Ga. Comp. R. & Regs. Dept. 464 | Ga. Comp. R. & Regs. Department 464 — Georgia Peace Officer Standards and Training Council

Chapter 464-1 Organization

Ga. Comp. R. & Regs. r. 464-1-.01 Administration of Council

All rules and regulations of the Georgia Peace Officer Standards and Training Council shall be administered by the Executive Director of the Georgia Peace Officer Standards and Training Council whose current physical address is 5000 Austell - Powder Springs Road, Suite 261, Austell, Georgia, 30106. The current mailing address is P.O. Box 349, Clarkdale, Georgia, 30111. Telephone contact may be made by calling (770) 732-5974.

History

Authority: O.C.G.A. Sec. 35-8-7
History. Original Rule entitled "Organization" adopted. F. Feb. 12, 1971; eff. Mar. 4, 1971.
Repealed: New Rule entitled "Existence of Council, Membership, Qualification, Appointment, Terms" adopted. F. Sept. 2, 1975; eff. Sept. 22, 1975.
Amended: F. July 6, 1976; eff. July 26, 1976.
Amended: F. Oct. 12, 1976; eff. Nov. 1, 1976.
Repealed: New Rule entitled "Administration of Council" adopted. F. July 7, 1978; eff. July 27, 1978.
Amended: F. July 5, 1991; eff. July 25, 1991.
Repealed: New Rule of same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.
Amended: F. Sept. 27, 2004; eff. Oct. 17, 2004.
Amended: F. Dec. 18, 2007; eff. Jan. 7, 2008.

Ga. Comp. R. & Regs. r. 464-1-.02 Membership Terms

The Georgia Peace Officer Standards and Training Council shall consist of twenty-two (22) voting members and five (5) advisory members. Voting members and advisory members shall serve as dictated by O.C.G.A. § 35-8-3.

(a)

The following eleven (11) members shall be ex officio members of the council, as full voting members by reason of their office:

1. An appointee of the Governor who is not the Attorney General;

2. The Commissioner of the Department of Public Safety of his/ her designee;

3. The President of the Association of Chiefs of Police or his/her designee;

4. The President of the Georgia Sheriffs' Association or his/her designee;

5. The President of the Georgia Municipal Association or his/her designee;

6. The President of the Association County Commissioners of Georgia or his/her designee;

7. The President of the Peace Officers' Association of Georgia or his/her designee;

8. The Commissioner of the Department of Corrections or his/her designee;

9. The Chairman of the State Board of Pardons and Paroles or his/her designee;

10. The President of the Georgia Prison Wardens' Association or his/her designee;

11. The Director of Investigations of the Georgia Bureau of Investigation or his/her designee;

(b)

Six (6) members shall be appointed by the Governor for terms of four years, their initial appointments. Appointments shall be made so that there are always on the Council the following persons:

1. One chief of police;

2. Two municipal police officers other than a chief of police;

3. One county sheriff;

4. One city manager or mayor;

5. One county commissioner;

6. No person shall serve beyond the time he/she holds the office or employment by reason which he/she was initially eligible for appointment. Vacancies shall be filled in the same manner as the original appointment and successors shall serve for the unexpired term. Any member may be appointed for additional terms.

(c)

Two (2) members who are peace officers shall be appointed by the Governor for terms of four (4) years:

1. Neither person shall serve beyond the time he/she is actively employed or serves as a peace officer. Vacancies shall be filled in the same manner as the original appointment, and successors shall serve for the unexpired term.

(d) Five (5) Advisory members appointed by the Council shall serve on the Council in an advisory capacity only without voting privileges;

(e) Membership on the Council does not constitute public office and no member shall be disqualified from holding public office by reason of membership.

(f) The Chairman of the Council may appoint additional advisory board members based on areas of expertise in order to meet the objectives of the Council. Such additional advisory members shall serve in an advisory capacity only, without voting privileges; without compensation; and shall serve at the discretion of the Chairman.

(g) Unexcused absence of an advisory board member on two (2) or more occasions during the calendar year shall be cause for removal.

History

Authority: O.C.G.A. § 35-8-3
History. Original Rule entitled "General Definitions" adopted. F. Feb. 12, 1971; eff. Mar. 4, 1971.
Repealed: New Rule entitled "Incidents of Membership" adopted. F. Sept. 2, 1975; eff. Sept. 22, 1975.
Repealed: New Rule entitled "Membership; Terms" adopted. F. July 7, 1978; eff. July 27, 1978.
Amended: F. Mar. 13, 1985; eff. Apr. 2, 1985.
Amended: F. July 5, 1991; eff. July 25, 1991.
Repealed: New Rule of same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.
Amended: F. Sept. 27, 2004; eff. Oct. 17, 2004.
Amended: New title, "Membership Terms." F. Mar. 24, 2026; eff. Apr. 13, 2026.

Ga. Comp. R. & Regs. r. 464-1-.03 Election of Officers

Officers of the Georgia Peace Officer Standards and Training Council shall be elected from a majority of a quorum of the voting members of the Council.

History

Authority: O.C.G.A. Secs. 35-8-4, 35-8-7
History. Original Rule entitled "Petition for Adoption of Rules" adopted. F. Feb. 12, 1971; eff. Mar. 4, 1971.
Repealed: New Rule entitled "Officers, Terms, Quorom" adopted. F. Sept. 2, 1975; eff. Sept. 22, 1975.
Repealed: New Rule entitled "Officers" adopted. F. July 7, 1978; eff. July 27, 1978.
Repealed: New Rule entitled "Election of Officers" adopted. F. Mar. 2, 1988; eff. Mar. 22, 1988.
Repealed: New Rule of same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-1-.04 Administrative Assignment

The Council is assigned to the Department of Public Safety for administrative purposes only.

(a)

The Council shall:

1. Exercise its quasi-judicial, rule making, licensing or policy making functions independent of the Department of Public Safety and without approval or control of the Department;

2. Prepare its budget, and submit its budgetary request through the Department of Public Safety.

3. Impose administrative fees, where appropriate.

History

Authority: O.C.G.A. Secs. 35-8-3, 35-8-7
History. Original Rule entitled "Meetings, Minutes, Records and Reports" adopted. F. Sept. 2, 1975; eff. Sept. 22, 1975.
Repealed: New Rule entitled "Meetings" adopted. F. July 7, 1978; eff. July 27, 1978.
Repealed: New Rule entitled "Administrative Assignment" adopted. F. Mar. 2, 1988; eff. Mar. 22, 1988.
Repealed: New Rule of same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-1-.05 Committees of the Council

The Chairman may establish such committees as may be necessary to conduct the business of the Council. The Chairman shall appoint the committee chairman and members of each committee who shall serve at the pleasure of the chairman during the chairman's term of office. A majority of any such committee shall constitute a quorum.

History

Authority: O.C.G.A. Sec. 35-8-7
History. Original Rule entitled "Relation to the Department of Public Safety, Finances" adopted. F. Sept. 2, 1975; eff. Sept. 22, 1975.
Repealed: New Rule entitled "Compensation" adopted. F. July 7, 1978; eff. July 27, 1978.
Repealed: F. Mar. 2, 1988; eff. Mar. 22, 1988.
Amended: New Rule entitled "Committees of the Council" adopted. F. Dec. 18, 2007; eff. Jan. 7, 2008.

Ga. Comp. R. & Regs. r. 464-1-.06 Scheduling of Council and Committee Meetings

(1) The Council shall meet quarterly in the months of March, June, September, and December of each year.

(2) Council Committee Meetings shall occur quarterly in the months of January, April, July, and October of each year.

(3) The Council and its Committees may hold emergency meetings as necessary.

History

Authority: O.C.G.A. § 35-8-7(1)
History. Original Rule entitled "Staff-Executive Director" adopted. F. Sept. 2, 1975; eff. Sept. 22, 1975.
Repealed: New Rule entitled "Administrative Assignment" adopted. F. July 7, 1978; eff. July 27, 1978.
Repealed: F. Mar. 2, 1988; eff. Mar. 22, 1988.
Amended: New Rule entitled "Scheduling of Council and Committee Meetings" adopted. F. Mar. 24, 2026; eff. Apr. 13, 2026.

Ga. Comp. R. & Regs. r. 464-1-.07 Data Gateway User Limitations

Users at all levels granted access to the Georgia POST Data Gateway must use the information contained therein for official public safety business.

History

Authority: O.C.G.A. § 35-8-7(2)
History. Original Rule entitled "Funds; Property" adopted. F. July 7, 1978; eff. July 27, 1978.
Repealed: F. Mar. 2, 1988; eff. Mar. 22, 1988.
Amended: New Rule entitled "Data Gateway User Limitations" adopted. F. Mar. 24, 2026; eff. Apr. 13, 2026.

Chapter 464-2 Definitions

Ga. Comp. R. & Regs. r. 464-2-.01 Definitions. Amended

Unless the context requires otherwise, the following words and terms shall have the following meanings:

(a) An "Emergency Peace Officer" retains the power and authority of a peace officer only for the duration of the emergency or disaster.

(b)

"Law Enforcement Support Personnel" shall include but not be limited to the following:

1. Jail Officers;

2. Communication Officers;

3. Identification Technicians;

4. Forensic Specialists;

5. Photographers; Secretaries and clerical staff personnel shall not be considered as law enforcement support personnel.

(c) "Peace Officer" as defined in O.C.G.A. § 35-8-2(8) , for the purposes of these rules shall not include persons on active duty with the armed forces or the Coast Guard of the United States and federal law enforcement officers.

(d) A "Sponsoring Agency of a School" is an agency, body, or institution of this State or a subdivision thereof which assumes responsibility as surety for a certified school.

(e) "Sponsoring Agency" is any POST recognized agency which assumes the responsibility of a candidate for officer certification.

(f) A "Certified School" is a training school certified in accordance with these Rules.

(g) A "Certified School Director" is a chief executive officer of a certified school and one who has been certified in accordance with these Rules.

(h) The "Basic Training Course" is the program of instruction prescribed by the Council to satisfy the minimum mandatory requirements of the P.O.S.T. Act (O.C.G.A. §35-8.)

(i) "Advanced Specialized Training" is an approved training program beyond the basic course of instruction which has as its primary goal the development of special skills or that raises the proficiency level within that specialized skill to an advanced level of competence and performance and which is different from in-service training.

(j) "In-service Training" is any training program drawn from the curriculum of the basic training course, which is generally offered for the purposes of updating or refreshing an officer's knowledge and basic skill level.

(k) An "Instructor" is any person employed, appointed, or utilized by a school to present a course of study or instruction.

(l) A "Certified Instructor" is any instructor certified in accordance with these Rules.

(m) "Revoke" (Revocation) means an action taken by the Council whereby the certification or registration of an officer is canceled and the officer shall no longer perform the functions of a certified officer.

(n) "Suspend" (Suspension) means an action taken by the Council whereby the certification or registration of a peace office is temporarily discontinued and the officer shall not perform the functions of an officer during the period the certification or registration is temporarily discontinued.

(o) "Convicted of Sufficient Misdemeanors to Establish a Pattern of Disregard For the Law" means conviction of that quantity and/or quality of misdemeanors that warrant a sanction or revocation of a certificate of a certified officer or exempt person. The term conviction means a finding or verdict of guilt, a plea of guilty or a plea of nolo contendere regardless of whether the adjudication of guilt or sentence is withheld or not entered thereon. Conviction of minor traffic offenses shall not be considered by the Council and the Council shall not consider other offenses involving the operation of a motor vehicle where the applicant received a pardon.

(p)

"Volunteer" Peace Officer shall be:

1. A reserve officer who is a part-time sworn officer commissioned with peace officer authority and is normally not paid for services provided;

2. An auxiliary officer who is a civilian affiliated with the law enforcement agency in a part-time, unsalaried, non-sworn, support capacity.

(q) "Chief of Police/Head of Law Enforcement Unit" shall be: A Chief executive or department head of a unit of the state, a subdivision or municipality thereof, or a railroad who is a peace officer as defined in O.C.G.A. § 35-8-2(8) (A) and whose responsibilities include the supervision and assignment of one or more employees or the performance of administrative and management duties of a police agency or law enforcement unit.

(r) "Unprofessional Conduct", for the purposes of imposing discipline under the Georgia Peace Officer Standards and Training Act, includes any departure from or failure to conform to the minimum standards of acceptable and prevailing practice of a peace officer. Acts of unprofessional conduct may include, but are not limited to, driving under the influence of alcohol or drugs; possession of marijuana or controlled substance; the failure to notify the Council of arrests and convictions; the failure to comply with a condition of probation or suspension imposed by the Council; the refusal to test for, or obtaining a positive test result for marijuana or controlled substance; and the conviction of a misdemeanor in the courts of this state or any other state, territory, country, or of the United States. The term "conviction" shall have the same meaning as set forth in O.C.G.A. § 35-8-7.1(a)(3) . This rule shall not serve to limit the Council from examining any allegations of misconduct.

(s) "Full time" means regularly working a minimum of thirty (30) hours per week or one hundred and twenty (120) hours per twenty-eight (28) day period for a law enforcement unit or communications center.

(t) An "accredited college or university" is any institution of higher education which has been recognized by the Council on Higher Education Accreditation and/or the institution's accrediting agency is recognized by the United States Department of Education, or other such accrediting authority approved by P.O.S.T. Council.

(u) "College Credit" is defined as actual academic course work. To be considered college credit, the credits must be eligible for recognition at any college or university within the University System of Georgia for degree purposes. The decision shall not be made solely on the source of accreditation of a sending institution. College credits must have been granted for a course other than one which was based on Internships, Directed Studies, Practicums, Correspondence, Workshops, Orientation Classes, Field Experience, Life Experience, Challenge Examination, Seminar, or Remedial courses.

(v) "Exempt Officer" is that officer identified in O.C.G.A. § 35-8-10 who is exempt from the certification provisions of O.C.G.A. 35-8. Each exempt officer must register with the Council.

(w) "In writing" is defined as any notification sent to POST via common carrier, the POST Data Gateway, or by electronic notification for which the sender has received delivery confirmation.

History

Authority: O.C.G.A. § 35-8-7(23)
History. Original Rule entitled "Forms" adopted. F. Feb. 12, 1971; eff. Mar. 4, 1971.
Repealed: New Rule of same title adopted. F. Aug. 10, 1971; eff. Aug. 30, 1971.
Amended: F. Apr. 13, 1972; eff. May 3, 1972.
Repealed: New Rule of same title adopted. F. June 7, 1974; eff. June 27, 1974.
Amended: F. Dec. 13, 1974; eff. Jan. 2, 1975.
Repealed: New Rule entitled "Objectives" adopted. F. Sept. 2, 1975; eff. Sept. 22, 1975.
Repealed: New Rule entitled "Functions and Powers" adopted. F. July 7, 1978; eff. July 27, 1978.
Amended: F. June 8, 1984; eff. June 28, 1984.
Repealed: New Rule of same title adopted. F. Mar. 13, 1985; eff. Apr. 2, 1985.
Repealed: New Rule entitled "Definitions" adopted. F. Mar. 2, 1988; eff. Mar. 22, 1988.
Amended: F. Sept. 7, 1989; eff. Sept. 27, 1989.
Repealed: New Rule of same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.
Amended: F. Sept. 27, 2004; eff. Oct. 17, 2004.
Amended: F. Dec. 18, 2007; eff. Jan. 7, 2008.
Amended: New title "Definitions. Amended." F. Feb. 2, 2021; eff. Feb. 22, 2021.

Ga. Comp. R. & Regs. r. 464-2-.02 Repealed

History

Authority: Ga. L. 1970, p. 208, Ga. L. 1975, p. 1165
History. Original Rule entitled "Powers" adopted. F. Sept. 2, 1975; eff. Sept. 22, 1975.
Amended: F. July 6, 1976; eff. July 26, 1976.
Repealed: F. July 7, 1978; eff. July 27, 1978.

Chapter 464-3 Officer Certification

Ga. Comp. R. & Regs. r. 464-3-.01 Application for Certification

Every person required or permitted to be certified shall make application on forms furnished by the Council, and in connection therewith shall, under oath, answer all questions, supply all information, and furnish all certificates, affidavits, waivers to obtain information and other supporting data as required. The written application for certification shall be a permanent record which the officer must maintain current. The application for certification shall be valid for only eighteen (18) months from date of application. Should the applicant not be certified within said period, the applicant will be required to make a new application and in connection therewith; shall answer all questions, supply all information, and furnish all certificates, affidavits, and other supporting data as required. An application for certification shall be on file with the Council prior to the applicant's employment or appointment as an officer. Any untrue, misleading or omitted statement contained in any such application shall be cause for denial, and if any registration has been granted, it shall be cause for the revocation of same.

History

Authority: O.C.G.A. Sec. 35-8-7
History. Original Rule entitled "Basic Police Training Course" adopted. F. Feb. 12, 1971; eff. Mar. 4, 1971.
Repealed: New Rule entitled "Terms Defined" adopted. F. Sept. 2, 1975; eff. Sept. 22, 1975.
Amended: F. Mar. 22, 1976; eff. Apr. 11, 1976.
Amended: F. July 6, 1976; eff. July 26, 1976.
Repealed: New Rule entitled "Definitions" adopted. F. July 7, 1978; eff. July 27, 1978.
Amended: F. June 6, 1984; eff. June 26, 1984.
Amended: F. Mar. 13, 1985; eff. Apr. 2, 1985.
Repealed: New Rule entitled "Application for Certification" adopted. F. Mar. 2, 1988; eff. Mar. 22, 1988.
Repealed: New Rule of same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-3-.02 Qualifications for Certification: Pre-Employment Requirements

(1)

When initially accepted for employment or appointment by a law enforcement unit or communications agency, any candidate seeking certification under these Rules shall:

(a) Be at least eighteen (18) years of age as evidenced by a certified copy of said candidate's birth certificate or other proof of birth acceptable to the Council.

(b) Be a citizen of the United States or a repatriated or naturalized citizen of the United States as of the date employment commences as evidenced by a certified copy of said candidate's birth certificate or other certified proof of citizenship acceptable to the Council.

(c) Have a high school diploma or its recognized equivalent or an approved college degree indicating successful completion of high school. A recognized equivalent means a diploma awarded by any state on the basis of a General Education Development (GED) Test. If an applicant for certification is unable to document that the high school diploma was issued by an accredited school, successful completion of an examination provided or approved by the Council shall suffice. Documented non-accredited schools are not applicable under this rule.

(d) Complete two (2) applicant fingerprint cards prior to commencement of employment as a peace officer in a law enforcement unit. All fingerprint cards shall be processed by the Georgia Crime Information Center (GCIC) and the National Crime Information Center (NCIC) and the results returned to the Council.

(e) Be found, after examination by a licensed physician or surgeon, to be free from any physical, emotional, or mental conditions which might adversely affect his/her exercising the powers or duties of a peace officer. Refer to POST Rule 464-3-.14 for additional requirements for law enforcement officers.

(f) Successfully complete a job-related academy entrance examination approved by the Council in conformity with state and federal law (where applicable).

(g) Not have been convicted by any state or by the federal government of any crime the punishment for which could have been imprisonment in the federal or state prison or institution nor have been convicted of sufficient misdemeanors to establish a pattern of disregard for the law, provided that, for purposes of this paragraph, violations of traffic laws and other offenses involving the operation of motor vehicles when the applicant has received a pardon shall not be considered.

(h) Possess good moral character as determined by investigation under procedure established by the Council.

History

Authority: O.C.G.A. § 35-8-7(23)
History. Original Rule entitled "Equivalent Instruction" adopted. F. Feb. 12, 1971; eff. Mar. 4, 1971.
Repealed: F. Sept. 2, 1975; eff. Sept. 22, 1975.
Amended: New Rule entitled "Qualifications for Certification: Pre-Employment Requirements" adopted. F. Mar. 2, 1988; eff. Mar. 22, 1988.
Repealed: New Rule of same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.
Amended: F. Dec. 18, 2007; eff. Jan. 7, 2008.
Amended: F. Jun. 15, 2011; eff. July 5, 2011.
Amended: F. Jun. 19, 2012; eff. July 9, 2012.
Amended: F. Sep. 21, 2020; eff. Oct. 11, 2020.

Ga. Comp. R. & Regs. r. 464-3-.03 Qualifications for Certification, Training Requirements

No candidate shall be certified under theseRules unless and until the school director of the school where said candidate has satisfactorily completed the basic course established in accordance with these Rules, shall have submitted verification in such form as the Council may require, that the candidate has met the training requirements set forth in this Chapter.

History

Authority: O.C.G.A. Secs. 35-8-7, 35-8-9
History. Original Rule entitled "Transcript of Record" adopted. F. Feb. 12, 1971; eff. Mar. 4, 1971.
Repealed: F. Sept. 2, 1975; eff. Sept. 22, 1975.
Amended: New Rule entitled "Qualifications for Certification, Training Requirements" adopted. F. Mar. 2, 1988; eff. Mar. 22, 1988.
Repealed: New Rule of same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-3-.04 Applications to be Permanent Records: Responsibility to Keep Current

All certification applications under these Rules shall be a permanent record. Should any change occur after certification that would require a different answer to any question in the application, to include change of address, or any supporting document that is made as part of the application, such change must be reported, by the officer, as an amendment to the application within thirty (30) days of the date of the occurrence of such change. Hiring, promotions, termination of employment and other changes in the employment status of a certified officer is the responsibility of the agency to report within fifteen (15) days of the occurrence of such change in status.

History

Authority: Authority O.C.G.A. Sec. 35-8-7
History. Original Rule entitled "Applications to be Permanent Records: Responsibility to Keep Current" adopted. F. Mar. 2, 1988; eff. Mar. 22, 1988.
Repealed: New Rule, same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.
Amended: F. Apr. 9, 2007; eff. Apr. 29, 2007.

Ga. Comp. R. & Regs. r. 464-3-.05 Notification of Disciplinary Action

Any applicant/ candidate for certification or person certified pursuant to O.C.G.A. Title 35, Chapter 8, who has disciplinary action taken against him/ her by any agency, organ, or department of this State, a subdivision or municipality thereof, or federal, shall notify the Council within fifteen (15) days of said action. For purposes of the fifteen (15) day time limit, evidence that notification was mailed within fifteen (15) days shall be sufficient. Disciplinary action as used herein means any action taken by any municipal, county, state or federal agency against a certified officer, which meet any of the following criteria:

(a) arrest by local, state, or federal authorities;

(b) suspensions, in totality, of thirty (30) days or longer for singular incidents of misconduct, demotions (other than for administrative purposes), termination by employing agency, or resignations in lieu of terminations;

(d) conviction or bond forfeiture, in any local, state or federal court. The term "conviction" shall include a finding or verdict of guilt, plea of guilty, or a plea of nolo contendere, regardless of whether the adjudication of guilt or sentence is withheld or not entered thereon;

(e) minor traffic citations written to a certified officer need not be reported to the Council.

History

Authority: O.C.G.A. Secs. 35-8-7, 35-8-7.1
History. Original Rule entitled "Notification of Disciplinary Action" adopted. F. Mar. 2, 1988; eff. Mar. 22, 1988.
Repealed: New Rule of same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.
Amended: F. May 1, 2000; eff. May 21, 2000.

Ga. Comp. R. & Regs. r. 464-3-.06 Notification Required by Employing Agency

(a) Employing agencies suspending for thirty (30) days or longer, demoting (other than for administrative purposes), discharging an applicant/candidate for certification or certified officers for disciplinary reasons or accepting resignations in lieu of termination shall inform the Council in writing within fifteen (15) days of such action and records concerning the disciplinary action shall be made available to an investigator with POST Council.

(b) Employing agencies shall inform the Council in writing within fifteen (15) days of any change of status in an officer's employment to include: hiring, resignation, change of home address, legal name change, promotion, administrative demotion, and education level.

(c) Employing agencies shall inform the Council in writing within fifteen (15) days of any applicant/candidate for certification or certified officer arrest.

History

Authority: O.C.G.A. Secs. 35-8-7, 35-8-7.1
History. Original Rule entitled "Notification Required by Law Enforcement Unit" adopted. F. Mar. 2, 1988; eff. Mar. 22, 1988.
Amended: F. May 25, 1993; eff. June 14, 1993.
Repealed: New Rule entitled "Notification Required by Employing Agency" adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.
Amended: F. May 1, 2000; eff. May 21, 2000.
Amended: F. Dec. 18, 2007; eff. Jan. 7, 2008.
Amended: F. Jun. 15, 2011; eff. July 5, 2011.

Ga. Comp. R. & Regs. r. 464-3-.07 Inquiries to Determine Compliance

The Council shall have the authority to initiate inquiries to determine compliance with the Peace Officer Standards and Training Act by an individual officer or employing agency of State and local government. The officer's waiver signed upon application shall authorize the Council to obtain documents and other information necessary for the inquiry.

History

Authority: O.C.G.A. Secs. 35-8-7, 35-8-7.1
History. Original Rule entitled "Inquiries to Determine Compliance" adopted. F. Mar. 2, 1988; eff. Mar. 22, 1988.
Repealed: New Rule of same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-3-.08 Notification of Disciplinary Action

The Council shall notify all officers by mail or hand delivery of any disciplinary action or a hearing to determine if disciplinary action is appropriate. For purposes of notification, mailing by delivery confirmation or certified mail to the last address specified on the application or the last known address of the officer shall constitute proper service.

History

Authority: O.C.G.A. Secs. 35-8-7, 35-8-7.2
History. Original Rule entitled "Notification of Disciplinary Action" adopted. F. Mar. 2, 1988; eff. Mar. 22, 1988.
Repealed: New Rule of same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.
Amended: F. Dec. 18, 2007; eff. Jan. 7, 2008.

Ga. Comp. R. & Regs. r. 464-3-.09 Notification of Long Term Medical Disability

(a) Employing agencies receiving notice of a change in the medical condition, for other than a short-term condition, of any applicant, candidate for certification, or person certified that prohibits the applicant, candidate, or officer from performing required duties, shall inform the Council in writing within ten (10) days of such action. As used in this section, the term short-term condition means a medical condition which, in the judgement of a licensed physician, surgeon or doctor of optometry, expressed in writing, will not persist for more than 180 days, or such other period as may be specified by the Council, in its' judgement.

(b) Any applicant, candidate, or person certified, pursuant to O.C.G.A. Title 35, Chapter 8, who has a change in medical condition, on or after the effective date of this rule, for other than a short-term condition, and is terminated, voluntarily resigns, resigns in lieu of dismissal, demoted, suspended, or retires as the result of a change in medical condition which prohibits the applicant, candidate, or officer from performing required duties shall notify the Council in writing within fifteen (15) days of such action.

(c) A change in medical condition shall cause a review of the applicant, candidate, or officer's certification status by the Council as provided in O.C.G.A. § 35-8-7.1(a)(10) . If, as a result of this review, the Council determines that the applicant, candidate or officer is believed to be unable to perform the duties of an officer with reasonable skill and safety to citizens due to this change in medical status, the Council may take action as provided in O.C.G.A. § 35-8-7.1(b)(1) .

(d) The affected applicant, candidate, or officer shall be notified via certified mail of the Council's action and of the affected party's right to request a hearing as provided in Section 464-8 as amended of P.O.S.T. Council Rules.

(e) The employing agency of the affected applicant, candidate, or officer shall also be notified of Council's action by forwarding a copy of the notice to the employing agency via U.S. Mail.

(f) If the affected applicant, candidate, or officer fails to request a hearing as provided in P.O.S.T. Rules, the decision of the Council shall become final.

History

Authority: O.C.G.A. Sec. 35-8-7
History. Original Rule entitled "Notification of Long Term Medical Disability" adopted. F. Sept. 27, 2004; eff. Oct. 17, 2004.

Ga. Comp. R. & Regs. r. 464-3-.10 Notification of Officer Arrest

Agencies arresting an applicant/candidate for certification or certified officer shall inform the Council in writing within fifteen (15) days of said arrest and records concerning the arrest shall be made available to an investigator with POST Council. Arrests shall include, arrest by local, state, or federal authorities; or indictments of presentments in any local, state or federal court. Minor traffic citations written to a certified officer need not be reported to the Council.

History

Authority: Authority § 35-8-7(23)
History. Original rule entitled "Notification of Officer Arrest" adopted. F. Jun. 15, 2011; eff. July 5, 2011.

Ga. Comp. R. & Regs. r. 464-3-.11 Repealed

History

Authority: O.C.G.A. § 35-8-7(23)
History. Original rule entitled "Officer Recertification" adopted. F. Jun. 15, 2011; eff. July 5, 2011.
Amended: F. Jan. 11, 2021; eff. Jan. 31, 2021.
Repealed: F. Sep. 17, 2021; eff. Oct. 7, 2021.

Ga. Comp. R. & Regs. r. 464-3-.12 Requirements for Retired Law Enforcement Credentials Issued in Accordance with OCGA 16-11-130(c)(2)(E)

(1) A person who is a citizen of this state; and

(2) Has retired with at least ten years of aggregate service as a law enforcement officer with powers of arrest under the laws of any state of the United States or of the United States; and

(3)

Separated from service in good standing.

(a) Good standing shall be defined as not being subject to any suspension or revocation to practice as a law enforcement officer.

(b) If the applicant for retired credentials served as an officer in another state(s) or the United States, documentation of good standing shall be required from the state(s) where the applicant was employed as a law enforcement officer or the United States.

(c) Each applicant shall document eligibility to possess a firearm by providing a copy of a valid Georgia Weapons Carry Permit.

(4) Each applicant must provide, with the application for retired credentials, one photograph that complies with a US Department of State passport photo; and

(5) all documents must be submitted on forms approved by Council.

History

Authority: O.C.G.A. § 35-8-7(23)
History. Original Rule entitled "Requirements for Retired Law Enforcement Credentials Issued in Accordance with OCGA 16-11-130(c)(2)(E)" adopted. F. Sep. 21, 2020; eff. Oct. 11, 2020.

Ga. Comp. R. & Regs. r. 464-3-.13 Repealed

History

Authority: O.C.G.A. § 35-8-7(23)
History. Original Rule entitled "Officer Code of Conduct Agreement" adopted. F. Sep. 21, 2020; eff. Oct. 11, 2020.
Repealed: F. July 2, 2021; eff. July 22, 2021.

Ga. Comp. R. & Regs. r. 464-3-.14 Law Enforcement Officer Psychological Affidavit

When initially accepted for employment or appointment as a law enforcement officer, any candidate seeking certification under these Rules shall:

(1) Be found, after examination by a licensed psychiatrist, or psychologist to be free from any emotional, or mental conditions which might adversely affect his/her exercising the powers or duties of a peace officer; and

(2) Each agency must submit an affidavit acknowledging that a psychological evaluation to determine suitability as a law enforcement officer was conducted on each application for certification, on forms approved by Council; or

(3) Each academy director must submit an affidavit acknowledging that a psychological evaluation to determine suitability as a law enforcement officer was conducted on each pre-service applicant for certification, on forms approved by Council.

History

Authority: O.C.G.A. § 35-8-7(23)
History. Original Rule entitled "Law Enforcement Officer Psychological Affidavit" adopted. F. Sep. 21, 2020; eff. Oct. 11, 2020.

Ga. Comp. R. & Regs. r. 464-3-.15 Voluntary Surrender of Certification

An officer may voluntarily surrender any POST certification they have been issued. Any surrendered certification shall be deemed equivalent to a revocation.

History

Authority: O.C.G.A. § 35-8-7(23)
History. Original Rule entitled "Voluntary Surrender of Certification" adopted. F. Sep. 21, 2020; eff. Oct. 11, 2020.

Chapter 464-4 Officer Registration

Ga. Comp. R. & Regs. r. 464-4-.01 Application for Registration

(a) Every person required or permitted to be registered as an officer shall make application on forms furnished by the Council, and in connection therewith shall, under oath, answer all questions, supply all information, and furnish all certificates, affidavits, waivers to obtain information and other supporting data as required. Any untrue, misleading or omitted statement contained in any such application shall be cause for denial, and if any registration has been granted, it shall be cause for the revocation of same.

(b) All applications for registration as a jail officer must be received by the Council by July 1, 2001. No person shall be permitted to submit an application for registration after that date. All persons filing applications after that date shall be required to meet the certification requirements of a jail officer.

(c) All applications for registration as a municipal probation officer must be received by the Council by July 1, 2008. No person shall be permitted to submit an application for registration after that date. All persons filing applications after that date shall be required to meet the certification requirements of a municipal probation officer.

History

Authority: O.C.G.A. Secs. 35-8-7, 35-8-10
History. Repealed: New Rule entitled "Certification of School, Qualifications of Director" adopted. F. Apr. 13, 1972; eff. May 3, 1972.
Amended: F. June 7, 1974; eff. June 27, 1974.
Repealed: New Rule entitled "Persons Who May Be Certified" adopted. F. Sept. 2, 1975; eff. Sept. 22, 1975.
Repealed: New Rule of same title adopted. F. July 6, 1976; eff. July 26, 1976.
Repealed: New Rule entitled "Persons Required to Be Certified; Specified Law Enforcement Units" adopted. F. July 7, 1978; eff. July 27, 1978.
Repealed: New Rule entitled "Application for Registration" adopted. F. Mar. 2, 1988; eff. Mar. 22, 1988.
Repealed: New Rule of same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.
Amended: F. May 1, 2000; eff. May 21, 2000.
Amended: F. Dec. 18, 2007; eff. Jan. 7, 2008.

Ga. Comp. R. & Regs. r. 464-4-.02 Qualifications for Registration

Any officer employed or appointed by a law enforcement unit of communications agency seeking registration under these Rules shall have the law enforcement unit or communications agency complete two (2) applicant fingerprint cards for each employee seeking registration. All fingerprint cards shall be processed by the Georgia Crime Information Center (GCIC) and the National Crime Information Center (NCIC) and the results returned to the Council.

History

Authority: O.C.G.A. Secs. 35-8-7, 35-8-10
History. Original Rule entitled "Application" adopted. F. Feb. 12, 1971; eff. Mar. 4, 1971.
Repealed: New Rule entitled "Persons Required to Be Certified" adopted. F. Sept. 2, 1975; eff. Sept. 22, 1975.
Repealed: New Rule of same title adopted. F. July 6, 1976; eff. July 26, 1976.
Repealed: New Rule entitled "Persons Required to Be Certified; Other Peace Officers" adopted. F. July 7, 1978; eff. July 27, 1978.
Repealed: New Rule entitled "Qualifications for Registration" adopted. F. Mar. 2, 1988; eff. Mar. 22, 1988.
Repealed: New Rule of same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-4-.03 Applications to be Permanently Recorded: Responsibility to Keep Current

All registration applications under these Rules shall be a permanent record. It is expressly made the responsibility of the registered officer to keep such application current. Should any change occur during subsequent years after registration which would require a different answer to any questions contained in the application, or supporting document which is made a part of the application, such change must be reported as an amendment to the application within thirty (30) days of the date of the occurrence of such change. Hiring, promotions, termination of employment and other changes in the employment status of a registered officer is the responsibility of the agency to report within fifteen (15) days of the occurrence of such change in status.

History

Authority: Authority O.C.G.A. Sec. 35-8-7
History. Original Rule entitled "Visual Inspection" adopted. F. Feb. 12, 1971; eff. Mar. 4, 1971.
Amended: Rule repealed and a new Rule entitled "Failure to Comply" adopted. F. Sept. 2, 1975; eff. Sept. 22, 1975.
Amended: F. Feb. 3, 1976; eff. Feb. 23, 1976.
Amended: Rule repealed and a new Rule entitled "Persons Who May be Certified" adopted. F. July 7, 1978; eff. July 27, 1978.
Amended: Rule repealed and a new Rule entitled "Applications to be Permanently Recorded: Responsibility to Keep Current" adopted. F. Mar. 2, 1988; eff. Mar. 22, 1988.
Repealed: New Rule, same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.
Amended: F. Apr. 9, 2007; eff. Apr. 29, 2007.

Ga. Comp. R. & Regs. r. 464-4-.04 Notification of Disciplinary Action

Any applicant/candidate for registration or registered officer who has any disciplinary action taken against him/her by any agency, organ, or department of this State, a subdivision or municipality thereof, or federal, shall notify the Council within fifteen (15) days of such action. For purposes of the fifteen (15) day time limit, evidence that notification was mailed within fifteen (15) days shall be sufficient. Disciplinary action as used herein means any action taken by any municipal, county, State, or federal agency against a registered officer, including but not limited to:

(a) arrest by local, State, or federal authorities;

(b) suspensions of thirty (30) days or longer, demoting (other than for administrative purposes) or termination by employing agency.

(d) conviction, penalty or any plea in any local, State or federal court;

(e) minor traffic citations written to an officer need not be reported to the Council.

History

Authority: O.C.G.A. Secs. 35-8-7, 35-8-7.1
History. Original Rule entitled "Approval of School" adopted. F. Feb. 12, 1971; eff. Mar. 4, 1971.
Repealed: New Rule entitled "Candidate Certification Requirements" adopted. F. Sept. 2, 1975; eff. Sept. 22, 1975.
Amended: F. Oct. 12, 1976; eff. Nov. 1, 1976.
Repealed: New Rule entitled "Failure to Comply" adopted. F. July 7, 1978; eff. July 27, 1978.
Repealed: New Rule entitled "Notification of Disciplinary Action" adopted. F. Mar. 2, 1988; eff. Mar. 22, 1988.
Repealed: New Rule of same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.
Amended: F. May 1, 2000; eff. May 21, 2000.

Ga. Comp. R. & Regs. r. 464-4-.05 Notification Required by Agency

Law Enforcement Units suspending, for thirty (30) days or longer, demoting (other than for administrative purposes) or discharging an applicant/candidate for registration or registered officers for disciplinary reasons shall so inform the Council in writing within fifteen (15) days of such action and records concerning the disciplinary action shall be made available to an investigator with POST Council.

History

Authority: O.C.G.A. Secs. 35-8-7, 35-8-7.1
History. Original Rule entitled "Revocation of Certification" adopted. F. Feb. 12, 1971; eff. Mar. 4, 1971.
Repealed: New Rule of same title adopted. F. June 7, 1974; eff. June 27, 1974.
Repealed: New Rule entitled "Exempt Peace Officer Certification Requirements" adopted. F. Sept. 2, 1975; eff. Sept. 22, 1975.
Amended: F. Oct. 12, 1976; eff. Nov. 1, 1976.
Repealed: New Rule entitled "Application for Certification" adopted. F. July 7, 1978; eff. July 27, 1978.
Repealed: New Rule entitled "Notification Required by Law Enforcement Unit" adopted. F. Mar. 2, 1988; eff. Mar. 22, 1988.
Repealed: New Rule entitled "Notification Required by Agency" adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.
Amended: F. May 1, 2000; eff. May 21, 2000.
Amended: F. Dec. 18, 2007; eff. Jan. 7, 2008.

Ga. Comp. R. & Regs. r. 464-4-.06 Inquiries to Determine Compliance

The Council shall have the authority to initiate inquiries to determine compliance with the Peace Officer Standards and Training Act by individual peace officers. The officer's waiver signed upon application shall authorize the Council to obtain documents and other information necessary for the inquiry.

History

Authority: O.C.G.A. Secs. 35-8-7, 35-8-7.1, 35-8-8
History. Original Rule entitled "Annual Renewal of Certification" adopted. F. June 7, 1974; eff. June 27, 1974.
Repealed: New Rule entitled "Denial, Suspension, and Revocation of Certification" adopted. F. Sept. 2, 1975; eff. Sept. 22, 1975.
Amended: F. Feb. 3, 1976; eff. Feb. 23, 1976.
Repealed: New Rule entitled "Qualifications for Certification; Preemployment Requirements" adopted. F. July 7, 1978; eff. July 27, 1978.
Amended: ER. 464-4-0.1-.06 adopted. F. Oct. 9, 1980; eff. Oct. 5, 1980, the date of adoption.
Amended: F. Feb. 9, 1981; eff. Mar. 1, 1981.
Amended: F. June 8, 1984; eff. June 28, 1984.
Amended: F. Mar. 13, 1985; eff. Apr. 2, 1985.
Repealed: New Rule entitled "Inquiries to Determine Compliance" adopted. F. Mar. 2, 1988; eff. Mar. 22, 1988.
Repealed: New Rule of same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-4-.07 Notification of Disciplinary Action

The Council shall notify all registered officers by mail or hand delivery of any disciplinary action or a hearing to determine if disciplinary action is appropriate. For purposes of notification, mailing by delivery confirmation or certified mail to the last address specified on the application or the last known address of the officer shall constitute proper service.

History

Authority: O.C.G.A. Sec. 35-8-7
History. Original Rule entitled "Duties and Responsibilities of School Director" was filed on June 7, 1974; effective June 27, 1974.
Amended: Rule repealed. Filed September 2, 1975; effective September 22, 1975.
Amended: Rule entitled "Qualification for Peace Officer Certification by Equivalency Examination" adopted. Filed October 12, 1976; effective November 1, 1976.
Amended: Rule repealed and a new Rule entitled "Qualifications for Certification; Training Requirements" adopted. Filed July 7, 1978; effective July 27, 1978.
Amended: Rule repealed. Filed March 2, 1988; effective March 22, 1988.
Amended: New Rule entitled "Notification of Disciplinary Action" adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.
Amended: F. Dec. 18, 2007; eff. Jan. 7, 2008.

Ga. Comp. R. & Regs. r. 464-4-.08 Term of Registration

Any registration granted in accordance with O.C.G.A. §35-8 and the rules of the Council shall not terminate upon a subsequent employment or appointment as an officer, provided that subsequent employment or appointment as an officer is recognized by the Council to be substantially the same or similar to the employment or appointment by virtue of which said officer was exempted and registered as such; provided, further, that such subsequent employment or appointment is commenced within twelve (12) months of such prior termination as an officer.

History

Authority: O.C.G.A. Sec. 35-8-7
History. Original Rule entitled "Applications to Be Permanent Record; Responsibility to Keep Current" adopted. F. July 7, 1978; eff. July 27, 1978.
Repealed: F. Mar. 2, 1988; eff. Mar. 22, 1988.
Amended: New Rule entitled "Term of Registration" adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-4-.09 Repealed

(a) Employing agencies receiving notice of a change in the medical condition, for other than a short-term condition, of any applicant, candidate for registration, or registered officer that prohibits the applicant, candidate, or officer from performing required duties, shall inform the Council in writing within ten (10) days of such action. As used in this section, the term short-term condition means a medical condition which, in the judgement of a licensed physician, surgeon or doctor of optometry, expressed in writing, will not persist for more than 180 days, or such other period as may be specified by the Council, in its judgement.

(b) Any applicant, candidate, or person registered, pursuant to O.C.G.A. Title 35, Chapter 8, and in compliance with the terms of registration in accordance with P.O.S.T. Rule 464-4-.08 , who has a change in medical condition, on or after the effective date of this rule, for other than a short-term condition, and is terminated, voluntarily resigns, resigns in lieu of dismissal, demoted, suspended, or retires as the result of a change in medical condition which prohibits the applicant, candidate, or officer from performing required duties shall notify the Council in writing within fifteen (15) days of such action.

(c) A change in medical condition shall cause a review of the applicant, candidate, or officer's registration status by the Council as provided in O.C.G.A. § 35-8-7.1(a)(10) . If as a result of this review, the Council determines that the applicant, candidate, or officer is believed to be unable to perform the duties of an officer with reasonable skill and safety to citizens due to this change in medical status, the Council may take action as provided in O.C.G.A. § 35-8-7.1(b)(1) .

(d) The applicant, candidate, or officer shall be notified via certified mail of the Council's action and of the affected party's right to contest the action by submitting a request for hearing as provided in Section 464-8 as amended of P.O.S.T. Council Rules.

(e) The employing agency of the applicant, candidate, or officer shall be notified of the Council's action by forwarding a copy of the notice to the employing agency via U.S. Mail.

(f) If the affected applicant, candidate, or officer fails to request a hearing as provided in P.O.S.T. Rules, the decision of the Council shall become final.

History

Authority: O.C.G.A. Sec. 35-8-7
History. Original Rule entitled "Notification of Disciplinary Action" adopted. F. July 7, 1978; eff. July 27, 1978.
Repealed: F. Mar. 2, 1988; eff. Mar. 22, 1988.
Amended: New Rule entitled "Notification of Long Term Medical Disability" adopted. F. Sept. 27, 2004; eff. Oct. 17, 2004.

Ga. Comp. R. & Regs. r. 464-4-.10 Repealed

History

Authority: O.C.G.A. Secs. 35-8-7, 35-8-8
History. Original Rule entitled "Notification Required by Law Enforcement Unit" adopted. F. July 7, 1978; eff. July 27, 1978.
Repealed: F. Mar. 2, 1988; eff. Mar. 22, 1988.

Ga. Comp. R. & Regs. r. 464-4-.11 Repealed

History

Authority: O.C.G.A. Secs. 35-8-7, 35-8-8
History. Original Rule entitled "Inquiries to Determine Compliance" adopted. F. July 7, 1978; eff. July 27, 1978.
Repealed: F. Mar. 2, 1988; eff. Mar. 22, 1988.

Ga. Comp. R. & Regs. r. 464-4-.12 Repealed

History

Authority: O.C.G.A. Secs. 35-8-7, 35-8-8
History. Original Rule entitled "Denial of Certification" adopted. F. July 7, 1978; eff. July 27, 1978.
Repealed: F. Mar. 2, 1988; eff. Mar. 22, 1988.

Ga. Comp. R. & Regs. r. 464-4-.13 Repealed

History

Authority: O.C.G.A. Secs. 35-8-7, 35-8-8
History. Original Rule entitled "Suspension or Revocation of Certification" adopted. F. July 7, 1978; eff. July 27, 1978.
Amended: F. June 8, 1984; eff. June 28, 1984.
Repealed: F. Mar. 2, 1988; eff. Mar. 22, 1988.

Chapter 464-5 Training

Ga. Comp. R. & Regs. r. 464-5-.01 Basic Course

The Council shall formulate and promulgate a program of instruction for each category of certified officer it deems necessary. The program will comprise fundamental skills and knowledge, and shall be designated the basic course.

History

Authority: O.C.G.A. Sec. 35-8-7
History. Original Rule entitled "General Instructors" was filed on February 12, 1971; effective March 4, 1971.
Amended: Rule repealed and a new Rule entitled "Courses of Instruction" adopted. Filed September 2, 1975; effective September 22, 1975.
Amended: Filed February 3, 1976; effective February 23, 1976.
Amended: Rule repealed and a new Rule entitled "Persons Required to be Registered. Specified Law Enforcement Units" adopted. Filed July 7, 1978; effective July 27, 1978.
Amended: Rule repealed and a new Rule entitled "Basic Course" adopted. Filed March 2, 1988; effective March 22, 1988.
Repealed: New Rule, same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-5-.02 Attendance and Completion of the Basic Courses

(1) Officers are required to attend and complete the basic course relating to the job they intend to perform. Unless otherwise authorized by statute or rule, if an officer changes the type of employment (e.g., from a law enforcement officer to a correctional officer) he/she shall be required to attend the basic course in that field prior to performing the duties of that classification of certification. No person shall be permitted into the basic course without authorization from POST.

(2) Civilians may be allowed to attend the basic course provided they are sponsored by a law enforcement unit or academy and meet all pre-employment requirements if spaces are available. All tuition and costs associated with attendance in the basic course by the civilian shall be paid by the civilian or his/her sponsoring unit. Applications and background investigations for civilian applicants shall be the responsibility of the student's sponsoring unit.

History

Authority: O.C.G.A. Sec. 35-8-7, 35-8-9
History. Original Rule entitled "Guest Lecturers" was filed on February 12, 1971; effective March 4, 1971.
Amended: Rule repealed and a new Rule entitled "School Certification" adopted. Filed September 2, 1975; effective September 22, 1975.
Amended: Filed February 3, 1976; effective February 23, 1976.
Amended: Rule repealed and a new Rule entitled "Persons Required To Be Registered: Other Peace Officers" adopted. Filed July 7, 1978; effective July 27, 1978.
Amended: Rule repealed and a new Rule entitled "Attendance and Completion of the Basic Courses" adopted. Filed March 2, 1988; effective March 22, 1988.
Repealed: New Rule, same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-5-.03 Basic, In-Service Training and Specialized/Advanced Course Administration

Basic, in-service and specialized/advanced courses shall be administered by schools certified in accordance with these Rules, except that the Council may, in its discretion, recognize courses undertaken at any law enforcement unit, academy, university, college, junior college, technical school, trade school or similar institution which is substantially equivalent to that which the Council may establish. The Basic Course shall at all times be delivered on the premises of an academy certified in accordance with these Rules, and be delivered to the entire class as a single entity except where certain remedial training is required by POST policy. The Basic Course may be delivered at other sites specifically approved by Council providing the sponsoring academy can demonstrate the need for an off-site course based upon a training workload which is beyond the capacity and capabilities of on-site resources.

History

Authority: O.C.G.A. Sec. 35-8-7, 35-8-11
History. Original Rule entitled "Revocation of Instructor's Certificate" was filed on February 12, 1971; effective March 4, 1971.
Amended: Rule repealed and a new Rule entitled "Revocation of Instructor's Certification" adopted. Filed June 7, 1974; effective June 27, 1974.
Amended: Rule repealed and a new Rule entitled "School Director Certification" adopted. Filed September 2, 1975; effective September 22, 1975.
Amended: Filed February 3, 1976; effective February 23, 1976.
Amended: Rule repealed and a new Rule entitled "Persons Who May be Registered" adopted. Filed July 7, 1978; effective July 27, 1978.
Amended: Rule repealed and a new Rule entitled "Basic, In-Service Training and Specialized Course Administration" adopted. Filed March 2, 1988; effective March 22, 1988.
Amended: Rule retitled "Basic, In-Service Training and Specialized/Advanced Course Administration" F. Nov. 17, 1992; eff. Dec. 7, 1992.
Amended: F. Dec. 14, 1993; eff. Jan. 3, 1994.
Repealed: New Rule, same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-5-.04 Instructor Training Course

The Council shall formulate and promulgate a program of instruction comprising fundamental instructional techniques, skills, and knowledge which shall be designated the instructor training course.

(a) The instructor training course shall include at least eighty (80) hours of study and instruction.

(b) The course content shall be prescribed in an official document entitled "A Program of Instruction for the POST Instructor Training Course."

(c) The instructor training course shall employ performance-oriented instructional methods that shall provide opportunities for each student to demonstrate successful achievement of established performance objectives.

(d) The instructor training course shall be administered by a certified school, POST Staff or any agency or institution which the Council shall recognize. Each person eligible for admission to the instructor training course shall demonstrate competency with respect to possession of requisite skills and knowledge.

History

Authority: O.C.G.A. Sec. 35-8-7
History. Original Rule entitled "Instructor Certification" adopted. F. Sept. 2, 1975; eff. Sept. 22, 1975.
Amended: F. Mar. 22, 1976; eff. Apr. 11, 1976.
Repealed: New Rule entitled "Registration Deadline" adopted. F. July 7, 1978; eff. July 27, 1978.
Repealed: F. June 8, 1984; eff. June 28, 1984.
Amended: New Rule entitled "Instructor Training Course" adopted. F. Mar. 2, 1988; eff. Mar. 22, 1988.
Repealed: New Rule of same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-5-.05 Schools Required to be Certified

Any school which intends to offer a basic course in accordance with these Rules shall comply with the certification provisions of this Chapter.

History

Authority: Authority O.C.G.A. Sec. 35-8-7
History. Original Rule entitled "Failure to Comply" adopted. F. July 7, 1978; eff. July 27, 1978.
Repealed: New Rule entitled "Schools Required to Be Certified" adopted. F. Mar. 2, 1988; eff. Mar. 22, 1988.
Repealed: New Rule of same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.
Amended: F. Dec. 18, 2007; eff. Jan. 7, 2008.

Ga. Comp. R. & Regs. r. 464-5-.06 Number of Certified Schools

(1) The number of certified training schools shall be limited by the Council and all schools seeking certification shall, prior to the submission of application for certification, satisfy the Council of such need for an additional school based upon a training work load need beyond the capacity and capabilities of the existing system.

(2) If the Council determines that such need does not exist, Council shall notify the applicant thereof, and, upon request by the applicant, afford due notice and opportunity for hearing. If the Council, after affording such notice and opportunity for hearing, finds the need is not such to justify an additional academy, the applicant shall be advised in writing of the findings upon which such determination is based.

History

Authority: O.C.G.A. Sec. 35-8-7
History. Original Rule entitled "Application for Registration" adopted. F. July 7, 1978; eff. July 27, 1978.
Repealed: New Rule entitled "Number of Certified Schools" adopted. F. Mar. 2, 1988; eff. Mar. 22, 1988.
Repealed: New Rule of same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-5-.07 Application for Certification

Every agency or organ of this State, subdivision or municipality thereof seeking school certification, shall make application on forms furnished by the Council and in connection therewith shall require all answers to questions be under oath and supply all information, and furnish all certificates, affidavits, and other requested supporting data. In all cases the application shall be made in the name of the agency or organ of this State, subdivision or municipality, and the application shall show that the certification is for the use of the applicant.

History

Authority: O.C.G.A. Sec. 35-8-7
History. Original Rule entitled "Qualifications for Registration" adopted. F. July 7, 1978; eff. July 27, 1978.
Amended: F. June 8, 1984; eff. June 28, 1984.
Repealed: New Rule entitled "Application for Certification" adopted. F. Mar. 2, 1988; eff. Mar. 22, 1988.
Repealed: New Rule of same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-5-.08 School (Academy) Requirements

In order that a school be qualified for certification under these Rules, all facilities and equipment related to administration of instructional courses shall be subject to inspection by POST Staff to insure that the facilities are in compliance with applicable municipal, county, State and federal fire, sanitation, building and Council regulations. Copies of inspection reports shall be made available to the Council, upon request as evidence of compliance with said regulations; otherwise, a letter documenting compliance shall accompany the application.

History

Authority: O.C.G.A. Sec. 35-8-7
History. Original Rule entitled "Applications to Be Permanent Record; Responsibility to Keep Current" adopted. F. July 7, 1978; eff. July 27, 1978.
Repealed: New Rule entitled "School (Academy) Requirements" adopted. F. Mar. 2, 1988; eff. Mar. 22, 1988.
Repealed: New Rule of same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-5-.09 School (Academy) Director

A certified school shall employ a school director who is certified by the Council. Said school director shall be employed on a full time basis to perform duties directly related to the operation of the school, and such other duties as the Council may direct. A school director employed by a regional police academy or state training academy shall be assigned no additional duties by the sponsoring agency which conflict with his/her duties as school director.

History

Authority: O.C.G.A. Sec. 35-8-7
History. Original Rule entitled "Notification of Disciplinary Action" adopted. F. July 7, 1978; eff. July 27, 1978.
Repealed: New Rule entitled "School (Academy) Director" adopted. F. Mar. 2, 1988; eff. Mar. 22, 1988.
Repealed: New Rule of same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-5-.10 School (Academy) Certification Suspension

(1) Any school whose certified director resigns, is terminated, or otherwise leaves the employ of the school, or whose school director's certification is suspended or revoked, shall have its certification suspended after ten (10) days unless a temporary acting director is appointed by the sponsoring agency and written notice is served on the Council of the school's intention to comply with this Rule. A reasonable time shall be granted for the school to comply. Council may, in its discretion, suspend such school's certification until a proper determination is made after a hearing.

(2) The sponsoring agency of any school whose director resigns, is terminated, or otherwise leaves the employ of the school, may at the discretion of the Council's executive director subject to Council ratification, appoint an acting director for such period of time as is reasonable to employ and certify a full-time school director.

History

Authority: O.C.G.A. Sec. 35-8-7
History. Original Rule entitled "Required By Law Enforcement Unit" was filed on July 7, 1978; effective July 27, 1978.
Amended: Rule repealed and a new Rule entitled "School (Academy) Certification Suspension" adopted. Filed March 2, 1988; effective March 22, 1988.
Repealed: New Rule, same title adopted. F. Mar. 19, 1998; Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-5-.11 School (Academy) Instructor Requirements

A certified school which offers any basic course shall employ at least one full-time certified instructor, other than the certified director, to perform duties directly related to the basic course. Such instructor employed by a regional police academy or the State training academy shall be assigned no additional duties except those as assigned by Council, which conflict with his/her full-time, primary instructional duties in a basic course.

(a) A certified school which offers training courses other than basic training shall employ at least one full-time-certified instructor, other than the certified director, to perform duties directly related to "other" training courses. Such instructor employed by a regional police academy or the State training academy may be assigned duties related to a basic course, but shall be assigned no other duties which conflict with his/her duties.

(b) Any number of additional certified instructors may be employed by a certified school.

(c) Any person employed on the staff or faculty of a certified school, including the school director, who teaches in a basic, refresher, advanced/specialized or instructor training course, shall be certified in accordance with these Rules.

(d) A certified school shall employ at least one full-time secretarial assistant to perform secretarial or clerical duties related to the administration of the school. The duties of the assistant shall be determined by the school director.

(e) Any certified school, other than a departmental academy, must operate twelve (12) months out of the calendar year.

(f) Any person employed on the staff or faculty of a certified school, including the school director, who teaches in a basic, refresher, advanced/specialized or instructor training course, shall be required to attend forty (40) hours of career development training and/or area specialization training each year.

History

Authority: O.C.G.A. Sec. 35-8-7
History. Original Rule entitled "Inquiries to Determine Compliance" was filed on July 7, 1978; effective July 27, 1978.
Amended: Rule repealed and a new Rule entitled "School (Academy) Instructor Requirements" adopted. Filed March 2, 1988; effective March 22, 1988.
Repealed: New Rule, same title adopted. F. Mar. 19, 1998; Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-5-.12 Repealed

History

Authority: O.C.G.A. Sec. 35-8-7
History. Original Rule entitled "Denial of Registration" was filed on July 7, 1978; effective July 27, 1978.
Amended: Rule repealed and a new Rule entitled "Financial Requirements" adopted. Filed March 2, 1988; effective March 22, 1988.
Repealed: F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-5-.13 Advisory Board

All certified regional academies which offer in-service training courses shall have a regional academy advisory board whose composition, functions, duties and methods of selection shall be determined by Council.

History

Authority: O.C.G.A. Sec. 35-8-7
History. Original Rule entitled "Suspension or Revocation of Registration" was filed on July 7, 1978; effective July 27, 1978.
Amended: Filed June 8, 1984; effective June 28, 1984.
Amended: Rule repealed and a new Rule entitled "Advisory Board" adopted. Filed March 2, 1988; effective March 22, 1988.
Repealed: New Rule, same title adopted. F. Mar. 19, 1998; Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-5-.14 Recognition of Courses

The Council may certify or recognize any advanced/specialized training course that is conducted by a certified school or by an institution other than a certified school, provided such school or institution has complied with all rules, policies, guidelines, and procedures adopted by Council.

History

Authority: O.C.G.A. Sec. 35-8-7
History. Original Rule entitled "Recognition of Courses" was filed on March 2, 1988; effective March 22, 1988.
Repealed: New Rule, same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-5-.15 Period of Certification. Annual Renewals

Certification shall continue in effect for twelve calendar months commencing with the award of a certificate. The Council shall evaluate each certified school within twelve calendar months commencing with the award of a certificate and annually thereafter to determine continued compliance with the qualification requirements of this Chapter, adherence to contractual obligations, and maintenance of acceptable instructional quality. The Council shall award letters of renewal to schools found in continued compliance. Any certified school shall, upon notice from the Council of a pending audit, provide whatever documentation to Council as requested to assist in the audit.

History

Authority: O.C.G.A. § 35-8-7(23)
History. Original Rule entitled "Period of Certification. Annual Renewals" adopted. F. Mar. 2, 1988; eff. Mar. 22, 1988.
Repealed: New Rule of same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.
Amended: F. Feb. 2, 2021; eff. Feb. 22, 2021.

Ga. Comp. R. & Regs. r. 464-5-.16 Failure to Comply

The Council shall deny certification to any school which fails to comply with the certification provisions of this Chapter. The Council may suspend, revoke, place on probation, reprimand or refuse to renew certification of any school at any time, which fails to maintain the qualifications provided for in this Chapter.

History

Authority: Authority O.C.G.A. Sec. 35-8-7
History. Original Rule entitled "Failure to Comply" adopted. F. Mar. 2, 1988; eff. Mar. 22, 1988.
Repealed: New Rule of same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.
Amended: F. Apr. 9, 2007; eff. Apr. 29, 2007.

Ga. Comp. R. & Regs. r. 464-5-.17 Reapplication: Reinstatement

Any school to which certification has been denied or whose certification has been revoked or has lapsed may reapply or petition the Council for re-certification no sooner than six months after action by Council becomes final. The Council may require a hearing at which time an affected school shall show cause why its application should be accepted or its petition granted.

History

Authority: O.C.G.A. Sec. 35-8-7
History. Original Rule entitled "Reapplication: Reinstatement" adopted. F. Mar. 2, 1988; eff. Mar. 22, 1988.
Repealed: New Rule of same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-5-.18 Information and Inspection

Any school certified or seeking certification under these Rules shall supply such information or assist in such reasonable inspection as the Council deems necessary.

History

Authority: O.C.G.A. Sec. 35-8-7
History. Original Rule entitled "Information and Inspection" adopted. F. Mar. 2, 1988; eff. Mar. 22, 1988.
Repealed: New Rule of same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-5-.19 School Director Certification. Amended

In order that a school director be qualified for certification under these Rules the following requirements shall be met:

(a)

At the time of making application for certification under these Rules, a school director shall:

1. be a candidate for full-time employment and qualified for instructor certification in accordance with these Rules;

2. possess a baccalaureate degree from an accredited institution of higher learning;

3. have at least five years' experience in criminal justice;

4. possess good moral character.

(b) No school director shall be certified under these Rules without having completed an application, as required by Council. Said application shall be submitted within ninety (90) days of appointment as a school director.

History

Authority: O.C.G.A. § 35-8-7(23)
History. Original Rule entitled "School Director Certification" adopted. F. Mar. 2, 1988; eff. Mar. 22, 1988.
Repealed: New Rule of same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.
Amended: F. Dec. 18, 2007; eff. Jan. 7, 2008.
Amended: New title "School Director Certification. Amended." F. Feb. 2, 2021; eff. Feb. 22, 2021.

Ga. Comp. R. & Regs. r. 464-5-.20 Emergency Suspension for Failure to Maintain Training

(1) Beginning January 1, 2013, POST shall review the status of each officer's training record in accordance with O.C.G.A. 35-8-21 . A review will be made of the officer's previous calendar year training. Any peace officer who does not fulfill the training requirements of this Code section shall lose his power of arrest and POST shall issue a suspension of their certification as provided in O.C.G.A. 35-8-7.1(b)(1) .

(2) Upon review of the record and a determination that the officer is out of compliance with O.C.G.A. 35-8-21 , the executive director of the council shall order the emergency suspension of such officer's certification. The order of emergency suspension shall be made in writing and shall specify the basis for the executive director's determination. The emergency suspension order of the executive director shall continue in effect until such time as proof of compliance with O.C.G.A. 35-8-21 . At that time, the order is withdrawn by the executive director.

(3) The affected officer shall be notified via U.S. Mail of the Council's action and of the affected party's right to request a hearing as provided in Section 464-8 as amended of P.O.S.T. Council Rules.

(4) The employing agency of the affected officer shall also be notified of Council's action by forwarding a copy of the notice to the employing agency via U.S. Mail.

History

Authority: O.C.G.A. § 35-8-7(23)
History. Original Rule entitled "Emergency Suspension for Failure to Maintain Training" adopted. F. Jun. 19, 2012; eff. July 9, 2012.
Amended: F. Sep. 17, 2021; eff. Oct. 7, 2021.

Ga. Comp. R. & Regs. r. 464-5-.21 Limited Purpose School (Academy)

(1)

Definition.

(a) A Limited Purpose School (Academy) is defined as an academy that exists solely to provide a single type of mandated certification training such as Basic Jail Officer Training, Basic Communications Officer Training, and Forensic Investigator Training, and other mandated courses as identified by the Council.

(b) Basic Law Enforcement Officer Training (Mandate) shall not be included in this definition.

(2)

Limited Purpose Schools Required to be Certified.

(a) The number of certified Limited Purpose Schools shall be limited by the Council and all schools seeking certification shall, prior to the submission of application for certification, satisfy the Council of such need for an additional school based upon a training workload need beyond the capacity and capabilities of the existing schools or academies.

(b) If the Council determines that such need does not exist, the Council shall notify the applicant thereof, and, upon request by the applicant, afford due notice and opportunity for hearing.

(c) If the Council, after affording such notice and opportunity for hearing, finds the need is not such to justify an additional academy, the applicant shall be advised in writing of the findings upon which such determination is based.

(3)

Application for Certification of Limited Purpose Schools (Academies).

(a) Every agency or organ of this State, subdivision, or municipality thereof seeking Limited Purpose School certification shall make application on forms furnished by the Council and, in connection therewith, the Council shall require all answers to questions be under oath and that the applicant supply all information, and furnish all certificates, affidavits, and other requested supporting data.

(b) In all cases the application shall be made in the name of the agency or organ of this State, subdivision, or municipality, and the application shall show that the certification is for the use of the applicant.

(4)

Limited Purpose School (Academy) Requirements.

(a) In order that a Limited Purpose School be qualified for certification under these Rules, all facilities and equipment related to administration of instructional courses shall be subject to inspection by POST Staff to ensure that the facilities are in compliance with applicable municipal, county, State, and federal fire, sanitation, building, and the Council regulations.

(b) Copies of inspection reports shall be made available to the Council upon request as evidence of compliance with said regulations; otherwise, a letter documenting compliance shall accompany the application.

(5)

Limited Purpose School (Academy) Director

(a) A certified Limited Purpose School shall employ a Director who is certified by the Council. The Director of the Limited Purpose School shall function solely as the Director during the administration of courses at the Limited Purpose School. When mandated training is being conducted, the Limited Purpose Academy Director shall have no additional duties assigned by the sponsoring agency which conflict with his/her duties as said Director.

(b) If the Limited Purpose School Director becomes incapacitated or otherwise unavailable, an acting Limited Purpose School Director shall be appointed for a period of time as is reasonable for the sponsoring agency to employ and certify a new Limited Purpose School Director.

(c)

In order that a Limited Purpose School Director be qualified for certification under these Rules the following requirements shall be met:

At the time of making application for certification under these rules, a Limited Purpose School Director shall:

(i) Be qualified for instructor certification in accordance with Council Rules;

(ii) Have at least five years' experience in criminal justice;

(iii) Possess good moral character.

2. No Limited Purpose School Director shall be certified under these Rules without having completed an application as required by the Council. Said application shall be submitted within ninety (90) days of appointment as a Limited Purpose School Director.

(6)

Limited Purpose School (Academy) Instructor Requirements.

(a) Any person employed or utilized as staff or faculty of a certified Limited Purpose School shall be required to be a Level II (General) Instructor or higher as defined by Council rules. No Level I Instructors will be permitted to teach Basic Certification Courses at a Limited Purpose School (Academy).

(7)

Limited Purpose School (Academy) Advisory Board.

(a) There shall be no requirement for an advisory board of a Limited Purpose School.

(8)

Limited Purpose School (Academy) Period of Certification. Annual Renewals.

(a) Certification of a Limited Purpose Academy shall continue in effect for twelve calendar months commencing with the award of a certificate. The Council shall evaluate each certified Limited Purpose School within twelve calendar months commencing with the award of the certificate and annually thereafter to determine continued compliance with the qualification requirements of Council rules, adherence to contractual obligations, and maintenance of acceptable instructional quality.

(b) The Council shall award letters of renewal to schools found in continued compliance. Any certified Limited Purpose School shall, upon notice from the Council of a pending audit, provide whatever documentation to Council as requested to assist in the audit.

(9)

Failure to Comply. Limited Purpose Schools.

(a) The Council shall deny certification to any Limited Purpose School which fails to comply with the certification provisions of this Chapter.

(b) The Council may suspend, revoke, place on probation, reprimand, or refuse to renew the certification at any time of any Limited Purpose School which fails to maintain the qualifications provided by this Chapter.

(10)

Reapplication: Reinstatement. Limited Purpose Schools.

(a) Any Limited Purpose School to which certification has been denied, has been revoked, or has lapsed, may reapply or petition the Council for re-certification no sooner than six months after action by the Council becomes final.

(b) The Council may require a hearing at which time an affected School shall show cause why its application should be accepted or its petition granted.

(11)

Information and Inspection.

(a) Any Limited Purpose School certified or seeking certification under these Rules shall supply such information or assist in such reasonable inspection as the Council deems necessary.

History

Authority: O.C.G.A. § 35-8-7 (23)
History. Original Rule entitled "Limited Purpose School (Academy)" adopted. F. Dec. 29, 2023; eff. Jan. 18, 2024.

Chapter 464-6 Instructor Certification

Ga. Comp. R. & Regs. r. 464-6-.01 Instructor Certification. Levels of Instructor

For the purposes of these rules, there shall be five levels of certification by which an instructor may become certified to teach in a course approved by the Council:

(a) Level I-Basic/In-service Instructor;

(b) Level II-Advanced Instructor;

(d) Level III-Senior Instructor; and

(e) Level IV-Master Instructor.

History

Authority: O.C.G.A. § 35-8-7(23)
History. Original Rule entitled "Standards" adopted. F. Feb. 12, 1971; eff. Mar. 4, 1971.
Amended: F. June 7, 1974; eff. June 27, 1974.
Repealed: New Rule entitled "Right of Petition Established" adopted. F. Sept. 2, 1975; eff. Sept. 22, 1975.
Repealed: New Rule entitled "Basic Course" adopted. F. July 7, 1978; eff. July 27, 1978.
Repealed: New Rule of same title adopted. F. Mar. 13, 1985; eff. Apr. 2, 1985.
Repealed: New Rule entitled "General Instructor/Specialized Instructor" adopted. F. Mar. 2, 1988; eff. Mar. 22, 1988.
Repealed: New Rule of same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.
Repealed: New Rule entitled "Instructor Certification. Levels of Instructor" adopted. F. Jan. 9, 2023; eff. Jan. 29, 2023.

Ga. Comp. R. & Regs. r. 464-6-.02 Instructor Certification

(a) Any persons serving as a Level I (Basic) instructor may teach in-service courses as defined in the most recent Uniform Law Enforcement Academy Regulations (ULEAR) as adopted by the Council, at an agency level. A Level I certified instructor may also teach basic training as defined by the ULEAR under the supervision of any instructor engaged by assignment as a certified POST academy staff member or Level II or above adjunct faculty member.

(b) Any persons serving as a Level II instructor may teach Level I approved courses, and, in addition, basic training as defined by the ULEAR, and advanced level courses which lead to certifications other than topics governed by Level II-D certification. Level II certification is required for all staff acting as full-time instructors at any POST certified Academy.

History

Authority: O.C.G.A. § 35-8-7(23)
History. Original Rule entitled "Attendance" adopted. F. Feb. 12, 1971; eff. Mar. 4, 1971.
Repealed: New Rule entitled "Form of Petition" adopted. F. Sept. 2, 1975; eff. Sept. 22, 1975.
Repealed: New Rule entitled "In-Service Training Courses" adopted. F. July 7, 1978; eff. July 27, 1978.
Repealed: New Rule entitled "Refresher Training Courses" adopted. F. Mar. 13, 1985; eff. Apr. 2, 1985.
Repealed: New Rule entitled "Instructor Certification" adopted. F. Mar. 2, 1988; eff. Mar. 22, 1988.
Repealed: New Rule of same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.
Repealed: New Rule of same title adopted. F. Jan. 9, 2023; eff. Jan. 29, 2023.

Ga. Comp. R. & Regs. r. 464-6-.03 Competency Required for Instructor Level I Certification

To qualify for certification as an instructor under these Rules, an applicant shall demonstrate competency to teach.

(a)

Competency shall be evaluated in terms of three abilities, as follows:

1. possession of requisite skills and knowledge;

2. demonstration of effective presentation skills and knowledge in a classroom situation; and

3. organization of requisite skills and knowledge.

(b) Competency with respect to possession of requisite skills and knowledge is demonstrated when an applicant provides suitable evidence of a high school diploma, or its recognized equivalent, and direct experience.

(c)

Competency with respect to organization of requisite skills and knowledge is demonstrated when an applicant provides suitable evidence of the following:

1. successful completion of the Georgia Peace Officer Standards and Training instructor course or its recognized equivalent; and

2. academy director authorization for certification upon successful completion of Level I course of instruction.

(d) Suitable evidence of applicant's competency in each of the three abilities (possession of requisite skills, organization of skills and demonstration of effective presentation) shall be reflected in an application form provided by the Council. No applicant shall be certified as a Level I instructor in accordance with these Rules unless application is made in such form as the Council may establish.

History

Authority: O.C.G.A. § 35-8-7(23)
History. Original Rule entitled "Notebooks" adopted. F. Feb. 12, 1971; eff. Mar. 4, 1971.
Repealed: New Rule entitled "Proceeding on Petition" adopted. F. Sept. 2, 1975; eff. Sept. 22, 1975.
Repealed: New Rule entitled "Advanced Specialized Courses" adopted. F. July 7, 1978; eff. July 27, 1978.
Repealed: New Rule of same title adopted. F. Mar. 13, 1985; eff. Apr. 2, 1985.
Repealed: New Rule entitled "General Instructor Certification" adopted. F. Mar. 2, 1988; eff. Mar. 22, 1988.
Repealed: New Rule of same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.
Repealed: New Rule entitled "Competency Required for Instructor Level I Certification" adopted. F. Jan. 9, 2023; eff. Jan. 29, 2023.

Ga. Comp. R. & Regs. r. 464-6-.04 Competency Required for Instructor Level II Certification

To qualify for certification as an instructor under these Rules, an applicant shall demonstrate competency to teach.

(a)

Competency shall be evaluated in terms of three abilities, as follows:

1. possession of requisite skills and knowledge;

2. demonstration of effective presentation skills and knowledge in a classroom situation; and

3. organization of requisite skills and knowledge.

(c)

Competency with respect to organization of requisite skills and knowledge is demonstrated when an applicant provides suitable evidence of the following:

1. successful completion of the Georgia Peace Officer Standards and Training Level II Instructor Course or its recognized equivalent; and

2. academy director authorization for certification upon successful completion of Level II course of instruction.

(d) Suitable evidence of applicant's competency in each of the three abilities (possession of requisite skills, organization of skills and demonstration of effective presentation) shall be reflected in an application form provided by the Council. No applicant shall be certified as a Level II instructor in accordance with these Rules unless application is made in such form as the Council may establish.

History

Authority: O.C.G.A. § 35-8-7(23)
History. Original Rule entitled "Grades" was filed on February 12, 1971; effective March 4, 1971.
Amended: Filed December 13, 1974; effective January 2, 1975.
Amended: Rule repealed. Filed September 2, 1975; effective September 22, 1975.
Amended: Rule entitled "Instructor Training Course" adopted. Filed July 7, 1978; effective July 27, 1978.
Amended: Rule repealed and a new Rule of the same title adopted. Filed March 13, 1985; effective April 2, 1985.
Amended: Rule repealed and a new Rule entitled "Competency Required for General Instructor Certification" adopted. Filed March 2, 1988; effective March 22, 1988.
Repealed: New Rule, same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.
Repealed: New Rule entitled "Competency Required for Instructor Level II Certification" adopted. F. Jan. 9, 2023; eff. Jan. 29, 2023.

Ga. Comp. R. & Regs. r. 464-6-.05 Designated Instructor Certification

Any persons serving as an instructor in the following subjects must be certified as a Level II-D (Designated) instructor in accordance with these rules:

(a) Firearms

(b) Defensive Tactics

(d) Speed Detection

(e) Hazardous Materials

(f) Emergency Medical

(g) Master Resiliency

(h) Use of Force

(i) Standardized Field Sobriety Testing (SFST)

(j) Precision Immobilization Technique (PIT)

(k) Motorcycle

(l) Drug Recognition Expert (DRE)

History

Authority: O.C.G.A. § 35-8-7(23)
History. Original Rule entitled "Prior Employed Applicants" adopted. F. Feb. 12, 1971; eff. Mar. 4, 1971.
Repealed: F. Sept. 2, 1975; eff. Sept. 22, 1975.
Amended: Rule entitled "Schools Required To Be Certified" adopted. F. July 7, 1978; eff. July 27, 1978.
Amended: Rule repealed and a new Rule of the same title adopted. F. Mar. 13, 1985; eff. Apr. 2, 1985.
Amended: Rule repealed and a new Rule entitled "Specialized Instructor Certification" adopted. F. Mar. 2, 1988; eff. Mar. 22, 1988.
Amended: F. Sept. 7, 1989; eff. Sept. 27, 1989.
Amended: F. Jan. 11, 1991; eff. Jan. 31, 1991.
Repealed: New Rule, same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.
Amended: F. Apr. 9, 2007; eff. Apr. 29, 2007.
Amended: F. July 2, 2021; eff. July 22, 2021.
Repealed: New Rule entitled "Designated Instructor Certification" adopted. F. Jan. 9, 2023; eff. Jan. 29, 2023.
Amended: F. Dec. 27, 2024; eff. Jan. 16, 2025.

Ga. Comp. R. & Regs. r. 464-6-.06 Competency Required for Designated Instructor Certification (Level II-D)

To qualify for certification as a Level II-D instructor under these Rules, an applicant shall demonstrate competency to teach.

(a)

Competency shall be evaluated in terms of the following;

1. Successful completion of the Georgia Peace Officer Standards and Training Council Level II instructor training course; and

2. Successful completion of designated Council approved training in the subject of expertise.

(b) Suitable evidence of applicant competency shall be reflected in an application form provided by the Council.

History

Authority: O.C.G.A. § 35-8-7(23)
History. Original Rule entitled "Revocation of Certificate" was filed on May 31, 1973; effective June 20, 1973.
Amended: Rule repealed. Filed September 2, 1975; effective September 22, 1975.
Amended: Rule entitled "Number of Certified Schools" adopted. Filed July 7, 1978; effective July 27, 1978.
Amended: Rule repealed and a new Rule of the same title adopted. Filed March 13, 1985; effective April 2, 1985.
Amended: Rule repealed and a new Rule entitled "Competency Required for Specialized Instructor Certification" adopted. Filed March 2, 1988; effective March 22, 1988.
Repealed: New Rule, same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.
Repealed: New Rule entitled "Competency Required for Designated Instructor Certification (Level II-D)" adopted. F. Jan. 9, 2023; eff. Jan. 29, 2023.

Ga. Comp. R. & Regs. r. 464-6-.07 Level III (Senior) Instructor Certification and Level IV (Master) Instructor Certification

(a)

Each person applying for Level III (Senior) Instructor level certification must demonstrate a competency to teach.

1. Competency shall be evaluated in terms of three abilities, as follows: possession of requisite skills and knowledge;

2. organization of skills and knowledge in a written form suitable for teaching; and

demonstration of effective presentation skills and knowledge in a classroom situation.

(i) Competency with respect to possession of knowledge of requisite skills and knowledge is demonstrated when an applicant provides suitable evidence of a high school diploma or its recognized equivalent.

(ii)

Competency with respect to organization of requisite skills and knowledge is demonstrated when an applicant provides suitable evidence of the following:

1. successful completion of the Georgia Peace Officer Standards and Training Level III Instructor Courses; and

2. academy director authorization for certification.

(iii)

Competency with respect to classroom presentation of requisite skills and knowledge is demonstrated when an applicant provides suitable evidence of the following:

1. successful completion of the Georgia Peace Officer and Standards Training Instructor Courses; and

2. successful completion of both written and performance examinations approved by Council in which curriculum development, presentation skills, and knowledge are tested.

(iv) Suitable evidence of applicant's competency in each of the three abilities (possession of requisite skills, organization of skills, and demonstration of effective presentation) shall be reflected in an application form provided by the Council. No applicant shall be certified as an instructor in accordance with these rules unless application is made in such form as the Council may establish.

(b)

Level IV (Master Instructor Certification Requirements)

Each person applying for Master Level certification must:

(i) Possess or be able to possess the Level III (Senior) Instructor Certificate;

(ii) Demonstrate competency to teach.

Competency shall be evaluated in terms of three abilities as follow:

(i) possession of requisite skills and knowledge;

(ii) organization of skills and knowledge in a written form suitable for teaching; and

(iii) demonstration of contemporary training course development skills and knowledge in a classroom situation.

Competency with respect to organization of requisite skills and knowledge is demonstrated when an applicant provides suitable evidence of the following:

(i) successful completion of the Georgia Peace Officer Standards and Training Level IV Instructor Course; and

(ii) academy director authorization for certification.

Competency with respect to classroom presentation of requisite skills and knowledge is demonstrated when an applicant provides suitable evidence of one of the following:

(i) successful completion of the Georgia Peace Officer Standards and Training Level IV Instructor Course; and

(ii) successful completion of both written and performance examinations approved by the Council in which teaching presentation skills and knowledge are tested.

5. Suitable evidence of applicant's competency in each of the three abilities (possession of requisite skills, organization of skills, and demonstration of training course development) shall be reflected in an application form provided by the Council. No applicant shall be certified as an instructor in accordance with these rules unless application is made in such form as the Council may establish.

(c)

Individuals in the process of completion of Senior and Master Level Instructor Certification as of January 1, 2023 shall have two (2) years to complete said certification(s). Any person in the process of obtaining Senior and Master Level Instructor Certifications that fails to complete the requirements by January 1, 2025 shall forfeit their credit hours and be required to begin seeking Level III and Level IV Instructor Certification under these revised rules.

1. Individuals possessing General Instructor, Specialized Instructor (Driver Training, Firearms, Speed Detection, Defensive Tactics, Emergency Medical, Hazmat, and Master Resiliency) Certifications, as well as Senior and Master Instructor levels as of January 1, 2023 will be "grandfathered in," maintaining their ability to teach in their previously certified areas.

History

Authority: O.C.G.A. § 35-8-7(23)
History. Original Rule entitled "Application for Certification" was filed on July 7, 1978; effective July 27, 1978.
Amended: Rule repealed and a new Rule of the same title adopted. Filed March 13, 1985; effective April 2, 1985.
Amended: Rule repealed and a new Rule entitled "Instructor Application" adopted. Filed March 2, 1988; effective March 22, 1988.
Repealed: New Rule, same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.
Repealed: New Rule entitled "Level III (Senior) Instructor Certification and Level IV (Master) Instructor Certification" adopted. F. Jan. 9, 2023; eff. Jan. 29, 2023.

Ga. Comp. R. & Regs. r. 464-6-.08 Guest Instructor Recognition. Amended

Because of the inherent nature of certain professions or particular skill levels achieved, certain individuals may be requested to instruct. Such persons shall be designated as guest instructors and shall be recognized by Council as such. Guest Instructor recognition shall be granted only by the written request of the academy director or a professional criminal justice association recognized by the Georgia Peace Officer Standards and Training Council. No Georgia certified officer shall be recognized as a guest instructor unless they have been awarded a "terminal degree" in the area of expertise that they are requesting to instruct.

A "terminal degree" is defined as the highest degree available in any given academic discipline.

Common examples of terminal degrees are Juris Doctorate (JD), Doctor of Philosophy (PhD) and Doctor of Medicine (MD).

POST shall have the sole determination in deeming an individual's terminal degree as sufficient to instruct in any given subject regardless of whether they hold a peace officer certification in the State of Georgia.

History

Authority: O.C.G.A. § 35-8-7(23)
History. Original Rule entitled "School (Academy) Requirements" was filed on July 7, 1978; effective July 27, 1978.
Amended: Rule repealed and a new Rule of the same title adopted. Filed March 13, 1985; effective April 2, 1985.
Amended: Rule repealed and a new Rule entitled "Guest and Professional Instructor Recognition" adopted. Filed March 2, 1988; effective March 22, 1988.
Repealed: New Rule entitled "Guest Instructor Recognition" adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.
Amended: New title "Guest Instructor Recognition. Amended." F. Feb. 2, 2021; eff. Feb. 22, 2021.
Amended: F. July 2, 2021; eff. July 22, 2021.

Ga. Comp. R. & Regs. r. 464-6-.09 Repealed

History

Authority: O.C.G.A. Sec. 35-8-7
History. Original Rule entitled "Operational Requirements" adopted. F. July 7, 1978; eff. July 27, 1978.
Repealed: New Rule of same title adopted. F. Mar. 13, 1985; eff. Apr. 2, 1985.
Repealed: New Rule entitled "Probationary Status" adopted. F. Mar. 2, 1988; eff. Mar. 22, 1988.
Repealed: New Rule of same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.
Repealed. F. June 19, 2012: eff. July 9, 2012.

Ga. Comp. R. & Regs. r. 464-6-.10 Decertification

The Council may withdraw or suspend the certification of any instructor when it is determined that an instructor has:

(a) Violated any portion of Georgia Code 35-8-7.1 (Authority of Council to refuse certificate to applicant or to discipline certified peace officer or exempt peace officer; grounds; restoration of certificate);

(b) exhibited gross or patterned physical or verbal abuse of students;

(d) intentionally or negligently endangered the safety of students or other instructors;

(e) failed to comply with the Rules of an academy or Council approved association.

History

Authority: Authority O.C.G.A. Sec. 35-8-7
History. Original Rule entitled "Financial Requirements" adopted. F. July 7, 1978; eff. July 27, 1978.
Repealed: New Rule of same title adopted. F. Mar. 13, 1985; eff. Apr. 2, 1985.
Repealed: New Rule entitled "Active Status - General Instructor" adopted. F. Mar. 2, 1988; eff. Mar. 22, 1988.
Repealed: New Rule of same title adopted. F. Dec. 7, 1989; eff. Dec. 27, 1989.
Repealed: F. Sept. 17, 1996; eff. Oct. 7, 1996.
Amended: New Rule entitled "Decertification" adopted. F. Sept. 28, 2006; eff. Oct. 18, 2006.

Ga. Comp. R. & Regs. r. 464-6-.11 Emergency Instructor Certification

The Chairman and Executive Director of the Council, if in agreement, may, in an emergency situation, temporarily suspend the certification of any instructor, pending a meeting of the full Council, when it is determined that a meeting of the full Council will not be held for at least thirty days and it is determined, after notice and an opportunity to be heard, that an instructor has intentionally or negligently endangered the safety of students or other instructors. Said suspension shall be effective only until the next meeting of the full Council.

History

Authority: Authority O.C.G.A. Sec. 35-8-7
History. Original Rule entitled "Advisory Board" adopted. F. July 7, 1978; eff. July 27, 1978.
Repealed: New Rule of same title adopted. F. Mar. 13, 1985; eff. Apr. 2, 1985.
Repealed: New Rule entitled "Active Status - Specialized Instructor" adopted. F. Mar. 2, 1988; eff. Mar. 22, 1988.
Repealed: New Rule of same title adopted. F. Dec. 7, 1989; eff. Dec. 27, 1989.
Repealed: F. Sept. 17, 1996; eff. Oct. 7, 1996.
Amended: New Rule entitled "Emergency Instructor Certification Suspension" adopted. F. Sept. 28, 2006; eff. Oct. 18, 2006.

Ga. Comp. R. & Regs. r. 464-6-.12 Repealed

History

Authority: Authority O.C.G.A. Secs. 35-8, 35-8-7
History. Original Rule entitled "Recognition of Courses" adopted. F. July 7, 1978; eff. July 27, 1978.
Repealed: New Rule of same title adopted. F. Mar. 13, 1985; eff. Apr. 2, 1985.
Repealed: New Rule entitled "Decertification" adopted. F. Mar. 2, 1988; eff. Mar. 22, 1988.
Repealed: New Rule of same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1988.
Repealed: F. Sept. 28, 2006; eff. Oct. 18, 2006.

Ga. Comp. R. & Regs. r. 464-6-.13 Senior/Master Instructor Trainer Requirements

P.O.S.T. certified instructors may become senior and master instructor trainers by teaching in the P.O.S.T. Instructor Training Course (ITC).

(a)

Requirements for Senior Instructor trainer certification are:

1. Submission of application by a General or Specialized Instructor, approved by academy director or recognized state training organization;

2. Observation of a Senior/Master Instructor Trainer by applicant of a block of instruction designated in application;

3. Supervision of applicant teaching the designated topic by a Senior/ Master Instructor Trainer;

4. Submission of application/evaluation to P.O.S.T. Training Standards Division.

(b)

Requirements for achieving the Master Instructor Trainer Certificate are:

1. Senior Instructor Trainer Certification;

Accumulation of twenty (20) instructional points obtained as follows:

(i) Ten (10) of the points by instructing in the ITC; one (1) point only per ITC:

(ii) Student lesson plan/presentation evaluation; one (1) point per ITC.

3. If an instructor teaches and evaluated in an ITC, he/she can only acquire one (1) point. An applicant may accumulate more than ten (10) of the twenty (20) points by teaching; however, the applicant may not claim more than ten (10) points earned from evaluations.

4. Submission of application for Master Instructor Trainer to P.O.S.T. Training Standards Division.

History

Authority: O.C.G.A. Sec. 35-8-7
History. Original Rule entitled "Failure to Comply; Recognition" was filed on July 7, 1978; effective July 27, 1978.
Amended: Rule repealed and a new Rule entitled "FAilure to Comply; Courses" adopted. Filed March 13, 1985; effective April 2, 1985.
Amended: Rule repealed. Filed March 2, 1988; effective March 22, 1988.
Amended: New Rule entitled,"Senior/Master Instructor Trainer Requirements" adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-6-.14 Repealed

History

Authority: O.C.G.A. Sec. 35-8
History. Original Rule entitled "Period of Certification; Annual Renewals" was filed on July 7, 1978; effective July 27, 1978.
Amended: Rule repealed and a new Rule of the same title adopted. Filed March 13, 1985; effective April 2, 1985.
Amended: Rule repealed. Filed March 2, 1988; effective March 22, 1988.

Ga. Comp. R. & Regs. r. 464-6-.15 Repealed

History

Authority: O.C.G.A. Sec. 35-8
History. Original Rule entitled "Failure to Comply; Academy" was filed on July 7, 1978; effective July 27, 1978.
Amended: Rule repealed and a new Rule entitled "Failure to Comply; School" adopted. Filed March 13, 1985; effective April 2, 1985.
Amended: Rule repealed. Filed March 2, 1988; effective March 22, 1988.

Ga. Comp. R. & Regs. r. 464-6-.16 Repealed

History

Authority: O.C.G.A. Sec. 35-8, 35-8-7(8)
History. Original Rule entitled "Reapplication; Reinstatement" was filed on July 7, 1978; effective July 27, 1978.
Amended: Rule repealed and a new Rule of same title adopted. Filed March 13, 1985; effective April 2, 1985.
Amended: Rule repealed. Filed March 2, 1988; effective March 22, 1988.
Repealed: New Rule entitled "Senior/Master Instructor Trainer Requirements" adopted. F. Jan. 11, 1991; eff. Jan. 31, 1991.
Repealed: F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-6-.17 Repealed

History

Authority: O.C.G.A. Sec. 35-8
History. Original Rule entitled "Information and Inspection" was filed on July 7, 1978; effective July 27, 1978.
Amended: Rule repealed and a new Rule of same title adopted. Filed March 13, 1985; effective April 2, 1985.
Amended: Rule repealed. Filed March 2, 1988; effective March 22, 1988.

Ga. Comp. R. & Regs. r. 464-6-.18 Repealed

History

Authority: O.C.G.A. Sec. 35-8
History. Original Rule entitled "School Director Certification" was filed on July 7, 1978; effective July 27, 1978.
Amended: Rule repealed and a new Rule of same title adopted. Filed March 13, 1985; effective April 2, 1985.
Amended: Rule repealed. Filed March 2, 1988; effective March 22, 1988.

Ga. Comp. R. & Regs. r. 464-6-.19 Repealed

History

Authority: O.C.G.A. Sec. 35-8
History. Original Rule entitled "Duties of a School Director" was filed on July 7, 1978; effective July 27, 1978.
Amended: Rule repealed and a new Rule entitled "School Director Decertification" adopted. Filed March 13, 1985; effective April 2, 1985.
Amended: Rule repealed. Filed March 2, 1988; effective March 22, 1988.

Ga. Comp. R. & Regs. r. 464-6-.20 Repealed

History

Authority: O.C.G.A. Sec. 35-8
History. Original Rule entitled "Associate Instructor Certification and Instructor Certification" was filed on July 7, 1978; effective July 27, 1978.
Amended: Rule repealed and a new Rule entitled "Duties of a School Director" adopted. Filed March 13, 1985; effective April 2, 1985.
Amended: Rule repealed. Filed March 2, 1988; effective March 22, 1988.

Ga. Comp. R. & Regs. r. 464-6-.21 Repealed

History

Authority: O.C.G.A. Sec. 35-8
History. Original Rule entitled "Instructional Certification" was filed on July 7, 1978; effective July 27, 1978.
Amended: Rule repealed and a new Rule entitled "Associate Instructor Certification and Instructor Certification" adopted. Filed March 13, 1985; effective April 2, 1985.
Amended: Rule repealed. Filed March 2, 1988; effective March 22, 1988.

Ga. Comp. R. & Regs. r. 464-6-.22 Repealed

History

Authority: O.C.G.A. Sec. 35-8
History. Original Rule entitled "Associate Instructor Certification" was filed on July 7, 1978; effective July 27, 1978.
Amended: Rule repealed and a new Rule entitled "Instructional Certification" was adopted. Filed March 13, 1985; effective April 2, 1985.
Amended: Rule repealed. Filed March 2, 1988; effective March 22, 1988.

Ga. Comp. R. & Regs. r. 464-6-.23 Repealed

History

Authority: O.C.G.A. Sec. 35-8
History. Original Rule entitled "Primary and Alternate Instructors" was filed on July 7, 1978; effective July 27, 1978.
Amended: Rule repealed and a new Rule entitled "Associate Instructor Certification" adopted. Filed March 13, 1985; effective April 2, 1985.
Amended: Rule repealed. Filed March 2, 1988; effective March 22, 1988.

Ga. Comp. R. & Regs. r. 464-6-.24 Repealed

History

Authority: O.C.G.A. Sec. 35-8
History. Original Rule entitled "Instructor Certification" was filed on July 7, 1978; effective July 27, 1978.
Amended: Rule repealed and a new Rule entitled "Primary, Assistant and Alternate Instructors" adopted. Filed March 13, 1985; effective April 2, 1985.
Amended: Rule repealed. Filed March 2, 1988; effective March 22, 1988.

Ga. Comp. R. & Regs. r. 464-6-.25 Repealed

History

Authority: O.C.G.A. Sec. 35-8
History. Original Rule entitled "Competency Required for Instructor Certification" was filed on July 7, 1978; effective July 27, 1978.
Amended: Rule repealed and a new Rule entitled "Instructor Certification" adopted. Filed March 13, 1985; effective April 2, 1985.
Amended: Rule repealed. Filed March 2, 1988; effective March 22, 1988.

Ga. Comp. R. & Regs. r. 464-6-.26 Repealed

History

Authority: O.C.G.A. Sec. 35-8
History. Original Rule entitled "Recertification" was filed on July 7, 1978; effective July 27, 1978.
Amended: Rule repealed and a new Rule entitled "Competency Required for Instructor Certification" adopted. Filed March 13, 1985; effective April 2, 1985.
Amended: Rule repealed. Filed March 2, 1988; effective March 22, 1988.

Ga. Comp. R. & Regs. r. 464-6-.27 Repealed

History

Authority: O.C.G.A. Sec. 35-8
History. Original Rule entitled "Failure to Comply; Instructor" was filed on July 7, 1978; effective July 27, 1978.
Amended: Rule repealed and a new Rule entitled "Recertification" adopted. Filed March 13, 1985; effective April 2, 1985.
Amended: Rule repealed. Filed March 2, 1988; effective March 22, 1988.

Ga. Comp. R. & Regs. r. 464-6-.28 Repealed

History

Authority: O.C.G.A. Sec. 35-8
History. Original Rule entitled "Decertification" was filed on March 13, 1985; effective April 2, 1985.
Amended: Rule repealed. Filed March 2, 1988; effective March 22, 1988.

Chapter 464-7 Pre-Investigative Consent Orders

Ga. Comp. R. & Regs. r. 464-7-.01 Pre-Investigative Consent Order Defined

(a) Pre-investigative consent agreements may be entered into by Georgia POST Council and an applicant/candidate for certification or person certified pursuant to O.C.G.A. Title 35, Chapter 8. POST Council may issue a pre-investigative consent order in situations in which the individual agrees to the imposition of certain disciplinary sanctions in accordance with O.C.G.A. Title 35, Chapter 8, Section 7.1.

(b) Entering into a consent agreement resulting in a consent order is entirely voluntary and any person entering into such agreement waives all other proceedings, hearings and processes normally associated with actions taken by POST Council.

History

Authority: O.C.G.A. 35-8-7(23)
History. Original Rule entitled "Qualifications" was filed on April 13, 1972; effective May 3, 1972.
Amended: Rule repealed. Filed September 2, 1975; effective September 22, 1975.
Amended: Rule entitled "Forms Required for Peace Officer Certification" adopted. Filed March 22, 1976; effective April 11, 1976.
Amended: Filed October 12, 1976; effective November 1, 1976.
Amended: Rule repealed and a new Rule entitled "Intent" adopted. Filed July 7, 1978; effective July 27, 1978.
Amended: Rule repealed and a new Rule of the same title adopted. Filed March 2, 1988; effective March 22, 1988.
Repealed: F. Mar. 19, 1998; eff. Apr. 8, 1998.
Adopted: New rule entitled "Pre-Investigative Consent Order Defined." F. Dec. 21, 2015; eff. Jan. 10, 2016.

Ga. Comp. R. & Regs. r. 464-7-.02 Administration of Pre-Investigative Consent Orders

In certain instances, using guidelines approved by the POST Council, a pre-investigative consent order may be offered, in lieu of a full POST disciplinary investigation. Any such consent order agreed upon and finalized by the Executive Director and Chairman shall be deemed to be the final action of the Council. In cases in which no agreement is made, the Director of the Investigations Division of the Council shall assign the case to an investigator as in other cases.

History

Authority: OCGA 35-8-7(23)
History. Original Rule entitled "Exemption Certificate" was filed on April 13, 1972; effective May 3, 1972.
Amended: Rule repealed. Filed September 2, 1975; effective September 22, 1975.
Amended: Rule entitled "Forms Required for Admission to the Basic Course" adopted. Filed March 22, 1976; effective April 11, 1976.
Amended: Filed October 12, 1976; effective November 1, 1976.
Amended: Rule repealed and a new Rule entitled "Use of Funds" adopted. Filed July 7, 1978; effective July 27, 1978.
Amended: Rule repealed and a new Rule entitled "Funding of Candidates" adopted. Filed March 2, 1988; effective March 22, 1988.
Repealed: F. Mar. 19, 1998; eff. Apr. 8, 1998.
Adopted: New rule entitled "Administration of Pre-Investigative Consent Orders." F. Dec. 21, 2015; eff. Jan. 10, 2016.
Amended: F. Sep. 21, 2020; eff. Oct. 11, 2020.

Ga. Comp. R. & Regs. r. 464-7-.03 Circumstances When a Pre-Investigative Consent Order may be Rescinded

(a) A pre-investigative consent order may be rescinded by the Council if it is found to have been based on misleading, deceptive, untrue, or fraudulent information or documents submitted to POST Council or its staff.

(b) If a pre-investigative consent order is rescinded, the investigative matter shall be forwarded to the POST Investigations Division for review by the Council.

History

Authority: O.C.G.A. 35-8-7(23)
History. Original Rule entitled "Revocation of Certificate" was filed on April 13, 1972; effective May 3, 1972.
Amended: Rule repealed. Filed September 2, 1975; effective September 22, 1975.
Amended: Rule entitled "Forms Required for Admission to the Equivalency Examination" adopted. Filed October 12, 1976; effective November 1, 1976.
Amended: Rule repealed and a new Rule entitled "Application for Funding" adopted. Filed July 7, 1978; effective July 27, 1978.
Amended: Rule repealed and a new Rule of the same title adopted. Filed March 2, 1988; effective March 22, 1988.
Repealed: F. Mar. 19, 1998: eff. Apr. 8, 1998.
Adopted: New rule entitled "Circumstances When a Pre-Investigative Consent Order may be Rescinded." F. Dec. 21, 2015; eff. Jan. 10, 2016.

Ga. Comp. R. & Regs. r. 464-7-.04 Administrative Fee

An administrative fee, as prescribed by the Council, must be submitted with any final consent orders.

History

Authority: O.C.G.A. 35-8-7(23)
History. Original Rule entitled "Examinations of Estimates; Investigations" was filed on July 7, 1978; effective July 27, 1978.
Amended: Rule repealed and a new rule entitled "Examination of Estimates" adopted. Filed March 2, 1988; effective March 22, 1988.
Repealed: F. Mar. 19, 1998; eff. Apr. 8, 1998.
Adopted: New rule entitled "Administrative Fee." F. Dec. 21, 2015; eff. Jan. 10, 2016.

Ga. Comp. R. & Regs. r. 464-7-.05 Repealed

History

Authority: O.C.G.A. Sec. 35-8-7
History. Original Rule entitled "Familiarization of Council" was filed on July 7, 1978; effective July 27, 1978.
Amended: Rule repealed and a new Rule entitled "Adoption of Budget. Notification" adopted. Filed March 2, 1988; effective March 22, 1988.
Repealed: F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-7-.06 Repealed

History

Authority: O.C.G.A. 35-8-7
History. Original Rule entitled "Budget To Be Adopted By Council" was filed on July 7, 1978; effective July 27, 1978.
Amended: Rule repealed and a new Rule entitled "Acceptance of Budget" adopted. Filed March 2, 1988; effective March 22, 1988.
Repealed: F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-7-.07 Repealed

History

Authority: O.C.G.A. Sec. 35-8-7
History. Original Rule entitled "Adoption of Budget" was filed on July 7, 1978; effective July 27, 1978.
Amended: Rule repealed and a new Rule entitled "Expiration of Funds" adopted. Filed March 2, 1988; effective March 22, 1988.
Repealed: F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-7-.08 Repealed

History

Authority: O.C.G.A. Sec. 35-8-7
History. Original Rule entitled "Acceptance By Academy of Budget" was filed on July 7, 1978; effective July 27, 1978.
Amended: Rule repealed and a new Rule entitled "Governing of Expenditures" adopted. Filed March 2, 1988; effective March 22, 1988.
Repealed: F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-7-.09 Repealed

History

Authority: O.C.G.A. Sec. 35-8-7
History. Original Rule entitled "Expiration of Funds" was filed on July 7, 1978; effective July 27, 1978.
Amended: Rule repealed and a new Rule entitled "Expenditures to be Made in Accordance with State Law" adopted. Filed March 2, 1988; effective March 22, 1988.
Repealed: F. Mar. 18, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-7-.10 Repealed

History

Authority: O.C.G.A. Sec. 35-8-7
History. Original Rule entitled "Governing of Expenditures" was filed on July 7, 1978; effective July 27, 1978.
Amended: Rule repealed and a new Rule entitled "Transfer of Funds" adopted. Filed March 2, 1988; effective March 22, 1988.
Repealed: F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-7-.11 Repealed

History

Authority: O.C.G.A. Sec. 35-8-7
History. Original Rule entitled "Expenditures To Be Made In Accordance With State Law" was filed on July 7, 1978; effective July 27, 1978.
Amended: Rule repealed and a new Rule entitled "Withholding of Withdrawal or Funds" adopted. Filed March 2, 1988; effective March 22, 1988.
Repealed: F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-7-.12 Repealed

History

Authority: O.C.G.A. Sec. 35-8-7
History. Original Rule entitled "Transfer of Funds" was filed on July 7, 1978; effective July 27, 1978.
Amended: Rule repealed and a new Rule entitled "Fund Payments to Academies: Direct Cost Incurred Basis" adopted. Filed March 2, 1988; effective March 22, 1988.
Repealed: F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-7-.13 Repealed

History

Authority: O.C.G.A. Sec. 35-8-7
History. Original Rule entitled "Withholding of Funds: Withdrawal of Funds" was filed on July 7, 1978; effective July 27, 1978.
Amended: Rule repealed and a new Rule entitled "Fund Payments to Academies: Procedures" adopted. Filed March 2, 1988; effective March 22, 1988.
Repealed: F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-7-.14 Repealed

History

Authority: O.C.G.A. Sec. 35-8-7
History. Original Rule entitled "Fund Payments to Academies; Direct Cost Incurred Basis" was filed on July 7, 1978; effective July 27, 1978.
Amended: Rule repealed and a new Rule entitled "Training of Persons Other than Those Approved by Council" adopted. Filed March 2, 1988; effective March 22, 1988.
Repealed: F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-7-.15 Repealed

History

Authority: O.C.G.A. Sec. 35-8-7
History. Original Rule entitled "Fund Payments to Academies; Procedure" was filed on July 7, 1978; effective July 27, 1978.
Amended: Rule repealed and a new Rule entitled "Reporting of Funds Collected" adopted. Filed March 2, 1988; effective March 22, 1988.
Repealed: F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-7-.16 Repealed

History

Authority: O.C.G.A. Sec. 35-8-7
History. Original Rule entitled "Training of Persons Other Than Those Employed by the State or Subdivision Thereof" was filed on July 7, 1978; effective July 27, 1978.
Amended: Rule repealed and a new Rule entitled "Property Purchased by Academies" adopted. Filed March 2, 1988; effective March 22, 1988.
Repealed: F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-7-.17 Repealed

History

Authority: O.C.G.A. Sec. 35-8-7
History. Original Rule entitled "Reporting of Funds Collected" was filed on July 7, 1978; effective July 27, 1978.
Amended: Rule repealed and a new Rule of same title adopted. Filed March 13, 1985; effective April 2, 1985.
Amended: Rule repealed and a new Rule entitled "Property Inventory System" adopted. Filed March 2, 1988; effective March 22, 1988.
Repealed: F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-7-.18 Repealed

History

Authority: O.C.G.A. Sec. 35-8-7
History. Original Rule entitled "Property Purchased By Academies" was filed on July 7, 1978; effective July 27, 1978.
Amended: Rule repealed and a new Rule entitled "Accounting and Records Keeping System" adopted. Filed March 2, 1988; effective March 22, 1988.
Repealed: F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-7-.19 Repealed

History

Authority: O.C.G.A. 35-8-7
History. Original Rule entitled "Property Inventory System" was filed on July 7, 1978; effective July 27, 1978.
Amended: Rule repealed and a new Rule entitled "Records to be Open for Inspection" adopted. Filed March 2, 1988; effective March 22, 1988.
Repealed: F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-7-.20 Repealed

History

Authority: O.C.G.A. 35-8-7
History. Original Rule entitled "Accounting and Records Keeping System" was filed on July 7, 1978; effective July 27, 1978.
Amended: Rule repealed and a new Rule entitled "Cooperation with Reviewing Team" adopted. Filed March 2, 1988; effective March 22, 1988.
Repealed: F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-7-.21 Repealed

History

Authority: O.C.G.A. 35-8-7
History. Original Rule entitled "Records To Be Open for Inspection" was filed on July 7, 1978; effective July 27, 1978.
Amended: Rule repealed and a new Rule entitled "Violation of This Chapter, Penalties" adopted. Filed March 2, 1988; effective March 22, 1988.
Repealed: F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-7-.22 Repealed

History

Authority: Ga. L. 1970, p. 208, as amended (Ga. Code Ann. 92A-2106)
History. Original Rule entitled "Cooperation With Reviewing Team" was filed on July 7, 1978; effective July 27, 1978.
Amended: Rule repealed. Filed March 2, 1988; effective March 22, 1988.

Ga. Comp. R. & Regs. r. 464-7-.23 Repealed

History

Authority: Ga. L. 1970, p. 208, as amended (Ga. Code Ann. 92A-2106)
History. Original Rule entitled "Violation of This Chapter; Penalties" was filed on July 7, 1978; effective July 27, 1978.
Amended: Rule repealed. Filed March 2, 1988; effective March 22, 1988.

Chapter 464-8 Hearings

Ga. Comp. R. & Regs. r. 464-8-.01 Requests to be Heard. Amended

Upon service of notice of adverse action, an officer or applicant, within thirty (30) calendar days, must request to be heard and, under oath, answer and respond to the notice of adverse action by either admitting or denying each and every allegation presented in the case summary attached to the notice of adverse action, or said adverse action becomes final. All allegations which are not specifically answered are deemed to be admitted. A request to be heard is defined as a clear written expression by the affected party or authorized representative on his/her behalf to the effect that he/she wants the opportunity to contest his/her case. For the purposes of notification, mailing by certified mail to the last address specified on the application or the last known address of the officer or applicant on the POST Data Gateway system shall constitute proper service. Accompanying the request for hearing and answer to each allegation under oath, the officer or applicant must include the fee set by Council to have his/her case reviewed at a pre-hearing conference.

History

Authority: O.C.G.A. § 35-8-7(23)
History. Original Rule entitled "Actions Relating to Denial, Revocation or Suspension of Certification or Registration" adopted. F. July 7, 1978; eff. July 27, 1978.
Repealed: New Rule entitled "Hearing Requests" adopted. F. Mar. 2, 1988; eff. Mar. 22, 1988.
Amended: F. May 25, 1993; eff. June 14, 1993.
Repealed: New Rule of same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.
Repealed. New rule with same title adopted. F. Jun. 15, 2011; eff. July 5, 2011.
Amended: New title "Requests to be Heard. Amended. "F. Feb. 2, 2021; eff. Feb. 22, 2021.
Note: Correction of non-substantive typographical error in Rule, "Amended: F. Feb. 2, 2021; eff. Feb. 22, 2021." deleted, posted in error. Effective April 27, 2021.

Ga. Comp. R. & Regs. r. 464-8-.02 Denial and Dismissal of Requests to be Heard. Amended

The Council or Hearing Officer designated by the Council may deny or dismiss a request to be heard for the following reasons:

(a) It has been withdrawn by the affected party;

(b) If the affected party or his/her representative fails to appear at a hearing or settlement conference scheduled for such affected officer;

(c) If the affected party or his/her representative does not submit a written request for hearing and answer to the allegations within thirty (30) days after the service of the notice of adverse action; or

(d) If the affected party or his/her representative fails to respond within thirty (30) calendar days to correspondence from the Council following the pre-hearing settlement conference; or

(e) If the affected party fails to pay the requisite fee associated with such an appeal of adverse action within thirty (30) days after service. Following the dismissal of the request for hearing, the adverse action proposed by Council becomes a final decision.

History

Authority: O.C.G.A. § 35-8-7(23)
History. Original Rule entitled "Actions Relating to Denial, Suspension, or Withdrawal of Funding" adopted. F. July 7, 1978; eff. July 27, 1978.
Repealed: New Rule entitled "Denial and Dismissal of Hearing Requests" adopted. F. Mar. 2, 1988; eff. Mar. 22, 1988.
Amended: F. May 25, 1993; eff. June 14, 1993.
Amended: F. Apr. 2, 1996; eff. Apr. 22, 1996.
Repealed: New Rule of same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.
Repealed. New rule with same title adopted. F. Jun. 15, 2011; eff. July 5, 2011.
Amended: New title "Denial and Dismissal of Requests to be Heard. Amended." F. Feb. 2, 2021; eff. Feb. 22, 2021.

Ga. Comp. R. & Regs. r. 464-8-.03 Pre-Hearings. Amended

1. Prior to referral to the Office of State Administrative Hearings, a pre-hearing conference will be held if the officer or applicant has made a request to be heard. The officer (and his or her counsel, if any), a member of the POST Council staff and an Assistant Attorney General may participate. The purpose of the conference is to discuss any issues in dispute and to provide the parties an opportunity to present any additional matters and/or evidence relevant to the sanction being imposed by the Council. As a result of the conference, the Pre-Hearings officer or Director of Operations, with the concurrence of the Executive Director, may recommend that the Council's sanction be modified. The Chairman of the Council, or the Vice-Chairman if the Chairman is unavailable, shall be authorized to approve such modifications and such modification becomes the recommendation of Council.

2. Following the pre-hearing, upon service of notice of the result of the pre-hearing conference, an officer or applicant, within thirty (30) calendar days, may request to be heard at a full hearing before the Office of State Administrative Hearings. This request must be made in writing, and must be accompanied by the administrative hearing fee set by Council. If said officer or applicant fails to request, within thirty (30) days, in writing, with the required fee, a full hearing at OSAH, then the notice of adverse action becomes final.

History

Authority: O.C.G.A. § 35-8-7(23)
History. Original Rule entitled "Notice to Affected Party or Person" adopted. F. July 7, 1978; eff. July 27, 1978.
Repealed: New Rule entitled "Hearing Officer" adopted. F. Mar. 2, 1988; eff. Mar. 22, 1988.
Amended: F. May 25, 1993; eff. June 14, 1993.
Repealed: New Rule of same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.
Repealed: New Rule entitled "Pre-Hearing Conferences" adopted. F. Dec. 18, 2007; eff. Jan. 7, 2008.
Note: Prior to amendment effective Feb. 22, 2021, Rule title (i.e., following the rule number in the catchline) on website incorrectly cited as "Pre-Hearing Officer." Correct title was "Pre-Hearing Conferences," as published in the Official Compilation Rules and Regulations of the State of Georgia (F. Dec. 18, 2007; eff. Jan. 7, 2008). Effective Feb. 22, 2021.
Amended: New title "Pre-Hearings. Amended." F. Feb. 2, 2021; eff. Feb. 22, 2021.

Ga. Comp. R. & Regs. r. 464-8-.04 Hearing Officer

The Hearing Officer (Administrative Law Judge) shall be appointed by the Chief Administrative Law Judge of the Office of State Administrative Hearings (O.S.A.H.), and shall have all the power and authority set forth in O.C.G.A. §50-13, and may preside at any conferences, reviews, or hearings scheduled and/or conducted.

History

Authority: Authority O.C.G.A. Secs. 35-8-4, 35-8-7, 35-8-7.2
History. Original Rule entitled "Hearing Requests" adopted. F. July 7, 1978; eff. July 27, 1978.
Amended: F. June 8, 1984; eff. June 28, 1984.
Repealed: New Rule entitled "Documents" adopted. F. Mar. 2, 1988; eff. Mar. 22, 1988.
Amended: F. May 25, 1993; eff. June 14, 1993.
Repealed: New Rule of same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.
Repealed: New Rule entitled "Hearing Officer" adopted. F. Dec. 18, 2007; eff. Jan. 7, 2008.

Ga. Comp. R. & Regs. r. 464-8-.05 Documents

Any and all documents under these Rules are the exclusive property of the Council and shall be surrendered upon demand pursuant to proceedings under these Rules.

History

Authority: Authority O.C.G.A. Sec. 35-8-7
History. Original Rule entitled "Denial and Dismissal of Hearing Requests" adopted. F. July 7, 1978; eff. July 27, 1978.
Repealed: F. Mar. 2, 1988; eff. Mar. 22, 1988.
Amended: New Rule entitled "Hearings on Motions to Review" adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.
Repealed: New Rule entitled "Documents" adopted. F. Dec. 18, 2007; eff. Jan. 7, 2008.

Ga. Comp. R. & Regs. r. 464-8-.06 Hearing on Motions to Review

(a) Any initial decision of the hearing officer not identical to P.O.S.T. Council's initial action shall automatically be reviewed by the Council. Any review of an initial decision of the hearing officer shall be limited to the record. In the event either party wishes to present evidence outside of the record, a written request to present such evidence must be filed at least ten (10) days prior to Council review. A description of the evidence must accompany any request and Council reserves the right to deny the presentation of additional evidence.

(b) Pursuant to O.C.G.A. § 50-13-41(e)(3) , any initial decision of the hearing officer which is identical to Council's initial action shall without further agency action become the final decision of the Council.

History

Authority: Authority O.C.G.A. Sec. 35-8-7
History. Original Rule entitled "Time and Place of Hearings" adopted. F. July 7, 1978; eff. July 27, 1978.
Repealed: F. Mar. 2, 1988; eff. Mar. 22, 1988.
Amended: New Rule entitled "Appeals" adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.
Amended: F. Sept. 27, 2004; eff. Oct. 17, 2004.
Repealed: New Rule entitled "Hearings on Motions to Review" adopted. F. Dec. 18, 2007; eff. Jan. 7, 2008.

Ga. Comp. R. & Regs. r. 464-8-.07 Appeals

All appeals from final Council action shall be filed in accordance with O.C.G.A. 35-8-.7.2.

(a) A copy of any petition for judicial review brought by an officer or applicant shall be provided to the Office of State Administrative Hearings and the State Department of Law simultaneously with the service of the petition upon the Council. A petition for judicial review may be served upon the Council by personal service or certified mail upon the Executive Director of the Council.

(b) Upon receipt of a petition, the Office of State Administrative Hearings shall compile and certify the record to the reviewing court on behalf of the Council.

(c) It shall be the burden of the party filing a petition for judicial review to request and pay for a transcript of the evidentiary hearing if the transcript is to be made a part of the record sent to the reviewing court.

(d) Upon recommendation of the State Department of Law, the Chairman and Executive Director of the Council upon agreement thereof, may take action on the behalf of the Council on all matters, proceedings, civil actions, or other issues involving litigation.

History

Authority: O.C.G.A. Sec. 35-8-7
History. Original Rule entitled "Hearing Officer" adopted. F. July 7, 1978; eff. July 27, 1978.
Repealed: F. Mar. 2, 1988; eff. Mar. 22, 1988.
Amended: New Rule entitled "Appeals" adopted. F. Dec. 18, 2007; eff. Jan. 7, 2008.

Ga. Comp. R. & Regs. r. 464-8-.08 Repealed

History

Authority: O.C.G.A. Sec. 35-8-7
History. Original Rule entitled "Content of the Hearing" adopted. F. July 7, 1978; eff. July 27, 1978.
Amended: F. June 8, 1984; eff. June 28, 1984.
Repealed: F. Mar. 2, 1988; eff. Mar. 22, 1988.

Ga. Comp. R. & Regs. r. 464-8-.09 Repealed

History

Authority: O.C.G.A. Sec. 35-8-7
History. Original Rule entitled "The Hearing Record" adopted. F. July 7, 1978; eff. July 27, 1978.
Repealed: F. Mar. 2, 1988; eff. Mar. 22, 1988.

Ga. Comp. R. & Regs. r. 464-8-.10 Repealed

History

Authority: O.C.G.A. Sec. 35-8-7
History. Original Rule entitled "Initial Decisions" adopted. F. July 7, 1978; eff. July 27, 1978.
Repealed: F. Mar. 2, 1988; eff. Mar. 22, 1988.

Ga. Comp. R. & Regs. r. 464-8-.11 Repealed

History

Authority: O.C.G.A. Sec. 35-8-7
History. Original Rule entitled "Final Decision" adopted. F. July 7, 1978; eff. July 27, 1978.
Amended: F. June 8, 1984; eff. June 28, 1984.
Repealed: F. Mar. 2, 1988; eff. Mar. 22, 1988.

Ga. Comp. R. & Regs. r. 464-8-.12 Repealed

History

Authority: O.C.G.A. Sec. 35-8-7
History. Original Rule entitled "Judicial Review" adopted. F. July 7, 1978; eff. July 27, 1978.
Repealed: F. Mar. 2, 1988; eff. Mar. 22, 1988.

Ga. Comp. R. & Regs. r. 464-8-.13 Repealed

History

Authority: O.C.G.A. Sec. 35-8-7
History. Original Rule entitled "Documents" adopted. F. July 7, 1978; eff. July 27, 1978.
Repealed: F. Mar. 2, 1988; eff. Mar. 22, 1988.

Ga. Comp. R. & Regs. r. 464-8-.14 Repealed

History

Authority: O.C.G.A. Secs. 35-8-7, 35-8-7.2
History. Original Rule entitled "Answer" adopted. F. May 25, 1993; eff. June 14, 1993.
Amended: F. Jan. 5, 1995; eff. Jan. 25, 1995.
Repealed: F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-8-.15 Repealed

History

Authority: O.C.G.A. Secs. 35-8-7, 35-8-7.2
History. Original Rule entitled "Discovery" adopted. F. May 25, 1993; eff. June 14, 1993.
Repealed: F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-8-.16 Repealed

History

Authority: O.C.G.A. Secs. 35-8-7, 35-8-7.2
History. Original Rule entitled "Subpoena" adopted. F. May 25, 1993; eff. June 14, 1993.
Repealed: F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-8-.17 Repealed

History

Authority: O.C.G.A. Secs. 35-8-7, 35-8-7.2
History. Original Rule entitled "Hearings on Motions to Review" adopted. F. May 25, 1993; eff. June 14, 1993.
Amended: F. Apr. 2, 1996; eff. Apr. 22, 1996.
Repealed: F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-8-.18 Repealed

History

Authority: O.C.G.A. Secs. 35-8-7, 35-8-7.2
History. Original Rule entitled "Appeals" adopted. F. May 25, 1993; eff. June 14, 1993.
Repealed: F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-8-.19 Repealed

History

Authority: O.C.G.A. Secs. 35-8-7, 35-8-7.2
History. Original Rule entitled "Continuances" adopted. F. May 25, 1993; eff. June 14, 1993.
Repealed: F. Mar. 19, 1998; eff. Apr. 8, 1998.

Chapter 464-9 Adoption of Rules

Ga. Comp. R. & Regs. r. 464-9-.01 Right of Petition Established

Any interested person may petition the Council requesting the promulgation of a Rule or the amendment or repeal of a Rule already in force, as contemplated in the Administrative Procedure Act. (O.C.G.A. 50-13-9).

History

Authority: O.C.G.A. 35-8-7
History. Original Rule entitled "Standards" was filed on February 12, 1971 as Rule 464-6-.01; effective March 4, 1971.
Amended: Filed June 7, 1974; effective June 27, 1974.
Amended: Rule repealed and an new Rule entitled "Right of Petition Established" adopted. Filed September 2, 1975; effective September 22, 1975.
Amended: Rule renumbered as 464-9-.01. Filed July 7, 1978; effective July 27, 1978.
Amended: Rule repealed and a new Rule of the same title adopted. Filed March 2, 1988; effective March 22, 1988.
Repealed: New Rule, same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-9-.02 Form of Petition

Each such petition shall be filed with the Council in writing and shall set forth:

(a) the name and post office address of the Petitioner;

(b) the full text of the Rule requested to be amended or repealed, or the full text of the Rule desired to be promulgated;

(c) a paragraphed statment of the reasons such Rule should be amended, repealed or promulgated, including a statement of all pertinent and existing facts as to the petitioner's interest in the matter.

(d) citations of legal authorities if any, which authorize, support, or require the action requested by the petitioner. The petition shall be verified under oath by, or in proper behalf of, the petitioner.

History

Authority: O.C.G.A. 35-8-7
History. Original Rule entitled "Attendance" was filed on February 12, 1971 as Rule 464-6-.02; effective March 4, 1971.
Amended: Rule repealed and a new Rule entitled "Form of Petition" adopted. Filed September 2, 1975; effective September 22, 1974.
Amended: Rule renumbered as 464-9-.02. Filed July 7, 1998; effective July 27, 1978.
Amended: Rule repealed and a new Rule of the same title adopted. Filed March 2, 1988; effective March 22, 1988.
Repealed: New Rule, same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-9-.03 Proceeding on Petition

Upon receipt of the petition, the Chairman, Vice-Chairman, or Secretary of the Council, shall give the petition due consideration and present it to the Council, who shall decide upon the action to be taken. Within thirty days after the next Council meeting, the Council shall inform the petitioner by mail of the decision reached, and shall either decline to take the action requested, stating its reasons for so declining, or shall initiate rule making in accordance with the Administrative Procedure Act.

History

Authority: O.C.G.A. Sec. 35-8-7
History. Original Rule entitled "Notebooks' was filed on February 12, 1971 as Rule 464-6-.03; effective March 4, 1971.
Amended: Rule repealed and a new Rule entitled "Proceeding on Petition" adopted. Filed September 2, 1975; effective September 22, 1975.
Amended: Rule renumbered as 464-9-.03. Filed July 7, 1978; effective July 27, 1978.
Amended: Rule repealed and a new Rule of the same title adopted. Filed March 2, 1988; effective March 22, 1988.
Repealed: New Rule, same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.

Chapter 464-10 Certification of Speed Detection Device Operators and Instructors

Ga. Comp. R. & Regs. r. 464-10-.01 Forms of Certification, Requirements for Operator Certification. Amended

For the purpose of these rules there shall be four forms of certification by which an officer may become certified to operate speed detection devices as defined in the rules:

(a) VASCAR Certification - to be certified as a VASCAR operator an officer must: (1) complete a VASCAR Training Course approved by the Council and taught by a certified instructor; (2) meet the necessary certification requirements as approved by Council.

(b) RADAR Certification - to be certified as a RADAR operator an officer must: (1) satisfactorily complete a RADAR Training Course approved by the Council and taught by a certified instructor; (2) meet the necessary certification and re-certification requirements (to include refresher training) as approved by the Council.

(c) Electronic Digital Speed Computer Timing Device (EDST) and Stopwatch Certification - to be certified as an EDST/Stopwatch operator, and officer must: (1) satisfactorily complete an EDST/Stopwatch training course, as approved by Council, or satisfactorily complete a VASCAR Training Course as approved by Council; (2) meet the necessary certification requirements as approved by Council.

(d) LIDAR Certification - to be certified as a LIDAR operator an officer must: (1) satisfactorily complete a LIDAR Training Course approved by the Council and taught by a certified instructor; (2) meet the necessary certification and recertification requirements (to include refresher training) as approved by Council.

History

Authority: O.C.G.A. § 35-8-7(23)
History. Original Rule entitled "Submission of Forms for Peace Officer Certification" adopted. F. July 7, 1978; eff. July 27, 1978.
Repealed: New Rule entitled "Form of Certification, Requirements for Operator Certification" adopted. F. Mar. 2, 1988; eff. Mar. 22, 1988.
Amended: F. Nov. 17, 1992; eff. Dec. 7, 1992.
Repealed: New Rule of same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.
Amended: F. Dec. 18, 2007; eff. Jan. 7, 2008.
Amended: F. Jun. 19, 2012; eff. July 9, 2012.
Amended: New title "Forms of Certification, Requirements for Operator Certification. Amended." F. Feb. 2, 2021; eff. Feb. 22, 2021.

Ga. Comp. R. & Regs. r. 464-10-.02 LIDAR Instructor Certification. Amended

In order that a person be certified as an instructor for LIDAR speed detection devices, that person shall be a POST certified speed detection instructor and complete a LIDAR instructor's course as approved by the Council.

History

Authority: O.C.G.A. § 35-8-7(23)
History. Original Rule entitled "Medical Examination Report and Physician's Affidavit. Postform 4" adopted. F. July 7, 1978; eff. July 27, 1978.
Repealed: F. Mar. 2, 1988; eff. Mar. 22, 1988.
Amended: New Rule entitled "Laser Instructor Certification" adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.
Amended: New title "LIDAR Instructor Certification. Amended." F. Feb. 2, 2021; eff. Feb. 22, 2021.

Ga. Comp. R. & Regs. r. 464-10-.03 VASCAR Instructor Certification

In order that a person be certified as an instructor for VASCAR speed detection devices, that person shall be a POST certified instructor and complete a VASCAR instructor's course as approved by the Council.

History

Authority: O.C.G.A. Secs. 35-8-7, 35-8-12
History. Original Rule entitled "Peace Officers Desiring to Be Certified" adopted. F. July 7, 1978; eff. July 27, 1978.
Repealed: New Rule entitled "VASCAR Instructor Certification" adopted. F. Mar. 2, 1988; eff. Mar. 22, 1988.
Amended: F. May 25, 1993; eff. June 14, 1993.
Repealed: New Rule of same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-10-.04 EDST/Stopwatch Instructor Certification

In order that a person be certified as an instructor for EDST/Stopwatch courses, that person shall be a POST certified instructor and complete an EDST/Stopwatch instructor's course, as approved by council, or be certified as a VASCAR instructor.

History

Authority: O.C.G.A. Secs. 35-8-7, 35-8-12
History. Original Rule entitled "Certification Application and Law Enforcement Unit Verification Form. Postform 1" adopted. F. July 7, 1978; eff. July 27, 1978.
Repealed: New Rule entitled "EDST/Stopwatch Instructor Certification" adopted. F. Mar. 2, 1988; eff. Mar. 22, 1988.
Repealed: New Rule of same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-10-.05 Repealed

History

Authority: O.C.G.A. Secs. 35-8-7, 35-8-12
History. Original Rule entitled "Background Investigation Report. Postform 3" adopted. F. July 7, 1978; eff. July 27, 1978.
Repealed: New Rule entitled "Withdrawal or Suspension of Certificates" adopted. F. Mar. 2, 1988; eff. Mar. 22, 1988.
Repealed: New Rule entitled "Refresher Training" adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.
Repealed: F. Jun. 19, 2012: eff. July 9, 2012.

Ga. Comp. R. & Regs. r. 464-10-.06 LASER Instructor Certification

In order that a person be certified as an instructor for LASER speed detection devices, that person shall be a POST certified speed detection instructor and complete a LASER instructor's course as approved by the Council

History

Authority: O.C.G.A. Secs. 35-8-7, 35-8-12
History. Original Rule entitled "Medical Examination Report and Physician's Affidavit. Postform 4" adopted. F. July 7, 1978; eff. July 27, 1978.
Repealed: F. Mar. 2, 1988; eff. Mar. 22, 1988.
Amended: New Rule entitled "Laser Instructor Certification" adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-10-.07 Application for Certification

All applications for speed detection operator certification must be submitted within eighteen (18) months of speed detection operator course completion. Failure to submit an application within the required time frame will require the officer to retake the speed detection operator course.

History

Authority: Authority O.C.G.A. Secs. 35-8-7, 35-8-12
History. Original Rule entitled "Birth Certificate" adopted. F. July 7, 1978; eff. July 27, 1978.
Repealed: F. Mar. 2, 1988; eff. Mar. 22, 1988.
Amended: New Rule entitled "Application for Certification" adopted. F. Dec. 18, 2007; eff. Jan. 7, 2008.

Ga. Comp. R. & Regs. r. 464-10-.08 Repealed

History

Authority: Authority O.C.G.A. Secs. 35-8-7, 35-8-12
History. Original Rule entitled "High School Diploma" adopted. F. July 7, 1978; eff. July 27, 1978.
Repealed: F. Mar. 2, 1988; eff. Mar. 22, 1988.
Amended: New Rule entitled "Period of Certification" adopted. F. Dec. 18, 2007; eff. Jan. 7, 2008.
Repealed: F. Jun. 19, 2012: eff. July 9, 2012.

Ga. Comp. R. & Regs. r. 464-10-.09 Repealed

History

Authority: Authority O.C.G.A. Sec. 35-8-12
History. Original Rule entitled "Armed Forces Separation Documents" adopted. F. July 7, 1978; eff. July 27, 1978.
Repealed: F. Mar. 2, 1988; eff. Mar. 22, 1988.

Ga. Comp. R. & Regs. r. 464-10-.10 Repealed

History

Authority: Authority O.C.G.A. Sec. 35-8-12
History. Original Rule entitled "Photograph" adopted. F. July 7, 1978; eff. July 27, 1978.
Repealed: F. Mar. 2, 1988; eff. Mar. 22, 1988.

Ga. Comp. R. & Regs. r. 464-10-.11 Repealed

History

Authority: Authority O.C.G.A. Sec. 35-8-12
History. Original Rule entitled "Applicant Fingerprint Cards" adopted. F. July 7, 1978; eff. July 27, 1978.
Repealed: F. Mar. 2, 1988; eff. Mar. 22, 1988.

Ga. Comp. R. & Regs. r. 464-10-.12 Repealed

History

Authority: Authority O.C.G.A. Sec. 35-8-12
History. Original Rule entitled "Basic Course Authorization and Student Record and Evaluation Form. Postform 2" adopted. F. July 7, 1978; eff. July 27, 1978.
Repealed: F. Mar. 2, 1988; eff. Mar. 22, 1988.

Ga. Comp. R. & Regs. r. 464-10-.13 Repealed

History

Authority: Authority O.C.G.A. Sec. 35-8-12
History. Original Rule entitled "Equivalency Examination Authorization Form. Postform 2-E" adopted. F. July 7, 1978; eff. July 27, 1978.
Repealed: F. Mar. 2, 1988; eff. Mar. 22, 1988.

Ga. Comp. R. & Regs. r. 464-10-.14 Repealed

History

Authority: Authority O.C.G.A. Sec. 35-8-12
History. Original Rule entitled "Certificates of Completion of Equivalent Training" adopted. F. July 7, 1978; eff. July 27, 1978.
Repealed: F. Mar. 2, 1988; eff. Mar. 22, 1988.

Ga. Comp. R. & Regs. r. 464-10-.15 Repealed

History

Authority: Authority O.C.G.A. Sec. 35-8-12
History. Original Rule entitled "Submission of Forms for Peace Officer Registration" adopted. F. July 7, 1978; eff. July 27, 1978.
Repealed: F. Mar. 2, 1988; eff. Mar. 22, 1988.

Ga. Comp. R. & Regs. r. 464-10-.16 Repealed

History

Authority: Authority O.C.G.A. Sec. 35-8-12
History. Original Rule entitled "Registration Application" adopted. F. July 7, 1978; eff. July 27, 1978.
Repealed: F. Mar. 2, 1988; eff. Mar. 22, 1988.

Ga. Comp. R. & Regs. r. 464-10-.17 Repealed

History

Authority: Authority O.C.G.A. Sec. 35-8-12
History. Original Rule entitled "Lesson Plan Cover Sheet and Lesson Plan Forms. Postform T-1 and Postform T-2" adopted. F. July 7, 1978; eff. July 27, 1978.
Repealed: F. Mar. 2, 1988; eff. Mar. 22, 1988.

Ga. Comp. R. & Regs. r. 464-10-.18 Repealed

History

Authority: Authority O.C.G.A. Secs. 35-8-7, 35-8-12
History. Original Rule entitled "Class Roster/Grades Form. Postform T-3" adopted. F. July 7, 1978; eff. July 27, 1978.
Repealed: New Rule entitled "Class Roster/Grades Forms. Postform R-9" adopted. F. Mar. 13, 1985; eff. Apr. 2, 1985.
Repealed: F. Mar. 2, 1988; eff. Mar. 22, 1988.

Ga. Comp. R. & Regs. r. 464-10-.19 Repealed

History

Authority: Authority O.C.G.A. Secs. 35-8-7, 35-8-12
History. Original Rule entitled "Course Schedule" adopted. F. July 7, 1978; eff. July 27, 1978.
Repealed: New Rule of same title adopted. F. Mar. 13, 1985; eff. Apr. 2, 1985.
Repealed: F. Mar. 2, 1988; eff. Mar. 22, 1988.

Ga. Comp. R. & Regs. r. 464-10-.20 Repealed

History

Authority: Authority O.C.G.A. Secs. 35-8-7, 35-8-12
History. Original Rule entitled "Instructor Certification Application Form. Postform 1-A" adopted. F. July 7, 1978; eff. July 27, 1978.
Repealed: New Rule entitled "Instructor Certification Application Form. Postform T-3" adopted. F. Mar. 13, 1985; eff. Apr. 2, 1985.
Repealed: F. Mar. 2, 1988; eff. Mar. 22, 1988.

Ga. Comp. R. & Regs. r. 464-10-.21 Repealed

History

Authority: Authority O.C.G.A. Sec. 35-8-12
History. Original Rule entitled "Course Evaluation Questionnaire. Postform R-2" adopted. F. July 7, 1978; eff. July 27, 1978.
Repealed: F. Mar. 2, 1988; eff. Mar. 22, 1988.

Ga. Comp. R. & Regs. r. 464-10-.22 Repealed

History

Authority: Authority O.C.G.A. Sec. 35-8-12
History. Original Rule entitled "Prior Approval Request and Request for Reimbursement. Postform R-1" adopted. F. July 7, 1978; eff. July 27, 1978.
Repealed: F. Mar. 2, 1988; eff. Mar. 22, 1988.

Ga. Comp. R. & Regs. r. 464-10-.23 Repealed

History

Authority: Authority O.C.G.A. Sec. 35-8-12
History. Original Rule entitled "Academy Budget. Postform B-1" adopted. F. July 7, 1978; eff. July 27, 1978.
Repealed: F. Mar. 2, 1988; eff. Mar. 22, 1988.

Ga. Comp. R. & Regs. r. 464-10-.24 Repealed

History

Authority: Authority O.C.G.A. Secs. 35-8-7, 35-8-12
History. Original Rule entitled "Instructor Verification Form. Postform T-4" adopted. F. Mar. 13, 1985; eff. Apr. 2, 1985.
Repealed: F. Mar. 2, 1988; eff. Mar. 22, 1988.

Ga. Comp. R. & Regs. r. 464-10-.25 Repealed

History

Authority: Authority O.C.G.A. Secs. 35-8-7, 35-8-12
History. Original Rule entitled "Refresher Training" adopted. F. Mar. 5, 1990; eff. Mar. 25, 1990.
Repealed: F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-10-.26 Repealed

History

Authority: Authority O.C.G.A. Secs. 35-8-7, 35-8-12
History. Original Rule entitled "LASER Instructor Certification" adopted. F. Nov. 17, 1992; eff. Dec. 7, 1992.
Repealed: F. Mar. 19, 1998; eff. Apr. 8, 1998.

Chapter 464-11 Repealed

Ga. Comp. R. & Regs. r. 464-11-.01 Repealed

History

Authority: O.C.G.A. Secs. 35-8-7, 35-8-12, 35-8-13
History. Original Rule entitled "Forms of Certification, Requirements for Operator Certification" was filed on June 8, 1984; effective June 28, 1984.
Amended: Rule repealed and a new Rule of the same title adopted. Filed March 13, 1985; effective April 2, 1985.
Amended: Rule repealed and a new Rule entitled "Persons Who May be Certified" adopted. Filed March 2, 1988; effective March 22, 1988.
Repealed: New Rule, same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.
Amended: F. May 1, 2000; eff. May 21, 2000.
Repealed: F. Jun. 15, 2011; eff. July 5, 2011.

Ga. Comp. R. & Regs. r. 464-11-.02 Repealed

History

Authority: O.C.G.A. Secs. 35-8-7, 35-8-12, 35-8-13
History. Original Rule entitled "Radar Instructor Certification" was filed on June 8, 1984; effective June 28, 1984.
Amended: Rule repealed and a new Rule of the same title adopted. Filed March 13, 1985; effective April 2, 1985.
Amended: Rule repealed and a new Rule entitled "Application for Certification" adopted. Filed March 2, 1988; effective March 22, 1988.
Repealed: New Rule, same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.
Amended: F. May 1, 2000; eff. May 21, 2000.
Repealed: F. Jun. 15, 2011; eff. July 5, 2011.

Ga. Comp. R. & Regs. r. 464-11-.03 Repealed

History

Authority: O.C.G.A. Secs. 35-8-7, 35-8-12, 35-8-13
History. Original Rule entitled "VASCAR Instructor Certification" was filed on June 8, 1984; effective June 28, 1984.
Amended: Rule repealed and a new Rule of the same title adopted. Filed March 13, 1985; effective April 2, 1985.
Amended: Rule repealed and a new Rule entitled "Qualifications for Certification" adopted. Filed March 2, 1988; effective March 22, 1988.
Repealed: New Rule, same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.
Amended: F. May 1, 2000; eff. May 21, 2000.
Repealed: F. Jun. 15, 2011; eff. July 5, 2011.

Ga. Comp. R. & Regs. r. 464-11-.04 Repealed

History

Authority: O.C.G.A. Secs. 35-8-7, 35-8-12, 35-8-13
History. Original Rule entitled "EDST/Stopwatch Instructor Certification" was filed on June 8, 1984; effective June 28, 1984.
Amended: Rule repealed and a new Rule of the same title adopted. Filed March 13, 1985; effective April 2, 1985.
Amended: Rule repealed and a new Rule entitled "Qualification for Certification: Training Requirements" adopted. Filed March 2, 1988; effective March 22, 1988.
Repealed: New Rule, same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.
Amended: F. May 1, 2000; eff. May 21, 2000.
Repealed: F. Jun. 15, 2011; eff. July 5, 2011.

Ga. Comp. R. & Regs. r. 464-11-.05 Repealed

History

Authority: O.C.G.A. Secs. 35-8-7, 35-8-13
History. Original Rule entitled "Application to Be Permanent Record: Responsibility to Keep Current" adopted. F. Mar. 2, 1988; eff. Mar. 22, 1988.
Repealed: New Rule of same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.
Amended: F. May 1, 2000; eff. May 21, 2000.
Repealed: F. Jun. 15, 2011; eff. July 5, 2011.

Ga. Comp. R. & Regs. r. 464-11-.06 Repealed

History

Authority: O.C.G.A. Secs. 35-8-7, 35-8-13
History. Original Rule entitled "Notification of Disciplinary Action" adopted. F. Mar. 2, 1988; eff. Mar. 22, 1988.
Repealed: New Rule of same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.
Amended: F. May 1, 2000; eff. May 21, 2000.
Repealed: F. Jun. 15, 2011; eff. July 5, 2011.

Ga. Comp. R. & Regs. r. 464-11-.07 Repealed

History

Authority: O.C.G.A. Secs. 35-8-7, 35-8-13
History. Original Rule entitled "Notification Required by Law Enforcement Unit" adopted. F. Mar. 2, 1988; eff. Mar. 22, 1988.
Repealed: New Rule of same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.
Amended: F. May 1, 2000; eff. May 21, 2000.
Amended: F. Dec. 18, 2007; eff. Jan. 7, 2008.
Repealed: F. Jun. 15, 2011; eff. July 5, 2011.

Ga. Comp. R. & Regs. r. 464-11-.08 Denial of Certification

History

Authority: O.C.G.A. Secs. 35-8-7, 35-8-13
History. Original Rule entitled "Denial of Certification" adopted. F. Mar. 2, 1988; eff. Mar. 22, 1988.
Repealed: New Rule of same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.
Amended: F. May 1, 2000; eff. May 21, 2000.
Repealed: F. Jun. 15, 2011; eff. July 5, 2011.

Ga. Comp. R. & Regs. r. 464-11-.09 Repealed

History

Authority: O.C.G.A. Secs. 35-8-7, 35-8-13
History. Original Rule entitled "Suspension or Revocation of Certification" adopted. F. Mar. 2, 1988; eff. Mar. 22, 1988.
Repealed: New Rule of same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.
Amended: F. May 1, 2000; eff. May 21, 2000.
Repealed: F. Jun. 15, 2011; eff. July 5, 2011.

Chapter 464-12 Repealed

Ga. Comp. R. & Regs. r. 464-12-.01 Repealed

History

Authority: O.C.G.A. § 35-8-13
History. Original Rule entitled "Persons Who May Be Certified" was filed on June 8, 1984; effective June 28, 1984.
Amended: Rule repealed and a new Rule of the same title adopted. Filed March 13, 1985; effective April 2, 1985.
Amended: Rule repealed. Filed March 2, 1988; effective March 22, 1988.

Ga. Comp. R. & Regs. r. 464-12-.02 Repealed

History

Authority: O.C.G.A. § 35-8-13
History. Original Rule entitled "Application for Certification" was filed on June 8, 1984; effective June 28, 1984.
Amended: Rule repealed and a new Rule of the same title adopted. Filed March 13, 1985; effective April 2, 1985.
Amended: Rule repealed. Filed March 2, 1988; effective March 22, 1988.

Ga. Comp. R. & Regs. r. 464-12-.03 Repealed

History

Authority: O.C.G.A. § 35-8-13
History. Original Rule entitled "Qualifications for Certification" was filed on June 8, 1984; effective June 28, 1984.
Amended: Rule repealed and a new Rule of the same title adopted. Filed March 13, 1985; effective April 2, 1985.
Amended: Rule repealed. Filed March 2, 1988; effective March 22, 1988.

Ga. Comp. R. & Regs. r. 464-12-.04 Repealed

History

Authority: O.C.G.A. § 35-8-13
History. Original Rule entitled "Qualifications for Certification; Training Requirements" was filed on June 8, 1984; effective June 28, 1984.
Amended: Rule repealed and a new Rule of the same title adopted. Filed March 13, 1985; effective April 2, 1985.
Amended: Rule repealed. Filed March 2, 1988; effective March 22, 1988.

Ga. Comp. R. & Regs. r. 464-12-.05 Repealed

History

Authority: O.C.G.A. § 35-8-13
History. Original Rule entitled "Application for Permanent Record; Responsibility to Keep Current" was filed on June 8, 1984; effective June 28, 1984.
Amended: Rule repealed and a new Rule of the same title adopted. Filed March 13, 1985; effective April 2, 1985.
Amended: Rule repealed. Filed March 2, 1988; effective March 22, 1988.

Ga. Comp. R. & Regs. r. 464-12-.06 Repealed

History

Authority: O.C.G.A. §§ 35-8-7, 35-8-13
History. Original Rule entitled "Notification of Disciplinary Action" was filed on June 8, 1984; effective June 28, 1984.
Amended: Rule repealed and a new Rule of the same title adopted. Filed March 13, 1985; effective April 2, 1985.
Amended: Rule repealed. Filed March 2, 1988; effective March 22, 1988.

Ga. Comp. R. & Regs. r. 464-12-.07 Repealed

History

Authority: O.C.G.A. §§ 35-8-7, 35-8-13
History. Original Rule entitled "Notification Required by Law Enforcement Unit" was filed on June 8, 1984; effective June 28, 1984.
Amended: Rule repealed and a new Rule of the same title adopted. Filed March 13, 1985; effective April 2, 1985.
Amended: Rule repealed. Filed March 2, 1988; effective March 22, 1988.

Ga. Comp. R. & Regs. r. 464-12-.08 Repealed

History

Authority: O.C.G.A. §§ 35-8-7, 35-8-13
History. Original Rule entitled "Denial of Certification" was filed on June 8, 1984; effective June 28, 1984.
Amended: Rule repealed and a new Rule of the same title adopted. Filed March 13, 1985; effective April 2, 1985.
Amended: Rule repealed. Filed March 2, 1988; effective March 22, 1988.

Ga. Comp. R. & Regs. r. 464-12-.09 Repealed

History

Authority: O.C.G.A. §§ 35-8-7, 35-8-13
History. Original Rule entitled "Suspension or Revocation of Certification" was filed on June 8, 1984; effective June 28, 1984.
Amended: Rule repealed and a new Rule of the same title adopted. Filed March 13, 1985; effective April 2, 1985.
Amended: Rule repealed. Filed March 2, 1988; effective March 22, 1988.

Chapter 464-13 Specialty and Voluntary Certifications

Ga. Comp. R. & Regs. r. 464-13-.01 Specialty and Voluntary Certification

Every person requesting certification shall make application on forms furnished by the Council, and in connection therewith shall, under oath, answer all questions, supply all information, and furnish all certificates, affidavits and other supporting data as required. Any untrue, misleading or omitted statements contained in any such application shall be cause for denial.

History

Authority: O.C.G.A. Sec. 35-8-7(16)
History. Original Rule entitled "Specialty and Voluntary Certification" adopted. F. Jan. 11, 1991; eff. Jan. 31, 1991.
Repealed: New Rule, same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-13-.02 Crime Scene Technician Certification Requirements

Each person applying for Crime Scene Technician Certification must:

(1) Complete the required core courses as prescribed by the Council;

(2) Have one (1) year experience as a full-time Crime Scene technician; and

(3) Complete a forty (40) hour internship with a certified Crime Scene technician.

History

Authority: Sec. 35-8-7(16)
History. Original Rule entitled "Identification Technician Certification Requirements" adopted. F. Jan. 11, 1991; eff. Jan. 31, 1991.
Amended: F. July 5, 1991; eff. July 25, 1991.
Repealed: New Rule, same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.
Repealed: New Rule entitled "Crime Scene Technician Certification Requirements" adopted. F. Jun. 19, 2012; eff. July 9, 2012.

Ga. Comp. R. & Regs. r. 464-13-.03 Field Training Officer Certification Requirements

Each person applying for Field Training Officer Certification must:

(a) Possess a minimum of three (3) years' experience in law enforcement.

(b) Complete a Council approved course of instruction for Field Training Officers.

History

Authority: O.C.G.A. § 35-8-7(16)
History. Original Rule entitled "Field Training Officer Certification Requirements" adopted. F. Jan. 11, 1991; eff. Jan. 31, 1991.
Amended: F. July 5, 1991; eff. July 25, 1991.
Repealed: New Rule, same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.
Amended: F. Nov. 20, 2024; eff. Dec. 10, 2024.

Ga. Comp. R. & Regs. r. 464-13-.04 Departmental Training Officer Certification Requirements

Each person applying for Departmental Training Officer Certification must:

(a) Possess POST certified General Instructor Status; and

(b) Successfully complete a POST certified Departmental Training Officer Course; and

History

Authority: O.C.G.A. Sec. 35-8-7(16)
History. Original Rule entitled "Departmental Training Officer Certification Requirements" adopted. F. Jan. 11, 1991; eff. Jan. 31, 1991.
Repealed: New Rule, same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-13-.05 Senoir Deputy Certification

Each person applying for Senior Deputy certification must:

(a) be a certified, registered or exempt peace officer currently employed by a Georgia law enforcement agency recognized by the Georgia Peace Officer Standards and Training Council;

(b) have successfully completed the required core courses conducted by a POST recognized training facility; and

(c) complete a minimum of 200 hours of POST recognized training other than required core courses, refresher or in-service training, or basic training required for any certification issued by POST Council. Any training used as electives must be approved by the applicant's chief executive. The core courses required for intermediate and advanced certification may be used as electives mentioned in this paragraph as long as they have not been used for previous issuance of the intermediate or advanced certification. Once an intermediate or advanced core course is used as an elective, pursuant to this rule, it may not be used for issuance of any future POST certification without re-attending the required course or an approved alternative which has been deemed equivalent.

History

Authority: Authority O.C.G.A. Sec. 35-8-7
History. Original Rule entitled "Jailor Certification Requirements" adopted. F. Jan. 11, 1991; eff. Jan. 31, 1991.
Repealed: New Rule of same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.
Repealed: F. May 1, 2000; eff. May 21, 2000.
Amended: New Rule entitled "Senior Deputy Certification" adopted. F. Dec. 18, 2007; eff. Jan. 7, 2008.
Amended: F. Oct. 8, 2008; eff. Oct. 28, 2008.

Ga. Comp. R. & Regs. r. 464-13-.06 Intermediate Certification Requirements

Each person applying for Intermediate level certification must:

(a) Be a certified, registered or exempt officer currently in Good Standing.; and

(b) Have at least 2 years' experience as a full-time, paid peace officer; and

History

Authority: O.C.G.A. § 35-8-7(16)
History. Original Rule entitled "Intermediate Certification Requirements" adopted. F. Jan. 11, 1991; eff. Jan. 31, 1991.
Repealed: New Rule, same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.
Amended: F. Oct. 8, 2008; eff. Oct. 28, 2008.
Amended: F. Sept. 29, 2025; eff. Oct. 19, 2025.

Ga. Comp. R. & Regs. r. 464-13-.07 Advanced Certification Requirements

Each person applying for Advanced level certification must:

(a) Possess or be able to possess the Intermediate Certificate; and

(b) Be a certified, registered or exempt peace officer in good standing; and

(d) Complete 150 additional hours of P.O.S.T. approved Specialized or Advanced Training.

History

Authority: O.C.G.A. § 35-8-7(16)
History. Original Rule entitled "Advanced Certification Requirements" adopted. F. Jan. 11, 1991; eff. Jan. 31, 1991.
Repealed: New Rule, same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.
Amended: F. Oct. 8, 2008; eff. Oct. 28, 2008.
Amended: F. Sept. 29, 2025; eff. Oct. 19, 2025.

Ga. Comp. R. & Regs. r. 464-13-.08 Supervisory Certification Requirements

Each person applying for Supervisory level certification must:

(a) Currently hold a supervisory position and have done so for at least one year prior to certification. A supervisory position is defined as one where the holder of such a position is responsible for the direct supervision of personnel occupying basic operational line positions - patrol, investigation, or support. The Position title may be sergeant, corporal, officer-in-charge or team Leader. A person in this position commonly performs both the direct supervision of Personnel and actual law enforcement duties. Also included would be coordination of supervised personnel, evaluation, and record keeping. Determination will be based on job function and not position title.

(b) Complete one (1) of the following POST approved Supervisory/Leadership courses: * 76-hour GPSTC Leadership in Public Safety: Theory and Practice course * 120-hour POST Supervisory Development Course (Typically Supervision Levels I, II, and III) * 160-hour Command College PMP Program Other Supervision or Leadership courses will be evaluated on a case-by-case bases.

History

Authority: O.C.G.A. § 35-8-7(16)
History. Original Rule entitled "Supervisory Certification Requirements" adopted. F. Jan. 11, 1991; eff. Jan. 31, 1991.
Repealed: New Rule, same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.
Amended: F. Oct. 8, 2008; eff. Oct. 28, 2008.
Amended: F. Sept. 29, 2025; eff. Oct. 19, 2025.

Ga. Comp. R. & Regs. r. 464-13-.09 Management Certification Requirements

Each person applying for Management level certification must:

(a) Currently hold a management position and have done so for at least one year prior to certification. A management position is defined as one where the holder occupies a management position in a law enforcement agency which falls between the supervisor and the executive. This position typically involves planning, organizing, public relations, discipline. and general administrative work. Determination will be based on job function and not position title.

(b) Complete one (1) of the following POST approved management courses: * POST Approved Management Development Course- Levels I, II, and III (120 Hours) * GPSTC Management Program - Levels I, II, and III (120 Hours Total) * Carl Vinson Institute - Management Development Course (120 Hours) * Command College PMP Program (160 Hours) * SPI Administrative Officers Course * Northwestern University School of Police Staff & Command * Georgia State Management Development Program * Georgia Southern Management Development Course Other Management courses will be evaluated on a case-by-case bases.

History

Authority: O.C.G.A. § 35-8-7(16)
History. Original Rule entitled "Management Certification Requirements" adopted. F. Jan. 11, 1991; eff. Jan. 31, 1991.
Repealed: New Rule, same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.
Amended: F. Oct. 8, 2008; eff. Oct. 28, 2008.
Amended: F. Sept. 29, 2025; eff. Oct. 19, 2025.

Ga. Comp. R. & Regs. r. 464-13-.10 Executive Certification Requirements

Each person applying for Executive level certification must:

(a) Currently hold an executive or command staff position and have done so for at least one year prior to certification. An executive position is defined as "the highest-level official with direct operational responsibility for a law enforcement agency". Duty positions may be identified by the title of chief of police, sheriff, superintendent, warden, colonel, director, or commissioner. A command staff position is defined as high-level positions within an agency with duty positions over divisions like uniform patrol, investigations, special operations, or office of professional standards. Command staff positions typically hold the ranks of Deputy Chief, Deputy Director, Major, or Captain. As general managers of a law enforcement agency, the executive and command staff members have the administrative responsibility for the policies and performance of the Agency. Determination will be based on job function and not position title.

(b) Complete 120-hours of POST and GACP approved Executive Development Training or * Complete one (1) of the following POST approved Executive courses: * 440-hour GA Law Enforcement Command College Course * FBI National Academy (Approximately 320 Hours) * SPI Administrative Officers Course * IACP Leadership in Police Organizations Course (Approximately 120 Hours) Other Executive courses will be evaluated on a case-by-case bases.

History

Authority: O.C.G.A. § 35-8-7(16)
History. Original Rule entitled "Executive Certification Requirements" adopted. F. Jan. 11, 1991; eff. Jan. 31, 1991.
Repealed: New Rule, same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.
Amended: F. Oct. 8, 2008; eff. Oct. 28, 2008.
Amended: F. Sept. 29, 2025; eff. Oct. 19, 2025.

Ga. Comp. R. & Regs. r. 464-13-.11 Arson Investigator Certification

Each person applying for Arson Investigator certification must:

(a) Have a minimum of six (6) months experience as an arson investigator;

(b) Satisfactorily complete both basic and advanced arson investigator training courses;

(d) Submit notarized application with agency head's signature.

History

Authority: O.C.G.A. Sec. 35-8-7(16)
History. Original Rule entitled "Arson Investigator Certification" adopted. F. Jan. 11, 1991; eff. Jan. 31, 1991.
Repealed: New Rule, same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-13-.12 Training and Certification of Bomb Technicians, Explosive Ordnance Disposal Technicians, and Handler of Animals Trained to Detect Explosives

Any person who is employed by an agency or authority of this state or an agency or authority of a political subdivision of this state as a bomb technician, explosive ordnance disposal technician, handler of an animal trained to detect explosives, or any person who is assigned to such duties shall be required to successfully complete a training program prescribed by Council which shall consist of an initial training program, an apprenticeship, and annual recertification.

History

Authority: O.C.G.A. Sec. 35-8-7(16)
History. Original Rule entitled "Withdrawal or Suspension of Certificates" adopted. F. Jan. 11, 1991; eff. Jan. 31, 1991.
Repealed: New Rule entitled "Training and Certification of Bomb Technicians, Explosive Ordnance Disposal Technicians, and Handlers of Animals Trained to Detect Explosives" adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-13-.13 Reserved

Ga. Comp. R. & Regs. r. 464-13-.14 Jail Training Officer Certification Requirements

Each person applying for Jail Training Officer Certification must:

(a) Possess a minimum of three (3) years experience as a jail officer with a minimum of two (2) years with current agency; and

(b) Complete a Council approved course of instruction for Jail Training Officers.

History

Authority: Authority O.C.G.A. Sec. 35-8-7
History. Original Rule entitled "Jail Training Officer Certification Requirements" adopted. F. Dec. 18, 2007; eff. Jan. 7, 2008.

Ga. Comp. R. & Regs. r. 464-13-.15 Communications Training Officer Certification Requirements

Each person applying for Communications Training Officer Certification must:

(a) Possess a minimum of three (3) years experience as a communications officer with a minimum of two (2) years with current agency; and

(b) Complete a Council approved course of instruction for Communications Training Officers.

History

Authority: Authority O.C.G.A. Sec. 35-8-7
History. Original Rule entitled "Communications Training Officer Certification Requirements" adopted. F. Dec. 18, 2007; eff. Jan. 7, 2008.

Ga. Comp. R. & Regs. r. 464-13-.16 Criminal Investigator Certification Requirements

Each person applying for Criminal Investigator Certification must:

(1) complete the required core courses as prescribed by the Council;

(2) have at least three years experience as a sworn law enforcement officer;

(3) have one year experience as a full-time Criminal Investigator; and

(4) currently assigned to Criminal Investigative duties.

History

History. Original Rule entitled "Criminal Investigator Certification Requirements" adopted. F. Jun. 19, 2012; eff. July 9, 2012.

Ga. Comp. R. & Regs. r. 464-13-.17 Narcotics Officer Certification Requirements

Each person applying for Narcotics Officer Certification must:

(1) complete the required core courses as prescribed by the Council;

(2) have one year experience as a full-time Narcotic Investigator; and

(3) currently assigned to a Criminal Investigative Division assigned to investigate narcotic crimes or work for a Multi-Jurisdictional Drug Task Force.

History

History. Original Rule entitled "Narcotics Officer Certification Requirements" adopted. F. Jun. 19, 2012; eff. July 9, 2012.

Ga. Comp. R. & Regs. r. 464-13-.18 Traffic Accident Reconstruction Specialist Certification Requirements

Each person applying for Traffic Accident Reconstruction Specialist Certification must:

(1) complete the required core courses as prescribed by the Council;

(2) have at least three years experience as a sworn law enforcement officer; and

(3) have one year experience conducting traffic accident investigations.

History

History. Original Rule entitled "Traffic Accident Reconstruction Specialist Certification Requirements" adopted. F. Jun. 19, 2012; eff. July 9, 2012.

Ga. Comp. R. & Regs. r. 464-13-.19 Latent Print Examiner Certification

Each person applying for Latent Print Examiner Certification must:

(1) Complete the required core courses as prescribed by the Council within 36 months of the start date of the first required course;

(2) Currently assigned to Latent Print Examiner duties;

(3) Complete the initial latent proficiency test from an ISO/IEC 17043 accredited provider within twelve (12) months from the date of completion of the last required core course as prescribed by the Council.

(4) Maintain an administrative file documenting completion of required annual latent proficiency tests.

History

Authority: O.C.G.A. § 35-8-7(16)
History. Original Rule entitled "Latent Print Examiner Certification" adopted. F. Dec. 21, 2015; eff. Jan. 10, 2016.
Amended: F. Mar. 24, 2026; eff. Apr. 13, 2026.

Ga. Comp. R. & Regs. r. 464-13-.20 Special Weapons and Tactics (SWAT) Officer Certification

Officers applying for the SWAT Certification must:

(1) Complete the required core courses as prescribed by the Council;

(2) Have at least three years experience as a sworn law enforcement officer; and

(3) Currently assigned to the departmental tactical unit.

History

Authority: O.C.G.A. 35-8-7(23)
History. Original Rule entitled "Special Weapons and Tactics (SWAT) Officer Certification" adopted. F. Dec. 21, 2015; eff. Jan. 10, 2016.

Ga. Comp. R. & Regs. r. 464-13-.21 School Resource Officer (SRO) Certification Requirements

Each person applying for School Resource Officer Certification must:

(1) possess a P.O.S.T. certification as a Peace Officer;

(2) be at least twenty-one (21) years of age;

(3) be employed as a SRO or have a job offer pending as a SRO;

(4) successfully complete the required core courses as prescribed by Council.

History

Authority: O.C.G.A. § 35-8-7(23)
History. Original Rule entitled "School Resource Officer (SRO) Certification Requirements" adopted. F. July 2, 2021; eff. July 22, 2021.

Ga. Comp. R. & Regs. r. 464-13-.22 Peer Counselor Certification Requirements

Each person applying for Peer Counselor Certification must:

(1) possess a P.O.S.T. certification as a Peace Officer, Corrections Officer, Juvenile Correctional Officer, Jailer, or Communications Officer;

(2) complete the required core courses as prescribed by Council;

(3) complete the refresher course as required by Council, prior to the recertification date.

History

Authority: O.C.G.A. § 35-8-7(23)
History. Original Rule entitled "Peer Counselor Certification Requirements" adopted. F. July 2, 2021; eff. July 22, 2021.

Ga. Comp. R. & Regs. r. 464-13-.23 Crime and Intelligence Analyst Certification

Each person applying for Crime and Intelligence Analyst Certification must:

(1) Be at least 18 years of age;

(2) Be a citizen of the United States;

(3) Have a high school diploma or its recognized equivalent;

(4) Not have been convicted by any state or by the federal government of any crime the punishment for which could have been imprisonment in the federal or state prison or institution nor have been convicted of sufficient misdemeanors to establish a pattern of disregard for the law, provided that, for the purposes of this paragraph, violations of traffic laws and other offenses involving the operation of motor vehicles when the applicant has received a pardon shall not be considered;

(5) Be fingerprinted for the purpose of conducting a fingerprint-based search at the Georgia Bureau of Investigation and the Federal Bureau of Investigation to determine the existence of any criminal record.

(6) Possess good moral character as determined by investigation under procedure established by the council and fully cooperate during the course of such investigation;

(7) Be a full-time employee of a state or local law enforcement department within the State of Georgia.

(8) Be in good standing with their departments, and with the Peace Officer Standards and Training Council (P.O.S.T.) if applicable.

(9) Be employed as a criminal intelligence analyst, performing both intelligence analysis and crime analysis; or as a crime analyst whose duties include intelligence analysis; or as a criminal investigator whose duties include performing intelligence analysis for their department on a routine basis.

(10) Successfully complete the core courses as prescribed by Council.

History

Authority: O.C.G.A. § 35-8-7(23)
History. Original Rule entitled "Crime Analyst Certification Requirement" adopted. F. July 2, 2021; eff. July 22, 2021.
Amended: New title, "Crime and Intelligence Analyst Certification." F. Jan. 7, 2025; eff. Jan. 27, 2025.

Ga. Comp. R. & Regs. r. 464-13-.24 Basic Brazilian Jiu Jitsu for Peace Officers Certification

Each person applying for the basic level Brazilian Jiu Jitsu (BJJ) for Peace Officers Certification must:

(a) Possess a Georgia P.O.S.T. certification as a Peace Officer, Corrections Officer, Parole Officer, Probation Officer, or Jailer,

(b) Be currently employed by a Georgia law enforcement agency,

(c) Complete 100 hours of organized BJJ training at a Georgia P.O.S.T. Council approved Brazilian Jiu Jitsu training facility,

(d) Demonstrate proficiency in the prescribed techniques as outlined in the GA P.O.S.T. approved Basic Brazilian Jiu Jitsu Certification curriculum,

(e) GA P.O.S.T. Council Approved Brazilian Jiu Jitsu Training Facilities must meet all GA P.O.S.T. and recognized BJJ industry training standards. GA P.O.S.T. Council will develop methods to accept and evaluate applications for recognition as an approved Brazilian Jiu Jitsu Training Facility. Approval will expire in 12-months from the date of issuance, but may be renewed annually.

History

Authority: O.C.G.A. § 35-8-7(23)
History. Original Rule entitled "Basic Brazilian Jiu Jitsu for Peace Officers Certification" adopted. F. July 19, 2022; eff. Aug. 8, 2022.

Ga. Comp. R. & Regs. r. 464-13-.25 James Calloway Gang Investigator Certification

Definition: Any certified Peace officer of the state of Georgia or any political subdivision thereof whose primary job function is investigating criminal street gangs. Determination will be based on job function and not position title.

Each person applying for James Calloway Gang Investigator Certification must:

(a) be a certified, registered or exempt peace officer currently employed by a Georgia law enforcement agency recognized by the Georgia Peace Officer Standards and Training Council;

(b) have successfully completed the required prerequisite, core, and elective courses conducted by a POST recognized training facility; and

(c) competency requirement: Upon successful completion of the training requirements above, officers must successfully complete the James Calloway Gang Investigator Oral Board prior to eligibility for this POST certification.

History

Authority: O.C.G.A. § 35-8-7
History. Original Rule entitled "James Calloway Gang Investigator Certification" adopted. F. Nov. 20, 2024; eff. Dec. 10, 2024.

Ga. Comp. R. & Regs. r. 464-13-.26 Emergency 911 Director Certification

Each person applying for Emergency 911 Director Certification must:

(a) Be assigned as the Director of an Emergency 911 call center.

(b) Complete a Council approved course of instruction on the management of a public safety answering point and the establishment and operation of E911 systems.

History

Authority: O.C.G.A. § 35-8-7(16)
History. Original Rule entitled "Emergency 911 Director Certification" adopted. F. Nov. 20, 2024; eff. Dec. 10, 2024.

Chapter 464-14 Certification of Communications Officers

Ga. Comp. R. & Regs. r. 464-14-.01 Application for Certification as Communications Officer

Every person required or permitted to be certified as a communications officer shall make application on forms furnished by the Council, and in connection therewith shall, under oath, answer all questions, supply all information, and furnish all certificates, affidavits, waivers to obtain information and other supporting data as required. The written application for certification shall be a permanent record which the officer must maintain current. The application for certification shall be valid for only eighteen (18) months from the date of application. Should the applicant not be certified within said period, the applicant will be required to make a new application and in connection therewith; shall answer all questions, supply all information, and furnish all certificates, affidavits, and other supporting data as required. An application for certification shall be on file with the Council prior to the applicant's employment or appointment as an officer.

History

Authority: O.C.G.A. Sec. 35-8-7 Sec. 35-8-23
History. Original Rule entitled "Application for Certification as Communications Officer" adopted. F. Jan. 5, 1995; eff. Jan. 25, 1995.
Repealed: New Rule, same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-14-.02 Qualifications for Certification: Pre-Employment Requirements

When initially accepted for employment or appointment by a Sponsoring Agency, any candidate seeking certification under these Rules shall:

(a) Be at least eighteen (18) years of age as evidenced by a certified copy of said candidate's birth certificate or other proof of birth acceptable to the Council.

(c) Have a high school diploma or its recognized equivalent or any approved college degree indicating successful completion of high school. A recognized equivalent means a diploma awarded by any state on the basis of a General Education Development (GED) Test.

(d) Be fingerprinted and a search made of local, state, and national fingerprint files to disclose any criminal record;

(e) Not have been convicted by any state or by the federal government of any crime the punishment for which could have been imprisonment in a federal or state prison or institution nor have been convicted of sufficient misdemeanors to establish a pattern of disregard for the law, provided that, for purposes of this paragraph, violations of traffic laws and other offenses involving the operation of motor vehicles when the applicant has received a pardon shall not be considered.

(f) Possess good moral character as determined by investigation under procedure established by the Council.

(g) Be found, after examination by a licensed physician or surgeon, to be free from any physical, emotional, or mental conditions which might adversely affect his/her exercising the duties of a communications officer, and;

(h) Have an oral interview with the hiring authority or its representative to determine the applicant's appearance, background, and ability to communicate.

History

Authority: O.C.G.A. Sec. 35-8-7, 35-8-23
History. Original Rule entitled "Qualifications for Certification: Pre-employment Requirements" adopted. F. Jan. 5, 1995; eff. Jan. 25, 1995.
Repealed: New Rule, same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-14-.03 Repealed

History

Authority: O.C.G.A. Sec. 35-8-7, 35-8-23
History. Original Rule entitled "Qualifications for Certification, Training Requirements" adopted. F. Jan. 5, 1995; eff. Jan. 25, 1995.
Repealed: F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-14-.04 Repealed

History

Authority: O.C.G.A. Sec. 35-8-7, 35-8-23
History. Original Rule entitled "Applications to be Permanent Records: Responsibility to Keep Current" adopted. F. Jan. 5, 1995; eff. Jan. 25, 1995.
Repealed: F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-14-.05 Repealed

History

Authority: O.C.G.A. Sec. 35-8-7, 35-8-23
History. Original Rule entitled "Notification of Disciplinary Action" adopted. F. Jan. 5, 1995; eff. Jan. 25, 1995.
Repealed: F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-14-.06 Repealed

History

Authority: O.C.G.A. Sec. 35-8-7, 35-8-23
History. Original Rule entitled "Notification Required by Communications Center" adopted. F. Jan. 5, 1995; eff. Jan. 25, 1995.
Repealed: F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-14-.07 Repealed

History

Authority: O.C.G.A. Sec. 35-8-7, 35-8-23
History. Original Rule entitled "Inquiries to Determine Compliance" adopted. F. Jan. 5, 1995; eff. Jan. 25, 1995.
Repealed: F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-14-.08 Repealed

History

Authority: O.C.G.A. Sec. 35-8-7, 35-8-23
History. Original Rule entitled "Notification of Disciplinary Action" adopted. F. Jan. 5, 1995; eff. Jan. 25, 1995.
Repealed: F. Mar. 19, 1998; eff. Apr. 8, 1998.

Chapter 464-15 Registration of Communications Officers

Ga. Comp. R. & Regs. r. 464-15-.01 Application for Registration

(1) Every person required or permitted to be registered as a communications officer shall make application on forms furnished by the Council, and in connection therewith shall, under oath, answer all questions, supply all information, and furnish all certificates, affidavits, waivers to obtain information and other supporting data as required. Any untrue, misleading or omitted and other supporting data as required. Any untrue, misleading or omitted statement contained in any such application shall be cause for denial, and if any registration has been granted, it shall be cause for the revocation of same.

(2) All applications for registration as a communications officer must be received by the Council by July 1, 1999. No person shall be permitted to submit an application for registration after that date. All persons filing applications after that date shall be required to meet the certification requirements of a communications officer.

History

Authority: O.C.G.A. Sec. 35-8-7, 35-8-23
History. Original Rule entitled "Application for Registration" adopted F. Jan. 5, 1995; eff. Jan. 25, 1995.
Repealed: New Rule, same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-15-.02 Repealed

History

Authority: O.C.G.A. Sec. 35-8-7, 35-8-23
History. Original Rule entitled "Applications to be Permanently Recorded: Responsibility to Keep Current" adopted F. Jan. 5, 1995; eff. Jan. 25, 1995.
Repealed: F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-15-.03 Repealed

History

Authority: O.C.G.A. Sec. 35-8-7, 35-8-23
History. Original Rule entitled "Notification of Disciplinary Action" adopted F. Jan. 5, 1995; eff. Jan. 25, 1995.
Repealed: F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-15-.04 Repealed

History

Authority: Authority O.C.G.A. Sec. 35-8-7, 35-8-23
History. Original Rule entitled "Notification Required by Communications Center" adopted F. Jan. 5, 1995; eff. Jan. 25, 1995.
Repealed: F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-15-.05 Repealed

History

Authority: O.C.G.A. Sec. 35-8-7, 35-8-23
History. Original Rule entitled "Inquiries to Determine Compliance" adopted F. Jan. 5, 1995; eff. Jan. 25, 1995.
Repealed: F. Mar. 19, 1998; eff. Apr. 8, 1998.

Chapter 464-16 Training of Communications Officers

Ga. Comp. R. & Regs. r. 464-16-.01 Basic Course

The Council shall formulate and promulgate a program of instruction for each category of communications officers it deems necessary. The program will comprise fundamental communications skill and knowledge, and shall be designated the basic course. Those not employed with a communications center may be allowed to attend the basic course. All tuition and costs associated with attendance in the basic course by the preservice attendee shall be paid by said attendee. Individuals employed as a communications officer must attend the basic course within six (6) months of the initial date of employment in order to perform the duties of a communications officer.

History

Authority: Sec. 35-8-7, 35-8-23
History. Original Rule entitled "Basic Course" adopted F. Jan. 5, 1995; eff. Jan. 25, 1995.
Repealed: New Rule, same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-16-.02 Basic, In-Service Training and Specialized/Advanced Course Administration

Each person applying for Communications Officer Certification must meet the following requirements:

Basic, in-service, and specialized/advanced courses shall be administered by schools certified in accordance with these Rules, except that the Council may, in its discretion, recognize college, junior college, technical school, trade school, or similar institution which is substantially equivalent to that which the Council may establish. The Basic Communications Officer Training Course shall at all times be delivered on the premises of an academy certified in accordance with these Rules or sites specifically approved by Council, and be delivered to the entire class as a single entity except where certain remedial training is required by P.O.S.T. policy.

(a) SB505 required by January 1, 2024, the P.O.S.T. Council, in coordination with the Georgia Emergency Communications Authority (GECA), shall establish an amount of continuing education units to be annually completed by communications officers. During a meeting P.O.S.T. Council staff and the GECA agreed on requiring 10 hours of annual in-service training. On or after January 1, 2025, no person shall be certified by the P.O.S.T. Council under this Code section unless such person has satisfactorily completed such training.

History

Authority: O.C.G.A. § 35-8-7(23)
History. Original Rule entitled "Basic, In-Service Training and Specialized/Advanced Course Administration" adopted F. Jan. 5, 1995; eff. Jan. 25, 1995.
Repealed: New Rule, same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.
Amended: F. Dec. 27, 2024; eff. Jan. 16, 2025.

Ga. Comp. R. & Regs. r. 464-16-.03 Instructor Training Course

All Communications Officers wishing to instruct in the Basic Communications Officer Training Course must be certified P.O.S.T. instructors, having attended training specified in 464-05-.04 of these Rules, and in compliance with Chapter 464-6 of these Rules, as specified by Council.

History

Authority: O.C.G.A. Sec. 35-8-7, 35-8-23
History. Original Rule entitled "Instructor Training Course" adopted F. Jan. 5, 1995; eff. Jan. 25, 1995.
Repealed: New Rule, same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-16-.04 Schools Required to be Certified

All schools which intend to offer the Basic Communications Officer Training Course must meet the certification standards as outlined in 464-05-.05 of these Rules.

History

Authority: Authority O.C.G.A. Secs. 35-8-7, 35-8-23
History. Original Rule entitled "Schools Required to Be Certified" adopted. F. Jan. 5, 1995; eff. Jan. 25, 1995.
Repealed: New Rule of same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.
Amended: F. Dec. 18, 2007; eff. Jan. 7, 2008.

Ga. Comp. R. & Regs. r. 464-16-.05 All Other Rules of the Council Applicable

All rules of the Georgia Peace Officers Standards and Training Council not specifically addressed in Chapter 16 are applicable and enforceable to all those entering or continuing employment as a Communications Officer with a Communications Center, as specified by Council Rules and the law.

History

Authority: O.C.G.A. Sec. 35-8-7, 35-8-23
History. Original Rule entitled "All Other Rules of the Council Applicable" adopted F. Jan. 5, 1995; eff. Jan. 25, 1995.
Repealed: New Rule, same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.

Chapter 464-17 Repealed

Ga. Comp. R. & Regs. r. 464-17-.01 Repealed

History

Authority: O.C.G.A. 35-8-7, 35-8-32
History. Original Rule entitled "Requirements and Standards for Comminications officers" adopted. F. Jan. 5, 1995; eff. Jan. 25, 1995.
Repealed: F. Mar. 19, 1998; eff. Apr. 8, 1998.

Ga. Comp. R. & Regs. r. 464-17-.02 Repealed

History

Authority: O.C.G.A. 35-8-7, 35-8-23
History. Original Rule entitled "Proceedings to Issue Certificate or Discipline Comminications Officer" adopted. F. Jan. 5, 1995; eff. Jan. 25, 1995.
Repealed: F. Mar. 19, 1998; eff. Apr. 8, 1998.

Chapter 464-18 Petitions to Council

Ga. Comp. R. & Regs. r. 464-18-.01 Petition for Reinstatement of Certification or Reconsideration of Application

(a)

After two (2) years (24 calendar months) in a revoked or denied status, a former officer or applicant may petition Council for reinstatement of certification or reconsideration of application. The written petition must contain the following information:

(1) Name, Officer Key (O-key) Number, present address and telephone number of petitioner, and

(2) A statement clearly outlining why the petitioner feels that a reinstatement or reconsideration is justified.

(b) The petitioner must personally appear before the Council. Even if represented by an attorney, the petitioner may be questioned by the Council.

(c) If a petition is denied, a new petition may not be presented to Council until two (2) years (24 calendar months) have passed from the date of the denial.

(d) If a petition is approved, the Council has the discretion to condition approval upon any of the disciplinary or corrective measures provided in the Georgia Peace Officer Standards and Training Act.

History

Authority: O.C.G.A. § 35-8-7(23)
History. Original Rule entitled "Petition for Reinstatement of Certification or Reconsideration of Application" adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.
Amended: F. Jan. 11, 2021; eff. Jan. 31, 2021.

Ga. Comp. R. & Regs. r. 464-18-.02 Request for Waiver or Extension

(a) Except as otherwise provided by law and for good cause shown, the Council may, in the exercise of its discretion, grant a waiver or waivers of an existing requirement or grant a reasonable period or periods of extension of any requirement imposed under these Rules. All requests for waivers or extensions must be submitted in writing.

(b)

The written request must contain the following information:

(1) Name, Officer Key (O-Key) Number, present address and telephone number of person requesting waiver or extension, and

(2) A statement clearly outlining why the requestor feels that a waiver of extension is justified.

History

Authority: § O.C.G.A. 35-8-7(23)
History. Original Rule entitled "Request for Waiver or Extension" adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998.
Amended: F. Jan. 11, 2021; eff. Jan. 31, 2021.

Ga. Comp. R. & Regs. r. 464-18-.03 Administrative Fee

An administrative fee, as prescribed by the Council, must be submitted with the written request.

History

Authority: Authority O.C.G.A. Sec. 35-8-7
History. Original Rule entitled "Administrative Fee" adopted. F. Dec. 18, 2007; eff. Jan. 7, 2008.