CHAPTER 289 - STANDARDS AND TRAINING FOR PEACE OFFICERS

[Rev. 8/4/2006 12:18:09 PM]

GENERAL PROVISIONS

289.010 Definitions.

289.015 “Agency” 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.

289.050 “Immediate supervision” defined.

289.053 “Less than lethal weapon” defined.

289.055 “Lesson plan” 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.

289.210 Basic and reserve basic certificates: Nature.

289.230 Basic or reserve certificate: Requirements for continuing education of officer.

289.240 Intermediate certificate.

289.250 Advanced 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 Courses of basic training. [Effective through December 31, 2006.]

289.300 Basic training courses. [Effective January 1, 2007.]

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)

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 289.020 “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 NAC 289.010 to 289.380, inclusive.

(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 NAC 289.010 to 289.380, inclusive.

(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 289.050 “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 289.060 “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:

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

(b) Is a citizen of the United States;

(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 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. A person may not be appointed to perform the duties of a peace officer if he 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; or

[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)

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;

(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 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. Legal subjects, specifically:

(a) Constitutional law;

(b) Probable cause;

(d) Laws of arrest;

(e) Crimes against property;

(f) Crimes against persons;

(g) Laws governing coroners;

(h) Traffic laws;

(i) Laws relating to narcotics;

(j) Civil liability;

(k) Use of force;

(l) Laws relating to child abuse;

(m) Laws relating to the abuse of elderly persons;

(n) Laws relating to domestic violence;

(o) Laws relating to stalking and aggravated stalking;

(p) Laws relating to juveniles;

(q) Miscellaneous crimes; and

(r) Operation of emergency vehicles.

2. Procedures for patrol, specifically relating to:

(a) Basic patrol procedures;

(b) Stopping and citing of drivers of vehicles;

(d) Searching of buildings;

(e) Domestic violence;

(f) Stalking and aggravated stalking;

(g) Child abuse;

(h) Abuse of elderly persons;

(i) Handling persons who are mentally ill;

(j) Crisis intervention;

(k) Weapons of mass destruction; and

(l) Counter-terrorism.

3. Skills of officers, specifically:

(a) Techniques of interviewing and interrogation;

(b) Writing of reports;

(d) Methods of arrest;

(e) Less than lethal weapons;

(f) Retention of weapons;

(g) Qualification for use of firearms;

(h) Defensive tactics; and

(i) Operation of emergency vehicles.

4. Investigation, specifically:

(a) Principles of investigation;

(b) Investigation of crime scenes;

(d) Investigation of drivers who are under the influence of alcohol or a controlled substance;

(e) Investigation of accidents;

(f) Investigation of allegations of the abuse of elderly persons; and

(g) Investigation of allegations of stalking and aggravated stalking.

5. Community relations, specifically:

(a) Ethics in law enforcement;

(b) Victim’s rights;

(d) Interpersonal communication.

6. Miscellaneous subjects, specifically:

(a) Stress;

(b) Criminal justice process;

(d) Emergency first aid;

(e) Cardiopulmonary resuscitation;

(f) National Crime Information Center procedure; and

(g) Physical conditioning.

7. 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)

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. Legal subjects, specifically:

(a) Constitutional law;

(b) Probable cause;

(d) Laws of arrest;

(e) Crimes against property;

(f) Crimes against persons;

(g) Laws relating to narcotics;

(h) Miscellaneous crimes;

(i) Civil liability;

(j) Use of force;

(k) Laws relating to child abuse;

(l) Laws relating to the abuse of elderly persons;

(m) Laws relating to domestic violence;

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

(o) Laws relating to juveniles.

2. Procedures in the field, specifically:

(a) Survival of officers;

(b) Domestic violence;

(d) Child abuse;

(e) Abuse of elderly persons;

(f) Handling persons who are mentally ill;

(g) Crisis intervention;

(h) Care and custody of prisoners;

(i) Weapons of mass destruction; and

(j) Counter-terrorism.

3. Skills of officers, specifically:

(a) Techniques of interviewing and interrogation;

(b) Writing of reports;

(d) Physical methods of arrest and defensive tactics;

(e) Retention of weapons;

(f) Qualification for use of firearms; and

(g) Physical conditioning.

4. Investigations, specifically:

(a) Principles of investigation;

(b) Investigation of crime scenes;

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

(e) Collection and preservation of evidence.

5. Community relations, specifically:

(a) Ethics in law enforcement;

(b) Victim’s rights;

(d) Communication skills.

6. Miscellaneous subjects, specifically:

(a) Stress;

(b) Criminal justice process;

(d) Emergency first aid;

(e) Cardiopulmonary resuscitation; and

(f) National Crime Information Center procedure.

7. 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)

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;

(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;

(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;

(d) Defensive tactics;

(e) Introduction of restraints; and

(f) Physical conditioning.

4. Investigation, specifically:

(a) Crime scene and evidence;

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

(d) Personality disorders and prevention of suicide.

5. Community relations, specifically:

(a) Ethics for correctional officers;

(b) Cultural awareness;

(d) Public and media relations.

6. Miscellaneous subjects, specifically:

(a) Modern correctional philosophy;

(b) First aid;

(d) Criminal justice system.

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)

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. Legal subjects, including an overview of:

(a) Constitutional law;

(b) Probable cause;

(d) Laws of arrest;

(e) Crimes against property;

(f) Crimes against persons;

(g) Traffic laws;

(h) Laws relating to narcotics;

(i) Civil liability;

(j) Use of force;

(k) Laws relating to child abuse;

(l) Laws relating to the abuse of elderly persons;

(m) Laws relating to domestic violence;

(n) Laws relating to stalking and aggravated stalking;

(o) Laws relating to juveniles; and

(p) Miscellaneous crimes.

2. Procedures for patrol, specifically relating to:

(a) Basic patrol procedures;

(b) Stopping and citing of drivers of vehicles;

(d) Searching of buildings;

(e) Domestic violence;

(f) Handling persons who are mentally ill;

(g) Crisis intervention;

(h) Weapons of mass destruction; and

(i) Counter-terrorism.

3. Skills of officers, specifically:

(a) Writing of reports;

(b) Fingerprinting;

(d) Less than lethal weapons;

(e) Retention of weapons;

(f) Qualification for use of firearms; and

(g) Defensive tactics.

4. Investigation, specifically:

(a) Principles of investigation;

(b) Investigation of crime scenes; and

5. Community relations, specifically:

(a) Ethics in law enforcement;

(b) History and principles of law enforcement;

(d) Emergency first aid;

(e) Cardiopulmonary resuscitation; and

(f) Physical conditioning.

6. 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)

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

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

(2) Complete not less than 15 sit-ups in 1 minute;

(3) Complete not less than 18 push-ups;

(4) Run 300 meters in not more than 77 seconds; and

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

2. The Executive Director may award a basic certificate to any peace officer who has been previously 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;

(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 in:

(1) Constitutional law;

(2) Probable cause;

(3) Search and seizure;

(4) Laws of arrest;

(5) Crimes against property;

(6) Crimes against persons;

(7) Laws relating to narcotics;

(8) Civil liability;

(9) Use of force;

(10) Laws relating to child abuse;

(11) Laws relating to domestic violence;

(12) Laws relating to juveniles;

(13) Miscellaneous crimes;

(14) Rights of victims;

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

(16) Sexual harassment;

(17) Cultural awareness;

(18) Laws relating to abuse of elderly persons;

(19) Laws relating to stalking and aggravated stalking;

(20) Weapons of mass destruction; and

(21) Counter-terrorism;

(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. To pass the examination, a person must:

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

(2) Complete not less than 15 sit-ups in 1 minute;

(3) Complete not less than 18 push-ups;

(4) Run 300 meters in not more than 77 seconds; and

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

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) Legal subjects, specifically:

(I) Laws governing coroners;

(II) Traffic laws; and

(III) Operation of emergency vehicles;

(2) Procedures for patrol, specifically relating to:

(I) Basic patrol procedures;

(II) Stopping and citing of drivers of vehicles;

(III) Searching of buildings;

(IV) Weapons of mass destruction; and

(V) Counter-terrorism;

(3) Skills of officers, specifically:

(I) Less than lethal weapons; and

(II) Operation of emergency vehicles; and

(4) Investigations, specifically:

(I) Investigation of drivers who are under the influence of alcohol or a controlled substance; and

(II) Investigation of accidents; and

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

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

(2) Complete not less than 15 sit-ups in 1 minute;

(3) Complete not less than 18 push-ups;

(4) Run 300 meters in not more than 77 seconds; and

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

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

(a) While enrolled in a basic training course certified or approved pursuant to NAC 289.300; or

(b) Not earlier than 16 weeks before, or not later than 16 weeks after, the date on which he was hired or, if the officer is a reserve officer, the date of activation of his 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 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 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 he was hired or, if the officer is a reserve officer, the date of activation of his 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 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 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 he completes the course, the person must repeat all of the requirements for basic certification set forth in subsection 1.

[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)

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 NAC 289.010 to 289.380, inclusive.

(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 of officer. (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 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 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 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 has complied with the continuing education requirement.

4. 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 is authorized to use. An officer who does not demonstrate a minimum level of proficiency with the use of any firearm he is authorized to use may not carry or use the firearm until he participates in a remedial course established by the employing agency to ensure that he 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 lethal weapon, demonstrate a minimum level of proficiency in the use of each such weapon or device he is authorized to use.

(c) If the duties of an officer require him 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 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 who is certified by the Executive Director to instruct courses in firearms, impact weapons or defensive tactics is not required to comply with the continuing education requirements of subsection 4 if the officer:

(a) Instructs a course in the subject for which his certificate is issued 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 instructs.

7. 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)

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

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;

(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

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 289.260 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. Six years of experience as a peace officer, including at least 1 year of experience as a first-line supervisor and a current assignment as a first-line supervisor.

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

6. Two hundred hours of training which includes courses in the following subjects or their equivalent:

(a) Introduction to management;

(b) Public administration or business administration;

(d) Personnel administration;

(e) Management and labor relations;

(f) Supervision; and

(g) 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)

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.

(d) A current management certificate.

(e) Six years of experience as a peace officer, including at least 1 year of experience at the command level and a current assignment at the command level.

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

(g) Authority to develop and approve policies of the agency. The applicant must present proof of such authority by submitting a letter 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 he develops and approves policies for the agency.

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)

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 full range of duties.

(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 NAC 289.010 to 289.380, inclusive.

(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 intended action with reference to the charges.

5. If the officer fails to notify the Commission within the specified time of his 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

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 intention to appear and answer the charges pending against him, 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. Any suspension pursuant to this section will be for no longer than 60 days.

11. 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 his right to a hearing.

12. 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.

13. Five years after the revocation of a certificate, an officer may submit a written request to the Commission to allow him to reinstate his 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)

CERTIFICATION OF COURSES FOR TRAINING

NAC 289.300 Courses of basic training. [Effective through December 31, 2006.] (NRS 289.510, 289.590)

1. The Executive Director shall certify courses of basic training 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) Each course submitted to the Executive Director for certification must have a curriculum that contains the following elements:

(1) Each topic of instruction must have specifically defined objectives for the performance of the students which are based upon known work requirements;

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

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

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

(d) 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.

(e) 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.

(f) 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 his staff. 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 his 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)

NAC 289.300 Basic training courses. [Effective January 1, 2007.] (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) 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.

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

(d) 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.

(e) 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.

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 his 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

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

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 NAC 289.010 to 289.380, inclusive, 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 NAC 289.010 to 289.380, inclusive, 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;

(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 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

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)