Neb. Admin. Code tit. 79 — Law Enforcement - Police Standards Advisory Council

Chapter 1 Definitions

Neb. Admin. Code tit. 79, ch. 1 Definitions {#sec-79-nac-1 omnilex-key=us-ne-regs-official--title-79--79 NAC 1}

001 Purpose - To clarify the language and intent of the mandatory training statutes in terms contained in Rules and Regulations and Operating Instructions promulgated by the Commission

002 Scope - Applicable to Law Enforcement Certification Standards and Training

003 Reference - Neb. Rev. Stat. §81-1401 through 81-1414.19, 81-1438 through 81-1446, and 23-1701.01

004 General - The following terms and definitions will be utilized to clearly define the intent and meaning of training statutes in which they are used.

004.01 Academy: A training academy as defined by Neb. Rev. Stat. §81-1401, that offers basic law enforcement certification training as approved by the Council.

004.02 Accreditation: The process involving agency self-assessment, application and attestation, and oversight entity review and audit to determine if an agency meets certain defined law enforcement standards and best practices as established in 81-1414.18. Such status is valid for a set period of time and renewable upon an inspection and audit procedure established by the oversight entity.

004.03 Advanced Certificate: A document issued to an individual by the Council attesting that the person has met all of the requirements to practice law enforcement in the State at supervisory and management levels when appointed as a law enforcement officer.

004.04 Advanced Training: Mandatory training for each law enforcement officer who is promoted to or appointed to a supervisory, mid-management or management position.

004.05 Agency: An agency within the State that employs and appoints persons to serve as law enforcement officers as defined in Neb. Rev. Stat. §81-1401.

004.06 Agency Report of Officer Misconduct: A report filed pursuant to Neb. Rev. Stat. §81-1414.15. Also referred to as a 791 Report.

004.07 Appeal: The process to be followed by an individual or agency asking reconsideration of action taken by the Training Center Director or Council.

004.08 Appointment: The hiring of a law enforcement officer at any position within an agency, with a commensurate salary and title and the investing of authority to perform the law enforcement duties enumerated in Neb. Rev. Stat. §81-1401.

004.09 Basic Training: Mandatory training for newly appointed or elected law enforcement officers as required by Neb. Rev. Stat. §81-1414 and §23-1701.01, Sheriff’s Certification Course. The length and extent of the course will be established by the Council.

004.10 Certificate: A document issued to an individual by the Council attesting that the person has met all of the requirements to practice law enforcement in the State and is appointed as a law enforcement officer. This is also known as a license.

004.11 Certificate of Attendance: A document awarded to a person for attending an academy training course that does not require standards and testing for completion.

004.12 Certified Instructor: Shall An instructor who is certified by the Council to instruct at the Center or at other certified academies in the state.

004.13 Chairperson: The chairperson of the Nebraska Police Standards Advisory Council.

004.14 Code of Ethics: A standardized code of conduct approved by the Council that all law enforcement officers must sign to receive certification.

004.15 Commission: The Nebraska Commission on Law Enforcement and Criminal Justice.

004.16 Continuing Education: Annual mandatory education or training hours established by Neb. Rev §81-1414.07 or by the Council, required of an individual law enforcement officer to maintain certification.

004.17 Cooperative Certification Program: A cooperative program between schools and the Council in which students may attend an academy and complete basic training as a practicum and part of their degree program.

004.18 Council: The Nebraska Police Standards Advisory Council.

004.19 De-escalation training: Training to provide officers with strategies to calmly deal with people who are experiencing crisis.

004.20 Director: The Director of the Nebraska Law Enforcement Training Center

004.21 Direct Supervision: A fully certified officer is physically present at all times when a reserve officer performs law enforcement duties as outlined in Neb. Rev. Stat. §81-1438. For a noncertified conditional officer (NCO), direct supervision means that a field training officer is physically present when the NCO performs law enforcement duties as outlined in Neb. Rev. Stat §81-1414.

004.22 Diploma: A document awarded to a person by a director of the training academy for the successful completion of a law enforcement training course that incorporates standards and testing at that academy in the State.

004.23 Executive Director The Executive Director of the Nebraska Commission on Law Enforcement and Criminal Justice.

004.24 Extreme Hardship: Refers to situations where the officer cannot complete the mandated training due to factors beyond the control of either the officer or his/her employing agency and/or governing body. Cases of extreme hardship may include, but are not limited to, situations where the officer has suffered an injury or ailment which prevents the officer from successfully completing the mandated training, and situations where the officer is called to active military service which prevents the officer from successfully completing the mandated training.

004.25 Federal Law Enforcement Agency: An agency of the United States government that provides academy training courses for and appoints personnel as law enforcement officers at the federal government level.

004.26 Field Training Officer: A fully certified, active law enforcement officer who provides training and evaluation of newly appointed officers.

004.27 Good Cause: Justifiable grounds for the Council to provide an extension of employment as outlined in Neb. Rev. Stat. §81-1414.

004.28 Good Standing: refers to leaving a previous law enforcement agency’s employment not because of pending or final disciplinary actions or a documented performance issue(s).

004.29 Grandfather Clause: Shall refers to State Statutes 81-1414(1) and 23-1701.01. State Statute 81-1414(1) applies to law enforcement officers who were serving under permanent appointment prior to January 1, 1972, and who have been continuously employed by the same agency since January 1, 1972. State Statute 23-1701.01 applies to sheriffs only who were in officer prior to July, 1980.

004.30 Law Enforcement Officer: has the same meaning as a law enforcement officer as specified in Neb. Rev. Stat. §81-1401.

004.31 Law Enforcement Trainee: A person who is employed by a law enforcement agency, but not yet appointed as a law enforcement officer and does not interact with the public in a law enforcement capacity.

004.32 Management Position: The position occupied by the department or agency head (chief of police, sheriff, superintendent, director, etc.) or a person in charge of a division or unit of an agency which involves other employees and for which commensurate salary is authorized.

004.33 Misdemeanor conviction with a rational connection to the officer’s fitness or capacity to serve as a law enforcement officer: A misdemeanor criminal conviction, whether committed in this state or another jurisdiction, which occurred when the individual held a law enforcement officer certificate or license that involves dishonesty, lack of integrity or morals, sexual assault or contact, intimidation or harassment have a rational connection with the officer’s fitness or capacity to serve.

004.34 Noncertified Conditional Officer: A person who has not been awarded a certificate or diploma but has been appointed by the agency as a law enforcement officer according to Neb. Rev. Stat. §81-1401.

004.35 Patrol Rile: A rifle that is shoulder-mounted, magazine fed, semi-automatic, gas impingement or gas piston operated weapon.

004.36 Psychological Evaluation: Prior to being hired as a law enforcement officer, any non-Nebraska certified officer must undergo a psychological evaluation pursuant to Neb. Rev. Stat. §81-1414. 12. A Trainee must undergo a psychological evaluation prior to admission to an academy. The psychological evaluation will be the responsibility of the agency.

004.37 Pre-Certification Program: A cooperative program between schools and the Council in which a student completes a specific course of study through the school that makes the student eligible to attend an abbreviated basic training course at an academy.

004.38 Pre-Certification Test: A cognitive test administered by the Center to students who have attended a school and completed a course of study that covers specific learning objectives of the basic curriculum.

004.39 Promotion: The advancement of an officer up the chain of command with a commensurate salary adjustment and title, i.e., corporal, sergeant, lieutenant, captain, assistant chief, chief, etc.

004.40 Reciprocity Certification: Law enforcement certification issued by the Council to an officer, who has met all requirements of the Reciprocity program as outlined in Neb. Rev. §81-1414. 13 and all applicable rules and regulations in Title 79, Chapter 3 of Nebraska Administrative law.

004.41 Reserve Officer: Any person appointed as a member of a reserve force organized pursuant to Neb. Rev. Stat. §81-1438 through 81-1446.

004.42 Reserve Training: The approved training as established by the Nebraska Police Standards Advisory Council pursuant to Neb. Rev. Stat. §81-1439(1).

004.43 Revocation: The permanent withdrawal of an individual’s law enforcement certificate for violation of standards. Also referred to as decertification.

004.44 Sheriff’s Certification Course: Basic Training as identified in Neb. Rev. Stat. §81-1414(2) for all sheriffs whether appointed or elected after July 19, 1980, and as specified in 004.09.

004.45 Specialized Training: Training that is not mandatory but needed to develop specialized skills that will improve job performance.

004.46 Status: A certified officer’s current certification standing as outlined in Title 79, Chapter 4.

004.47 Supervisory Position: A position occupied by a person with lesser responsibility than a management position and who in the chain of command directly supervises subordinate officers or employees in their work performance and for which commensurate salaries are authorized.

004.48 Separation of Employment: The end of employment or service with an agency as a law enforcement officer either through removal, discharge, resignation, retirement, termination or otherwise

004.49 Training Center or Center: The Nebraska Law Enforcement Training Center.

004.50 Training School: A Training School as defined by Neb. Rev. Stat. §81-1401.

004.51 Tribal Law Enforcement Officer: Any law enforcement officer employed by a tribal government with lands in Nebraska who is responsible for the prevention and detection of crime or the enforcement of penal, traffic, or highway laws of the State or of the tribal nation thereof and is authorized to make arrests. The tribal officer’s authority to enforce the laws and make arrests is limited to the tribal boundaries of the employing tribal government.

004.52 Tribal Officer Certification Training: The Tribal Officer Certification Course as established by the Nebraska Police Standards Advisory Council.

004.53 Vice-Chairperson: The Vice-Chair of the Council. The Vice-Chair shall fulfill the duties of the Chairperson in the absence of the Chairperson.

004.54 Voluntary Surrender: A certified law enforcement officer that chooses not to contest the administrative revocation process and permanently relinquishes his/her law enforcement certificate(s)/license.

History

• Effective 2023-05-17

Chapter 2 Law Enforcement Records

Neb. Admin. Code tit. 79, ch. 2 Law Enforcement Records {#sec-79-nac-2 omnilex-key=us-ne-regs-official--title-79--79 NAC 2}

001 Purpose – To establish procedures for employing law enforcement officers and to identify records that are required by statute or rule and regulation that are essential for the Council and Director to fulfill their responsibilities.

002 Scope – Applicable to all agencies, agency heads and individuals responsible for employing, hiring, appointing, or promoting or the separation of employment of law enforcement officers in the State.

003 References – Neb. Rev. Stat. §81-1403, §81-1406, §81-1412, §81-1414, and Title 79, Chapters 8, 11 and 17.

004 General - The chairperson of the village board, the mayor or city manager of a city, the chief of police, the county board or commission, the sheriff, state agency administrators, or any other person responsible for employing, hiring, appointing, promoting or the separation of employment of a law enforcement officer will comply with this Rule and Regulation.

005 Procedure – The following records regarding law enforcement officers will be reported to the Center.

005.01 Personnel Change in Status Report

The Personnel Change in Status Report must be completed and submitted to the Director by mail within seven (7) calendar days of the change in employment status of a law enforcement officer. Failure to do so constitutes neglect of duty. Examples of employment changes requiring the submission of a change in status form include, but are not limited to: Hiring, Separation of employment, Change in rank and Name change.

005.02 Application for Admission

Agencies hiring a person as a law enforcement officer, supervisor or manager, who has not received law enforcement certification in the State of Nebraska must immediately make application to obtain Nebraska certification. The application will be completed in accordance with Title 79, Chapter 8.

005.03 Nebraska Law Enforcement Code of Ethics

All persons receiving initial law enforcement certification in the State of Nebraska are required to sign and attest to the Law Enforcement Code of Ethics, as approved by the Council. The person will submit a signed and notarized Code of Ethics to the Director before being eligible to receive certification.

All certified law enforcement officers who have not previously signed a Code of Ethics must submit a signed and notarized Code of Ethics.

005.04 Firearms Handgun Qualification Report

All agency heads or administrators are required to submit to the Director a Handgun Firearms Qualification Report on all law enforcement officers or reserve officers employed by the agency on an annual basis.

Agency heads or administrators will submit the Handgun Firearms Qualification Report in accordance with Title 79, Chapter 11.

005.05 Continuing Education Report

All agency heads or administrators are required to submit to the Director a Continuing Education Report on all law enforcement officers employed by the agency in accordance with Title 79, Chapter 17.

005.06 Agency Report of Officer Misconduct

All agency heads or administrators that receive complaints of officer misconduct which constitute grounds for revocation or suspension of their law enforcement license or certification according to Neb. Rev §81-1403, are required to submit to the Director an Agency Report of Officer Misconduct.

005.07 Locked Status Agency Report

All agency heads or administrators are required to submit a report to the commission designee within 30 days of officers leaving employment based on the following reasons:

005.07A Termination,

005.07B Resignation or Retirement In-Lieu-of termination before initiation or completion of an internal affairs investigation into allegations that, if founded, could result in revocation,

005.07C Basis for such former officer’s actions are potential grounds for revocation as outlined in Neb. Rev §81-1403.

006 Failure to submit required records and/or falsification of records constitutes a violation of State Statute and neglect of duty. Violations are subject to prosecution of law or sanctions by the Council.

007 Submission of employment documentation of law enforcement officers:

007.01 The person responsible for employing, hiring, or appointing a law enforcement officer will submit to the Director, verification that a thorough background investigation has been conducted according to Title 79 Ch. 8.

007.02 For each of the following hiring classifications, the following documentation will be submitted to the Director. All documentation must be submitted within seven (7) days unless otherwise specified.

007.02 For each of the following hiring classifications, the following documentation will be submitted to the Director. All documentation must be submitted within seven (7) days unless otherwise specified.

007.02A Nebraska Certified officers:

007.02A(1) Change in Status form

007.02A(2) Background verification

007.01A(3) Code of Ethics/Attestation Form

007.02B Law Enforcement Trainees:

007.02B(1) Change in Status form

007.02B(2) Background verification

007.02B(3) Application Packet must be submitted within 45 days

007.02C Noncertified Conditional Officers:

007.02C(1) Change in Status form

007.02C(2) Background verification

007.02C(3) Application Packet must be submitted within 21 days

007.02D Reciprocity Officers:

007.02D(1) Background verification

007.02D(2) Code of Ethics/Attestation Form

007.02E Other documentation, as determined by the Council or specified in state law may be required.

History

• Effective 2023-05-17

Chapter 3 Reciprocity Certification of Law Enforcement Officers in Lieu of Attending State Certification Training Courses

Neb. Admin. Code tit. 79, ch. 3 Reciprocity Certification of Law Enforcement Officers in Lieu of Attending State Certification Training Courses {#sec-79-nac-3 omnilex-key=us-ne-regs-official--title-79--79 NAC 3}

001 Purpose - To prescribe policies and procedures for certification of officers who have received training other than the State certification curriculum.

002 Reference - Neb. Rev. Stat. 14-709, 23-1701.01, 81-1414, 81-1414.13, and Title 79, Chapter 8. Neb. Rev. Stat. 81-1414(2)(c) and 81-1414.13(3)(c) provide for the awarding of a certificate to a person who has completed a training program the Council finds equivalent to the State basic training curriculum.

The Council establishes the following standards whereby a person having received equivalent training may be granted reciprocity for law enforcement basic, supervision and management training that are required by State Statute.

003 Supervision and Management Certification - Applicants seeking reciprocity consideration for Supervision and/or Management certification will submit to the Training Center such appropriate evidence, documentation, transcript, certificates and, curricula, for review and consideration by the Director. The Director will review the submitted materials and determine whether the applicant’s training and education meet the standards for reciprocity certification. The Director will inform the applicant and the applicant’s agency of his decision. A Director’s decision to deny reciprocity certification may be appealed to the Council. The decision of the Council to grant or deny the application will be final. Applicants not receiving Council approval, must attend the next available Training Center Supervision and/or Management course.

004 Basic Law Enforcement Certification - A person who has been certified or licensed as a law enforcement officer by a recognized certifying agency as receiving formalized training by another state may receive certification in lieu of attending the State basic certification course provided that the applicant meets the requirements of this chapter and the other requirements as set out in the Nebraska Revised Statutes and Title 79 of the Nebraska Administrative Code.

004.01 Applicants or their employing agencies will be assessed the non-refundable fees as established by the Council for records processing and written examination administration to be paid to the Training Center.

004.02 All applications for reciprocity certification must be submitted in writing to the Director and must provide proof that:

004.02A The applicant meets standards as set out in Neb. Rev. Stat. 81-1410, 81-1414, 81-1414.13, and Title 79, Chapter 8 before being further processed for reciprocity.

004.02B The applicant must provide proof that the applicant was awarded a certificate or diploma attesting to satisfactory completion of a training program determined by the council to be equivalent to the curriculum in subdivision (2)(a) of section 81-1414.

004.02B(1) An applicant will be deemed to have had the training equivalent to the curriculum in subdivision (2)(a) of section 81-1414 if the applicant is able to provide the Director with a valid certificate or diploma from a state approved academy in the state they are or were most currently employed and verification of a minimum of two consecutive years of full-time employment as a certified law enforcement officer with independent arrest powers.

Time completing a law enforcement academy will not count towards time of employment. For states who will not certify until a probationary period or field training hours are met, probationary periods or field training hours may count towards the two years of employment.

004.03 The applicant will have all past law enforcement employer(s)/agencies submit written verification to the Director regarding his/her dates of employment, duty assignments, departmental/agency rank, and confirmation that they left the agency in good standing.

004.03A The applicant will provide information verifying the current classification status of his/her law enforcement certificate/license. The applicant may not have been unemployed or had his/her law enforcement status declared inactive for a period exceeding four (4) years immediately prior to making application.

004.03B The applicant will provide documentation that his/her law enforcement certificate/license is not under investigation, suspension or revoked.

004.04 The Director will make a determination as to whether an applicant meets the admission and training standards for reciprocity certification.

004.04A When the applicant’s prior training has been approved and the applicant has met all basic certification admission standards, the applicant is eligible to take the written examination and physical fitness testing.

004.04A(1) This written examination will be approved by the Council. Every applicant will be required to pass the written examination with a minimum score of 70%. If an applicant fails to pass the written examination, he or she will retake a different version of the written examination. Upon failure to attain a minimum passing score on the second attempt, the applicant will not be eligible to obtain reciprocity certification.

004.04A(2) When the applicant’s prior training has been approved and the applicant has met all basic certification admission standards, the applicant is eligible to take the physical fitness test. The physical fitness test will be approved by the Council. The Council will establish the passing score. If an applicant fails to pass the physical fitness test, he or she will retake the physical fitness test. Upon failure to attain a minimum passing score on the second attempt, the applicant will not be eligible to obtain reciprocity certification.

004.05 Following the successful completion of all of the standards set forth above and successful completion of a Council-approved reciprocity the applicant will receive a diploma for the completion of the reciprocity course. Upon employment and appointment as a law enforcement officer in the State, the applicant will be eligible to receive certification as a law enforcement officer in the State.

004.06 If the applicant does not meet the criteria as described in this chapter, the applicant, if still desiring basic certification may apply for admission into basic certification training.

004.06A In cases when the Director denies an applicant admission to the Reciprocity program, the Director will inform the applicant and/or his/her employing agency of his determination in writing. The Director will document which standards the applicant did not meet for approval. It will be the responsibility of the applicant/petitioner to demonstrate that the applicant meets the prerequisite training requirements to be eligible for admission. The decision of the Council in such appeals is final.

004.06B Any person granted an appeal under the above sections must complete and meet all other standards set forth in this rule to be eligible for reciprocity certification.

005 Agency Heads – The Council may waive all requirements for individuals entering a law enforcement agency as an administrator/agency head, other than a Sheriff, which serves a population of 5,000 or more people and does not regularly perform the duties of a law enforcement officer as defined in Neb. Rev. 81-1401.

005.01 Persons requesting a waiver of certification training as an agency head must provide documentation to the Director of having held a supervisor or management rank as a law enforcement officer within the last two years for a law enforcement agency that serves a population of 5,000 or more.

005.02 Documentation of all law enforcement training, law enforcement experience, formal education, military training and experience or other relevant information must be included with the request for a waiver of certification training.

005.03 Persons requesting such a waiver must also complete the application for admission process set forth in Title 79, Chapter 8 and must meet all standards for certification training admission as set forth in State Statute and rule and regulation.

005.04 The Director will review the documentation and make a recommendation to the Council to either grant or deny the request for a waiver. The Director will notify the person making the request in writing of his or her findings and recommendation to the Council at least 14 days prior to the waiver being considered by the Council.

005.05 The Council will determine whether to grant or deny the waiver. The person must make immediate application to attend the next basic or reciprocity program in cases where the Council denies the waiver. Decisions of the Council are final.

005.06 Persons receiving a waiver in accordance with Section 005 will receive a certification that is limited to serving only as an administrator or agency head of a law enforcement agency that serves a population of 5,000 or more.

History

• Effective 2025-12-24

Chapter 4 Law Enforcement Certification Status

Neb. Admin. Code tit. 79, ch. 4 Law Enforcement Certification Status {#sec-79-nac-4 omnilex-key=us-ne-regs-official--title-79--79 NAC 4}

001 Purpose - To establish definitions and criteria for different statuses regarding law enforcement certification.

002 Scope - Applicable to all law enforcement officers, agencies, the Council and Center.

003 Reference - Neb. Rev. Stat. §81-1401, §81-1403, §81-1410, §811412, §81-1414, and Title 79, Chapters 3, 9, 11 and 17.

004 General - A law enforcement officer’s certification is classified as one of the status categories listed in this section.

004.01 Active Status

004.01A Persons who are employed as law enforcement officers and commissioned to exercise law enforcement powers as set forth in Neb. Rev. Stat. §81-1401 and:

004.01A(1) Maintain a valid law enforcement certificate for the position of appointment;

004.01A(2) Complete a Code of Ethics and submits it to the Center at the same time the employing agency submits a Change in Status Report reflecting employment as a law enforcement officer;

004.01A(3) Submit any processing fees established by the Council with the Code of Ethics and Change in Status Report. ; and

004.01A(4) Maintain employment as a law enforcement officer under the provisions of Neb. Rev. Stat. §81-1414 prior to attending an academy.

004.01B A person with active status maintains his/her active status by meeting all of the following standards:

004.01B(1) Maintains full or part time employment in the State as a law enforcement officer or an officer exercising law enforcement powers under State Special Deputy Sheriff status or is a commissioned law enforcement instructor who is employed full time at a Council approved academy.

004.01B(2) Successfully completes the State annual handgun qualification as required by Neb. Rev. Stat. §81-1412.

004.01B(3) Successfully completes annual mandatory continuing education requirements as specified in Neb. Rev Stat. §81-1414.07 and as established by the Council.

004.01B(4) Complies with all other requirements for law enforcement officers established by law or rule and regulation.

004.02 Inactive Status

004.02A Persons who have previously been classified as being in active status but are no longer employed as law enforcement officers and cannot exercise law enforcement powers.

004.02B A person with inactive status must meet the following standards to return to active status as a law enforcement officer:

004.02B(1) Meet the minimum standards required for certification as a law enforcement officer in the State and testify on a Council approved form that no acts or events have transpired in their life since the submission of their personal character affidavit that would affect their certification and agree to continue to abide by the Code of Ethics;

004.02B(2) Be employed in the State as a law enforcement officer as defined in Neb. Rev. Stat. §811401;

004.02B(3) Have the employing agency submit verification that the agency has conducted a thorough background investigation on the person in accordance with the provisions of Title 79 Chapter 8; and

004.02B(4) Complete the following training standards to return to active status based upon the length of time spent on inactive status.

004.02B(4)(a) 1 day to 4 years: completion of the State handgun qualification course, possession of a valid CPR card.

004.02B(4)(b) In excess of 4 years to 6 years: completion of the State handgun qualification course, possession of a valid CPR card and meets all requirements for reciprocity certification as outlined in Title 79, Ch. 3.

004.02B(4)(c) In excess of 6 years: completion of basic certification training.

004.02B(5) Submit a certification activation fee to be set by the Council on an annual basis with the submittal of the agency change in status showing the person employed as a full or part time officer.

004.03 Diploma Students

004.03A Persons who were issued a diploma for completion of certification training but are not employed as a law enforcement officer does not have certification status. This is also known as a non-law student.

004.03A(1) Diploma students have two years from the date of their graduation from an academy to receive employment and appointment as a law enforcement officer.

004.03A(2) A diploma student who does not receive law enforcement employment and appointment within two calendar years shall be ineligible to receive active certification status.

004.03B Persons under this section may receive active status certification by meeting the following standards:

004.03B(1) Receive employment and appointment as a full or part time law enforcement officer within two calendar years of graduation from an academy;

004.03B(2) Have the employing agency submit a Code of Ethics or attestation form and Change in Status Report with any processing fees established by the Council and

004.03B(3) Have the employing agency submit verification that the agency has conducted a thorough background investigation on the person in accordance with the provisions of Title 79, Chapter 8.

004.03C A diploma student may request a waiver of the two year requirement established in 004.03A(1) under circumstances that constitute an extreme hardship. The student may appeal to the Council for a waiver. The Council may grant a waiver for conditions of extreme hardship for no more than two additional calendar years and may require the student to complete additional training at his or her cost as a condition of the waiver.

004.04 Suspended Status

004.04A Officers whose certificate is suspended when he/she fails to meet the standards established to maintain active status. A person whose certificate is suspended cannot exercise law enforcement powers while his/her certificate is suspended. However, the person can correct the standards violation in a reasonable amount of time. Some examples of situations that can result in a suspended status are:

004.04A(1) Failure to meet the annual firearm qualification standards.

004.04A(2) Failure to meet annual continuing education standards as established by the Council.

004.04A(3) Separation from his or her agency due to physical, mental or emotional incapacity.

004.04B The following procedure will be used in processing suspension of certification

004.04B(1) The Director will investigate violations he/she is aware of and suspend the certification of an officer who fails to meet the standards required to maintain certification. For situations under section 004.04A(3), the Director will suspend the officer’s certification upon receiving the Personnel Change in Status Report from the officer’s last employing agency.

004.04B(2) The Director will provide written notice of any suspension of certification to the:

004.04B(2)(a) Council.

004.04B(2)(b) person whose certificate has been suspended.

004.04B(2)(c) employing agency or last employing agency when the separation was due to incapacitation.

004.04B(2)(d) governing body under which the agency serves.

004.04B(2)(e) prosecuting attorney(s) of the Jurisdictions where the person was serving at the time of suspension.

004.04B(3) The notice of suspension will also provide the:

004.04B(3)(a) violation(s) or reason(s) upon which the suspension is based.

004.04B(3)(b) conditions that must be met to correct the violation or reason(s) for suspension.

004.04B(3)(c) time restraints in which the violation must be corrected, if any.

004.04B(3)(d) requirement of payment of a reinstatement fee that is set by the Council on an annual basis.

004.04B(3)(e) officer’s or agency’s right to appeal the action to the Council.

004.04B(4) The person whose certification is suspended may reactivate his/her certification by:

004.04B(4)(a) Meeting the conditions set forth by the Council for reactivation.

004.04B(4)(b) Providing documentation to the Director that the conditions have been met. For situations involving incapacitation, providing documentation that the incapacitation no longer prevents the officer from performing the essential duties of a law enforcement officer.

004.04B(4)(c) Not being found in violation of any other law or standard that would be cause for suspension or revocation of certification.

004.04B(4)(d) Submitting a certification activation fee to the Center.

004.04B(5) The Director will activate a suspended certification upon receipt of documentation that the conditions for reactivation have been met. The Director will notify the Council of the action at their its next regular meeting. The Director will also notify the same entities as listed in 004.04B(2) that the officer’s certification has been reactivated and the officer can exercise law enforcement powers.

004.05 Locked Status

004.05A When an officer has separated employment from an agency based on grounds which could constitute grounds for revocation, as filed by his or her former agency, that officer cannot be hired as a law enforcement officer by any agency unless a designee of the commission has determined that the officer should retain his or her certification.

004.05B If the designee has determined that revocation proceedings should be commenced against the officer pursuant to Title 79, Chapter 9, the officer cannot be hired as a law enforcement officer by any agency unless the revocation action has been dismissed or there is a finding by the Council and commission that the officer’s certification(s) should not be revoked.

004.06 Retired Status

004.06A Retired status refers to a person who has previously been classified as being in active status, but enters an inactive status due to retirement.

004.06B A person who enters retired status is not required to qualify on the State’s annual firearm qualification course or meet the State’s mandatory continuing education requirements in the calendar year of his or her retirement.

004.07 Revoked Status

004.07A A person whose certification has been revoked cannot exercise law enforcement powers in the State and is not eligible for reinstatement of his/her certification.

004.07B The procedures governing the revocation of certification are addressed in Title 79, Chapter 9.

004.08 Voluntary Surrender

004.08A A certified law enforcement officer that chooses not to contest the administrative revocation process and relinquishes his/her law enforcement certificate(s)/license. A voluntary surrender is a revocation of the law enforcement certificate.

History

• Effective 2025-12-24

Chapter 5 Standards for Certification Training Evaluation

Neb. Admin. Code tit. 79, ch. 5 Standards for Certification Training Evaluation {#sec-79-nac-5 omnilex-key=us-ne-regs-official--title-79--79 NAC 5}

001 Purpose - To set standards and prescribe procedures governing the evaluation of students attending certification training in the State of Nebraska.

002 Scope - Applicable to all academies providing certification training and to all students.

003 Reference – State Statute 81-1403(1)

004 Policy - The standards and procedures set forth in this rule provide for a consistent and fair evaluation of students attending a certification course at an academy. This rule establishes minimum standards and does not prohibit academies providing certification training for their own employees to establish higher standards than set forth herein.

005 General - The following standards must be met to qualify for certification as a law enforcement officer in Nebraska.

005.01 Testing

005.01A Definitions

005.01A(1) Unit Test – A cognitive test that is administered over one or more course subjects.

005.01A(2) Performance Test – A test of a student’s ability to perform specific tasks or skills at an established level of competency.

005.01A(3) Comprehensive Test – A test that is comprehensive in nature and requires the student to recall knowledge and or perform tasks that were previously learned and upon which the student was previously tested or required to demonstrate proficiency.

005.01B Students are required to achieve a minimum of seventy percent (70%) on all unit and comprehensive tests and a passing score on all performance tests.

005.01C Students failing to achieve a passing score on a test shall retake a test covering the tested materials or skills.

005.01D A student shall be separated from training if the student fails to pass a retake test except as provided for in a Council approved training-recycling program. A student is allowed to participate in only one skill area training-recycling program.

005.01E A student shall retake no more than two failed unit tests and must pass the tests on such retakes. Any retake must occur within one training week. Exceptions to the one-week requirement can be made only for good cause. The failure of a third unit test regardless of successful retakes on the previous two unit tests shall result in a student being separated from training for failure to perform academically.

005.01F Students shall be permitted one opportunity to retake a comprehensive test. Failure to achieve a minimum score of 70% on a comprehensive retake test shall result in the student being separated from training.

005.02 Separation from Training

005.02A Students shall be immediately notified of their failure of any test and the impact it has upon their status as a student. When applicable, the head of the hiring agency or his/her representative will be immediately notified of a student’s failure of a unit test, performance test, or comprehensive test and informed of the impact upon the student’s status.

005.02B A student shall be found to be in bad standing and not eligible for Law Enforcement Improvement Fund dollars to pay for training when separated from training for unsatisfactory performance as presented in this chapter.

005.03 Recycling Programs

005.03A Students have limited opportunity for remediation and practice skills of which they are required to pass performance tests due to limited practice facilities, limited instructors, and the liability involved with the skills training. The Council may establish a training-recycling program for law enforcement basic certification students in specific skills that are subject to performance tests. The Council may approve guidelines to permit a training-recycling program in the following skills areas:

1. Firearms

2. Defensive Tactics

3. Law Enforcement Driving Skills

4. Emergency Vehicle Operations Skills

005.03B Academies affiliated with an agency may choose whether or not to implement training-recycling programs when training their agency specific employees.

005.04 Attendance

005.04A Attendance in scheduled classes and training is mandatory.

005.04B Unexcused absences may be grounds for dismissal from the training program.

005.04C Students who experience excused absenteeism must make up the time missed from training by:

005.04C(1) Absence from classroom training – making up the classes through independent or group student and meeting the testing requirements in this chapter.

005.04C(2) Students who experience excused absenteeism in excess of forty (40) hours of classroom training will be separated from training for excessive absenteeism unless the training can be timely completed through NLETC web-based training programs.

005.04C(3) Absence from practical training – in instances where the student is unable to participate in a skills subject area because of injury or missing required classes identified in the course curriculum, the student will be required to attend classes previously missed in the next basic training session and meeting the testing requirements in this chapter.

History

• Effective 2005-06-26

Chapter 6 Admission Priorities to the Nebraska Law Enforcement Training Center

Neb. Admin. Code tit. 79, ch. 6 Admission Priorities to the Nebraska Law Enforcement Training Center {#sec-79-nac-6 omnilex-key=us-ne-regs-official--title-79--79 NAC 6}

001 Purpose – To establish admission priorities for admission to law enforcement basic certification training at the Center.

002 Scope – State Statute 81-1414, Title 79, Chapter 2, Chapter 8, and Chapter 14

003 General – The primary mission of the Center is to meet the basic certification needs of law enforcement agencies in the State.

003.01 Allocation of Basic Training Academy Seats The Council shall annually determine how basic training academy seats are allocated at the Training Center.

003.02 Academy seats will be allocated to two separate categories of students.

003.02A Students not employed by an agency.

003.02B Students employed by an agency.

003.03 In October of each year, the Director and Center staff shall provide the Council information regarding projected enrollments and recommendations as to how seats should be allocated for the next calendar year.

003.04 The Council shall allocate academy seats on a percentage basis to the two categories of students.

003.05 The Council may vote to change the allocations for a calendar year. The Director may recommend changing the allocation percentages if he/she has information that changes the previous recommendation. The Council shall review such information and determine if a change is needed.

003.06 The Center may fill any unused seats in a basic class if a student category does not require the percentage of seats allocated.

003.07 Individuals and law enforcement agencies that fail to enroll a student for certification training as required by State Statute 81-1414 and Title 79, Chapter 2 and Chapter 8 shall not have priority in their admission category. Such applicants or agencies shall receive a seat in the next class that has available seats based upon allocation of seats. The individual or agency shall not be provided a seat in a class if the applicant would be in violation of State Statute 81-1414, failure to complete training within one year of appointment.

003.08 The Training Center, with approval of the Council, may establish basic certification courses designed to meet the needs of special groups of students as provided for in Chapter 14, Section 005.06. The Council shall establish priority for admission to such specialized courses based upon recommendations from the Training Center.

History

• Effective 2005-06-26

Chapter 7 Reserve Officer Certification Standards

Neb. Admin. Code tit. 79, ch. 7 Reserve Officer Certification Standards {#sec-79-nac-7 omnilex-key=us-ne-regs-official--title-79--79 NAC 7}

001 Purpose - To prescribe policies and procedures for certification of Reserve Officers

002 Scope - Applicable to the Council Center, Law Enforcement Agencies, and Reserve Officers

003 Reference - State Statutes 81-1410, 81-1439 and 81-1444, Title 79, Chapter 2, Chapter 5, Chapter 8, Chapter 9

004 General

004.01 The standards for admission to Reserve Officer Certification Training shall be the same standards as set forth for law enforcement officers in State Statute 81-1410, 81-1439, and Title79, Chapter 8.

004.02 Agencies are required to report the appointment of Reserve Officers and make application for attending Reserve Officer Certification training under the same standards as set forth in Title 79, Chapter 2.

004.03 The Council may grant a waiver of the statutory requirement of the completion of Reserve Officer certification training within one year of appointment under the same conditions as set forth in Title 79, Chapter 8 for law enforcement officers.

004.04 Reserve Officer certification training shall be conducted by or under the supervision of the Center. Such training may be provided at the Center, at regional sites or through distance learning or a combination of the above as approved by the Council.

004.05 The Reserve Officer certification curriculum shall be approved by the Council. Reserve Officer certification shall be provided at least biannually as determined by the Center.

004.06 Reserve Officer Certification shall be given by the Council when:

004.06A A person has met all standards for admission to an academy and successfully completed Reserve Officer certification training.

004.06B The person completes the Code of Ethics and submits it to the Center and the Center has received a Change in Status Report from the agency reflecting appointment as a Reserve Officer.

004.07 Reserve Officer Certification Status

004.07A Active Status – Active status for a person appointed as a reserve officer shall follow the same criteria as set forth for a law enforcement officer in Title 79, Chapter 4, Section 004.01B with the exception of having a valid reserve officer certificate.

004.07B A person with active Reserve Officer status maintains his/her status by meeting the same criteria for law enforcement officers set forth in Title 79, Chapter 4, Section 004.01B.

004.07C Inactive Status: Inactive status refers to persons who have previously been classified as being in active status but are no longer appointed as a Reserve Officer and is not exercising law enforcement powers.

004.07D A person with inactive status must meet the following standards to return to active status as a law enforcement officer:

004.07D(1) Meet the minimum standards required for certification as a reserve officer in the State and testify on a Council approved form that no acts or events have transpired in their life since the submission of their personal character affidavit that would affect their certification.

004.07D(2) Be appointed as a Reserve Officer in accordance with State Statute within five calendar years of being classified on Inactive status.

004.07D(3) Submit a new Code of Ethics to the Center.

004.07D(4) Complete the State handgun qualification course and possess a valid CPR card.

004.07D(5) Complete the Reserve Officer certification training course if the length of inactive status is greater than five calendar years.

004.07D(6) Submit a certification activation fee that is set by the Council on an annual basis with the submittal of the agency Change in Status showing the person appointed as a Reserve Officer.

004.07E Suspended Status - A reserve officer’s certification may be suspended under the same criteria as set forth in Title 79, Chapter 4, Section 004.04.

004.07F The procedures set forth in Title 79, Chapter 4, Section 004.04B shall be followed in processing violations involving the suspension and reactivation of suspended reserve officer certification.

004.07G The Director shall activate a suspended certification upon receipt of documentation that the conditions for reactivation have been met. The Director shall notify the Council of the action at their next regular meeting. The Director shall also notify the same entities as listed in 004.04B(2) that the reserve officer’s certification has been reactivated.

004.07H Revoked Status

004.07H(1) A reserve officer’s certification may be permanently revoked. A person whose certification has been revoked cannot exercise law enforcement powers in the State and is not eligible for reinstatement of his/her certification.

004.07H(2) The procedures governing the revocation of certification are addressed in Title 79, Chapter 9.

History

• Effective 2005-06-26

Chapter 8 Training Academy Admission Qualifications and Procedures

Neb. Admin. Code tit. 79, ch. 8 Training Academy Admission Qualifications and Procedures {#sec-79-nac-8 omnilex-key=us-ne-regs-official--title-79--79 NAC 8}

001 Purpose - To establish admission qualifications and procedures for applicants who want to attend certification training at training academies.

002 Scope - All applicants and law enforcement agencies requesting admission for the applicant to attend law enforcement certification training or other mandated training at a Training Academy.

003 Reference – 81-1410, 81-1411, 81-1412, 81-1414 and Title 79, Chapter 2

004 General Applicant(s) requesting admission to certification training and other mandated training programs at a Training Academy must meet the minimum qualifications specified below. Agencies, which conduct their own academy training, may set higher standards for entrance into that academy. Hiring agencies may set higher standards for employment of their respective employees. Applicants must follow the procedures listed herein to be eligible to attend the mandated training as specified.

005 Basic Certification Training

005.01 Minimum Qualifications For Law Enforcement Certification Training. Prior to appointment or attending a Training Academy for certification training, an applicant must meet the following qualifications:

005.01A The applicant is a citizen of the United States.

005.01B The applicant will reach the age of twenty-one years prior to the completion of training.

005.01C The applicant has been fingerprinted and a search has been made of local, state, and national fingerprint files for disclosure of any criminal record and the results furnished to the Director.

005.01D The applicant has a valid motor vehicle operator’s license.

005.01E The applicant has vision correctable to 20/30 and has no evidence of an irreversible disease, which will affect the person’s sight.

005.01F The applicant has never been convicted by any state, the United States, or by any foreign government of a crime punishable by imprisonment for a term of one year or more.An applicant will not be disqualified if such conviction has been overturned or reversed by a court of competent jurisdiction or a pardon has been obtained.

005.01G The applicant possess good character as determined by a thorough background investigation.

005.01H The applicant (i) is a high school graduate, including a home schooled graduate or (ii) possess a general educational development certificate and (iii) is able to read, write, and understand the English language at the eleventh grade level.

005.01I The applicant has not been convicted of driving while intoxicated or under the influence in the two years immediately preceding admission.

005.01J The applicant has been examined by a licensed physician, Physician Assistant or Advanced Practice Registered Nurse within one year prior to admission and has been certified to have met the physical requirements, as determined by the Council. These requirements are necessary to fulfill the responsibilities of a law enforcement officer and successfully complete the requirements for training.

005.01K The applicant will not havebeen appointed as a law enforcement officer for the current law enforcement agency for more than16 consecutive weeks or has been grantedan extension by the Council as outlined in Neb. Rev. §81-1414.

005.01L The applicant has not received a punitive discharge from the United States Armed Forces. Punitive discharges are discharges classified as Dishonorable or Bad Conductor the equivalent.

005.01M The applicant has not been denied certification status, had his/her law enforcement certification/license revoked, suspended or currently under investigation and/or review in this state or another jurisdiction.

005.01N The applicant has not been convicted of any crime involving the threat of or actual use of physical violence that would constitute a Class I misdemeanor in this state.

005.01O The applicant has not been convicted of any crime involving the threat of or actual sexual assault or abuse.

005.01P The applicant has not been convicted of any crime involving the threat of or actual use of physical violence or sexual abuse against a child or children.

005.01Q The applicant has not been adjudged or convicted of a crime of domestic violence as defined in the United States Code, 18 U.S.C. 922(g)(9), that would disqualify him/her from possessing a firearm.

005.01R If the applicant has never been employed as a law enforcement officer in Nebraska, he/she will undergo a psychological evaluation to determine fitness for duty.

005.01S The applicant has met physical fitness standards as approved by the Council.

005.02 Good Character

005.02A The Council finds that a person serving in the capacity of a Nebraska Law Enforcement Officer must be of good moral character. Besides the requirements imposed by sections 005.01A through 005.01Q, a person of good character is someone who generally can be defined as an individual who:

005.02A1 Does not have a past indicative of incompetence or neglect of duty;

005.02A2 Does not have a past indicative of physical, mental, or emotional incapacity;

005.02A3 Has not been adjudged or convicted of criminal violations with such a frequency so as to indicate a disrespect for the law and rights of others.

005.02A4 Has not been adjudged or convicted of traffic violations of regulations governing the movement of vehicles with such a frequency so as to indicate a disrespect for traffic laws and a disregard for the safety of others;

005.02A5 Can be characterized as being honest, truthful and trustworthy;

005.02A6 Does not have ahistory of substanceuse to include:

005.02A6a Has not illegally sold, produced, cultivated or transported for sale marijuana or other controlled substance;

005.02A6b Has not used marijuana for any purpose in the last two (2) years;

005.02A6c Has not used marijuana or other controlled substance, other than one prescribed by a physician, while employed or appointed as a peace officer or law enforcement officer;

005.02A6d Has not illegally used any dangerous drugs or narcotics , other than marijuana, for any purpose in the last five (5) years.

005.02B For issues regarding good character, the Director and Council will consider the aggravating circumstances listed in paragraphs 005.02A(1)-(6). A record manifesting a history of one or more of the aggravating circumstances may constitute a finding that the applicant does not possess good character and may constitute a basis for denial of admission into certification training. These factors will be considered in conjunction with the mitigating and/or extenuating circumstances as set out in section 005.03.

005.03 Mitigating and Extenuating Circumstance Relevant to Good Character.

005.03A While the Council recognizes that there is no exact formula to determine whether an applicant possesses good character, the Council believes that mitigating factors should be considered in conjunction with the aggravating factors in order to determine a person has good character. In making this determination of good character, the following factors, although not exhaustive, should be considered in assigning weight and significance to prior conduct that does not automatically disqualify an applicant for consideration pursuant to State Statute 81-1410:

A. The applicant's age at the time of the conduct;

B. How recent was the conduct:

C. The reliability of the information concerning the conduct;

D. The seriousness of the conduct;

E. The factors underlying the conduct;

F. The cumulative effect of the conduct or information;

G. The evidence of rehabilitation;

H. The applicant's positive social contributions since the conduct;

I. The applicant's candor in the admission process; and

J. The materiality of any omissions or misrepresentations.

005.04 Character Affidavits and Background Investigation

All applicants will complete the Council’s Character Affidavit and a thorough background investigation must be completed for each applicant before the applicant is admitted into a training academy for law enforcement certification. The affidavit and the background investigationwill collect information to determine if the applicant meets the qualifications for admission as set out in this Chapter.

005.04A The rules of the Council for admission into a Training Academy place on the applicant the burden of proving good character by producing documentation, reports, and witnesses in support of the application. Each investigation will be initiated by requiring the applicant to execute under oath a thorough application, and to sign an authorization and release form that extends to the Council, the Director or his/her designee and to any persons or institutions supplying information thereto. The applicant will be informed of the consequences of failing to produce information requested by the application and of making material omissions or misrepresentations.

005.04A1 The Character Affidavit will be in the form of a personal affidavit covering subject matter essential to the determination of whether the applicant meets the admission qualifications as provided bystatute and this Chapter. Only the Character Affidavit, as approved by the Council, will be utilized by the applicant when applying for admission into a Training Academy for Certification Training.

005.04A2 Applicants are under a duty to disclose any and all information that may affect the applicant's qualifications for entrance into certification training. Any deliberate omissions, falsification, and/or misrepresentations made on the application or through the application process, including the background investigation, are grounds for denial of entrance into a Training Academy, suspension from training or termination of training.

005.04B Background Investigations

005.04B1 A thorough background investigation is to verify that the applicant meets both the statutory qualifications and the Council qualifications. The background investigation will include, but not be limited to:

005.04B1(a) Previous employment information;

005.04B1(b) Law enforcement records checkswhere the applicant has resided;

005.04B1(c) Review of military records, including discharges and re-enlistment status from the Armed Forces of the United States . The following discharge classifications require additional review during the background investigation:

1. General/Under Honorable Conditions,
2. Under Other than Honorable Conditions;
3. Uncharacterized;
4. Bad conduct.

005.04B1(d) Verification of at least three (3) character references, which are not family or close personal friends;

005.04B1(e) Citations, arrests or criminal charges on the applicant's records, regardless of the disposition;

005.04B1(f) Any criminal convictions regardless of criminal classification or disposition;

005.04B1(g) Misconduct in employment;

005.04B1(h) Acts involving dishonesty, fraud, deceit, or misrepresentation;

005.04B1(i) Abuse of legal process, including the filing of vexatious lawsuits;

005.04B1(j) Neglect of financial responsibilities;

005.04B1(k) Neglect of professional responsibilities;

005.04B1(l) Violation of a court order, including child supports;

005.04B1(m) Evidence of mental or emotional incapacity;

005.04B1(n) Evidence of a history of drug or alcohol dependence or abuse.

005.04B2 The revelation or discovery of any of the preceding will be treated as cause for further inquiry by the Director and may necessitate a finding before the Police Standards Advisory Council on the issue of whether the applicant possesses the good character and fitness to serve as a law enforcement officer in the State of Nebraska.

005.05 A Background investigation shall only be conducted by the following individuals or agencies:

005.05A The Director or his/her designee, when the applicant has not been hired by a law enforcement agency or a Sheriff or appointed agency administrator who is not certified as a Nebraska law enforcement officer at the time of election or appointment.

005.05B The head of the agency or his/her designee that has appointed the applicant as a law enforcement officer or trainee.

005.06 Documentation of background investigation and results of investigation

005.06A Results of Investigation. The individual conducting the background investigation will submit to the Council a certification that the applicant meets the admission qualifications in this Chapter, and that a background investigation has been conducted and documented in the agency files along with the name(s) of the investigator(s) and dates of the investigation.

005.06B The Council, through the Director, can require an agency submit the entire background investigation for review.

006 In order to determine if the applicant can read, write and understand the English language at the eleventh grade level, the applicant is required to complete a test approved by the Council and administered through the Training Center.

006.01 The Training Center may administer the test through any of the following methods: Training Academies , Civil Service and/or Merit Commission’s of other law enforcement agencies; State of Nebraska approved GED Examiners; Training Center staff; or as directed by the Council.

006.02 Training Academies, and Civil Service and/or Merit Commissions of other law enforcement agencies may grade the Tests and will furnish the written results to the Director.

006.03 The costs of the Testing process will be charged to the applicant or the hiring agency. Applicants failing the Test may retake a different version of the test as soon as they elect, however, 90 days must elapse between the taking of the same version of the test unless permitted upon petition to the Council.

007 Application Documentation

007.01 All application packets must be received by the Director at least thirty (30) days prior to the first day of the Certification course. Application packets for students who have not been hired by a law enforcement agency must be received ninety (90) days prior to the first day of the Certification course.

007.01A For application for admission into the Training Center or into another Training Academy where the applicant is not directly employed by the academy’s agency, the application packet must include the following:

1. Personnel Change-In-Status Report, if employed by an agency.

2. Application for Training

3. Personal Character Affidavit

4. Background Verification form

5. Medical Examination and Health Questionnaire

6. Authority to Release Information

7. Employment Verification Form

8. Copy of Birth Certificate or recognized substitute

9. Copy of Valid Operator’s License

10. Four Fingerprint Cards

11. Reading and Comprehension test results

12. DD-214 or equivalent (Applicable only to Veterans)

13. Copy of high school diploma, home school transcript or GED certificate

14. Employment Eligibility Verification Form

15. Background Check Waiver

007.01B For application for admission into the applicant's employing Training Academy or an interlocal training academy, the agency must submit the following:

1. Personnel Change-In-Status form

2. Applicant Report for Agency and Interlocal Academies

3. Personal Character Affidavit

4. Reported records of criminal history check through the Federal Bureau of Investigation

5. DD Form 214 or equivalent (applicable only to Veterans)

007.02 Upon receipt of the change in status form, an applicant will be immediately enrolled in the next available Basic Training session.

007.03 With prior approval, the thirty (30) day provision in section 007.01 may be waived by the Director. The waiver will be based upon a determination that the application can be processed and accepted as meeting the admission qualifications. No application packet will be accepted less than fourteen (14) days before the beginning of the requested academy.

007.04 In all cases in which it is necessary for the Council to acquire documents or other information to determine whether or not an applicant meets the admission requirements of this section, the Council through the Director, may require such copies or other information be supplied by the applicant at his or her expense.

007.05 Failure to comply with this section may result in the denial of the applicant’s admission into that registered course.

008 Review by Director and Council Review

008.01 The Director or his/her designee will review the completed application packet within 10 working days of receipt. The Director will make an initial determination of whether the applicant meets the qualifications for admission into a Training Academy for law enforcement certification training. The Director will notify the applicant and/or agency in writing of the applicant's acceptance or denial. The denial will specify the reasons for denial/disqualification. Upon request of the applicant or agency, the determination by the Director may be appealed according to Title 79 Chapter 13.

008.02 During the appeal process, the burden is on the applicant to demonstrate by clear and convincing evidence that he/she meets the admission qualifications. The Council will render a decision and produce its decision in writing within ninety (90) days of the hearing unless the time is extended by order of the Chairperson. The decision of the Council is final.

History

• Effective 2024-03-16

Chapter 9 Revocation of Law Enforcement Officer Certification

Neb. Admin. Code tit. 79, ch. 9 Revocation of Law Enforcement Officer Certification {#sec-79-nac-9 omnilex-key=us-ne-regs-official--title-79--79 NAC 9}

001 Purpose - To prescribe procedures for revocation of law enforcement certificates as issued by the Council to law enforcement officers, reserve officers, and tribal law enforcement officers by the State of Nebraska.

002 Scope - This chapter is applicable to law enforcement certificates or licenses as identified in Neb. Rev. Stat. §81-1401, §81-1403 and any certifications issued by the Council pursuant to the provisions of Title 79 of the Nebraska Administrative Code and as provided in state statute.

003 Defined Terms: All terms used in this chapter will have their statutory definitions applied, if such definitions exist, except as follows:

003.01 Informal Complainant: any individual(s) or organization(s) or department(s) or agency or agencies filing a report, complaint, or other information with the Commission alleging that a law enforcement officer comes within the purview of Neb. Rev. Stat. §81-1403(6)

003.02 Respondent: any individual law enforcement officer who shall be alleged to be within the purview of Neb. Rev. Stat. §81-1403(6)

003.03 Petitioner: a party to the formal revocation proceeding representing the State of Nebraska in filing the formal complaint and in presenting the evidence against the respondent.

003.04 Formal Complaint: the written allegation(s) and charge(s) against the respondent alleging that the respondent comes within the purview of Neb. Rev. Stat. §81-1403(6) and/or Section 004 of this chapter.

003.05 Formal Hearing: refers to the proceedings before the Council.

003.06 Agency: each board, commission, department, officer, division, or other administrative office or unit of the state government authorized by law to make rules and regulations, except the Adjutant General's office as provided in Chapter 55 of the Nebraska Revised Statutes, the courts including the Nebraska Workers' Compensation Court, the Commission of industrial Relations, the Legislature and the Secretary of State with respect to the duties imposed by the Administrative Procedure Act.

003.07 Contested case: a proceeding before an agency in which the legal rights, duties, or privileges of specific parties are required by law or constitutional right to be determined after an agency hearing.

003.08 Hearing officer: the person or persons conducting a hearing, contested case, or other proceeding pursuant to the Administrative Procedure Act, whether designated as the presiding officer, administrative law judge, or some other title designation.

003.09 Ex parte communication: an oral or written communication which is not on the record in a contested case with respect to which reasonable notice to all parties was not given. Ex parte communication does not include communications which do not pertain to the merits of a contested case; communications required for the disposition of ex parte matters as authorized by law; communications in a ratemaking or rulemaking proceeding; and communications to which all parties have given consent.

004 Authority & Grounds for Revocation- Neb. Rev. Stat. §81-1403(6) provides that the Council may revoke certificates or diplomas for reasons which shall include, but not be limited to: final conviction of or pleading guilty or nolo contendere to a felony violation of state or federal law, a misdemeanor crime of domestic violence or a misdemeanor violation of state or federal law, if the violation has a rational connection with the officer's fitness or capacity to serve as a law enforcement officer, serious misconduct or a violation of the officer's oath of office, code of ethics, or statutory duties. This section shall serve as further grounds for revocation. The following grounds may also serve as justifications for revocation:

004.01 Upon a final adjudication of malfeasance in office;

004.02 Willfully providing false information in connection with obtaining certification, maintaining or reactivating certification status;

004.03 The revocation or relinquishment, denial of renewal or suspension of the officer’s law enforcement certificate or license by another state or jurisdiction for such grounds that would constitute grounds for revocation or denial in this state. A certified copy of the record of revocation, relinquishment denial or suspension shall be conclusive evidence of such administrative action;

004.04 Mental or physical incapacitation that is permanent or is reasonably likely to be permanent and which substantially impairs the officer’s abilities to perform the duties of a law enforcement officer as evidenced by a legal adjudication or as determined by a licensed psychiatrist or physician and for which no reasonable accommodation can be made.

005 Subject to review and approval of the Nebraska Commission on Law Enforcement and Criminal Justice, the Council shall revoke certificates pursuant to its authority under Neb. Rev. Stat. §81-1403.

006 Automatic Revocation based upon Final Convictions of Enumerated Offenses.

006.01 If the Director of the Nebraska Law Enforcement Training Center receives notice that the respondent has been convicted of a felony, a misdemeanor crime of domestic violence or a misdemeanor violation of state or federal law, if the violation has a rational connection with the officer's fitness or capacity to serve as a law enforcement officer, and the conviction is final, the Director will:

006.01A Take reasonable efforts to notify the respondent within 30 days of the receipt of the information pertaining to the conviction. The notification procedure outlined in section 007.07 will constitute reasonable notice.

006.01B The notification will include a summary of the designated conviction(s) and notice of the opportunity to be heard when the respondent believes that the conviction is not final or concerns someone other than the respondent.

006.02 The respondent will have 30 days from receipt of the Director’s notice to file his or her intent to appear. If no intent to appear has been filed, then the respondent’s law enforcement license/certificate(s) shall be automatically revoked without any further action by the Council or Commission. The Director will cause the respondent’s permanent officer file to reflect that his or her license/certification has been revoked.

006.03 In the event that the respondent files notice of his or her intent to appear, the Director will forward the officer’s permanent file and the certified conviction packet to the Council for review and subsequent action. The review hearing will occur no later than sixty days after the receipt of the intent to appear. The Council will provide to the respondent notice of the review hearing date and time.

006.03A If the respondent fails to appear before the Council, either personally or electronically, then the respondent’s certificate will be automatically revoked as outlined in section 006.02

006.03B The only issues that may be raised by the respondent are that the conviction is not final and/or the conviction did not involve the respondent as the defendant.

006.03C Upon competent proof of the final conviction, the Council will enter an order recommending revocation of the respondent’s law enforcement certificate(s) and forward the matter to the Commission for final review and approval.

006.04 The provisions of sections 008 through 012 of this chapter will not apply to cases of automatic revocation procedures for final convictions identified in section 006.01.

007 Initiation of an Informal Complaint Leading to Revocation of Certification

007.01 Notification by a law enforcement agency. A written informal complaint will be filed with the Executive Director of the Nebraska Commission on Law Enforcement and Criminal Justice (hereinafter Commission) when an agency has reason to believe that it knows of an officer who falls within the purview of Neb. Rev. Stat. §81-1403(6) and/or section 004 of this chapter.

007.02 Notification by the Public. When an individual has reason to believe that there is an officer who falls within the purview of Neb. Rev. Stat. §81-1403(6) and/or section 004 of this chapter, that individual must file a written informal complaint with the Executive Director of the Commission.

007.03 Initiation of a Complaint by the Director of the Law Enforcement Training Center. Pursuant to his/her duties as specified in Neb. Rev. Stat. §81-1404, the Director may commence revocation proceedings when the Director becomes aware of grounds constituting revocation proceedings as outlined in this chapter.

007.04 The informal complaint will be in writing and signed by the complainant or authorized representative if complainant is a department or organization.

007.05 The informal complaint, whenever possible, will contain the following information:

1. Full name, address and telephone number of the complainant;

2. Full name, address, and telephone number, if known, of the officer who is the subject of the complaint;

3. A concise statement of the facts which the complainant believes brings the officer within the purview of Neb.Rev.Stat. §81-1403(6) and/or section 004 of this chapter together with supporting documentation, if any.

007.06 When completed, informal complaints will be delivered to the Nebraska Commission on Law Enforcement and Criminal Justice, 301 Centennial Mall South, P.O. Box 94946, Lincoln, Nebraska 68509. Upon receipt, each informal complaint will be assigned a number and reviewed by the Executive Director.

1. The Executive Director will review every informal complaint. If the allegations of the informal complaint describe conduct which, even if true, would not constitute grounds for revocation, the matter will be rejected. The complainant will be notified of such rejection.

2. If there is a question as to the merits of the informal complaint, the individual who has requested revocation may be required to supply additional information to the Executive Director. The Executive Director may also ask that the officer who is the subject of the informal complaint (hereinafter respondent) to provide information as outlined in this chapter.

007.07 A summary of the allegations will be sent to the respondent by United States mail, certified mail, return receipt requested.

007.08 The respondent is allowed fifteen (15) days from the date of mailing of the informal complaint to informally respond to the allegations of the complaint. The response will be in writing and delivered to the Executive Director in person or by United States mail, certified mail, return receipt requested.

008 Initial Inquiry. The informal complaint along with any supporting documentation and the informal response by the respondent, if submitted, will be reviewed by the Executive Director in order to determine appropriate disposition of the informal complaint. Disposition may include one of the following: rejection of the informal complaint, assigning the informal complaint for investigation, or setting the informal complaint for formal hearing.

008.01 Rejection of the Informal Complaint. If the Executive Director makes a determination that the informal complaint should be rejected, a report will be made to the Commission summarizing the facts and giving the basis for the rejection of the informal complaint. Unless further inquiry is directed by two thirds of the Commission present at the quarterly meeting, the matter will be deemed closed and a letter summarizing the position of the Commission will be sent to the complainant and the respondent. If further inquiry is ordered, the Executive Director will review the subsequent findings in order to determine if cause for revocation exists. In the event that the Executive Director determines that there is no cause for revocation, then the matter will be deemed closed.

008.02 Investigation. If the Executive Director deems it necessary, the informal complaint, the respondent’s response and all other additional documentation and information will be forwarded to a designated law enforcement agency or qualified individual for investigation of the allegations.

008.03 Upon completion of the investigation, the designated agency or individual will make a recommendation as to whether revocation grounds exist. Said recommendation will be based upon probable cause that either the statutory grounds or the grounds identified within section 004 of this chapter have been established. In the event that additional grounds are uncovered during the investigation, the investigator may include those grounds as part of the investigation and recommendation. All reports and relevant materials will be turned over to the Executive Director for further processing of the complaint.

008.04 If, after review of all documents, informal complaints, responses to the initial inquiry, and results of any investigation, the Executive Director makes the determination that the respondent falls within the purview of Neb.Rev.Stat. §81-1403(6) or section 004 of this chapter, the Executive Director will cause a formal complaint to be filed with the Council regarding revocation of the respondent’s certification.

009 Formal Complaint and Notice of Hearing. A formal complaint and notice of hearing before the Council will be served on the respondent by mailing a copy of it by certified mail, return receipt requested, to the respondent’s last known address or as otherwise provided by law, which may include personal service. The notice will comport with the requirements of Neb.Rev.Stat. §84-913. The hearing will be held within sixty (60) days from the date of the filing of the formal complaint, unless a continuance is granted for good cause by the Council or the presiding officer.

009.01 There will be a notice in large type or some other manner so as to be noticeably different from the type face of the rest of the complaint and hearing notice that failure to appear for a requested prehearing conference will result in sanctions being levied against the party failing to appear. Such sanctions may include, but are not limited to, a levy of costs incurred up to that point in the case and the entry of order recommending revocation of the respondent’s certificate.

009.02 All proceedings will be conducted in accordance with the Administrative Procedure Act, Neb. Rev. Stat. §84-901 et seq. and with Title 79 of the Nebraska Administrative Code, Chapter 4, as they relate to the pleadings, notice, ex parte communications, prehearing conferences, discovery and the progression of the actual contested case at hearing.

010 Answer. The respondent will have twenty (20) days from the date of service to file an answer.

010.01 The answer will contain the following information:

1. Name and address of the respondent

2. Specific statements regarding any and all allegations in the complaint and notice which will be in the form of admissions, denials, explanatory remarks, or statements of mitigating circumstances and any additional facts or information the respondent deems relevant and which may be of assistance in the ultimate determination of the case.

010.02 The answer may contain the following:

1. A waiver of a contested hearing

2. A request for a formal hearing before the Council

3. Request for a closed hearing, along with a statement showing good cause for the request

4. Request for a continuance, along with a statement showing

good cause for the continuance

5. Request for a prehearing conference

010.03 If no answer is filed within the limited time, or if the answer raises no issue of fact or law, the matter may be disposed of by the Council as set out in section 010.08 of this chapter.

011 Prehearing Conference. Not fewer than thirty (30) days before the date set for hearing, a prehearing conference may be held. The Chairperson or an individual so designated by the Council will serve as the hearing officer and will preside over this hearing and may make any rulings consistent with this section. The request for a prehearing conference may be brought by either party or by the hearing officer. The prehearing conference may be held electronically. The hearing officer may direct the parties to appear at a specified place and time to:

a. Simplify the issues

b. Amend the complaint and/or answer

c. Exchange lists of witnesses

d. List, number, and review exhibit

e. Stipulate to agreed facts, if any

f. Enter into other stipulations as may be necessary

g. Request a continuance, upon a showing of good cause

h. Make requests for witnesses to be subpoenaed

i. Make such requests as deemed appropriate regarding discovery as

allowed under Neb.Rev.Stat. §84-914 et seq. to the Commission

The hearing officer will act on the requests and forward to the Executive Director of the Commission any and all requests for subpoenas. The hearing officer will summarize the prehearing conference in an order. The order will be mailed to petitioner and respondent and any counsel of record.

012 Hearing Procedure in a Contested Case

012.01 The Council will act as the Hearing Board in the matter. The Council sitting as the Hearing Board will have a legal representative to rule on all questions of law that may arise in the course of the prehearing conference and the hearing and to assist in the preparation of the findings of fact and conclusions of law to be transmitted to the Commission.

012.02 The Commission will designate an attorney to present the case for the revocation on behalf of the petitioner. The designated counsel will prosecute the case through the administrative process. In the event that an appeal is taken before the Nebraska courts, the Commission will request that the Attorney General appoint a member of that office to represent the Commission.

012.03 The petitioner and respondent will have all rights and responsibilities afforded each party in a contested case under Neb.Rev.Stat. §84-901 et seq., the Administrative Procedures Act and Title 53 of the Nebraska Administrative Code, Chapter 4.

012.04 The officer in question is entitled to be represented by counsel at his or her own expense at the hearing. Counsel for the respondent will enter a written notice of appearance at the earliest opportunity. Retention of, or representation by, an attorney less than ten (10) days prior to the formal hearing will not constitute good cause for a continuance without a showing of extenuating circumstances.

012.05 The proceedings of the formal hearing will be recorded by mechanical or electronic means. The recordings of the proceedings will be kept for at least (4) years from the date of the final decision of the Commission.

012.06 Default Procedure. A failure to appear at a formal hearing will be deemed to be an admission of the facts alleged in the complaint. The Council upon submission of evidence by the petitioner will render its findings of fact, conclusions of law and recommendation upon the evidence submitted by the petitioner. Such evidence may include, but is not limited to, affidavits stating relevant information, investigative reports, and pleadings filed in the case.

012.07 A revocation of a certification by the Commission which is based on a default will be set aside only by a showing of good cause regarding the respondent’s failure to appear at the scheduled formal hearing.

012.08 After receiving all evidence and hearing all testimony in the case, the Council will make a recommendation regarding revocation and will make written findings of fact and conclusions of law. Exhibits relied upon or referred to in the Findings of Fact and Conclusions of Law will be forwarded to the Commission as part of the reported findings. The findings and recommendation will be submitted to the Commission for final review at its next quarterly meeting.

012.09 At the quarterly meeting of the Commission following submission of the Council’s findings, the hearing transcript, exhibits and hearing file, the Commission will, concomitant with Neb.Rev.Stat. §81-1403, either dismiss the complaint to revoke the certification or revoke the certification upon a finding by clear and convincing evidence that the certificate should be revoked. The Commission will be bound by its normal rules of operation as defined by Neb.Rev.Stat. §81-1415 et seq. The Commission’s review of the Council’s action will be de novo on the record.

013 The Commission will reduce its decision to writing, to include its findings of fact and conclusions of law and send a copy of its decision to the respondent via

certified or registered mail, return receipt requested, to the respondent’s last known address. Copies of the decision will be sent to the attorneys representing the petitioner and the respondent. The decision shall be sent within sixty (60) days after it is filed by the Commission.

014 Appeal Process. Appeals will be filed in accordance with Neb. Rev. Stat. §84-901 et seq. and Title 53 of the Nebraska Administrative Code, Chapter 4.

015 Voluntary Surrender of Certificate. Once an informal complaint has been filed with the Executive Director or a formal complaint has been filed before the Council, the respondent may voluntarily surrender his or her law enforcement certificate.

015.01 The voluntary surrender of certificate will state in writing that the respondent knowingly admits or knowingly does not challenge or contest the truth of the information alleged in either the informal or formal complaint and waives all proceedings against him or her in connection therewith and waives all notice of such proceedings.

015.02 Upon receipt of the voluntary surrender of certificate, the matter will be placed before the Council for its consideration at the next available meeting. The Council will either accept or reject the surrender of certificate based upon the appropriate provisions of this chapter and Neb. Rev. Stat. §81-1403(6). The matter will then be submitted to the Commission for further action.

015.03 If the voluntary surrender of certificate is accepted by the Council and Commission, then the respondent will no longer meet the requirements set out in Neb. Rev. Stat. §81-1401.

015.04 A voluntary surrender of certificate will not terminate the revocation process unless an appropriate order is entered by the Commission. An order accepting the voluntary surrender of certificate will have the same force and affect as an order revoking the respondent’s certificate.

016 If any section of this act or any part of any section is declared invalid or unconstitutional, such declaration will not affect the validity or constitutionality of the remaining portions thereof.

017 The Director will report any revocation, relinquishment or suspension of any Nebraska Law Enforcement certificate to a national recognized decertification data base(s) as approved by the federal Department of Justice.

History

• Effective 2023-05-17

Chapter 10 Tribal Officer Limited Certification.

Neb. Admin. Code tit. 79, ch. 10 Tribal Officer Limited Certification. {#sec-79-nac-10 omnilex-key=us-ne-regs-official--title-79--79 NAC 10}

001 Purpose – To prescribed policies and procedures for Tribal Officer Limited Certification as provided by NEB. REV. STAT. §81-1414(2).

002 Scope – Applicable to all tribal law enforcement agencies, the Council and the Training Center.

003 Reference – State Statute 81-1414(2)

004 General – Indian tribal governments whose lands are located within the boundaries of the State of Nebraska can make application to have their officers obtain limited law enforcement certification provided they are Bureau of Indian Affairs certified tribal law enforcement officers.

005 Application Procedure – The tribal governing body may make application by submitting the following documentation:

005.01 Documentation of successful completion of training and certification from the Federal Law Enforcement Training Center Bureau of Indian Affairs Basic Police Training Program:

005.02 Completed Training Center forms:

005.02A TC001 – Personnel Change-In-Status Report:

005.02B TC003 – Application for Training,

005.02C TC006 – Authority to Release Information,

005.02D Four completed fingerprint cards,

005.02E A copy of the applicant’s birth certificate,

005.02F Character Affidavit, and

005.02G Code of Ethics.

005.03 Eligibility – Tribal Law Enforcement officers must meet the following admission requirements as set forth by State Statute and the Council.

005.03A Successful completion and certification from the Federal Law Enforcement Training Center Bureau of Indian Affairs Basic Police Training Program;

005.03B Meet the admission requirements addressed in Title 79, Chapter 8 paragraphs 005.01A through 005.01Q.

006 The curriculum for the Tribal Officer Certification Course shall be approved by the Council

006.01 Training for the Tribal Officer Certification Course shall be conducted by the Training Center or other certified academy.

007 Issuance of a Tribal Law Enforcement Certificate: The Council shall issue a certificate titled “Tribal Officer Limited Certification” attesting to the successful completion of the training course presented by the Training Center or other certified Training School. Successful completion is based upon certification training evaluation standards set forth in Title 79, Chapter 5.

008 Tribal Officer Certification Status – The certification issued by the Council shall be limited to tribal officers enforcing the laws of the State of Nebraska within the tribal boundaries and shall remain effective only as long as the individual officer remains employed as an officer by the tribal authority.

009 It shall be the responsibility of the chairperson of the governing tribal body or law enforcement administrator, or other person responsible for the employment, promotion or termination of a Tribal Law Enforcement Officer to comply with Title 79, Chapter 2, and Title 79, Chapter 4.

History

• Effective 2005-06-26

Chapter 11 Firearms Certification Standards

Neb. Admin. Code tit. 79, ch. 11 Firearms Certification Standards {#sec-79-nac-11 omnilex-key=us-ne-regs-official--title-79--79 NAC 11}

001 Purpose : (1) To establish annual firearms certification standards and procedures for all certified law enforcement officers in the state as required by State Statute 81-1412; (2) to establish procedures governing the certification and recertification of firearms instructors in this state; and (3) to establish annual patrol rifle procedures governing the certification and re-certification of law enforcement officers, and patrol rifle instructors in this state.

002 Scope : Applicable to all certified law enforcement officers and reserve officers actively working for Nebraska law enforcement agencies and to individuals exercising law enforcement powers under special deputy status and their respective agencies.

003 Reference : State Statutes; 81-1401, 81-1403, 81-1412 through 81-1412.02, 81-1443 and Title 79, Chapter 1, and Chapter 4.

004 General : The following rule and regulation is established to meet the requirements set forth in State Statute 81-1412 that all law enforcement and Reserve officers successfully qualify on a handgun and patrol rifle qualification course approved by the Council.

As part of this statutory mandate, the Council recognizes the need to insure that such firearms training and qualification is provided by instructors who are proficient in the use of firearms and knowledgeable in the areas of current training techniques and the legal issues surrounding the use of firearms in the performance of law enforcement duties. In order to insure that firearms training and qualification courses are conducted by qualified law enforcement instructors, the Council has established Firearm Certification and Re-certification Standards for Nebraska Firearms Instructors.

005 Procedure :

005.01 Annual Certification

005.01A Qualification Course:

(1) All appointed law enforcement officers and reserve officers employed by a law enforcement agency, and individuals exercising law enforcement duties under a special deputy status shall qualify at least once every calendar year on a fifty round handgun course as established by the Council. Only the Council-approved qualification course will be considered as the annual Handgun Qualification Course.

(1A) The Council-approved course shall consist of a handgun course where the individual shoots fifty rounds of ammunition at a prescribed target which shall be the Federal Bureau of Investigation’s "Q" target. The Council-approved course for annual certification is attached to this rule and regulation and is hereby incorporated into this chapter.

(1B) In order for an individual to qualify on the Council-approved qualification course, the individual must receive a passing score of seventy percent or higher on the course. To calculate the qualification score, the certifying instructor shall take the number of shots fired that actually strike the "Q" portion or silhouette of the target and divide that number by the total number of shots fired during the course (i.e., 50) to derive the scoring percentage. If an individual’s scoring percentage is less than seventy (70) percent, that individual has failed to qualify on the course.

(1C) The status and/or limitation of an individual who fails to qualify in a calendar year shall be determined by the Council in accordance with section 009 of this chapter.

(2) All appointed law enforcement officers and reserve officers employed by a law enforcement agency and individuals exercising law enforcement duties under a special deputy status, who utilize a patrol rifle, shall qualify at least once every calendar year on a fifty round patrol rifle course that meets or exceeds the Council-approved parameters for a patrol rifle qualification course.

(2A) The Council-approved course shall consist of a patrol rifle course where the individual shoots fifty rounds of ammunition at a prescribed target which shall be the Federal Bureau of Investigation’s "Q" target or similar target.

(3)The Council-approved Handgun Qualification Course shall only be administered and scored by qualified Nebraska Firearms Instructors who are employed by law enforcement agencies or agencies that exercise law enforcement duties conveyed upon them by state deputy sheriff status.

a. In order to be considered as a qualified firearms instructor and/or patrol rifle instructor, the individual must be certified as an instructor in accordance with this chapter.

b. A certified firearms instructor may annually certify himself/herself on the Council-approved Handgun Qualification Course provided the firing of the course is administered, witnessed and scored by another certified law enforcement officer who has already qualified for that calendar year on the Handgun Qualification Course.

005.01B Handguns:

(1) Individuals shall qualify with a handgun of the same make and model as the handgun which is the primary duty handgun to be carried by the individual while he/she is on duty.

(2) For those individuals who are not authorized to use a handgun in the performance of his/her duties, they shall qualify with only a handgun which meets Training Center standards which includes 38 caliber revolvers, 357 revolvers, 45 or 40 caliber pistols, or 9 mm or 10 mm pistols.

005.01C Rifles:

(1) Individuals who are authorized by their agency to carry a patrol rifle shall qualify with a rifle of the same make and model as the patrol rifle which they are authorized to carry while he/she is on duty.

005.01D Agency Reporting:

(1) The individual in charge of any agency employing law enforcement officers, regardless of whether that officer is considered full-time, part-time, or reserve, or an individual exercising law enforcement duties under a special deputy status, shall submit to the Council an Agency Firearms Qualification Report of those individuals employed by his/her agency and whether those individuals passed or failed to qualify on the handgun qualification course and/or patrol rifle qualification course.

a. Agency Firearms Qualification Reports shall be on file no later than December 31 of that calendar year. An agency will be deemed to be in a noncompliance status if the Agency Firearms Qualification Report is not received by the Training Center by January 7 of the next year and subject to fines for each day that the agency is deemed to be in such status. The Director shall report to the Council at its next regular meeting all of the agencies that are in a noncompliance status regardless of the reason.

(2) The Agency Firearms Qualification Report form (TC-045) shall include the following: the agency’s name, the name of each appointed law enforcement officer or individual exercising law enforcement duties under a special deputy status, whether the individual passed or failed the qualification course, the name and agency of the certified instructor who administered the course, the date the qualification course was conducted, and the type of handgun and/or patrol rifle the individual used for qualification, the certifying signature of the individual in charge of submitting the form and in the case of a firearms instructor’s qualification, the name of the officer who witnessed and administered the course.

(3) Failure to comply with the reporting requirements will result in a fine of one hundred dollars for each day of noncompliance.

(4) The Training Center shall maintain all Agency Firearms Qualification Report forms for that calendar year. However, each law enforcement agency is responsible for the maintenance of its own Firearms qualification records.

006 Firearms Instructor Certification and Recertification

006.01 The Council shall establish a training course for firearms instructors in the state of Nebraska which will be offered by the Training Center as needed. The Council-approved Firearms Instructor Course shall include, but not be limited to, the following subjects:

A. Course objectives

B. Range safety and commands

C. Handgun training

D. Basic marksmanship

E. Techniques of instruction (students will be expected to write and present a lesson plan)

F. Sight in

G. Shot analysis

H. Shooting problems

I. Review of weapon nomenclature for revolver’s, semi-automatic pistols & shotguns

J. Care, maintenance and handgun inspection

K. Ballistics

L. Shooting positions

M. Handgun shooting courses, including the Council-approved Annual Handgun Qualification Course

N. Long gun training

O. Night firing

P. Practical line exercises

Q. Exertion courses

R. Ammunition selection

S. Completion of written examinations and

T. Successfully completing the Council-approved Handgun Qualification Course

U. Successfully complete a 12-hour apprenticeship with the certifying academy. Officers employed by agencies with an academy may conduct the apprenticeship with their academy agency regardless of certifying academy.

006.02 A student who satisfactorily completes the Firearms Instructor’s Course will be issued a certificate, which will be valid to the end of the third calendar year from the date of certification. An instructor who possesses a valid certificate can conduct and administer the State’s annual Handgun Qualification Course as well as other firearms training.

006.02A Nebraska Firearms Instructor Certification may also be awarded to law enforcement officers or individuals exercising law enforcement duties under a special deputy status who have attended and successfully completed other recognized law enforcement training programs including but not limited to programs offered by the Federal Law Enforcement Training Center, or the Federal Bureau of Investigations other government training programs and some private training programs. Applications for this certification process are submitted to the Training Center. The Training Center shall review the application in comparison to the current certification curriculum. The application shall be placed on the Council’s agenda with a recommendation for or against approval by the Director.

006.02B To be considered by the Council, the outside instructor’s course must meet or exceed the Council-approved instructor’s course as conducted by the Training Center. Applicants will be required to submit supporting documentation along with the request for certification. All applications will be considered on a case-by-case, individual basis.

006.03 Before the end of the third calendar year after the initial firearms instructor’s certification and within every three full-calendar years thereafter, the individual instructor shall attend and successfully complete a firearms instructor’s recertification course that is approved by the Council. Such recertification training is necessary in order to be continued to be recognized as a Nebraska Certified Firearms Instructor.

006.03A The Training Center will conduct the recertification course on an annual basis. The Firearms Instructor Recertification Course shall be at least eight (8) hours in length and include, but not be limited to the following topics: course orientation, current legal issues, teaching strategies, safety and maintenance updates and open forum discussion on firearms topics.

006.03B Recertification training that is provided by an agency not affiliated with the Training Center may be considered in determining whether the individual instructor has met the recertification standard. Attendance and successful completion of training programs including, but not limited to, programs offered and conducted by Smith and Wesson Company, Glock, Inc., Federal Law Enforcement Training Center, Glynco, Georgia, or the Federal Bureau of Investigations may be reviewed by the Council in order to determine whether the course meets or exceeds the recertification requirements. Applications for this recertification process should be made to the Council, through the Training Center; applicants must submit supporting documentation along with the request. Each application will be considered on a case-by-case, individual basis.

006.03C If the Council determines that the recertification course offered by an outside agency meets or exceeds the Council’s approved course, the instructor shall have his/her Firearms Instructor Certificate renewed for three years.

006.04 Applicants for Firearms Instructor Training must successfully qualify on the Nebraska State Handgun Qualification Course with a minimum score of ninety percent (90%) to be accepted into either the Firearms Instructor Course or the Firearms Instructor Recertification Course. Applicants in either the Firearms Instructor Course or the Firearms Instructor Recertification Course must successfully complete all course assignments including scoring an eighty (80) percent on a written examination and a ninety (90) percent on the Council-approved Firearms Instructor Qualification Course.

006.05 Instructors who do not successfully complete the recertification course within the prescribed time shall no longer be recognized as a firearms instructor in the state of Nebraska unless an extension has been granted by the Council pursuant to section 008.

006.06 In situations where a firearms instructor’s certification has lapsed and/or no extension has been granted, the individual’s original Firearms Instructor’s Certification becomes void and the individual must again attend and successfully complete the Firearms Instructor Course.

007 Patrol Rifle Instructor Certification and Recertification

007.01 The Council shall establish a training course for patrol rifle instructors in the state of Nebraska which will only be offered by Nebraska Training Academies as needed. Those officers attending the Patrol Rifle Instructor’s Course must have successfully completed the Firearms Instructor’s Course to attend. The Council-approved Patrol Rifle Instructor Course shall include, but not be limited to, the following subjects:

A. Course objectives

B. Range safety and commands

C. Patrol Rifle training

D. Basic marksmanship

E. Techniques of instruction (students will be expected to write and present a lesson plan)

F. Sight in – Zero rifles

G. Shot analysis

H. Shooting problems

I. Review of weapon nomenclature for patrol rifle

J. Care, maintenance and rifle inspection

K. Ballistics

L. Shooting positions

M. Rifle shooting courses

N. Low light techniques

O. Practical line exercises

P. Exertion courses

Q. Ammunition selection

R. Completion of written examinations and

S. Successfully completing a Patrol Rifle Qualification Course meeting the Council approved parameters.

007.02 Student who satisfactorily completes the Patrol Rifle Instructor’s Course will be issued a certificate, which will be valid to the end of the third calendar year from the date of certification. An instructor who possesses a valid certificate can conduct and administer a Patrol Rifle Qualification Course as well as other firearms training.

007.02A Nebraska Patrol Rifle Instructor Certification may also be awarded to law enforcement officers or individuals exercising law enforcement duties under a special deputy status who have attended and successfully completed other recognized law enforcement training programs including but not limited to programs offered by the Federal Law Enforcement Training Center, or the Federal Bureau of Investigations. Applications for this certification process are submitted to the Training Center. The Training Center shall review the application in comparison to the current certification curriculum. The application shall be placed on the Council’s agenda with a recommendation for or against approval by the Director.

007.02B To be considered by the Council, the outside instructor’s course must meet or exceed the Council approved instructor’s course as conducted by the Training Center. Applicants will be required to submit supporting documentation along with the request for certification. All applications will be considered on a case-by-case, individual basis.

007.03 Before the end of the third calendar year after the initial patrol rifle instructor’s certification and within every three full-calendar years thereafter, the individual instructor shall attend and successfully complete a patrol rifle instructor’s recertification course that is approved by the Council. Such certification training is necessary in order to be continued to be recognized as a Nebraska Certified Patrol Rifle Instructor.

007.03A The Nebraska Law Enforcement Training Center and all other Law Enforcement Training Academies conducting firearms certification courses will conduct the recertification course on an annual basis. The Patrol Rifle Instructor Recertification Course shall be at least eight (8) hours in length and include, but not be limited to the following topics: course orientation, current legal issues, teaching strategies, safety and maintenance updates and open forum discussion on firearms topics.

007.03B Recertification training that is provided by an agency not affiliated with the Nebraska Law Enforcement Training Center may be considered in determining whether the individual instructor has met the recertification standard. Attendance and successful completion of training programs including, but not limited to, programs offered and conducted by Smith and Wesson Company, Glock, Inc., Federal Law Enforcement Training Center, Glynco, Georgia, or the Federal Bureau of Investigations may be reviewed by the Council in order to determine whether the course meets or exceeds the recertification requirements. Applications for this recertification process should be made to the Council, through the Training Center; applicants must submit supporting documentation along with the request. Each application will be considered on a case-by-case, individual basis.

007.03C If the Council determines that the recertification course offered by an outside agency meets or exceeds the Council’s approved course, the instructor shall have his/her Patrol Rifle Instructor Certificate renewed for three years.

007.04 Applicants must successfully qualify on the approved Patrol Rifle Qualification Course utilized by the certifying agency with a minimum score of ninety percent (90) to be accepted into either the Patrol Rifle Instructor Course or the Patrol Rifle Instructor Recertification Course Students in either the Patrol Rifle Instructor Course or the Patrol Rifle Instructor Recertification Course must successfully complete all course assignments including scoring a ninety percent (90) on the approved patrol rifle instructor qualification course utilized by the certifying agency and eighty (80) on the written examination.

007.05 Instructors who do not successfully complete the recertification course within the prescribed time shall no longer be recognized as a Patrol Rifle Instructor in the state of Nebraska unless an extension has been granted by the Council pursuant to section

007.06 In situations where a patrol rifle instructor’s certification has lapsed and/or no extension has been granted, the individual’s original Patrol Rifle Instructor’s Certification becomes void and the individual must again attend and successfully complete the Patrol Rifle Instructor Course.

007.07 Every three years commencing in 1990, the Training Center, after consultation with firearms instructors in the State of Nebraska, shall make recommendations to the Council regarding curriculum revisions on the Firearms and Patrol Rifle Instructor and Recertification Courses.

008 Waivers of Annual Qualification and Extensions of Instructor Recertification

008.01 Waiver of Annual Handgun Qualification: Agency administrators or the individual officer may request that the Council grant a waiver of the annual handgun qualification requirement The request for a waiver may be submitted on the agency qualification report to the Training Center or by letter to the Council. Persons may receive a waiver of the annual handgun qualification for an extreme hardship and/or when officers are on an extended leave of absence from the agency.

008.01A The request for waiver must include the following information:

008.01A(1) The conditions under which the waiver is being requested, for example, military duty, medical, extended leave of absence.

008.01A(2) The type of illness and or injury if the condition is medical.

008.01A(3) The date the condition first became effective and the date the condition ended if it did end in the same calendar year.

008.01B Unless a waiver is granted, any officer working as a law enforcement officer is required to demonstrate he/she has attended firearms training and successfully passed the Nebraska State Handgun Qualification prior to conducting any of the duties of a law enforcement officer.

008.01C Waivers granted by the Council shall apply to the qualification requirements for that calendar year. Continuing hardships shall require a new request for a waiver for each year.

008.01D All requests for waivers from the preceding year must be received by the Council no later than the 1st day of February of the next calendar year for consideration of the waiver request. Any submitted request will be considered at the next scheduled Council meeting.

008.01E In all cases of requesting a waiver of the annual handgun qualification requirement or requesting an extension of the recertification deadline, the burden of proof shall be on the requesting party to establish by a preponderance of the evidence that the individual falls within the purview of the enumerated exceptions.

008.02 Extension of Recertification Qualification: An individual Firearms and/or Patrol Rifle instructor may request an extension of the three-year recertification requirement when he/she was unable to attend the Recertification Course due to active duty commitment with the armed forces, has a documented medical condition that prohibits recertification, when the agency has a demonstrated agency emergency or when the individual has an agency-approved leave of absence that prevents the instructor from attending the Recertification Course. In cases where an extension is granted, the instructor must attend the next available Recertification Course or must complete the Recertification Course or its equivalent within one year from the date of the extension. If such recertification training is not completed in that time, the individual’s Firearms Instructor Certificate and/or Patrol Rifle Instructor Certificate shall become void and no other extensions shall be granted by the Council.

009 Law Enforcement Status

009.01 An individual who does not qualify on the Council-approved Handgun Qualification Course within the calendar year or has not been granted a waiver shall have his/her law enforcement certificate or reserve certificate suspended.

009.01A The Director or designee shall report to the Council all persons who failed to qualify on the annual Handgun Qualification Course and have not requested a waiver from the Council at the Council’s January meeting of that next calendar year. The Director shall suspend the certificate of any officer who has not completed the qualification course or requested a waiver after February 1st.

009.01B The individual who fails to qualify shall continue to have his/her certification suspended until he/she successfully passes the State Handgun Qualification Course and provides supporting documentation that contains the information specified in section 005.01C(2) of this Chapter, and meets the conditions set forth in Title 79, Chapter 4, Section 004.04B(4)(a)-(d).

009.01C Makeup handgun qualifications where an officer is suspended for not completing requirements in a calendar year shall be credited to that calendar year’s qualification requirements. An officer completing a makeup handgun qualification for the previous calendar year shall be required to complete an additional handgun qualification for the existing calendar year.

009.02 Decertification eligibility: Any individual who fails to qualify on the Council-approved Handgun Qualification Course for two (2) consecutive calendar years, where waivers have not been granted for those years, evidences conduct which is indicative of incompetence, neglect of duty and physical, mental and emotional incapacity to perform the duties of a law enforcement officer or reserve officer in this state and will constitute grounds for revocation of his/her law enforcement certificates as addressed in either Neb. Rev. Stat. §81-1403 and Title 79, Nebraska Administrative Code, Chapter 9.

History

• Effective 2017-07-22

Chapter 12 Administration of Higher Education Cooperative Certification/ Pre-Certification Programs

Neb. Admin. Code tit. 79, ch. 12 Administration of Higher Education Cooperative Certification/ Pre-Certification Programs {#sec-79-nac-12 omnilex-key=us-ne-regs-official--title-79--79 NAC 12}

001 Purpose – To establish rules and procedures for the administration of cooperative certification/pre-certification programs.

002 Scope – All higher education schools participating in a law enforcement cooperative certification/pre-certification program, the Council, the Director, the Training Center, training academies

003 References – State Statutes 81-1401, 81-1403, 81-1404, 81-1406, Title 79, Chapter 1, Chapter 5, Chapter 8

004 General – This program is to provide a system where higher education students interested in a career in law enforcement can complete a course of study towards a degree and complete academy training as part of a cooperative certification program, pre-certification program, or combination of both. The Council may direct that such programs be established based upon the capability of the Center to administer the programs. The following procedures shall be followed for the administration of law enforcement cooperative certification/pre- certification programs in the State:

004.01 Police Standards Advisory Council

The Council shall:

004.01A Establish standards for schools and academies for participation in cooperative certification/pre-certification programs.

004.01B Approve application processes for training schools and academies.

004.01C Approve all training schools and academies for participation in such programs on an annual basis

004.01D Establish enrollment allocations, tuition and fee rates for all academy cooperative certification/pre-certification programs.

004.01E Approve all additions, changes, and deletions of learning and performance objectives to the State basic curriculum.

004.01F Approve the learning objectives to be incorporated into pre-certification programs by training schools.

004.01G Approve academy pre-certification basic training curriculum.

004.02 Director

The Director shall:

004.02A Recommend learning objectives to be taught by the training schools in pre-certification programs to the Council.

004.02B Present the pre-certification curriculum to the Council for approval.

004.02C Serve as the academy registrar for all cooperative certification students.

004.02D Develop cooperative certification/pre-certification application processes for schools and academies and submit them to the Council for approval.

004.02E Make recommendations regarding enrollment allocations to academies for students.

004.02F On an annual basis review school and academy performances, prepare reports, and make recommendations to the Council regarding continued participation in programs set out in this chapter.

004.02G Provide for a staff member to serve as a liaison to schools and academies participating in programs established as provided in this chapter.

004.02H Provide for the development and administration of an academy admission pretest for pre-certification students.

004.02H(1) The pretest shall be comprised of questions that are related to the State curriculum learning objectives taught in the pre-certification course. The pretest shall be developed from questions from the State curriculum test banks of the Center. The pretest shall be constructed to ensure that questions relevant to learning objectives from each topic area taught in the pre-certification course are included in the test.

004.02H(2) The Director shall have at least two separate forms of the pretest developed for pre-certification testing.

004.02H(3) A score of seventy percent (70%) or higher shall be a passing score for the pretest.

004.02H(4) A person participating in a pre-certification program may take a pretest two times within twelve months. A person failing to obtain a passing score after two attempts shall not be eligible for admission to the pre-certification course. Such persons may make or continue to make application to attend the complete academy course.

004.02H(5) The Director shall provide for:

004.02H(5)(a) Security to attempt to avoid compromise of the pretest.

004.02H(5)(b) Testing dates and sites to reasonably accommodate pre-certification students.

004.02H(5)(c) Notification to students and training schools of the student’s test results.

004.02I Report the status of programs established as provided in this section to the Council on an annual basis to include:

004.02I(1) Number of students enrolled in and completing programs.

004.02I(2) An evaluation of each participating school and or academy that includes:

004.02I(2)(a) Conformance to standards, rules and policies.

004.02I(2)(b) Any identified deficiencies and specific plans to correct the deficiencies.

004.02I(2)(c) Percentage of students completing the degree/certification program by individual school.

004.02I(2)(d) When relevant, numbers of students passing and failing the pre-certification test and or academy training by individual school or academy.

004.02I(2)(e) A recommendation to approve each school or academy for participation in the cooperative certification/pre-certification program for the continuing year.

004.02J Make recommendations to the Council regarding tuition rates, testing fees, and application fees for cooperative certification/pre-certification applicants on an annual basis.

004.02K Approve or deny all student admissions based upon minimum standards to become a certified law enforcement officer.

004.02L Issue diplomas for the completion of training to students who have successfully completed a cooperative certification/pre-certification training program and are eligible for certification in the State.

004.03 Training Schools

Schools participating in a cooperative certification program shall:

004.03A Submit annually to the director or his/her designee an application as approved by the Council for the establishment of a cooperative certification program. Such application will require:

004.03A(1) A description of the general program of study and how academy attendance relates to the general program, to include the number of college credit hours assigned to successful completion of academy certification training and any degree awarded.

004.03A(2) Submission with application and update as changes occur of the name and means of contact of liaison personnel.

004.03A(3) Agreement to cooperate fully in admission requirements for certification program students.

004.03A(4) Agreement that cooperative certification program student must abide by the rules and regulations pertaining to admission requirements, attendance priorities, academic evaluations, and conduct/discipline while attending an academy.

004.03B Submit annually to the director or his/her designee an application as approved by the Council for the establishment of a pre-certification program. Such application shall require:

004.03B(1) A description of the general program of study which incorporates learning objectives required by the Council, and disclosing the number of college credit hours assigned to successful completion of such program of study and any degree obtained.

004.03B(2) A list of all courses containing Council required learning objectives listing the learning objectives covered in each course.

004.03B(3) Submission with application and updated as changes occur of the name and means of contact of liaison personnel.

004.03B(4) Agreement to cooperate fully with the academy in preparing students in pre-certification programs for admission to the academy.

004.03C Incorporate Council required training objectives into a course of pre-certification study.

004.03D Provide student counseling in relation to the degree/certification program and law enforcement as a career. The counseling program shall address the following:

004.03D(1) The essential job task functions of a law enforcement officer.

004.03D(2) The minimum standards for law enforcement certification and admission to a training academy.

004.03D(3) The standards and rigors of law enforcement certification academy training.

004.03D(4) The academy standards for academic and skills testing which the student must meet.

004.03D(5) The pre-certification test requirements for admission to an academy under the school’s pre-certification program.

004.03D(6) The academic standards of an equivalent grade of C or better in course work related to the pre-certification learning objectives.

004.03D(7) The completion of the application process to attend the academy.

004.03D(8) The costs, equipment and materials needed to attend the academy.

004.03E Provide verification to the Center of a student/applicant’s academic completion and grades in all courses where learning objectives are taught. (Only schools in 004.04A(1))

004.03F Enter into an agreement with all participating academies dealing with administrative aspects of the cooperative certification program not covered in this chapter.

004.04 Academies

Academies other than the Center may participate in a cooperative certification/pre-certification program where the academy provides basic certification training to students who are not employed by a law enforcement agency or an agency where employees exercise law enforcement powers. Academies participating in a cooperative certification/pre certification program shall:

004.04A Meet the standards established by the Council in Chapter (16), Certification of Law Enforcement Academies.

004.04B Enter into a contract with the training school dealing with administrative aspects of cooperative certification students not covered in this chapter.

004.04C Council approved training academies shall submit a request to conduct a cooperative certification or pre-certification basic training class to the Council. The request shall identify the proposed dates of and number of students the academy wants to enroll in the class. The Council shall approve or deny the request on a case-by-case basis and set the enrollment size of the class and tuition.

004.04D Academies can contact training schools to enroll students for the Council approved pre-certification class. Pre-certification students must complete their application to attend an academy through the Training Center. Academies can only enroll students who have completed their application process and have been approved by the Center.

004.04E Academies shall provide the Center a report of student performance during the training program to include academic and performance failures. Academies shall provide the Center a report of all students successfully completing the training course so the Director can issue students diplomas.

004.05 Students

004.05A Pre-certification students must:

004.05A(1) Have been enrolled in a training school approved by the council for conducting a pre-certification course.

004.05A(2) Have maintained a “C” average in all pre-certification courses in which Council required training objectives are taught.

004.05A(3) Arrange with the training school for a transcript of grades to be forwarded to the academy.

004.05A(4) Meet all academy admission requirements.

004.05A(5) Take and pass with a score of 70% or higher the academy pretest for pre-certification students.

004.05A(6) Upon admission to an academy, comply with all rules and regulations pertaining to academic and discipline standards.

004.05B Cooperative Certification Students must:

004.05B(1) Be enrolled in a training school approved by the Council for conducting a cooperative certification course.

004.05B(2) Be in good standing with the training school at the time of application to the academy.

004.05B(3) Meet all academy admission requirements.

004.05B(4) Upon admission to the academy, comply with all rules and regulations pertaining to academic and discipline standards.

History

• Effective 2005-06-26

Chapter 13 Appeals Process

Neb. Admin. Code tit. 79, ch. 13 Appeals Process {#sec-79-nac-13 omnilex-key=us-ne-regs-official--title-79--79 NAC 13}

001 Purpose - To establish a formal appeals process from decisions and actions of the Director.

002 Scope - Commission, Council, Agencies, Academies, Law Enforcement Officers, Training Schools, NLETC Students and Residents.

003 Reference – State Statute 81-1403

004 General - The following procedure shall be used to present an appeal.

004.01 Appeals of Academy Testing Failures

004.01A An aggrieved individual and or agency desiring to appeal the separation from training for academic failure shall give notice of intent to appeal to the Deputy Director of Training within seven (7) calendar days of the date the separation took effect.

004.01B The individual or agency shall provide the appeal in writing to the Deputy Director of Training within fourteen, (14) calendar days of the separation. The appeal shall present the specific reasons justifying the request for review and reconsideration. The individual or agency shall also submit a proposed resolution of the decision or action to the Deputy Director of Training for his/her consideration.

004.01C The Deputy Director of Training shall arrange to meet with or contact the individual and or agency by telephone to discuss the merits of the appeal within seven, (7) calendar days of the receipt of the appeal.

004.01D The Deputy Director of Training shall review the appeal and conduct such research as necessary to determine the merits of the appeal.

004.01E The Deputy Director of Training shall notify the aggrieved individual and or agency in writing of acceptance or denial of the appeal within fourteen, (14) calendar days of receipt of the appeal. The Deputy Director of Training shall specify in writing any conditions that are incumbent to acceptance of the appeal.

004.01F The individual and or agency may appeal the decision of the Deputy Director of Training to the Director. The individual and or agency must submit the appeal to the Director in writing within seven (7) calendar days of receipt of the Deputy Director’s decision.

004.01G The Director shall review the appeal and conduct such research as necessary to determine the merits of the appeal.

004.01H The Director shall notify the individual and or agency of his decision to accept or deny the appeal in writing within fourteen, (14) calendar days from the date of receipt of the appeal. The Director shall specify in writing any conditions that are incumbent to acceptance of the appeal. The decision of the Director is final.

004.02 Appeals of the Director’s Decisions

004.02A An aggrieved individual and or agency may appeal decisions of the Director related to admission to training, certification status, and discipline.

004.02B An aggrieved individual and or agency desiring to appeal a decision or action of the Director shall give notice of intent to appeal to the Director or his/her designee within seven (7) calendar days following the decision or action of the Director.

004.02C The individual or agency shall provide the appeal in writing to the Director within twenty-one, (21) calendar days of the Director’s decision or action. The appeal shall present the specific reasons justifying the request for review and reconsideration. The individual or agency shall also submit a proposed resolution of the decision or action to the Director for his/her consideration.

004.02D The Director will investigate and consider the written request and proposed resolution and will provide a written decision to the individual or agency within twenty-one, (21) calendar days of receipt of the appeal.

004.02E The decision of the Director may be appealed to the Council by notifying the Secretary to the Council in writing within ten, (10) calendar days of the Director’s final decision. The appeal to the Council shall be addressed to:

Police Standards Advisory Council

C/O Secretary to the Council

NLETC

3600 North Academy Road

Grand Island, NE 68801

004.02F The Secretary to the Council shall notify the individual/agency of receipt of the appeal and the date, time, and location of the Council meeting that the appeal will be heard.

004.02G The issues presented to the Council on appeal will be limited to those raised in the request for review and reconsideration as provided in section 004.02C and the Director’s written decision in response.

004.02H The Council will conduct a hearing on the appeal within sixty, (60) calendar days of receipt of the request to the Council. The individual or agency may appear at the Council meeting and present oral arguments, submit written statements, or both, in support of the grievance. The Director or his/her designee shall respond to such arguments.

004.02I Members of the Council shall recuse themselves from participating in appeal hearings that directly involve their agency, institution or personnel.

004.02J The Council shall affirm, modify or deny the decision of the Director or his/her designee. The decision of the Council is final.

History

• Effective 2005-06-26

Chapter 14 Nebraska Law Enforcement Certification Curriculum

Neb. Admin. Code tit. 79, ch. 14 Nebraska Law Enforcement Certification Curriculum {#sec-79-nac-14 omnilex-key=us-ne-regs-official--title-79--79 NAC 14}

CURRICULUM

001 Purpose – To establish minimum curriculum requirements for law enforcement certification in the State.

002 Scope – Council, Director, Training Center, and Academies

003 References – State Statutes 81-1401, 81-1402, 81-1403, 81-1404, 81-1414, Title 79, Chapter 5

004 General – The Council is responsible for establishing and ensuring compliance to law enforcement training standards for certification. The following provides for the establishment of a minimum State curriculum for law enforcement certification and procedures for updating the curriculum.

005 The basic certification curriculum for law enforcement officers shall be established by the use of periodic statewide job task analyses and subject matter expert reviews.

005.01 Statewide job task analysis should be conducted at intervals not longer than eight (8) years apart.

005.02 The Director shall conduct the statewide job task analysis under the direction of the Council. The Council may use a contract vendor to perform the analysis in cooperation with the Director.

005.03 The job task analysis shall be conducted using accepted practices that ensures law enforcement agencies throughout the State are represented in the analysis.

005.04 The Director shall have prepared a curriculum that addresses the minimum training standards for law enforcement certification in the State. The Director shall prepare the curriculum using the information from the job task analysis, consulting with representatives of law enforcement from around the State and consulting with subject matter experts. The Director shall present the curriculum to the Council. The Director shall also provide a copy of the curriculum to all academy directors in the State. The curriculum shall consist of:

005.04A The identification of major topic areas in the curriculum

005.04B All classes and their titles within each of the major topic areas

005.04C The essential tasks that are required to be covered in each class.

005.04D The learning and performance objectives that are required to be covered in each class.

005.04E The criteria and standards used for evaluating non-tested performance objectives.

005.04F The amount of time the Training Center requires to present each class and the total hours required to present the curriculum.

005.04G The performance objectives that are incorporated into testing in which a student must demonstrate minimum performance to pass and receive certification.

005.04H The criteria and standards used in comprehensive testing.

005.05 The Council shall review the curriculum, request additional work from the Director if needed, and adopt the curriculum. The adopted curriculum is the basic certification curriculum for law enforcement officers. The State basic curriculum shall be the curriculum of the Training Center.

005.06 The Training Center may establish basic certification training courses that use alternative delivery methods with the approval of the Council. Such courses may vary in class time length and total hours of the State basic curriculum as set forth in 005.04G.

006 The Council adopted curriculum is the basic certification curriculum of the state.

006.01 The Director shall distribute the adopted curriculum to each academy director in the State.

006.02 Law enforcement academies are required to incorporate all essential tasks adopted in the State curriculum into their basic training curriculums. Law enforcement academies that provide basic certification training only for their agency specific employees will be allowed to incorporate the tasks into their academy basic curriculum in such manner as they deem appropriate.

006.03 Law enforcement academies are required to develop and have learning and performance objectives, as well as, lesson plans that address each essential task in the State curriculum.

006.04 Law enforcement academies are required to test on all learning objectives. The State curriculum requires performance objective testing on handgun qualification, law enforcement driving skills, emergency vehicle operations course, and defensive tactics. All academies must conduct testing in the above skills areas.

006.05 Law enforcement academies are required to develop criteria and standards used in performance objective testing other than the State mandated handgun qualification course, which shall be standardized for all students in all academies.

006.06 Law enforcement academies are required to develop evaluation criteria for all performance objectives that are not tested.

006.07 Law enforcement academies that provide basic certification training for persons other than their agency employees shall be required to use and follow the State curriculum that is presented at the Training Center. Academies under this section shall:

006.07A Incorporate the same class subjects and class titles as used at the Training Center.

006.07B Incorporate all essential tasks, learning and performance objectives in each class subject as provided at the Training Center.

006.07C Provide to the Director, lesson plans for each course of the basic curriculum that identifies where each learning and performance objective is taught and or practiced and demonstrated.

006.07D Incorporate and follow all testing standards as set forth in Title 79, Chapter 5.

006.07D(1) Provide for the testing of all learning objectives, performance objectives and comprehensive tests that require testing. Provide test banks that provide for multiple questions over the same objective.

006.07D(2) Provide to the Director the test banks that are to be used in the basic curriculum and show where each learning objective are addressed in the testing. Provide to the Director the testing criteria for performance objectives that are tested and the evaluation criteria for all performance objectives that are not tested.

007 The Council recognizes that there are frequent changes in the law and technology that have a direct influence on the duties of a law enforcement officer. It is not practical to expect the basic certification curriculum to remain static for a period of several years between job task analyses. The following system will be used to make changes to the basic certification curriculum.

007.01 The addition or deletion of essential tasks in the basic certification curriculum shall be approved by the Council.

007.01A The Director shall receive requests for changes to the essential tasks to the State curriculum from the Center staff or other academy staff.

007.01B The Director shall have the request for changes to the essential tasks researched. Such research shall include:

007.01B(1) documentation of changes in the law, body of knowledge, or technology prompting the need for a change;

007.01B(2) a review of the proposed change by content experts at the Center and other State academies, and if appropriate, what other states have in their curriculums.

007.01C The Director shall prepare a recommendation to the Council for their action. The Director shall provide to all basic certification academies in the State, in writing, notice of the proposed recommendation and the date and time of the Council meeting. Such notice shall be provided at least ten, (10) days in advance of the Council meeting.

007.02 The addition or deletion of curriculum and or hours of training to the State basic certification curriculum shall be approved by the Council. Sections 007.01A through 007.01C shall be used for any recommendation of changes in hours to the State curriculum.

007.03 The Director shall incorporate Council approved changes into the Training Center’s curriculum and shall notify all State academies of changes the Council approves to the State curriculum. Academies will be required to incorporate the Council approved changes.

History

• Effective 2005-06-26

Chapter 15 Law Enforcement Academy Instructor Certification

Neb. Admin. Code tit. 79, ch. 15 Law Enforcement Academy Instructor Certification {#sec-79-nac-15 omnilex-key=us-ne-regs-official--title-79--79 NAC 15}

TITLE 79 LAW ENFORCEMENT - POLICE STANDARDS ADVISORY COUNCIL

001 Purpose: To establish standards for certification of academy instructors.

002 Scope: Applicable to the Council, Director, and Training Academies.

003 Reference: State Statute 81-1403 and Title 79, Chapter 1

004 General: It is a goal of the Council that law enforcement academy certification training meet acceptable standards. Officers and other persons providing academy training that is prerequisite to receiving a State certification shall be certified by the Council.

005 Instructors who teach basic academy training courses that are part of the State basic curriculum shall be certified in accordance with this chapter. There are three levels of instructor certification: general, professional, and legal.

005.01 General Instructor Certification – A general instructor certification pertains to those individuals who have received instructor level training in a specific skill area as approved by the Council. The general certificate will be applicable in only those areas where the instructor has received such training.

005.02 General Instructor Minimum Qualifications

005.02A Experience: A minimum of three years law enforcement experience is required for general instructor certification. This requirement may be modified by request of an academy director or agency administrator with approval of the Council.

005.02B Education: High school graduation with a diploma or an equivalency certificate that meets the minimum score required by the State of Nebraska Department of Education.

005.02C Other Qualifications: Must have successfully completed instructor level training in the applicable skill area(s) from a training course approved by the State. Must have successfully completed any apprenticeship hours required by the State.

005.03 Professional Instructor Certification – A professional instructor certification pertains to those who instruct in areas that are more cognitive in nature and require some level of experience to be able to instruct, i.e., criminal investigations, patrol techniques, and human understanding. A professional certification will require the applicant to demonstrate experience in the subject area and to have taken and completed an instructor development course of at least 24 hours. An officer may request a waiver of the instructor development course if he or she can exhibit experience in training and or higher education equivalent to having completed an instructor development course.

005.04 Professional Instructor Minimum Qualifications

005.04A Experience: Must have at least five years of experience in the subject area to be instructed.

005.04B Education: High school graduation with a diploma or an equivalency certificate that meets the minimum score required by the State of Nebraska Department of Education.

005.04C Other Qualifications: Must have successfully completed an approved instructor development course prior to certification or received a waiver from the Council. Must have received advanced or specialized education or training in subject areas as delineated in the application.

005.05 Legal Instructor Certification – A legal instructor certificate requires that the instructor has received his/her Juris Doctor Degree and instructs legal courses such as criminal elements, arrest, search, and seizure, and use of force.

005.06 Legal Instructor Minimum Qualifications

005.06A Experience: Recommend a minimum of three years of practice in the area the instructor is going to teach.

005.06B Education: Must have a Juris Doctor Degree from an A.B.A. accredited college of law.

005.06C Other Qualifications: BAR certified to practice law.

005.07 Background: While no background investigation is required, an instructor must be recommended by the academy director and in making such recommendations, the academy director shall consider the reputation, conduct, stability and ability of the person being recommended.

006 Procedures

006.01 It is the responsibility of the academy director to insure that instructors are assigned only topics they are qualified to teach and are supervised on a regular basis to insure that instructional excellence is maintained. The evaluation and selection of persons to serve as academy instructors is the responsibility of the academy director or agency administrator.

006.02 Instructor applications shall be submitted on the approved instructor application form that can be obtained from the Training Center. Applications shall be submitted to the Director or designee for review and recommendation to the Council. Applications for instructor certification will be endorsed by the academy director and, where applicable, by the applicant’s agency head.

006.03 The Director shall establish a system of review for instructor certification requests. The review shall be conducted to ensure the applicant meets minimum qualifications in the areas of education, training, experience, and background. The Director may recommend approval or denial of an application. The Director may recommend denial of the whole application or specific topic areas based upon qualifications presented in the application.

006.04 The Director shall make a recommendation on the application to the Council. The Director shall notify the academy director of any recommendation to deny a request at least 10 days prior to the Council meeting at which the application will be acted upon.

006.05 The academy and or agency may submit additional documentation to support the application and or appear at the Council meeting to request the Council approve the application.

006.06 The Council shall approve or deny the application, in full or in part, based upon the information provided them.

006.07 The Director shall issue instructor certifications upon approval of he Council.

006.08 Instructor certifications shall be issued for a period of four years. A certificate may be renewed after four years if the instructor has instructed in an academy program during the period of certification and if the renewal is endorsed by the academy director under whose supervision he/she has instructed.

007 An instructor certification may be revoked when an instructor:

fails to meet minimum standards,

displays a lack of good moral character or behavior that adversely affects their credibility as an instructor,

displays a lack of good moral character or behavior that adversely affects the academy’s reputation,

lacks the ability to effectively communicate or instruct in the academy setting,

has his/her professional certification suspended or revoked.

007.01 The employing agency or academy director may request the revocation of an instructor certification by submitting the request to the Director in writing and including all supporting documentation.

007.02 The Director shall review the request for revocation. The Director shall inform the effected instructor in writing that his/her instructor certification has been revoked and the reasons for the revocation and their right to appeal.

007.03 A person whose instructor certification has been revoked may appeal the action before the Council.

History

• Effective 2005-06-26

Chapter 16 Certification of Law Enforcement Academies

Neb. Admin. Code tit. 79, ch. 16 Certification of Law Enforcement Academies {#sec-79-nac-16 omnilex-key=us-ne-regs-official--title-79--79 NAC 16}

001 Purpose - To prescribe procedures governing the certification of law enforcement training academies

002 Scope - Applicable to the Council, Academies, and Director

003 Reference - Neb. Rev. Stat. 81-1401(7), 81-1403(8), 81-1404(5)

004 General - The Council is responsible to review and certify State-training academies on an annual basis. The Council will have the Director annually review and inspect the operations of each academy in the State and provide a report and recommendation regarding certification to the Council.

005 Certification Requirements for Agency Academies Training Only Agency Employees and Academies which train multiple law enforcement agencies pursuant to the Interlocal Cooperation Act.

005.01 The agency head will appoint an employee as the Academy Director. The Academy Director will serve as the point of contact with the Center and Director or designee and should be the individual responsible for managing the academy and be knowledgeable of academy operations.

005.02 The Director or designee will arrange dates for inspection with the academy directors and provide fifteen days notice of the annual inspection to allow for the preparation of documents and reports.

005.03 The Director or representative(s) may conduct unannounced on-site inspections of the academy while basic training is in progress during each basic training session. These sessions may be audio recorded or videotaped for future review. The Director or representative(s) will inform the specific academy director of the audio or video recording of any training session prior to attending the training.

The academy director will provide the Director or representative(s) copies of the lesson plans being taught during the time of the inspection to review in context with the classes being taught. The Director may require additional inspections if deficiencies are identified during the inspections.

005.04 The Director will inspect and/or review the following elements during the annual inspection to ensure compliance with State Statutes and administrative rules and regulations.

005.04A The rules and regulations governing the academy

005.04B The certification-training schedule

005.04C The curriculum of the academy

005.04D The instructional staff of the academy

005.04E The facilities of the academy

005.04F The academy standards and sites for conducting physical skills testing

005.04G Samples of test question banks

005.04H Samples of lesson plans

005.04I Other operations and or documents relevant to basic certification training.

005.05 The Director will prepare a report to be placed on the Council agenda regarding certification of each academy. The Director will mail a copy of his/her report and recommendation to each academy director and agency administrator at least fourteen days prior to Council action.

006 Certification Requirements for Academies training students not employed by the academy agency.

006.01 The agency head will appoint an employee as the Academy Director. The Academy Director shall serve as the point of contact with the Center and Director or designee and should be the individual responsible for managing the academy.

006.02 The Director will arrange dates for an annual inspection with the academy directors and provide fifteen days notice of the inspection to allow for the preparation of documents and reports.

006.03 The Director or representative(s) will conduct unannounced on-site inspections of the academy while basic training is in progress during each basic training session. These sessions may be audio recorded or videotaped for future review. The academy director will provide the Director or representative(s) copies of the lesson plans being taught during the time of the inspection to review in context with the classes being taught. The Director may require additional inspections if deficiencies are identified during the inspections.

006.04 The Director or representative(s) may monitor the comprehensive practical testing as defined in Title 79, Chapter 5 at the academy to ensure that testing standards are being followed.

006.05 The Director will inspect and/or review all of the academy elements listed above in accordance with this chapter during the annual inspection. In addition, the Director shall ensure the academy’s basic certification training program is the same as the State curriculum and training program of the Center in the following areas:

006.05A All class topics in the State curriculum are being taught under the same titles in the academy curriculum in each course that are being taught at the Center. Practical application hours will be adequate to conduct all scenario based and skills development training as provided in the State curriculum.

006.05B All learning and performance objectives in the State curriculum are being taught in each class topic and are readily identified in lesson plans.

006.05C All learning objectives, performance objectives and comprehensive practicals tested in the State curriculum provided at the Center are tested in the academy under the same standards set forth in Title 79, Chapter 5.

006.05D The academy has test banks for each course that provide for test construction from multiple questions over each learning objective.

006.05E The academy has documentation demonstrating learning objectives are linked to test questions.

006.05F The academy will keep records on each student documenting academic and skills performance in addition to any incidents of violation of standards or rules.

006.05G The academy has rules and regulations that govern student academic performance and discipline that are consistent with the rules and regulations governing students at the Center.

006.05H The academy has formalized procedures to notify the Director or representative of all unacceptable non-employee student performance, including any academic and disciplinary issues, within two days of such an event.

006.05I The academy has identified all instructors who will teach at the academy and has submitted instructor certification applications for each instructor.

006.06 Any agency seeking to establish a new academy, either only for their employees or for persons outside of their agency, will submit an application to the Director with documentation of all elements listed in Section 005.03. The application will be received by the Director not less than one hundred and eighty days prior to the proposed starting date of academy training. The Director or designee will review the submitted application and conduct on-site inspections to ensure that the standards are being met and the academy has adequate facilities and skills areas for training. The Director will submit a recommendation to the Council at least ninety days prior to the proposed starting date of academy training.

006.07 The sponsoring agency will pay an initial fee as established by the Council, to the Center for the assessment of the academy. An agency that does not conduct basic training sessions for a period of more than two calendar years will be required to resubmit an initial application and pay the fee for reassessment by the Director.

006.08 The Director will prepare a report to be placed on the Council agenda with his/her recommendation for certification of each academy. The Director will mail a copy of his/her report and recommendation to each academy director and agency administrator at least fourteen days prior to Council action.

006.09 Council certification of training academies will be for the calendar year.

006.10 An academy that does not receive Council certification will not be authorized to conduct basic certification training or issue diplomas until receiving certification.

006.11 Academies receiving certification to train students who are not employees of the agency will be required to submit to the Council in writing a request to conduct a basic training session that includes:

006.11A The number of non-employee students requested for enrollment,

006.11B The tuition being requested from each student, and

006.11C All other costs being charged to the student for training.

006.12 The request must be submitted to the Council a minimum of ninety days prior to the proposed start of the basic session.

006.13 The Council will determine the number of non-employee students to be admitted to the academy and set the tuition rate per student. The Council will use the Center’s tuition rate in determining the reasonableness of the academy’s requested tuition.

History

• Effective 2023-05-17

Chapter 17 Law Enforcement Continuing Education Requirements

Neb. Admin. Code tit. 79, ch. 17 Law Enforcement Continuing Education Requirements {#sec-79-nac-17 omnilex-key=us-ne-regs-official--title-79--79 NAC 17}

001 Purpose – To establish requirements and procedures for the implementation of continuing education for Nebraska law enforcement officers and the reporting procedures for law enforcement agencies.

002 Scope – Applicable to all Nebraska law enforcement officers as defined in statute, who are on active status.

003 Reference – Nebraska Revised Statutes §§23-1701.01, 81-1401, 81-1403, 81-1404, 81-1414.07 and 81-1439.

004 General – The Council recognizes that law enforcement officers need to obtain continuing education in order to maintain their professional status and best serve their profession, the communities and the residents of Nebraska. In compliance with the referenced statutes, the Council has promulgated this chapter as a means of establishing how continuing education requirements (CE) are attained, reported, monitored and the consequences for failure to comply with this chapter and state statutes.

005 Continuing Education Requirements

005.01 Law Enforcement Officers: Law enforcement officers will complete the statutory requirements for annual continuing education as provided in Neb. Rev. Stat. §81-1414.07. Completion of the State Firearm Qualification Course shall not be included in consideration of satisfying the continuing education requirements of this chapter.

005.02 Sheriff: Each sheriff will attend annual continuing education as provided in Neb. Rev. Stat. §81-1414.07 following the first year of such sheriff's term of office.

005.03 Retiring law enforcement officers: Law enforcement officers retiring are not required to meet CE in the calendar year of their retirement unless they gain new employment as a law enforcement officer.

005.04 Officers leaving employment: If an officer leaves employment before February 1, the officer will not be required to obtain CE for that calendar year.

005.05 Officer starting employment: If an officer begins employment after November 30, he/she is not required to meet CE requirements for that calendar year.

006 Continuing Education Courses – Continuing Education (CE) hours as provided in Neb. Rev. Stat. §81-1414.07 may be obtained through in-service training programs by agencies employing the officer or through training academies. Continuing education requirements may also be obtained on-line or by attending training offered by other institutions and other organizations that provide seminars, conferences and education programs that meet the requirements of this chapter.

006.01 Regardless of the source of the continuing education, the agency employing the officer will maintain records for the individual officer and include the following information:

006.01A A summary of the course content, title and/or outline of the training course, location and time of the course, number of hours involved and a list of the instructional staff. If scores or testing scores are required as part of the offered training, they will be maintained for each individual officer attending training.

006.01B A record of attendance for each officer attending the course and the number of hours that each officer attended.

006.01C Notwithstanding any policies of the agency or institution, records required by this section shall be maintained by the agency or institution for a period of 5 years after the termination of employment for that officer.

006.02 Continuing Education hours will be awarded on an hour for hour basis (i.e., one hour of training constitutes one hour of CE) except as otherwise provided in this section.

006.02A On-line training will be awarded based upon the actual time spent covering the designated material unless otherwise specified by the course or program.

006.02B College/University credits will be awarded on a 10 hour basis for each credit hour obtained during that reporting period.

006.03 The following course or training program will not be considered as meeting the CE requirements of this chapter:

006.03A Committee or board meetings for a political subdivision or professional organization or similar meeting for policy making purposes,

006.03B Meetings or conventions of societies and associations where training is not a primary function,

006.03C Attendance at cultural, entertainment, recreational activities or programs and participation in travel groups,

006.04D Writing of articles or research reports of the presentation of reports outside of a planned, directed educational activity.

006.04 The Director of the Training Center or his/her designee will annually inspect a representative number of any agencies employing law enforcement officers throughout the State of Nebraska to ensure compliance with this chapter. Such inspection will include a review of the records required by this chapter and state law.

007 Reporting of CE Credit Hours - The continuing education status of individuals covering January 1 to December 31 of each calendar year will be reported to the Council through the Director by the end of the specific reporting period. The agency administrator or his/her designee will ensure that the CE status for all personnel covered under this chapter has been reported to the Training Center by the following deadline:

007.01 Agencies will report the CE status of all officers on the agency roster no later than December 31 of that reporting period. An agency will be deemed to be in a noncompliance if the CE report for all officers on the agency roster is not received by the Director by December 31. The agency will be subject to fines for each day that the agency is deemed to be in non-compliance. Fines will be established by the Council and acted upon in accordance with Neb. Rev. Stat. §81-1403. The Director will report to the Council at its next regular meeting all of the agencies that are in noncompliance.

007.02 When an individual fails to meet the CE requirements, the director or his/her designee will notify the agency in writing or electronically that the individual has failed to fulfill the CE requirements.

008 Waivers for Failure to meet CE credit hours for the Reporting period

008.01 An individual officer or his or her employing agency on behalf of the officer may request that the Council grant a waiver of the CE requirements for that reporting period. Written justification supporting the waiver request will be submitted to the Council in a separate letter or waiver request form. Individuals

may only receive a waiver when he/she is able to demonstrate good cause for noncompliance with this chapter.

008.01A Good cause shall only include cases of extreme hardship as defined by Title 79, Chapter 1 and for situations when the individual is on an extended leave of absence from his or her agency.

008.01B The request for waiver must include the following information:

008.01B1 The conditions under which the waiver is being requested (e.g., military duty, medical, or extended leave of absence)

008.01B2 The type of illness and/or injury if the condition is medical.

008.01B3 The date the condition first became effective and the date the condition ended if it did end in that reporting period.

008.01C Waivers granted by the Council will apply to the requirements for only that reporting period. Continuing hardships will require a new request for a waiver for each reporting period.

008.02 All requests for waivers from the preceding reporting period must be received by the Director no later than the January 7 of the next reporting period or the officer’s certification will be suspended on January 8. Any submitted request will be considered at the next scheduled Council meeting.

007.03 In all waiver requests, the burden of proof shall be on the requesting party to establish good cause by a preponderance of the evidence.

008.04 If the waiver request is denied, the individual’s certificate will be suspended.

009 Officer Status for Failure to meet CE credit hours for the reporting period

009.01 An individual who has not fulfilled the CE requirements of this chapter, has not requested a waiver or has not been granted a waiver will have his/her law enforcement certificate suspended by the director.

009.01A . The Director or his/her designee shall report to the Council all persons who failed to meet CE requirements and have not requested a waiver from the Council at the Council’s next available meeting after the conclusion of the reporting period.

009.01B The individual who has had his/her certificate suspended remains suspended until he/she successfully fulfills the CE requirements for that reporting period, and provides supporting documentation that complies with this chapter and submits the reinstatement fee.

009.01C The director will notify the agency of the officer’s suspension. It will be the responsibility of the agency to notify the officer.

009.02 Decertification eligibility: Any individual who fails to fulfill CE requirements for two (2) consecutive reporting periods, where waivers have not been granted, evidences conduct which is indicative of violations of the officer’s statutory duties and will constitute grounds for revocation of his/her law enforcement certificate(s) as addressed in Neb. Rev. Stat. §81-1403 and Title 79, Chapter 9.

009.03 Sheriffs who fail to meet CE requirements of this chapter may also be subject to the actions outlined in Neb. Rev. Stat. §23-1701.01.

010 Survey of Agency Continuing Education Needs

010.01 The Council finds that the CE needs of the law enforcement profession should be periodically reviewed in an effort to identify the areas of training that may benefit law enforcement officers. The director of the Training Center or his/her designee will conduct surveys of law enforcement agencies in order to access the CE needs of law enforcement in the State of Nebraska.

History

• Effective 2023-05-17

Chapter 18 Certification of Police Service Dog Teams

Neb. Admin. Code tit. 79, ch. 18 Certification of Police Service Dog Teams {#sec-79-nac-18 omnilex-key=us-ne-regs-official--title-79--79 NAC 18}

001 Purpose: To establish procedures to implement a State standard for certification of Police Service Dog Teams.

002 Scope: Applicable to all Police Service Dog Teams employed by law enforcement agencies within the State of Nebraska commencing on January 15, 2015.

003 Reference: Neb. Rev. Stat. §81-1401, §81-1403, and Title 79 NAC Chapter 1.

004 General: Police service dogs serve as a valuable tool and supplement an agency’s resources. The Police Standards Advisory Council wants to ensure that law enforcement agencies utilizing police service dog teams use only qualified personnel and dogs that meet state-certification standards as approved by the Council. Therefore, the Police Standards Advisory Council has adopted these standards. Law enforcement agencies shall only utilize police service dog teams that meet the State certification standards.

005 Definitions

005.01 Certification: A document issued to the police service dog handler by the Council attesting that the law enforcement officer who is the handler and his or her dog have met mandated certification standards as approved by the Council. Certification shall be effective for one year and must be renewed annually before the end of that calendar year.

005.02 Police Service Dog Handler (PSD Handler): A PSD Handler is a full-time certified law enforcement officer who handles, maintains and is responsible for the deployment of a police service dog that is part of a PSD team.

005.03 Police Service Dog Team (PSD Team): A PSD Team shall consist of one dog and one law enforcement officer who is assigned as a PSD Handler for that dog. The team shall be actively serving in a law enforcement agency as defined by law.

005.04 Police Service Dog Evaluator, (PSD Evaluator): A PSD Evaluator is a full-time certified law enforcement officer who is a police service dog handler and has his or her employing agency’s consent to serve as an evaluator. A PSD Evaluator must successfully complete Council-approved training and required update training that qualifies him or her to conduct evaluations of PSD Teams for certification purposes. A PSD Evaluator may serve as an evaluator only in the area of expertise as a handler. A PSD Evaluator must perform a minimum of one PSD Team evaluation per year. A PSD Evaluator must pass periodic audits by the PSD Judge in order to maintain evaluator status.

005.05 Police Service Dog Judge (PSD Judge): A PSD Judge is a full-time certified law enforcement officer who conducts PSD Evaluator training, conducts periodic audits of PSD Evaluator performance and recommends to the Council those PSD Evaluators who should continue to possess PSD Evaluator credentials. The PSD Judge must meet Council-approved requirements.

006 Procedure

006.01 PSD Team Certification.

006.01A Law enforcement agencies desiring a PSD Team to receive State certification may make a request to any Council-approved PSD Evaluator or to the Training Center. The Training Center will provide the agency a list of Council-approved PSD Evaluators. The scheduling of evaluations shall be arranged between the law enforcement agency and the PSD Evaluator. All PSD Team evaluations shall be conducted in accordance with Council-approved standards.

006.01B PSD Evaluators shall submit a PSD Team Request for Certification form to the Training Center within ten days of completing an evaluation of a PSD Team that has met standards for certification. The Training Center shall issue a State Certification to the PSD Team within ten days of receipt of the certification request. The PSD Team Certification shall be directed to the employing agency administrator. The certification shall be effective for one calendar year from the date of the completed evaluation. At the end of that calendar year, the PSD Team must repeat the certification process.

006.01C PSD Evaluators shall conduct evaluations of PSD Teams and complete evaluation forms as required by the Council. The PSD Evaluator shall maintain a copy of all evaluations conducted and shall forward a copy of the same to the PSD Judge within five working days of conducting the evaluation.

006.01D When practicable, the Training Center shall offer the use of the Center facilities as a site for PSD Team training, evaluations and PSD Evaluator training as scheduling permits.

006.01E Law enforcement agencies should notify the Training Center of the change in status of any State certified PSD Team in order to facilitate maintenance of certification files.

006.02 PSD Evaluator Training.

006.02A The PSD Judge shall conduct PSD Evaluator training and refresher training in accordance with the standards as established by the Council.

006.02B Upon completion of PSD Evaluator training, the PSD Judge shall provide a list of those individuals who have completed such training to the Training Center.

006.03 Record Maintenance

006.03A The Training Center shall maintain a record of state certified PSD Teams during the active service of the team and/or until there is no activity in the team’s file for three calendar years.

006.03B The following documents shall be maintained by the Training

Center:

(1) Copies of PSD Team certifications which shall be kept in the handler’s law enforcement file.

(2) Copies of PSD Evaluator certifications issued by the PSD Judge.

(3) An active list of those PSD Evaluators and PSD Judges who have successfully completed the required training for that position.

(4) A copy of the Council-approved Police Service Dog Standards.

(5) Sample forms used by the PSD Judge and PSD Evaluators in their duties.

(6) The curriculum, lesson plan, and handouts used by the PSD Judge for PSD Evaluator training.

006.04 Every three years commencing in 2015, the director of the Training Center, after consultation with PSD Evaluators and PSD Judges in the State of Nebraska, shall make recommendations to the Council regarding standards for PSD Team certifications and the requirements for PSD Evaluator and PSD Judge Credentials. This section should not be construed to prevent earlier revision.

History

• Effective 2014-12-14