503 KAR | Title 503 KAR — Justice and Public Safety Cabinet - Department of Criminal Justice Training

Chapter 1 Kentucky Law Enforcement Council

503 KAR 1:060 Definitions for 503 KAR Chapter 1 {#sec-503-kar-1-060 omnilex-key=us-ky-regs-official--title-503--503 KAR 1:060}

Section 1. Definitions.

(1) "Applicant" means an individual seeking certification from the council.

(2) "Approval" means the act of the council in deciding that the requirements for a law enforcement officer, school, or instructor, pursuant to KRS 15.310 to 15.515 and 15.990 to 15.992, have been met.

(3) "Certification" means:

(a) Approval by the council; and

(b) Issuance of a certificate from the council as evidence of its approval.

(4) "Council" means the Kentucky Law Enforcement Council as established pursuant to KRS 15.315.

(5) "DOCJT" means the Department of Criminal Justice Training.

(6) "Fund" means the Law Enforcement Foundation Program Fund of the Kentucky Justice and Public Safety Cabinet as established in KRS 15.430.

(7) "Fund administrator" means the person responsible for administering the Law Enforcement Foundation Program Fund.

(8) "In-service" means a training course that is available to a certified officer who has previously completed a KLEC approved basic training academy.

(9) "KLEC" means the Kentucky Law Enforcement Council as established pursuant to KRS 15.315.

(10) "KLEC office" means the Office of Kentucky Law Enforcement Council Support as created by Executive Order 2016-0902 and confirmed by 2017 Kentucky Acts ch. 38, § 3;

(11) "Recognized school" means a school that has not been certified by the council (for example, an out-of-state school), but is considered to provide training equal to or greater than similar training offered by the department.

(12) "Recruit" means a person attending a basic training course approved by the KLEC .

(13) "Significant life change" means divorce, change in employment, death of a family member, change of residence, bankruptcy or other economic hardship, or other modification which has substantial impact on an individual.

(14) "Submit" means transmission by mail, facsimile, or electronic means, and is completed upon receipt by the person to whom it was directed.

(15) "Trainee" means a person attending a law enforcement training course (other than the law enforcement basic training course), as approved by the KLEC.

History

RELATES TO: KRS 15.310, 15.315, 15.320, 15.325, 15.330, 15.334, 15.335, 15.340, 15.350, 15.360, 15.370, 15.380, 15.382, 15.384, 15.386, 15.388, 15.390, 15.391, 15.392, 15.394, 15.396, 15.3971, 15.3973, 15.3975, 15.3977, 15.3979, 15.398, 15.400, 15.402, 15.404, 15.430, 15.450(1)
STATUTORY AUTHORITY: KRS 15.330(1)(h)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15.330(1)(h) authorizes the Kentucky Law Enforcement Council to promulgate reasonable administrative regulations to implement KRS 15.310 through 15.404. This administrative regulation defines terms used in 503 KAR Chapter 1.
History: 11 Ky.R. 1537; eff. 5-14-1985; Am. 25 Ky.R. 613; 1870; eff. 2-18-1999; 41 Ky.R. 326; 747; eff. 10-31-2014; 48 Ky.R. 966, 2046; eff. 4-5-2022.

503 KAR 1:070 Training: qualifications; application {#sec-503-kar-1-070 omnilex-key=us-ky-regs-official--title-503--503 KAR 1:070}

Section 1. Admission Qualifications. A certified school may decide what persons are qualified to enroll in its courses. Only a police officer, as defined in KRS 15.420(2), shall gain or retain eligibility to participate in the fund by completing a course at a certified or recognized school.

Section 2. Falsification of Application. Knowing or willful falsification of an application to a council-approved course shall be justification for denying admission to the course.

History

RELATES TO: KRS 15.330(1)(c), 15.440
STATUTORY AUTHORITY: KRS 15.330(1)(c), (h)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15.330(1)(c) authorizes the Kentucky Law Enforcement Council to prescribe qualifications for attendance at schools certified by the council to conduct those law enforcement training courses required by KRS 15.440 for police officers in order for them to gain or retain eligibility to participate in the Law Enforcement Foundation Program Fund. This administrative regulation establishes qualifications for attending law enforcement courses at certified schools and procedures to be followed in applying for admission to a course.
History: 11 Ky.R. 1538; eff. 5-14-1985; Am. 12 Ky.R. 1627; eff. 5-6-1986; TAm. eff. 7-9-2013; 41 Ky.R. 590; 1055; eff. 12-5-2014; Crt eff. 2-26-2020.

503 KAR 1:080 Certification of schools {#sec-503-kar-1-080 omnilex-key=us-ky-regs-official--title-503--503 KAR 1:080}

Section 1. Application Procedures.

(1) Any agency, group, or individual may apply to the council to establish:

(a) A certified basic training school;

(b) A certified in-service training school; or

(2) The application shall:

(a) Be in writing on a KLEC Form 3, School Certification Application; and

(b) Include information regarding the:

Curriculum;
Instructors;
Facilities; and
Equipment.

Section 2. Review of Application.

(1) Upon receiving a properly completed application for certification of a school, the council or the KLEC office acting on behalf of the council shall:

(a) Conduct an on-site inspection of the facility and equipment; and

(b) Thoroughly examine the curriculum and instructors of the applying school.

(2) The council shall determine whether the applying school offers training at least equal to the equivalent training provided by the department-based upon the following criteria:

(a) Staff:

Adequate administrative and support staffing;
Number of full-time instructors;
Number of part-time instructors; and
KLEC certification of all instructors, including guest instructors;

(b) Curriculum:

Type of training to be offered; and
Certification of all curricula;

Use of outlines, study guides, handouts, electronic presentations, textbooks, or similar class materials; and
Availability of training aids, which may include :

a. Chalk or white board;

b. Flip chart and easel;

c. Charts;

d. Enlarged photographs;

e. Scale models;

f. Screen;

g. Projector;

h. Monitors;

i. Internet capability;

j. Satellite dish capability; and

k. Distance learning capability; and

(d) Hours and capacity:

Number of students that can be trained annually;
Number of times annually that a course is offered;
Maximum number of students per class; and
Hours of operation.

(3) The council shall determine whether the applying school's personnel, facilities, and procedures meet minimum standards for safety and quality based upon the following criteria:

(a) Physical facilities:

Type and age of buildings;
Number of classrooms;
Adequate heating, air conditioning, and ventilation;
Adequate lighting;
Adequate furniture;
Available library with adequate number of copies of standard reference material necessary for subject matter taught; and
Available physical training facilities; and

(b) Firearms range:

Location;
Distance from classroom;
Travel time from classroom to range;
Available transportation to range;
Types of courses available (bullseye, silhouette, combat, or other practical shooting course);
Range rules posted and enforced;
Certified firearms instructor present at all training sessions;
Established and enforced safety precautions for loading and storing of ammunition; and
Backstop which will contain slugs and prevent ricochets.

(4) An applying school shall not be certified if found to be deficient in any of the areas established in subsections (2) and (3) of this section.

Section 3. Approval Procedure. The council, at its first regular meeting after the evaluation has been completed, shall vote whether to approve the applying school.

Section 4. Notification of Council Action; Certification.

(1) The council or the KLEC office acting on behalf of the council shall notify the applying school and fund administrator within thirty (30) days of the council's action whether the school is approved.

(2) If an applying school is approved, the council shall issue a certificate stating:

(a) That the school has been certified; and

(b) That the school offers:

Basic training;
In-service training; or
Both.

Section 5. Inspections. A school certified by the council shall be subject to inspection by the council or the KLEC office acting on behalf of the council to determine if the school is maintaining the standards required for certification.

Section 6. Revocation of Certification.

(1) A school's certification shall be revoked by the council if a school has been found not to have maintained the standards required for certification.

(2) If certification is revoked, the school and the fund administrator shall be notified of the revocation by the council or the KLEC office acting on behalf of the council within fifteen (15) days. The council shall not recertify a school until the deficiency has been corrected.

Section 7. Incorporation by Reference.

(1) KLEC Form 3 "School Certification Application", 2021 edition, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Law Enforcement Council, 4449 Kit Carson Drive , Richmond, Kentucky 40475-3102, Monday through Friday, 8 a.m. to 4:30 p.m. This material is also available on the Council's website at https://klecs.ky.gov/.

History

RELATES TO: KRS 15.330(1)(a), (e), (g)
STATUTORY AUTHORITY: KRS 15.330(1)(a), (e), (g), (h)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15.330(1)(a) authorizes the Kentucky Law Enforcement Council to prescribe standards for approval and continuation of approval of schools which conduct law enforcement training courses required under KRS 15.310 to 15.510 and 15.990 to 15.992. KRS 15.330(1)(e) authorizes the council to issue certificates to a law enforcement training school. This administrative regulation establishes standards and procedures for approval and certification.
History: 11 Ky.R. 1539; eff. 5-14-1985; Am. 25 Ky.R. 614; 1871; eff. 2-18-1999; 41 Ky.R. 591; 1056; eff. 12-5-2014; 48 Ky.R. 968; eff. 4-5-2022.

503 KAR 1:090 Approval of course curriculums {#sec-503-kar-1-090 omnilex-key=us-ky-regs-official--title-503--503 KAR 1:090}

Section 1. Submission Requirements. For the council to adequately determine the merits of a proposed course curriculum or proposed revision to a previously approved curriculum, the proposed curriculum or proposed revision shall:

(1) Be submitted to the council at least forty-five (45) days prior to the date of anticipated review;

(2) Be submitted by a recognized school or a school certified by the council ;

(3) Be taught by one (1) or more certified instructors or instructors whose certification has been waived by the Kentucky Law Enforcement Council;

(4) Be submitted with a completed KLEC Form 31 to the Kentucky Law Enforcement Council;

(5) Include a specific learning objective for every portion of the course;

(6) Include a course description;

(7) Include a description of the method of student learning evaluation;

(8) Include a bibliography;

(9) Include a schedule indicating the number of hours for each block of instruction; and

(10) Indicate and justify a passing performance level on all student learning evaluations.

Section 2. School Endorsement. A proposed course curriculum or proposed curriculum revision submitted by a school shall be endorsed by the director of the school or the director's designee.

Section 3. Approval Procedure. Upon review of the merits of a proposed course curriculum or proposed curriculum revision in accordance with Section 1 of this administrative regulation, the council shall vote whether to approve, approve with stipulations, or disapprove. Course curriculum approval shall last for only three (3) years. Curriculums that are to be continued shall be resubmitted for approval at least forty-five (45) days before the council meeting that occurs last before the expiration of the three (3) year period.

Section 4. Notification of Council Action. Within sixty (60) days of the council's vote, the council shall complete KLEC Form 33 and notify in writing the school that submitted the curriculum, whether the curriculum or curriculum revision was approved.

Section 5. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) KLEC Form 31, "Curriculum Development Form", 2021; and

(b) KLEC Form 33, "Curriculum Development Approval Form", 2021.

History

RELATES TO: KRS 15.330(1)(a), (g), (h), 15.440
STATUTORY AUTHORITY: KRS 15.330(1)(a), (h)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15.330(1)(a) authorizes the Kentucky Law Enforcement Council to prescribe standards for the approval and continuation of approval of schools which conduct law enforcement and telecommunications training courses, including minimum standards for curriculums for courses. This administrative regulation establishes standards and procedures for approval of curriculum for courses.
History: 11 Ky.R. 1540; Am. 1775; eff. 5-14-1985; 16 Ky.R. 1981; eff. 5-13-1990; 41 Ky.R. 593; 1978; eff. 4-3-2015; 48 Ky.R. 970, 2046; eff. 4-5-2022.

503 KAR 1:100 Certification of instructors {#sec-503-kar-1-100 omnilex-key=us-ky-regs-official--title-503--503 KAR 1:100}

Section 1. Application for Certification.

(1) Applications for instructor certification, additional certification, and certification renewal shall be made to the council.

(2) An application for instructor certification form, KLEC Form 1; application for additional certification, KLEC Form 6; or application for certification renewal, KLEC Form 5, shall be submitted to the Kentucky Law Enforcement Council at least forty-five (45) days prior to the date of the anticipated review.

(3) To become certified, an applicant shall:

(a) Have at least three (3) years of law enforcement experience or experience in the specific field, subject matter, or academic discipline to be taught;

(b) Have earned a high school diploma or its equivalent as determined by the council; and

Section 2. Waivers. The council may waive any training requirements for instructors who are licensed as professionals, including attorneys, physicians, or nurses. The council may also waive any training requirements for other experts if the reasons for waiver and the individual's qualifications are supported by a current resume or curriculum vitae and stated in the council's minutes. The application for waiver, KLEC Form 8, shall be submitted to the Kentucky Law Enforcement Council at least forty-five (45) days prior to the date of the anticipated review.

Section 3. Application Process. Applications for instructor certification, additional certification, waivers, and renewal of certification shall be reviewed by the council. The council, at its first regular meeting after the review has been completed, shall vote whether to approve the application.

Section 4. Granting of Certification. If the council grants certification to an applicant, the council shall notify the applicant in writing within fifteen (15) days of the council's action.

Section 5. Instructor Certificate.

(1) Instructor certificates shall be issued to instructors only upon initial certification.

(2) Upon approval of an application, the council shall issue an instructor certificate stating that the instructor has been approved to instruct.

Section 6. Denial, Revocation, and Reinstatement of Certification. The council shall deny certification to an applicant who fails to meet the requirements and shall revoke certification for demonstrated incompetence, immoral conduct, or other good cause, as determined by the council. Any instructor who fails to instruct during the five (5) year period of certification shall be required to request reinstatement of certification by submitting a completed KLEC Form 5 to the council and supplying a current KLEC monitor evaluation. When the council denies certification to an applicant, revokes certification, or denies recertification or reinstatement of certification to an instructor, the council shall notify the person of the council's action in writing within fifteen (15) days.

Section 7. Length of Certification. Certification shall be for a period of five (5) years. At the end of the five (5) year period, certification may be renewed by the council if the instructor has instructed for a minimum of five (5) hours in an approved course provided by a certified school during that five (5) year period and the instructor is recommended by the director of that certified school. The instructor shall provide a report certifying that he or she has been monitored by a KLEC monitor.

Section 8. Monitoring of Instructors. The council may monitor each instructor during the first year of certification and biennially thereafter to determine if the instructor is teaching to the stated goals and objectives of the course and is meeting generally accepted standards of the teaching profession.

Section 9. Instructor Directory. Each certified instructor shall be listed in an official directory of the council which shall identify each subject that the instructor has been certified to instruct. The directory shall be published, allowing for changes through the use of supplements. The council shall publish annual supplements to the directory within fifteen (15) days after each quarterly council meeting, and the supplements shall include all certification changes, including additions, deletions, and renewals for the year. The council shall provide each certified school with a copy of the directory.

Section 10. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) KLEC Form 1, "Application for Instructor Certification", 2021;

(b) KLEC Form 5, "Instructor - Continued Certification", 2021;

(d) KLEC Form 8, "Request for Waiver", 2021.

History

RELATES TO: KRS 15.330(1)(a), (b), (e), (h)
STATUTORY AUTHORITY: KRS 15.330(1)(a), (b), (e), (h)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15.330(1)(a), (b), and (e) authorize the Kentucky Law Enforcement Council to certify instructors at certified schools and to revoke certifications. This administrative regulation establishes standards and procedures for certification of instructors and revocation of instructor certifications.
History: 11 Ky.R. 1542; Am. 1776; eff. 5-14-1985; 12 Ky.R. 1628; eff. 5-6-1986; 14 Ky.R. 242; eff. 9-10-1987; TAm 10-19-2012; 41 Ky.R. 595; 1057; eff. 12-5-2014; 48 Ky.R. 971,2047; eff. 4-5-2022.

503 KAR 1:110 Department of Criminal Justice Training basic training: graduation requirements; records {#sec-503-kar-1-110 omnilex-key=us-ky-regs-official--title-503--503 KAR 1:110}

Section 1. Peace Officer Basic Training Graduation Requirements. To graduate from the department's basic training course, a recruit shall:

(1) Successfully complete a minimum of 800 hours of training, based upon the curriculum approved by the Kentucky Law Enforcement Council in accordance with KRS 15.330 and 503 KAR 1:090;

(2) Pass all assessments or examinations as outlined in the current KLEC-approved curriculum; and

(3) Successfully complete all other assignments, exercises, and projects included in the course. After-hours assignments may be required, and shall be successfully completed to pass the training segment for which they were assigned.

Section 2. Physical Training Requirements. A recruit who is required to complete basic training to fulfill the peace officer certification provisions established in KRS 15.380 to 15.404 shall meet the physical training entry and graduation requirements established in this section.

(1) Physical training entry requirements.

(a) Within five (5) days from the first date of the basic training course, the recruit shall be tested in all physical training areas set forth in 503 KAR 1:140 Section 4(4)(a), as instructed and evaluated by qualified department instructors; and the evaluation standards for those tests shall meet or exceed the standards required for peace officer precertification status under KRS 15.386.

(b) Retest.

A recruit who fails to meet the lowest performance level in a test event, thus earning a zero point value for that event, shall be granted a retest opportunity in that event without having to retest in the other events for which a point value was obtained, except that a retest shall not be granted unless the maximum value of eleven (11) points would allow the applicant to meet the required overall fifty (50) point minimum.
A recruit who obtains a point value for each event, but does not obtain an overall score of fifty (50), shall be retested on the physical training entry test again, in its entirety.
A retest shall not occur any sooner than forty-eight (48) hours or any later than seventy-two (72) hours from the date of the initial test attempt.
All failed events shall be retested on the same date.
If the recruit passes all previously failed events on the date of the retest, the recruit shall have met the entry requirements.
If the recruit does not pass all previously failed events on the date of the retest, the recruit shall be unqualified to participate in the department's basic training course for which he is currently enrolled, and may reapply to participate in a future department basic training course. The recruit shall receive no credit for the part of the basic training course which he has completed.

(2) Physical training graduation requirements.

(a) To graduate, the recruit shall successfully complete the physical ability requirements in 503 KAR 1:140 Section 4(4)(b) within ten (10) days of graduation from law enforcement basic training, which, except for the entry test score requirements in subsection (1)(a) of this administrative regulation, shall be administered in the same order and in conformity with the KLEC Physical Fitness Testing Protocols, incorporated by reference in 503 KAR 1:140, as instructed and evaluated by qualified department instructors.

(b) If a recruit passes all events when participating in the physical training graduation test, the recruit shall have met the physical training graduation requirements.

The recruit shall retest in the failed events no earlier than forty-eight (48) hours after the date of the graduation test, but not later than the last scheduled date of the basic training course;
All failed events shall be retested on the same date;
If the recruit passes all previously failed events on the date of the retest, the recruit shall have met the physical training graduation requirements; and
If the recruit does not pass all previously failed events on the date of the retest, the recruit shall fail basic training.

(3) A physical training midpoint assessment shall be administered to the recruits at the midpoint of the basic training course for purposes of reporting their progress to their respective law enforcement agencies.

Section 3. Removal and Repetition of Basic Training.

(1) Failure of Training.

(a) A recruit that is removed from basic training due to a training segment failure pursuant to Section 5 of this administrative regulation shall:

Be removed from the basic training class;
Reenter basic training in a subsequent class that has the first available vacancy;
Start the training at the beginning of the training segment that the recruit did not successfully complete; and
Pay all applicable fees for the repeated basic training course in accordance with 503 KAR 3:030.

(b) Upon the recruit's return, the recruit shall attend and participate at the beginning of the segment failed.

In accordance with 503 KAR 3:030, Section 6(2), the recruit's hiring agency shall prepay to the department the full tuition, room, and board costs of repeating the training segment which was failed. The hiring agency may recover these costs of repeating the training segment from its recruit; and
If the training segment is successfully completed, the recruit shall continue with the remainder of the basic training course.

(c) A recruit who is permitted to return to basic training in accordance with this section and is removed due to failure a second time shall:

Be required to repeat basic training in its entirety; and
Pay all costs of repeating the entire basic training course in accordance with 503 KAR 3:030.

(2) Failure of the physical training graduation requirements. A recruit who fails the physical training graduation requirement in Section 2(2) of this administrative regulation:

(a) Shall not graduate with the recruit's basic training class;

(b) Shall be permitted to retest with the next basic training class; and

(3) A recruit who is permitted to return to basic training in accordance with this section and is removed due to failure a second time shall:

(a) Be required to repeat basic training in its entirety; and

(b) Pay all costs of repeating the entire basic training course in accordance with 503 KAR 3:030.

Section 4. Basic Training Curriculum.

(1) The basic training curriculum shall consist of training segments and topics listed in the current KLEC-approved curriculum. Each training segment shall include one (1) or more of the topics listed in subsection (2) of this section. All topics listed in subsection (2) of this section shall be covered to qualify for graduation.

(2) Basic Training Topics.

(a) Legal subjects;

(b) Physical training;

(d) Patrol;

(e) Vehicle operations;

(f) Firearms;

(g) Criminal investigation;

(h) D.U.I./Field sobriety testing;

(i) Breath testing; or

(j) Practical evaluation/testing.

Section 5. Practical Test and Examinations.

(1) Scheduled practical tests or examinations shall be administered to recruits at the completion of each segment of basic training identified in the law enforcement basic training curriculum that is currently approved by the Kentucky Law Enforcement Council. Each segment shall include one (1) or more of the topics listed in Section 4 of this administrative regulation.

(2) A recruit shall be permitted one (1) re-test per practical test or examination failed during basic training, but shall not exceed a total of two (2) re-tests during basic training.

(3) A recruit who fails a practical test or examination shall not be re-tested:

(a) Earlier than forty-eight (48) hours from the original test or examination; or

(b) Later than:

Five (5) days after the original test or examination. A recruit may submit a written request to the training director or his designee for an additional five (5) days in which to re-take the practical test or examination ; and
The last scheduled day of the basic training course.

(4) A recruit shall fail basic training if the recruit fails:

(a) A practical test or examination and fails to complete the re-take as authorized by this section;

(b) A practical test or examination re-take; or

Section 6. Absence.

(1) A recruit may have excused absences from the course with approval of the director of the certified school or his designee.

(2) An excused absence from the course which causes a recruit to miss any of the required hours of basic training shall be made up through an additional training assignment.

Section 7. Circumstances Preventing Completion of Basic Training.

(1) If a recruit is prevented from completing the basic training course due to extenuating circumstances beyond the control of the recruit, including injury, illness, personal tragedy, or agency emergency, he shall be permitted to complete the unfinished areas of the course within 180 days immediately following the termination of the extenuating circumstance, if the:

(a) Extenuating circumstance preventing completion of basic training does not last for a period longer than one (1) year; and

(b) Failure to complete is not caused by a preexisting physical injury or preexisting physiological condition.

(2) If a recruit is prevented from completing the basic training course due to being called for active duty in the Kentucky National Guard or other branches of the United States Armed Forces, the recruit shall be permitted to complete the unfinished areas of the course within 180 days immediately following his or her return from active duty service.

Section 8. Termination of Employment while Enrolled. If, while enrolled in the basic training course, a recruit's employment as a police officer is terminated by dismissal, and the recruit is unable to complete the course, the recruit shall complete the remaining training within one (1) year of reemployment as an officer. The recruit shall repeat basic training in its entirety if:

(1) The break in employment exceeds one (1) year; or

(2) The termination of employment is a result, directly or indirectly, of disciplinary action taken by the department against the recruit while enrolled in the basic training course.

Section 9. Maintenance of Records.

(1) At the conclusion of each basic training course, the department shall forward a final roster indicating the pass or fail status of each recruit to the council.

(2) All training records required for fund purposes shall be retained by the department, but a copy of pertinent facts shall be sent to the fund administrator upon written request.

(3) All training records shall be:

(a) Available to the council, the secretary, and the fund administrator for inspection or other appropriate purposes; and

(b) Maintained in accordance with applicable provisions of KRS Chapter 171.

History

RELATES TO: KRS 15.330(1)(c), (f), 15.386(1), 15.404(1), 15.440(1)(d)
STATUTORY AUTHORITY: KRS 15.330(1)(c), (f), (h), 15.334(4), 15.440(1)(d)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15.330(1)(f) and (h) authorize the Kentucky Law Enforcement Council to approve law enforcement officers as having met the requirements for completion of law enforcement training and to promulgate administrative regulations to implement that requirement. This administrative regulation establishes requirements for graduation from the Department of Criminal Justice Training basic training course, which meets the requirements for peace officer certification and participation in the Kentucky Law Enforcement Foundation Program Fund, and for maintenance of basic training records.
History: 11 Ky.R. 1542; 1776; eff. 5-14-1985; 12 Ky.R. 1628; eff. 5-6-1986; 16 Ky.R. 1982; 2412; eff. 5-13-1990; 26 Ky.R. 1203; 2-14-2000; 27 Ky.R. 2574; 3083; eff. 5-14-2001; 29 Ky.R. 2340; 2883; eff. 6-16-2003; 31 Ky.R. 1733; 32 Ky.R. 68; eff. 8-5-2005; 953; 1395; eff. 3-3-2006; 33 Ky.R. 2138; 2944; eff. 4-6-2007; 35 Ky.R. 1012; 1457; eff. 1-5-2009; 36 Ky.R. 2383; 37 Ky.R. 127; 702; eff. 10-2-2010; 38 Ky.R. 1795; 1953; eff. 7-6-2012; 41 Ky.R. 2626; 42 Ky.R. 284; eff. 9-4-2015; 45 Ky.R. 462, 1047; eff. 12-7-2018; 48 Ky.R. 973, 2048; eff. 4-5-2022.

503 KAR 1:120 Professional development in-service training: graduation requirements; recognized courses; records {#sec-503-kar-1-120 omnilex-key=us-ky-regs-official--title-503--503 KAR 1:120}

Section 1. In-service Training Graduation Requirements.

(1) A trainee in an in-service training course:

(a) Shall participate in the minimum hours prescribed for the course; and

(b) May have excused absences from the course with approval of the director of the certified school or his or her designee.

(2) An excused absence which causes a trainee to miss any of the required hours of in-service training shall be made up through an additional training assignment. A trainee shall not be allowed excused absences from more than ten (10) percent of the hours of an in-service course.

(3) To successfully complete an in-service training course, a trainee shall:

(a) Participate in at least the minimum hours prescribed for the training course;

(b) Successfully complete a graded exercise, or pass the final examination or a reexamination;

(c) Successfully complete all graded training areas and all other assignments, exercises, and projects included in the course; and

(d) Comply with all rules and administrative regulations of the certified school, the fund, and the council.

(4) Final examinations.

(a) In a course that requires a final examination as a part of the curriculum, if a trainee fails to attain a minimum score of seventy (70) percent on a final examination in an in-service course, the trainee may request a second examination.

(b) The request for the second examination shall be made within seven (7) calendar days from the date a notice of failure was mailed to the trainee.

Contain a completely different set of questions from the first examination;
Be administered within twenty-one (21) days from the date of the request; and
Be administered at a time and location designated by the supervisor of the in-service program.

(d) A failure of a trainee to meet the minimum reexamination requirements shall constitute a course failure.

Section 2. In-service Training Courses at Recognized Schools.

(1) The council may recognize schools providing in-service training that are not certified by the council.

(2) The council may grant a request made after the course has been attended only if the request is submitted before the next quarterly meeting of the council.

(3) The council shall review the request and determine whether the school and the course shall be recognized based upon the following:

(a) The quality and reputation of the training school or institution;

(b) The relationship of the course to the officer's rank and responsibility; and

(4) Upon determining that the trainee may attend an in-service training course at a school or institution that is not certified, the council shall notify the trainee's agency and the fund administrator of its action.

(5) A trainee who fails to meet requirements established by the council for attendance at the recognized course (which shall not be less than those prescribed herein for certified schools) shall not have met the requirements of KRS 15.440(1)(e).

Section 3. In-Service Training Credit for Completion of College Courses. The council shall recognize a completed college course as in-service training upon a showing that the conditions established in this section have been met.

(1) The course shall be completed at an accredited college or university.

(2) The course shall be a minimum of three (3) semester credit hours.

(3) The officer shall successfully complete the course and receive a passing grade that is the equivalent of a seventy (70) percent or a letter grade of "C", or higher.

(4) The officer shall be an active fund participant or in active peace officer professional standards certification status as defined in KRS 15.386(2) while enrolled in the college course.

(5) The cost of the college course shall be the responsibility of the officer or his or her agency, and shall not be paid through the fund.

(6) An officer shall receive approval from his or her agency head prior to submitting an application to receive in-service training credit pursuant to this section. The agency head shall confirm his or her approval by signing Form 68-2, Application for In-service Training Credit for College Courses.

(7) An officer shall be eligible to receive in-service training credit pursuant to this section once every three (3) years.

(8) An officer who meets all requirements as established in this section shall receive forty (40) hours of in-service training designated with a pass score for the year in which the college course was completed.

(9) The receipt of in-service credit pursuant to this section shall not relieve an officer of mandatory training requirements pursuant to federal, state, or local law.

(10) The completed Form 68-2, Application for In-service Training Credit for College Courses shall be sent to the KLEC Executive Director, who shall forward a copy to the fund administrator and the DOCJT Records Section Supervisor.

Section 4. Maintenance of Records.

(1) Each trainee who has successfully completed an in-service course conducted by a school recognized or certified by the council (other than the Department of Criminal Justice Training) shall, at the conclusion of the course, have the school complete Form 68-1, Application for Training Credit.

(2) The forms shall be sent to the council for verification and retention.

(3) All training records shall be available to the council, the secretary, and the fund administrator for inspection or other appropriate purposes.

(4) All records shall be maintained in accordance with the state records retention and disposal schedules, incorporated by reference in 725 KAR Chapter 1.

Section 5. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) Form 68-1, "Application for Training Credit", 2021; and

(b) Form 68-2, "Application for In-service Training Credit for College Courses", 2021.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Criminal Justice Training, 4449 Kit Carson Drive, Richmond, Kentucky 40475-3102, Monday through Friday, 8 a.m. to 4:30 p.m. This material is also available on the Council's website at https://klecs.ky.gov/.

History

RELATES TO: KRS 15.330(1)(f), 15.404(2), 15.440(1)(e)
STATUTORY AUTHORITY: KRS 15.330(1)(h)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15.330(1)(h) authorizes the Kentucky Law Enforcement Council to promulgate reasonable administrative regulations to implement KRS 15.310 through 15.404. KRS 15.404(2) requires all peace officers with active certification status to successfully complete forty (40) hours of annual in-service training certified or recognized by the council. KRS 15.440(1)(e) requires local units of government participating in the Law Enforcement Foundation Program Fund to require all police officers to successfully complete at least forty (40) hours of in-service training each calendar year at a school certified or recognized by the council. This administrative regulation establishes requirements for graduation from an in-service training course, maintenance of in-service training records, procedures for recognizing training at noncertified schools, and procedures for receiving in-service training credit for completion of college courses.
History: 11 Ky.R. 1543; Am. 1777; eff. 5-14-1985; 16 Ky.R. 1984; 2413; eff. 5-13-1990; 29 Ky.R. 1336; 1777; eff. 1-16-2003; 30 Ky.R. 2576; 8-26-2004; 41 Ky.R. 327; 747; eff. 10-31-2014; 48 Ky.R. 976, 2050; eff. 4-5-2022.

503 KAR 1:130 Review of council and school decisions; appeal to circuit court {#sec-503-kar-1-130 omnilex-key=us-ky-regs-official--title-503--503 KAR 1:130}

Section 1. Administrative Review. A person adversely affected by a decision of the council or a certified school as to enforcement of standards or procedures prescribed by KRS 15.330 and/or 503 KAR Chapter 1 shall have the right to ask the secretary to review the decision. A request for a hearing shall be filed in writing with the secretary within thirty (30) days of receipt of written notification of the council or school decision. The secretary shall, within thirty (30) days of receipt of the request, decide if the request merits a hearing. If it is determined there are insufficient grounds for a hearing, the secretary shall notify the person in writing that the request has been denied. If a hearing is to be held, the secretary shall designate the time and place. The hearing shall be held within ninety (90) days of receipt of the request for a hearing, and it shall be conducted by the secretary or his designated hearing officer. If a hearing officer conducts the hearing, he shall submit findings of fact, conclusions of law and a recommended decision to the secretary. At the hearing, all parties to the controversy shall have the right to be heard publicly and to be represented by counsel, and all testimony shall be recorded. Technical rules of evidence shall not apply at the hearing. Within sixty (60) days following the hearing, the secretary shall issue a written opinion, a copy of which shall be provided to all parties and to the fund administrator. The decision of the secretary shall be final unless appealed into the court system.

Section 2. Appeal to Circuit Court. A person adversely affected by the decision of the secretary resulting from a hearing provided for in Section 1 of this administrative regulation, or by the secretary's decision to deny a request for such a hearing, shall have the right to appeal the secretary's decision to the circuit court of the county where the controversy originated.

History

RELATES TO: KRS 15.330
STATUTORY AUTHORITY: KRS 15A.160
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15.330 authorizes the Kentucky Law Enforcement Council to prescribe standards for law enforcement training conducted by certified schools. 503 KAR Chapter 1 prescribes such standards. Decisions by the council and by certified schools involving the interpretation of the statute and the administrative regulations obviously affect persons. A person adversely affected by such a decision should have the right to have it reviewed by higher authority. This administrative regulation establishes a procedure for administrative review and appeal to the court system.
History: 11 Ky.R. 1544; eff. 5-14-85; Crt eff. 2-25-2020.

503 KAR 1:140 Peace officer, telecommunicator, and court security officer professional standards {#sec-503-kar-1-140 omnilex-key=us-ky-regs-official--title-503--503 KAR 1:140}

Section 1. Approval of Agency's Validated Job Task Analysis and Associated Agency Testing.

(1) Application. If an agency desires to use its own job task analysis and any associated agency testing, the agency shall submit to the KLEC office completed KLEC Forms J and Q along with a copy of the proposed job task analysis. The agency shall supply:

(a) The name of the entity that completed the analysis;

(b) The date on which the analysis was completed;

(d) A listing of all job task analyses previously completed by the person or entity, including the dates of the analyses.

(2) Criteria for assessment. The submitted job task analysis shall be assessed based upon the following criteria:

(a) Credentials and history of the entity conducting the analysis.

Education, with a preference given to degrees in law enforcement, statistics, or a related area.
Work experience, with a preference given to emphasis in law enforcement, statistics, or a related area.
Number and quality of job task analyses completed.

(b) Methodological approach.

Reasonable, standardized format of the study and the report.
Relative reliability and validity of the study's sampling techniques and practice.
Other considerations that reflect sound practice of the scientific method.
Specificity of the analysis. The job task analysis shall establish minimum entry qualifications, specific training requirements, and description of duties of officers.

(3) Initial review.

(a) Within five (5) business days of receipt of the application, the KLEC office shall notify the agency that:

The application has been received and is complete; or
The application is incomplete. The notice that an application is incomplete shall identify the specific information to be supplemented to process the application. The agency shall submit the necessary information within ten (10) business days of the agency's receipt of the notice of insufficiency. If the agency fails to submit the supplementary information within the specified time period, the application shall be considered abandoned and the agency shall resubmit an application for consideration of its job task analysis and associated agency testing.

(b) The KLEC office recommendation. Within thirty (30) days of receipt of the completed application, the KLEC office shall forward the application to KLEC along with a recommendation to approve or reject the job task analysis and associated agency tests and the specific reasons supporting a recommendation to reject.

(c) KLEC review. The KLEC Professional Standards Committee shall review the application and recommendation of the KLEC office and forward its recommendation to KLEC for final review. Within sixty (60) days of their receipt of the application, KLEC shall issue written notice to the agency indicating whether the application has been approved or found to be insufficient or erroneous.

(d) If an application is found to be insufficient or erroneous, the KLEC shall notify the agency of:

The reasons for the finding; and
The requirement that the council file a declaratory action in accordance with KRS 15.394(1).

Section 2. Agency Testing Procedures.

(1) Each agency participating in certification shall submit a completed KLEC Form Q or KLEC Form tele-Q to the KLEC office prior to any applicant testing. The KLEC office shall be notified of any changes in the Form Q or KLEC Form tele-Q within ten (10) days.

(2) Initial review. Within fifteen (15) business days of receipt of KLEC Form Q, the KLEC office shall notify the agency that the form:

(a) Has been received and is complete; or

(b) Is incomplete. The notice that an application is incomplete shall identify the specific information to be supplemented to process the form. The agency shall submit the necessary information within ten (10) business days of the agency's receipt of the notice of insufficiency. Applicants shall not be tested or certified by KLEC until the form is complete.

(3) The KLEC office review of requests for agency testing. Within thirty (30) days of receipt of the completed form, the KLEC office shall review requests for agency testing from those agencies without a validated job task analysis to determine if the proposed tests are consistent with the minimum standards for KLEC testing as established in Section 4 of this administrative regulation. The KLEC office shall notify the agency if the proposed testing is acceptable. If the KLEC office determines that the minimum standards are not met, it shall forward the form to KLEC along with the specific reasons supporting a recommendation to reject the agency testing.

(4) KLEC Review. The KLEC Professional Standards Committee shall review the form and the recommendation of the KLEC office and forward its recommendation to KLEC for final review. Within sixty (60) days of receipt of the form, KLEC shall issue written notice to the agency indicating whether the request for agency testing has been approved or rejected and the specific reasons supporting the rejection.

(5)

(a) An agency may appeal a decision made by KLEC to reject an agency test by filing a written notice of appeal:

With the Secretary of the Justice and Public Safety Cabinet; and
Within thirty (30) days of receipt of the notice of rejection.

(b) The notice of appeal shall be submitted:

In writing; and
With a copy of the notice of rejection of agency testing attached.

(d) The Secretary of the Justice and Public Safety Cabinet shall schedule a hearing within thirty (30) days of receipt of the notice of appeal.

(e) The administrative hearing shall be conducted in accordance with KRS Chapter 13B.

Section 3. Certification of peace officers, telecommunicators, and court security officers.

(1) Officers exempted from certification requirements pursuant to KRS 15.380(5) who are requesting certification shall submit KLEC Form E to the KLEC office.

(2) State peace officers employed pursuant to KRS Chapter 18A who have had certification requirements adopted pursuant to KRS 15.380(2) shall submit KLEC Form E to the KLEC office.

(3) An agency may request that peace officers identified in KRS 15.380(4), who have completed law enforcement basic training, and part-time telecommunicators, who have completed the Telecommunications Academy, participate in certification by submitting KLEC Form E to the KLEC office.

(4) Peace officers, telecommunicators, and court security officers entitled to certified status pursuant to the grandfather provision of KRS 15.400(1), 15.3971, 15.560, or 15.565 shall submit KLEC Form C.

Section 4. Suitability Minimum Requirements. The minimum requirements and procedures established for KLEC testing by this section shall be followed.

(1) The background investigation as specified in KRS 15.382(12) and 15.3971(1)(k) shall consist of the following minimum requirements, using the KLEC Form H-1 Background Investigation and personal history questionnaire.

(a) Biographical history;

(b) Family history;

(d) Employment history;

(e) Interview with the applicant's references;

(f) Criminal history including domestic violence protective orders; and

(g) Credit history.

(2) Fingerprinting. An applicant shall be fingerprinted and a criminal background check shall be conducted as specified in KRS 15.382(5), 15.3971(1)(e), and 15.540(1)(c) through the procedure established by this subsection.

(a) The applicant shall be fingerprinted by the Kentucky State Police, who shall input the fingerprints into the AFIS System and complete a state records check. The fingerprints shall also be sent to the FBI for a records check.

(b) The KSP shall forward the results of state and FBI records check to the employing agency.

(c) Final certification shall not be issued until results consistent with certification requirements and acceptable to the agency are received from the FBI.

(d) The agency may employ the peace officer, telecommunicator, or court security officer contingent upon the pending FBI results.

(3) Psychological screening, as specified in KRS 15.382(15), 15.3971(1)(m), and 15.540(1)(d), shall consist of the minimum requirements established by this subsection.

(a) Screening shall measure a broad spectrum of abilities that are relevant to job related duties, including:

Cognitive abilities;
Personality characteristics; and
Related constructs, including:

a. Integrity; and

b. Conscientiousness.

(b) Screening shall contain a minimum of two (2) independent and objectively scored psychometric measures that shall be constructed and validated in accordance with the Standards for Educational and Psychological Testing, American Educational Research Association, American Psychological Association, National Council on Measurement in Education, Joint Committee on Standards for Educational and Psychological Testing, 2014.

(c)

Assessment results and predictions shall include a recommendation and summary statement regarding the applicant's overall suitability for employment as a peace officer, telecommunicator, or court security officer;
The summary statement shall classify applicants as:

a. Essentially suitable;

b. May be unsuitable; or

c. Borderline suitability; and

If an applicant is classified as borderline suitability or may be unsuitable, the report shall contain specific concerns and negative indicators for investigation and reconciliation by the employing agency.

(d) Screening shall be administered in accordance with the Standards for Educational and Psychological Testing, American Educational Research Association, American Psychological Association, National Council on Measurement in Education, Joint Committee on Standards for Educational and Psychological Testing, 2014.

(4) Physical ability testing as specified in KRS 15.382(16) shall consist of the minimum requirements established by this subsection.

(a) Precertification status.

To obtain precertification status under KRS 15.386(1), the applicant shall successfully complete each of the events in the following order as instructed and evaluated by KLEC personnel who shall administer the test in conformity with the KLEC Physical Fitness Testing Protocols:

a. Bench press;

b. Sit-ups;

c. 300 meter run;

d. Push-ups; and

e. One and five-tenths (1.5) mile run.

An applicant shall pass the physical ability test for precertification status if he or she achieves a cumulative score of fifty (50) points or more, based upon the following scoring of the physical training events listed in subparagraph 1 of this paragraph:

a. Bench press, based upon a percentage of the recruit's body weight:

(i) 9 points - Recruit shall bench press at least fifty-five and three-tenths (55.3) percent of body weight;

(ii) 9.5 points - Recruit shall bench press at least fifty-nine and seven-tenths (59.7) percent of body weight;

(iii) 10 points - Recruit shall bench press at least sixty-four (64) percent of body weight;

(iv) 10.5 points - Recruit shall bench press at least sixty-eight and five-tenths (68.5) percent of body weight; and

(v) 11 points - Recruit shall bench press at least seventy-three (73) percent or more of body weight;

b. Sit-ups:

(i) 9 points - Recruit shall complete at least thirteen (13) repetitions in one (1) minute;

(ii) 9.5 points - Recruit shall complete at least sixteen (16) repetitions in one (1) minute;

(iii) 10 points - Recruit shall complete at least eighteen (18) repetitions in one (1) minute; and

(iv) 11 points - Recruit shall complete nineteen (19) repetitions or more in one (1) minute;

c. 300 meter run:

(i) 9 points - Recruit shall complete in sixty-eight (68) seconds or less;

(ii) 9.5 points - Recruit shall complete in sixty-seven (67) seconds or less;

(iii) 10 points - Recruit shall complete in sixty-five (65) seconds; and

(iv) 11 points - Recruit shall complete in less than sixty-five (65) seconds;

d. Push-ups:

(i) 9 points - Recruit shall complete at least fourteen (14) repetitions in two (2) minutes;

(ii) 9.5 points - Recruit shall complete at least seventeen (17) repetitions in two (2) minutes;

(iii) 10 points - Recruit shall complete at least twenty (20) repetitions in two (2) minutes;

(iv) 10.5 points - Recruit shall complete at least twenty-three (23) repetitions in two (2) minutes; and

(v) 11 points - Recruit shall complete twenty-five (25) repetitions or more in two (2) minutes; and

e. One and five-tenths (1.5) mile run:

(i) 9 points - Recruit shall complete in 1,076 seconds (17:56) or less;

(ii) 9.5 points - Recruit shall complete in 1,054 seconds (17:34) or less;

(iii) 10 points - Recruit shall complete in 1,032 seconds (17:12) or less;

(iv) 10.5 points - Recruit shall complete in at least 1,004 seconds (16:44) or less; and

(v) 11 points - Recruit shall complete in 975 seconds (16:15) or less.

An applicant shall not be awarded more than eleven (11) points in any one (1) of the five (5) physical ability events.
An applicant shall fail the physical ability test for precertification status if he or she does not achieve:

a. A cumulative score of at least fifty (50) points for all five (5) events; and

b. At least nine (9) points on each physical training event.

At the sole discretion of the hiring agency, an applicant who fails to meet the lowest performance level in a test event, thus earning a zero point value for that event, shall be granted a retest opportunity in that event without having to retest in the other events for which a point value was obtained, subject to the conditions established by this subparagraph.

a. A retest shall not be granted unless the maximum value of eleven (11) points would allow the applicant to meet the required cumulative fifty (50) point minimum.

b. A retest shall not occur any sooner than forty-eight (48) hours or any later than sixty (60) days from the date of the initial test attempt.

If an applicant obtains a point value for each event, but does not obtain a cumulative score of at least fifty (50) points, the applicant may attempt the test battery again, in its entirety. This shall be considered a second test administration and not a retest.
An applicant may participate in the physical ability test for precertification status in its entirety, four (4) times in a one (1) year period, which shall be calculated from the first date of testing.
An applicant may participate in one (1) physical ability retest for each physical ability test taken for precertification status.

(b) Certification status.

To obtain certification status under KRS 15.386(2), the applicant shall successfully complete each of the following physical ability requirements within ten (10) days of graduation from law enforcement basic training, which shall be administered in the same order and in conformity with the KLEC Physical Fitness Testing Protocols:

a. Bench press. One (1) repetition of maximum (RM) bench press equal to seventy-three (73) percent of the applicant's body weight;

b. Sit-ups. Nineteen (19) sit-ups in one (1) minute;

c. 300 meter run in less than sixty-five (65) seconds;

d. Push-ups. Twenty-five (25) push-ups; and

e. One and five-tenths (1.5) mile run in sixteen (16) minutes, fifteen (15) seconds.

If an applicant passes all events when participating in the physical ability test in its entirety, the applicant shall have met the physical ability minimum requirements for certification status.
Retest. If an applicant fails to pass all events when participating in the physical ability test for certification status during the training graduation test:

a. The applicant shall not retest in the failed events earlier than forty-eight (48) hours after the date the test is originally administered;

b. All failed events shall be retested on the same date; and

c. If the applicant passes all previously failed events on the date of the retest, the applicant shall have met the physical ability test requirements for certification status.

(5) Medical screening as specified in KRS 15.382(10) shall consist of the minimum requirements established by this subsection.

(a) The applicant shall complete KLEC Form G-2, Medical History Statement, which, along with KLEC Form G-3, Medical Screening Guidelines Implementation Manual, shall be provided to the physician, nurse practitioner, or physician's assistant, duly licensed to practice in the Commonwealth of Kentucky, who shall examine the applicant in conformity with the guidelines.

(b) The agency shall provide the examining physician, nurse practitioner, or physician's assistant with a copy of the KLEC Form T-1a, Physician's Medical Release Form.

(c) The physician, nurse practitioner, or physician's assistant shall complete KLEC Form G-1, Medical Examination Report, and forward it to the employing agency.

(6) Drug screening as specified in KRS 15.382(11), 15.3971(1)(j), and 15.540(1)(f) shall consist of the minimum requirements established by this subsection.

(a) The applicant shall execute KLEC Form K-1 and submit a urine sample that shall be screened and if necessary confirmed using the guidelines as outlined in the Mandatory Guidelines for Federal Workplace Drug Testing Programs, 82 Fed. Reg. 7920-1 (Jan. 23, 2017). The screening and confirmatory cutoff concentrations are as follows:

(b) The integrity of the urine sample shall be documented on KLEC Form K-2, Drug Screening through Urinalysis Chain of Custody.

(7) For the polygraph examination as specified in KRS 15.382(17), 15.3971(1)(n), and 15.540(1)(e), the applicant shall complete KLEC Form I-1, Consent for Pre-employment Polygraph Examination, and KLEC Form I-2, Pre-employment Polygraph Questionnaire, which shall be provided to the polygraph examiner, duly licensed in the commonwealth of Kentucky, who shall perform a polygraph examination of the applicant.

(8) The agency shall ensure that the applicant receives and has read KLEC Form L-1, Code of Ethics and KLEC Form L-2, Canon of Ethics.

(9) High school diploma.

(a) The high school graduate requirement of KRS 15.382(3), 15.3971(1)(c), or 15.540(1)(b) shall be met by:

Submission of a copy of a diploma or transcript from a public high school; or
Submission of a diploma or transcript from a private high school that:

a. Is certified by or recognized by the Kentucky Department of Education; or

b. Has complied with all provisions of Kentucky law relating to private or other non-public secondary schools as applicable, including days and hours of attendance and course curriculum. The applicant shall also submit a completed Applicant Education Verification form.

(b) A document purporting to be a high school or college diploma and obtained through the internet or by mail order shall not satisfy the requirement of KRS 15.382(3), 15.3971(1)(c), or 15.540(1)(b).

Section 5. KLEC Administered Testing Procedures.

(1) An applicant shall execute all releases required for KLEC testing, including:

(a) KLEC Form I-1 - Consent for Pre-employment Polygraph Examination;

(b) KLEC Form K-1 - Drug Screening through Urinalysis Applicant Consent Form;

(d) KLEC Form T-2 - Liability Waiver - Phase I Testing.

(2) Testing schedule.

(a) The KLEC office shall publish online or otherwise make available to all law enforcement and telecommunications agencies in the commonwealth a list of sites and dates for KLEC administered testing.

(b) Testing sites shall be statewide and accommodations shall be made where reasonable to ensure testing sites are accessible based upon need.

(d) The KLEC office shall reschedule testing if cancellation is necessary due to inclement weather or other unforeseen circumstances. Emergency testing shall be made available if possible at the Department of Criminal Justice Training as needed.

(3) Registration for KLEC administered testing. The KLEC office shall receive KLEC Form A from the employing agency at least five (5) business days prior to testing.

(a) Applicants shall provide current photographic identification when the testing is administered.

(b) The KLEC office shall receive the completed polygraph questionnaire KLEC Form I-2 when the testing is administered.

Section 6. Test Reporting by KLEC.

(1) Results of tests provided by or through the KLEC office shall be forwarded to the employing agency head.

(2) The agency shall certify that the applicant has met all suitability requirements by submitting KLEC Form D. The information from the completed form shall be provided to DOCJT for Kentucky Law Enforcement Foundation Program Fund and training authorization purposes.

(3) Length of test result validity.

(a) Physical ability for precertification status results shall be considered current and valid one (1) year from the passing date of the test.

(b) Suitability screening results shall be considered current and valid for one (1) year from the date of the screening. If the applicant experiences a significant life change during the one (1) year period, for example, a divorce or the death of a close family member or friend, the applicant shall notify the employing agency who shall schedule a new suitability screening for the applicant.

(c) Polygraph examination results shall be considered current and valid for a period of one (1) year from the date of the examination. If the applicant experiences a significant life change during the one (1) year period, for example, a divorce or the death of a close family member or friend, the applicant shall notify the employing agency who shall schedule a new polygraph examination for the applicant.

(d) Drug screening results shall be considered current and valid only for the agency that requested or performed the test and only during that employment process. An applicant who leaves and reenters the testing process for preselection screening shall submit to another drug screening.

(4) Updating test results. The employing agency shall update test results if necessary by submitting KLEC Form D to the KLEC office.

(5) Agency access to prior test results.

(a) It shall be at the applicant and individual agency's discretion to allow another employing agency access and use of the initial agency's certification testing, which is still current and valid.

(b) If agencies enter into an agreement with the written permission of the applicant, the new employing agency shall receive the medical, suitability, and polygraph results directly from the agency that initially requested testing of the applicant.

Section 7. Test Reporting by Agency.

(1) An agency that performs physical ability testing based upon the requirements in Section 4 of this administrative regulation shall report all test results by submitting a POPS Form PT-1, Physical Agility Test Session Report, to the KLEC within ten (10) days of administering the test.

(2) An agency that performs physical ability testing based upon its own validated job task analysis in accordance with KRS 15.382(16), shall report the test results of every applicant tested in writing to the KLEC office within ten (10) days of administering the test.

(3) Physical ability test results shall be reported to the KLEC office regardless of whether the applicant:

(a) Passes or fails the test; or

(b) Performs or completes every component of the physical ability test.

Section 8. KLEC Administered Testing Costs.

(1) The employing agency shall reimburse KLEC within sixty (60) days of receipt of the invoice for the cost of KLEC administered testing provided at the agency's request as follows:

(a) Sixty-five (65) dollars for each psychological screening;

(b) $100 for each polygraph examination; and

(2) If an agency has scheduled KLEC testing for an applicant who fails to appear or complete the testing, the agency shall be responsible for fifty (50) percent of the cost of the test had it been completed.

(3) Financial hardship.

(a) Application. An employing agency may apply for a waiver of costs for KLEC testing pursuant to KRS 15.384(1) by demonstrating undue financial hardship. The agency shall submit to the KLEC office:

The actual approved budget of the governmental unit for the current and the preceding year;
The number of certification applicants for the current and preceding year;
The actual revenue receipts of the governmental unit for the current and the preceding year; and
A detailed explanation of why the governmental unit cannot meet the cost of providing the testing, including the reason that adequate funding was not budgeted to cover the cost of testing.

(b) Initial review. Within five (5) business days of receipt of the application, the KLEC office shall mail a notification to the agency that:

The application has been received and is complete; or
The application is incomplete and shall identify the specific information to be supplemented to process the application. The KLEC office shall receive the necessary information within ten (10) business days of the agency's receipt of the notice of insufficiency. If the agency fails to submit the supplementary information within the specified time period, the application shall be considered abandoned and the agency shall resubmit an application for financial hardship.

(c) Recommendation. Within thirty (30) days of their receipt of the completed application, the KLEC office shall forward the application to KLEC along with a recommendation to approve or reject the application for financial hardship and the specific reasons supporting a recommendation to reject.

(d) KLEC review.

The KLEC Committee on Professional Standards shall review the application and the recommendation of the KLEC office and forward their recommendation to KLEC for final review.
Within sixty (60) days of their receipt of the application, KLEC shall issue written notice to the agency indicating whether the application has been approved or rejected and shall provide the specific reasons supporting the rejection.

(e) Appeal.

An agency may appeal a decision made by KLEC to reject an agency's application for financial hardship by filing a written notice of appeal to the Secretary of the Justice and Public Safety Cabinet.
The notice shall be filed within thirty (30) days of receipt of the notice of rejection.
The notice of appeal shall be submitted in writing with a copy of the notice of rejection of financial hardship attached.
A copy of the notice of appeal shall be delivered to the KLEC office by certified mail.
The Secretary of the Justice and Public Safety Cabinet shall render an opinion within sixty (60) days of receipt of the notice of appeal.

(4) If an agency knowingly employs or appoints a person who fails to meet minimum certification standards pursuant to KRS 15.396(1) the KLEC office shall immediately notify DOCJT.

Section 9. Employment Changes.

(1) Pursuant to KRS 15.392 and 15.580 if a certified peace officer, telecommunicator, or court security officer leaves an agency, the agency shall submit KLEC Form F.

(2) If the peace officer, telecommunicator, or court security officer is reemployed by another agency the employing agency shall submit KLEC Form F within five (5) business days of the employment or appointment. Additionally, the agency shall submit KLEC Form D-1 for returning peace officers or court security officers.

(3) Information from completed KLEC Forms F shall be provided to DOCJT for Kentucky Law Enforcement Foundation Program Fund and training authorization purposes.

Section 10. Out-of-state, Military, and Federal Law Enforcement and Telecommunications Basic Training.

(1) An applicant to a Kentucky law enforcement or telecommunications agency who has graduated from a basic training course or academy in another state may be certified by the KLEC if:

(a) The basic training course or academy was equal to or exceeded the course content and number of hours required for Kentucky peace officers, telecommunicators, or court security officers when the course was completed by the applicant, as determined by the executive director of the Office of Kentucky Law Enforcement Support;

(b) The basic training course or academy is a single, stand-alone course;

(c) The peace officer, telecommunicator, or court security officer has been employed in a full-time capacity in the state of graduation for a period of at least one (1) year before applying with the Kentucky agency; and

(d) The peace officer completes the following courses presented by the Department of Criminal Justice Training within one (1) year of his or her hiring by the Kentucky law enforcement agency. For purposes of meeting the hourly requirement in paragraph (a) of this subsection, the number of hours of these courses shall be added to the number of hours taken in the out-of-state basic training course:

The twenty-four (24) hour legal update Penal Code course;
The sixteen (16) hour legal update constitutional procedure course;
On-line Federal Emergency Management Agency ICS 100, ICS 200, and IS 700 courses (or current equivalent). A Certificate of Completion or official transcript shall satisfy this requirement; and
One (1) of the following forty (40) hour courses which is most appropriate for the officer's duty assignment:

a. Basic officer skills;

b. Orientation for new police chiefs; or

c. Mandatory duties of the sheriff.

(2) An applicant to a Kentucky law enforcement agency who has graduated from a basic training course or academy in another state may be certified by the KLEC if:

(a) The basic training course or academy was at least 300 hours, but less than the number of hours required for Kentucky peace officers;

(b) The peace officer has been employed in a full-time capacity as a peace officer for three (3) or more years with at least one (1) year in the state in which he or she completed his or her basic training course or academy;

(d) The peace officer completes the courses as required in subsection (1)(d) of this section with the number of hours of these courses added to the number of hours taken in the out-of-state basic training course in pargraph (a) of this subsection.

(3) An applicant to a Kentucky law enforcement or telecommunications agency who has graduated from a law enforcement or telecommunications basic training course or academy while serving in the United States military may be certified by the KLEC if:

(a)

The basic training course or academy corresponded with or exceeded the course content and number of hours required for Kentucky peace officers, telecommunicators, or court security officers at the time the course was completed by the applicant, as determined by the Executive Director of the Office of Kentucky Law Enforcement Support; or
The basic training course or academy did not correspond with or exceed the course content and number of hours required for Kentucky peace officers, telecommunicators, or court security officers at the time the course was completed by the applicant, a basic training credit of fifty (50) hours for each year of his or her full-time peace officer service together with the basic training course hours shall be granted to allow compliance with the total hours required by KRS 15.440, 503 KAR 1:110, or another administrative regulation modifying the hours; and

(b) The basic training course or academy was a single, stand-alone course.

(4) An applicant to a Kentucky law enforcement agency who has graduated from one (1) of the following Federal law enforcement basic training courses may be certified by the KLEC:

(a) Federal Bureau of Investigation;

(b) Bureau of Alcohol, Tobacco, and Firearms;

(d) United States Secret Service.

(5) The KLEC shall not approve a basic training course or academy that consists of two (2) or more courses added together to meet the minimum number of basic training hours for a Kentucky peace officer, telecommunicator, or court security officer.

(6) An agency may request certification for a peace officer who has completed an out-of-state law enforcement basic training by submitting for the applicant:

(a) A certificate of completion or other official documentation showing completion of basic training;

(b) A transcript of classes for basic training with individual class hours specified; and

(c) A letter from an employing agency signed by the chief or a direct supervisor of the applicant certifying, or other official documentation showing, that the applicant was employed in a full-time capacity as a peace officer for:

At least one (1) year; or
Three (3) or more years with at least one (1) year in the state in which he or she completed his or her basic training course or academy.

(7) An applicant to a Kentucky law enforcement or telecommunications agency seeking certification under this section shall not be certified unless he or she has worked in a full-time capacity as a peace officer within five (5) years of applying for certification in Kentucky.

Section 11. Records.

(1) Records retention. The KLEC office shall retain all certification records in electronic or original medium consistent with the records retention schedule established by the Kentucky Department of Library and Archives, pursuant to 725 KAR 1:030.

(2) Security. The KLEC office and employing agencies shall maintain records in a manner to ensure their security. To properly maintain the confidentiality of certification records as required by KRS 15.400(3) and 15.540(2), a law enforcement or telecommunications agency shall keep all records relating to certification in a file separate from any personnel file maintained by the hiring authority.

(3) For KLEC audit purposes, an agency that has a separate human resources or personnel department may complete and maintain in the agency file a KLEC FORM POPS P, Certification of Peace Officer Professional Standards Testing Procedures, KLEC Form Q-3 – Drug Screening Approval, KLEC Form Q-4 – Polygraph Approval, and KLEC Form Q-5 – Suitability Screener Approval, indicating that the following testing procedures have been completed:

(a) Polygraph;

(b) Suitability screening;

(d) Medical examination or history statement.

(4) Agencies shall retain all documentation pertaining to certification for five (5) years following the cessation of certification of the peace officer, telecommunicator, or court security officer regardless of where the certified peace officer, telecommunicator, or court security officer is employed in the commonwealth.

(5) An agency that knowingly discloses confidential information in violation of KRS 15.400(3) and 15.540(2) may be denied participation in KLEC polygraph examinations and psychological examinations.

Section 12. Applicant Conduct and Behavior.

(1) An applicant who has engaged in behavior constituting dishonesty, cheating, falsification of documents, or any other fraudulent behavior for the purpose of wrongfully receiving certification shall be removed from the testing process and, subject to an administrative hearing in accordance with KRS Chapter 13B, may be barred from further consideration for certification.

(2) Use of alcohol or other intoxicants.

(a) An applicant shall not possess, consume, or be under the influence of alcoholic beverages, controlled substances, or other intoxicating substances not therapeutically prescribed by a physician while participating in the testing process.

(b) An applicant shall advise the KLEC test administrator in writing of the use of a controlled substance or medication whether or not it has been prescribed by a physician.

The applicant has taken:

a. A controlled substance as prescribed by a physician; or

b. Any other medication, whether prescribed or not; and

The applicant is under the influence of the controlled substance or medication to the extent that the applicant may be impaired or is a danger to self or others.

(3) Termination of a dangerous or disruptive situation. If the conduct or condition of an applicant constitutes an immediate danger or an immediate threat of danger to self or others, or is disruptive of testing, or is an immediate threat to be disruptive of testing, a KLEC staff member may take all reasonable steps necessary to terminate the situation, including removal of the applicant from testing.

(4) The KLEC shall notify the applicant and the employing agency within five (5) days following the removal stating that the applicant has been removed or barred from testing. The notice shall state the supporting reasons and circumstances of the removal and whether the agency may reschedule testing.

Section 13. Compliance.

(1) Inspection. Test results, testing procedures, and all other certification documentation shall be retained by the agency and be available for inspection and audit at any time by agents authorized by KLEC.

(2) KLEC may initiate an inspection and audit of an agency's certification documentation randomly to assure routine compliance or to investigate a specific complaint.

(3) KLEC shall have access to the services of the DOCJT Compliance and Audit Section, as coordinated through the DOCJT Commissioner, to audit specific applicants and agencies to ensure compliance with certification requirements.

(4) If during the course of an audit conducted by the DOCJT Compliance and Audit Section a violation of certification is detected, the DOCJT Compliance and Audit Section shall report the possible violation to KLEC.

(5) Denial of participation in Kentucky Law Enforcement Foundation Program Fund (KLEFPF). If KLEC determines that an agency has knowingly employed or appointed a person who fails to meet minimum certification standards, KLEC shall immediately notify the administrator of KLEFPF.

Section 14. Issuance of Certification. All identification cards issued to a peace officer, telecommunicator, or court security officer verifying certification remain the property of KLEC and shall be returned to the KLEC office upon loss of certification.

Section 15. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Standards for Educational and Psychological Testing", American Educational Research Association, American Psychological Association, National Council on Measurement in Education, Joint Committee on Standards for Educational and Psychological Testing, 2014;

(b) "KLEC Form A - Testing Registration - Attesting to Minimum Standards", 2023;

(d) "KLEC Form D - All Standards Met", 2023;

(e) "KLEC Form D-1 – All Standards Met – Inactive to Active Status", October 2022;

(f) "KLEC Form E - Request for Certification for Exempt Officers", March 1, 1999;

(g) "KLEC Form F - Status Update", 2021;

(h) "KLEC Form G-1 - Medical Examination Report", 2021;

(i) "KLEC Form G-2 - Medical History Statement", 2021;

(j) "KLEC Form G-3 - Medical Screening Guidelines Implementation Manual", 2021;

(k) "KLEC Form H-1 - Background Investigation", 2021;

(l) "KLEC Form I-1 - Consent for Pre-employment Polygraph Examination", 2021;

(m) "KLEC Form I-2 - Pre-employment Polygraph Questionnaire", 2021;

(n) "KLEC Form J - JTA Submission", January 19, 1999;

(o) "KLEC Form K-1 - Drug Screening Through Urinalysis Applicant Consent Form", 2021;

(p) "KLEC Form K-2 - Drug Screening Through Urinalysis Chain of Custody Form", 2021;

(q) "KLEC Form L-1 - Code of Ethics", 2021;

(r) "KLEC Form L-2 - Canon of Ethics", 2021;

(s) "KLEC Form Q - Agency Submission Form", 2021;

(t) "KLEC Form Q-3 - Drug Screening Approval", 2021;

(u) "KLEC Form Q-4 - Polygraph Approval", 2021;

(v) "KLEC Form Q-5 – Suitability Screener Approval", 2021;

(w) "KLEC Form tele-Q - Agency Submission Form", 2021;

(x) "KLEC Form T-1 - Medical Release - Phase I Testing", 2021;

(y) "KLEC Form T-1a - Physician's Medical Release Form", 2021;

(z) "KLEC Form T-2 - Liability Waiver - Phase I Testing", 2021;

(aa) "POPS Form PT-1 - Physical Agility Test Session Report", 2021;

(bb) "POPS Form P - Certification of Peace Officer Professional Standards Testing Procedures", July 2004;

(cc) "KLEC Physical Fitness Testing Protocols", 2021; and

(dd) "KLEC Education Form - Applicant Education Verification", 2021.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at Kentucky Law Enforcement Council, 4449 Kit Carson Drive, Richmond, Kentucky 40475-3102, Monday through Friday, 8 a.m. to 4:30 p.m. This material is also available on the council's Web site at https://klecs.ky.gov/.

History

RELATES TO: KRS Chapter 13B, 15.330(1)(f), 15.330(1)(h), 15.380, 15.382, 15.384(1), 15.392, 15.394(1), 15.396(1), 15.3971, 15.400(1), 15.408, 15.440, 15.540, 15.565, 15.580
STATUTORY AUTHORITY: KRS 15.330(1)(f), 15.330(1)(h), 15.382, 15.408, 15.440, 15.590
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15.330(1)(f) and (h) and 15.590 authorize the Kentucky Law Enforcement Council to promulgate reasonable administrative regulations to accomplish the purposes of KRS 15.310 to 15.404 and to approve law enforcement officers, telecommunicators, and other persons having met requirements under KRS 15.310 to 15.510, 15.530 to 15.590, and 15.990 to 15.592. KRS 15.440 authorizes the council to promulgate administrative regulations for approval of basic training credit for out-of-state basic training and work experience. This administrative regulation establishes the guidelines and procedures necessary to implement and administer peace officer, telecommunicator, and court security officer certification.
History: 25 Ky.R. 2723; 26 Ky.R. 54; eff. 7-14-1999; 27 Ky.R. 1070; eff. 12-21-2000; 28 Ky.R. 139; 622; eff. 9-10-2001; 29 Ky.R. 2342; 2667; eff. 5-15-2003; 30 Ky.R. 1593; 2352; eff. 2-16-2004; 31 Ky.R. 354; eff. 8-26-2004; 35 Ky.R. 1883; 2216; eff. 5-1-2009; 36 Ky.R. 1989; 2178; eff. 6-4-2010; 42 Ky.R. 909; 1502; eff. 12-4-2015; 44 Ky.R. 1398, 1824; eff. 3-9-2018; 48 Ky.R. 979, 2051; eff. 4-5-2022; 49 Ky.R. 433, 1074; eff 1-31-2023; 50 Ky.R. 442; 1272; eff. 3-5-2024.

503 KAR 1:170 Career Development Program {#sec-503-kar-1-170 omnilex-key=us-ky-regs-official--title-503--503 KAR 1:170}

Section 1. Definitions.

(1) "Chief executive" means the highest level position in a law enforcement agency with direct operational and administrative responsibility for the policies and performance of the agency.

(2) "Conceptual skills course" means a course that emphasizes planning, organization, goal setting abilities, strategic orientation, or provides material related to higher order abstractions that force conceptual thinking.

(3) "Executive" means a position in the immediate line of authority under the chief executive who has the delegated responsibility for operational and administrative functions of the agency or division.

(4) "Human skills course" means a course relating to cultural diversity, problem solving, leadership, interpersonal communication, group communication, or training abilities.

(5) "KLEC" means the Kentucky Law Enforcement Council.

(6) "Manager" means a position within law enforcement or public safety dispatch:

(a) Between the executive and supervisor positions; and

(b) Which is responsible for the supervision of supervisory employees, and possibly involving planning, organization, public relations, discipline, or general administrative work.

(7) "Public Safety Dispatch" means telecommunications as described in KRS 15.530-15.590.

(8) "Public Safety Dispatcher" means a telecommunicator as described in KRS 15.530-15.590.

(9) "Supervisor" means a position which is responsible:

(a) For the direct supervision of nonsupervisory personnel; and

(b) Possibly for line duties in law enforcement or public safety dispatch.

(10) "Technical skills course" means a course relating to operational or tactical abilities.

Section 2. Skill Area Determination.

(1) Based on the definitions in Section 1 of this administrative regulation, the KLEC shall determine whether a law enforcement or public safety dispatch course is categorized as a:

(a) Conceptual skills course;

(b) Human skills course; or

(2) If a new course is approved or recognized by the KLEC, pursuant to 503 KAR 1:090 and 503 KAR 1:120, the council shall categorize the course in accordance with subsection (1) of this section.

(3) A law enforcement or public safety dispatch course may be categorized in up to two (2) different categories.

Section 3. Application for Career Development Program. A peace officer or public safety dispatcher who wishes to apply for a particular career step certificate shall:

(1) Complete a "Form 1 Participant Commitment Form", which shall include the following:

(a) Applicant's name and agency;

(b) Social Security number and date of birth;

(d) The program to which the applicant wishes to commit;

(e) Signature of the applicant; and

(f) Signature of the applicant's agency head;

(2) Submit one (1) of the following application forms for the specific career development step for which the participant wishes to apply:

(a) Intermediate Law Enforcement Officer;

(b) Advanced Law Enforcement Officer;

(d) Law Enforcement Traffic Officer;

(e) Law Enforcement Supervisor;

(f) Law Enforcement Manager;

(g) Law Enforcement Executive;

(h) Intermediate Public Safety Dispatcher;

(i) Advanced Public Safety Dispatcher;

(j) Public Safety Dispatcher Supervisor;

(k) Public Safety Dispatcher Manager/Director;

(l) Law Enforcement Chief Executive;

(m) Law Enforcement Training Officer;

(n) Law Enforcement Officer Advanced Investigator;

(o) Crime Scene Processing Officer;

(p) Communications Training Officer;

(q) Crime Scene Technician;

(r) School Resource Officer I;

(s) School Resource Officer II;

(t) School Resource Officer III;

(u) Law Enforcement Tactical Officer;

(v) Law Enforcement Canine Officer;

(w) Sheriff Supervisor;

(x) Sheriff Manager;

(y) Sheriff Executive;

(z) Sheriff Chief Executive; or

(aa) Investigative Public Safety Dispatcher;[.]

(3) Include the following information on the application form:

(a) Applicant's name and agency;

(b) Social Security number and date of birth;

(d) Current rank or title and date of promotion to that position;

(e) Employment history;

(f) Training history;

(g) Educational history;

(h) Signature of program applicant; and

(i) College and training credit hours applied to the requirements of the particular program to which the applicant wishes to apply; and

(4) Submit an official copy of a transcript or other documentation showing that the applicant has successfully completed the required:

(a) KLEC-approved or recognized courses; and

(b) College courses.

Section 4. In-service Training, College, Out-of-state Work Experience, Retroactive Credit.

(1) The KLEC shall approve in-service training before it is applied toward a career development step.

(2) A program participant shall not receive more than one (1) program credit for an in-service training course.

(3) Retroactivity. Participants in the Career Development Program may be granted credit for college courses and KLEC-approved training received prior to the implementation of the program.

(4) Fifteen (15) hours of KLEC-approved classroom training may be substituted for one (1) hour of college credit by program participants.

(5) A program participant may apply out-of-state work experience toward the requirements of a career development step. To receive credit, the participant shall submit a written request describing the past experience and any supporting documentation to the KLEC for approval.

Section 5. Intermediate Law Enforcement Officer Certificate. To demonstrate proficiency in the Intermediate Law Enforcement Officer Career Step, a peace officer shall:

(1) Have active peace officer certification in accordance with KRS 15.386(2);

(2) Earn 160 additional hours of KLEC-approved or recognized in-service training, of which:

(a) Sixty (60) percent (ninety-six (96) hours) shall be in technical skills development; and

(b) Forty (40) percent (sixty-four (64) hours) shall be in human skills development; and

(3) Have one (1) of the following combinations of full-time law enforcement experience and credits from an accredited college or university, recognized by the Kentucky Council on Postsecondary Education:

(a) Two (2) years of experience and a bachelor's degree;

(b) Four (4) years of experience and an associate's degree;

(d) Five (5) years of experience and eighty (80) hours of college credit;

(e) Six (6) years of experience and sixty-five (65) hours of college credit;

(f) Seven (7) years of experience and fifty (50) hours of college credit; or

(g) Eight (8) years of experience and thirty-five (35) hours of college credit.

Section 6. Advanced Law Enforcement Officer Certificate. To demonstrate proficiency in the Advanced Law Enforcement Officer Career Step, a peace officer shall:

(1) Complete the Intermediate Law Enforcement Career Step;

(2) Earn 160 additional hours of KLEC-approved or recognized in-service training, of which:

(a) Forty (40) percent (sixty-four (64) hours) shall be in technical skills development;

(b) Forty (40) percent (sixty-four (64) hours) shall be in human skills development; and

(a) Four (4) years of experience and a master's degree;

(b) Six (6) years of experience and a bachelor's degree;

(d) Eight (8) years of experience and 110 hours of college credit;

(e) Nine (9) years of experience and ninety-five (95) hours of college credit;

(f) Ten (10) years of experience and eighty (80) hours of college credit;

(g) Eleven (11) years of experience and sixty-five (65) hours of college credit; or

(h) Twelve (12) years of experience and fifty (50) hours of college credit.

Section 7. Law Enforcement Supervisor Certificate. To demonstrate proficiency in the Law Enforcement Supervisor Career Step, a peace officer shall:

(1) Have active peace officer certification in accordance with KRS 15.386(2);

(2) Earn a minimum of 160 additional hours of KLEC-approved or recognized in-service training as follows:

(a) Forty (40) hours of technical skills development courses;

(b) Forty (40) hours of conceptual skills development courses; and

Academy of Police Supervision;
The forty (40) hour basic supervisor's course and forty (40) hour advanced supervisor's course; or
A KLEC-approved or recognized equivalent course; and

(3) Have one (1) of the following combinations of full-time supervisory law enforcement experience and credits from an accredited college or university, recognized by the Kentucky Council on Postsecondary Education:

(a) Two (2) years of experience and a master's degree;

(b) Four (4) years of experience and a bachelor's degree;

(d) Six (6) years of experience and ninety-five (95) hours of college credit;

(e) Seven (7) years of experience and eighty (80) hours of college credit;

(f) Eight (8) years of experience and sixty-five (65) hours of college credit; or

(g) Nine (9) years of experience and fifty (50) hours of college credit.

Section 8. Law Enforcement Manager Certificate. To demonstrate proficiency in the Law Enforcement Manager Career Step, a peace officer shall:

(1) Have active peace officer certification in accordance with KRS 15.386(2);

(2) Complete the:

(a) Criminal Justice Executive Development Course;

(b) School for Strategic Leadership;

(d) University of Louisville Southern Police Institute Administrative Officers Course;

(e) Northwestern University School of Police Staff and Command;

(f) Police Executive Leadership College; or

(g) Another management leadership course recognized and approved by the KLEC as equal to one (1) of the above courses; and

(3) Have one (1) of the following combinations of full-time law enforcement management experience and credits from an accredited College or University, recognized by the Kentucky Council on Postsecondary Education:

(a) Two (2) years of experience and a master's degree;

(b) Four (4) years of experience and a bachelor's degree;

(d) Six (6) years of experience and ninety-five (95) hours of college credit;

(e) Seven (7) years of experience and eighty (80) hours of college credit;

(f) Eight (8) years of experience and sixty-five (65) hours of college credit; or

(g) Nine (9) years of experience and fifty (50) hours of college credit.

Section 9. Law Enforcement Executive Certificate.

(1) To demonstrate proficiency in the Law Enforcement Executive Career Step, a peace officer shall:

(a) Have active peace officer certification in accordance with KRS 15.386(2);

(b) Successfully complete:

Orientation for New Chiefs;
Mandatory Duties of the Sheriff;
School for Strategic Leadership;
Three (3) Police Executive Command courses;
Three (3) Current Leadership Issues for Mid-level Executives (CLIMES) courses; or
Another executive leadership course recognized and approved by the KLEC as equal to one (1) of the courses listed in subparagraphs 1 through 5 of this paragraph;

120 hours of training in conceptual or human skills development; or
Law Enforcement Management Career Step, plus forty (40) hours training in conceptual or human skills development; and

(d) Have one (1) of the following combinations of full-time executive law enforcement experience and credits from an accredited college or university, recognized by the Kentucky Council on Postsecondary Education:

Two (2) years of experience and a bachelor's degree;
Three (3) years of experience and sixty (60) hours of college credit; or
Four (4) years of experience and thirty (30) hours of college credit.

(2) Points earned from in-service training courses shall not be used to substitute for college credit in the Law Enforcement Executive Career Step.

Section 10. Law Enforcement Chief Executive Certificate.

(1) To demonstrate proficiency in the Law Enforcement Chief Executive Career Step, a peace officer shall:

(a) Successfully complete:

Orientation for New Chiefs;
Mandatory Duties of the Sheriff;
School for Strategic Leadership;
Three (3) Police Executive Command courses;
Three (3) Current Leadership Issues for Mid-level Executives (CLIMES) courses; or
Another executive leadership course recognized by the KLEC as equal to one (1) of the courses listed in subparagraphs 1 through 5 of this paragraph;

(b) Successfully complete one (1) of the following:

120 hours of training in conceptual or human skills development; or
Law Enforcement Management Career Step, plus forty (40) hours training in conceptual or human skills development; and

(c) Have one (1) of the following combinations of full-time executive law enforcement experience and credits from an accredited college or university, recognized by the Kentucky Council on Postsecondary Education:

Two (2) years of experience and a bachelor's degree;
Three (3) years of experience and sixty (60) hours of college credit; or
Four (4) years of experience and thirty (30) hours of college credit.

(2) Points earned from in-service training courses shall not be used to substitute for college credit in the Law Enforcement Chief Executive Career Step.

Section 11. Law Enforcement Officer Investigator Certificate. To demonstrate proficiency in the Law Enforcement Investigator Career Step, a peace officer shall:

(1) Have active peace officer certification in accordance with KRS 15.386(2);

(2) Complete 200 hours of KLEC-approved or recognized in-service training, consisting of:

(a) Eighty (80) hour Criminal Investigations I course or KLEC-approved or recognized equivalent; and

(b) 120 training hours in investigative courses identified by the KLEC; and

(a) Four (4) years of experience and a master's degree;

(b) Six (6) years of experience and a bachelor's degree;

(d) Eight (8) years of experience and 110 hours of college credit;

(e) Nine (9) years of experience and ninety-five (95) hours of college credit;

(f) Ten (10) years of experience and eighty (80) hours of college credit;

(g) Eleven (11) years of experience and sixty-five (65) hours of college credit; or

(h) Twelve (12) years of experience and fifty (50) hours of college credit.

Section 12. Law Enforcement Traffic Officer Certificate. To demonstrate proficiency in the Law Enforcement Traffic Career Step, a peace officer shall:

(1) Have active peace officer certification in accordance with KRS 15.386(2);

(2) Complete 200 hours of in-service training, consisting of:

(a) Forty (40) hour Collision Investigation Techniques course or a KLEC-approved equivalent; and

(b) 160 training hours in traffic courses identified by the KLEC; and

(a) Four (4) years of experience and a master's degree;

(b) Six (6) years of experience and a bachelor's degree;

(d) Eight (8) years of experience and 110 hours of college credit;

(e) Nine (9) years of experience and ninety-five (95) hours of college credit;

(f) Ten (10) years of experience and eighty (80) hours of college credit;

(g) Eleven (11) years of experience and sixty-five (65) hours of college credit; or

(h) Twelve (12) years of experience and fifty (50) hours of college credit.

Section 13. Communications Training Officer Certificate. To demonstrate proficiency in the Communications Training Officer Career Step, a person shall:

(1) Have active certification as a:

(a) CJIS telecommunicator in accordance with KRS 15.565; or

(b) Non-CJIS telecommunicator in accordance with KRS 15.560;

(2) Complete the following courses:

(a) Forty (40) hour Communications Training Officer course;

(b) Sixteen (16) hour Communications Training Officer: Developing a Training Program course;

(d) A sixteen (16) hour Cultural Awareness course; and

(3) Have one (1) of the following combinations of full-time telecommunications experience and credits from an accredited college or university, recognized by the Kentucky Council on Postsecondary Education:

(a) Two (2) years of experience and a bachelor's degree;

(b) Three (3) years of experience and twenty (20) hours of college credit or an associate's degree;

(d) Five (5) years of experience and ten (10) hours of college credit; or

(e) Six (6) years of experience and five (5) hours of college credit.

Section 14. Intermediate Public Safety Dispatcher Certificate. To demonstrate proficiency in the Intermediate Public Safety Dispatcher Career Step, a person shall:

(1) Have active certification as a telecommunicator in accordance with KRS 15.560 or KRS 15.565;

(2) Complete fifty-six (56) hours of KLEC-approved public safety dispatch courses; and

(a) Two (2) years of experience and a bachelor's degree;

(b) Three (3) years of experience and twenty (20) hours of college credit or an associate's degree;

(d) Five (5) years of experience and five (5) hours of college credit;[.

Section 15. Advanced Public Safety Dispatcher Certificate. To demonstrate proficiency in the Advanced Public Safety Dispatcher Career Step, a person shall:

(1) Have active certification as a telecommunicator in accordance with KRS 15.560 or KRS 15.565;

(2) Complete the Intermediate Public Safety Dispatcher Career Step;

(3) Complete fifty-six (56) hours of KLEC-approved public safety dispatch courses; and

(4) Have one (1) of the following combinations of full-time telecommunications experience and credits from an accredited college or university, recognized by the Kentucky Council on Postsecondary Education:

(a) Two (2) years of experience and a bachelor's degree;

(b) Three (3) years of experience and twenty (20) hours of college credit or an associate's degree;

(d) Five (5) years of experience and ten (10) hours of college credit; or

(e) Six (6) years of experience and five (5) hours of college credit.

Section 16. Public Safety Dispatcher Supervisor Certificate. To demonstrate proficiency in the Public Safety Dispatcher Supervisor Career Step, a person shall:

(1) Have active certification as a telecommunicator in accordance with KRS 15.560 or KRS 15.565;

(2) Complete the Advanced Public Safety Dispatcher Career Step;

(3) Successfully complete eighty (80) hours of KLEC-approved public safety dispatch leadership courses; and

(4) Have one (1) of the following combinations of full-time public safety dispatch experience in a supervisory position and credits from an accredited college or university, recognized by the Kentucky Council on Postsecondary Education:

(a) Two (2) years of experience and a bachelor's degree ;

(b) Three (3) years of experience and twenty-five (25) hours of college credit or an associate's degree;

(d) Five (5) years of experience and fifteen (15) hours of college credit;

(e) Six (6) years of experience and ten (10) hours of college credit; or

(f) Seven (7) years of experience and five (5) hours of college credit.

Section 17. Public Safety Dispatcher Manager/Director Certificate. To demonstrate proficiency in the Public Safety Dispatcher Manager/Director Career Step, a person shall:

(1) Have active certification as a telecommunicator in accordance with KRS 15.560 or KRS 15.565;

(2) Obtain the Public Safety Dispatcher Supervisor Certificate;

(3) Successfully complete Executive Development I, II, and III or eighty (80) hours of KLEC-approved public safety dispatch leadership courses; and

(4) Have one (1) of the following combinations of full-time telecommunications experience in a management position and credits from an accredited college or university, recognized by the Kentucky Council on Postsecondary Education:

(a) Two (2) years of experience and a bachelor's degree;

(b) Three (3) years of experience and twenty-five (25) hours of college credit or an associate's degree;

(d) Five (5) years of experience and fifteen (15) hours of college credit;

(e) Six (6) years of experience and ten (10) hours of college credit; or

(f) Seven (7) years of experience and five (5) hours of college credit.

Section 18. Law Enforcement Training Officer. To demonstrate proficiency in the Law Enforcement Training Career Step, a peace officer shall have:

(1) Active peace officer certification in accordance with KRS 15.386(2);

(2) Have successfully completed the following:

(a) Intermediate Law Enforcement Officer Certificate;

(b) Advanced Law Enforcement Officer Certificate; and

Police Training Officer course;
Field Instructor course; and
Crisis Intervention Training or Law Enforcement Response to Special Needs Population; and

(3) One (1) of the following combinations of full-time law enforcement experience and credits from an accredited college or university, recognized by the Kentucky Council on Postsecondary Education:

(a) Four (4) years of experience and a master's degree;

(b) Six (6) years of experience and a bachelor's degree;

(d) Eight (8) years of experience and 110 hours of college credit;

(e) Nine (9) years of experience and ninety-five (95) hours of college credit;

(f) Ten (10) years of experience and eighty (80) hours of college credit;

(g) Eleven (11) years of experience and sixty-five (65) hours of college credit; or

(h) Twelve (12) years of experience and fifty (50) hours of college credit.

Section 19. Law Enforcement Officer Advanced Investigator. To demonstrate proficiency in the Law Enforcement Officer Advanced Investigator Career Step, a peace officer shall have:

(1) Active peace officer certification in accordance with KRS 15.386(2);

(2) Successfully completed the following:

(a) Law Enforcement Officer Investigator Certificate; and

(b) 160 hours of electives in investigations courses approved or recognized by the Kentucky Law Enforcement Council; and

(3) One (1) of the following combinations of full-time law enforcement experience and credits from an accredited college or university, recognized by the Kentucky Council on Postsecondary Education:

(a) Four (4) years of experience and a master's degree;

(b) Six (6) years of experience and a bachelor's degree;

(d) Eight (8) years of experience and 110 hours of college credit;

(e) Nine (9) years of experience and ninety-five (95) hours of college credit;

(f) Ten (10) years of experience and eighty (80) hours of college credit;

(g) Eleven (11) years of experience and sixty-five (65) hours of college credit; or

(h) Twelve (12) years of experience and fifty (50) hours of college credit.

Section 20. Crime Scene Processing Officer. To demonstrate proficiency in the Crime Scene Processing Officer career step, a peace officer shall have:

(1) Active peace officer certification in accordance with KRS 15.386(2);

(2) Successfully completed the Kentucky Criminalistics Academy or the National Forensic Academy; and

(3) One (1) of the following combinations of full-time law enforcement experience and credits from an accredited college or university, recognized by the Kentucky Council on Postsecondary Education:

(a) Four (4) years of experience and a master's degree;

(b) Six (6) years of experience and a bachelor's degree;

(d) Eight (8) years of experience and 110 hours of college credit;

(e) Nine (9) years of experience and ninety-five (95) hours of college credit;

(f) Ten (10) years of experience and eighty (80) hours of college credit;

(g) Eleven (11) years of experience and sixty-five (65) hours of college credit; or

(h) Twelve (12) years of experience and fifty (50) hours of college credit.

Section 21. Crime Scene Technician. To demonstrate proficiency in the Crime Scene Technician career step, a peace officer shall have:

(1) Active peace officer certification in accordance with KRS 15.386(2);

(2) Successfully completed the Crime Scene Technician portion of the Kentucky Criminalistics Academy or have completed any of the following courses to equal not less than 200 hours:

(a) Bloodstain Pattern Recognition;

(b) Forensic Mapping;

(d) Fingerprint Pattern Recognition and Comparison Techniques;

(e) Digital Photography;

(f) Advanced Latent Fingerprints;

(g) Crime Scene Investigation; or

(h) Any KLEC-approved course equivalents; and

(a) Four (4) years of experience and a master's degree;

(b) Six (6) years of experience and a bachelor's degree;

(d) Eight (8) years of experience and 110 hours of college credit;

(e) Nine (9) years of experience and ninety-five (95) hours of college credit;

(f) Ten (10) years of experience and eighty (80) hours of college credit;

(g) Eleven (11) years of experience and sixty-five (65) hours of college credit; or

(h) Twelve (12) years of experience and fifty (50) hours of college credit.

Section 22. School Resource Officer I Certificate. To demonstrate proficiency in the School Resource Officer I Career Step, a peace officer shall:

(1) Have active peace officer certification in accordance with KRS 15.386(2) and active school resource officer I certification in accordance with KRS 158.4414;

(2) Earn 160 additional hours of KLEC-approved or recognized in-service training, of which:

(a) Sixty (60) percent (ninety-six (96) hours) shall be in technical skills development; and

(b) Forty (40) percent (sixty-four (64) hours) shall be in human skills development; and

(a) Two (2) years of experience and a bachelor's degree;

(b) Four (4) years of experience and an associate's degree;

(d) Five (5) years of experience and eighty (80) hours of college credit;

(e) Six (6) years of experience and sixty-five (65) hours of college credit;

(f) Seven (7) years of experience and fifty (50) hours of college credit; or

(g) Eight (8) years of experience and thirty-five (35) hours of college credit.

Section 23. School Resource Officer II Certificate. To demonstrate proficiency in the School Resource Officer II Career Step, a peace officer shall:

(1) Complete the School Resource Officer I Career Step;

(2) Have active certification in accordance with KRS 15.386(2) and active school resource officer I and II certification in accordance with KRS 158.4414;

(3) Earn 160 additional hours of KLEC-approved or recognized in-service training, of which:

(a) Forty (40) percent (sixty-four (64) hours) shall be in technical skills development;

(b) Forty (40) percent (sixty-four (64) hours) shall be in human skills development; and

(4) Have one (1) of the following combinations of full-time law enforcement experience and credits from an accredited college or university, recognized by the Kentucky Council on Postsecondary Education:

(a) Four (4) years of experience and a master's degree;

(b) Six (6) years of experience and a bachelor's degree;

(d) Eight (8) years of experience and 110 hours of college credit;

(e) Nine (9) years of experience and ninety-five (95) hours of college credit;

(f) Ten (10) years of experience and eighty (80) hours of college credit;

(g) Eleven (11) years of experience and sixty-five (65) hours of college credit; or

(h) Twelve (12) years of experience and fifty (50) hours of college credit.

Section 24. School Resource Officer III Certificate. To demonstrate proficiency in the School Resource Officer III Career Step, a peace officer shall:

(1) Complete the School Resource Officer I and II Career Step;

(2) Have active certification in accordance with KRS 15.386(2) and active school resource officer I, II and III certification in accordance with KRS 158.4414;

(3) Earn 160 additional hours of KLEC-approved or recognized in-service training, of which:

(a) Forty (40) percent (sixty-four (64) hours) shall be in technical skills development;

(b) Forty (40) percent (sixty-four (64) hours) shall be in human skills development; and

(a) Four (4) years of experience and a master's degree;

(b) Six (6) years of experience and a bachelor's degree;

(d) Eight (8) years of experience and 110 hours of college credit;

(e) Nine (9) years of experience and ninety-five (95) hours of college credit;

(f) Ten (10) years of experience and eighty (80) hours of college credit;

(g) Eleven (11) years of experience and sixty-five (65) hours of college credit; or

(h) Twelve (12) years of experience and fifty (50) hours of college credit.

Section 25. Law Enforcement Tactical Officer Certificate. To demonstrate proficiency in the Law Enforcement Tactical Officer Career Step, a peace officer shall:

(1) Have active peace officer certification in accordance with KRS 15.386(2);

(2) Complete 200 hours of in-service training, consisting of KLEC approved tactical courses; and

(a) Four (4) years of experience and a master's degree;

(b) Six (6) years of experience and a bachelor's degree;

(d) Eight (8) years of experience and 110 hours of college credit;

(e) Nine (9) years of experience and ninety-five (95) hours of college credit;

(f) Ten (10) years of experience and eighty (80) hours of college credit;

(g) Eleven (11) years of experience and sixty-five (65) hours of college credit; or

(h) Twelve (12) years of experience and fifty (50) hours of college credit.

Section 26. Law Enforcement Canine Officer Certificate. To demonstrate proficiency in the Law Enforcement Canine Officer Career Step, a peace officer shall:

(1) Have active peace officer certification in accordance with KRS 15.386(2);

(2) Complete 200 hours of in-service training, consisting of KLEC recognized canine courses; and

(a) Four (4) years of experience and a master's degree;

(b) Six (6) years of experience and a bachelor's degree;

(d) Eight (8) years of experience and 110 hours of college credit;

(e) Nine (9) years of experience and ninety-five (95) hours of college credit;

(f) Ten (10) years of experience and eighty (80) hours of college credit;

(g) Eleven (11) years of experience and sixty-five (65) hours of college credit; or

(h) Twelve (12) years of experience and fifty (50) hours of college credit.

Section 27. Sheriff Supervisor Certificate. To demonstrate proficiency in the Sheriff Supervisor Career Step, a peace officer shall:

(1) Have active peace officer certification in accordance with KRS 15.386(2);

(2) Earn a minimum of 160 additional hours of KLEC-approved or recognized in-service training as follows:

(a) Forty (40) hours of technical skills development courses;

(b) Forty (40) hours of conceptual skills development courses; and

Duties of the Sheriff's Office;
The forty (40) hour basic supervisor's course and forty (40) hour advanced supervisor's course; or
A KLEC-approved or recognized equivalent course; and

(a) Two (2) years of experience and a master's degree;

(b) Four (4) years of experience and a bachelor's degree;

(d) Six (6) years of experience and ninety-five (95) hours of college credit;

(e) Seven (7) years of experience and eighty (80) hours of college credit;

(f) Eight (8) years of experience and sixty-five (65) hours of college credit; or

(g) Nine (9) years of experience and fifty (50) hours of college credit.

Section 28. Sheriff Manager Certificate. To demonstrate proficiency in the Sheriff Manager Career Step, a peace officer shall:

(1) Have active peace officer certification in accordance with KRS 15.386(2);

(2) Complete the:

(a) Criminal Justice Executive Development Course;

(b) School for Strategic Leadership;

(d) Federal Bureau of Investigation (FBI) National Academy;

(e) University of Louisville Southern Police Institute Administrative Officers Course;

(f) Northwestern University School of Police Staff and Command;

(g) Police Executive Leadership College; or

(h) Another management leadership course recognized and approved by the KLEC as equal to one (1) of the above courses; and

(a) Two (2) years of experience and a master's degree;

(b) Four (4) years of experience and a bachelor's degree;

(d) Six (6) years of experience and ninety-five (95) hours of college credit;

(e) Seven (7) years of experience and eighty (80) hours of college credit;

(f) Eight (8) years of experience and sixty-five (65) hours of college credit; or

(g) Nine (9) years of experience and fifty (50) hours of college credit.

Section 29. Sheriff Executive Certificate.

(1) To demonstrate proficiency in the Sheriff Executive Career Step a peace officer shall:

(a) Have active peace officer certification in accordance with KRS 15.386(2);

(b) Successfully complete:

Orientation for New Chiefs-Sheriffs;
Mandatory Duties of the Sheriff;
School for Strategic Leadership;
Three (3) Police Executive Command courses or three (3) Sheriff's Executive Command courses;
Three (3) Current Leadership Issues for Mid-level Executives (CLIMES) courses; or
Another executive leadership course recognized and approved by the KLEC as equal to one (1) of the courses listed in subparagraphs 1 through 5 of this paragraph;

120 hours of training in conceptual or human skills development; or
Law Enforcement or Sheriff Management Career Step, plus forty (40) hours training in conceptual or human skills development; and

Two (2) years of experience and a bachelor's degree;
Three (3) years of experience and sixty (60) hours of college credit; or
Four (4) years of experience and thirty (30) hours of college credit.

(2) Points earned from in-service training courses shall not be used to substitute for college credit in the Sheriff Executive Career Step.

Section 30. Sheriff Chief Executive Certificate.

(1) To demonstrate proficiency in the Sheriff Chief Executive Career Step, a peace officer shall:

(a) Have active peace officer certification in accordance with KRS 15.386(2);

(b) Successfully complete:

Orientation for New Chiefs;
Mandatory Duties of the Sheriff;
School for Strategic Leadership;
Three (3) Police Executive Command courses;
Three (3) Current Leadership Issues for Mid-level Executives (CLIMES) courses; or
Another executive leadership course recognized and approved by the KLEC as equal to one (1) of the courses listed in subparagraphs 1 through 5 of this paragraph;

120 hours of training in conceptual or human skills development; or
Law Enforcement Management Career Step, plus forty (40) hours training in conceptual or human skills development; and

Two (2) years of experience and a bachelor's degree;
Three (3) years of experience and sixty (60) hours of college credit; or
Four (4) years of experience and thirty (30) hours of college credit.

(2) Points earned from in-service training courses shall not be used to substitute for college credit in the Sheriff Chief Executive Career Step.

Section 31. Investigative Public Safety Dispatcher Certificate. To demonstrate proficiency in the Investigative Public Safety Dispatcher Career Step, a dispatcher shall:

(1) Have active telecommunications certification in accordance with KRS 15.565 or 15.560;

(2) Have earned the Intermediate and Advanced Public Safety Dispatcher certificates and thirty-two (32) hours of KLEC approved public safety dispatch investigative courses; and

(3) Have one (1) of the following combinations of full-time dispatch experience and credits from an accredited college or university, recognized by the Kentucky Council on Postsecondary Education:

(a) Two (2) years of experience and a bachelor's degree;

(b) Three (3) years of experience and an associate's degree;

(d) Five (5) years of experience and ten (10) hours of college credit; or

(e) Six (6) years of experience and five (5) hours of college credit.

Section 32. Certificate of Completion. The KLEC shall issue a certificate and uniform lapel pin to a peace officer or telecommunicator upon completion of a career development step.

Section 33. Maintenance of Records. All training records shall be maintained in accordance with applicable provisions of KRS Chapter 171.

Section 34. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Career Development Program Participant Commitment Form, Form 1", 2021;

(b) "Intermediate Law Enforcement Officer, Form 2", 2021;

(d) "Law Enforcement Officer Investigator, Form 4", 2021;

(e) "Law Enforcement Traffic Officer, Form 5", 2021;

(f) "Law Enforcement Supervisor, Form 7", 2021;

(g) "Law Enforcement Manager, Form 8", 2021;

(h) "Law Enforcement Executive, Form 9", 2021;

(i) "Intermediate Public Safety Dispatcher, Form 11", 2021;

(j) "Advanced Public Safety Dispatcher, Form 12", 2021;

(k) "Public Safety Dispatcher Supervisor, Form 13", 2021;

(l) "Public Safety Dispatcher Manager/Director, Form 14", 2021;

(m) "Law Enforcement Chief Executive, Form 15", 2021;

(n) "Law Enforcement Training Officer, Form 16", 2021;

(o) "Law Enforcement Officer Advanced Investigator, Form 17", 2021;

(p) "Crime Scene Processing Officer, Form 18", 2021;

(q) "Communications Training Officer, Form 19", 2021;

(r) "Crime Scene Technician, Form 20", 2021;

(s) "School Resource Officer I, Form 21", 2021;

(t) "School Resource Officer II, Form 22", 2021;

(u) "School Resource Officer III, Form 23", 2021;

(v) "Law Enforcement Tactical Officer, Form 24", 2021;

(w) "Law Enforcement Canine Officer, Form 25", 2021;

(x) "Sheriff Supervisor, Form 28", 2021;

(y) "Sheriff Manager, Form 29", 2021;

(z) "Sheriff Executive, Form 30", 2021;

(aa) "Sheriff Chief Executive, Form 31", 2021; and

(bb) "Investigative Public Safety Dispatcher, Form 32", 2021.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Law Enforcement Council, Funderburk Building, Suite 401, 4449 Kit Carson Drive, Richmond, Kentucky 40475-3102, Monday through Friday, 8 a.m. to 4:30 p.m. This material is also available on the Council's Web site at https://klecs.ky.gov/.

History

RELATES TO: KRS 15.310
STATUTORY AUTHORITY: KRS 15.330(1)(d), (h)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15.330(1)(d) authorizes the Kentucky Law Enforcement Council to establish and prescribe minimum standards and qualifications for voluntary career development programs for certified peace officers and telecommunicators (public safety dispatchers). This administrative regulation establishes a Career Development Program for Kentucky certified peace officers and telecommunicators (public safety dispatchers).
History: 29 Ky.R. 1165; Am 1780; eff. 1-16-2003; 30 Ky.R. 415; eff. 10-31-2003; 33 Ky.R. 4253; 34 Ky.R. 245; eff. 8-31-2007; 35 Ky.R. 1268; 1747; eff. 3-6-2009; 37 Ky.R. 801; 1190; eff. 12-3-2010; 39 Ky.R. 2066; 2317; eff. 7-5-2013; 48 Ky.R. 986, 2058; eff. 4-5-2022.

503 KAR 1:180 Firearms qualification for certified peace officers {#sec-503-kar-1-180 omnilex-key=us-ky-regs-official--title-503--503 KAR 1:180}

Section 1. Qualification.

(1) In accordance with KRS 15.383(1), each certified peace officer shall annually meet the firearms qualification standard established for retired peace officers in KRS 237.140(4)(a).

(2) The rounds fired pursuant to subsection (1) of this section shall be done under the supervision of:

(a) A firearms instructor of the officer's employing agency;

(b) A currently certified peace officer who has successfully completed a Kentucky Law Enforcement Council approved firearms instructor course;

(d) A Department of Criminal Justice Training certified concealed deadly weapon instructor or instructor-trainer.

Section 2. Agency Record-keeping and Reporting.

(1) Each law enforcement agency whose officers are required to meet the requirements of Section 1(1) of this administrative regulation shall retain a record of each of its officers having met the annual marksmanship qualification on KLEC Form #68-3.

(2) For purposes of maintaining peace officer certification records, on or before December 31 of each year, each law enforcement agency shall forward to the Kentucky Law Enforcement Council's Office of Peace Officer Professional Standards, a copy of the completed KLEC Form #68-3.

Section 3. Incorporation by Reference.

(1) "KLEC Form #68-3", August 2013 edition, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Law Enforcement Council, Funderburk Building, 521 Lancaster Road, Richmond, Kentucky 40475-3102, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 15.383(1)
STATUTORY AUTHORITY: KRS 15.330(1)(h), 15.383
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15.383(1) requires all certified peace officers to meet the marksmanship qualification standards for retired peace officers in KRS 237.140. This administrative regulation establishes when and where a certified peace officer shall qualify and the requirements for reporting annual qualification requirements to the Kentucky Law Enforcement Council.
History: 32 Ky.R. 1025; eff. 2-3-2006; 40 Ky.R. 662; eff. 12-6-2013; Crt eff. 2-25-2020.

503 KAR 1:190 Certified Court Security Officers training academy {#sec-503-kar-1-190 omnilex-key=us-ky-regs-official--title-503--503 KAR 1:190}

Section 1. Training Academy Graduation Requirements.

(1) To graduate from the department's certified court security officer training academy, a trainee shall:

(a) Successfully complete a minimum of eighty (80) hours of training, based upon the curriculum approved by the council in accordance with KRS 15.3975 and 503 KAR 1:090;

(b) Attain a seventy (70) percent overall score on the firearms qualification and written final examination.;

(c) Pass the Defensive Tactics practical examination, with no major errors, for which a pass or fail designation is assigned; and

(d) Successfully complete all other assignments, exercises, and projects included in the course.

(2) After-hours assignments may be required and shall be successfully completed in order to pass the training area for which they were assigned.

(3) A trainee who does not achieve a seventy (70) percent overall score or who does not pass the defensive tactics practical examination shall be considered to have failed basic training.

Section 2. Failure and Repetition of the Training Academy.

(1) A trainee who is removed from the academy due to failure shall:

(a) Be required to repeat the entire course in order to graduate; and

(b) Pay all applicable fees for the repeated basic training course in accordance with 503 KAR 3:030.

(2) In accordance with 503 KAR 3:030, Section 6(2), the trainee's employing agency shall prepay to the department the full tuition, room, and board costs of repeating the academy. The employing agency may recover the costs of repeating the course from its trainee.

Section 3. Training Subjects.

(1) The Training Academy shall be divided into twenty-nine (29) different training areas on the following subjects:

(a) Orientation;

(b) Introduction to Court Security Officer;

(d) Court disturbances;

(e) Disguised weapons;

(f) Interference with judicial administration;

(g) Family security survey;

(h) Role of the sheriff;

(i) Courtroom protocol;

(j) Protecting the integrity of the jury;

(k) Crowd control;

(l) Bomb threats;

(m) Transporting prisoners;

(n) Specialized equipment;

(o) Use of force;

(p) Search and seizure;

(q) The criminal justice system;

(r) High risk trial planning;

(s) Introduction to defensive tactics;

(t) Ethical standards;

(u) Warrants and civil documents;

(v) Arrest of persons;

(w) Force continuum;

(x) Interpersonal communications;

(y) Firearms lecture;

(z) Firearms range;

(aa) Firearms qualification;

(bb) Firearms Decision Making (F.A.T.S.); and

(cc) Practical test skill techniques.

(2) If a trainee is unable to complete the training academy, but legally entitled to complete the unfinished tested modules of the course, the trainee shall restart at the beginning of the module which he or she was in when the trainee left the training academy.

Section 4. Examinations.

(1) A trainee shall be examined and shall achieve the following minimum scores in each of the listed three (3) areas:

(a) Firearms qualification - Seventy (70) percent;

(b) Written final examination - Seventy (70) percent; and

(2) A trainee shall be permitted one (1) reexamination in each of the three (3) areas.

(3) A trainee who fails an examination, may request a reexamination not later than ten (10) days after the original examination.

(4) A trainee shall not receive a certificate of completion until all tested areas are passed.

Section 5. Absence.

(1) A trainee may have excused absences from the course with approval of the director of the certified school or his designee.

(2) An excused absence from the course which causes a trainee to miss any of the eighty (80) hours of the training shall be made up through an additional training academy assignment.

(3) A trainee shall not be allowed excused absences for more than eight (8) hours of the hours of the academy. If a trainee misses more than eight (8) hours, he or she shall be removed from the academy and reenrolled for a subsequent academy class in accordance with Section 6 of this administrative regulation.

Section 6. Circumstances Preventing Completion of the Training Academy.

(1) If a trainee is prevented from completing the training academy due to extenuating circumstances beyond the control of the trainee, including injury, illness, personal tragedy, or agency emergency, he or she shall be permitted to complete the unfinished areas of the course within 180 days immediately following the termination of the extenuating circumstance, if the:

(a) Extenuating circumstance preventing completion of basic training does not last for a period longer than one (1) year; and

(b) Failure to complete is not caused by a preexisting physical injury or preexisting physiological condition.

(2) If a trainee is prevented from completing the training academy course due to being called for active duty in the Kentucky National Guard or other branches of the United States Armed Forces, the trainee shall be permitted to complete the unfinished areas of the course within 180 days immediately following his or her return from active duty service.

Section 7. Termination of Employment while Enrolled. If, while enrolled in the Training Academy, a trainee's employment as a Certified Court Security Officer is terminated by dismissal and he or she is unable to complete the course, he or she shall complete the remaining training within one (1) year of reemployment as a certified court security officer. The trainee shall repeat basic training in its entirety if:

(1) The break in employment exceeds one (1) year; or

(2) The termination of employment is a result, directly or indirectly, of disciplinary action taken by the department against the trainee while enrolled in the basic training course.

Section 8. Maintenance of Records.

(1) At the conclusion of each training academy course, the department shall notify the council of each trainee who has successfully completed the course.

(2) All training records shall be maintained in accordance with applicable provisions of KRS Chapter 171.

History

RELATES TO: KRS 15.3975
STATUTORY AUTHORITY: KRS 15.330(1)(a), (f), (h),15.3975(1),
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15.330(1)(a) authorizes the Kentucky Law Enforcement Council to prescribe standards for the approval of schools at which law enforcement training courses required under KRS 15.310 to 15.510 shall be conducted, including but not limited to minimum standards for curriculum and hours of attendance. KRS 15.330(1)(f) authorizes the council to approve law enforcement officers as having met the requirements for completion of law enforcement training. KRS 15.330(1)(h) authorizes the Council to promulgate reasonable administrative regulations to accomplish the purposes of KRS 15.310 to 15.404. This administrative regulation establishes requirements for graduation from the Department of Criminal Justice Training Certified Court Security Officer training academy and for maintenance of training records.
History: 34 Ky.R. 2534; eff. 7-7-2008; Cert. eff. 2-25-2020.

Chapter 3 General Training Provision

503 KAR 3:005 Definitions for 503 KAR Chapter 3 {#sec-503-kar-3-005 omnilex-key=us-ky-regs-official--title-503--503 KAR 3:005}

Section 1. Definitions.

(1) "Branch manager" means the manager of a branch in the training division of the Department of Criminal Justice Training or his designee.

(2) "Class coordinator" means the department staff member responsible for the day-to-day supervision of a class of recruits or his designee.

(3) "Commissioner" means the Commissioner of the Department of Criminal Justice Training or his designee.

(4) "Department" means the Department of Criminal Justice Training.

(5) "Director" means the director of the training division of the department or his designee.

(6) "In-service" means a training course that is available to a certified officer who has previously completed a KLEC approved basic training academy.

(7) "Instructor" means the department staff member or other person in charge of a particular training activity for a class of trainees or basic recruits.

(8) "Legal officer" means the general counsel of the department or his designee.

(9) "Recruit" means a person attending the basic training course conducted by the basic training section of the department.

(10) "Section supervisor" means the supervisor of the basic training section of the department or his designee.

(11) "Submit" means mail, transmit by facsimile, or transmit via electronic means and is completed upon receipt by the person to whom it was directed.

(12) "Trainee" means a person attending a training course (other than the law enforcement basic training course) conducted by a training section of the department.

History

RELATES TO: KRS 15A.070
STATUTORY AUTHORITY: KRS 15A.070(1), (5)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.070(1) requires the Department of Criminal Justice Training to establish, supervise and coordinate training programs and schools for law enforcement personnel. KRS 15A.070(5) authorizes the commissioner of the Department of Criminal Justice Training to promulgate administrative regulations. This administrative regulation establishes definitions for 503 KAR Chapter 3.
History: 25 Ky.R. 1278; eff. 1-19-1999; Am. 41 Ky.R. 97; 449; eff. 10-3-2014; Crt eff. 2-25-2020.

503 KAR 3:010 Basic law enforcement training course recruit conduct requirements; procedures and penalties {#sec-503-kar-3-010 omnilex-key=us-ky-regs-official--title-503--503 KAR 3:010}

Section 1. Operator's License and Criminal History Records Check Required.

(1) A recruit shall present proof of a valid motor vehicle operator's license to the class administrator prior to participating in the basic training course.

(2) Prior to the recruit participating in the basic training course, the recruit's employing law enforcement agency shall submit Form 151, Applicant Confirmation, to the department stating that:

(a) A criminal history check, in accordance with KRS 15.382(5) and (6) has been conducted within ninety (90) days before the recruit attends basic law enforcement training; and

(b) The recruit is not prohibited by state or federal law from:

Possessing a firearm; or
Accessing the Criminal Justice Information System (CJIS) or any other restricted records database.

(3) If the recruit has been in precertified status, pursuant to KRS 15.386(1), for less than ninety (90) days before participating inthe basic law enforcement training course, an additional criminal records check shall not be required of the employing law enforcement agency.

Section 2. Removing a Recruit from the Course.

(1) Unqualified recruit. If a recruit is not qualified to participate in the basic training course under subsection (3) of this section, the recruit shall:

(a) Be removed from basic training by thecommissioner or designee; and

(b) Not receive credit for completed portions of basic law enforcement training course.

(2) If a recruit is removed from training, pursuant to subsection (1) of this section, within thirty (30) days of the removal, he or she may request in writing an administrative hearing, which shall comply with KRS Chapter 13B.

(3) A recruit shall be considered unqualified if:

(a) An incomplete or fraudulent application to attend basic training is filed;

(b) There is a failure to comply with admissions requirements in KRS 15.382 and this administrative regulation; or

Is not presently employed as a law enforcement officer and has not received special permission to attend;
Is physically unable to participate due to physical injury orthe recruit's failure of the physical training entry requirements established in 503 KAR 1:110 and 503 KAR 1:140 if the recruit is required to complete basic training to fulfill the peace officer certification provisions established in KRS 15.380 to 15.404; or
Was the subject of disciplinary action initiated during a previous DOCJT training course which has not been resolved or would preclude participation.

(4) The department shall remove a recruit from the basic law enforcement training course upon the department's receipt of a written request from the recruit's employing law enforcement agency. Depending on the circumstances, the recruit may not receive credit for the completed portionsof the basic law enforcement training course.

Section 3. Recruit Performance Report.

(1) To keep the recruit's employing law enforcement agency advised of the recruit's progress and performance in basic law enforcement training so that the agency may adequately assess the recruit's ability to perform required duties, the department shall provide the following to the police chief, sheriff, or chief administrator of the recruit's employing law enforcement agency:

(a) Recruit performance report which shall be completed at least three (3) times throughout the basic law enforcement training course and shall include recruit conduct, attitude, appearance, relationship with others, communication skills, examination scores, and leadership status; and

(b) Immediate notice of specific nonperformance or lack of progress.

(2) The recruit and the recruit's employing law enforcement agency head or designee shall have access to the recruit's training record without filing an open records request pursuant to KRS 61.870 through KRS 61.884.

Section 4. Authority to Impose Discipline.

(1) A recruit may receive a verbal warning from a department instructor, section supervisor, branch manager, division director, or the commissioner or designee without meeting the requirements of formal discipline procedures established in Sections 24 through 28 of this administrative regulation.

(2) A recruit may receive a written reprimand or loss of privileges from a section supervisor, branch manager, division director, or the commissioner or designee without meeting the requirements of the formal disciplinary procedures established in Sections 24 through 28 of this administrative regulation.

(3) Before the penalty set out in subsection (1) or (2) of this section may be imposed, the recruit shall have an opportunity to be given an explanation.

(4) Any penalty set out in subsection (1) or (2) of this section that is imposed on a recruit shall be reviewed by and may be rescinded or modified by the immediate supervisor of the staff member that imposed the penalty.

(5) The recruit shall have the opportunity to give an explanation to the reviewing immediate supervisor.

(6) Only the commissioner or designee may impose any penalty on a recruit for criminal conduct and for all conduct for which a suspension or expulsion is allowed after an investigation has been conducted.

Section 5. Uniforms and Hygiene.

(1) A recruit shall wear the required uniform and practice good personal hygiene while participating in the basic law enforcement training course. Exceptions shall be approved in advance by the branch manager.

(2) The recruit shall acquire all necessary uniforms and wear them as required by the department.

(a) Navy blue utility uniforms shall be:

Clean, pressed, and in good condition;
Appropriately sized to fit the recruit and not excessively loose or tight;
Worn over a clean white or department-issued tee-shirt, visible at the neck; and
Worn with a wide black police-type belt, clean black police-type footwear, black or navy blue socks, and when outdoors, a department-issued cap.

(b) The recruit may wear one (1) watch and one (1) ring. A wedding and engagement ring worn together shall be considered one (1) ring.

(d) Sleeves on winter shirts shall not be rolled up outside the classroom.

(e) A physical fitness uniform shall be provided by the recruit and shall consist of solid dark blue athletic shorts, solid dark blue sweatshirt and sweatpants, solid white athletic socks, and a pair of athletic shoes. A department-issued tee-shirt shall be worn during physical training.

(f) Optional clothing may be worn during a training activity if authorized by the instructor.

(3) Grooming:

(a) A recruit may wear a neatly trimmed mustache, if allowed by the recruit's employing law enforcement agency.

(b) A recruit's hair shall be clean, neat, kept off the collar, and shall not obstruct the recruit's vision.

(4) The eligible penalties for a violation of this section shall be verbal warning or written reprimand.

Section 6. Accommodations.

(1) The department may authorize a recruit to commute to the basic law enforcement training course.

(a) Authorization to commute shall be contingent on the following:

Written authorization from the police chief, sheriff, or chief administrator of the recruit's employing law enforcement agency prior to the recruit's participation in the basic law enforcement training course, which may be revoked at any time at the discretion of the recruit's employing law enforcement agency;
Approval of the commissioner or designee based on the needs of the department; and
The recruit's continued compliance with the requirements set forth in KRS 15.382 and this administrative regulation.

(b) The recruit's authorization to commute to the basic law enforcement training course shall be terminated upon the recruit's second absence or third tardy to the basic law enforcement training course.

(c) The department shall not be responsible for any expense incurred by the recruit or the recruit's employing law enforcement agency related to the recruit's commute to and from or between training sites of the basic law enforcement training course.

(d) A recruit that is authorized to commute to the basic law enforcement training course shall receive one (1) meal allowance per day of attendance at the basic law enforcement training course.

(e) If a recruit is required to stay overnight at the basic law enforcement training course due to an exigent circumstance that is preapproved and documented in writing by the commissioner or designee, the recruit shall be entitled to a meal allowance for dinner the night of the stay and a meal allowance for breakfast the next morning.

(f) Unless an exception is granted by the commissioner or designee, a recruit shall not be authorized to commute to the basic law enforcement training course if:

The recruit has had his or her authorization to commute terminated by the recruit's employing law enforcement agency or the department; or
The recruit has previously voluntarily elected to discontinue commuting to the basic law enforcement training course.

(2) If a recruit resides in a residence hall designated by the department, including a hotel or other department-funded accommodation, the recruit shall:

(a) Report and return to the recruit's residence hall by curfew times designated by the coordinator, Sunday through Thursday evenings, and remain there until 5:00 a.m. the next morning. Exceptions shall require approval from the class coordinator or above. The eligible penalties shall be verbal warning, written reprimand, or loss of privileges;

(b) Clean the recruit's area as directed by the coordinator. The eligible penalties shall be verbal warning or written reprimand;

(c) Keep doors of the recruit's room locked whenever the room is unoccupied. The eligible penalties shall be verbal warning or written reprimand;

(d) Not use hot plates or other table-top cooking surfaces not pre-installed in the residence hall by the department, hotel, or other department-funded accommodation. The eligible penalties shall be verbal warning, written reprimand, or loss of privileges;

(e) Not allow a visitor in the recruit's room, unless authorized by the class coordinator. The eligible penalties shall be verbal warning, written reprimand, or loss of privileges;

(f) Not keep pets or animals of any kind in the recruit's room, except ADA-defined service animals with advanced, written approval from the commissioner or designee. The eligible penalties shall be verbal warning, written reprimand, or loss of privileges;

(g) Not engage in dangerous or disruptive behavior. The eligible penalties shall be verbal warning, written reprimand, loss of privileges, or suspension; and

(h) Submit to inspections of residence hall rooms, closets, and containers therein by department staff. The eligible penalties shall be verbal warning, written reprimand, or loss of privileges.

Section 7. Department Property.

(1) A recruit shall:

(a) Not damage, destroy, or fail to return property of the department or any other facility used by the department;

(b) Use department property in a manner that conserves resources and avoids waste; and

(2) A recruit shall not be allowed to graduate until the recruit has returned all issued items or made satisfactory arrangements to pay for unreturned or damaged items.

(3) The eligible penalties for a violation of this section shall be verbal warning, written reprimand, loss of privileges, suspension, or expulsion.

Section 8. Absences.

(1) A recruit shall:

(a) Be considered tardy if the recruit is not physically present at a class or other required department activity for fewer than ten (10) minutes.

(b) Be considered absent if the recruit is not physically present in a class or other required department activity for ten (10) or more minutes; and

(2) Excused absence or tardy.

(a) An absence or tardy may be excused if due to:

Illness;
Illness of an immediate family member;
Death of an immediate family member;
Necessity of the recruit's agency; or
Emergency circumstances.

(b) The determination as to whether an absence or tardy is excused shall be made by the section supervisor or branch manager.

(c) If a recruit's absence is excused, the recruit shall make up for the absence by completing an assignment provided by the instructor who taught the missed unit. Failure to make up the work shall be deemed a failure for that missed unit.

(d) If a recruit's absence is excused and the recruit misses more than ten (10) percent of the total hours of the basic law enforcement training course, the recruit shall be provided an opportunity to make up the missed hours through completing the missed assignment or, if necessary, alternative assignments assigned by the instructor, if feasible, or withdrawn from the basic law enforcement training course and reenrolled in a subsequent class beginning at the point at which the recruit was first absent. The period for reenrollment in a subsequent class shall not exceed six (6) months from the date of the class from which the recruit was withdrawn unless an exception is approved by the commissioner or designee.

(3) Unexcused absence or tardy.

(a) If a recruit's tardy is unexcused the eligible penalties shall be verbal warning or written reprimand.

(b) The eligible penalties for an unexcused absence shall be verbal warning, written reprimand, loss of privileges, or suspension.

(c) If a recruit's absence is unexcused and the recruit misses more than five (5) percent of the total hours of the basic law enforcement training course, the recruit shall be withdrawn from the basic law enforcement training course and receive no credit for completed training.

Section 9. Tobacco, Food, and Drink Products.

(1) A recruit shall not possess tobacco products while on department property or other facility used by the department.

(2) A recruit shall not bring food or drink into a basic law enforcement training course activity unless so permitted by the branch manager or above.

(3) The eligible penalties for a violation of this section shall be verbal warning or written reprimand.

Section 10. Electronic Devices. A recruit shall not possess any personal electronic devices, including any type of smart device, during scheduled training hours unless written permission is granted by the class coordinator. The eligible penalties for a violation of this section shall be verbal warning or written reprimand.

Section 11. Alcohol. A recruit shall not possess, consume, or be under the influence of alcoholic beverages while present at the basic law enforcement training course, or participating in basic law enforcement training course activities. Any alcoholic beverage and its container shall be confiscated. The eligible penalties for a violation of this section shall be written reprimand, loss of privileges, suspension, or expulsion.

Section 12. Controlled Substances.

(1) A recruit shall not possess or consume any controlled substance, not prescribed or certified by a qualified medical professional, while present at the basic law enforcement training course or participating in basic law enforcement training course activities. The eligible penalties shall be suspension or expulsion.

(2) A recruit shall advise the class coordinator or the section supervisor and the recruit's employing law enforcement agency in writing prior to the recruit's use of a controlled substance, medical cannabis, or any medication that could impair their judgment or compromise safety at the basic law enforcement training course. The eligible penalties for a violation of this section shall be verbal warning, written reprimand, or suspension.

(3) If a recruit is under the influence of a controlled substance to the extent that the recruit may be impaired or may endanger him or herself or other persons or property the recruit shall not participate in any basic law enforcement training course activity.

Section 13. Deadly Weapons. A recruit shall not possess deadly weapons (as defined in KRS 500.080), ammunition, destructive devices (as defined in KRS 237.030), booby trap devices (as defined in KRS 237.030), hazardous substances (as defined in KRS 224.1-400), fireworks, knives (except an ordinary pocketknife), or instruments used by law enforcement for control purposes (including batons, stun guns, Mace, and pepper spray) on property used by the department except under circumstances specifically authorized by the department. The eligible penalties for a violation of this section shall be verbal warning, written reprimand, loss of privileges, suspension, or expulsion.

Section 14. Dangerous or Disruptive Conduct.

(1) A recruit shall not threaten to engage in, or engage in, any conduct that reasonably creates, or may create, a risk of injury to self or others.

(2) If the conduct or condition of a recruit constitutes an immediate danger or an immediate threat of danger to self or others, or is disruptive of, or is an immediate threat to be disruptive of a department activity, a department staff member may take reasonable steps necessary to resolve the situation.

(3) The eligible penalties for a violation of this section shall be verbal warning, written reprimand, loss of privileges, or suspension or expulsion.

Section 15. Chain of Command. All communications shall follow chain of command of the department. Exceptions are the unavailability of a supervisor or the recruit's complaint regarding a supervisor. The eligible penalties for a violation of this section shall be verbal warning or written reprimand.

Section 16. Insubordination. A recruit shall obey an instruction from a department staff member unless the recruit has a reasonable basis for belief that the order is unlawful or contrary to regulations. The eligible penalties for a violation of this section shall be verbal warning, written reprimand, loss of privileges, or suspension.

Section 17. Obscene Material. A recruit shall not possess obscene material as defined in KRS 531.010. The eligible penalties for a violation of this section shall be verbal warning, written reprimand, loss of privileges, suspension, or expulsion.

Section 18. Sexual Harassment.

(1) Unwelcome sexual advances; requests for sexual acts or favors, with or without accompanying promises, threats, or reciprocal favors or actions; or other verbal or physical conduct of a sexual nature that creates or has the intention of creating a hostile or offensive working environment are prohibited.

(2) Complaints of sexual harassment shall be promptly investigated, and all recruits shall be free from all reprisal or retaliation for filing sexual harassment complaints.

(3) Further, all recruits are assured that they shall be free from all reprisal and retaliation for participating in an investigation of sexual harassment.

(4) Any recruit who is made aware of a complaint of sexual harassment while enrolled in basic training has a duty to immediately notify the class coordinator or section supervisor. If the section supervisor is the subject of the problem, the recruit shall immediately notify the branch manager.

(5) Recruits may also bring the complaint to the attention of the agency human resources administrator or EEO Coordinator, or the State EEO Coordinator at (502) 564-8000.

(6) The privacy of the complainant and the person accused of harassment shall be protected to the fullest extent permitted by law.

(7) A recruit who makes an oral report under this section shall be advised that the report shall be documented in writing by department staff.

(8) If the investigation reveals that the complaint appears to be valid, appropriate corrective action shall be taken to stop sexual harassment and prevent its recurrence.

(9) The eligible penalties for a violation of this section shall be verbal warning, written reprimand, loss of privileges, suspension, or expulsion.

Section 19. Criminal Conduct.

(1) While enrolled in a basic law enforcement training course, if a recruit is convicted of, charged with, or under investigation for a felony, the commissioner or designee shall determine the penalty after consultation with the investigating or prosecuting agency, and the recruit's agency. Depending on the nature of the conduct and whether the recruit is convicted of, charged with, or under investigation for a felony, the recruit shall be penalized by suspension or expulsion.

(2) While enrolled in a basic law enforcement training course, if a recruit is convicted of, charged with, or under investigation for a misdemeanor or violation, the commissioner or designee shall determine the penalty after consultation with the investigating or prosecuting agency, and the recruit's agency. Depending on the nature of the conduct and whether the recruit is convicted of, charged with, or under investigation for a misdemeanor or violation, the recruit shall be penalized by a verbal warning, written reprimand, loss of privileges, suspension, or expulsion.

Section 20. Other Conduct.

(1) A recruit shall refrain from:

(a) Vulgarity, rudeness, confrontation, dishonesty, or other disrespectful conduct directed toward a department staff member, guest, or other recruit;

(b) Conduct that is patently offensive;

(d) Knowingly and purposely filing a false complaint.

(2) The eligible penalties for a violation of this section shall be verbal warning, written reprimand, loss of privileges, suspension, or expulsion.

Section 21. Classroom Activities.

(1) A recruit shall be attentive during training activities. The eligible penalties shall be verbal warning or written reprimand.

(2) A recruit shall not take a break without permission or in an area restricted by the department. The eligible penalties shall be verbal warning or written reprimand.

(3) Insufficient performance of assignments.

(a) A recruit shall not submit for credit an assignment that is incomplete or does not meet the standards established for that assignment. Incomplete work includes a recruit's refusal to participate in group assignments or a required task. The eligible penalties shall be written reprimand, loss of privileges, or suspension.

(b) A recruit shall not represent as their own work and submit for credit any written material or other tangible deliverable created in whole or in part by another unless it is a joint project. The eligible penalties shall be written reprimand, loss of privileges, suspension, or expulsion.

(c) A recruit shall not submit any plagiarized materials for credit. Plagiarism is using the work, words, or ideas of another without attribution. The eligible penalties shall be written reprimand, loss of privileges, suspension, or expulsion.

(d) A recruit shall not submit for credit unprofessional work product that is patently offensive or presented to others with the intent to offend. The eligible penalties shall be written reprimand, loss of privileges, suspension, or expulsion.

(4) A recruit shall not cheat or attempt to cheat on a test or on any other assignment or activity. The eligible penalties shall be verbal warning, written reprimand, loss of privileges, suspension, or expulsion.

Section 22. Penalties for Misconduct.

(1) The penalties established in this section shall apply to a recruit's failure to meet conduct requirements of the department and shall be applied depending on the frequency and severity of the violations.

(a) Verbal warning. The recruit is warned verbally that he or she has violated a conduct requirement.

(b) Written reprimand. The recruit is reprimanded in writing for violating a conduct requirement.

(c) Loss of privileges. The recruit 's privileges as specified in the imposed penalty are rescinded for a stated period. The recruit's participation in basic law enforcement training course activities shall not be affected.

(d) Suspension. The recruit is suspended from the basic law enforcement training course for a period specified by the commissioner or designee and privileges are rescinded during the suspension period.

(e) Expulsion. The recruit is dismissed from the basic law enforcement training course, all privileges are terminated, credit shall not be awarded for the completed portion of the course, and the recruit shall not return to the basic law enforcement training course for a period of two (2) years unless the recruit obtains permission from the commissioner or designee.

(2) Second and subsequent violations.

(a) If a recruit has received a penalty for violating a conduct requirement, for a second violation of any conduct requirement, the next higher penalty shall be added to the list of penalties that may be imposed for the second violation.

(b) If a recruit has previously received two (2) penalties for violating two (2) conduct requirements, for a third or subsequent violation of any conduct requirement, the next two (2) higher penalties shall be added to the list of penalties that may be imposed for the third or subsequent violation.

(3) Notice of disciplinary action.

(a) The department shall give written notice to a recruit and his or her agency of any penalty imposed upon the recruit.

(b) If the penalty exceeds Summary Discipline as defined in Section 23 of this administrative regulation, the department shall provide verbal notification of the proposed disciplinary action to the recruit's agency head prior to written notice.

(4) Discipline records. A copy of any disciplinary notice and penalty imposed on a recruit shall be placed in the recruit's basic training file.

Section 23. Summary Discipline.

(1) Summary discipline includes a verbal warning, written reprimand, and loss of privileges.

(2) A department instructor may summarily impose a verbal warning, and a section supervisor or above may summarily impose a verbal warning, written reprimand, or loss of privileges without meeting the requirements of a formal disciplinary procedure provided by Sections 24 through 28 of this administrative regulation.

(3) To have authority to impose summary discipline, the staff member shall believe by a preponderance of the evidence that the recruit has engaged in misconduct.

Section 24. Complaint. Anyone having reasonable grounds for believing that a recruit has violated a conduct requirement identified in this administrative regulation may file a complaint with the section supervisor or branch manager. This complaint shall be in writing setting forth the facts upon which the complaint is based.

Section 25. Investigation.

(1) If the section supervisor or above receives a complaint of or witnesses apparent misconduct, the section supervisor or other department employee designated by the commissioner or designee shall take statements and otherwise investigate the matter. A notice of investigation shall be provided to the recruit.

(2) After investigating the matter, the section supervisor shall, with the concurrence of their branch manager:

(a) Take no action if none is justified by the evidence;

(b) Impose appropriate summary discipline; or

(c) File, with the commissioner or designee, a written request that charges be brought against the recruit. The request for charges shall describe the alleged misconduct and designate the specific conduct requirements violated. All pertinent evidence and documents, including the complaint and statements of the recruit and witnesses, shall be included.

Section 26. Review by Commissioner.

(1) The commissioner or designee shall review the request for charges and the supporting evidence and documents.

(2) The commissioner or designee may make or cause further inquiry into the matter for additional information.

(3) The commissioner or designee shall:

(a) File any charges against the recruit the commissioner or designee believes are justified by the evidence; or

(b) Deny the request for charges if the evidence does not support any charges. If the commissioner or designee declines to file charges, the commissioner or designee shall provide the recruit with a statement of the reasons for not filing charges.

(4) The charging document shall:

(a) Be in writing;

(b) Particularly describe the alleged misconduct to reasonably inform the recruit of the nature of the allegation;

(c) State the time, date, and place the recruit shall make an initial appearance before the commissioner or designee to answer the charges;

(d) Be signed by the commissioner or designee;

(e) Be served upon the recruit at least one (1) hour before his initial appearance before the commissioner or designee; and

(f) State the recruit's right to be represented by legal counsel.

Section 27. Removal from the Basic Law Enforcement Training Course Pending an Initial Appearance before the Commissioner. If a request for charges is filed against a recruit, the commissioner or designee may remove the recruit from some or all training until the recruit's initial appearance before the commissioner or designee, if there are grounds to believe the alleged misconduct took place; and

(1) The commissioner or designee has reasonable suspicion to believe the recruit would be dangerous or disruptive if not removed; or

(2) The recruit may be charged with misconduct serious enough to authorize suspension or expulsion.

Section 28. Initial Appearance before the Commissioner.

(1) The initial appearance before the commissioner or designee shall be held no more than three (3) training days after the charges have been served on the recruit. If the recruit, after receiving proper notice, fails to appear, the commissioner or designee may proceed in the recruit's absence and the recruit shall be notified in writing of any action taken.

(2) At the initial appearance before the commissioner or designee:

(a) The commissioner or designee shall:

Read the charges to the recruit; and
Explain to the recruit:

a. The charges;

b. The recruit's right to a hearing in accordance with KRS Chapter 13B; and

c. The recruit's right to be represented by legal counsel.

(b) The commissioner or designee shall explain to the recruit the possible answers to the charges including:

Admit the charges are true;
Deny the charges are true but waive a hearing; or
Deny the charges are true and ask for a hearing.

(c) The commissioner or designee shall advise the recruit of the penalty which shall be imposed if the recruit admits the charges or waives a hearing.

(d) The recruit shall be requested to answer the charges.

(e) If the recruit chooses to waive his or her rights and admits the charges or denies the charges but waives a hearing:

The recruit shall be permitted to make a statement of explanation; and
The commissioner or designee shall impose a penalty.

(f) If the recruit denies the charges and requests a hearing or refuses to answer the charges, the commissioner or designee shall set a date for the hearing. A notice of administrative hearing as required by KRS 13B.050 shall be served on the recruit within forty-eight (48) hours after the initial appearance before the commissioner or designee.

(3) The hearing shall be conducted in accordance with KRS Chapter 13B.

(4) The commissioner or designee may remove the recruit from some or all training until the hearing if:

(a) There are reasonable grounds to believe the recruit would be dangerous or disruptive if not removed; or

(b) The recruit is charged with misconduct serious enough to authorize expulsion or suspension as a possible penalty.

Section 29. Incorporation by Reference.

(1) DOCJT Form 151, "Applicant Confirmation", 2025 Edition, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Criminal Justice Training, Funderburk Building, Kit Carson Drive, Richmond, Kentucky 40475-3102, Monday through Friday, 8:00 a.m. to 4:30 p.m. This material is also available on the department's website at https://docjt.ky.gov/.

History

RELATES TO: KRS Chapter 13B, 15A.070(1), 15.380 to 15.404
STATUTORY AUTHORITY: KRS 15A.070(1),(5)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.070(1) requires the department to establish, supervise, and coordinate training programs and schools for law enforcement personnel. KRS 15A.070(5) authorizes the commissioner of the department to promulgate administrative regulations. This administrative regulation establishes conduct requirements of recruits attending basic law enforcement training courses conducted by the department, procedures for disciplinary action, and penalties for violations of conduct requirements.
History: 503 KAR 003:010. 16 Ky.R. 2076; Am. 2414; eff. 5-13-90; 25 Ky.R. 1130; 1591; eff. 1-19-99; 26 Ky.R. 888; 1180; 1408; eff. 1-18-2000; 30 Ky.R. 2360; 31 Ky.R. 65; eff. 8-6-04; 1887; 32 Ky.R. 70; eff. 8-5-05; 33 Ky.R. 2141; 2946; eff. 4-6-07; 36 Ky.R.2373; 37 Ky.R. 705; 10-1-2010; 41 Ky.R. 104; 454; eff. 10-3-2014; Cert. eff. 10-2-2021; 52 Ky.R. 489, 984, 1127; eff. 4-7-2026.

503 KAR 3:020 Law enforcement training course trainee requirements; misconduct; penalties; discipline procedures {#sec-503-kar-3-020 omnilex-key=us-ky-regs-official--title-503--503 KAR 3:020}

Section 1. Removing a Trainee from the Course.

(1) Unqualified trainee. If a trainee is not qualified to participate in training, he shall:

(a) Be removed from training by the:

Director;
Branch manager; or
Section supervisor; and

(b) Not receive credit for completed portions of training.

(2) A trainee shall be unqualified if:

(a) He or his agency files an incomplete or fraudulent application to attend the training course;

(b) He is not presently employed as a law enforcement officer and has not received special permission to attend;

Physical injury; or
Being under the influence of alcohol or drugs (prescription or illegal);

(d) He has had prior disciplinary action while at DOCJT which would prevent participation (expelled or suspended from training), or has a pending disciplinary action which was initiated during a previous DOCJT training course;

(e) He is unprepared to participate in training due to his arrival without the required equipment, license, uniform, or preparation;

(f) He failed to complete a prerequisite law enforcement training course; or

(g) He is not employed in a capacity for which the course is designed and has not received special permission to attend.

(3) If a trainee is removed from training, pursuant to subsection (1) of this section, within thirty (30) days of the removal, he may request in writing an administrative hearing, which shall comply with KRS Chapter 13B.

(4) Agency request. The department shall remove a trainee from training upon written request of the trainee's law enforcement agency. The trainee shall not receive credit for completed portions of the course.

Section 2. Gifts. A gift from trainees to department staff shall conform with the requirements of KRS 11A.040.

Section 3. Penalties for Misconduct.

(1) The following penalties shall apply to a trainee's failure to meet conduct requirements of the department. The penalties are listed in order of decreasing severity.

(a) Expulsion. The trainee is dismissed from the course, all privileges are terminated, no credit shall be awarded for the completed portion of the course, and the trainee shall not return to the same course for a period of two (2) years unless he or she obtains permission from the commissioner.

(b) Suspension. The trainee is suspended from the course and no credit shall be awarded for the completed portion of the course. The trainee shall not return to the same course for a period of two (2) years unless he or she obtains permission from the commissioner.

(d) Verbal warning. The trainee is warned verbally that he has violated a conduct requirement.

(2) First violation. Depending upon the severity and egregiousness of the violative action, any penalty listed in subsection (1) of this section may be imposed.

(3) Second and subsequent violations.

(a) If a trainee has received a penalty for violating a conduct requirement, upon a second violation of any conduct requirement the next higher penalty shall be added to the list of penalties which may be imposed for the second violation.

(b) If a trainee has previously received two (2) penalties for violating two (2) conduct requirements, upon a third or subsequent violation of any conduct requirement the next two (2) higher penalties shall be added to the list of penalties which may be imposed for the third or subsequent violation.

(4) Actions held in abeyance. If a trainee voluntarily withdraws from a training course while a disciplinary action is pending, the department may hold the action in abeyance and resume prosecution of the disciplinary proceeding if the trainee returns to any training at the department within two (2) years.

(5) Giving notice of disciplinary action to trainee and trainee's agency. The department shall give written notice to a trainee of any penalty imposed upon him. The trainee's agency shall be given written notice of any penalty imposed upon the trainee except a verbal warning, and shall be given verbal notice when a trainee has been charged with a violation of a conduct requirement and has requested a hearing.

(6) Penalty records.

(a) The department shall keep a written record of any penalty imposed on a trainee.

(b) A copy of any penalty imposed on a trainee shall be placed in his training file.

(c) Only the department, the trainee, and the trainee's agency head shall have access to the penalty records in a trainee's training file unless broader access is required by law.

(d) Original disciplinary action documents shall be stored with the department's official records custodian in accordance with the department's records retention schedule.

Section 4. Termination of Dangerous or Disruptive Situation. If the conduct or condition of a trainee constitutes an immediate danger or an immediate threat of danger to self or others, or is disruptive of, or is an immediate threat to be disruptive of, a department activity, a department staff member shall take all reasonable steps necessary to terminate the situation, including removal of the trainee from the training course pending initiation of disciplinary action.

Section 5. Conduct Requirements. A trainee attending a training course shall meet the following conduct requirements:

(1) General conduct - chain of command. All communications shall follow chain of command of the department. Exceptions are the unavailability of a supervisor, or the trainee's complaint regarding a supervisor.

(2) General conduct - insubordination. A trainee shall:

(a) Obey a lawful order from a department staff member.

(b) Refrain from vulgarity, rudeness, violent, threatening, or offensive confrontation, or other disrespectful conduct directed toward a department staff member, trainee, or other department trainee or guest.

(3) General conduct - grooming. The trainee shall maintain a professional personal appearance in accordance with the department's dress code policy, which reflects favorably upon the trainee, the department, and the trainee's agency.

(4) General conduct - alcoholic beverages and other intoxicants.

(a) A trainee shall not possess, consume, or be under the influence of alcoholic beverages, controlled substances, or other intoxicating substances not therapeutically prescribed by a physician while attending a training course or bring alcoholic beverages, controlled substances, or other intoxicating substances not therapeutically prescribed by a physician into the Thompson Residence Hall.

(b) If a trainee has taken a controlled substance as prescribed by a physician or has taken any other medication, whether prescribed or not, he shall not participate in any training activity if he is under the influence thereof to the extent that the trainee may be impaired or may endanger himself or other persons or property. A trainee shall advise the section supervisor in writing of the use of controlled substance or medication whether or not it has been prescribed by a physician.

If a dormitory staff member, department instructor, section supervisor, or branch manager observes an unlawfully-possessed intoxicating substance, he shall immediately confiscate it.
Confiscated items shall be stored in a safe and secure facility of the department pending appropriate disposition.

(5) General conduct - weapons and other dangerous devices.

(a) A trainee may possess his regular service weapon or authorized off-duty weapon, including ammunition, on property used by the department. A trainee shall not possess any other deadly weapons (as defined in KRS 500.080), ammunition, destructive devices or booby trap devices (as defined in KRS 237.030), hazardous substances (as defined in KRS Chapter 224), fireworks, or instruments used by law enforcement for control purposes (such as batons, stun guns, Mace, and pepper spray) on property used by the department except under circumstances specifically authorized by the department.

(b) Confiscation.

If a dormitory staff member, department instructor, section supervisor, branch manager, director, or commissioner observes an unlawfully-possessed weapon or other dangerous device he shall immediately confiscate it.
Confiscated items shall be stored in a safe and secure facility of the department pending appropriate disposition.

(6) General conduct - department property.

(a) A trainee shall not negligently or intentionally damage, destroy, fail to return, or be wasteful of property of the department or any other facility used by the department.

(b) A trainee shall not have successfully completed training until he has returned all issued items or made satisfactory arrangements to pay for unreturned or damaged items.

(7) General conduct - conduct unbecoming a trainee. A trainee shall not:

(a) Engage in criminal activity, including acts which would constitute a felony, misdemeanor, or violation, while enrolled in a training class. In addition to any disciplinary action imposed by the department, the appropriate prosecutorial authority shall be notified of the activity.

(b) Engage in conduct which creates a danger or risk of danger to the trainee or another, possess obscene material or private erotic matter as defined in KRS 531.010, engage in conduct which is unreasonably annoying, engage in fighting or in violent, tumultuous, or threatening conduct, engage in sexual harassment, or engage in conduct which is patently offensive.

(8) Training activities - absences.

(a) A trainee is absent if he is not physically present in a class or other required department activity for more than ten (10) minutes. A trainee shall give advance notice of an absence if possible.

(b) All absences from training shall be approved by the section supervisor or branch manager. Absences shall only be excused for legitimate reasons including sickness, court appearances, and emergencies. Written notice shall be given prior to the absence, or if an unexpected absence, on the first day upon returning.

(c) If a trainee is absent for less than ten (10) percent of a subject area, excused or unexcused, he shall make up for the absence by completing a special assignment. The assignment shall be provided by the instructor who taught the missed subject area and shall be approved by the section supervisor. Failure to complete the assignment shall be deemed a failure for that subject area.

(d) A trainee shall repeat a subject area in which he has had an absence of ten (10) percent or more, excused or unexcused.

(e) A trainee shall not be allowed to repeat a test that occurs during the trainee's unexcused absence.

(9) Training activities - breaks. Trainees shall be allowed a ten (10) minute break per hour of instruction if possible. Breaks shall be taken only in areas designated by the department.

(10) Training activities - general conduct.

(a) A trainee shall be attentive during training activities.

(b) A trainee shall not use tobacco products during, or bring food or drink into, any department training activity, regardless of location, unless permitted by the branch manager.

(c) A trainee shall not negligently or intentionally engage in conduct which creates or may create a risk of injury to others during a training session.

(11) Training activities - dishonesty. A trainee shall not cheat or attempt to cheat on a test or on any other assignment or activity; or alter or attempt to alter a test grade or other evaluation result; or engage in any other conduct intended to gain an undeserved evaluation for himself or another.

(12) Residence hall.

(a) Each trainee shall be responsible for cleaning his area. Each morning, prior to leaving for class training, a trainee shall ensure his room is clean and free of trash, with beds made and the room ready for inspection.

(b) Doors shall be locked whenever a room is unoccupied.

(d) All residence hall rooms, closets, and containers therein may be inspected by department staff for purposes of safety, sanitation, and rule violations.

(e) A trainee residing at the residence hall shall not:

Have any person of the opposite sex in his room without the permission of the department.
Keep pets, animals, or birds of any kind in his room.
Engage in dangerous, disruptive, immoral, or obscene behavior.

Section 6. Summary Discipline. Except for summary discipline, a penalty shall not be imposed upon a trainee unless charges have first been brought by the legal officer.

(1) The following department staff members have the authority to impose the specified penalties summarily without meeting the requirements of the formal disciplinary procedures provided by Sections 8 through 12 of this administrative regulation. To have the authority to impose summary discipline, the staff member shall believe by a preponderance of the evidence that the trainee has engaged in the misconduct.

(a) A department instructor may summarily impose a verbal warning.

(b) The section supervisor, branch manager, director, or commissioner may summarily impose a verbal warning or written reprimand.

(2) Before imposing a penalty summarily, the staff member shall give the trainee the opportunity to give an explanation.

(3) A summarily imposed penalty shall be reviewed by, and may be rescinded or modified by, the immediate supervisor of the staff member imposing the penalty. The reviewer shall provide the trainee with the opportunity to give an explanation.

Section 7. Removal from Training Pending an Initial Appearance Before the Commissioner.

(1) When a charge is filed against a trainee, the commissioner or director may remove the trainee from some or all training until the trainee's initial appearance before the commissioner if he has reasonable grounds to believe the alleged misconduct took place and:

(a) He has reasonable suspicion to believe the trainee would be dangerous or disruptive if not removed; or

(b) The trainee has been charged with misconduct serious enough to authorize expulsion.

(2) A trainee who has been removed from training pending an initial appearance before the commissioner shall be provided the initial appearance within three (3) training days of the removal.

Section 8. Complaint. Anyone having reasonable grounds for believing that a trainee has violated any of the conduct requirements identified in this administrative regulation may file a complaint with the section supervisor. The complaint shall be in writing setting forth the facts upon which the complaint is based.

Section 9. Investigation by Section Supervisor.

(1) If the section supervisor receives a complaint of or witnesses apparent misconduct, he shall take statements and otherwise investigate the matter.

(2) After investigating the matter, the section supervisor shall:

(a) Take no action unless it is justified by the evidence;

(b) Impose appropriate summary discipline; or

(c) File, with the legal officer, a written request that charges be brought against the trainee. The request for charges shall describe the alleged misconduct and designate the specific conduct requirements violated. All pertinent evidence and documents including the complaint, and statements of the trainee and witnesses, shall be forwarded to the legal officer.

Section 10. Review by Legal Officer; Placing Charges.

(1) The legal officer shall review the request for charges and the supporting evidence and documents.

(2) The legal officer may make or cause further inquiry into the matter for additional information.

(3) The legal officer shall:

(a) File any charges against the trainee as he believes are justified by the evidence; or

(b) Deny the request for charges if the evidence does not support any charges. If the legal officer declines to file charges, he shall provide the commissioner with a statement of his reasons for not filing charges.

(4) The charging document shall:

(a) Be in writing;

(b) Particularly describe the alleged misconduct so as to reasonably inform the trainee of the nature of the allegation;

(c) State the time, date, and place the trainee shall make an initial appearance before the commissioner to answer the charges;

(d) Be signed by the legal officer; and

(e) Be served upon the trainee at least one (1) hour before his initial appearance before the commissioner. The copy shall be served upon the trainee in person or by mail.

Section 11. Initial Appearance Before the Commissioner.

(1) The initial appearance before the commissioner shall be held no more than three (3) training days after the charges have been served on the trainee. If the trainee, after receiving proper notice, fails to appear, the commissioner may proceed in his absence and the trainee shall be notified in writing of any action taken.

(2) At the initial appearance before the commissioner:

(a) The legal officer shall:

Read the charges to the trainee; and
Explain to the trainee:

a. The charges;

b. His right to an administrative hearing in accordance with KRS Chapter 13B; and

c. His right to be represented by legal counsel.

(b) The legal officer shall explain to the trainee the possible answers to the charges, which shall be admit the charges are true, deny the charges are true but waive an administrative hearing, or deny the charges are true and ask for an administrative hearing.

(c) The commissioner shall advise the trainee of the penalty which shall be imposed if the trainee admits the charges or waives an administrative hearing.

(d) The trainee shall be requested to answer the charges.

(e) If the trainee chooses to waive his rights and admits the charges or denies the charges but waives an administrative hearing:

He shall be permitted to make a statement of explanation; and
The commissioner shall impose a penalty.

(f) If the trainee denies the charges and requests an administrative hearing, or refuses to answer the charges, the commissioner shall set a date for the administrative hearing. A notice of administrative hearing as required by KRS 13B.050 shall be served on the trainee within forty-eight (48) hours of the initial appearance before the commissioner.

(3) The commissioner may remove the trainee from some or all training until the administrative hearing if:

(a) He has reasonable grounds to believe the trainee would be dangerous or disruptive if not removed; or

(b) The trainee is charged with misconduct serious enough to authorize expulsion as a possible penalty.

Section 12. Hearing. The administrative hearing shall be conducted in accordance with KRS Chapter 13B.

History

RELATES TO: KRS 15A.070(1), 15.440
STATUTORY AUTHORITY: KRS 15A.070
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.070(1) requires the Department of Criminal Justice Training to establish, supervise and coordinate training programs and schools for law enforcement personnel. This administrative regulation establishes conduct requirements for trainees attending in-service law enforcement training courses conducted by the Department of Criminal Justice Training, procedures for disciplinary action, and penalties for violations of conduct requirements.
History: 16 Ky.R. 2081; Am. 2419; eff. 5-13-1990; 26 Ky.R. 195; 599; eff. 9-16-1999; 30 Ky.R. 2364; 31 Ky.R. 69; eff. 8-6-2004; 48 Ky.R. 1342, 2065; eff. 4-5-2022.

503 KAR 3:030 Training charges {#sec-503-kar-3-030 omnilex-key=us-ky-regs-official--title-503--503 KAR 3:030}

Section 1. Definition. "Eligible category" means :

(1) City police departments;

(2) County police departments;

(3) Urban-county police departments;

(4) Public airport authority police departments established pursuant to KRS 183.880;

(5) Department of Kentucky State Police;

(6) State or public university departments of safety established pursuant to KRS 164.950;

(7) Local boards of education employing school resource officers who are special law enforcement officers appointed pursuant to KRS 61.902;

(8) Sheriffs' departments, except for those deputy sheriffs identified in KRS 70.045 and 70.263(3);

(9) Constables;

(10) Coroners;

(11) Department of Alcoholic Beverage Control, limited to field representatives and investigators appointed pursuant to KRS 241.090;

(12) Department of Insurance - Division of Insurance Fraud Investigation, limited to insurance fraud investigators appointed pursuant to KRS 304.47-040;

(13) State agencies that have adopted certification pursuant to KRS 15.380(2), limited to those peace officers for whom the certification requirements of KRS 15.380 to 15.402 have been incorporated into their job specifications;

(14) Officers who are certified by the Kentucky Law Enforcement Council pursuant to KRS 15.380(4) or (5), and are presently employed in the capacity for which certification was obtained;

(15) Persons participating in courses offered under the Law Enforcement Professional Development and Wellness Program pursuant to KRS 15.518.

Section 2. Basic Training. While participating in a basic training course conducted by the department, [persons employed as sworn law enforcement officers in an eligible category shall be eligible to receive free tuition, housing at facilities to be provided by the department, and meals, not to exceed the amounts established in Section 7 of this administrative regulation.[

Section 3. In-service Training.

(1) Persons employed in an eligible category, whether sworn or unsworn, while participating in in-service training courses conducted by the department shall be eligible for free tuition, limited to a maximum of eighty (80) hours during a calendar year.

(2) If a person has accumulated fewer than eighty (80) hours of in-service training at the time of registration for an additional in-service training course, and subsequently completes the course, which brings the in-service training total to more than eighty (80) hours, the person shall not be required to pay fees for the training which exceeds eighty (80) hours.

Section 4. Telecommunications. Persons employed in an eligible category to dispatch law enforcement units by means of radio communications or to operate teleprocessing equipment associated with the Law Information Network of Kentucky (LINK), shall be eligible to receive:

(1) Free tuition, housing at facilities to be provided by the department, and meals, not to exceed the amounts established in Section 7 of this administrative regulation, while participating in the Telecommunications Academy conducted by the department; and[

(2) Free tuition while participating in other telecommunications courses conducted by the department, limited to a maximum of eighty (80) hours during a calendar year. When calculating the maximum number of free training hours to which the person is eligible:

(a) The hours associated with the Telecommunications Academy, telecommunications basic course, CJIS - full access course, or CJIS - inquiry only course shall not be added;

(b) The hours associated with a telecommunications course that is substituted for a failed telecommunications course, shall not be added; and

(c) If a person has accumulated fewer than eighty (80) hours of telecommunications training at the time of registration for an additional telecommunications course, and subsequently completes the course, which brings the telecommunications training total to more than eighty (80) hours, the person shall not be required to pay fees for the training which exceeds eighty (80) hours.[

Section 5. Fees in Reciprocation. If an agency or person has provided training services to the department, the commissioner may waive some or all fees for training provided by the department when requested by the agency or person. The commissioner shall advise in writing, prior to the start date of the requested training, of the specific training which shall be provided and the fees which shall be waived. The waiver of fees shall be limited to the terms as described in writing by the commissioner.

Section 6. Payment of Fees Required.

(1) The enrolling agency of a person who is not eligible for free fees as determined in Sections 2 through 5 of this administrative regulation, shall be required to pay all applicable fees as established in Section 7 of this administrative regulation.

(2) A person who repeats a training course conducted by the department, within three (3) years from the start date of the original course, whether the first course was passed or failed, shall be required to pay all applicable fees as established in Section 7 of this administrative regulation for the repeated course. A training course that is substituted for a failed training course shall be considered retraining, for which all applicable fees shall be paid.

(3) If a person participates in a training course, for which it is determined prior to participation that fees are required, but fails the course, full fees shall be due.

(4) If a person participates in a training course, for which it is determined prior to participation that fees are required, but withdraws from training for reasons other than those which constitute extenuating circumstances, as defined in 503 KAR 1:110 or 503 KAR 5:090, training fees shall be assessed based upon the training which was received. If payment has been received by the department, the person, or the agency responsible for the payment of training fees, shall be reimbursed the amount in excess of the actual training fees which were incurred.

(5) If a person exits a course owing fees, he or she shall not be allowed to return to the same or a substitute course until the outstanding course balance is paid in full.

(6) Fees may be required as a result of a disciplinary suspension or expulsion, pursuant to 503 KAR 3:010, which are made part of the commissioner's final order.

Section 7. Fees.

(1) Tuition per person shall be:

(a) $600 per week.

(b) $120 per day for training of less than one (1) week.

(d) Sixty (60) dollars for training which involves less than four (4) hours.

(2) Housing charges per person, for accommodations provided by the department, shall be:

(a) Seventy-five (75) dollars per five (5) day training week, which shall include Sunday night through Thursday night; or

(b) Fifteen (15) dollars per day.

(3) Meals. A person in an eligible category shall be allotted a meal allowance for breakfast, lunch, and dinner on Monday through Friday of each training week. The meal allowance for each training session shall be based upon the actual meal costs as determined by the department.[

Section 8. Procedures.

(1) When an enrolling agency is required to pay fees for training, the authorized agency head shall be responsible for payment of fees.

(2) Payment of required fees for training shall be made prior to the start date of the course. If payment is not received by the department prior to the start date of the course, the person shall be ineligible to participate in the course.

(3) Payments shall be made by a check from the employing agency, or cashier's check from the person, payable to the Kentucky State Treasurer.[

History

RELATES TO: KRS 15.340
STATUTORY AUTHORITY: KRS 15A.070, 15A.160
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15.340 authorizes the Department of Criminal Justice Training to determine whether certain persons to whom it offers training or agencies employing such persons must bear any or all costs of training. This administrative regulation prescribes training charges and identifies those who shall pay for training.
History: 16 Ky.R. 2085; eff. 5-13-1990; Am. 27 Ky.R. 223; eff. 9-11-2000; 48 Ky.R. 1346, 2068; eff. 4-5-2022.

503 KAR 3:050 Telecommunications (Public Safety Dispatch) Academy graduation requirements; records {#sec-503-kar-3-050 omnilex-key=us-ky-regs-official--title-503--503 KAR 3:050}

Section 1. Definitions.

(1) "Academy" means the minimum 160 hour Telecommunications (Public Safety Dispatch) Academy course conducted by the department of Criminal Justice Training.

(2) "CJIS" is defined by KRS 15.530(1).

Section 2. Academy Content. The academy shall consist of the following eight (8) areas:

(1) Introduction to Dispatching;

(2) Duties and Responsibilities;

(3) Phone procedures;

(4) Radio procedures;

(5) Calls for service;

(6) Emergency medical dispatch;

(7) Criminal justice information system (CJIS); and

(8) Final Exam and Graduation.

Section 3. Academy Graduation Requirements.

(1) To graduate from the academy, a trainee shall:

(a) Successfully complete a minimum of 160 hours of Kentucky Law Enforcement Council (KLEC)-approved training;

(b) Attain a passing score on all examinations for which a numerical score is assigned, as follows:

Minimum score on the Emergency Medical Dispatch written examination;
Minimum score on the CPR written examination; and
Seventy (70) percent on all other examinations for which a numerical score is assigned;

(d) Successfully complete all other assignments, exercises, and projects included in the academy. After-hours assignments may be required, and shall be successfully completed to pass the training area for which they were assigned.

(2) A trainee shall fail the academy if the trainee does not meet the requirements established in subsection (1) of this section.

Section 4. Reexaminations.

(1) A trainee shall be permitted one (1) reexamination.

(2) A trainee who fails an examination shall not be reexamined:

(a) Earlier than twenty-four (24) hours from the original examination; or

(b) Later than the last scheduled day before the academy graduation.

(3) A trainee shall fail the academy if the trainee fails a reexamination.

Section 5. Failure and Repetition of Academy.

(1) A trainee who has failed an academy shall be permitted to repeat one (1) academy in its entirety during the following twelve (12) months.

(2) The trainee or his agency shall pay all fees for the repeated academy.

Section 6. Absence.

(1) A trainee may have excused absences from the academy with approval of the Branch Manager or Telecommunications Training Section Supervisor.

(2) An excused absence from the academy which causes a trainee to miss any of the 160 hours of training shall be made up through an approved training assignment. Make up training assignments shall be approved by the course instructor.

(3) If a trainee misses more than ten (10) percent of the total hours of the academy and all absences were excused and all work was made up, the trainee shall be withdrawn from the academy and reenrolled in a subsequent class beginning at the point of the trainee's withdrawal. The time period for reenrollment in a subsequent class shall not exceed six (6) months from the date of the class from which the trainee was withdrawn.

(4) If a trainee's absence is unexcused and he or she misses more than ten (10) percent of the total hours of the academy, the trainee shall be withdrawn from the academy and receive no credit for completed training.

Section 7. Circumstances Preventing Completion of the Academy. If a trainee is prevented from completing the academy due to extenuating circumstances beyond the control of the trainee, including injury, illness, personal tragedy, or agency emergency, he or she shall be permitted to complete the unfinished areas of the academy within 180 days immediately following the termination of the extenuating circumstance, if the:

(1) Extenuating circumstance preventing completion of the academy does not last for a period of longer than one (1) year; and

(2) Failure to complete is not caused by a preexisting physical injury or preexisting physiological condition.

Section 8. Termination of Employment While Enrolled. If while enrolled in the academy, a trainee's employment as a dispatcher is terminated by resignation or dismissal and he or she is unable to complete the academy, he or she may complete the remaining training within one (1) year of reemployment as a dispatcher. The trainee shall repeat the academy in its entirety if:

(1) The break in employment exceeds one (1) year; or

(2) The termination of employment is a result, directly or indirectly, of disciplinary action taken by the department against the trainee while enrolled in the academy.

Section 9. Maintenance of Records. All training records shall be:

(1) Available to the council and the secretary for inspection or other appropriate purposes; and

(2) Maintained in accordance with applicable standards in KRS Chapter 171.

History

RELATES TO: KRS 15.530, 15.550, 15.560, 15.565
STATUTORY AUTHORITY: KRS 15.590
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15.590 authorizes the Kentucky Law Enforcement Council to promulgate administrative regulations regarding training and telecommunications practices. This administrative regulation establishes the course and graduation requirements of the Telecommunications (Public Safety Dispatch) Academy.
History: 28 Ky.R. 194; Am. 626; eff. 9-10-2001; 30 Ky.R. 419; 862; eff. 10-31-2003; 32 Ky.R. 1476; 2268; eff. 7-7-2006; 38 Ky.R. 1386; 1566; eff. 4-6-2012; 48 Ky.R. 1348, 2070; eff. 4-5-2022.

503 KAR 3:110 Certified Court Security Officers academy trainee requirements; misconduct; penalties; discipline procedures {#sec-503-kar-3-110 omnilex-key=us-ky-regs-official--title-503--503 KAR 3:110}

Section 1. Uniforms and Criminal History Records Check Required.

(1) A trainee shall acquire and wear the designated uniform of his or her employing agency while participating in the academy. If an agency has not adopted a uniform, male trainees shall wear a shirt and tie and female trainees shall wear business casual for women. Penalty: verbal warning, written reprimand, loss of privileges, or probation.

(2) A uniform shall be:

(a) Clean, pressed, and in good condition; and

(b) Appropriately sized to fit the trainee and not excessively loose, baggy, or tight. Penalty: verbal warning or written reprimand.

(3) Jewelry.

(a) The trainee may wear one (1) ring per hand. A wedding and engagement ring worn together shall be considered one (1) ring.

(b) Necklaces, earrings, bracelets, and other jewelry shall not be worn unless authorized by the coordinator.

(4) Optional clothing may be worn during a training activity if authorized by the class coordinator or an instructor.

(5) The trainee's employing agency shall submit Form 151 to the department stating that:

(a) A criminal history check, in accordance with 503 KAR 1:140, Section 4(1)(f) and (2), has been conducted within ninety (90) days before the trainee attends the Academy for Certified Court Security Officers; and

(b) The trainee is not prohibited by state or federal law from accessing the Criminal Justice Information System (CJIS) or any other restricted records database.

(6) If the criminal history check required by KRS 15.3971(1)(e) and (k) has been performed within ninety (90) days before the trainee arrives for the academy, an additional criminal records check shall not be required of the employing agency.

Section 2. Removing a Trainee from the Academy.

(1) Unqualified trainee. If the Department discovers that a trainee does not meet the Certified Court Security Officer qualifications in KRS 15.3971, he shall:

(a) Be removed from the academy by the:

Director;
Branch manager; or
Section supervisor; and

(b) Not receive credit for completed portions of academy training.

(2) If a trainee is removed from the academy he may request an administrative hearing, conducted in accordance with the requirements of KRS Chapter 13B, within thirty (30) days of the removal. The request for an administrative hearing shall be in writing.

(3) Agency request. The department shall remove a trainee from the academy upon written request of the trainee's law enforcement agency. The trainee shall not receive credit for completed portions of academy training.

Section 3. Gifts. A gift from trainees to department staff shall conform with KRS Chapter 11A, the executive branch code of ethics.

Section 4. Penalties for Misconduct.

(1) The penalties established in this section shall apply to a trainee's failure to meet conduct or honor code requirements of the department. The penalties are listed in order of decreasing severity.

(a) Expulsion. The trainee is dismissed from the academy, and all privileges are terminated.

(b) Suspension. The trainee is suspended from the academy for a specified period of time; all privileges are rescinded during the suspension period.

(c) Loss of privileges. The trainee's privileges as specified in the imposed penalty are rescinded for a stated period of time. The trainee's participation in academy activities is not affected.

(d) Written reprimand. The trainee is reprimanded in writing for violating a conduct or honor code requirement.

(e) Verbal warning. The trainee is warned verbally that he has violated a conduct or honor code requirement.

(2) Second and subsequent violations.

(a) If a trainee has received a penalty for violating a conduct or honor code requirement, upon a second violation of any conduct or honor code requirement the next higher penalty shall be added to the list of penalties that may be imposed for the second violation.

(b) If a trainee has previously received two (2) penalties for violating two (2) conduct or honor code requirements, upon a third or subsequent violation of any conduct or honor code requirement the next two (2) higher penalties shall be added to the list of penalties that may be imposed for the third or subsequent violation.

(3) Notice of disciplinary action to trainee and trainee's agency. The department shall give written notice to a trainee of any penalty imposed upon him. The trainee's agency shall be given written notice of any penalty imposed upon the trainee except a verbal warning, and shall be given verbal notice if a trainee has been charged with a violation of a conduct or honor code requirement and has requested a hearing.

(4) Penalty records.

(a) The department shall keep a written record of a penalty imposed on a trainee by placing it in the trainee's file.

(b) Except if required by law, a trainee's training file shall not be available for access except by:

The department, including the department's use of redacted records for accreditation purposes;
The trainee; or
The trainee's agency head.

Section 5. Termination of Dangerous or Disruptive Situation. If the conduct or condition of a trainee constitutes an immediate danger or an immediate threat of danger to self or others, or is disruptive of, or is an immediate threat to be disruptive of a department activity, a department staff member may take all reasonable steps necessary to terminate the situation.

Section 6. Conduct Requirements. A trainee attending the academy shall meet the conduct requirements established in this section.

(1) General conduct - chain of command. All communications shall follow the chain of command of the department. Exceptions are the unavailability of a supervisor, or the trainee's complaint regarding a supervisor. Penalty: verbal warning or written reprimand.

(2) General conduct - insubordination. A trainee shall:

(a) Obey a lawful order from a department staff member. Penalty: verbal warning or written reprimand, loss of privileges, probation, or suspension; and

(b) Refrain from:

Engaging in sexual activity on Department property;
Physical contact with another person that is inappropriate in a professional training setting, for example, hugging or kissing;
Vulgarity;
Sexual harassment;
Rudeness;
Confrontation; and
Other disrespectful conduct directed toward a department staff member, trainee or other department trainee or guest. Penalty: verbal warning, written reprimand, loss of privileges, probation, suspension, or expulsion.

(3) General conduct - grooming.

(a) A male trainee:

Shall be clean shaven with sideburns no longer than the bottom of the ear lobe;
May wear a mustache if he had it upon arrival and keeps it neatly trimmed; and
Shall not wear a beard unless he receives permission from the department, based upon a written request from the trainee's agency.

(b) A trainee's hair shall:

Not be unkempt; and
Be kept above the collar.

(4) General conduct - alcoholic beverages and other intoxicants.

(a) Regardless of amount, a trainee shall not possess, consume nor be under the influence of alcoholic beverages, controlled substances, or other intoxicating substances not therapeutically prescribed by a physician or a qualified medical professional while attending a basic training course which shall include all dates of training and periods when residing in the dormitory, including the weekend if the trainee is granted permission to stay beyond the normal Friday evening checkout.

(b) "Attending a basic training course" shall not include the weekend period during which trainees check out of the dormitory and return to their homes.

(c) A trainee shall not report to the dormitory having consumed alcoholic beverages, controlled substances, or other intoxicating substances.

(d) A trainee shall submit to testing as requested by the department to determine the presence of alcoholic beverages, or controlled or other intoxicating substances at the department's expense.

(e) Testing shall not be required to impose a penalty under this subsection, but may be requested if a department or dormitory staff member, instructor, section supervisor, branch manager, director, or commissioner has a reasonable suspicion that the trainee has violated the provisions of this section.

(f) Testing may be randomly requested of all members of an academy class or all dormitory residents. If a test is requested, a trainee shall be considered to have consumed alcoholic beverages if his or her blood alcohol concentration is 0.01 percent or greater.

(g) If a trainee has taken a controlled substance as prescribed by a physician or a qualified medical professional or has taken any other medication, whether prescribed or not, he shall not participate in any academy activity if he is under the influence thereof to the extent that the trainee may be impaired or may endanger himself or other persons or property. A trainee shall advise the class coordinator or the section supervisor in writing of the use of a controlled substance or medication whether or not it has been prescribed by a physician or a qualified medical professional.

(h) Penalty: verbal warning, written reprimand, loss of privileges, probation, suspension, or expulsion.

(i) Confiscation.

If a dormitory staff member, department instructor, section supervisor, or branch manager observes an unlawfully possessed intoxicating substance, he shall immediately confiscate it.
A confiscated item shall be stored in a secure facility of the department until the item is returned to the trainee at the completion of the academy, or disposed of by the department.

(5) General conduct - weapons and other dangerous devices.

(a) Due to the accidents that have occurred in the training setting in other jurisdictions, a trainee shall not possess the following on property used by the department except under circumstances specifically authorized by the department:

Deadly weapons as defined in KRS 500.080;
Ammunition;
Destructive devices as defined in KRS 237.030;
Booby trap devices as defined in KRS 237.030;
Hazardous substances as defined in KRS 224.1-400;
Fireworks; or
Instruments used by law enforcement for control purposes, such as batons, stun guns, Mace, and pepper spray.

(b) Weapons specifically designated by the department to be used for training purposes shall be stored in a vault provided by the department at all times when they are not being used directly in academy activities and may be removed only for scheduled training, servicing, cleaning, or repair. Servicing, cleaning, and repairs of weapons (other than repairs that may require the expertise of a qualified gunsmith) shall be carried out only as authorized by the section supervisor and only in the presence of a certified firearms instructor.

(d) Confiscation.

If a dormitory staff member, department instructor, section supervisor, branch manager, director, or commissioner observes a weapon or other dangerous device possessed in violation of this subsection, he shall immediately confiscate it.
Confiscated items shall be stored in a safe and secure facility of the department pending appropriate disposition.

(6) General conduct - department property.

(a) A trainee shall not damage, destroy, fail to return, or be wasteful of property of the department or any other facility used by the department. Penalty: verbal warning, written reprimand, loss of privileges, probation, suspension, or expulsion.

(b) A trainee shall not have successfully completed the academy, and shall not be allowed to graduate until he has returned all issued items or made satisfactory arrangements to pay for unreturned or damaged items.

(7) General conduct - conduct unbecoming a trainee. A trainee shall not:

(a) Engage in criminal activity, including acts which would constitute a felony, misdemeanor, or violation, while enrolled in the academy.

(b) Engage in conduct that creates a danger or risk of danger to the trainee or another;

(d) Engage in conduct that is annoying;

(e) Engage in fighting or in violent, tumultuous, or threatening conduct;

(f) Engage in sexual harassment; or

(g) Engage in conduct that is offensive. Penalty: verbal warning, written reprimand, loss of privileges, probation, suspension, or expulsion.

(8) Academy activities - absences.

(a) A trainee shall be considered absent if he is not physically present in a class or other required department activity for more than ten (10) minutes. A trainee shall be considered tardy if he is not physically present at a class or other required department activity for fewer than ten (10) minutes. A trainee shall give advance notice of an absence if possible. Penalty for unexcused absence: verbal warning, written reprimand, loss of privileges, probation, or suspension. Penalty for unexcused tardiness: verbal reprimand or written reprimand.

(b) An absence shall be excused if the trainee was absent due to:

Illness;
Illness of an immediate family member;
Death of an immediate family member;
Necessity of trainee's agency; or
Emergency circumstances.

(d) If a trainee is absent, excused or unexcused, he shall make up for the absence by completing an assignment provided by the instructor who taught the missed unit. Failure to make up the work shall be deemed a failure for that academy area.

(e) If a trainee is absent for a combined period of more than ten (10) percent of the academy, he or she may be required to return to a later class in order to complete all coursework.

(9) Academy activities - breaks. Trainees shall be allowed a ten (10) minute break per hour of instruction if possible. A trainee shall not take a break in an area restricted by the department. Penalty: verbal warning or written reprimand.

(10) Academy activities - general conduct.

(a) A trainee shall be attentive during academy activities. Penalty: verbal warning or written reprimand.

(b) A trainee shall not possess any electronic devices during scheduled training hours unless approval is granted by the class coordinator. Electronic devices shall include cellular telephones, mp3-type audio players, cameras, and recording devices. Penalty: verbal warning or written reprimand.

(c) A trainee shall not use tobacco products during, or bring food or drink into an academy activity. Penalty: verbal warning or written reprimand.

(d) A trainee shall not engage in conduct that creates or may create a risk of injury to others during a training session. Penalty: probation, suspension, or expulsion.

(11) Academy activities - dishonesty. A trainee shall not cheat or attempt to cheat on a test or on any other assignment or activity; or alter or attempt to alter a test grade or other evaluation result; or engage in any other conduct intended to gain an undeserved evaluation for himself or another. Penalty: suspension or expulsion.

(12) Residence hall.

(a) During the academy a trainee shall reside in the residence hall designated by the department. Upon request of the head of the trainee's agency, exceptions shall be approved by the training director or his designee. Costs incurred as a result of an approved request shall not be the responsibility of the Department of Criminal Justice Training.

(b) A trainee shall return to his residence hall at curfew times designated by the commissioner, Sunday through Thursday evenings, and remain there until 5 a.m. the next morning. Exceptions shall be approved by the class coordinator and reported in writing through channels to the director. Penalty: verbal warning, written reprimand, loss of privileges, or probation.

(c) A trainee shall observe "lights out" by 11:30 p.m. Sunday through Thursday except on nights prior to an academic test when the time shall be extended to 12 midnight. Penalty: verbal warning or written reprimand.

(d) Each trainee shall be responsible for cleaning his area. Each morning, prior to leaving for class training, a trainee shall ensure his room is clean and free of trash, with beds made and the room ready for inspection. Penalty: verbal warning, written reprimand or loss of privileges.

(e) Doors shall be locked whenever a room is unoccupied. Penalty: verbal warning, written reprimand or loss of privileges.

(f) A hot plate shall not be used in the residence hall. Penalty: verbal warning, written reprimand or loss of privileges.

(g) All residence hall rooms, closets, and containers therein may be inspected by department staff for purposes of safety, sanitation, and rule violations.

(h) A trainee residing at the residence hall shall not:

Have any person of the opposite sex in his room without the permission of the department. Penalty: verbal warning, written reprimand, loss of privileges, probation, or suspension.
Have a visitor in his room after 9 p.m. Penalty: verbal warning, written reprimand, or loss of privileges.
Keep pets, animals, or birds of any kind in his room. Penalty: verbal warning, written reprimand, or loss of privileges.
Engage in dangerous, disruptive, immoral or obscene behavior. Penalty: verbal warning, written reprimand, loss of privileges, probation, suspension, or expulsion.

Section 7. Honor Code. The trainee shall abide by the provisions of the honor code which reads as follows: We are a dynamic team of individuals who possess a wide array of talent and strengths. In order for our team to grow and be successful, we will respect the leadership of the agency and follow directives to the best of our ability. We will make sacrifices for the benefit of the team. We will practice humility and show a spirit of compromise. As trainees of the Department of Criminal Justice Training, Certified Court Security Officers Academy, we will not lie, steal or cheat nor tolerate any among us who do. We will keep our private lives honorable as an example to all. We will be exemplary in obeying the laws of the Commonwealth and the administrative regulations of the Department of Criminal Justice Training. Whatever we see or hear of a confidential nature or confided to us in our official capacity shall be kept confidential unless revelation is necessary in the performance of duty. We will never allow personal feelings, prejudices, ill will or friendships to influence our decisions. We know that each of us is individually responsible for standards of professional performance. Therefore, we will make the utmost effort to improve our level of knowledge and competence. We recognize the badge of our office as a symbol of public faith and accept it as a public trust to be held so long as we are true to the ethics of the police service. We will constantly strive to achieve these ideals, dedicating ourselves to our chosen profession - law enforcement. Penalty: verbal warning, written reprimand, loss of privileges, probation, suspension, or expulsion. All disciplinary procedures contained in this administrative regulation shall apply to the honor code violation. The department may pursue separately any additional offenses discovered during the investigation of the honor code violation.

Section 8. Department's Responsibilities to Trainee's Agency. In order to keep the agency advised of the trainee's progress and performance in the certified court security officers academy so that the agency may adequately assess the trainee's ability to perform required duties, the department shall provide the following to the sheriff of the trainee's agency:

(1) Immediate notice of specific nonperformance, misconduct, or lack of progress; and

(2) Immediate notice of any off-campus activity that reflects negatively on the profession, including the following:

(a) Parking a marked police vehicle at a:

Bar;
Tavern;
Lounge;
Nightclub; or
Other establishment with the primary purpose of serving alcoholic beverages;

(b) Disorderly conduct;

(d) Other behavior that gives rise to a citizen's complaint.

Section 9. Summary Discipline. Except for summary discipline, a penalty shall not be imposed upon a trainee unless charges have first been brought by the legal officer.

(1) The department staff members listed in this subsection may impose the specified penalties summarily without meeting the requirements of the formal disciplinary procedures provided by Sections 10 through 15 of this administrative regulation. To have the authority to impose summary discipline, the staff member shall believe by a preponderance of the evidence that the trainee has engaged in the misconduct.

(a) A department instructor may summarily impose a verbal warning.

(b) The section supervisor, branch manager, director, or commissioner may summarily impose a verbal warning, written reprimand, or loss of privileges.

(2) Before imposing a penalty summarily, the staff member shall give the trainee the opportunity to give an explanation.

Section 10. Removal from the Academy Pending an Initial Appearance Before the Commissioner.

(1) If a request for charges is filed against a trainee, the commissioner or director may remove the trainee from some or all training until the trainee's initial appearance before the commissioner if he has reasonable grounds to believe the alleged misconduct took place and:

(a) He has reasonable suspicion to believe the trainee would be dangerous or disruptive if not removed; or

(b) The trainee may be charged with misconduct serious enough to authorize expulsion.

(2) A trainee who has been removed from the academy pending an initial appearance before the commissioner shall be provided the initial appearance within three (3) training days of the removal.

Section 11. Complaint. Anyone having reasonable grounds for believing that a trainee has violated a conduct or honor code requirement identified in this administrative regulation may file a complaint with the section supervisor. This complaint shall be in writing setting forth the facts upon which the complaint is based.

Section 12. Investigation by Section Supervisor.

(1) If the section supervisor receives a complaint of or witnesses apparent misconduct, he shall take statements and otherwise investigate the matter.

(2) After investigating the matter, the section supervisor shall:

(a) Take no action if none is justified by the evidence;

(b) Impose appropriate summary discipline; or

The request for charges shall describe the alleged misconduct and designate the specific conduct requirements violated.
All pertinent evidence and documents including the complaint, and statements of the trainee and witnesses shall be forwarded to the legal officer.

Section 13. Review by Legal Officer; Placing Charges.

(1) The legal officer shall review the request for charges and the supporting evidence and documents.

(2) The legal officer may make or cause further inquiry into the matter for additional information.

(3) The legal officer shall either:

(a) File any charges against the trainee that he believes are justified by the evidence; or

(b) Deny the request for charges if the evidence does not support any charges.

(4) If the legal officer declines to file charges, he shall provide the commissioner with a statement of his reasons for not filing charges.

(5) The charging document shall:

(a) Be in writing;

(b) Particularly describe the alleged misconduct so as to reasonably inform the trainee of the nature of the allegation;

(c) State the time, date, and place the trainee shall make an initial appearance before the commissioner to answer the charges.

(d) Be signed by the legal officer; and

(e) Be served upon the trainee at least one (1) hour before his initial appearance before the commissioner.

Section 14. Initial Appearance Before the Commissioner.

(2) At the initial appearance before the commissioner:

(a) The legal officer shall:

Read the charges to the trainee; and
Explain to the trainee:

a. The charges;

b. His right to a hearing in accordance with KRS Chapter 13B; and

c. His right to be represented by legal counsel.

(b) The legal officer shall explain to the trainee that he shall answer the charges by:

Admitting the charges are true;
Denying the charges are true but waiving a hearing; or
Denying the charges are true and requesting a hearing.

(c) The commissioner shall advise the trainee of the penalty that shall be imposed if the trainee admits the charges or waives a hearing.

(d) The trainee shall be requested to answer the charges.

(e) If the trainee chooses to waive his rights and admits the charges or denies the charges but waives a hearing:

He shall be permitted to make a statement of explanation; and
The commissioner shall impose a penalty.

(f) If the trainee denies the charges and requests a hearing, or refuses to answer the charges, the commissioner shall set a date for the hearing, notice of which shall be provided in writing to the trainee.

(3) The commissioner may remove the trainee from some or all training until the hearing if:

(a) He has reasonable grounds to believe the trainee would be dangerous or disruptive if not removed; or

(b) The trainee is charged with misconduct serious enough to authorize expulsion as a possible penalty.

Section 15. Hearing. The hearing shall be conducted in accordance with KRS Chapter 13B.

Section 16. Incorporation by Reference.

(1) DOCJT Form 151, "Applicant Confirmation", 05-08-14, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at Department of Criminal Justice Training, Funderburk Building, Kit Carson Drive, Richmond, Kentucky 40475-3102, Monday through Friday, 8:00 a.m. to 4:30 p.m.

History

RELATES TO: KRS 15.380(1)(c), 15.3975
STATUTORY AUTHORITY: KRS 15.3975(1), 15A.070(1), (5)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.070(1) requires the Department of Criminal Justice Training to establish, supervise, and coordinate training programs and schools for law enforcement personnel. KRS 15A.070(5) authorizes the commissioner of the Department of Criminal Justice Training to promulgate administrative regulations. This administrative regulation establishes conduct requirements of trainees attending the Certified Court Security Officers academy conducted by the Department of Criminal Justice Training, procedures for disciplinary action, and penalties for violations of conduct requirements.
History: 11 Ky.R. 1542; Am. 1776; eff. 5-14-85; 12 Ky.R. 1628; eff. 5-6-86; 16 Ky.R. 1982; 2412; eff. 5-13-90; 26 Ky.R. 1203; 2-14-2000; 27 Ky.R. 2574; 3083; eff. 5-14-2001; 29 Ky.R. 2340; 2883; eff. 6-16-03; 31 Ky.R. 1733; 32 Ky.R. 68; eff. 8-5-05; 953; 1395; eff. 3-3-06; 33 Ky.R. 2138; 2944; eff. 4-6-07; 35 Ky.R. 1012; 1457; eff. 1-5-2009; 36 Ky.R. 2383; 37 Ky.R. 713; eff. 10-1-2010; 41 Ky.R. 108; 458; eff. 10-3-2014; Cert. eff. 10-2-2021.

503 KAR 3:130 Online Basic and In-Service Training {#sec-503-kar-3-130 omnilex-key=us-ky-regs-official--title-503--503 KAR 3:130}

Section 1. Definitions.

(1) "Asynchronous learning" means online instruction that allows students to access content or participate in learning, but does not require students and instructors to participate at the same time or in the same place.

(2) "Blended learning" means a course of study that includes both traditional in person classroom instruction and synchronous learning or asynchronous learning.

(3) "Online learning" means instruction that takes place through electronic technologies and media over the internet.

(4) "Recruit" is defined by 503 KAR 3:005, Section 1(9).

(5) "Student" means a trainee or recruit as defined by 503 KAR 3:005.

(6) "Synchronous learning" means online instruction that occurs between students and instructors at the same time, but not in the same place, using video technology.

(7) "Trainee" is defined by 503 KAR 3:005, Section 1(12).

Section 2. Implementation.

(1) By no later than January 1, 2024, at least ten percent (10%) of the total hours of course instruction required to be completed for basic training under KRS 15.440(1)(d) shall be made available electronically and online for candidates to complete through remote learning.

(2) By no later than January 1, 2025, at least thirty percent (30%) of the total course offerings required to be completed by an officer for annual in-service training under KRS 15.440(1)(e) that is offered or sponsored by the Department of Criminal Justice Training shall be made available electronically and online to complete through remote learning.

(3) The instruction provided by the Department of Criminal Justice Training under this section shall not be in the subject areas that require the demonstration or use of physical skill for the purposes of evaluating the participant's proficiency.

(4) The course offerings and instruction required to be provided under subsection (2) of this section shall be available throughout the entire calendar year and spread out over a reasonable period of time so as not to require attendance or participation for the entirety of a single work week.

Section 3. Instruction Offered. Online and blended learning available shall be identified annually through the department's Web site at https://www.docjt.ky.gov/ in the training area including through the registration system and course listings. The schedule of classes shall state whether a course is synchronous or asynchronous and identify any software and hardware requirements for participation in online class sessions.

Section 4. Online Learning.

(1) A student participating in online learning through the department shall:

(a) Actively participate in class learning activities regardless of the delivery method;

(b) Successfully complete and submit all assignments for the online learning event within the deadline set for the specific online training event including:

Electronic documents;
Discussion boards;
Blogs;
Polls;
Group assignments; and
Any other assigned work from the instructor;

(c) Complete assignments, online lessons, and tests only in a location conducive to learning, free of distraction, that ensures the safety of the student;

(d) Comply with all course requirements within the time required as described in the Kentucky Law Enforcement Council approved curriculum or schedule book on the department's Web site at https://www.docjt.ky.gov/ in the training area;

(e) Have equipment that meets the minimum requirements for the course;

(f) Have an approved internet browser as well as a stable internet connection and sufficient internet speed capable of meeting course requirements, including the ability to:

Stream online video;
Engage in web conferencing;
Receive information and documents; and
Use software programs required within the course; and

(g) Test equipment that will be used for the online course pursuant to individual course requirements at least five (5) days prior to the start of the online training.

(2) If a student is unable to meet technology requirements for the course or the student's testing indicates a problem for participation, the student shall contact the department at least five (5) days prior to the start of the online training to try to address the issue.

(3) If a student is unable to correct the issue prior to the start of the course, the student shall be removed from the course roster and may reenroll in another course at a later time.

(4) A student shall comply with 503 KAR Chapter 3.

Section 5. Synchronous Learning.

(1) A student shall be:

(a) Viewed and able to be heard online by the instructor and other students; and

(b) Present online with appropriate equipment pursuant to individual course requirements.

(2) A student shall acknowledge as requested the student's attendance at all attendance checks during an online learning event.

Section 6. Asynchronous Learning.

(1) For asynchronous learning that is not performed on the department campus, a trainee shall be exempt from the:

(a) Attendance requirement in 503 KAR 3:020, Section 5(8);

(b) Grooming and uniform requirements in 503 KAR 3:020, Section 5(3); and

(2) For asynchronous learning that is not performed on the department campus, a recruit shall be exempt from the:

(a) Attendance requirement in 503 KAR 3:010, Section 6(9);

(b) Grooming and uniform requirements in 503 KAR 3:010, Section 6(3); and

(c) Tobacco products usage and consumption of food or drink prohibitions in 503 KAR 3:010, Section 6(11)(c).503 KAR 3:130. Online Basic and In-Service Training

History

RELATES TO: KRS 15A.070, 15.440
STATUTORY AUTHORITY: KRS 15A.070
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.070(1)(a) requires the Department of Criminal Justice Training to establish, supervise, and coordinate training programs and schools for law enforcement personnel. KRS 15A.070(1)(b) requires the department to establish procedures and participation requirements for basic training and annual in-service course instruction to be offered electronically and online through remote learning. KRS 15A.070(5) authorizes the Department of Criminal Justice Training to promulgate administrative regulations. This administrative regulation establishes requirements for basic training and annual in-service course instruction to be offered electronically and online through remote learning.
History: 49 Ky.R. 955, 1423; eff. 4-4-2023.

503 KAR 3:140 Telecommunications (Public Safety Dispatch) Academy trainee requirements; misconduct; penalties; discipline procedures {#sec-503-kar-3-140 omnilex-key=us-ky-regs-official--title-503--503 KAR 3:140}

Section 1. Criminal History Records Check Required. Prior to the trainee arriving at the Academy, the trainee's employing agency shall submit Form 151, Applicant Confirmation, to the department stating that:

(1) A criminal history check required by KRS 15.540(1) has been conducted within ninety (90) days before the trainee shall attend the Academy; and

(2) The trainee is not prohibited by state or federal law from accessing the Criminal Justice Information System (CJIS) or any other restricted records database.

Section 2. Removing a Trainee from the Academy.

(1) Unqualified trainee. After a trainee arrives on campus, if it is discovered that a trainee does not meet the law enforcement telecommunicator qualifications required by KRS 15.540, the trainee shall:

(a) Be removed from the academy by the commissioner or designee; and

(b) Not receive credit for completed portions of academy training.

(2) If a trainee is removed from the academy, pursuant to subsection (1) of this section, within thirty (30) days of the removal, the trainee may request in writing an administrative hearing, which shall comply with KRS Chapter 13B.

(3) Agency request. The department shall remove a trainee from the academy upon written request of the trainee's agency. Depending on the circumstances, the trainee may not receive credit for completed portions of academy training.

Section 3. Trainee Performance Report.

(1) The department shall provide at the conclusion of the academy a trainee performance report that includes trainee conduct, demonstrated leadership abilities, examination scores, overall effort on performance, observed social and interpersonal skills, and appearance.

(2) The trainee and the trainee's agency head or designee shall have access to the trainee's training record without filing an open records request pursuant to KRS 61.870 through KRS 61.884.

Section 4. Authority to Impose Discipline.

(1) A trainee may receive a verbal warning from a department instructor, section supervisor, branch manager, division director, or the commissioner or designee without meeting the requirements of the formal disciplinary procedures provided by Section 21 of this administrative regulation.

(2) A trainee may receive a written reprimand or loss of privileges from a section supervisor, branch manager, division director, or the commissioner or designee without meeting the requirements of the formal disciplinary procedures provided by Section 21 of this administrative regulation.

(3) Before a penalty set out in subsection (1) or (2) above may be imposed, the trainee shall have the opportunity to give an explanation.

(4) Any penalty set out in subsection (1) and (2) that is imposed on a trainee shall be reviewed by and may be rescinded or modified by the immediate supervisor of the staff member that imposed the penalty.

(5) The trainee shall have the opportunity to give an explanation to the reviewing immediate supervisor.

(6) Only the commissioner or designee may impose any penalty on a trainee regarding criminal conduct, and for all conduct for which a suspension or expulsion is allowed after an investigation has been conducted.

Section 5. Uniforms and hygiene.

(1) A trainee shall wear the required uniform and practice good personal hygiene while participating in the academy. Exceptions shall be approved in advance by the branch manager.

(2) The required uniform shall consist of:

(a) For men:

Department issued shirt;
Solid black dress pants with belt loops. Cargo pants or low-cut pants shall not be worn;
Black belt;
Black short sleeved undershirt;
Black socks above the ankles. Footies shall not be worn; and
Black, plain-toe, dress shoes, or tactical style duty boots; or

(b) For women:

Department issued shirt;
Solid black dress pants with belt loops or knee-length skirt. Cargo pants or low-cut pants shall not be worn:
Black belt;
Black short sleeved undershirt;
Black socks or hose above the ankles. Footies or anklets shall not be worn; and
Black, plain, closed-toe, dress shoes, or tactical style duty boots.

(3) A dark blue or black jacket or sweater may be worn with the uniform.

(4) A name tag, provided by the department, shall be worn on the right shirt breast.

(5) Sleeves on long-sleeved shirts shall not be rolled up.

(6) Additional clothing may be worn during an academy activity if authorized by the instructor.

(7) Uniforms shall be clean, pressed, and in good condition.

(8) The eligible penalties for a violation of this section shall be verbal warning or written reprimand.

Section 6. Residence Hall. If a trainee resides in a residence hall designated by the department, the trainee shall:

(1) Report and return to the trainee's residence hall by curfew times designated by the coordinator, Sunday through Thursday evenings, and remain there until 5:00 a.m. the next morning. Exceptions shall require approval from the class coordinator. The eligible penalties shall be verbal warning, written reprimand, or loss of privileges;

(2) Clean the trainee's area as directed by the coordinator. The eligible penalties shall be verbal warning or written reprimand;

(3) Keep doors of the trainee's room locked whenever the room is unoccupied. The eligible penalties shall be verbal warning or written reprimand;

(4) Not use hot plates or other table-top cooking surfaces. The eligible penalties shall be verbal warning, written reprimand, or loss of privileges;

(5) Not allow a visitor in the trainee's room after 9:00 p.m. The eligible penalties shall be verbal warning, written reprimand, or loss of privileges;

(6) Not keep pets or animals of any kind in the trainee's room, except ADA-defined service animals with advanced, written approval from the commissioner or designee. The eligible penalties shall be verbal warning, written reprimand, or loss of privileges; and

(7) Not engage in dangerous or disruptive behavior. The eligible penalties shall be verbal warning, written reprimand, loss of privileges, or suspension.

Section 7. Department Property.

(1) A trainee shall:

(a) Not damage, destroy, or fail to return property of the department or any other facility used by the department;

(b) Use department property in a manner that conserves resources and avoids waste; and

(2) A trainee shall not be allowed to graduate until the trainee has returned all issued items or made satisfactory arrangements to pay for unreturned or damaged items.

(3) The eligible penalties for a violation of this section shall be verbal warning, written reprimand, loss of privileges, suspension, or expulsion.

Section 8. Absences.

(1) A trainee shall:

(a) Be considered tardy if the trainee is not physically present at a class or other required department activity for fewer than ten (10) minutes;

(b) Be considered absent if the trainee is not physically present in a class or other required department activity for ten (10) or more minutes; and

(2) Excused absence or tardy.

(a) An absence or tardy may be excused if due to:

Illness;
Illness of an immediate family member;
Death of an immediate family member;
Necessity of the trainee's agency; or
Emergency circumstances.

(b) The determination as to whether an absence or tardy is excused shall be made by the section supervisor or branch manager.

(c) If a trainee's absence is excused, the trainee shall make up for the absence by completing an assignment provided by the instructor who taught the missed unit. Failure to make up the work shall be deemed a failure for that missed unit.

(d) If a trainee's absence is excused and the trainee misses more than ten (10) percent of the total hours of the academy, the trainee shall be withdrawn from the academy and reenrolled in a subsequent class beginning at the point at which the trainee was first absent. The time period for reenrollment in a subsequent class shall not exceed six (6) months from the date of the class from which the trainee was withdrawn.

(3) Unexcused absence or tardy.

(a) If a trainee's tardy is unexcused the eligible penalties shall be verbal warning or written reprimand.

(b) The eligible penalties for an unexcused absence shall be verbal warning, written reprimand, loss of privileges, or suspension.

(c) If a trainee's absence is unexcused and the trainee misses more than ten (10) percent of the total hours of the academy, the trainee shall be withdrawn from the academy and receive no credit for completed training.

Section 9. Tobacco, Food, and Drink Products.

(1) A trainee shall not possess tobacco products while on department property or other facility used by the department.

(2) A trainee shall not bring food or drink into an academy activity unless so permitted by the branch manager or above.

(3) The eligible penalties for a violation of this section shall be verbal warning or written reprimand.

Section 10. Electronic Devices. A trainee shall not possess any personal electronic devices during scheduled training hours unless written permission is granted by the class coordinator. The eligible penalties for a violation of this section shall be verbal warning or written reprimand.

Section 11. Alcohol. A trainee shall not possess, consume, or be under the influence of alcoholic beverages while present at the academy, or participating in academy activities. Any alcoholic beverage and its container shall be confiscated. The eligible penalties for a violation of this section shall be written reprimand, loss of privileges, suspension, or expulsion.

Section 12. Controlled Substances.

(1) A trainee shall advise the class coordinator or the section supervisor in writing of the use of a controlled substance, cannabis, or any medication that could impair their judgment or compromise safety. The eligible penalties for a violation of this section shall be verbal warning, written reprimand, or suspension.

(2) A trainee shall not possess or consume any controlled substance not prescribed or certified by a qualified medical professional while present at the academy or participating in academy activities. The eligible penalties shall be suspension or expulsion.

(3) If a trainee is under the influence of a controlled substance to the extent that the trainee may be impaired or may endanger him or herself or other persons or property the trainee shall not participate in any academy activity.

Section 13. Deadly Weapons. A trainee shall not possess a "deadly weapon" (as defined by KRS 500.080), ammunition, a "destructive device" (as defined by KRS 237.030), a "booby trap device" (as defined by KRS 237.030), a "hazardous substance" (as defined by KRS 224.1-400), fireworks, knives (except an ordinary pocketknife), or instruments used by law enforcement for control purposes (such as batons, stun guns, Mace, and pepper spray) on property used by the department except under circumstances specifically authorized by the department. The eligible penalties for a violation of this section shall be verbal warning, written reprimand, loss of privileges, suspension, or expulsion.

Section 14. Dangerous or Disruptive Conduct.

(1) A trainee shall not threaten to engage in or engage in any conduct that reasonably creates or may create a risk of injury to self or others.

(2) If the conduct or condition of a trainee constitutes an immediate danger or an immediate threat of danger to self or others, or is disruptive of, or is an immediate threat to be disruptive of a department activity, a department staff member may take reasonable steps necessary to resolve the situation.

(3) The eligible penalties for a violation of this section shall be verbal warning, written reprimand, loss of privileges, or suspension or expulsion.

Section 15. Chain of command. All communications shall follow the chain of command of the department. Exceptions to use of the chain of command shall be the unavailability of a supervisor or the trainee's complaint regarding a supervisor. The eligible penalties for a violation of this section shall be verbal warning or written reprimand.

Section 16. Insubordination. A trainee shall obey an instruction from a department staff member unless the trainee has a reasonable basis for belief that the order is unlawful or contrary to regulations. The eligible penalties for a violation of this section shall be verbal warning, written reprimand, loss of privileges, or suspension.

Section 17. Obscene Material. A trainee shall not possess "obscene" material as defined by KRS 531.010. The eligible penalties for a violation of this section shall be verbal warning, written reprimand, loss of privileges, suspension, or expulsion.

Section 18. Sexual harassment.

(2) Complaints of sexual harassment shall be promptly investigated, and all trainees shall be free from any and all reprisal or retaliation for the filing of these complaints.

(3) All trainees are assured that they shall be free from any and all reprisal and retaliation for participating in an investigation of sexual harassment.

(4) Any trainee who is made aware of a complaint of sexual harassment while enrolled at the academy has a duty to immediately notify the class coordinator or section supervisor. If the section supervisor is the subject of the problem, the trainee shall immediately notify the branch manager.

(5) Trainees may also bring the complaint to the attention of the agency human resources administrator or EEO Coordinator, or the State EEO Coordinator at (502) 564-8000.

(6) The privacy of the complainant and the person accused of harassment shall be protected to the fullest extent permitted by law.

(7) If the investigation reveals that the complaint appears to be valid, immediate and appropriate corrective action shall be taken to stop sexual harassment and prevent its recurrence.

(8) Disciplinary action may be taken against persons found to have knowingly and purposely filed false claims about sexual harassment and all anti-discrimination or harassment policies.

(9) The eligible penalties for a violation of this section shall be verbal warning, written reprimand, loss of privileges, suspension, or expulsion.

Section 19. Criminal Conduct.

(1) While enrolled in the academy, if a trainee is convicted of, charged with, or under investigation for a felony, the commissioner or designee shall determine the penalty after consultation with the investigating or prosecuting agency, and the trainee's agency. Depending on the nature of the conduct and whether the trainee is convicted of, charged with, or under investigation for a felony, the trainee shall be penalized by suspension or expulsion.

(2) While enrolled in the academy, if a trainee is convicted of, charged with, or under investigation for a misdemeanor or violation, the commissioner or designee shall determine the penalty after consultation with the investigating or prosecuting agency, and the trainee's agency. Depending on the nature of the conduct and whether the trainee is convicted of, charged with, or under investigation for a misdemeanor or violation, the trainee shall be penalized by a verbal warning, written reprimand, loss of privileges, suspension, or expulsion.

Section 20. Other Conduct.

(1) A trainee shall refrain from:

(a) Vulgarity, rudeness, confrontation, dishonesty, or other disrespectful conduct directed toward a department staff member, guest, or other trainee.

(b) Conduct that is patently offensive; and

(2) The eligible penalties shall be verbal warning, written reprimand, loss of privileges, suspension, or expulsion.

Section 21. Classroom activities.

(1) A trainee shall be attentive during academy activities. The eligible penalties shall be verbal warning or written reprimand.

(2) A trainee shall not take a break without permission or in an area restricted by the department. The eligible penalties shall be verbal warning or written reprimand.

(3) Insufficient performance of assignments.

(a) A trainee shall not submit for credit an assignment that is incomplete or does not meet the standards established for that assignment. Incomplete work includes a trainee's refusal to participate in group assignments or a required task. The eligible penalties shall be written reprimand, loss of privileges, or suspension.

(b) A trainee shall not represent as their own work and submit for credit any written material or other tangible deliverable created in whole or in part by another, unless it is a joint project. The eligible penalties shall be written reprimand, loss of privileges, suspension, or expulsion.

(c) A trainee shall not submit any plagiarized materials for credit. Plagiarism is using the work, words, or ideas of another without attribution. The eligible penalties shall be written reprimand, loss of privileges, suspension, or expulsion.

(d) A trainee shall not submit for credit unprofessional work product that is patently offensive or presented to others with the intent to offend. The eligible penalties shall be written reprimand, loss of privileges, suspension, or expulsion.

(4) A trainee shall not cheat or attempt to cheat on a test or on any other assignment or activity. The eligible penalties shall be verbal warning, written reprimand, loss of privileges, suspension, or expulsion.

Section 22. Penalties for Misconduct.

(1) The penalties established in this section shall apply to a trainee's failure to meet conduct requirements of the department and shall be applied depending on the frequency and severity of the violations.

(a) Verbal warning. The trainee is warned verbally that he or she has violated a conduct requirement.

(b) Written reprimand. The trainee is reprimanded in writing for violating a conduct requirement.

(c) Loss of privileges. The trainee's privileges as specified in the imposed penalty are rescinded for a stated period of time. The trainee's participation in academy activities is not affected.

(d) Suspension. The trainee is suspended from the academy for a period of time specified by the commissioner or designee and privileges are rescinded during the suspension period.

(e) Expulsion. The trainee is dismissed from the academy, all privileges are terminated, credit shall not be awarded for the completed portion of the course, and the trainee shall not return to the telecommunications academy for a period of two (2) years unless the trainee obtains permission from the commissioner or designee.

(2) Second and subsequent violations.

(a) If a trainee has received a penalty for violating a conduct requirement, for a second violation of any conduct requirement the next higher penalty shall be added to the list of penalties that may be imposed for the second violation.

(b) If a trainee has previously received two (2) penalties for violating two (2) conduct requirements, for a third or subsequent violation of any conduct requirement, the next two (2) higher penalties shall be added to the list of penalties that may be imposed for the third or subsequent violation.

(3) Notice of disciplinary action.

(a) The department shall give written notice to a trainee and his or her agency of any penalty imposed upon the trainee.

(b) If the penalty exceeds Summary Discipline as established in Section 23, the department shall provide verbal notification of the proposed disciplinary action to the trainee's agency head prior to written notice.

(4) Discipline records. A copy of any disciplinary notice and penalty imposed on a trainee shall be placed in the trainee's training file.

Section 23. Summary Discipline.

(1) Summary discipline is a verbal warning, written reprimand, and loss of privileges.

(2) A department instructor may summarily impose a verbal warning and a section supervisor or above may summarily impose a verbal warning, written reprimand, or loss of privileges without meeting the requirements of the formal disciplinary procedures provided by Sections 24 through 28 of this administrative regulation.

(3) To have the authority to impose summary discipline, the staff member shall believe by a preponderance of the evidence that the trainee has engaged in the misconduct.

Section 24. Complaint. Anyone having reasonable grounds for believing that a trainee has violated a conduct requirement identified in this administrative regulation may file a complaint with the section supervisor or branch manager. This complaint shall be in writing setting forth the facts upon which the complaint is based.

Section 25. Investigation.

(2) After investigating the matter, the section supervisor shall, with the concurrence of his or her branch manager:

(a) Take no action if none is justified by the evidence;

(b) Impose appropriate summary discipline; or

(c) File, with the commissioner or designee, a written request that charges be brought against the trainee. The request for charges shall describe the alleged misconduct and designate the specific conduct requirements violated. All pertinent evidence and documents including the complaint and statements of the trainee and witnesses shall be included.

Section 26. Review by Commissioner.

(1) The commissioner or designee shall review the request for charges and the supporting evidence and documents.

(2) The commissioner or designee may make or cause further inquiry into the matter for additional information.

(3) The commissioner or designee shall:

(a) File any charges against the trainee the commissioner or designee believes are justified by the evidence; or

(b) Deny the request for charges if the evidence does not support any charges. If the commissioner or designee declines to file charges, the commissioner or designee shall provide the trainee with a statement of the reasons for not filing charges.

(4) The charging document shall:

(a) Be in writing;

(b) Particularly describe the alleged misconduct so as to reasonably inform the trainee of the nature of the allegation;

(c) State the time, date, and place the trainee shall make an initial appearance before the commissioner or designee to answer the charges;

(d) Be signed by the commissioner or designee;

(e) Be served upon the trainee at least one (1) hour before his initial appearance before the commissioner or designee; and

(f) State the trainee's right to be represented by legal counsel.

Section 27. Removal from the Academy Pending an Initial Appearance before the Commissioner. If a request for charges is filed against a trainee, the commissioner or designee may remove the trainee from some or all training until the trainee's initial appearance before the commissioner, if the commissioner or designee has reasonable grounds to believe the alleged misconduct took place and:

(1) The commissioner or designee has reasonable suspicion to believe the trainee would be dangerous or disruptive if not removed; or

(2) The trainee may be charged with misconduct serious enough to authorize suspension or expulsion.

Section 28. Initial Appearance before the Commissioner.

(1) The initial appearance before the commissioner or designee shall be held no more than three (3) training days after the charges have been served on the trainee. If the trainee, after receiving proper notice, fails to appear, the commissioner or designee may proceed in his or her absence and the trainee shall be notified in writing of any action taken.

(2) At the initial appearance before the commissioner or designee:

(a) The commissioner or designee shall:

Read the charges to the trainee; and
Explain to the trainee:

a. The charges;

b. The trainee's right to a hearing in accordance with KRS Chapter 13B; and

c. The trainee's right to be represented by legal counsel;

(b) The commissioner or designee shall explain to the trainee the possible answers to the charges including:

Admit the charges are true;
Deny the charges are true but waive a hearing; or
Deny the charges are true and ask for a hearing;

(c) The commissioner or designee shall advise the trainee of the penalty that shall be imposed if the trainee admits the charges or waives a hearing;

(d) The trainee shall be requested to answer the charges;

(e) If the trainee chooses to waive his rights and admits the charges or denies the charges but waives a hearing:

The trainee shall be permitted to make a statement of explanation; and
The commissioner or designee shall impose a penalty; and

(f) If the trainee denies the charges and requests a hearing or refuses to answer the charges, the commissioner or designee shall set a date for the hearing. A notice of administrative hearing as required by KRS 13B.050 shall be served on the trainee within forty-eight (48) hours after the initial appearance before the commissioner or designee.

(3) The hearing shall be conducted in accordance with KRS Chapter 13B.

(4) The commissioner or designee may remove the trainee from some or all training until the hearing if:

(a) The commissioner or designee has reasonable grounds to believe the trainee would be dangerous or disruptive if not removed; or

(b) The trainee is charged with misconduct serious enough to authorize suspension or expulsion as a possible penalty.

Section 29. Incorporation by Reference.

(1) DOCJT Form 151, "Applicant Confirmation", 2024 Edition, is incorporated by reference.

History

RELATES TO: KRS Chapter 13B, 15.530-15.590, 61.870-61.884
STATUTORY AUTHORITY: KRS 15.590, 15A.070(1), (5)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.070(1) requires the Department of Criminal Justice Training to establish, supervise, and coordinate training programs and schools for law enforcement personnel. KRS 15A.070(5) authorizes the commissioner to promulgate administrative regulations. This administrative regulation establishes conduct requirements of trainees attending the telecommunications (public safety dispatch) academy conducted by the Department of Criminal Justice Training, procedures for disciplinary action, and penalties for violations of conduct requirements.
History: 51 Ky.R. 1042, 1448; eff. 5-6-2025.

Chapter 4 Concealed Deadly Weapons

503 KAR 4:010 Definitions for 503 KAR Chapter 4 {#sec-503-kar-4-010 omnilex-key=us-ky-regs-official--title-503--503 KAR 4:010}

Section 1. Definitions.

(1) "Applicant training course" means a firearms safety or training course or class required by KRS 237.110(4)(i) that:

(a) The department:

Conducts; or
Has approved; or

(b) Is conducted by firearms instructors certified by the department.

(2) "Department" means the Department of Criminal Justice Training.

(3) "Instructor candidate" means a person who is taking a firearms safety or training course or class in order to qualify as a firearms instructor.

(4) "Instructor trainer" means a firearms instructor who has been certified by the department to train qualified firearms instructors.

(5) "Certified firearms instructor" means a person who has been certified by the department to teach applicant training courses.

(6) "Student" means a person taking an applicant training course.

History

RELATES TO: KRS 237.110(4)(i), 237.120, 237.122, 237.124
STATUTORY AUTHORITY: KRS 15A.070(5), 237.110(4)(i), 237.120(1), 237.122(1), 237.124
NECESSITY, FUNCTION, AND CONFORMITY: KRS 237.110(4)(i) , 237.120(1), and 237.122(1) require the department to operate and maintain a program for firearms instructor trainers and firearms instructors for the concealed deadly weapon training program; and to offer or approve firearms safety courses. KRS 15A.070(5) authorizes the commissioner to promulgate administrative regulations . This administrative regulation establishes the definitions for administrative regulations relating to the certification of firearms instructors; and firearms safety and training courses or classes.
History: 23 Ky.R. 1283; Am. 1587; eff. 9-17-1996; 48 Ky.R.1350, 2071; eff. 4-5-2022.

503 KAR 4:020 Teaching and advertising courses {#sec-503-kar-4-020 omnilex-key=us-ky-regs-official--title-503--503 KAR 4:020}

Section 1. A person who is not a certified firearms instructor shall not teach applicant training courses.

Section 2. A person who is not a certified firearms instructor shall not advertise or otherwise represent a course he teaches as qualifying students to meet the requirements to receive a license to carry concealed deadly weapons in Kentucky.

Section 3. A person who is not a certified instructor trainer shall not teach instructor qualification courses.

History

RELATES TO: KRS 237.110(2)(f)
STATUTORY AUTHORITY: KRS 237.110(2)(f)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 237.110(2)(f) requires the department to promulgate administrative regulations concerning the: (1) certification and decertification of firearms instructors practicing in Kentucky; and (2) firearms safety and training courses or classes that are: (a) approved by the department; or (b) conducted by the department or by a firearms instructor certified by the department. This administrative regulation: (1) restricts the teaching of applicant training instructor qualification courses to persons who are certified by the department to teach; and (2) prohibits advertisements or other representations relating to firearms safety and training courses or classes and licensure to carry a concealed firearm by persons who are not certified by the department.
History: 23 Ky.R. 1284; Am. 1587; eff. 9-17-96; Crt eff. 2-25-2020.

503 KAR 4:040 Required instructor training {#sec-503-kar-4-040 omnilex-key=us-ky-regs-official--title-503--503 KAR 4:040}

Section 1. A firearms instructor or instructor trainer course shall include:

(1) Fourteen (14) hours of classroom instruction covering at least the following topics:

(a) By means of a videotape produced by the department:

The requirements for obtaining a concealed deadly weapons license in Kentucky;
Sections of KRS Chapters 237 and 527 that relate to firearms; and
Sections of KRS Chapter 503 relating to the justifiable use of force;

(b) The conduct of applicant training courses;

(d) The basic nomenclature of handguns;

(e) The basic principles of marksmanship; and

(f) The safe handling of handguns;

(2) A classroom demonstration, during which the instructor candidate shall receive instruction on and demonstrate competency in the ability to prepare and deliver a classroom presentation using materials from the applicant curriculum; and

(3) Range instruction and firing of live ammunition, during which the instructor candidate shall receive instruction on and demonstrate competency in the ability to:

(a) Handle and fire a handgun safely and accurately;

(b) Conduct a function test and safety inspection of common types of handguns;

(d) Supervise and conduct live firing exercises in a safe and efficient manner.

Section 2. To qualify as a certified firearms instructor or an instructor trainer, the instructor candidate shall achieve:

(1) A minimum score of seventy (70) percent on a written examination covering the material taught during the classroom portion of the course;

(2) A minimum score of eighty (80) percent on range firing of a handgun, without receiving any assistance in holding, aiming, or firing by any other person, from a safe position while aiming at a full size silhouette target approved by the department, with a minimum of:

(a) Ten (10) rounds from seven (7) yards; and

(b) Ten (10) rounds from fifteen (15) yards; and

(3) A score of "passing" from the course instructor for demonstrating competency in each of the following:

(a) Supervising and conducting live fire;

(b) Cleaning and inspecting handguns; and

(c) Preparing and delivering the classroom lecture. The lecture shall be graded by using the "CCDW Instructor and Instructor Trainer Five (5)-Minute Presentation" Form. The form shall be submitted to the department as a part of the class record.

Section 3. In order to avoid unnecessary repetition of the course work in the CCDW applicant course, a person who desires to be certified as a CCDW firearms instructor or instructor trainer, but does not possess a CCDW license, shall be permitted to complete the appropriate CCDW firearms instructor training course and shall be issued an applicant certificate which can be used to apply for a CCDW license. Upon showing proof to the Department of Criminal Justice Training that the person has obtained a license, the person shall be certified as an instructor or instructor trainer.

Section 4.

(1) An instructor candidate who fails to meet the requirements of Section 2 of this administrative regulation may retake the examination, range work, or classroom demonstration one (1) time without having to repeat the course.

(2) An instructor candidate shall retake the examination, range work, or classroom demonstration within thirty (30) days of the date of failure to meet the requirements of Section 2 of this administrative regulation.

(3) A certified firearms instructor trainer may use a CCDW "Training Class Roster Form," CCDW #5 to comply with the class roster requirements of KRS 237.110(22)(d).

Section 5.

(1) A course participant shall provide a safe, functional handgun and factory-loaded ammunition.

(2) Prior to conducting range firing, the course instructor shall:

(a) Inspect each applicant's firearm; and

(b) Not allow the firing of a handgun that the instructor has reason to believe is not in sound mechanical condition or otherwise may pose a safety hazard.

Section 6. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "CCDW Instructor and Instructor Trainer Five (5)-Minute Presentation," (6/02 edition), Department of Criminal Justice Training; and

(b) "CCDW Training Class Roster Form (CCDW #5)," October 2015, Department of Criminal Justice Training.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, from the Department of Criminal Justice Training, Funderburk Building, 4449 Kit Carson Drive, Richmond, Kentucky 40475-3102, Monday through Friday, 8 a.m. to 4:30 p.m.

(3) This material is also available on the department's Web site at https://www.docjt.ky.gov/forms.

History

RELATES TO: KRS 237.110, 237.120, 237.122, 237.124, 237.126
STATUTORY AUTHORITY: KRS 15A.070(5), 237.120(1), 237.122(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 237.120(1) and 237.122(1) require the department to operate and maintain a program for firearms instructor trainers and firearms instructors for the concealed deadly weapon training program. KRS 15A.070(5) authorizes the commissioner to promulgate administrative regulations. This administrative regulation establishes the training required for certification as a firearms instructor or firearms instructor trainer.
History: 23 Ky.R. 1286; Am. 1588; eff. 9-17-1996; 29 Ky.R. 1872, 2278; eff. 3-19-2003; 33 Ky.R. 533; 1078; eff. 11-3-2006; 48 Ky.R. 1352, 2071; eff. 4-5-2022.

503 KAR 4:060 Reporting test scores and issuing certificates of completion {#sec-503-kar-4-060 omnilex-key=us-ky-regs-official--title-503--503 KAR 4:060}

Section 1. Within five (5) working days after the completion of the course, a certified firearms instructor shall:

(1) Grade the examinations; and

(2) Mail or deliver to the department:

(a) The completed "Applicant Request for Training License to Carry Concealed Deadly Weapons", Form #126, incorporated by reference in 503 KAR 4:050, showing the student's score on the written examination and indicating whether the student passed or failed the range work; and

(b) The graded examinations.

Section 2. Within fifteen (15) days after receipt of the material specified in Section 1 of this administrative regulation, the department shall mail to an applicant:

(1) A certificate of successful course completion; or

(2) A notice that the applicant has failed the:

(a) Course and will not be certified; and

(b) Written examination, the range firing, or both, as appropriate.

Section 3. A student shall be issued a certificate of completion if he has:

(1) Answered at least seventy (70) percent of the written examination questions correctly; and

(2) Achieved a grade of "passing" on the range work.

Section 4.

(1) A student who scored below seventy (70) percent on the written examination may retake the examination one (1) time without having to retake the course.

(2) A student who has not passed the range work may repeat the range work one (1) time without having to retake the course.

History

RELATES TO: KRS 237.110, 237.124
STATUTORY AUTHORITY: KRS 237.124
NECESSITY, FUNCTION, AND CONFORMITY: KRS 237.124 requires the department to promulgate administrative regulations concerning the operation of a program for the training of applicants for a concealed deadly weapons license. This administrative regulation establishes the requirements for reporting test scores to the department and the issuance of a certificate of successful completion of the course.
History: 23 Ky.R. 1290; Am. 1590; eff. 9-17-96; 29 Ky.R. 1875, 2280; eff. 3-19-03; Crt eff. 2-25-2020.

Chapter 5 Law Enforcement Foundation Program Fund

503 KAR 5:080 Definitions for 503 KAR Chapter 5 {#sec-503-kar-5-080 omnilex-key=us-ky-regs-official--title-503--503 KAR 5:080}

Section 1. Definitions.

(1) "Cabinet" means the Justice and Public Safety Cabinet.

(2) "Council" means the Kentucky Law Enforcement Council as established in KRS 15.315.

(3) "Fund" means the Law Enforcement Foundation Program Fund of the Kentucky Justice Cabinet as established in KRS 15.430.

(4) "Fund administrator" means the person responsible for administering the fund pursuant to KRS 15.450(1).

(5) "Local unit" has the same meaning as "unit of government" as defined by KRS 15.420(5).

(6) "Police officer" is defined by KRS 15.420(2).

(7) "Salary supplement" means the fund money disbursed by a local unit of government to an individual police officer.

(8) "Salary supplement funds" means money disbursed from the fund to local units of government for salary supplement purposes.

(9) "Secretary" means the secretary of the Justice and Public Safety Cabinet.

History

RELATES TO: KRS 15.410 - 15.510
STATUTORY AUTHORITY: KRS 15.450(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15.430 establishes the Law Enforcement Foundation Program Fund. KRS 15.450(1) authorizes the secretary or the secretary's designee to promulgate administrative regulations necessary to carry out KRS 15.410 through 15.510. This administrative regulation establishes definitions for 503 KAR Chapter 5, which pertains to the Law Enforcement Program Foundation Fund.
History: 11 Ky.R. 1545; Am. 1778; eff. 5-14-1985; 48 Ky.R. 1355, 2074; eff. 4-5-2022.

503 KAR 5:090 Participation: requirements; application; withdrawal {#sec-503-kar-5-090 omnilex-key=us-ky-regs-official--title-503--503 KAR 5:090}

Section 1. Education Requirements.

(1) To demonstrate that an officer has completed the education requirement found in KRS 15.440(1)(c), the local unit shall send to the fund administrator:

(a) A copy of the high school diploma issued or recognized by the state department of education; or

(b) A copy of a General Educational Development (GED) certificate issued by a state department of education.

(2) A police officer who was "grandfathered" into the fund without having to meet the educational requirement found in KRS 15.440(1)(c), who subsequently experiences a separation of employment as a police officer, may regain eligibility to participate in the fund:

(a) Upon reemployment as a police officer by a local unit which is participating in the fund, and completion of the educational requirement found in KRS 15.440(1)(c), if the separation was a result of resignation or dismissal; or

(b) Without completion of the educational requirement found in KRS 15.440(1)(c) if the police officer:

Retired pursuant to KRS 61.637; and
Is reemployed as a police officer with the same agency no later than twelve (12) months from the initial retirement date.

Section 2. Basic Training Requirement.

(1) Time limit.

(a) A local unit that elects to participate in the fund shall require all police officers employed as of the date of the initial participation to demonstrate compliance with the basic training requirement within one (1) year of the date of initial participation. An officer employed after the date of the initial participation shall demonstrate compliance by completing the basic training requirement within one (1) year of the date of employment.

(b) If extenuating circumstances occur that are beyond the control of an officer, including serious injury or illness, personal tragedy, or agency emergency, the local unit may request an extension of time in which the officer shall complete basic training. The agency shall request an extension, in writing, not less than thirty (30) days prior to expiration of the one (1) year time limit as established in subsection (1)(a) of this section. The extension of time to be granted shall not exceed 180 days.

An officer fails to complete training during the one (1) year period and has not experienced an extenuating circumstance; or
An officer fails to complete training prior to expiration of a time extension based upon an extenuating circumstance.

(2) Compliance. A police officer shall demonstrate completion of the basic training requirement by:

(a) If the officer has never completed basic training, the officer shall successfully complete:

The Department of Criminal Justice Training 800 hour basic training course; or
A basic training course approved and recognized by the council which consists of a minimum of 800 hours with a course content equivalent to the Department of Criminal Justice Training 800 hour basic training course;

(b) If the officer has successfully completed a Department of Criminal Justice Training basic training course, or another council-approved and recognized basic training course, additional basic training shall not be required if he has:

Been continuously employed as a police officer since the completion of that basic training; or
Experienced a separation of employment as a police officer for no more than twelve (12) months prior to his present eligibility to participate in the fund;

(c) If the officer has successfully completed a Department of Criminal Justice Training basic training course, or another council-approved and recognized basic training course; and has experienced a separation of employment as a police officer for more than twelve (12) months but less than thirty-six (36) months prior to his present eligibility to participate in the fund, he shall successfully complete the following Department of Criminal Justice Training courses:

The twenty-four (24) hour legal update: Penal Code course; and
The sixteen (16) hour legal update: Constitutional Procedure course; or

(d) If the officer has successfully completed a Department of Criminal Justice Training basic training course, or another council-approved and recognized basic training course, and experienced a separation of employment as a police officer for more than thirty-six (36) months prior to his present eligibility to participate in the fund, he shall successfully complete the following Department of Criminal Justice Training courses:

The twenty-four (24) hour legal update: Penal Code course;
The sixteen (16) hour legal update: Constitutional Procedure course; and
One (1) of the following forty (40) hour courses which is most appropriate for the officer's duty assignment as determined by the fund administrator:

a. Basic officer skills; or

b. Orientation for new police chiefs.

(3) If calculating the total number of months of separation and service described in subsection (2)(c) and (d) of this section:

(a) Calculation shall begin effective the first date employed as a police officer and shall include all subsequent months.

(b) For the first or last month of a continuous period of employment or separation:

If the number of days of service for a specific month is less than the maximum possible number of regular service days for that month, the officer shall receive credit for a full month of service;
If the number of days of separation for a specific month is less than the maximum possible number of regular service days for that month, the month shall not be calculated as a month of separation.

(4) A police officer that is required to meet the requirements of subsection (2)(c) or (d) of this section, shall not be:

(a) Eligible to participate in the fund until meeting those requirements; or

(b) Entitled to back payment of funds from their original hire date.

(5) A police officer who has never completed basic training and is not eligible to be "grandfathered" into the fund shall not be:

(a) Eligible to participate in the fund until completing the basic training requirement in subsection (2)(a) of this section; or

(b) Entitled to back payment of funds from their original hire date.

(6) A police officer who was "grandfathered" into the fund without having to meet the basic training requirement found in KRS 15.440(1)(d), shall not be required to demonstrate compliance with the basic training requirement to regain eligibility to participate in the fund if the police officer:

(a) Retired pursuant to KRS 61.637; and

(b) Is reemployed as a police officer with the same agency no later than twelve (12) months from the initial retirement date.

Section 3. In-service Training Requirement.

(1) A local unit that elects to participate in the fund shall:

(a) Require all police officers employed as of the date of initial participation, and all officers employed after the date of initial participation, to successfully complete the forty (40) hour in-service training requirement each calendar year; and

(b) Not be considered to be in violation of this paragraph if an officer's failure to meet the in-service training requirement in a calendar year is due to an extenuating circumstance including serious injury or illness, personal tragedy, or agency emergency.

(2) An officer meeting the requirements of subsection (1)(b) of this section shall be required to meet the in-service training requirement within a reasonable time as determined by the fund administrator or his designee. The reasonable time shall not exceed 180 days from the termination of the extenuating circumstance.

(3) If an officer, under circumstances that are not extenuating, fails to successfully complete forty (40) hours of in-service training in a calendar year:

(a) The fund administrator or his designee shall notify the local unit that the officer must complete the in-service training for the year of delinquency within a reasonable time, but not to exceed 180 days, as determined by the fund administrator or his designee, or else the local unit, if it continues to employ the officer full time, shall be in violation of this paragraph and shall lose its eligibility to participate in the fund; and

(b) He shall not:

Receive a salary supplement until he makes up the in-service training for the year of delinquency; and
Be entitled to receive back pay supplement for the period of nonpayment caused by the delinquency in training.

(4)

(a) A police officer who successfully completes a basic training course approved and recognized by the council shall be considered to have fulfilled the in-service training requirement for the calendar year in which the basic training is completed when that completion occurs in the calendar year of the present application for participation in the fund.

(b) An officer who demonstrates compliance with the basic training requirement by completion of a course approved and recognized by the council prior to the calendar year of the present application for participation in the fund, shall complete a forty (40) hour in-service training course for that calendar year in order to remain eligible to participate in the fund.

(c) Earned in-service training hours in excess of the mandatory forty (40) hours per year shall not be carried forward to subsequent calendar years.

(5) If a police officer who is qualified to participate in the fund has his police service terminated due to resignation or dismissal before he meets his in-service training requirement for the calendar year, he shall still be eligible to participate in the fund for that part of the calendar year during which he was employed as a police officer.

(6)

(a) Except for courses as authorized in paragraph (b) of this subsection, a police officer shall not, for fund eligibility purposes, take the same in-service training course that he has successfully completed in a previous year for fund eligibility purposes unless at least three (3) years have passed since the earlier course was completed.

(b) A police officer may repeat in-service training courses providing instruction in diminishable skills that the officer has successfully completed in the previous year up to a maximum of sixteen (16) hours as specified in each of the following training areas:

Four (4) hours of a course or courses in driver training, including techniques, operational principles, and legal considerations necessary for enhancement of driving skills for law enforcement officers;
Four (4) hours of a course or courses in firearms training, including tactical situations, marksmanship, and legal considerations necessary to enhance the skills of law enforcement officers in firearms use;
At least one (1) hour, but no more than eight (8) hours, in a course or courses in law enforcement legal update training that shall include training on recent federal and state legislation and regulations, issuance and development of recent case law, and basic legal consideration impacting law enforcement officers in the exercise of their peace officer powers; and
No more than seven (7) hours in a course or courses in tactical law enforcement training that may include self-defense techniques, administration of first aid, active shooter tactics and techniques, and de-escalation techniques.

Section 4. Local Ordinance Requirement.

(1) To be eligible to participate in the fund, a local unit shall enact an ordinance or resolution requiring the local unit and police department to comply with KRS 15.410 to 15.510 and with 503 KAR Chapter 5.

(2) A certified copy of this local ordinance or resolution shall be submitted by the local unit to the fund administrator along with the application for participation in the fund.

(3) If the local unit has withdrawn from, or lost eligibility to participate in the fund, the previously enacted local ordinance or resolution shall no longer be recognized by the fund administrator, and a new ordinance or resolution shall be submitted with a new application for participation in the fund.

Section 5. Application. A local unit desiring to apply for admission to the fund shall submit an Application for Police Training Incentive form to the fund administrator.

Section 6. Withdrawal.

(1) To withdraw from the fund, a local unit shall send a written notice of withdrawal to the fund administrator.

(2) The fund administrator or his designee shall acknowledge in writing the receipt of the withdrawal notice.

(3) The withdrawal shall be effective as of the date the withdrawal notice is received by the fund administrator.

(4) Upon withdrawal, a local unit shall return all salary supplement funds received from the fund for which its police officers have not yet become qualified.

Section 7. Audits.

(1) A participating agency shall comply with audits if requested by the fund administrator's designee, to demonstrate compliance with 503 KAR Chapter 5.

(2) The audit shall include examination of records of police officer training attendance, and payroll and KLEFPF records.

Section 8. Incorporation by Reference.

(1) The "Application for Police Training Incentive", Form KLEFPF-1, 10/16, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Criminal Justice Training, Funderburk Building, 521 Lancaster Avenue, Richmond, Kentucky 40475-3102, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 15.440, 15.450
STATUTORY AUTHORITY: KRS 15.450(1), 15.440(1)(d)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15.450(1) authorizes the Secretary of the Justice and Public Safety Cabinet or his designated representative to promulgate administrative regulations necessary to the administration of the Kentucky Law Enforcement Foundation Program Fund. This administrative regulation establishes the requirements for application to, participation in, and withdrawal from the fund, and conforms to the training requirements established by the Kentucky Law Enforcement Council pursuant to KRS 15.330(1)(f) and (h).
History: 503 KAR 005:090. 11 Ky.R. 1546; eff. 5-14-1985; 12 Ky.R. 1629; 1834; eff. 5-6-1986; 16 Ky.R. 1986; eff. 5-13-1990; 26 Ky.R. 1205; eff. 2-14-2000; 28 Ky.R. 143; eff. 9-10-2001; 29 Ky.R. 2347; 2670; eff. 5-15-2003; 43 Ky.R. 446, 682; eff. 12-2-2016; 45 Ky.R. 2637; eff. 10-5-2018; Crt to Am; filing deadline 4-1-2027.

503 KAR 5:100 Disbursement of salary supplement funds; audits {#sec-503-kar-5-100 omnilex-key=us-ky-regs-official--title-503--503 KAR 5:100}

Section 1. Disbursement Procedures.

(1) A participating local unit shall submit to the fund administrator, within five (5) working days of the action, personnel action forms containing the information (such as hirings and firings) needed by the fund administrator or his designee to determine the amount of salary supplement funds to be disbursed to the local unit.

(2) The fund administrator or his designee shall mail fund checks promptly to all eligible local units that have submitted timely personnel action forms.

(3) The local unit shall, upon request from the fund administrator, provide an acknowledgement of receipt of funds in a written correspondence signed by the agency that includes:

(a) The local agency name, month of roster report, check amount, and number of current officers; and

(b) A statement that indicates that:

The local agency has reviewed the fund roster for the current month and agrees that the officer status and pay stipend information accurately reflects the agency's most current records in accordance with 503 KAR 5:100, Disbursement of salary supplement funds; audits; and
If he or she has received the roster but is not the individual responsible for verifying this information, he or she will contact the fund office (859-622-2224) as soon as possible.

Section 2. Disbursement from Local Unit to Police Officer.

(1) Qualifications for receiving a salary supplement. To receive a salary supplement from a local unit, a person shall be:

(a) A police officer; and

(b) Employed by a local unit of government that is eligible to participate in the fund pursuant to KRS 15.440 and 503 KAR 5:090.

(2) Determining the amount of the salary supplement.

(a) A police officer's salary supplement shall be determined on a monthly basis. If an officer works less than a full month, his salary supplement shall be determined on an hourly basis. The hourly rate shall be determined by dividing the annual supplement by 2,080 (fifty-two (52) weeks multiplied by forty (40) hours per week)..]

(b) Salary, for salary supplement purposes, shall include pay for leave (such as annual, sick, compensatory, military, civil or educational leave). Leave without pay shall not be included.

(c) A police officer shall be paid a salary supplement while suspended from duty with pay, but shall not be paid one while suspended without pay.

(d) A police officer shall not be paid a salary supplement for pay for overtime work (hours over forty (40) per week).

(e) A police officer, if qualified to participate in the fund during the period, shall be paid a salary supplement for that period of time during which he is not receiving a salary but is receiving workers' compensation benefits. This salary supplement shall be determined at the same monthly rate and, if a time period of less than a month is involved, hourly rate as is provided for in paragraph (a) of this subsection.

(f) The local unit shall keep hourly employment records to document:

That a police officer is full time and thus qualifies for a salary supplement; and
The salaried hours (such as work, leave with pay, and suspension with pay) of each officer receiving a salary supplement.

Section 3. Audit of Local Unit.

(1) The cabinet may audit, or authorize an audit of, local units receiving salary supplement funds.

(2) For audit purposes, the local unit shall maintain accurate financial records, which shall include books of original entry, source documents supporting accounting transactions, a general ledger, subsidiary ledgers, personnel and payroll records, cancelled checks, and related documents and records.

(3) These records shall be retained by the local unit until destruction is authorized by the cabinet.

History

RELATES TO: KRS 15.440, 15.460, 15.470, 15.480, 15.490, 15.500(1)
STATUTORY AUTHORITY: KRS 15.450(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15.460, 15.470, 15.490, and 15.500(1) establish disbursement, reporting, and recordkeeping requirements for the Law Enforcement Foundation Program Fund. KRS 15.450(1) authorizes the secretary or the secretary's designee to promulgate administrative regulations necessary to carry out KRS 15.410 through 15.510. This administrative regulation establishes procedures to implement those requirements.
History: 11 Ky.R. 1548; Am. 1779; eff. 5-14-1985; 48 Ky.R. 1357, 2074; eff. 4-5-2022.

503 KAR 5:110 Suspension or termination of salary supplement funds; criminal penalties {#sec-503-kar-5-110 omnilex-key=us-ky-regs-official--title-503--503 KAR 5:110}

Section 1. Suspension or Termination of Salary Supplement Funds.

(1) Under KRS 15.450(2), the secretary or his designated representative shall have the authority to withhold or terminate the disbursement of salary supplement funds to any local unit that fails to comply with the requirements of KRS 15.410 to 15.510 or these administrative regulations.

(2) Suspension or termination of salary supplement funds and the return of all funds involved may also result from a local unit knowingly furnishing false information required by KRS 15.410 to 15.510 or these administrative regulations.

Section 2. Criminal Penalties. KRS 15.990 provides that any person who knowingly or willfully makes any false or fraudulent statement or representation in any record, report, or application to the council, department, or other agency of the cabinet under KRS 15.410 to 15.510 shall be fined not less than $100 nor more than $500, or imprisoned for not less than thirty (30) days nor more than ninety (90) days, or both. This statute may be used to prosecute a police chief, mayor, city manager, city clerk or anyone else who fraudulently receives, or attempts to receive, salary supplement funds for a local unit.

History

RELATES TO: KRS 15.450(2), 15.990
STATUTORY AUTHORITY: KRS 15.450(1)
NECESSITY, FUNCTION, AND CONFORMITY: This administrative regulation expands on the suspension or termination authority given the Justice Secretary by KRS 15.450(2) and on the criminal penalties provided by KRS 15.990 for fraudulent activity in regard to the Law Enforcement Foundation Program Fund.
History: 11 Ky.R. 1550; Am. 1780; eff. 5-14-85; Crt eff. 2-25-2020.

503 KAR 5:120 Review of fund administrator's decisions; appeal to circuit court {#sec-503-kar-5-120 omnilex-key=us-ky-regs-official--title-503--503 KAR 5:120}

Section 1. Administrative Review. A person or a local unit adversely affected by a decision of the secretary's designated fund administrator or his designee made pursuant to administration of the provisions of KRS 15.410 to 15.510 and these administrative regulations shall have the right to ask the secretary to review the decision. A request for a hearing shall be filed in writing with the secretary within thirty (30) days of receipt of written notification of the decision by the fund administrator or his designee. The secretary shall, within thirty (30) days of receipt of the request, decide if the request merits a hearing. If it is determined there are insufficient grounds for a hearing, the secretary shall notify the person or local unit in writing that the request has been denied. If a hearing is to be held, the secretary shall designate the time and place. The hearing shall be held within ninety (90) days of receipt of the request for a hearing, and it shall be conducted by the secretary or his designated hearing officer. If a hearing officer conducts the hearing, he shall submit findings of fact, conclusions of law and a recommended decision to the secretary. At the hearing, all parties to the controversy have the right to be heard publicly and to be represented by counsel, and all testimony shall be recorded. Within sixty (60) days following the hearing, the secretary shall issue a written opinion, a copy of which shall be provided to all parties. The decision of the secretary shall be final unless appealed into the court system.

Section 2. Appeal to Circuit Court. A person or local unit adversely affected by a decision of the secretary resulting from a hearing provided for in Section 1 of this administrative regulation, or by a decision of the secretary to deny a request for such a hearing, or by a decision of the secretary made pursuant to administration of the provisions of KRS 15.410 to 15.510 and these administrative regulations, shall have the right to appeal the secretary's decision to the circuit court of the county where the controversy originated.

History

RELATES TO: KRS 15.410-15.510
STATUTORY AUTHORITY: KRS 15.450(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15.510 provides for appeal to circuit court from a cabinet decision to withhold or terminate fund payments to local units. This administrative regulation expands on the appeal procedure and, in order to resolve potential court actions, establishes a procedure for administrative review of decisions made by the secretary's designated fund administrator or his designee.
History: 11 Ky.R. 1550; eff. 5-14-85; Crt eff. 2-25-2020.

503 KAR 5:130 Base salaries and undue hardship {#sec-503-kar-5-130 omnilex-key=us-ky-regs-official--title-503--503 KAR 5:130}

Section 1. Definitions.

(1) For purposes of this administrative regulation the term "base salary" shall mean the gross total salary, excluding overtime, that is subject to federal and state withholding tax of a regular full-time police officer but shall not include any monetary or nonmonetary benefits paid or provided by the employer over and above the total gross salary.

(2) For purposes of this administrative regulation the term "undue financial hardship" means the expenditure of additional financial funds by the city, the urban county or charter county government, referred to in this administrative regulation as governmental unit, with regular police departments of ten (10) or fewer officers that require the governmental unit to pay actual funds for replacement officers during the specific training required by KRS 95.960.

Section 2. The actual funds expended shall be over and above the budgeted resources of the governmental unit based on the actual revenue available to the governmental unit. In order to determine if the governmental unit falls under this category, the Justice Cabinet shall request: the actual approved budget of the governmental unit for that current and the preceding year, the number of officers and the timing of each officer's training for the current and preceding year, the actual revenue receipts of the governmental unit for that current and the preceding year, and a detailed explanation of why the governmental unit cannot meet the cost of providing the training. In no event shall any actual funds be paid out until the Justice Cabinet has acquired documented costs of reimbursement of the actual extra funds expended by the governmental unit in order to comply with the requirements of KRS 95.960.

History

RELATES TO: KRS 95.960
STATUTORY AUTHORITY: KRS 95.960
NECESSITY, FUNCTION, AND CONFORMITY: KRS 95.960 requires the Justice Cabinet to reimburse cities, urban counties, or charter counties with ten (10) or fewer police officers for their base salaries while the officers are in training if the governmental unit can show undue hardship. This administrative regulation defines "base salaries" and "undue hardship."
History: 19 Ky.R. 2756; Am. 20 Ky.R. 307; eff. 8-6-93; Crt eff. 2-25-2020.

503 KAR 5:140 Law Enforcement Professional Development and Wellness Program {#sec-503-kar-5-140 omnilex-key=us-ky-regs-official--title-503--503 KAR 5:140}

Section 1. Definitions.

(1) "Critical incident" is defined by KRS 15.518(9)(a).

(2) "Culmination of events" means repeated exposure to critical incidents or other traumatic events.

(3) "EMDR" means eye movement desensitization and reprocessing.

(4) "KYPCIS" means a post-critical incident seminar offered as required by KRS 15.518 by the department Law Enforcement Professional Development and Wellness Program structured to provide officer or telecommunicator personnel the knowledge and support to mitigate exposure to stress, promote recovery, and build resilience following exposure to a critical incident or culmination of events.

(5) "KYPCIS peer" means a current or former officer or telecommunicator that meets the requirements contained in Section 3 of this administrative regulation.

(6) "Law enforcement officer" or "officer" is defined by KRS 15.310(9).

(7) "Spouse" or "significant other" means a:

(a) Person legally married to the officer or telecommunicator KYPCIS participant;

(b) Person engaged to marry the officer or telecommunicator KYPCIS participant;

(d) Relative or friend of the officer or telecommunicator KYPCIS participant as designated by the KYPCIS participant.

(8) "Telecommunicator" is defined by KRS 15.530(4).

Section 2. Qualifications and Duties of the Clinical Program Director.

(1) The Law Enforcement Professional Development and Wellness Program shall be administered by a mental health professional with the following minimum qualifications:

(a) Master's degree in:

Mental health counseling;
Marriage and family therapy;
Psychology; or
Social work;

(b) Be an advanced practice registered nurse certified in a psychiatric mental health population focus; or

Except the mental health professional shall not be required to be currently employed by a hospital as required by KRS 202A.011(13) (d), (f), or (g); and
Excluding KRS 202A.011(13) (a), (b), (d), and (h);

(d) A minimum of three (3) years of professional experience in their field:

Diagnosing mental health issues;
Providing mental health counseling for individuals or groups; or
Developing, researching, planning, teaching, or analyzing mental health issues;

(e) Trained in EMDR therapy by an Eye Movement Desensitization and Reprocessing International Association (EMDRIA) approved trainer;

(f) A minimum of three (3) years of EMDR use in client therapy;

(g) Licensed in Kentucky in their field within ninety (90) days of appointment as the clinical program director;

(h) Become certified as an instructor or receive a waiver from the Kentucky Law Enforcement Council pursuant to 503 KAR 1:100 within twelve (12) months of employment as the clinical program director; and

(i) Maintain any required license, certification, liability insurance, or other credential for the length of employment as the clinical program director.

(2) Duties of clinical program director include:

(a) Develop strategies to assist department executive staff in implementing changes in training and policy;

(b) Conduct, supervise, and analyze research for policy development from within state government and national sources;

(d) Serve as point of contact and initiate and direct research and analysis performed by outside consultants, universities, and other data sources;

(e) Evaluate print and electronic media for applicable information from which department planning and training is based;

(f) Serve as a resource for updating current trends and actions by other governmental and law enforcement agencies relating to mental health and professional development;

(g) Attend meetings with department executive staff and outside organizations as a representative of the department;

(h) Work with individuals, families, or groups to assist in the diagnosis, treatment, and management of mental health problems such as post-traumatic stress disorder, depression, grief, and anxiety;

(i) Identify mental health professionals, maintain an active directory for referral, and provide training to mental health professionals for work with officers and telecommunicators; and

(j) Other duties as assigned.

Section 3. A KYPCIS peer shall meet the following requirements:

(1) Attend to completion at least one (1) KYPCIS as a participant;

(2) Complete stress management peer support training offered by the department;

(3) Attend to completion at least two (2) KYPCISs as a peer-in-training; and

(4) Have experience as an officer, telecommunicator, or spouse of an officer or telecommunicator.

Section 4. KYPCIS Curriculum, Programming, Seminar Type, and Treatment Modalities.

(1) A KYPCIS shall last a minimum of twenty-four (24) hours, conducted over more than one (1) day, and offer participant training including:

(a) Stress and trauma;

(b) Coping;

(d) Building and maintaining healthy relationships.

(2) Treatment modalities may include:

(a) Group discussions guided by a mental health professional;

(b) Small group discussions facilitated by KYPCIS peers; and

(c) One-on-one sessions conducted by a mental health professional with a KYPCIS participant to discuss individual needs and determine if the participant is a candidate for specific therapies.

(3) Discussions may include:

(a) The body's response to stress;

(b) Grief;

(d) Medications; and

(e) Stress management.

Section 5. Program Participation and Eligibility Requirements.

(1) An officer or telecommunicator in Kentucky may be considered for participation in a KYPCIS if the individual has experienced a critical incident or culmination of events.

(2) Consideration shall be given to the following factors in determining an officer or telecommunicator's eligibility to participate in a KYPCIS:

(a) KYPCIS capacity;

(b) Symptom presentation of the applicant officer or telecommunicator resulting from a critical incident or culmination of events; and

(3) A spouse or significant other of an officer or telecommunicator KYPCIS participant may be considered for participation in a KYPCIS as capacity allows.

(4) An officer or telecommunicator or the spouse or significant other of an officer or telecommunicator may apply to attend a KYPCIS. An applicant shall complete the application available on the KYPCIS website at https://www.kypcis.com/, which shall include the following:

(a) Applicant's name;

(b) The officer or telecommunicator's:

Name, if the applicant is a spouse or significant other of the officer or telecommunicator;
Employing law enforcement agency;
Work and home address;
Email address;
Telephone number;
Critical incident experienced including:

a. Line of duty death;

b. Event involving a juvenile;

c. Culmination of events;

d. Officer involved shooting; and

e. Other;

Requested KYPCIS date;
Status as one (1) of the following:

a. Current officer;

b. Retired officer;

c. Current telecommunicator; or

d. Retired telecommunicator; and

The name of the officer or telecommunicator with whom the spouse or significant other will be attending; and
The spouse or significant other's:

a. Name;

b. Work and home address;

c. Email address; and

d. Telephone number.

Section 6. KYPCIS Attendance by Officers or Telecommunicators from Other States. Eligibility for KYPCIS attendance by an out-of-state officer or telecommunicators shall be:

(1) Considered based on the eligibility factors in Section 5 of this administrative regulation; and

(2) Based on KYPCIS capacity as set forth by KRS 15.518(5).

Section 7. Reciprocity for Interagency Assistance with Other State, Federal, and Tribal Law Enforcement Agencies and Officers in Administering the Law Enforcement Professional Development and Wellness Program. The department may assist other agencies in the development of a post-critical incident seminar program or accept assistance from other agencies in the development or completion of a KYPCIS upon prior approval from the commissioner or designee.

Section 8. Confidentiality. Information, including any peer support communication as defined in KRS 65.1591(1)(a), disclosed during a KYPCIS shall remain confidential and privileged as set out by KRS 15.518(7) and 65.1591.

History

RELATES TO: KRS 15.310, 15.518, 65.1591, 202A.011
STATUTORY AUTHORITY: KRS 15.518(6)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15.518(6) requires the Department of Criminal Justice Training to promulgate administrative regulations to address the minimum qualifications and duties of any person who administers the Law Enforcement Professional Development and Wellness Program; the curriculum, programming, seminar type, and treatment modalities used in the program; the extent to which a participant's relatives or friends may participate in seminars; the standards by which officers from other states may be accepted into the program by the commissioner; and a protocol for establishing reciprocity for interagency assistance with other state, federal, and tribal law enforcement agencies and officers in administering the program. This administrative regulation establishes the standards and procedures for the Law Enforcement Professional Development and Wellness Program.
History: 503 KAR 005:140. 52 Ky.R. 517, 966; eff. 3-3-2026.

Chapter 7 Office of State School Security Marshal

503 KAR 7:010 On-site review of school security risk assessments and written approval of local board of education's noncompliance with KRS 158.4414(2) {#sec-503-kar-7-010 omnilex-key=us-ky-regs-official--title-503--503 KAR 7:010}

Section 1. Definitions.

(1) "Compliance officer" means the person assigned by the OSSSM to conduct an on-site review for risk assessment of a school campus.

(2) "Office of the State School Security Marshal" or "OSSSM" means the office established by KRS 158.4410(1) that is managed by the State School Security Marshal.

(3) "School campus" means all areas, including school buildings where instruction and school activities take place during the regular school day, and properties adjacent to the buildings, that are under the control of the school district and accessible to students during the school day, including the following:

(a) A single building located on real property owned or leased by a school district for instruction to students and school activities during the regular school day on a continuous basis, including extracurricular activities; or

(b) Two or more school buildings located on real property owned or leased by a school district to deliver instruction to students on a continuous basis or conduct extracurricular activities.

(4) "School resource officer" or "SRO" is defined by KRS 158.441(5).

(5) "School safety coordinator" or "SSC" means a district employee appointed by the local school district superintendent to serve as the school district's school safety coordinator and primary point of contact for public school safety and security functions.

(6) "School security risk assessment tool" means the assessment tool developed by the State School Security Marshal pursuant to KRS 158.4410(5), approved by the board of directors for the Center for School Safety pursuant to KRS 158.443(9)(b), and incorporated by reference in 702 KAR 1:180.

(7) "State School Security Marshal" or "SSSM" means the person appointed by the commissioner of the Department of Criminal Justice Training pursuant to KRS 158.4410(3) who also acts as the manager of the OSSSM.

Section 2. OSSSM Review of Risk Assessment.

(1) The OSSSM shall assign a compliance officer to conduct an on-site review for risk assessment of the following:

(a) All school campuses of district operated schools on district owned or leased property under the administrative control of a principal or head teacher; and

(b) Any school campus of a district or state operated school on district owned or leased property with:

Career and technical education;
Special education program;
Preschool program; or
Alternative education program.

(2) The OSSSM shall consider the following factors in determining whether school buildings are a single school campus or multiple school campuses:

(a) Whether the buildings:

Are connected by a sidewalk or a parking lot;
Are within a reasonable walking distance of each other; or
Are not separated by a physical barrier, including a fence, wall, waterway, roadway, or other obstruction, that prevents ready access from one building to another; or

(b) Other indices that the buildings constitute a single school campus or multiple school campuses.

(3) The OSSSM shall maintain a list of school campuses based on subsections (1) and (2) of this section.

(4) If the school district disagrees with the designation of a school campus in its district, it may appeal the school campus decision to the OSSSM by sending a written objection with an explanation of why the buildings should be considered to be a single school campus or multiple school campuses to the OSSSM. The OSSSM:

(a) May request additional information from the school district;

(b) Shall consider the information provided by the school district;

(d) Shall provide a written decision to the appropriate SSC.

(5) The OSSSM may conduct training on the school security risk assessment tool and the School Safety and Resiliency Act for:

(a) Superintendents;

(b) District school safety coordinators;

(d) School resource officers; and

(e) Other trainings as necessary to enhance school safety.

Section 3. On-site Review of the School Security Risk Assessment Tool.

(1) An OSSSM compliance officer shall conduct an on-site review for risk assessment of a school campus.

(2) The on-site review visit shall be:

(a) Unannounced; and

(b) Conducted during the school day, but not be started within two (2) hours of the end of the school day.

(3) The compliance officer shall wear an issued or OSSSM approved uniform when conducting on site reviews.

(4) The compliance officer may stop the on-site review and assessment if the school does not cooperate with the on-site review and assessment process or circumvents the process. If the on-site review and assessment is stopped, the school campus shall be deemed out of compliance.

(5) After on-site review and completion of the assessment, the assessment shall be emailed to the appropriate district SSC. If required by the district, the SSC shall be responsible for forwarding the assessment to other district personnel.

Section 4. Closed and Locked-door Exemption for Risk Assessment.

(1) Closed and locked-door exemption applications located within the school security risk assessment tool shall be completed onsite, or upon request by the school for the exemption, by the assigned compliance officer and forwarded to the State School Security Marshal for review.

(2) Exemption determinations shall be made on a case-by-case basis. The basis for an exemption shall include the following:

(a) A physical mechanism does not exist to secure the room. Examples may include a gymnasium with multiple doors or an open-air classroom;

(b) The room is used as a hallway, walkway, pathway, or easement to access another part of the building and a less restrictive alternative does not exist for access;

(c)

Locking the door to the room would:

a. Violate an existing fire code;

b. Infringe upon an individual student's Individual Education Plan (IEP) if that student is physically present in the room; or

c. Violate the Americans with Disabilities Act (ADA); and

A less restrictive alternative for access is not available;

(d) Existing renovations or physical structure issues within the building make locking the doors to the room impracticable and a less restrictive alternative does not exist; or

(e) Other reasonable grounds exist to grant an exemption.

(3) Approved closed and locked-door exemptions shall be valid for the school year in which the exemption was granted and shall expire on the 30th day of June.

(4) On or before June 1 of each year, and prior to the expiration of an approved closed and locked-door exemption on June 30th, a new application for an exemption shall be completed if an exemption remains necessary for the upcoming school year.

(5) Closed and locked-door exemption applications shall be reviewed by the State School Security Marshal for approval or disapproval.

Section 5. Noncompliant School Campus.

(1) The OSSSM shall notify an SSC of the reasons for a finding of noncompliance.

(2) After being determined to be noncompliant, a school campus shall take steps to remediate the identified problems and notify the OSSSM upon completion of the remediation.

(3) A school campus determined to be noncompliant shall be reassessed a minimum of one (1) time within the current school year using the school security risk assessment tool.

Section 6. SSSM Written Approval for Local Board of Education Noncompliance with Assignment of an SRO to Each Campus in the Local School District as Required Pursuant to KRS 158.4414(2).

(1) When sufficient funds and qualified personnel are not available to allow an SRO to be assigned to and working on-site full-time at each campus in a local school district, the local board of education shall request in writing for written approval from the SSSM permitting the district's noncompliance with KRS 158.4414(2).

(a) To receive written approval from the SSSM, the local board of education shall aver, in writing, that sufficient funds and qualified personnel are not available to allow an SRO to be assigned to and working on-site full-time at each campus in the local school district.

(b) Upon receipt of a request for approval from a local board of education, the SSSM:

May request additional information or records from the local board of education;
Shall consider the local board of education's averment and other information, if any other information is requested by the SSSM;
Shall make a determination concerning the request; and
Shall provide a written approval or disapproval decision to the local board of education.

(2) The SSSM shall maintain a list of written approvals of requests granted pursuant to this section. The list shall be updated if the results of an on-site review of a risk assessment of a campus indicate an SRO has been assigned to and working on-site full-time at the campus.

Section 7. Commendation.

(1) The OSSSM may award a Certificate of Commendation to an individual, school, or district in recognition of an exemplary contribution to school safety within a school district or with statewide implications.

(2) A school or district may recommend an individual for this award by providing a written letter of recommendation to the OSSSM.

Section 8. Complaint Process.

(1) If the OSSSM receives a complaint regarding a school campus, OSSSM personnel, or other item related to the mission of the OSSSM, the process shall be as follows:

(a) An OSSSM supervisor shall review and require an investigation of the complaint; and

(b) The investigation shall be reviewed by the State School Security Marshal.

(2) After review by the State School Security Marshal:

(a) If the complaint is found to be substantiated and results in a school campus being out of compliance with KRS 158.4410(5) or KRS 158.162(3)(d), the OSSSM shall update the school's security risk assessment tool to reflect the school campus being out of compliance and notify the appropriate SSC; or

(b) If the complaint involves OSSSM personnel or other item related to the mission of the OSSSM, the State School Security Marshal shall send a written response to the complainant.

Section 9. Written submissions or notifications to the OSSSM. A written submission or notification to the State School Security Marshal or OSSSM shall be made by sending the writing to:

(1) 4449 Kit Carson Drive, Richmond, Kentucky 40475; or

(2) stateschoolmarshal@ky.gov.

History

RELATES TO: KRS 158.441, 158.4410, 158.4414, 158.443
STATUTORY AUTHORITY: KRS 15A.070(5), 15A.160, 158.4410
NECESSITY, FUNCTION, AND CONFORMITY: KRS 158.4410 requires the Office of the State School Security Marshal to monitor school safety and security initiatives, to conduct on-site reviews required for completion of the school security risk assessment tool incorporated by reference in 702 KAR 1:180, and to conduct school safety and security training. KRS 158.4414(2) requires a local board of education to obtain written approval from the State School Security Marshal if sufficient funds and qualified personnel are not available for assignment of a school resource officer to every campus in the district. KRS 15A.160 authorizes the secretary of the cabinet to adopt administrative regulations to administer the cabinet, and KRS 15A.070(5) authorizes the commissioner of the Department of Criminal Justice Training to promulgate administrative regulations. This administrative regulation establishes requirements for conducting on-site reviews for completion of the school security risk assessment tool, monitoring school safety, and conducting related training. This administrative regulation also establishes the written approval process if sufficient funds and qualified personnel are not available for assignment of a school resource officer to every campus.
History: 49 Ky.R. 957, 1424; eff. 4-4-2023.

Title 503 KAR — Justice and Public Safety Cabinet - Department of Criminal Justice Training

Chapter 1 Kentucky Law Enforcement Council

503 KAR 1:060 Definitions for 503 KAR Chapter 1 {#sec-503-kar-1-060 omnilex-key=us-ky-regs-official--title-503--503 KAR 1:060}

503 KAR 1:070 Training: qualifications; application {#sec-503-kar-1-070 omnilex-key=us-ky-regs-official--title-503--503 KAR 1:070}

503 KAR 1:080 Certification of schools {#sec-503-kar-1-080 omnilex-key=us-ky-regs-official--title-503--503 KAR 1:080}

503 KAR 1:090 Approval of course curriculums {#sec-503-kar-1-090 omnilex-key=us-ky-regs-official--title-503--503 KAR 1:090}

503 KAR 1:100 Certification of instructors {#sec-503-kar-1-100 omnilex-key=us-ky-regs-official--title-503--503 KAR 1:100}

503 KAR 1:110 Department of Criminal Justice Training basic training: graduation requirements; records {#sec-503-kar-1-110 omnilex-key=us-ky-regs-official--title-503--503 KAR 1:110}

503 KAR 1:120 Professional development in-service training: graduation requirements; recognized courses; records {#sec-503-kar-1-120 omnilex-key=us-ky-regs-official--title-503--503 KAR 1:120}

503 KAR 1:130 Review of council and school decisions; appeal to circuit court {#sec-503-kar-1-130 omnilex-key=us-ky-regs-official--title-503--503 KAR 1:130}

503 KAR 1:140 Peace officer, telecommunicator, and court security officer professional standards {#sec-503-kar-1-140 omnilex-key=us-ky-regs-official--title-503--503 KAR 1:140}

503 KAR 1:170 Career Development Program {#sec-503-kar-1-170 omnilex-key=us-ky-regs-official--title-503--503 KAR 1:170}

503 KAR 1:180 Firearms qualification for certified peace officers {#sec-503-kar-1-180 omnilex-key=us-ky-regs-official--title-503--503 KAR 1:180}

503 KAR 1:190 Certified Court Security Officers training academy {#sec-503-kar-1-190 omnilex-key=us-ky-regs-official--title-503--503 KAR 1:190}

Chapter 3 General Training Provision

503 KAR 3:005 Definitions for 503 KAR Chapter 3 {#sec-503-kar-3-005 omnilex-key=us-ky-regs-official--title-503--503 KAR 3:005}

503 KAR 3:010 Basic law enforcement training course recruit conduct requirements; procedures and penalties {#sec-503-kar-3-010 omnilex-key=us-ky-regs-official--title-503--503 KAR 3:010}

503 KAR 3:020 Law enforcement training course trainee requirements; misconduct; penalties; discipline procedures {#sec-503-kar-3-020 omnilex-key=us-ky-regs-official--title-503--503 KAR 3:020}

503 KAR 3:030 Training charges {#sec-503-kar-3-030 omnilex-key=us-ky-regs-official--title-503--503 KAR 3:030}

503 KAR 3:050 Telecommunications (Public Safety Dispatch) Academy graduation requirements; records {#sec-503-kar-3-050 omnilex-key=us-ky-regs-official--title-503--503 KAR 3:050}

503 KAR 3:110 Certified Court Security Officers academy trainee requirements; misconduct; penalties; discipline procedures {#sec-503-kar-3-110 omnilex-key=us-ky-regs-official--title-503--503 KAR 3:110}

503 KAR 3:130 Online Basic and In-Service Training {#sec-503-kar-3-130 omnilex-key=us-ky-regs-official--title-503--503 KAR 3:130}

503 KAR 3:140 Telecommunications (Public Safety Dispatch) Academy trainee requirements; misconduct; penalties; discipline procedures {#sec-503-kar-3-140 omnilex-key=us-ky-regs-official--title-503--503 KAR 3:140}

Chapter 4 Concealed Deadly Weapons

503 KAR 4:010 Definitions for 503 KAR Chapter 4 {#sec-503-kar-4-010 omnilex-key=us-ky-regs-official--title-503--503 KAR 4:010}

503 KAR 4:020 Teaching and advertising courses {#sec-503-kar-4-020 omnilex-key=us-ky-regs-official--title-503--503 KAR 4:020}

503 KAR 4:040 Required instructor training {#sec-503-kar-4-040 omnilex-key=us-ky-regs-official--title-503--503 KAR 4:040}

503 KAR 4:060 Reporting test scores and issuing certificates of completion {#sec-503-kar-4-060 omnilex-key=us-ky-regs-official--title-503--503 KAR 4:060}

Chapter 5 Law Enforcement Foundation Program Fund

503 KAR 5:080 Definitions for 503 KAR Chapter 5 {#sec-503-kar-5-080 omnilex-key=us-ky-regs-official--title-503--503 KAR 5:080}

503 KAR 5:090 Participation: requirements; application; withdrawal {#sec-503-kar-5-090 omnilex-key=us-ky-regs-official--title-503--503 KAR 5:090}

503 KAR 5:100 Disbursement of salary supplement funds; audits {#sec-503-kar-5-100 omnilex-key=us-ky-regs-official--title-503--503 KAR 5:100}

503 KAR 5:110 Suspension or termination of salary supplement funds; criminal penalties {#sec-503-kar-5-110 omnilex-key=us-ky-regs-official--title-503--503 KAR 5:110}

503 KAR 5:120 Review of fund administrator's decisions; appeal to circuit court {#sec-503-kar-5-120 omnilex-key=us-ky-regs-official--title-503--503 KAR 5:120}

503 KAR 5:130 Base salaries and undue hardship {#sec-503-kar-5-130 omnilex-key=us-ky-regs-official--title-503--503 KAR 5:130}

503 KAR 5:140 Law Enforcement Professional Development and Wellness Program {#sec-503-kar-5-140 omnilex-key=us-ky-regs-official--title-503--503 KAR 5:140}

Chapter 7 Office of State School Security Marshal

503 KAR 7:010 On-site review of school security risk assessments and written approval of local board of education's noncompliance with KRS 158.4414(2) {#sec-503-kar-7-010 omnilex-key=us-ky-regs-official--title-503--503 KAR 7:010}

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