RELATES TO: KRS Chapter 13B, 15.330(1)(f), 15.330(1)(h),
15.380, 15.382, 15.384(1), 15.392, 15.394(1), 15.396(1), 15.3971, 15.400(1),
15.408, 15.440, 15.540, 15.565, 15.580
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15.330(1)(f) and (h)
and 15.590 authorize the Kentucky Law Enforcement Council to promulgate
reasonable administrative regulations to accomplish the purposes of KRS 15.310
to 15.404 and to approve law enforcement officers, telecommunicators, and other
persons having met requirements under KRS 15.310 to 15.510, 15.530 to 15.590,
and 15.990 to 15.592. KRS 15.440 authorizes the council to promulgate
administrative regulations for approval of basic training credit for
out-of-state basic training and work experience. This administrative regulation
establishes the guidelines and procedures necessary to implement and administer
peace officer, telecommunicator, and court security officer
certification.
Section 1. Approval of
Agency's Validated Job Task Analysis and Associated Agency Testing.
(1) Application. If an agency desires to use
its own job task analysis and any associated agency testing, the agency shall
submit to the KLEC office completed KLEC Forms J and Q along with a copy of the
proposed job task analysis. The agency shall supply:
(a) The name of the entity that completed the
analysis;
(b) The date on which the
analysis was completed;
(c) A
curricula vitae, resume, or company profile of the entity that completed the
analysis; and
(d) A listing of all
job task analyses previously completed by the person or entity, including the
dates of the analyses.
(2) Criteria for assessment. The submitted
job task analysis shall be assessed based upon the following criteria:
(a) Credentials and history of the entity
conducting the analysis.
1. Education, with a
preference given to degrees in law enforcement, statistics, or a related
area.
2. Work experience, with a
preference given to emphasis in law enforcement, statistics, or a related
area.
3. Number and quality of job
task analyses completed.
(b) Methodological approach.
1. Reasonable, standardized format of the
study and the report.
2. Relative
reliability and validity of the study's sampling techniques and
practice.
3. Other considerations
that reflect sound practice of the scientific method.
4. Specificity of the analysis. The job task
analysis shall establish minimum entry qualifications, specific training
requirements, and description of duties of officers.
(3) Initial review.
(a) Within five (5) business days of receipt
of the application, the KLEC office shall notify the agency that:
1. The application has been received and is
complete; or
2. The application is
incomplete. The notice that an application is incomplete shall identify the
specific information to be supplemented to process the application. The agency
shall submit the necessary information within ten (10) business days of the
agency's receipt of the notice of insufficiency. If the agency fails to submit
the supplementary information within the specified time period, the application
shall be considered abandoned and the agency shall resubmit an application for
consideration of its job task analysis and associated agency testing.
(b) The KLEC office
recommendation. Within thirty (30) days of receipt of the completed
application, the KLEC office shall forward the application to KLEC along with a
recommendation to approve or reject the job task analysis and associated agency
tests and the specific reasons supporting a recommendation to reject.
(c) KLEC review. The KLEC Professional
Standards Committee shall review the application and recommendation of the KLEC
office and forward its recommendation to KLEC for final review. Within sixty
(60) days of their receipt of the application, KLEC shall issue written notice
to the agency indicating whether the application has been approved or found to
be insufficient or erroneous.
(d)
If an application is found to be insufficient or erroneous, the KLEC shall
notify the agency of:
1. The reasons for the
finding; and
2. The requirement
that the council file a declaratory action in accordance with KRS 15.394(1).
Section
2. Agency Testing Procedures.
(1) Each agency participating in
certification shall submit a completed KLEC Form Q or KLEC Form tele-Q to the
KLEC office prior to any applicant testing. The KLEC office shall be notified
of any changes in the Form Q or KLEC Form tele-Q within ten (10)
days.
(2) Initial review. Within
fifteen (15) business days of receipt of KLEC Form Q, the KLEC office shall
notify the agency that the form:
(a) Has been
received and is complete; or
(b) Is
incomplete. The notice that an application is incomplete shall identify the
specific information to be supplemented to process the form. The agency shall
submit the necessary information within ten (10) business days of the agency's
receipt of the notice of insufficiency. Applicants shall not be tested or
certified by KLEC until the form is complete.
(3) The KLEC office review of requests for
agency testing. Within thirty (30) days of receipt of the completed form, the
KLEC office shall review requests for agency testing from those agencies
without a validated job task analysis to determine if the proposed tests are
consistent with the minimum standards for KLEC testing as established in
Section 4 of this administrative regulation. The KLEC office shall notify the
agency if the proposed testing is acceptable. If the KLEC office determines
that the minimum standards are not met, it shall forward the form to KLEC along
with the specific reasons supporting a recommendation to reject the agency
testing.
(4) KLEC Review. The KLEC
Professional Standards Committee shall review the form and the recommendation
of the KLEC office and forward its recommendation to KLEC for final review.
Within sixty (60) days of receipt of the form, KLEC shall issue written notice
to the agency indicating whether the request for agency testing has been
approved or rejected and the specific reasons supporting the
rejection.
(5)
(a) An agency may appeal a decision made by
KLEC to reject an agency test by filing a written notice of appeal:
1. With the Secretary of the Justice and
Public Safety Cabinet; and
2.
Within thirty (30) days of receipt of the notice of rejection.
(b) The notice of appeal shall be
submitted:
1. In writing; and
2. With a copy of the notice of rejection of
agency testing attached.
(c) A copy of the notice of appeal shall also
be mailed to the KLEC office by certified mail.
(d) The Secretary of the Justice and Public
Safety Cabinet shall schedule a hearing within thirty (30) days of receipt of
the notice of appeal.
(e) The
administrative hearing shall be conducted in accordance with KRS Chapter
13B.
Section 3.
Certification of peace officers, telecommunicators, and court security
officers.
(1) Officers exempted from
certification requirements pursuant to KRS 15.380(5) who are requesting
certification shall submit KLEC Form E to the KLEC office.
(2) State peace officers employed pursuant to
KRS Chapter 18A who have had certification requirements adopted pursuant to KRS 15.380(2) shall submit KLEC Form E to the KLEC office.
(3) An agency may request that peace officers
identified in KRS 15.380(4), who have completed law enforcement basic training,
and part-time telecommunicators, who have completed the Telecommunications
Academy, participate in certification by submitting KLEC Form E to the KLEC
office.
(4) Peace officers,
telecommunicators, and court security officers entitled to certified status
pursuant to the grandfather provision of KRS 15.400(1), 15.3971, 15.560, or
15.565 shall submit KLEC Form C.
Section 4. Suitability Minimum Requirements.
The minimum requirements and procedures established for KLEC testing by this
section shall be followed.
(1) The background
investigation as specified in
KRS 15.382(12) and
15.3971(1)(k) shall consist of
the following minimum requirements, using the KLEC Form H-1 Background
Investigation and personal history questionnaire.
(a) Biographical history;
(b) Family history;
(c) Education;
(d) Employment history;
(e) Interview with the applicant's
references;
(f) Criminal history
including domestic violence protective orders; and
(g) Credit history.
(2) Fingerprinting. An applicant shall be
fingerprinted and a criminal background check shall be conducted as specified
in
KRS 15.382(5),
15.3971(1)(e), and
15.540(1)(c) through the procedure
established by this subsection.
(a) The
applicant shall be fingerprinted by the Kentucky State Police, who shall input
the fingerprints into the AFIS System and complete a state records check. The
fingerprints shall also be sent to the FBI for a records check.
(b) The KSP shall forward the results of
state and FBI records check to the employing agency.
(c) Final certification shall not be issued
until results consistent with certification requirements and acceptable to the
agency are received from the FBI.
(d) The agency may employ the peace officer,
telecommunicator, or court security officer contingent upon the pending FBI
results.
(3)
Psychological screening, as specified in
KRS 15.382(15),
15.3971(1)(m), and
15.540(1)(d), shall consist of the minimum requirements established by this
subsection.
(a) Screening shall measure a
broad spectrum of abilities that are relevant to job related duties, including:
1. Cognitive abilities;
2. Personality characteristics; and
3. Related constructs, including:
a. Integrity; and
b. Conscientiousness.
(b) Screening shall contain a
minimum of two (2) independent and objectively scored psychometric measures
that shall be constructed and validated in accordance with the Standards for
Educational and Psychological Testing, American Educational Research
Association, American Psychological Association, National Council on
Measurement in Education, Joint Committee on Standards for Educational and
Psychological Testing, 2014.
(c)
1. Assessment results and predictions shall
include a recommendation and summary statement regarding the applicant's
overall suitability for employment as a peace officer, telecommunicator, or
court security officer;
2. The
summary statement shall classify applicants as:
a. Essentially suitable;
b. May be unsuitable; or
c. Borderline suitability; and
3. If an applicant is classified
as borderline suitability or may be unsuitable, the report shall contain
specific concerns and negative indicators for investigation and reconciliation
by the employing agency.
(d) Screening shall be administered in
accordance with the Standards for Educational and Psychological Testing,
American Educational Research Association, American Psychological Association,
National Council on Measurement in Education, Joint Committee on Standards for
Educational and Psychological Testing, 2014.
(4) Physical ability testing as specified in
KRS 15.382(16) shall consist of the minimum requirements established by this
subsection.
(a) Precertification status.
1. To obtain precertification status under
KRS 15.386(1), the applicant shall successfully complete each of the events in
the following order as instructed and evaluated by KLEC personnel who shall
administer the test in conformity with the KLEC Physical Fitness Testing
Protocols:
a. Bench press;
b. Sit-ups;
c. 300 meter run;
d. Push-ups; and
e. One and five-tenths (1.5) mile
run.
2. An applicant
shall pass the physical ability test for precertification status if he or she
achieves a cumulative score of fifty (50) points or more, based upon the
following scoring of the physical training events listed in subparagraph 1 of
this paragraph:
a. Bench press, based upon a
percentage of the recruit's body weight:
(i) 9
points - Recruit shall bench press at least fifty-five and three-tenths (55.3)
percent of body weight;
(ii) 9.5
points - Recruit shall bench press at least fifty-nine and seven-tenths (59.7)
percent of body weight;
(iii) 10
points - Recruit shall bench press at least sixty-four (64) percent of body
weight;
(iv) 10.5 points - Recruit
shall bench press at least sixty-eight and five-tenths (68.5) percent of body
weight; and
(v) 11 points - Recruit
shall bench press at least seventy-three (73) percent or more of body
weight;
b. Sit-ups:
(i) 9 points - Recruit shall complete at
least thirteen (13) repetitions in one (1) minute;
(ii) 9.5 points - Recruit shall complete at
least sixteen (16) repetitions in one (1) minute;
(iii) 10 points - Recruit shall complete at
least eighteen (18) repetitions in one (1) minute; and
(iv) 11 points - Recruit shall complete
nineteen (19) repetitions or more in one (1) minute;
c. 300 meter run:
(i) 9 points - Recruit shall complete in
sixty-eight (68) seconds or less;
(ii) 9.5 points - Recruit shall complete in
sixty-seven (67) seconds or less;
(iii) 10 points - Recruit shall complete in
sixty-five (65) seconds; and
(iv)
11 points - Recruit shall complete in less than sixty-five (65)
seconds;
d. Push-ups:
(i) 9 points - Recruit shall complete at
least fourteen (14) repetitions in two (2) minutes;
(ii) 9.5 points - Recruit shall complete at
least seventeen (17) repetitions in two (2) minutes;
(iii) 10 points - Recruit shall complete at
least twenty (20) repetitions in two (2) minutes;
(iv) 10.5 points - Recruit shall complete at
least twenty-three (23) repetitions in two (2) minutes; and
(v) 11 points - Recruit shall complete
twenty-five (25) repetitions or more in two (2) minutes; and
e. One and five-tenths (1.5) mile
run:
(i) 9 points - Recruit shall complete in
1,076 seconds (17:56) or less;
(ii)
9.5 points - Recruit shall complete in 1,054 seconds (17:34) or less;
(iii) 10 points - Recruit shall complete in
1,032 seconds (17:12) or less;
(iv)
10.5 points - Recruit shall complete in at least 1,004 seconds (16:44) or less;
and
(v) 11 points - Recruit shall
complete in 975 seconds (16:15) or less.
3. An applicant shall not be awarded more
than eleven (11) points in any one (1) of the five (5) physical ability
events.
4. An applicant shall fail
the physical ability test for precertification status if he or she does not
achieve:
a. A cumulative score of at least
fifty (50) points for all five (5) events; and
b. At least nine (9) points on each physical
training event.
5. At the
sole discretion of the hiring agency, an applicant who fails to meet the lowest
performance level in a test event, thus earning a zero point value for that
event, shall be granted a retest opportunity in that event without having to
retest in the other events for which a point value was obtained, subject to the
conditions established by this subparagraph.
a. A retest shall not be granted unless the
maximum value of eleven (11) points would allow the applicant to meet the
required cumulative fifty (50) point minimum.
b. A retest shall not occur any sooner than
forty-eight (48) hours or any later than sixty (60) days from the date of the
initial test attempt.
6.
If an applicant obtains a point value for each event, but does not obtain a
cumulative score of at least fifty (50) points, the applicant may attempt the
test battery again, in its entirety. This shall be considered a second test
administration and not a retest.
7.
An applicant may participate in the physical ability test for precertification
status in its entirety, four (4) times in a one (1) year period, which shall be
calculated from the first date of testing.
8. An applicant may participate in one (1)
physical ability retest for each physical ability test taken for
precertification status.
(b) Certification status.
1. To obtain certification status under
KRS 15.386(2), the applicant shall successfully complete each of the following
physical ability requirements within ten (10) days of graduation from law
enforcement basic training, which shall be administered in the same order and
in conformity with the KLEC Physical Fitness Testing Protocols:
a. Bench press. One (1) repetition of maximum
(RM) bench press equal to seventy-three (73) percent of the applicant's body
weight;
b. Sit-ups. Nineteen (19)
sit-ups in one (1) minute;
c. 300
meter run in less than sixty-five (65) seconds;
d. Push-ups. Twenty-five (25) push-ups;
and
e. One and five-tenths (1.5)
mile run in sixteen (16) minutes, fifteen (15) seconds.
2. If an applicant passes all events when
participating in the physical ability test in its entirety, the applicant shall
have met the physical ability minimum requirements for certification
status.
3. Retest. If an applicant
fails to pass all events when participating in the physical ability test for
certification status during the training graduation test:
a. The applicant shall not retest in the
failed events earlier than forty-eight (48) hours after the date the test is
originally administered;
b. All
failed events shall be retested on the same date; and
c. If the applicant passes all previously
failed events on the date of the retest, the applicant shall have met the
physical ability test requirements for certification status.
(5) Medical
screening as specified in
KRS 15.382(10) shall consist of the minimum
requirements established by this subsection.
(a) The applicant shall complete KLEC Form
G-2, Medical History Statement, which, along with KLEC Form G-3, Medical
Screening Guidelines Implementation Manual, shall be provided to the physician,
nurse practitioner, or physician's assistant, duly licensed to practice in the
Commonwealth of Kentucky, who shall examine the applicant in conformity with
the guidelines.
(b) The agency
shall provide the examining physician, nurse practitioner, or physician's
assistant with a copy of the KLEC Form T-1a, Physician's Medical Release
Form.
(c) The physician, nurse
practitioner, or physician's assistant shall complete KLEC Form G-1, Medical
Examination Report, and forward it to the employing agency.
(6) Drug screening as specified in
KRS 15.382(11),
15.3971(1)(j), and
15.540(1)(f) shall consist of the minimum
requirements established by this subsection.
(a) The applicant shall execute KLEC Form K-1
and submit a urine sample that shall be screened and if necessary confirmed
using the guidelines as outlined in the Mandatory Guidelines for Federal
Workplace Drug Testing Programs, 82 Fed. Reg.
7920-1 (Jan. 23, 2017). The
screening and confirmatory cutoff concentrations are as follows:
SCREENING
|
Marijuana metabolites
|
50 ng/mL
|
Cocaine metabolite (Benzoylecgonine)
|
150 ng/mL
|
Codeine / Morphine
|
2,000 ng/mL
|
Hydrocodone / Hydromorphone
|
300 ng/mL
|
Oxycodone / Oxymorphone
|
100 ng/mL
|
6-Acetylmorphine
|
10 ng/mL
|
Phencyclidine (PCP)
|
25 ng/mL
|
Amphetamine / Methamphetamine
|
500 ng/mL
|
MDMA / MDA
|
500 ng/mL
|
CONFIRMATION
|
THC/THCA
|
15 ng/mL
|
Benzoylecgonine
|
100 ng/mL
|
Codeine
|
2,000 ng/mL
|
Morphine
|
2,000 ng/mL
|
Hydrocodone
|
100 ng/mL
|
Hydromorphone
|
100 ng/mL
|
Oxycodone
|
100 ng/mL
|
Oxymorphone
|
100 ng/mL
|
6-Acetylmorphine
|
10 ng/mL
|
Phencyclidine (PCP)
|
25 ng/mL
|
Amphetamine
|
250 ng/mL
|
Methamphetamine
|
250 ng/mL
|
MDMA
|
250 ng/mL
|
MDA
|
250 ng/mL
|
(b) The
integrity of the urine sample shall be documented on KLEC Form K-2, Drug
Screening through Urinalysis Chain of Custody.
(7) For the polygraph examination as
specified in KRS 15.382(17), 15.3971(1)(n), and 15.540(1)(e), the applicant
shall complete KLEC Form I-1, Consent for Pre-employment Polygraph Examination,
and KLEC Form I-2, Pre-employment Polygraph Questionnaire, which shall be
provided to the polygraph examiner, duly licensed in the commonwealth of
Kentucky, who shall perform a polygraph examination of the applicant.
(8) The agency shall ensure that the
applicant receives and has read KLEC Form L-1, Code of Ethics and KLEC Form
L-2, Canon of Ethics.
(9) High
school diploma.
(a) The high school graduate
requirement of
KRS 15.382(3),
15.3971(1)(c), or
15.540(1)(b) shall be met by:
1. Submission of a copy of a diploma or
transcript from a public high school; or
2. Submission of a diploma or transcript from
a private high school that:
a. Is certified by
or recognized by the Kentucky Department of Education; or
b. Has complied with all provisions of
Kentucky law relating to private or other non-public secondary schools as
applicable, including days and hours of attendance and course curriculum. The
applicant shall also submit a completed Applicant Education Verification
form.
(b) A
document purporting to be a high school or college diploma and obtained through
the internet or by mail order shall not satisfy the requirement of KRS 15.382(3), 15.3971(1)(c), or 15.540(1)(b).
Section 5. KLEC Administered Testing
Procedures.
(1) An applicant shall execute all
releases required for KLEC testing, including:
(a) KLEC Form I-1 - Consent for
Pre-employment Polygraph Examination;
(b) KLEC Form K-1 - Drug Screening through
Urinalysis Applicant Consent Form;
(c) KLEC Form T-1 - Medical Release - Phase I
Testing; and
(d) KLEC Form T-2 -
Liability Waiver - Phase I Testing.
(2) Testing schedule.
(a) The KLEC office shall publish online or
otherwise make available to all law enforcement and telecommunications agencies
in the commonwealth a list of sites and dates for KLEC administered
testing.
(b) Testing sites shall be
statewide and accommodations shall be made where reasonable to ensure testing
sites are accessible based upon need.
(c) Advance notice of the schedule shall be
made public prior to the testing.
(d) The KLEC office shall reschedule testing
if cancellation is necessary due to inclement weather or other unforeseen
circumstances. Emergency testing shall be made available if possible at the
Department of Criminal Justice Training as needed.
(3) Registration for KLEC administered
testing. The KLEC office shall receive KLEC Form A from the employing agency at
least five (5) business days prior to testing.
(a) Applicants shall provide current
photographic identification when the testing is administered.
(b) The KLEC office shall receive the
completed polygraph questionnaire KLEC Form I-2 when the testing is
administered.
Section
6. Test Reporting by KLEC.
(1)
Results of tests provided by or through the KLEC office shall be forwarded to
the employing agency head.
(2) The
agency shall certify that the applicant has met all suitability requirements by
submitting KLEC Form D. The information from the completed form shall be
provided to DOCJT for Kentucky Law Enforcement Foundation Program Fund and
training authorization purposes.
(3) Length of test result validity.
(a) Physical ability for precertification
status results shall be considered current and valid one (1) year from the
passing date of the test.
(b)
Suitability screening results shall be considered current and valid for one (1)
year from the date of the screening. If the applicant experiences a significant
life change during the one (1) year period, for example, a divorce or the death
of a close family member or friend, the applicant shall notify the employing
agency who shall schedule a new suitability screening for the
applicant.
(c) Polygraph
examination results shall be considered current and valid for a period of one
(1) year from the date of the examination. If the applicant experiences a
significant life change during the one (1) year period, for example, a divorce
or the death of a close family member or friend, the applicant shall notify the
employing agency who shall schedule a new polygraph examination for the
applicant.
(d) Drug screening
results shall be considered current and valid only for the agency that
requested or performed the test and only during that employment process. An
applicant who leaves and reenters the testing process for preselection
screening shall submit to another drug screening.
(4) Updating test results. The employing
agency shall update test results if necessary by submitting KLEC Form D to the
KLEC office.
(5) Agency access to
prior test results.
(a) It shall be at the
applicant and individual agency's discretion to allow another employing agency
access and use of the initial agency's certification testing, which is still
current and valid.
(b) If agencies
enter into an agreement with the written permission of the applicant, the new
employing agency shall receive the medical, suitability, and polygraph results
directly from the agency that initially requested testing of the
applicant.
(c) Costs incurred for
duplicate KLEC test results shall be the responsibility of the agency obtaining
the results.
Section
7. Test Reporting by Agency.
(1)
An agency that performs physical ability testing based upon the requirements in
Section 4 of this administrative regulation shall report all test results by
submitting a POPS Form PT-1, Physical Agility Test Session Report, to the KLEC
within ten (10) days of administering the test.
(2) An agency that performs physical ability
testing based upon its own validated job task analysis in accordance with KRS 15.382(16), shall report the test results of every applicant tested in writing
to the KLEC office within ten (10) days of administering the test.
(3) Physical ability test results shall be
reported to the KLEC office regardless of whether the applicant:
(a) Passes or fails the test; or
(b) Performs or completes every component of
the physical ability test.
Section 8. KLEC Administered Testing Costs.
(1) The employing agency shall reimburse KLEC
within sixty (60) days of receipt of the invoice for the cost of KLEC
administered testing provided at the agency's request as follows:
(a) Sixty-five (65) dollars for each
psychological screening;
(b) $100
for each polygraph examination; and
(c) Sixteen (16) dollars for each drug
screening.
(2) If an
agency has scheduled KLEC testing for an applicant who fails to appear or
complete the testing, the agency shall be responsible for fifty (50) percent of
the cost of the test had it been completed.
(3) Financial hardship.
(a) Application. An employing agency may
apply for a waiver of costs for KLEC testing pursuant to
KRS 15.384(1) by
demonstrating undue financial hardship. The agency shall submit to the KLEC
office:
1. The actual approved budget of the
governmental unit for the current and the preceding year;
2. The number of certification applicants for
the current and preceding year;
3.
The actual revenue receipts of the governmental unit for the current and the
preceding year; and
4. A detailed
explanation of why the governmental unit cannot meet the cost of providing the
testing, including the reason that adequate funding was not budgeted to cover
the cost of testing.
(b)
Initial review. Within five (5) business days of receipt of the application,
the KLEC office shall mail a notification to the agency that:
1. The application has been received and is
complete; or
2. The application is
incomplete and shall identify the specific information to be supplemented to
process the application. The KLEC office shall receive the necessary
information within ten (10) business days of the agency's receipt of the notice
of insufficiency. If the agency fails to submit the supplementary information
within the specified time period, the application shall be considered abandoned
and the agency shall resubmit an application for financial hardship.
(c) Recommendation. Within thirty
(30) days of their receipt of the completed application, the KLEC office shall
forward the application to KLEC along with a recommendation to approve or
reject the application for financial hardship and the specific reasons
supporting a recommendation to reject.
(d) KLEC review.
1. The KLEC Committee on Professional
Standards shall review the application and the recommendation of the KLEC
office and forward their recommendation to KLEC for final review.
2. Within sixty (60) days of their receipt of
the application, KLEC shall issue written notice to the agency indicating
whether the application has been approved or rejected and shall provide the
specific reasons supporting the rejection.
(e) Appeal.
1. An agency may appeal a decision made by
KLEC to reject an agency's application for financial hardship by filing a
written notice of appeal to the Secretary of the Justice and Public Safety
Cabinet.
2. The notice shall be
filed within thirty (30) days of receipt of the notice of rejection.
3. The notice of appeal shall be submitted in
writing with a copy of the notice of rejection of financial hardship
attached.
4. A copy of the notice
of appeal shall be delivered to the KLEC office by certified mail.
5. The Secretary of the Justice and Public
Safety Cabinet shall render an opinion within sixty (60) days of receipt of the
notice of appeal.
(4) If an agency knowingly employs or
appoints a person who fails to meet minimum certification standards pursuant to
KRS 15.396(1) the KLEC office shall immediately notify DOCJT.
Section 9. Employment Changes.
(1) Pursuant to KRS 15.392 and 15.580 if a
certified peace officer, telecommunicator, or court security officer leaves an
agency, the agency shall submit KLEC Form F.
(2) If the peace officer, telecommunicator,
or court security officer is reemployed by another agency the employing agency
shall submit KLEC Form F within five (5) business days of the employment or
appointment. Additionally, the agency shall submit KLEC Form D-1 for returning
peace officers or court security officers.
(3) Information from completed KLEC Forms F
shall be provided to DOCJT for Kentucky Law Enforcement Foundation Program Fund
and training authorization purposes.
Section 10. Out-of-state, Military, and
Federal Law Enforcement and Telecommunications Basic Training.
(1) An applicant to a Kentucky law
enforcement or telecommunications agency who has graduated from a basic
training course or academy in another state may be certified by the KLEC if:
(a) The basic training course or academy was
equal to or exceeded the course content and number of hours required for
Kentucky peace officers, telecommunicators, or court security officers when the
course was completed by the applicant, as determined by the executive director
of the Office of Kentucky Law Enforcement Support;
(b) The basic training course or academy is a
single, stand-alone course;
(c) The
peace officer, telecommunicator, or court security officer has been employed in
a full-time capacity in the state of graduation for a period of at least one
(1) year before applying with the Kentucky agency; and
(d) The peace officer completes the following
courses presented by the Department of Criminal Justice Training within one (1)
year of his or her hiring by the Kentucky law enforcement agency. For purposes
of meeting the hourly requirement in paragraph (a) of this subsection, the
number of hours of these courses shall be added to the number of hours taken in
the out-of-state basic training course:
1. The
twenty-four (24) hour legal update Penal Code course;
2. The sixteen (16) hour legal update
constitutional procedure course;
3.
On-line Federal Emergency Management Agency ICS 100, ICS 200, and IS 700
courses (or current equivalent). A Certificate of Completion or official
transcript shall satisfy this requirement; and
4. One (1) of the following forty (40) hour
courses which is most appropriate for the officer's duty assignment:
a. Basic officer skills;
b. Orientation for new police chiefs;
or
c. Mandatory duties of the
sheriff.
(2) An applicant to a Kentucky law
enforcement agency who has graduated from a basic training course or academy in
another state may be certified by the KLEC if:
(a) The basic training course or academy was
at least 300 hours, but less than the number of hours required for Kentucky
peace officers;
(b) The peace
officer has been employed in a full-time capacity as a peace officer for three
(3) or more years with at least one (1) year in the state in which he or she
completed his or her basic training course or academy;
(c) The basic training course or academy is a
single, stand-alone course; and
(d)
The peace officer completes the courses as required in subsection (1)(d) of
this section with the number of hours of these courses added to the number of
hours taken in the out-of-state basic training course in pargraph (a) of this
subsection.
(3) An
applicant to a Kentucky law enforcement or telecommunications agency who has
graduated from a law enforcement or telecommunications basic training course or
academy while serving in the United States military may be certified by the
KLEC if:
(a)
1. The basic training course or academy
corresponded with or exceeded the course content and number of hours required
for Kentucky peace officers, telecommunicators, or court security officers at
the time the course was completed by the applicant, as determined by the
Executive Director of the Office of Kentucky Law Enforcement Support;
or
2. The basic training course or
academy did not correspond with or exceed the course content and number of
hours required for Kentucky peace officers, telecommunicators, or court
security officers at the time the course was completed by the applicant, a
basic training credit of fifty (50) hours for each year of his or her full-time
peace officer service together with the basic training course hours shall be
granted to allow compliance with the total hours required by
KRS 15.440,
503 KAR 1:110, or another administrative regulation modifying the hours;
and
(b) The basic
training course or academy was a single, stand-alone course.
(4) An applicant to a Kentucky law
enforcement agency who has graduated from one (1) of the following Federal law
enforcement basic training courses may be certified by the KLEC:
(a) Federal Bureau of
Investigation;
(b) Bureau of
Alcohol, Tobacco, and Firearms;
(c)
Drug Enforcement Administration; or
(d) United States Secret Service.
(5) The KLEC shall not approve a
basic training course or academy that consists of two (2) or more courses added
together to meet the minimum number of basic training hours for a Kentucky
peace officer, telecommunicator, or court security officer.
(6) An agency may request certification for a
peace officer who has completed an out-of-state law enforcement basic training
by submitting for the applicant:
(a) A
certificate of completion or other official documentation showing completion of
basic training;
(b) A transcript of
classes for basic training with individual class hours specified; and
(c) A letter from an employing agency signed
by the chief or a direct supervisor of the applicant certifying, or other
official documentation showing, that the applicant was employed in a full-time
capacity as a peace officer for:
1. At least
one (1) year; or
2. Three (3) or
more years with at least one (1) year in the state in which he or she completed
his or her basic training course or academy.
(7) An applicant to a Kentucky law
enforcement or telecommunications agency seeking certification under this
section shall not be certified unless he or she has worked in a full-time
capacity as a peace officer within five (5) years of applying for certification
in Kentucky.
Section 11.
Records.
(1) Records retention. The KLEC
office shall retain all certification records in electronic or original medium
consistent with the records retention schedule established by the Kentucky
Department of Library and Archives, pursuant to
725 KAR 1:030.
(2) Security. The KLEC office and employing
agencies shall maintain records in a manner to ensure their security. To
properly maintain the confidentiality of certification records as required by
KRS 15.400(3) and 15.540(2), a law enforcement or telecommunications agency
shall keep all records relating to certification in a file separate from any
personnel file maintained by the hiring authority.
(3) For KLEC audit purposes, an agency that
has a separate human resources or personnel department may complete and
maintain in the agency file a KLEC FORM POPS P, Certification of Peace Officer
Professional Standards Testing Procedures, KLEC Form Q-3 - Drug Screening
Approval, KLEC Form Q-4 - Polygraph Approval, and KLEC Form Q-5 - Suitability
Screener Approval, indicating that the following testing procedures have been
completed:
(a) Polygraph;
(b) Suitability screening;
(c) Drug screen; and
(d) Medical examination or history
statement.
(4) Agencies
shall retain all documentation pertaining to certification for five (5) years
following the cessation of certification of the peace officer,
telecommunicator, or court security officer regardless of where the certified
peace officer, telecommunicator, or court security officer is employed in the
commonwealth.
(5) An agency that
knowingly discloses confidential information in violation of KRS 15.400(3) and
15.540(2) may be denied participation in KLEC polygraph examinations and
psychological examinations.
Section
12. Applicant Conduct and Behavior.
(1) An applicant who has engaged in behavior
constituting dishonesty, cheating, falsification of documents, or any other
fraudulent behavior for the purpose of wrongfully receiving certification shall
be removed from the testing process and, subject to an administrative hearing
in accordance with KRS Chapter 13B, may be barred from further consideration
for certification.
(2) Use of
alcohol or other intoxicants.
(a) An applicant
shall not possess, consume, or be under the influence of alcoholic beverages,
controlled substances, or other intoxicating substances not therapeutically
prescribed by a physician while participating in the testing process.
(b) An applicant shall advise the KLEC test
administrator in writing of the use of a controlled substance or medication
whether or not it has been prescribed by a physician.
(c) An applicant shall not participate in
physical ability testing if:
1. The applicant
has taken:
a. A controlled substance as
prescribed by a physician; or
b.
Any other medication, whether prescribed or not; and
2. The applicant is under the influence of
the controlled substance or medication to the extent that the applicant may be
impaired or is a danger to self or others.
(3) Termination of a dangerous or disruptive
situation. If the conduct or condition of an applicant constitutes an immediate
danger or an immediate threat of danger to self or others, or is disruptive of
testing, or is an immediate threat to be disruptive of testing, a KLEC staff
member may take all reasonable steps necessary to terminate the situation,
including removal of the applicant from testing.
(4) The KLEC shall notify the applicant and
the employing agency within five (5) days following the removal stating that
the applicant has been removed or barred from testing. The notice shall state
the supporting reasons and circumstances of the removal and whether the agency
may reschedule testing.
Section
13. Compliance.
(1) Inspection.
Test results, testing procedures, and all other certification documentation
shall be retained by the agency and be available for inspection and audit at
any time by agents authorized by KLEC.
(2) KLEC may initiate an inspection and audit
of an agency's certification documentation randomly to assure routine
compliance or to investigate a specific complaint.
(3) KLEC shall have access to the services of
the DOCJT Compliance and Audit Section, as coordinated through the DOCJT
Commissioner, to audit specific applicants and agencies to ensure compliance
with certification requirements.
(4) If during the course of an audit
conducted by the DOCJT Compliance and Audit Section a violation of
certification is detected, the DOCJT Compliance and Audit Section shall report
the possible violation to KLEC.
(5)
Denial of participation in Kentucky Law Enforcement Foundation Program Fund
(KLEFPF). If KLEC determines that an agency has knowingly employed or appointed
a person who fails to meet minimum certification standards, KLEC shall
immediately notify the administrator of KLEFPF.
Section 14. Issuance of Certification. All
identification cards issued to a peace officer, telecommunicator, or court
security officer verifying certification remain the property of KLEC and shall
be returned to the KLEC office upon loss of certification.
Section 15. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "Standards for Educational and
Psychological Testing", American Educational Research Association, American
Psychological Association, National Council on Measurement in Education, Joint
Committee on Standards for Educational and Psychological Testing,
2014;
(b) "KLEC Form A - Testing
Registration - Attesting to Minimum Standards", 2023;
(c) "KLEC Form C - Grandfather Information",
2021;
(d) "KLEC Form D - All
Standards Met", 2023;
(e) "KLEC
Form D-1 - All Standards Met - Inactive to Active Status", October
2022;
(f) "KLEC Form E - Request
for Certification for Exempt Officers", March 1, 1999;
(g) "KLEC Form F - Status Update",
2021;
(h) "KLEC Form G-1 - Medical
Examination Report", 2021;
(i)
"KLEC Form G-2 - Medical History Statement", 2021;
(j) "KLEC Form G-3 - Medical Screening
Guidelines Implementation Manual", 2021;
(k) "KLEC Form H-1 - Background
Investigation", 2021;
(l) "KLEC
Form I-1 - Consent for Pre-employment Polygraph Examination", 2021;
(m) "KLEC Form I-2 - Pre-employment Polygraph
Questionnaire", 2021;
(n) "KLEC
Form J - JTA Submission", January 19, 1999;
(o) "KLEC Form K-1 - Drug Screening Through
Urinalysis Applicant Consent Form", 2021;
(p) "KLEC Form K-2 - Drug Screening Through
Urinalysis Chain of Custody Form", 2021;
(q) "KLEC Form L-1 - Code of Ethics",
2021;
(r) "KLEC Form L-2 - Canon of
Ethics", 2021;
(s) "KLEC Form Q -
Agency Submission Form", 2021;
(t)
"KLEC Form Q-3 - Drug Screening Approval", 2021;
(u) "KLEC Form Q-4 - Polygraph Approval",
2021;
(v) "KLEC Form Q-5 -
Suitability Screener Approval", 2021;
(w) "KLEC Form tele-Q - Agency Submission
Form", 2021;
(x) "KLEC Form T-1 -
Medical Release - Phase I Testing", 2021;
(y) "KLEC Form T-1a - Physician's Medical
Release Form", 2021;
(z) "KLEC Form
T-2 - Liability Waiver - Phase I Testing", 2021;
(aa) "POPS Form PT-1 - Physical Agility Test
Session Report", 2021;
(bb) "POPS
Form P - Certification of Peace Officer Professional Standards Testing
Procedures", July 2004;
(cc) "KLEC
Physical Fitness Testing Protocols", 2021; and
(dd) "KLEC Education Form - Applicant
Education Verification", 2021.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at Kentucky Law Enforcement
Council, 4449 Kit Carson Drive, Richmond, Kentucky 40475-3102, Monday through
Friday, 8 a.m. to 4:30 p.m. This material is also available on the council's
Web site at
https://klecs.ky.gov/.