(1) A break in service from a peace officer position for which the RBC/ SIBC is required, [FN1] or

(2) Successful completion of the Basic Course without having obtained qualifying employment; or

(3) The issuance of a Basic Course Waiver without having obtained qualifying employment.

(1) Break in Service. An individual who has completed requalification due to a break in qualifying employment from a California law enforcement employer has up to three years from the date of completion to be appointed to a position for which the RBC/SIBC is required. If more than three years has elapsed after completing requalification without an appointment, requalification can be repeated as often as necessary.

(2) Basic Course Completion. An individual has a maximum of three years following completion of requalification to obtain initial qualifying employment. If more than six years has elapsed since the completion of the RBC/SIBC without obtaining initial qualifying employment, the RBC/SIBC must be repeated, regardless of the date of the completion of requalification. Requalification may not be repeated. [FN2]

(3) Basic Course Waiver. An individual who initially received a Basic Course Waiver has a maximum of three years following completion of requalification to obtain qualifying employment. If more than six years has elapsed since the date the Waiver was granted without obtaining qualifying employment, the RBC/SIBC must be completed, regardless of the date of completion of requalification. Requalification may not be repeated. [FN2] The one exception is an individual who has been employed continuously in another state as a sworn full-time peace officer, general or investigative, with less than a three-year break in qualifying employment may reapply for the appropriate waiver one time. A new application (including training certification information) must be filed, subject to the training standards, testing, and fee requirements in effect at the time of submission of the new application. An individual who receives a second Basic Course Waiver has a maximum of three years following completion of requalification to obtain qualifying employment. If more than six years has elapsed since the date the second Waiver was granted without obtaining qualifying employment, the RBC/SIBC must be completed, regardless of the date of completion of requalification.

(1) An individual who possess a POST Basic Certificate and is seeking qualifying employment after a greater than three-year break in service may receive an exemption of the requalification requirement by the Executive Director or the Commission under the following circumstances:

(2) The prospective hiring agency seeking an exemption for an individual who meets the criteria outlined above shall submit a letter to the Executive Director that includes: 1) reason for the request; 2) description of the intended job classification and duty assignments; and 3) documentation of prior employment, training and education, and the dates completed as it applies to the criteria outlined in subsections 1008(d)(1)(A)-(D).

(3) Any exemption granted by the Executive Director is specific to the agency making the request and is for the position described in the request.

(4) The Commission may, in response to a written request or on its own motion, upon a showing of good cause and based upon an individual's employment, proficiency, training, and education, exempt an individual from completion of the basic course requalification requirement. The individual shall: 1) have satisfied the Regular Basic Course training requirement; 2) become re-employed as a peace office after a three year or longer break in service; and 3) not be described or included in subsections 1008(d)(1)(A)-(D).

(1) An individual who successfully completed the RBC or received a Basic Course Waiver on or after January 1, 2013 and has been appointed as a jail deputy [Penal Code section 830.1(c)], but who has not previously accrued one year of qualifying employment, is eligible for an exemption of the requalification requirement if the individual has:

(2) Documentation of Exemption

Written documentation determined by the department head as satisfying an exemption listed above shall be retained by the employing agency for at least the duration of the individual's employment with the department. This retention period is required so that the employing agency can provide supporting documentation of the exemption, if it is requested during a POST inspection.

(1) Requalification Course Eligibility. Presenters of the Requalification Course shall require proof, to the training presenter's satisfaction, that the applicant is eligible to enroll in the course based on the requirements specified in subsection 1008(b).

(2) Requalification Course Training Requirements -- Presenters shall provide instruction for the Requalification Course as follows:

(3) Testing Requirements

(4) Retests -- Presenters shall provide each student who fails a required initial test or exercise test an opportunity to retest. Students being retested on the POST-Constructed Comprehensive Test shall be retested using an alternative form of the test. Only one retest is permitted. If the student fails the retest, the student shall fail the course.

(5) Presenters shall notify the POST Basic Training Bureau when 15% or more of the students attending the course fail any POST-required scenario or exercise test, to include both initial test(s) and retest(s). Notification shall be made within 24 hours of the failures(s). Test failures of 15% or more shall be based on the total class size at the time of test administration.

(1) Requalification Methods. The provisions and means for requalification for a position for which Module III of the Basic Course is required are as follows:

(2) Requalification Requirements

Prior to appointment as a Level III reserve peace officer, an individual must successfully complete requalification if more than three years has elapsed since the date of any of the following:

(3) Requalification Time Limits.

An individual who completed requalification as a result of a break in service as a Level III reserve peace officer has up to three years to be appointed to a Level III reserve peace officer position. If more than three years has elapsed without appointment, requalification may be repeated.

Upon successful completion of requalification, an individual who completed Model III, Module II, or the Basic Course has three years to secure initial appointment in a position as a Level III reserve peace officer. If, after six years, the individual has not had an initial appointment as a Level III reserve peace officer, Module III must be repeated, regardless of the date of completion of requalification during that six year period. [FN3]

(4) Requalification Testing Process.

Only individuals who have completed Module III training may apply to participate in the Module III Requalification Testing Process.

(1) Requalification Methods. The provisions and means for requalification for a position for which Module II of the Basic Course is required are as follows:

(2) Prior to appointment as a Level II reserve peace officer, an individual must successfully complete requalification if more than three years has elapsed since the date of any of the following:

(3) Requalification Time Limits.

An individual who completed requalification as a result of a break in service as a Level II reserve peace officer has up to three years to be appointed to a Level II reserve peace officer position. If more than three years has elapsed without appointment, requalification may be repeated. If more than six years elapses between an individual's successful completion of Module II and an initial appointment as a Level II reserve peace officer, the individual must repeat Module II, regardless of the date of completion of requalification during that six-year period. [FN4]

(4) Requalification Testing Process.

Only individuals who have completed Module III and Module II training may apply to participate in the Module II Requalification Testing Process.