RELATES TO:
KRS
15.340
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
15.340 authorizes the Department of Criminal
Justice Training to determine whether certain persons to whom it offers
training or agencies employing such persons must bear any or all costs of
training. This administrative regulation prescribes training charges and
identifies those who shall pay for training.
Section 1. Definition. "Eligible category"
means :
(1) City police departments;
(2) County police departments;
(3) Urban-county police
departments;
(4) Public airport
authority police departments established pursuant to
KRS
183.880;
(5) Department of Kentucky State
Police;
(6) State or public
university departments of safety established pursuant to
KRS
164.950;
(7) Local boards of education employing
school resource officers who are special law enforcement officers appointed
pursuant to
KRS
61.902;
(8) Sheriffs' departments, except for those
deputy sheriffs identified in
KRS 70.045 and
70.263(3);
(9) Constables;
(10) Coroners;
(11) Department of Alcoholic Beverage
Control, limited to field representatives and investigators appointed pursuant
to
KRS
241.090;
(12) Department of Insurance - Division of
Insurance Fraud Investigation, limited to insurance fraud investigators
appointed pursuant to
KRS
304.47-040;
(13) State agencies that have adopted
certification pursuant to
KRS
15.380(2), limited to those
peace officers for whom the certification requirements of
KRS
15.380 to
15.402
have been incorporated into their job specifications;
(14) Officers who are certified by the
Kentucky Law Enforcement Council pursuant to
KRS
15.380(4) or (5), and are
presently employed in the capacity for which certification was
obtained;
(15) Persons
participating in courses offered under the Law Enforcement Professional
Development and Wellness Program pursuant to
KRS
15.518.
Section 2. Basic Training. While
participating in a basic training course conducted by the department, persons
employed as sworn law enforcement officers in an eligible category shall be
eligible to receive free tuition, housing at facilities to be provided by the
department, and meals, not to exceed the amounts established in Section 7 of
this administrative regulation.
Section
3. In-service Training.
(1)
Persons employed in an eligible category, whether sworn or unsworn, while
participating in in-service training courses conducted by the department shall
be eligible for free tuition, limited to a maximum of eighty (80) hours during
a calendar year.
(2) If a person
has accumulated fewer than eighty (80) hours of in-service training at the time
of registration for an additional in-service training course, and subsequently
completes the course, which brings the in-service training total to more than
eighty (80) hours, the person shall not be required to pay fees for the
training which exceeds eighty (80) hours.
Section 4. Telecommunications. Persons
employed in an eligible category to dispatch law enforcement units by means of
radio communications or to operate teleprocessing equipment associated with the
Law Information Network of Kentucky (LINK), shall be eligible to receive:
(1) Free tuition, housing at facilities to be
provided by the department, and meals, not to exceed the amounts established in
Section 7 of this administrative regulation, while participating in the
Telecommunications Academy conducted by the department; and
(2) Free tuition while participating in other
telecommunications courses conducted by the department, limited to a maximum of
eighty (80) hours during a calendar year. When calculating the maximum number
of free training hours to which the person is eligible:
(a) The hours associated with the
Telecommunications Academy, telecommunications basic course, CJIS - full access
course, or CJIS - inquiry only course shall not be added;
(b) The hours associated with a
telecommunications course that is substituted for a failed telecommunications
course, shall not be added; and
(c)
If a person has accumulated fewer than eighty (80) hours of telecommunications
training at the time of registration for an additional telecommunications
course, and subsequently completes the course, which brings the
telecommunications training total to more than eighty (80) hours, the person
shall not be required to pay fees for the training which exceeds eighty (80)
hours.
Section
5. Fees in Reciprocation. If an agency or person has provided
training services to the department, the commissioner may waive some or all
fees for training provided by the department when requested by the agency or
person. The commissioner shall advise in writing, prior to the start date of
the requested training, of the specific training which shall be provided and
the fees which shall be waived. The waiver of fees shall be limited to the
terms as described in writing by the commissioner.
Section 6. Payment of Fees Required.
(1) The enrolling agency of a person who is
not eligible for free fees as determined in Sections 2 through 5 of this
administrative regulation, shall be required to pay all applicable fees as
established in Section 7 of this administrative regulation.
(2) A person who repeats a training course
conducted by the department, within three (3) years from the start date of the
original course, whether the first course was passed or failed, shall be
required to pay all applicable fees as established in Section 7 of this
administrative regulation for the repeated course. A training course that is
substituted for a failed training course shall be considered retraining, for
which all applicable fees shall be paid.
(3) If a person participates in a training
course, for which it is determined prior to participation that fees are
required, but fails the course, full fees shall be due.
(4) If a person participates in a training
course, for which it is determined prior to participation that fees are
required, but withdraws from training for reasons other than those which
constitute extenuating circumstances, as defined in
503
KAR 1:110 or
503
KAR 5:090, training fees shall be assessed based upon
the training which was received. If payment has been received by the
department, the person, or the agency responsible for the payment of training
fees, shall be reimbursed the amount in excess of the actual training fees
which were incurred.
(5) If a
person exits a course owing fees, he or she shall not be allowed to return to
the same or a substitute course until the outstanding course balance is paid in
full.
(6) Fees may be required as a
result of a disciplinary suspension or expulsion, pursuant to
503
KAR 3:010, which are made part of the commissioner's
final order.
Section 7.
Fees.
(1) Tuition per person shall be:
(a) $600 per week.
(b) $120 per day for training of less than
one (1) week.
(c) $120 for training
which involves more than four (4) hours but less than eight (8)
hours.
(d) Sixty (60) dollars for
training which involves less than four (4) hours.
(2) Housing charges per person, for
accommodations provided by the department, shall be:
(a) Seventy-five (75) dollars per five (5)
day training week, which shall include Sunday night through Thursday night;
or
(b) Fifteen (15) dollars per
day.
(3) Meals. A person
in an eligible category shall be allotted a meal allowance for breakfast,
lunch, and dinner on Monday through Friday of each training week. The meal
allowance for each training session shall be based upon the actual meal costs
as determined by the department.
Section 8. Procedures.
(1) When an enrolling agency is required to
pay fees for training, the authorized agency head shall be responsible for
payment of fees.
(2) Payment of
required fees for training shall be made prior to the start date of the course.
If payment is not received by the department prior to the start date of the
course, the person shall be ineligible to participate in the course.
(3) Payments shall be made by a check from
the employing agency, or cashier's check from the person, payable to the
Kentucky State Treasurer.