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§ 1209. Notification of Completed Investigation, Officer Rights to Request Review, and Hearing ...

11 CA ADC § 1209Barclays 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 § 1209
§ 1209. Notification of Completed Investigation, Officer Rights to Request Review, and Hearing Procedures.
Currentness
(a) Upon the completion of an investigation pursuant to Commission Regulation 1206, the division shall take the following steps:
(1) If the division does not find reasonable grounds for revocation or suspension of a peace officer's certification, and following review and approval by the Executive Director or his or her designee, it shall promptly make notification in writing to:
(A) The involved peace officer or designated representative, and
(B) The agency head that employs or employed the involved peace officer.
(2) If the division finds reasonable grounds for revocation or suspension of a peace officer's certification, and following review and approval by the Executive Director or his or her designee, it shall promptly make notification in writing to the agency head that employs or employed the involved peace officer.
(3) The involved peace officer shall be served with the notice of intent to revoke by both certified and regular mail at the last known address of record.
(A) The notification shall include the following information, pursuant to Penal Code section 13510.85(a)(1):
1. A statement the investigation has been completed,
2. A statement of determination and reasons,
3. A detailed explanation of the decertification procedure, and
4. The peace officer's rights to contest and appeal.
(b) Upon notification the division has found reasonable grounds for suspension or revocation, the peace officer may file a request for review by the board and Commission. Use of the form Request for Review of Peace Officer Certification, POST 2-359 (03/2023), herein incorporated by reference, is encouraged. The request for review must be received or postmarked within 30 calendar days of the latest date of mailing of the notice of intent to revoke. The request for review is limited to a request to set the matter for hearing. Additional evidence or argument will not be considered.
(1) The request shall be submitted to POST as follows:
If by mail or hand delivery:
860 STILLWATER ROAD, SUITE 100
WEST SACRAMENTO, CA 95605
If by email: [email protected]
(2) If a request for review is received, the board shall schedule a case for hearing, as soon as practicable, pursuant to Penal Code section 13510.85.
(a) The division shall provide written notification to the agency head that employs, or employed, the involved peace officer of the request for review.
(b) The division shall provide written notification to the peace officer of the date and time of the board and Commission hearings.
(c) The division shall provide the peace officer with a copy of the division's investigative summary and findings.
(c) The peace officer may voluntarily surrender their certification permanently, pursuant to Commission Regulation 1210. If the peace officer chooses to permanently surrender their certification they shall submit a Voluntary Surrender of Peace Officer Certification, POST 2-358 (03/2023), herein incorporated by reference.
(d) If the peace officer does not file a request for review within 30 calendar days, the peace officer's certification shall be suspended or revoked, consistent with the division's determination, without further proceedings, pursuant to Penal Code section 13510.85(a)(2).
(e) Board and Commission Hearing Review Process
(1) The division shall present its findings to the board. Following conclusion of the division's presentation and any public comments related to the case before the board, the board shall make a recommendation.
(2) The division shall present its findings, as presented to the board, including any information added to the record during the board hearing and the board's recommendation, to the Commission.
(A) During the hearings, no witness testimony or presentation of additional evidence or argument is permitted.
(B) The peace officer or the peace officer's representative may only address the issue of the sufficiency of the division's findings before the board and Commission during the public comment period.
(C) Following the division's presentations to the board and Commission:
1. The board shall make a recommendation to the Commission, pursuant to Penal Code section 13510.85(a)(4).
2. The Commission shall make a determination, pursuant to Penal Code section 13510.85(a)(5).

Credits

Note: Authority cited: Sections 13503, 13506, 13510.85 and 13510.9, Penal Code. Reference: Sections 13510.85 and 13510.9, 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 5/3/24 Register 2024, No. 18.
Cal. Admin. Code tit. 11, § 1209, 11 CA ADC § 1209
End of Document