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§ 1203. Peace Officer Disqualification.

11 CA ADC § 1203Barclays Official California Code of RegulationsEffective: May 5, 2023

Barclays California Code of Regulations
Title 11. Law
Division 2. Commission on Peace Officer Standards and Training
Article 4. Peace Officer Certification
Effective: May 5, 2023
11 CCR § 1203
§ 1203. Peace Officer Disqualification.
(a) Pursuant to Penal Code section 13510.8(a)(1), a certified peace officer shall have their certification revoked if the person is, or has become, ineligible to hold office as a peace officer pursuant to Government Code section 1029. In this event, the Commission delegates to commission staff the authority to revoke any certificate, pending the Commission's final order, in accordance with the following procedure:
(b) Upon a preliminary determination by the Peace Officer Standards Accountability Division that the person is, or has become, disqualified for any of the reasons set forth in Government Code section 1029, the commission shall serve upon the person a notice of intent to revoke the peace officer's certification by certified and regular mail. Receipt from the Department of Justice of the necessary disqualifying felony or misdemeanor conviction data specified in Government Code section 1029(f) shall constitute prima facie evidence of the fact of the conviction.
(1) In the notice of intent to revoke the peace officer's certification, the commission shall advise the person that they have the right to respond to the intended revocation in the event that the person asserts that a disqualifying conviction did not occur.
(2) The person shall have 30 calendar days from the latest date of mailing of the notice of intent to provide a written response to the division regarding the revocation of the peace officer's certification based on the disqualifying conviction. The written response shall include the factual or legal basis supporting the contention that a disqualifying conviction did not occur, including all substantiating documents to support the contention. The written response shall be received or postmarked within 30 calendar days of the latest date of mailing of the notice of intent. Reasonable extensions of time to respond may be granted by the division upon a showing of good cause.
(3) If a written response is not received or postmarked within 30 calendar days of the latest date of mailing of the notice of intent, or within any extension of time granted for the response, the peace officer's certification shall be revoked by the division, by means of an interim order of disqualification and decertification, pending the Commission's final order. The person shall be served by regular and certified mail, written notice of the interim order of disqualification and decertification, which shall be placed, in accordance with the Bagley-Keene Act, on the consent calendar at the next regularly scheduled meeting of the Commission. Upon approval of the consent calendar by the Commission, the decertification order shall become final.
(4) If a written response is received, the division will review the response and conduct any appropriate additional investigation deemed necessary to determine whether a disqualifying conviction occurred. If, following review and any additional investigation, the division determines that a disqualifying conviction occurred, it shall serve an interim order of disqualification and decertification upon the person and/or their legal representative, and the matter shall be placed on the consent calendar at the next regularly scheduled meeting of the Commission. Following review of the conviction record, including the staff report and the response received from the person or their representative, pursuant to subdivision (b)(2), if the Commission agrees with the division's actions, the Commission shall summarily affirm the interim order of disqualification and decertification.

Credits

Note: Authority cited: Sections 13503, 13506 and 13510.8, Penal Code; and Section 1029, Government Code. Reference: Section 13510.8, Penal Code; and Section 1029, Government 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 5/3/24 Register 2024, No. 18.
Cal. Admin. Code tit. 11, § 1203, 11 CA ADC § 1203
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