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§ 1010. Participation.

11 CA ADC § 1010Barclays Official California Code of RegulationsEffective: January 1, 2023

Barclays California Code of Regulations
Title 11. Law
Division 2. Commission on Peace Officer Standards and Training
Article 1. General
Effective: January 1, 2023
11 CCR § 1010
§ 1010. Participation.
(a) POST Program Participation
(1) Eligibility
To be eligible for participation in the POST Program, an agency shall agree to comply with and continue to adhere to minimum selection and training standards and all Commission regulations.
(2) Requests to Participate in POST Program
Participation in the POST Program is voluntary. An agency desiring to participate in the POST Program shall present the Commission with a letter of request to participate, and if eligible, a request to receive aid. If the agency also desires its public safety dispatchers to participate in the Public Safety Dispatcher Program, this shall also be included in the letter of request. The letter shall be accompanied by a certified copy of an ordinance, or in instances where an ordinance is not appropriate, a resolution or letter of intent adopted by the governing body of the requesting agency. The document (e.g., ordinance) shall state that while participating in the POST Program, the agency will adhere to minimum selection and training standards and Commission regulations.
(3) Inspection of Records
Participation in the POST Program requires that the agency/dispatch center allow the Commission to make inquiries and inspect records as may be necessary to verify claims for reimbursement or to confirm whether the agency or dispatch center is adhering to Commission regulations.
(4) Mergers Occurring After Initial Request to Participate
If a group of peace officers becomes a part of an agency via a merger or through legislation (e.g., coroners merging with a sheriff's agency) and this group of officers was not included in the initial request to participate, an additional request and accompanying documents shall be required as described in subsection 1010(a)(2).
(5) Initial Compliance
When an agency has notified the Commission of its intent to participate, POST staff will work with the agency to ensure officers are compliant. Incumbent officers' records are reviewed to determine compliance with minimum selection and training standards specified in the Penal, Government, or Vehicle Codes that were applicable at the time of each officer's appointment. Officers hired on or after the date an agency enters the POST Program shall be required to meet Commission regulations, which may be the same or higher standards than the standards in the aforementioned codes.
(6) Proof of Eligibility Compliance
A participating agency shall require every peace officer, appointed on or after January 1, 2023, who is not eligible for the POST Basic Certificate, to apply for a POST Proof of Eligibility as specified in Commission Regulation 1202.
(7) Basic Certificate Compliance
A participating agency shall require every peace officer, appointed on or after the agency's entry into the POST Program, to acquire the POST Basic Certificate as specified in Commission Regulation 1202(a)(5).
(8) Commission Confirmation
When the agency is in full compliance as described in subsection 1010(a)(5), participation of the agency will be confirmed by the Executive Director and an effective date of entry established. Approval of an agency's participation in the POST Reimbursable Program will also be confirmed.
(9) Non-compliance and Ineligibility to Receive Services and Benefits
(A) Failure to Adhere to Commission Regulations
If the Commission determines that an agency has failed to adhere to Commission Regulations, including but not limited to the inspection of records, the Commission shall notify the agency of its concern and of the agency's possible removal from the program(s). The Commission shall request that the agency correct the problems causing non-compliance with the Commission Regulations.
(B) Appeal Process
In the event that the agency disagrees with the Commission's findings of non-compliance, the Commission shall afford the affected agency the opportunity to appear before the Commission and present appropriate evidence or testimony.
(C) Denial of Services/Benefits
If the Commission finds that the Commission Regulations have not been adhered to, it shall, beginning with a date determined by the Commission, reject all of the agency's requests for services and benefits (refer to Penal Code Section 13523). An agency may be reinstated in the program and again become eligible for services and benefits, when the agency has demonstrated, to the satisfaction of the Commission that it will adhere to the prescribed Commission Regulations. The period during which the agency shall remain ineligible for services and benefits shall be determined by the Commission.
(b) POST Public Safety Dispatcher Program Participation
(1) Eligibility
A dispatch center of a local law enforcement agency or an independent communication service agency [i.e., an agency that employs dispatchers who primarily provide services to both police and fire and/or fire and emergency medical services (EMS) and which is not a part of a local law enforcement agency] may apply to participate in the POST Public Safety Dispatcher Program. To be eligible for participation in the POST Public Safety Dispatcher Program, the dispatch center of a local law enforcement agency or an independent communication service agency (as described above) shall agree to comply with and continue to adhere to minimum selection and training standards and other applicable Commission Regulations for its public safety dispatchers.
(2) Requests to Participate in Public Safety Dispatcher Program
Participation in the POST Public Safety Dispatcher Program is voluntary. An agency or independent dispatch center desiring to participate in the POST Public Safety Dispatcher Program shall present the Commission with a letter of request to participate, and if eligible, a request to receive aid. The letter shall be accompanied by a certified copy of an ordinance; or in instances where an ordinance is not appropriate, a resolution or letter of intent adopted by the governing body of the requesting agency. The document (e.g., ordinance) shall state that while participating in the POST Public Safety Dispatcher Program, the agency shall adhere to the minimum selection and training standards and other Commission requirements specified for public safety dispatchers.
(3) Inspection of Records
Refer to subsection 1010(a)(3).
(4) Initial Compliance
Incumbent public safety dispatchers will not be required to meet selection and entry-level training standards. Dispatchers hired after the agency enters the Public Safety Dispatcher Program shall meet the requirements applicable to dispatchers as specified in Commission Regulations. Any incumbent dispatcher who transfers to another participating agency will be considered a new hire and shall be required to meet selection and training standards.
(5) Commission Confirmation
Participation of the dispatch center of a local law enforcement agency or an independent communication service agency will be confirmed by the Executive Director and an effective date of entry established. Approval of a dispatch center's participation in the POST Reimbursable Program will also be confirmed.
(6) Non-compliance and Ineligibility to Receive Services and Benefits
Refer to subsection 1010(a)(9)(A)-(C).

Credits

Note: Authority cited: Sections 13503, 13506 and 13510.1, Penal Code. Reference: Sections 13503, 13510.1, 13522, 13523, 13524, 13525, 13526, 13526.1 and 13526.2, Penal Code.
History
1. Change without regulatory effect renumbering and amending former section 9030 to new subsections 1010(a)-(a)(8)(C) and renumbering and amending former section 9031 to new subsections 1010(b)-(b)(6) filed 11-26-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 48). For prior history, see Register 2007, No. 23.
2. Change without regulatory effect amending section filed 12-9-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 50).
3. Change without regulatory effect amending subsections (a)(4), (a)(7) and (b)(3) filed 6-9-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 24).
4. Amendment of subsections (a)(3), (a)(6), (a)(8)(A) and (a)(8)(C) filed 10-15-2021; operative 1-1-2022 (Register 2021, No. 42). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
5. Amendment of section and Note filed 10-17-2022; operative 1-1-2023 (Register 2022, No. 42).
This database is current through 6/7/24 Register 2024, No. 23.
Cal. Admin. Code tit. 11, § 1010, 11 CA ADC § 1010
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