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PA Bulletin, Doc. No. 03-397

PROPOSED RULEMAKING

MUNICIPAL POLICE OFFICERS' EDUCATION AND TRAINING COMMISSION

[37 PA. CODE CH. 203]

Administration of the Training Program

[33 Pa.B. 1246]

   The Municipal Police Officers' Education and Training Commission (Commission) proposes to amend Chapter 203 (relating to administration of the program) to read as set forth in Annex A.

   The Commission proposes to amend § 203.11(a)(5) and (8) (relating to qualifications) to include a ninth grade reading requirement and a physical fitness evaluation.

   The Commission proposes to amend § 203.12(4) (relating to waiver of training) to limit a waiver candidate to three attempts at passing the Commission's certification examination. After the third failure, the candidate shall retake and pass the entire basic training course before being eligible for certification. This proposed amendment will ensure that a waiver candidate has current training by limiting the amount of times that the certification examination can be taken.

   The Commission proposes to amend § 203.33(a)(14) (relating to minimum school standards and requirements) to allow certified schools to use indoor ranges and to insure that the ranges be able to handle the required training.

   The Commission also proposes to amend § 203.54 (relating to Commission cheating policy) to define and clarify the acts that will constitute cheating and to make clear that anyone found guilty of cheating will be ineligible for certification.

   The purpose of the proposed rulemaking is to clarify and correct various aspects of the existing regulations.

Statutory Authority

   The rulemaking is proposed under 53 Pa.C.S. § 2164 (1), (8) and (14) (relating to duties and powers of commission).

Effect

   The proposed rulemaking will primarily affect recruits. Recruits will have to pass a physical fitness assessment and pass a ninth grade reading test before they can become eligible for training.

   The proposed rulemaking will impact those persons seeking waivers of training, since they will have only three opportunities to successfully pass the certification examination. After the third failure, the waiver candidate shall retake and pass the basic training course to become eligible for certification.

   Both recruits and veteran police officers will be affected by the new cheating policy. The impact of the new cheating policy is to put individuals and schools on notice as to what will be considered cheating on an official Commission sponsored examination. This proposed rulemaking will allow the schools and the students to more readily detect and curb cheating and it establishes a more uniform policy.

   Allowing certified schools to use indoor ranges will offer more flexibility to the schools. However, the indoor and outdoor ranges must be able to safely accommodate all of the required training.

Effective Date/Sunset Date

   The proposed rulemaking will be effective immediately upon final-form adoption. The regulations are continually monitored and updated as needed. Therefore, no sunset date has been set.

Regulatory Review

   Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on February 24, 2003, the Commission submitted a copy of this proposed rulemaking to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House Judiciary Committee and the Senate Law and Justice Committee. In addition to submitting the proposed rulemaking, the Commission has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the Commission. A copy of this material is available to the public upon request.

   Under section 5(g) of the Regulatory Review Act, if IRRC has objections to any portion of the proposed rulemaking, it will notify the Commission within 30 days of the close of the public comment period. The notification shall specify the regulatory review criteria that have not been met by the portion of the proposed rulemaking to which an objection is made. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the State Police, the General Assembly and the Governor of objections raised.

Contact Person/Public Comment

   Interested persons wishing to comment are invited to submit written comments within 30 days of the publication of this proposed rulemaking in the Pennsylvania Bulletin. Written comments must include the name, address and telephone number of the interested party and a concise statement with sufficient detail on the subject. Written statements may be directed to Major Richard C. Mooney, Executive Director, Municipal Police Officers' Education and Training Commission, 75 East Derry Road, Hershey, PA 17033, (717) 533-5987, Ext. 205. Persons with a disability who require an alternative format of this document (for example, large print, audio tape or Braille), should contact Major Mooney to make the necessary arrangements.

COLONEL PAUL J. EVANKO,   
Chairperson

   Fiscal Note:  17-63. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 37.  LAW

PART IV.  MUNICIPAL POLICE OFFICERS' EDUCATION AND TRAINING COMMISSION

Subpart A.  MUNICIPAL POLICE OFFICERS' TRAINING PROGRAM

CHAPTER 203.  ADMINISTRATION OF THE PROGRAM

Subchapter B.  POLICE OFFICER CERTIFICATION REQUIREMENTS

§ 203.11.  Qualifications.

   (a)  Except as provided in subsection (b), persons who are to be employed as police officers by police departments within this Commonwealth from December 21, 1996, shall:

*      *      *      *      *

   (5)  Be able to read at no less than the ninth grade level, as established through the administration of the Nelson-Denny Reading Test.

   (6)  * * *

*      *      *      *      *

   [(6)]  (7)  * * *

*      *      *      *      *

   (8)  Be evaluated to determine physical fitness using the standards developed by the Cooper Institute for Aerobics Research in Dallas, Texas. Each applicant shall score no lower than the 30th percentile of the Cooper standards, which coincides with the 30th percentile of the general population, in each of the five required evaluations to be eligible for employment. A person will not be enrolled in a recruit training program at a police academy certified by the Commission unless the person has obtained a score in the 30th percentile or higher for the person's age and gender as specified in the Cooper standards for each of the five evaluations. The five required evaluations are as follows:

   (i)  1.5 mile run.

   (ii)  300 meter run.

   (iii)  One repetition bench press.

   (iv)  One minute sit ups.

   (v)  Sit and reach.

   [(7)]  (9)  * * *

   [(8)]  (10)  * * *

*      *      *      *      *

   [(9)]  (11)  * * *

*      *      *      *      *

§ 203.12.  Waiver of training.

   Applications for certification for which waivers of training are requested shall be submitted by the applicant's employing police department. An applicant for a waiver of training shall:

*      *      *      *      *

   (4)  Take a certification examination administered by the Commission at a location and time designated by the Commission. The schedule for the examinations may be obtained by writing the Commission office.

   (i)  [The examination will be comprised of sections which shall coincide with each major topic in the basic training curriculum, but shall exclude those topics which can be proficiency tested only. See paragraph (3).

   (ii)]  The minimum passing score [for each tested section] will be established by the Commission. The Commission will publish a notice in the Pennsylvania Bulletin and in the Commission newsletter whenever the minimum passing score [for each tested section] changes.

   [(A)] (ii)  An applicant for a waiver of training [who does not achieve a passing score in a tested area shall take the basic police training course corresponding to the failed examination section at a school certified by the Commission, in order to be permitted to retake the certification examination] shall be permitted to take the certification examination a maximum of three times and only once in any day.

   [(B)] (iii)  Applicants will not be certified without obtaining a passing score on the certification examination. Failure to pass the certification examination after three attempts shall result in the applicant being required to take and pass the entire basic training course to qualify for certification.

   [(iii)] (iv)  * * *

Subchapter C.  SCHOOL REQUIREMENTS

§ 203.33.  Minimum school standards and requirements.

   (a)  Schools shall initially meet and subsequently maintain the following standards:

*      *      *      *      *

   (14)  An approved [type of outdoor] firing range shall be available to the school and used for firearms training. The range does not have to be part of the school facilities[; however, it shall have at least ten firing points with a minimum firing distance of 50 yards. The range] but shall be within a reasonable traveling distance from the school. The range shall be able to accommodate the requirements of the firearms training curriculum. The range shall present no apparent danger to the public as determined by the Commission inspector.

*      *      *      *      *

Subchapter D.  COURSE REQUIREMENTS

§ 203.54.  Commission cheating policy.

   (a)  The contents of all examinations are confidential. An individual [observed cheating] may not cheat or tamper in any manner with an official examination either conducted or sponsored by the Commission by obtaining, furnishing, accepting, or attempting to obtain, furnish or accept answers or questions to examinations, or portions thereof. Individuals may not copy, photograph or otherwise remove examination contents; nor may they use any misrepresentation or dishonest method while preparing, administering or participating in examinations. Unauthorized possession of a test, examination, quiz or a questions, answers or answer keys relating to a test, examination or quiz shall constitute cheating. An individual violating this section shall be barred from further participation in any Commission-required training and ineligible for certification. Individuals will receive notice and have an opportunity to be heard under Subchapter G (relating to notice and hearings).

*      *      *      *      *

[Pa.B. Doc. No. 03-397. Filed for public inspection March 7, 2003, 9:00 a.m.]



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