring and selection standards required at
the time of appointment.
(b) Upon a determination made in accordance
with subdivision (a)(2) or (3) that an appointment resulted from a deficiency
in file documentation, the commission shall notify the agency of the deficiency
in writing and shall permit the agency an opportunity to correct the
deficiency. A failure to correct the deficiency within 30 days from the date of
mailing of the commission's notice to the agency will result in cancellation of
the appointment to the POST agency roster by the commission, in accordance with
subdivision (c).
(1) If the deficiency is
corrected within 30 days, the agency shall notify the commission of the
correction and, upon confirmation by the commission that the deficiency has
been corrected, documentation of the correction will be placed in the agency
file and no further action will be taken.
(2) Upon request, the commission shall grant
up to two 30-day extensions for good cause.
(c) Written Notice of Cancellation of
Appointment to the POST Agency Roster
(1) In
any case in which the commission cancels an appointment to the POST agency
roster, the commission shall notify the agency head of the peace officer's
name, the specific reason for the cancellation, the appointment cancellation
date, and the procedure for requesting an appeal of the cancellation.
(2) A notice of cancellation may be appealed
in accordance with subsection (d).
(d) Appeals
(1) An appeal will be considered timely if
the appeal and all supporting documentation is submitted in writing to the
Executive Director and postmarked within 20 business days of the date of the
mailing of the Executive Director's decision to the agency.
(A) Appeals received at least 20 business
days prior to the next scheduled Commission meeting will be heard at that
meeting.
(B) Appeals received with
less than 20 business days remaining prior to the next scheduled Commission
meeting will be heard at the next following scheduled meeting.
(C) The commission shall notify the appellant
of the date, time, and location of the hearing within 15 business days of the
receipt of the appeal by the commission.
(D) At an appeal hearing, the Commission
shall consider the staff report, the appeal documentation received from the
appellant, and any other evidence presented at the hearing. Following
deliberation, the Commission shall notify the appellant of its decision upon
reconvening in open session.
(e) Cancellation of Proof of Eligibility
Upon cancellation of an appointment to the POST agency roster, the corresponding Proof of Eligibility shall also be cancelled.
Notes
Note: Authority cited: Sections 13503, 13506 and 13510.1, Penal Code. Reference: Section 1029, Government Code; and Section 13510.1, Penal Code.
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