(a) The commission shall cancel the appointment to the POST agency roster of a peace officer for the following reasons:
(1) The appointment was made as a result of misrepresentation or fraud.
(2) The appointment was made as a result of administrative error on the part of the commission or the employing agency.
(3) An audit revealed the appointee did not meet the minimum hiring and selection standards required at the time of appointment.
(b) Upon a determination made in accordance with subdivision (a)(2) or (3) that an appointment resulted from a deficiency in file documentation, the commission shall notify the agency of the deficiency in writing and shall permit the agency an opportunity to correct the deficiency. A failure to correct the deficiency within 30 days from the date of mailing of the commission's notice to the agency will result in cancellation of the appointment to the POST agency roster by the commission, in accordance with subdivision (c).
(1) If the deficiency is corrected within 30 days, the agency shall notify the commission of the correction and, upon confirmation by the commission that the deficiency has been corrected, documentation of the correction will be placed in the agency file and no further action will be taken.
(2) Upon request, the commission shall grant up to two 30-day extensions for good cause.
(c) Written Notice of Cancellation of Appointment to the POST Agency Roster
(1) In any case in which the commission cancels an appointment to the POST agency roster, the commission shall notify the agency head of the peace officer's name, the specific reason for the cancellation, the appointment cancellation date, and the procedure for requesting an appeal of the cancellation.
(2) A notice of cancellation may be appealed in accordance with subsection (d).
(d) Appeals
(1) An appeal will be considered timely if the appeal and all supporting documentation is submitted in writing to the Executive Director and postmarked within 20 business days of the date of the mailing of the Executive Director's decision to the agency.
(A) Appeals received at least 20 business days prior to the next scheduled Commission meeting will be heard at that meeting.
(B) Appeals received with less than 20 business days remaining prior to the next scheduled Commission meeting will be heard at the next following scheduled meeting.
(C) The commission shall notify the appellant of the date, time, and location of the hearing within 15 business days of the receipt of the appeal by the commission.
(D) At an appeal hearing, the Commission shall consider the staff report, the appeal documentation received from the appellant, and any other evidence presented at the hearing. Following deliberation, the Commission shall notify the appellant of its decision upon reconvening in open session.
(e) Cancellation of Proof of Eligibility
Upon cancellation of an appointment to the POST agency roster, the corresponding Proof of Eligibility shall also be cancelled.
Credits
Note: Authority cited: Sections 13503, 13506 and 13510.1, Penal Code. Reference: Section 1029, Government Code; and Section 13510.1, Penal Code.
History
1. New section filed 5-5-2023; operative 5-5-2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 18).
This database is current through 5/10/24 Register 2024, No. 19.
