[Rev. 6/10/2014 4:41:51 PM]

 

This chapter of NAC has changes which have been adopted but have not been codified; you can see those changes by viewing the following regulation(s) on the Nevada Register of Administrative Regulations: R188-12, R121-13

[NAC-289 Revised Date: 7-13]

CHAPTER 289 - STANDARDS AND TRAINING FOR PEACE OFFICERS

GENERAL PROVISIONS

289.010            Definitions.

289.015            “Agency” defined.

289.017            “Agility run” defined.

289.020            “Basic certificate” defined.

289.025            “Basic training course” defined.

289.030            “Certified status” defined.

289.035            “Commission” defined.

289.040            “Duties of a peace officer” defined.

289.045            “Executive Director” defined.

289.047            “Executive level position” defined.

289.049            “First-line supervisor” defined.

289.050            “Immediate supervision” defined.

289.053            “Less than lethal weapon” defined.

289.055            “Lesson plan” defined.

289.057            “Management level position” defined.

289.060            “Peace officer” defined.

289.065            “Reserve officer” defined.

289.070            “School” defined.

289.075            “State certification examination” defined.

289.085            “Weapons of mass destruction” defined.

STANDARDS AND TRAINING

289.110            Minimum standards for appointment.

289.120            Basic course of training: Completion; attendance by reserve officer.

289.130            Training categories.

289.140            Minimum standard of training: Training category I.

289.150            Minimum standard of training: Training category II.

289.160            Minimum standard of training: Training category III.

289.170            Minimum standard of training: Reserve officers.

CERTIFICATES

289.200            Basic and reserve basic certificate: Requirements; extension of time to complete or waiver of certain requirements; request for certification; placement of basic certificate on inactive status.

289.205            State physical fitness examination: Requirements.

289.210            Basic and reserve basic certificates: Nature.

289.230            Basic or reserve certificate: Requirements for continuing education and resuming duties.

289.235            Voluntary surrender and application for reinstatement of basic certificate.

289.240            Intermediate certificate.

289.250            Advanced certificate.

289.255            Supervisor certificate.

289.260            Management certificate.

289.270            Executive certificate.

289.280            Instruction certificate.

289.290            Denial, revocation, suspension and reinstatement of certificate.

CERTIFICATION OF COURSES FOR TRAINING

289.300            Basic training courses.

289.310            Courses above level of basic training; revocation of certification; duty to report certain information; exception to certification requirement.

289.320            Denial of certification: Written notification of decision; appeal.

MISCELLANEOUS PROVISIONS

289.350            Reports.

289.370            Waiver of provisions.

289.380            Disciplinary actions in schools operated by Commission.

 

 

GENERAL PROVISIONS

      NAC 289.010  Definitions. (NRS 289.510)  As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 289.015 to 289.085, inclusive, have the meanings ascribed to them in those sections.

     [Peace Officers’ Standards & Training Com., § II, eff. 5-7-82]—(NAC A 12-17-87; R169-97, 1-30-98; A by Peace Officers’ Standards & Training Comm’n by R102-99, 11-2-99; R100-02, 11-12-2002; R118-09, 1-28-2010; R085-10, 12-16-2010)

      NAC 289.015  “Agency” defined. (NRS 289.510)  “Agency” means an agency of the State or of a local government which employs one or more persons as peace officers.

     (Added to NAC by Peace Officers’ Standards & Training Com., eff. 12-17-87)—(Substituted in revision for NAC 481.011)

      NAC 289.017  “Agility run” defined. (NRS 289.510)  “Agility run” means a test of physical agility designated by the Commission.

     (Added to NAC by Peace Officers’ Standards & Training Comm’n by R118-09, eff. 1-28-2010)

      NAC 289.020  “Basic certificate” defined. (NRS 289.510)  “Basic certificate” means the certificate issued by the Executive Director which is evidence that a person has met the minimum standards established by this chapter.

     (Added to NAC by Peace Officers’ Standards & Training Com., eff. 12-17-87; A by Peace Officers’ Standards & Training Comm’n by R102-99, 11-2-99)

      NAC 289.025  “Basic training course” defined. (NRS 289.510)  “Basic training course” means a curriculum of basic training for peace officers that meets the minimum standards established by this chapter.

     (Added to NAC by Peace Officers’ Standards & Training Com., eff. 12-17-87; A by Peace Officers’ Standards & Training Comm’n by R066-03, 12-4-2003)

      NAC 289.030  “Certified status” defined. (NRS 289.510)  “Certified status” means compliance with or exemption from the employment qualifications and training requirements established by the Commission.

     (Added to NAC by Peace Officers’ Standards & Training Com., eff. 12-17-87; A by Peace Officers’ Standards & Training Comm’n by R102-99, 11-2-99)

      NAC 289.035  “Commission” defined. (NRS 289.510)  “Commission” means the Peace Officers’ Standards and Training Commission.

     (Added to NAC by Peace Officers’ Standards & Training Com., eff. 12-17-87; A by Peace Officers’ Standards & Training Comm’n by R102-99, 11-2-99)

      NAC 289.040  “Duties of a peace officer” defined. (NRS 289.510)  “Duties of a peace officer” means those functions that may involve the use of force and the arrest or detention of a person.

     (Added to NAC by Peace Officers’ Standards & Training Com., eff. 12-17-87)—(Substituted in revision for NAC 481.021)

      NAC 289.045  “Executive Director” defined. (NRS 289.510)  “Executive Director” means the Executive Director of the Commission.

     (Added to NAC by Peace Officers’ Standards & Training Comm’n by R102-99, eff. 11-2-99)

      NAC 289.047  “Executive level position” defined. (NRS 289.510)  “Executive level position” means a position held by a peace officer in which the peace officer supervises two or more persons who hold management level positions and is in charge of an entire agency or a major division or bureau within an agency.

     (Added to NAC by Peace Officers’ Standards & Training Comm’n by R085-10, eff. 12-16-2010)

      NAC 289.049  “First-line supervisor” defined. (NRS 289.510)  “First-line supervisor” means a peace officer who supervises other persons and who is on an organizational level immediately above nonsupervisory officers.

     (Added to NAC by Peace Officers’ Standards & Training Comm’n by R085-10, eff. 12-16-2010)

      NAC 289.050  “Immediate supervision” defined. (NRS 289.510)  “Immediate supervision” means the supervised officer acts under the direction of a certified peace officer who is routinely in the physical proximity of and available to the supervised officer.

     (Added to NAC by Peace Officers’ Standards & Training Com., eff. 12-17-87)—(Substituted in revision for NAC 481.023)

      NAC 289.053  “Less than lethal weapon” defined. (NRS 289.510)  “Less than lethal weapon” means a weapon that is designed and manufactured with the intent that it not create a substantial risk of causing death or serious bodily injury when a person with appropriate training uses the weapon in accordance with the instructions of the manufacturer.

     (Added to NAC by Peace Officers’ Standards & Training Comm’n by R146-05, eff. 12-29-2005)

      NAC 289.055  “Lesson plan” defined. (NRS 289.510)  “Lesson plan” means a document which specifically describes the material presented during a course of instruction. For the purpose of certifying a school, a “lesson plan” is the document submitted to the Executive Director for certification and represents the material approved by the Commission for instruction.

     (Added to NAC by Peace Officers’ Standards & Training Com., eff. 12-17-87; A by Peace Officers’ Standards & Training Comm’n by R102-99, 11-2-99)

      NAC 289.057  “Management level position” defined. (NRS 289.510)  “Management level position” means a position held by a peace officer in which the peace officer supervises two or more persons who are first-line supervisors or who hold a position above the level of a first-line supervisor.

     (Added to NAC by Peace Officers’ Standards & Training Comm’n by R085-10, eff. 12-16-2010)

      NAC 289.060  “Peace officer” defined. (NRS 289.510)  “Peace officer” means an employee of an agency who is required to be certified by the Commission pursuant to NRS 289.550. The term includes sworn full-time, part-time and reserve officers who perform the duties of a peace officer.

     (Added to NAC by Peace Officers’ Standards & Training Com., eff. 12-17-87; A by Peace Officers’ Standards & Training Comm’n by R102-99, 11-2-99; R066-03, 12-4-2003)

      NAC 289.065  “Reserve officer” defined. (NRS 289.510)  “Reserve officer” means any peace officer who performs some of the duties of a peace officer with the immediate supervision of a certified officer and is not employed by the agency on a full-time basis.

     (Added to NAC by Peace Officers’ Standards & Training Com., eff. 12-17-87; A by Peace Officers’ Standards & Training Comm’n by R066-03, 12-4-2003)

      NAC 289.070  “School” defined. (NRS 289.510)  “School” means any university, college, academy, local training center or other school approved by the Commission which provides a curriculum, instructors and facilities for the training of peace officers.

     (Added to NAC by Peace Officers’ Standards & Training Com., eff. 12-17-87; A by Peace Officers’ Standards & Training Comm’n by R102-99, 11-2-99)

      NAC 289.075  “State certification examination” defined. (NRS 289.510)  “State certification examination” means a comprehensive examination prescribed by the Commission which measures knowledge of the subjects comprising the minimum training standards established for each training category.

     (Added to NAC by Peace Officers’ Standards & Training Com., eff. 12-17-87; A 8-24-90; A by Peace Officers’ Standards & Training Comm’n by R102-99, 11-2-99)

      NAC 289.085  “Weapons of mass destruction” defined. (NRS 289.510)  “Weapons of mass destruction” has the meaning ascribed to it in 18 U.S.C. § 2332a(c)(2).

     (Added to NAC by Peace Officers’ Standards & Training Comm’n by R100-02, eff. 11-12-2002)

STANDARDS AND TRAINING

      NAC 289.110  Minimum standards for appointment. (NRS 289.510)

     1.  No person may be appointed to perform the duties of a peace officer unless he or she:

     (a) Has undergone a complete and documented investigation of his or her background which verifies that the person has good moral character and meets the minimum standards established by the Commission;

     (b) Is a citizen of the United States;

     (c) Is at least 21 years of age at the time of the appointment;

     (d) Has successfully completed the 12th grade or has been certified by an appropriate authority as having an equivalent education; and

     (e) Has undergone a medical examination performed by a licensed physician who confirms in writing that no physical condition exists which would adversely affect his or her performance of the duties of a peace officer. The employing agency shall inform the examining physician of the specific functions required by the position to be filled.

     2.  The investigation of the background of a person required pursuant to subsection 1 must include, without limitation:

     (a) An investigation of the current and past employment history of the person, including, without limitation, an examination of the duties that have been assigned to the person and any performance evaluations of the person;

     (b) An inquiry into the criminal history of the person in the State of Nevada and in any other state where the person is known to have resided, which must include, without limitation, any warrants issued for the person and the submission of the person’s fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;

     (c) An inquiry to the Department of Motor Vehicles and the appropriate entity in each other state in which the person is known to have resided regarding any driver’s licenses the person has held and the driving record of the person;

     (d) A financial history of the person;

     (e) The educational background of the person;

     (f) The history of any military service of the person;

     (g) A history of each physical address where the person has resided;

     (h) A drug screening test;

     (i) A psychological evaluation; and

     (j) The use of a lie detector as defined in NRS 613.440 for a peace officer being appointed as a category I, category II or reserve peace officer.

     3.  The investigation of the background of a person required pursuant to subsection 1 may include the use of a lie detector as defined in NRS 613.440 for a peace officer being appointed as a category III peace officer.

     4.  A person may not be appointed to perform the duties of a peace officer if he or she has:

     (a) Been convicted of a felony in this State or of any offense which would be a felony if committed in this State;

     (b) Been convicted of an offense involving moral turpitude or the unlawful use, sale or possession of a controlled substance;

     (c) A documented history of physical violence; or

     (d) Resigned in lieu of termination or been terminated from any civil service employment for substantiated misconduct involving dishonesty, and has not been reinstated as a result of a judicial action or any available appeal or remedy relating to the resignation or termination, including, without limitation, any civil service appeal, direct administrative appeal or collective bargaining remedy. For purposes of this paragraph, “dishonesty” includes untruthfulness, deception, misrepresentation, falsification, and dishonesty by admission or omission.

     [Peace Officers’ Standards & Training Com., § IV, eff. 5-7-82]—(NAC A 12-17-87; 8-24-90; A by Peace Officers’ Standards & Training Comm’n by R102-99, 11-2-99; R118-09, 1-28-2010; R085-10, 12-16-2010, eff. 7-1-2011; R066-12, 9-14-2012)

      NAC 289.120  Basic course of training: Completion; attendance by reserve officer. (NRS 289.510)

     1.  Each peace officer who is required by NRS 289.550 to be certified must satisfactorily complete a basic course of training approved by the Executive Director.

     2.  A reserve officer must be in full-duty status and fully covered by industrial insurance through the employing agency while attending the training.

     [Peace Officers’ Standards & Training Com., § V, eff. 5-7-82]—(NAC A 12-17-87; A by Peace Officers’ Standards & Training Comm’n by R102-99, 11-2-99; R066-03, 12-4-2003)

      NAC 289.130  Training categories. (NRS 289.510)  For purposes of determining minimum training standards, peace officers required by NRS 289.550 to be certified by the Commission will be divided into four training categories:

     1.  Training category I includes peace officers who are empowered by law to perform a broad spectrum of law enforcement duties and whose primary functions specifically include:

     (a) Routine patrol;

     (b) Criminal investigations;

     (c) Enforcement of traffic laws; and

     (d) Investigation of motor vehicle accidents.

     2.  Training category II includes peace officers whose authority or primary duties are limited to a specific or specialized area of law enforcement.

     3.  Training category III includes peace officers whose legal authority and primary duties are limited to the care and custody of adults and juveniles in a correctional or detention facility of the State of Nevada or its political subdivisions.

     4.  Training category reserve officer includes peace officers who are reserve officers and who are assigned to an agency that employs category I, category II or category III peace officers.

Ê The administrator of each agency shall determine the appropriate training category for the officers employed by his or her agency.

     (Added to NAC by Peace Officers’ Standards & Training Com., eff. 12-17-87; A 8-24-90; A by Peace Officers’ Standards & Training Comm’n by R102-99, 11-2-99; R066-03, 12-4-2003)

      NAC 289.140  Minimum standard of training: Training category I. (NRS 289.510, 289.600)  The minimum standard of training for officers in training category I is successful completion of a basic course that includes 480 hours of training in:

     1.  Law and legal procedures, specifically:

     (a) Civil liability;

     (b) Constitutional law;

     (c) Crimes against persons;

     (d) Crimes against property;

     (e) Juvenile law;

     (f) Laws governing coroners;

     (g) Laws relating to arrest;

     (h) Laws relating to drugs, including, without limitation, current trends in drugs;

     (i) Miscellaneous crimes; 

     (j) Probable cause;

     (k) Rights of victims;

     (l) Search and seizure;

     (m) Traffic laws; and

     (n) Use of force.

     2.  Patrol operations and investigations, specifically:

     (a) Abuse of elderly persons;

     (b) Accident investigations;

     (c) Basic patrol procedures;

     (d) Child abuse and sexual abuse of a child;

     (e) Domestic violence and stalking;

     (f) Investigation of crime scenes, collection and preservation of evidence and fingerprinting;

     (g) Principles of investigation;

     (h) Techniques of interviewing and interrogation;

     (i) The DWI Detection and Standardized Field Sobriety Testing course approved by the National Highway Traffic Safety Administration; and

     (j) Unknown-risk and high-risk vehicle stops.

     3.  Performance skills, specifically:

     (a) Health, fitness and wellness;

     (b) Interpersonal communications;

     (c) Operation of emergency vehicles;

     (d) Provision of emergency first aid and cardiopulmonary resuscitation;

     (e) Searching of buildings;

     (f) Tactics for the arrest and control of suspects, including, without limitation, methods for arrest and the use of less than lethal weapons;

     (g) Training concerning active assailants;

     (h) Training in the use of firearms; and

     (i) Writing of reports.

     4.  The functions of a peace officer, specifically:

     (a) Care of persons in custody;

     (b) Community policing;

     (c) Counter-terrorism and weapons of mass destruction;

     (d) Courtroom demeanor, including, without limitation, the giving of testimony;

     (e) Crisis intervention;

     (f) Ethics in law enforcement;

     (g) Handling of persons with mental illness;

     (h) History and principles of law enforcement;

     (i) Management of stress;

     (j) National Crime Information Center procedures;

     (k) Survival of peace officers;

     (l) Systems of criminal justice; and

     (m) The realities of law enforcement.

     5.  Course administration and examinations.

     (Added to NAC by Peace Officers’ Standards & Training Com., eff. 12-17-87; A 8-24-90; A by Peace Officers’ Standards & Training Comm’n by R102-99, 11-2-99; R100-02, 11-12-2002; R146-05, 12-29-2005; R003-07, 4-17-2008; R110-08, 8-26-2008)

      NAC 289.150  Minimum standard of training: Training category II. (NRS 289.510, 289.600)  The minimum standard of training for officers in training category II is successful completion of a basic course that includes 200 hours of training in:

     1.  Law and legal procedures, specifically:

     (a) Civil liability;

     (b) Constitutional law;

     (c) Crimes against persons;

     (d) Crimes against property;

     (e) Juvenile law;

     (f) Laws relating to arrest;

     (g) Laws relating to drugs, including, without limitation, current trends in drugs;

     (h) Miscellaneous crimes;

     (i) Probable cause;

     (j) Rights of victims;

     (k) Search and seizure; and

     (l) Use of force.

     2.  Operations and investigations, specifically:

     (a) Abuse of elderly persons;

     (b) Child abuse and sexual abuse of a child;

     (c) Domestic violence and stalking;

     (d) Investigation of crime scenes, collection and preservation of evidence and fingerprinting;

     (e) Principles of investigation; and

     (f) Techniques of interviewing and interrogation.

     3.  Performance skills, specifically:

     (a) Health, fitness and wellness;

     (b) Interpersonal communications;

     (c) Provision of emergency first aid and cardiopulmonary resuscitation;

     (d) Tactics for the arrest and control of suspects, including, without limitation, methods for arrest and the use of less than lethal weapons;

     (e) Training concerning active assailants;

     (f) Training in the use of firearms; and

     (g) Writing of reports.

     4.  The functions of a peace officer, specifically:

     (a) Care of persons in custody;

     (b) Counter-terrorism and weapons of mass destruction;

     (c) Courtroom demeanor, including, without limitation, the giving of testimony;

     (d) Crisis intervention;

     (e) Ethics in law enforcement;

     (f) Handling of persons with mental illness;

     (g) History and principles of law enforcement;

     (h) Management of stress;

     (i) National Crime Information Center procedures;

     (j) Survival of peace officers;

     (k) Systems of criminal justice; and

     (l) The realities of law enforcement.

     5.  Course administration and examinations.

     (Added to NAC by Peace Officers’ Standards & Training Com., eff. 12-17-87; A 8-24-90; R024-97, 10-1-97; A by Peace Officers’ Standards & Training Comm’n by R102-99, 11-2-99; R146-05, 12-29-2005; R003-07, 4-17-2008; R110-08, 8-26-2008)

      NAC 289.160  Minimum standard of training: Training category III. (NRS 289.510, 289.600)  The minimum standard of training for officers in training category III is successful completion of a basic course that includes 160 hours of training in:

     1.  Legal subjects, specifically:

     (a) Civil rights of offenders;

     (b) Searches of offender institutions;

     (c) Laws relating to correctional institutions;

     (d) Laws relating to stalking and aggravated stalking; and

     (e) Use of force.

     2.  Procedures in the field, specifically:

     (a) Gangs and cults;

     (b) Supervision of offenders;

     (c) Classification and receiving of offenders;

     (d) Transportation of offenders;

     (e) Crisis intervention;

     (f) Records of offenders in institutions; and

     (g) Games offenders play.

     3.  Skills of officers, specifically:

     (a) Writing of reports for correctional institutions;

     (b) Fire safety and use of emergency equipment;

     (c) Fingerprinting;

     (d) Defensive tactics;

     (e) Introduction of restraints;

     (f) Physical conditioning; and

     (g) Training concerning active assailants.

     4.  Investigation, specifically:

     (a) Crime scene and evidence;

     (b) Investigation of narcotics and abuse of controlled substances;

     (c) Investigation of allegations of stalking and aggravated stalking; and

     (d) Personality disorders and prevention of suicide.

     5.  Community relations, specifically:

     (a) Ethics for correctional officers;

     (b) Cultural awareness;

     (c) Interpersonal communications; and

     (d) Public and media relations.

     6.  Miscellaneous subjects, specifically:

     (a) Modern correctional philosophy;

     (b) First aid;

     (c) Cardiopulmonary resuscitation;

     (d) Criminal justice system; and

     (e) Counter-terrorism and weapons of mass destruction.

     7.  Course administration and examination.

     (Added to NAC by Peace Officers’ Standards & Training Com., eff. 12-17-87; A 8-24-90, eff. 7-1-91; R024-97, 10-1-97; A by Peace Officers’ Standards & Training Comm’n by R102-99, 11-2-99; R110-08, 8-26-2008; R066-12, 9-14-2012)

      NAC 289.170  Minimum standard of training: Reserve officers. (NRS 289.510, 289.600)  The minimum standard of training for reserve officers is successful completion of a basic course that includes 120 hours of training in:

     1.  Law and legal procedures, specifically:

     (a) Civil liability;

     (b) Constitutional law;

     (c) Crimes against persons;

     (d) Crimes against property;

     (e) Juvenile law;

     (f) Laws relating to arrest;

     (g) Laws relating to drugs, including, without limitation, current trends in drugs;

     (h) Miscellaneous crimes;

     (i) Probable cause;

     (j) Search and seizure;

     (k) Traffic laws; and

     (l) Use of force.

     2.  Patrol operations and investigations, specifically:

     (a) Abuse of elderly persons;

     (b) Basic patrol procedures;

     (c) Child abuse and sexual abuse of a child;

     (d) Domestic violence and stalking;

     (e) Investigation of crime scenes, collection and preservation of evidence and fingerprinting;

     (f) Principles of investigation; and

     (g) Unknown-risk and high-risk vehicle stops.

     3.  Performance skills, specifically:

     (a) Health, fitness and wellness;

     (b) Provision of emergency first aid and cardiopulmonary resuscitation;

     (c) Searching of buildings;

     (d) Tactics for the arrest and control of suspects, including, without limitation, methods for arrest and the use of less than lethal weapons;

     (e) Training concerning active assailants;

     (f) Training in the use of firearms; and

     (g) Writing of reports.

     4.  The functions of a peace officer, specifically:

     (a) Community policing;

     (b) Counter-terrorism and weapons of mass destruction;

     (c) Courtroom demeanor, including, without limitation, the giving of testimony;

     (d) Crisis intervention;

     (e) Ethics in law enforcement;

     (f) Handling of persons with mental illness;

     (g) History and principles of law enforcement; and

     (h) Survival of peace officers.

     5.  Course administration and examinations.

     (Added to NAC by Peace Officers’ Standards & Training Comm’n by R066-03, eff. 12-4-2003; A by R146-05, 12-29-2005; R003-07, 4-17-2008; R110-08, 8-26-2008)

CERTIFICATES

      NAC 289.200  Basic and reserve basic certificate: Requirements; extension of time to complete or waiver of certain requirements; request for certification; placement of basic certificate on inactive status. (NRS 289.510, 289.550, 289.600)

     1.  The Executive Director shall award a basic certificate to any peace officer who meets the minimum standards for appointment established pursuant to NAC 289.110 and has:

     (a) Satisfactorily completed the basic training course for basic certification;

     (b) Passed the state certification examination with a score at or above the 70th percentile; and

     (c) Passed the state physical fitness examination for the appropriate category of peace officer as described in NAC 289.205.

     2.  The Executive Director may award a basic certificate to any peace officer who has been certified by the certifying entity of another state or has successfully completed a Federal Law Enforcement Training Center training program approved by the Commission and who meets the minimum standards for appointment established pursuant to NAC 289.110 if:

     (a) The Commission or its designee has determined that the course of training required for the certification was at least equivalent to the basic training course for basic certification;

     (b) The certification of the peace officer in the other jurisdiction has not been revoked or suspended;

     (c) Not more than 60 months have lapsed since the peace officer was employed in the other jurisdiction;

     (d) The peace officer has satisfactorily completed a training course that is approved by the Executive Director which consists of a minimum of 80 hours of training that satisfies the requirements established by the Commission pursuant to subsection 1 of NAC 289.300 in:

          (1) Abuse of elderly persons;

          (2) Active assailants;

          (3) Child abuse and sexual abuse of a child;

          (4) Civil liability;

          (5) Constitutional law;

          (6) Counter-terrorism and weapons of mass destruction;

          (7) Crimes against persons;

          (8) Crimes against property;

          (9) Cultural awareness;

          (10) Domestic violence and stalking;

          (11) Ethics in law enforcement or for correctional officers;

          (12) Juvenile law;

          (13) Laws relating to arrest;

          (14) Laws relating to drugs, including, without limitation, current trends in drugs;

          (15) Miscellaneous crimes;

          (16) Probable cause;

          (17) Rights of victims;

          (18) Search and seizure;

          (19) Sexual harassment; and

          (20) Use of force;

     (e) The peace officer passes the state certification examination with a score at or above the 70th percentile; and

     (f) The peace officer passes the state physical fitness examination for the appropriate category of peace officer as described in NAC 289.205.

     3.  The Executive Director may award a basic certificate in training category I to a peace officer who holds a basic certificate in training category II issued by the Commission if the peace officer:

     (a) Is currently employed as a peace officer by an agency;

     (b) Has satisfactorily completed a training course approved by the Executive Director that consists of a minimum of 280 hours of training in:

          (1) Law and legal procedures, specifically:

               (I) Laws governing coroners; and

               (II) Traffic laws;

          (2) Patrol operations and investigations, specifically:

               (I) Accident investigations;

               (II) Basic patrol procedures;

               (III) The DWI Detection and Standardized Field Sobriety Testing course approved by the National Highway Traffic Safety Administration; and

               (IV) Unknown-risk and high-risk vehicle stops;

          (3) Performance skills, specifically:

               (I) Operation of emergency vehicles;

               (II) Searching of buildings;

               (III) Tactics for the arrest and control of suspects, including, without limitation, methods for arrest and the use of less than lethal weapons; and

               (IV) Training concerning active assailants; and

          (4) The functions of a peace officer, specifically relating to counter-terrorism and weapons of mass destruction; and

     (c) Passes the state certification examination for training category I with a score at or above the 70th percentile.

     4.  The Executive Director may award a reserve basic certificate to any reserve officer who meets the minimum standards for appointment pursuant to NAC 289.110 and has:

     (a) Satisfactorily completed the basic training course for a reserve certificate;

     (b) Passed the state certification examination with a score at or above the 70th percentile; and

     (c) Passed the state physical fitness examination described in subsection 1 of NAC 289.205.

     5.  Except as otherwise provided in subsection 6 or 7, an officer must pass the state physical fitness examination:

     (a) If the officer is not eligible for certification pursuant to subsection 2, not later than 16 weeks after the first day of the officer’s basic training course certified or approved pursuant to NAC 289.300; or

     (b) If the officer is eligible for certification pursuant to subsection 2, not later than 16 weeks after the date on which the officer was hired or, if the officer is a reserve officer, the date of activation of his or her reserve status.

     6.  If a student enrolled in a basic training course certified or approved pursuant to NAC 289.300 sustains a bona fide physical injury that renders him or her incapable of completing the requirements of the state physical fitness examination, an agency may submit a request for an extension of time for the student to complete the examination. The agency shall submit such a request to the Executive Director. The request must include, without limitation, written verification by a physician that the student is incapable of completing the requirements of the state physical fitness examination. If the Executive Director determines that an extension of time is warranted, the Executive Director shall authorize an extension of time for a period not to exceed 12 months after the date on which the student was hired or, if the student is a reserve officer, the date of activation of his or her reserve status.

     7.  If an officer passes the state physical fitness examination:

     (a) While not enrolled in a basic training course certified or approved pursuant to NAC 289.300; and

     (b) More than 16 weeks, but less than 12 months, after the date on which the officer was hired or, if the officer is a reserve officer, the date of activation of his or her reserve status,

Ê the employing agency of the officer may submit a request to the Executive Director to waive the requirements of subsection 5. The request must include, without limitation, the reason the officer was unable to pass the state physical fitness examination within the periods described in subsection 5. The Executive Director may, for good cause shown, grant a request submitted pursuant to this subsection.

     8.  Upon satisfactory completion of the requirements listed in subsection 1, 2, 3 or 4, the employing agency shall submit a request for certification to the Executive Director. The request must include:

     (a) The name, social security number and date of hire of the officer or, if the officer is a reserve officer, the date of activation of his or her reserve status;

     (b) Documentary evidence that the officer has successfully completed an approved basic training course;

     (c) Verification by the administrator of the agency that the officer meets the minimum standards established by this chapter; and

     (d) The statement concerning child support prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520.

     9.  The basic certificate of an officer whose employment is terminated for any reason will be placed on inactive status. If such a person is again employed as a full-time peace officer, the employing agency shall request that the person’s basic certificate be returned to active status. If the certification of such a person is on inactive status for more than 5 consecutive years, the person must renew his or her basic certificate by successfully completing the requirements set forth in subsection 1.

     10.  If a person who successfully completes a basic training course for the purpose of obtaining a basic certificate is not employed by an agency within 24 months after completing the course, the person must repeat all of the requirements for basic certification set forth in subsection 1.

     11.  Except as otherwise provided in this subsection, to satisfactorily complete a basic training course for the purposes of this section, the person must successfully complete all of the requirements in one course. If a person is discharged from a basic training course for any reason that is not disciplinary, the person may complete any remaining requirements in a later course provided by the same entity if the person has not previously been discharged from a course and if:

     (a) The administrator of the basic training course recommends that the person complete the requirements in a later course, the administrator of the employing agency of the person requests that the person be allowed to complete the requirements in a later course and the Executive Director gives approval;

     (b) The subsequent course is provided in a manner which ensures that the person completes all of the requirements for a basic training course for which the course is certified; and

     (c) The subsequent course begins not later than 120 days after the discharge.

     [Peace Officers’ Standards & Training Com., § VI, eff. 5-7-82]—(NAC A 12-17-87; 8-24-90; 4-28-94; R024-97, 10-1-97; R169-97, 1-30-98; R170-97, 1-30-98; A by Peace Officers’ Standards & Training Comm’n by R102-99, 11-2-99; R005-01, 11-1-2001; R100-02, 11-12-2002; R066-03, 12-4-2003; R127-04, 11-8-2004; R146-05, 12-29-2005; R003-07, 4-17-2008; R110-08, 8-26-2008; R118-09, 1-28-2010)

REVISER’S NOTE.

      The regulation of the Peace Officers’ Standards and Training Commission filed with the Secretary of State on January 28, 2010 (LCB File No. R118-09), which amended this section, contains the following provision not included in NAC:

      “1.  The amendatory provisions of sections 3 and 7 of this regulation [NAC 289.200 and 289.205] apply only to a person who enrolls in any peace officer training course required pursuant to section 7 of this regulation [NAC 289.200] on or after January 28, 2010.

      2.  The amendatory provisions of section 9 of this regulation [NAC 289.300] apply only to a basic training course that begins on or after January 28, 2010.”

 

      NAC 289.205  State physical fitness examination: Requirements. (NRS 289.510)  To pass the state physical fitness examination, a person must:

     1.  For a basic certificate as a category I peace officer or as a reserve peace officer:

     (a) Complete a vertical jump of not less than 14 inches.

     (b) Complete not less than 30 sit-ups in 1 minute.

     (c) Complete not less than 23 push-ups.

     (d) Run 300 meters in not more than 1 minute and 8 seconds.

     (e) Walk or run 1.5 miles in not more than 16 minutes and 57 seconds.

     (f) Complete an agility run in not more than 19.5 seconds.

     2.  For a basic certificate as a category II peace officer:

     (a) Complete a vertical jump of not less than 15 inches.

     (b) Complete not less than 29 sit-ups in 1 minute.

     (c) Complete not less than 15 push-ups.

     (d) Run 300 meters in not more than 1 minute and 20 seconds.

     (e) Walk or run 1.5 miles in not more than 20 minutes and 6 seconds.

     (f) Complete an agility run in not more than 20.7 seconds.

     3.  For a basic certificate as a category III peace officer:

     (a) Complete a vertical jump of not less than 15 inches.

     (b) Complete not less than 20 push-ups.

     (c) Run 300 meters in not more than 1 minute and 14 seconds.

     (d) Walk or run 1.5 miles in not more than 17 minutes and 37 seconds.

     (e) Complete an agility run in not more than 20.4 seconds.

     (Added to NAC by Peace Officers’ Standards & Training Comm’n by R118-09, eff. 1-28-2010)

REVISER’S NOTE.

      The regulation of the Peace Officers’ Standards and Training Commission filed with the Secretary of State on January 28, 2010 (LCB File No. R118-09), the source of this section, contains the following provision not included in NAC:

      “1.  The amendatory provisions of sections 3 and 7 of this regulation [NAC 289.200 and 289.205] apply only to a person who enrolls in any peace officer training course required pursuant to section 7 of this regulation [NAC 289.200] on or after January 28, 2010.

      2.  The amendatory provisions of section 9 of this regulation [NAC 289.300] apply only to a basic training course that begins on or after January 28, 2010.”

 

 

      NAC 289.210  Basic and reserve basic certificates: Nature. (NRS 289.510)

     1.  The basic certificate authorizes the holder to perform the duties of a peace officer.

     2.  The reserve basic certificate is only effective during those periods when the reserve officer is formally assigned by the agency to perform the duties of a peace officer.

     3.  Each basic certificate is issued by the State of Nevada as a revocable privilege and may be denied, suspended or revoked in accordance with the provisions of this chapter.

     (Added to NAC by Peace Officers’ Standards & Training Com., eff. 12-17-87; A by Peace Officers’ Standards & Training Comm’n by R066-03, 12-4-2003)

      NAC 289.230  Basic or reserve certificate: Requirements for continuing education and resuming duties. (NRS 289.510, 289.590)

     1.  To maintain a basic certificate or reserve certificate, the officer must annually complete 24 hours of additional training prescribed by the administrator of the employing agency of the officer and approved by the Executive Director. The employing agency shall ensure that its officers receive the required training. The employing agency shall notify each officer of the requirements of this section and the penalties set forth in subsection 3 for failure to comply with this section. After an officer completes such training, the employing agency shall submit verification of completion of training to the Executive Director on a form approved by the Commission. Verification must be submitted before January 31 following the year in which training was required.

     2.  If the Executive Director has not received verification of completion of training pursuant to subsection 1 before January 31 following the year in which training was required, the Executive Director shall notify the administrator of the employing agency that he or she has not received the verification required by subsection 1 and that if the verification is not received on or before March 1 of that year, the Executive Director will place the administrator on the agenda for the next scheduled meeting of the Commission to explain the delay in the submission of the verification. If the Executive Director has not received verification of completion of training pursuant to subsection 1 on or before March 1 following the year in which training was required, the Executive Director shall place the administrator of the employing agency on the agenda for the next scheduled meeting of the Commission.

     3.  Upon the request of the Commission or its designee, the employing agency shall make available for inspection the records of all officers to verify that they have complied with the continuing education requirement. The Commission will notify each officer and his or her employing agency of any noncompliance. The Commission will suspend the certificate of any officer who does not obtain the required training within 60 days after the date on which he or she received the notice of noncompliance. The Commission will reinstate the suspended certificate of an officer upon receiving documentation from the officer which demonstrates that he or she has complied with the continuing education requirement.

     4.  Except as otherwise provided in subsections 6 and 7, as part of the continuing education required pursuant to subsection 1, an officer must:

     (a) If the officer is authorized to use a firearm, at least biannually demonstrate a minimum level of proficiency in the use of each firearm he or she is authorized to use. An officer who does not demonstrate a minimum level of proficiency with the use of any firearm he or she is authorized to use may not carry or use the firearm until he or she participates in a remedial course established by the employing agency to ensure that the officer achieves and maintains a satisfactory level of proficiency.

     (b) If the officer is authorized to use an impact weapon, chemical weapon, electronic incapacitating device or other less than lethal weapon, at least annually demonstrate a minimum level of proficiency in the use of each such weapon or device he or she is authorized to use. An officer who does not demonstrate a minimum level of proficiency with the use of any such weapon may not carry or use that weapon until the officer participates in a remedial course established by the employing agency to ensure that the officer achieves and maintains a satisfactory level of proficiency.

     (c) If the duties of an officer require him or her to use defensive tactics, demonstrate annually a minimum level of proficiency in the use of defensive tactics, including, without limitation, techniques related to applying handcuffs, taking down suspects, self-defense and retention of weapons.

     (d) If the employing agency of the officer authorizes the use of a carotid restraint or lateral vascular neck restraint, demonstrate annually a minimum level of proficiency in those techniques.

     (e) Review annually each policy of the employing agency which addresses the use of force in any situation in which the agency or the officer may become involved.

     5.  Each employing agency shall establish and provide the courses set forth in subsection 4 to its officers and establish the minimum level of proficiency that an officer must demonstrate in each course.

     6.  An officer:

     (a) Who voluntarily leaves his or her employment as a peace officer for at least 12 consecutive months but not more than 60 consecutive months;

     (b) Whose employment as a peace officer is terminated for any reason for at least 12 consecutive months but not more than 60 consecutive months; or

     (c) Who, during a period of continuous employment as a peace officer, is absent from his or her duties as a peace officer because of medical leave, military leave or other approved leave for at least 12 consecutive months,

Ê must satisfy the requirements of paragraphs (b) to (e), inclusive, of subsection 4 and demonstrate a minimum level of proficiency in the use of each firearm he or she is authorized to use before resuming his or her duties as a peace officer.

     7.  An officer who instructs a course pursuant to subsection 4 is not required to comply with the continuing education requirements of subsection 4 to which the instruction applies if the officer:

     (a) Instructs a course in the subject for which the officer is qualified and approved by the administrator of the officer’s agency during each calendar year;

     (b) Participates at least once every 3 years in a course of training for instructors that is approved by the Executive Director; and

     (c) Demonstrates to the Commission or its designee at least once every 3 years proficiency in the subject that he or she instructs.

     8.  Each agency shall maintain documentation of the courses provided pursuant to subsection 4. Such documentation must include, without limitation, the qualifications of each instructor who provides training, a description of the training provided and a list on a form that has been approved by the Executive Director of each officer who completes the training.

     (Added to NAC by Peace Officers’ Standards & Training Com., eff. 12-17-87; A 8-24-90; 4-28-94; R171-97, 1-30-98; A by Peace Officers’ Standards & Training Comm’n by R102-99, 11-2-99; R127-04, 11-8-2004; R003-07, 4-17-2008; R118-09, 1-28-2010)

      NAC 289.235  Voluntary surrender and application for reinstatement of basic certificate. (NRS 289.510)

     1.  A peace officer may, permanently or for a stated term, voluntarily surrender a basic certificate to the Commission:

     (a) As part of a termination agreement between the peace officer and his or her employing agency;

     (b) As part of a plea bargain in a criminal proceeding against the peace officer;

     (c) As part of a settlement agreement between the Commission and the peace officer; or

     (d) For any other reason.

     2.  A peace officer who wishes to voluntarily surrender his or her basic certificate must submit to the Executive Director a request for the voluntary surrender. The request must:

     (a) Be in writing;

     (b) State the date on which the voluntary surrender will become effective;

     (c) State whether the voluntary surrender is permanent or for a stated term;

     (d) If the voluntary surrender is for a stated term, include the date on which the voluntary surrender will end;

     (e) Include a summary of the reason for the voluntary surrender;

     (f) If the voluntary surrender is being requested as part of a termination agreement, plea bargain or settlement agreement described in paragraph (a), (b) or (c) of subsection 1, include an acknowledgment by the peace officer that the voluntary surrender shall be deemed to include the voluntary surrender of all other basic certificates held by the peace officer;

     (g) Include a statement by the peace officer that he or she understands and has knowledge of the consequences of the voluntary surrender; and

     (h) Be signed by the peace officer and be notarized.

     3.  The Executive Director shall accept or reject each request for the voluntary surrender of a basic certificate submitted pursuant to subsection 2 and shall notify the peace officer of the acceptance or rejection. If the Executive Director accepts the voluntary surrender of a basic certificate requested as part of a termination agreement, plea bargain or settlement agreement described in paragraph (a), (b) or (c) of subsection 1, the peace officer shall be deemed to have voluntarily surrendered all other basic certificates held by the peace officer, regardless of the training categories in which the basic certificates were awarded.

     4.  A peace officer who voluntarily surrenders a basic certificate may apply to reinstate the basic certificate:

     (a) If the voluntary surrender was for a stated term, after the date specified for the end of the term of voluntary surrender or 60 months after the effective date of the voluntary surrender, whichever occurs earlier; or

     (b) If the voluntary surrender was permanent, 60 months after the effective date of the voluntary surrender.

     5.  A peace officer who wishes to have a basic certificate reinstated must submit a written request to the Commission for authorization to apply for reinstatement of the basic certificate. The Commission will schedule a hearing to consider the request. The Commission will notify the agency that employed the peace officer at the time that the voluntary surrender became effective or the agency that employed the peace officer immediately preceding his or her voluntary surrender, whichever is applicable, of the date and time of the hearing. After the hearing, the Commission will determine whether to authorize the peace officer to apply for reinstatement of the basic certificate.

     6.  If a peace officer is authorized by the Commission to apply for reinstatement of a basic certificate after a voluntary surrender, the peace officer must meet the minimum standards for appointment established by this chapter which are applicable at the time that the peace officer applies for reinstatement of the basic certificate. If the basic certificate is reinstated, the Commission may establish a probationary period during which any misconduct by the officer would result in the revocation of the basic certificate.

     7.  The Executive Director shall submit to the Commission at each meeting of the Commission a report concerning:

     (a) Each voluntary surrender of a basic certificate that was accepted by the Executive Director since the last meeting of the Commission; and

     (b) Each application for reinstatement of a basic certificate that was granted or denied since the last meeting of the Commission.

     (Added to NAC by Peace Officers’ Standards & Training Comm’n by R075-11, eff. 5-30-2012)

      NAC 289.240  Intermediate certificate. (NRS 289.510)  The Executive Director shall grant an intermediate certificate to an officer upon submission of proof satisfactory to the Executive Director that the officer meets the following minimum requirements:

     1.  Forty hours of training concerning the skills of officers, consisting of courses certified by the Executive Director relating to the physical and technical aspects of the requirements of duty, including, without limitation:

     (a) Firearms;

     (b) Self-defense; and

     (c) Use of equipment.

     2.  Forty hours of training concerning investigative skills, consisting of courses certified by the Executive Director covering various aspects and types of investigation, including, without limitation:

     (a) Homicide;

     (b) Interview and interrogation;

     (c) Arson;

     (d) Scientific methods; and

     (e) Other investigative studies.

     3.  Forty hours of training concerning human development, consisting of courses certified by the Executive Director relating to the human aspects of the duties of a peace officer, including, without limitation:

     (a) Stress;

     (b) Leadership; and

     (c) Community relations and other related fields.

     4.  Forty hours of courses certified by the Executive Director in legal subjects such as civil liability and criminal law.

     5.  Forty hours of elective training in any courses relating to peace officers. These courses may include excess courses from the categories set out in subsections 1 to 4, inclusive.

     6.  Six units of credit from an accredited college or university, including three units of English composition.

     7.  A valid basic certificate.

     8.  Three years of experience as a peace officer employed by a Nevada agency.

     9.  Current employment as a peace officer by an agency.

     (Added to NAC by Peace Officers’ Standards & Training Com., eff. 12-17-87; A 8-24-90; A by Peace Officers’ Standards & Training Comm’n by R102-99, 11-2-99)

      NAC 289.250  Advanced certificate. (NRS 289.510)  The Executive Director shall grant an advanced certificate to an officer upon submission of proof satisfactory to the Executive Director that the officer meets the following minimum requirements:

     1.  A current basic certificate.

     2.  A current intermediate certificate.

     3.  Six years of experience as a peace officer.

     4.  Six units of credit from an accredited college or university in addition to the units required for the intermediate certificate, including three units of courses related to communication, including, without limitation, public speaking and development of instructors.

     5.  Two hundred hours of training in any courses relating to peace officers in addition to the training completed for the basic and intermediate certificates.

     (Added to NAC by Peace Officers’ Standards & Training Com., eff. 12-17-87; A 8-24-90; A by Peace Officers’ Standards & Training Comm’n by R102-99, 11-2-99)

      NAC 289.255  Supervisor certificate. (NRS 289.510)

     1.  The Executive Director shall grant a supervisor certificate to an officer upon submission of proof satisfactory to the Executive Director that the officer:

     (a) Currently is employed as a peace officer by an agency;

     (b) Has a current basic certificate;

     (c) Is employed full-time as the direct supervisor of at least one other peace officer; and

     (d) Has successfully completed an 80-hour course of training described in subsection 2.

     2.  The 80-hour course of training required pursuant to this subsection must include, without limitation, instruction in:

     (a) Principles of leadership, including the ethical responsibilities of leadership;

     (b) Group dynamics, including, without limitation, working with persons of different ages and learning styles and the study of multiple intelligences;

     (c) Reviewing reports made by peace officers;

     (d) Staffing and scheduling;

     (e) Preparing performance evaluations;

     (f) Legal issues for supervisors, including, without limitation, personnel law; 

     (g) Supervisory skills, including, without limitation, coaching, team-building, providing positive reinforcement, building trust and setting goals;

     (h) Carrying out progressive discipline;

     (i) Stress management;

     (j) Preventing suicide by peace officers;

     (k) Effective communication skills, including, without limitation, making public presentations and communicating with the media;

     (l) Writing, reviewing and implementing policies;

     (m) Managing conflict in the workplace; and

     (n) Any other topics required by the Executive Director.

     (Added to NAC by Peace Officers’ Standards & Training Comm’n by R118-09, eff. 1-28-2010)

      NAC 289.260  Management certificate. (NRS 289.510)  The Executive Director shall grant a management certificate to an officer upon submission of proof satisfactory to the Executive Director that the officer meets the following minimum requirements:

     1.  A current basic certificate.

     2.  A current intermediate certificate.

     3.  A current advanced certificate.

     4.  A current supervisor certificate.

     5.  Six years of experience as a peace officer, including at least 1 year of experience in a management level position and a current assignment in a management level position. The applicant must present proof that the current assignment meets the criteria for a management level position as set forth in NAC 289.057 by submitting a letter with the application that is signed by the administrator of the agency. The letter must include an organizational chart which demonstrates the applicant’s position within the agency and must describe the manner in which the applicant’s current assignment meets the criteria for a management level position as set forth in NAC 289.057.

     6.  Six units of credit from an accredited college or university in addition to the units required for the intermediate and advanced certificates.

     7.  Successful completion of 200 hours of training in a management training program certified by the Commission which includes, without limitation, courses in the following subjects:

     (a) Introduction to management;

     (b) Public administration;

     (c) Financial administration;

     (d) Personnel administration;

     (e) Management and labor relations; and

     (f) Policy formulation.

     (Added to NAC by Peace Officers’ Standards & Training Com., eff. 12-17-87; A 8-24-90; A by Peace Officers’ Standards & Training Comm’n by R102-99, 11-2-99; R085-10, 12-16-2010; R066-12, 9-14-2012)

REVISER’S NOTE.

      The regulation of the Peace Officers’ Standards and Training Commission filed with the Secretary of State on September 14, 2012 (LCB File No. R066-12), which amended this section, contains the following provision not included in NAC:

      “The amendatory provisions of section 3 of this regulation [NAC 289.260] do not apply to any person who began the process of meeting the minimum requirements necessary to obtain a management certificate on or before September 14, 2012, if any such person meets the minimum requirements on or before September 14, 2015.”

 

      NAC 289.270  Executive certificate. (NRS 289.510)

     1.  The Commission will grant an executive certificate to an officer upon submission of proof satisfactory to the Commission that the officer meets the following minimum requirements:

     (a) A current basic certificate.

     (b) A current intermediate certificate.

     (c) A current advanced certificate.

     (d) A current supervisor certificate.

     (e) A current management certificate.

     (f) Six years of experience as a peace officer, including at least 1 year of experience in an executive level position and a current assignment in an executive level position.

     (g) Two hundred hours of training in advanced management in addition to the training completed for the basic, intermediate, advanced, supervisor and management certificates.

     (h) The applicant must present proof that the current assignment meets the criteria for an executive level position as set forth in NAC 289.047 by submitting a letter of recommendation with the application which is signed by the administrator of the agency. The letter must include an organizational chart which demonstrates the applicant’s position within the agency and must describe the manner in which the applicant’s current assignment meets the criteria for an executive level position as set forth in NAC 289.047.

     2.  In making a determination pursuant to subsection 1, the Commission will review and consider each applicant individually.

     (Added to NAC by Peace Officers’ Standards & Training Com., eff. 12-17-87; A 8-24-90; 4-28-94; A by Peace Officers’ Standards & Training Comm’n by R102-99, 11-2-99; R085-10, 12-16-2010)

      NAC 289.280  Instruction certificate. (NRS 289.510)

     1.  The Executive Director shall grant an instruction certificate in a specific subject to an officer upon submission of proof satisfactory to the Executive Director that the officer meets the following minimum requirements:

     (a) Two years of experience in the subject for which the certificate is issued or 2 years of education and 1 year of experience in the subject for which the certificate is issued.

     (b) Successful completion of a formal course of instruction in the:

          (1) Subject for which the certificate is issued; and

          (2) Development of instructors.

     (c) Development and submission for approval by the Executive Director of a detailed lesson plan for the subject for which the certificate is issued, including, without limitation, objectives for the performance of the students that can be measured with a written or practical examination.

     (d) Submission to the Executive Director of a current written résumé covering the areas of:

          (1) Personal identification;

          (2) Educational experience;

          (3) Work experience;

          (4) Teaching experience; and

          (5) Recommendation of the employing agency.

Ê Instructors may also be certified on the basis of extraordinary experience, education or expertise in an unusually technical subject area.

     2.  To maintain an instructor certificate, an instructor must teach at least one class in the subject for which the certificate is issued during the year immediately preceding each anniversary date of the issuance of the certificate. An instructor must provide evidence of compliance with this requirement upon the request of the Executive Director.

     (Added to NAC by Peace Officers’ Standards & Training Com., eff. 12-17-87; A 8-24-90; R172-97, 1-30-98; A by Peace Officers’ Standards & Training Comm’n by R102-99, 11-2-99)

      NAC 289.290  Denial, revocation, suspension and reinstatement of certificate. (NRS 289.510)

     1.  Each of the following constitutes cause for the Commission to revoke, refuse or suspend the certificate of a peace officer:

     (a) Willful falsification of any information provided to obtain the certificate.

     (b) A permanent or chronic physical or mental disability affecting the officer’s ability to perform his or her full range of duties.

     (c) Chronic drinking or drunkenness on duty.

     (d) Addiction to or the unlawful use or possession of narcotics or other drugs.

     (e) Conviction of a gross misdemeanor. Upon criminal indictment or filing of a criminal complaint, suspension may be imposed.

     (f) Failure to comply with the standards established in this chapter.

     (g) Conviction of a felony. Upon criminal indictment or filing of a criminal complaint, suspension may be imposed. Upon conviction, the certificate will be revoked.

     (h) Conviction of a misdemeanor. If the employing agency recommends suspension or revocation following conviction of the employee for a misdemeanor, suspension or revocation may be imposed. In determining whether to suspend or revoke the certificate, the Commission will consider the type of conviction and other information provided by the agency indicating unprofessional conduct or similar undesirable activity by the officer that resulted in disciplinary action.

     2.  Denial, suspension or revocation procedures will not be considered by the Commission in cases where the employment of an officer is terminated for violations of the policies, general orders or similar guidelines of operation of the employing agency which do not constitute any of the causes for denial, suspension or revocation specified in subsection 1.

     3.  The employing agency shall notify the Commission any time that it becomes aware that one of its officers has been charged with a crime that could result in denial, suspension or revocation procedures. Upon receipt of information alleging any of the causes enumerated in subsection 1, the Commission will determine whether to pursue revocation or suspension of the certificate of the officer.

     4.  The Commission will notify the officer by certified mail at the officer’s last known address of any pending revocation or suspension action and of the nature of the charges and the officer’s right to appear and answer the charges. The officer shall, within 15 days after the date on the certified mail receipt, respond in writing, notifying the Commission of his or her intended action with reference to the charges.

     5.  If the officer fails to notify the Commission within the specified time of his or her intention to appear in answer to the pending action, the Commission will:

     (a) Consider the case on its own merits, using the statement from the head of the employing agency or the substantiated information derived from any independent investigation it deems necessary;

     (b) Take no action pending the outcome of possible criminal action which may be filed against the officer; and

     (c) Take no action pending the outcome of an appeal.

Ê The Commission’s decision will be determined by a majority vote of the members of the Commission present.

     6.  When an officer notifies the Commission of his or her intention to appear and answer the charges pending against him or her, the Commission will elect to sit as a whole at a hearing or designate an independent hearing officer to hear the matter and make recommendations in writing to the Commission. The Commission will review the recommendations of any such hearing officer and arrive at a decision by majority vote of the members present.

     7.  The Commission will notify the officer of its decision within 15 days after the hearing.

     8.  An applicant for a certificate who has not been previously certified, but who would be subject to revocation for any cause set out in subsection 1, will not be granted a certificate.

     9.  If, upon receiving a written allegation that a peace officer is in violation of any provision of subsection 1 and that the facts and circumstances indicate that suspension rather than revocation would be in the best interests of the agency and law enforcement in general, the Commission will suspend the officer’s certificate.

     10.  The Commission will provide each peace officer whose certificate is suspended with written notice of the suspension by certified registered mail. The suspension becomes effective 24 hours after receipt of the certified notice. The notice will contain a statement advising the officer of the right to a hearing.

     11.  Suspension of a certificate is not a bar to future revocation of the certificate and any prior suspensions may be considered as a factor if revocation is being considered by the Commission.

     12.  Five years after the revocation of a certificate, an officer may submit a written request to the Commission to allow him or her to reinstate his or her certificate. The Commission will schedule a hearing to consider whether to reinstate the officer’s certificate. The Commission will notify the agency that requested the revocation of the date and time of the hearing. After the hearing, the Commission will determine whether to reinstate the certificate. If the certificate is reinstated, the Commission may establish a probationary period during which any misconduct by the officer would result in revocation.

     (Added to NAC by Peace Officers’ Standards & Training Com., eff. 12-17-87; A 8-24-90; 4-28-94; A by Peace Officers’ Standards & Training Comm’n by R102-99, 11-2-99; R003-07, 4-17-2008)

CERTIFICATION OF COURSES FOR TRAINING

      NAC 289.300  Basic training courses. (NRS 289.510, 289.590)

     1.  The Executive Director shall certify basic training courses presented by agencies or approved by the Commission which meet the following requirements:

     (a) The length of the course must meet the minimum standards for training established by the Commission.

     (b) A person enrolling in the course must be required to pass a physical fitness examination not sooner than 30 days before the commencement of the course and not later than 14 days after the commencement of the course. To pass such a physical fitness examination, the person must:

          (1) For category I and reserve training:

               (I) Complete a vertical jump of not less than 11.5 inches.

               (II) Complete not less than 24 sit-ups in 1 minute.

               (III) Complete not less than 18 push-ups.

               (IV) Run 300 meters in not more than 1 minute and 22 seconds.

               (V) Walk or run 1.5 miles in not more than 20 minutes and 20 seconds.

               (VI) Complete an agility run in not more than 23.4 seconds.

          (2) For category II training:

               (I) Complete a vertical jump of not less than 12 inches.

               (II) Complete not less than 23 sit-ups in 1 minute.

               (III) Complete not less than 12 push-ups.

               (IV) Run 300 meters in not more than 1 minute and 36 seconds.

               (V) Walk or run 1.5 miles in not more than 24 minutes and 10 seconds.

               (VI) Complete an agility run in not more than 24.9 seconds.

          (3) For category III training:

               (I) Complete a vertical jump of not less than 12 inches.

               (II) Complete not less than 16 push-ups.

               (III) Run 300 meters in not more than 1 minute and 29 seconds.

               (IV) Walk or run 1.5 miles in not more than 21 minutes and 10 seconds.

               (V) Complete an agility run in not more than 24.5 seconds.

     (c) Each course submitted to the Executive Director for certification must have a curriculum that contains the following elements:

          (1) Each topic of instruction for which the Commission has not established standardized performance objectives must have specifically defined objectives for the performance of the students which are based upon known work requirements;

          (2) Each topic of instruction for which the Commission has established standardized performance objectives must include, at a minimum, the standardized performance objectives established by the Commission;

          (3) Each topic of instruction must have a detailed lesson plan that specifically describes what the student is taught; and

          (4) Each topic of instruction must be assigned a specific amount of time.

     (d) Each course must employ performance-oriented instructional methods that provide opportunities for each student to demonstrate achievement of the objectives.

     (e) For each course, there must be a system of written or practical examinations, or both, that will measure on a pass or fail basis the success of each student in achieving the objectives, including an examination at the beginning and end of each course.

     (f) Each agency submitting a course for certification shall provide an instructional facility that meets the following requirements:

          (1) A classroom with adequate heating, cooling, ventilation, lighting and space and an environment conducive to learning;

          (2) Comfortable chairs with tables or arms for writing;

          (3) Audiovisual equipment necessary to support the course;

          (4) Instructional films and videotapes necessary to support the course; and

          (5) A firing range adequate to train officers safely in the use of firearms.

     (g) If an agency authorizes the use of the carotid restraint or the lateral vascular neck restraint, the course must include at least 8 hours of instruction in that restraint and include presentations on the use of force, the rules of the agency relating to safety, medical implications, approved techniques, and instruction on care and control measures. The course provided by such an agency must also include a written test of at least 10 questions requiring a minimum score of 70 percent and a proficiency test requiring a minimum score of 85 percent. The agency shall maintain records of each student’s performance in the course.

     2.  Certification of courses will be made and maintained on the basis of on-site inspections conducted by the Executive Director or the staff of the Executive Director. Inspections will be conducted at the discretion of the Executive Director. The agency shall notify the Executive Director of any proposed changes regarding courses, instructors and facilities.

     3.  The Executive Director shall deny, suspend or revoke the certification of any course for failure of the agency to maintain the minimum curriculum, qualified instructors or requirements for the facility established by the Commission. The Executive Director shall automatically suspend the certification of a course that ceases operation for 24 consecutive months.

     4.  An agency requesting certification of a course shall make the request in writing to the Executive Director at least 60 days before the course is scheduled to begin. The training course must be reviewed and the request signed by the administrator of the agency and the legal adviser. The Executive Director shall acknowledge receipt of the request within 5 working days. The Executive Director shall respond with a detailed review of the course within 30 days and rule on the request within 45 days after receipt of the request.

     [Peace Officers’ Standards & Training Com., § VII, eff. 5-7-82]—(NAC A 12-17-87; 8-24-90; 4-28-94; R024-97, 10-1-97; R169-97, 1-30-98; A by Peace Officers’ Standards & Training Comm’n by R102-99, 11-2-99; R005-01, 11-1-2001; R100-02, 11-12-2002; R166-05, 6-1-2006, eff. 1-1-2007; R118-09, 1-28-2010)

REVISER’S NOTE.

      The regulation of the Peace Officers’ Standards and Training Commission filed with the Secretary of State on January 28, 2010 (LCB File No. R118-09), which amended this section, contains the following provision not included in NAC:

      “1.  The amendatory provisions of sections 3 and 7 of this regulation [NAC 289.200 and 289.205] apply only to a person who enrolls in any peace officer training course required pursuant to section 7 of this regulation [NAC 289.200] on or after January 28, 2010.

      2.  The amendatory provisions of section 9 of this regulation [NAC 289.300] apply only to a basic training course that begins on or after January 28, 2010.”

 

      NAC 289.310  Courses above level of basic training; revocation of certification; duty to report certain information; exception to certification requirement. (NRS 289.510)

     1.  An agency may apply for certification above the level of basic training for a course by submitting to the Executive Director:

     (a) A concise synopsis of the course, including, without limitation, the title of the course, the intended goals of the course and specific objectives for the students in the course;

     (b) A detailed lesson plan, including, without limitation, a chronological list of the major subject headings;

     (c) A list of the intended instructors, including, without limitation, a brief résumé of experience in the subject area and experience in instructing for each instructor;

     (d) The total amount of hours of instruction;

     (e) A description of the written or practical examinations on the material covered by the course which is to be graded on a pass or fail basis and which measures accomplishment of the objectives by the students, including, without limitation, an examination at the beginning and end of the course; and

     (f) A bibliography of all resource materials used to prepare the course.

     2.  The Executive Director shall award certification of a course to an agency which did not comply with the provisions of subsection 1 for a course which has been certified by another state or other comparable agency if the submitting agency presents the supporting documents concerning the subject matter and instructors.

     3.  A request to certify a course must be approved and signed by the administrator of the agency or the administrator’s designee. If the course offers training in legal issues and subjects relating to legal liability, the legal adviser of the agency must approve the course and sign the request for certification.

     4.  The Executive Director shall review courses certified pursuant to this section periodically for compliance with the provisions of this section. The Executive Director shall notify an agency that provides such a course of any noncompliance.

     5.  The Executive Director shall revoke the certification of a course if the agency that provides the course:

     (a) Requests revocation of the certification of the course;

     (b) Has not provided the course during any period of 24 consecutive months; or

     (c) Does not comply with the provisions of this section.

     6.  A training course offered by a private vendor must be sponsored by a law enforcement agency or an accredited university or college.

     7.  An agency whose course has been certified shall, within 15 working days after the completion of the course and on a form that has been approved by the Executive Director, submit to the Executive Director:

     (a) A roster of the peace officers who attended the course;

     (b) Each officer’s results on the examination; and

     (c) An evaluation of the course by each peace officer who attended the course.

     8.  An agency whose course is currently accredited by an organization, such as the National Accreditation Committee or the American Correctional Association, which:

     (a) Is nationally recognized; and

     (b) Gives accreditation to courses for peace officers,

Ê is not required to apply to the Executive Director for accreditation of the course. Such an agency shall, within 15 working days after the completion of a course and on a form that has been approved by the Commission, submit to the Executive Director a roster of the peace officers who attended the course and each officer’s results on the examination.

     [Peace Officers’ Standards & Training Com., § VIII, eff. 5-7-82]—(NAC A 12-17-87; 8-24-90; R173-97, 1-30-98; A by Peace Officers’ Standards & Training Comm’n by R102-99, 11-2-99)

      NAC 289.320  Denial of certification: Written notification of decision; appeal. (NRS 289.510)  Upon making a final decision to deny the certification of a course pursuant to NAC 289.300 or 289.310, the Executive Director shall provide the affected agency with written notification of that decision. The agency may appeal the decision by filing a written request for appeal with the Executive Director within 30 days after the date set forth on the written notification. The request for appeal must set forth specific reasons why the agency believes the denial is improper. The Commission will place the matter on the next available agenda for a meeting of the Commission.

     (Added to NAC by Peace Officers’ Standards & Training Comm’n by R102-99, eff. 11-2-99)

MISCELLANEOUS PROVISIONS

      NAC 289.350  Reports. (NRS 289.510)

     1.  Upon employment or termination of a peace officer or upon the activation or termination of the reserve status of a reserve officer, an agency shall notify the Executive Director on a personnel action report form provided by the Commission or its designee. The personnel action report form must be submitted to the Executive Director within 15 days after the date of employment or termination of a peace officer or the activation or termination of the reserve status of a reserve officer.

     2.  An agency shall submit, upon the request of the Commission or its designee, such documentation or information as the Commission or its designee deems necessary to determine whether the standards and provisions of this chapter have been complied with.

     [Peace Officers’ Standards & Training Com., § IX subsec. 4, eff. 5-7-82]—(NAC A 12-17-87; A by Peace Officers’ Standards & Training Comm’n by R102-99, 11-2-99; R066-03, 12-4-2003)

      NAC 289.370  Waiver of provisions. (NRS 289.510)  Any administrator of an agency may petition the Commission for a waiver of any provision of this chapter on behalf of an officer.

     [Peace Officers’ Standards & Training Com., § IX subsec. 2, eff. 5-7-82]—(NAC A 12-17-87; 4-28-94; A by Peace Officers’ Standards & Training Comm’n by R102-99, 11-2-99)

      NAC 289.380  Disciplinary actions in schools operated by Commission. (NRS 289.510)

     1.  This section applies to students who are enrolled in a school operated by the Commission.

     2.  The representative of the Commission who is in charge of the school or the instructor of a course may:

     (a) Orally reprimand a student;

     (b) Assign extra work to the student;

     (c) Restrict the student’s privileges; or

     (d) Remove a disruptive student from the class,

Ê when that action is necessary to maintain orderly conduct at the school. The representative shall report any such action to the Executive Director.

     3.  The Executive Director may, upon his or her own initiative or upon facts and a recommendation presented by the representative, take one of the following disciplinary actions in any case where that action is necessary to maintain order at the school or to ensure the integrity or professionalism of the program of training:

     (a) Written reprimand of a student;

     (b) Suspension of a student; or

     (c) Dismissal of a student.

     4.  The Executive Director shall notify the administrator of the agency which employs the student in writing in all cases of disciplinary action.

     5.  Any student subjected to disciplinary action pursuant to the provisions of this section may appeal the action taken to the Commission.

     (Added to NAC by Dep’t of Motor Veh., eff. 9-13-82; A by Peace Officers’ Standards & Training Com., 12-17-87; A by Peace Officers’ Standards & Training Comm’n by R102-99, 11-2-99)