Chapter 464-2 DEFINITIONS
Unless the context requires otherwise, the following words and
terms shall have the following meanings:
| (a) |
An "Emergency Peace Officer" retains the
power and authority of a peace officer only for the duration of the emergency
or disaster. |
| (b) |
"Law Enforcement
Support Personnel" shall include but not be limited to the following:
| 2. |
Communication Officers; |
| 3. |
Identification Technicians; |
| 5. |
Photographers;
Secretaries and clerical staff personnel shall not be
considered as law enforcement support personnel.
|
|
| (c) |
"Peace Officer" as defined in O.C.G.A.
§ 35-8-2(8),
for the purposes of these rules shall not include persons on active duty with
the armed forces or the Coast Guard of the United States and federal law
enforcement officers. |
| (d) |
A
"Sponsoring Agency of a School" is an agency, body, or institution of this
State or a subdivision thereof which assumes responsibility as surety for a
certified school. |
| (e) |
"Sponsoring
Agency" is any POST recognized agency which assumes the responsibility of a
candidate for officer certification. |
| (f) |
A "Certified School" is a training school
certified in accordance with these Rules. |
| (g) |
A "Certified School Director" is a chief
executive officer of a certified school and one who has been certified in
accordance with these Rules. |
| (h) |
The "Basic Training Course" is the program of instruction prescribed by
the Council to satisfy the minimum mandatory requirements of the
P.O.S.T. Act (O.C.G.A. § 35-8.) |
| (i) |
"Advanced Specialized Training" is an
approved training program beyond the basic course of instruction which
has as its primary goal the development of special skills or that raises the
proficiency level within that specialized skill to an advanced level of
competence and performance and which is different from in-service
training. |
| (j) |
"In-service Training"
is any training program drawn from the curriculum of the basic training course,
which is generally offered for the purposes of updating or refreshing an
officer's knowledge and basic skill level. |
| (k) |
An "Instructor" is any person employed,
appointed, or utilized by a school to present a course of study or
instruction. |
| (l) |
A "Certified
Instructor" is any instructor certified in accordance with these
Rules. |
| (m) |
"Revoke" (Revocation)
means an action taken by the Council whereby the certification or registration
of an officer is canceled and the officer shall no longer perform the functions
of a certified officer. |
| (n) |
"Suspend" (Suspension) means an action taken by the Council whereby the
certification or registration of a peace office is temporarily discontinued and
the officer shall not perform the functions of an officer during the period the
certification or registration is temporarily discontinued. |
| (o) |
"Convicted of Sufficient Misdemeanors to
Establish a Pattern of Disregard for the Law" means conviction of that quantity
and/or quality of misdemeanors that warrant a sanction or revocation of
a certificate of a certified officer or exempt person. The term
conviction means a finding or verdict of guilt, a plea of guilty or a plea of
nolo contendere regardless of whether the adjudication of guilt or sentence is
withheld or not entered thereon. Conviction of minor traffic offenses shall not
be considered by the Council and the Council shall not consider other offenses
involving the operation of a motor vehicle where the applicant received a
pardon. |
| (p) |
"Volunteer" Peace
Officer shall be:
| 1. |
A reserve officer who is
a part-time sworn officer commissioned with peace officer authority and is
normally not paid for services provided; |
| 2. |
An auxiliary officer who is a civilian
affiliated with the law enforcement agency in a part-time, unsalaried,
non-sworn, support capacity. |
|
| (q) |
"Chief of Police/Head of Law Enforcement
Unit" shall be:
A Chief executive or department head of a unit of the state, a
subdivision or municipality thereof, or a railroad who is a peace officer as
defined in O.C.G.A.
35-8-2(8)(A)
and whose responsibilities include the supervision and assignment of one or
more employees or the performance of administrative and management
duties of a police agency or law enforcement unit.
|
| (r) |
"Unprofessional Conduct", for the
purposes of imposing discipline under the Georgia Peace Officer Standards and
Training Act, includes any departure from or failure to conform to the minimum
standards of acceptable and prevailing practice of a peace officer. Acts of
unprofessional conduct may include, but are not limited to, driving under the
influence of alcohol or drugs; possession of marijuana or controlled substance;
the failure to notify the Council of arrests and convictions; the failure to
comply with a condition of probation or suspension imposed by the Council; the
refusal to test for, or obtaining a positive test result for marijuana or
controlled substance; and the conviction of a misdemeanor in the courts of this
state or any other state, territory, country, or of the United States. The term
"conviction" shall have the same meaning as set forth in O.C.G.A. § 35-8-7.1(a)(3).
This rule shall not serve to limit the Council from examining any allegations
of misconduct. |
| (s) |
"Full time"
means regularly working a minimum of thirty (30) hours per week or one hundred
and twenty (120) hours per twenty-eight (28) day period for a law enforcement
unit or communications center. |
| (t) |
An "accredited college or university" is any institution of higher education
which has been recognized by the Council on Higher Education Accreditation
and/or the institution's accrediting agency is recognized by the United States
Department of Education, or other such accrediting authority approved by
P.O.S.T. Council. |
| (u) |
"College
Credit" is defined as actual academic course work. To be considered college
credit, the credits must be eligible for recognition at any college or
university within the University System of Georgia for degree purposes. The
decision shall not be made solely on the source of accreditation of a sending
institution. College credits must have been granted for a course other than one
which was based on Internships, Directed Studies, Practicums, Correspondence,
Workshops, Orientation Classes, Field Experience, Life Experience, Challenge
Examination, Seminar, or Remedial courses. |
| (v) |
"Exempt Officer" is that officer
identified in O.C.G.A.
35-8-10
who is exempt from the certification provisions of O.C.G.A. 35-8. Each exempt
officer must register with the Council. |
Unless the context requires otherwise, the following words and
terms shall have the following meanings:
| (a) |
An "Emergency Peace Officer" retains the
power and authority of a peace officer only for the duration of the emergency
or disaster. |
| (b) |
"Law Enforcement
Support Personnel" shall include but not be limited to the following:
| 2. |
Communication Officers; |
| 3. |
Identification Technicians; |
| 5. |
Photographers;
Secretaries and clerical staff personnel shall not be
considered as law enforcement support personnel.
|
|
| (c) |
"Peace Officer" as defined in O.C.G.A.
§ 35-8-2(8), for the purposes of these rules shall not include persons on
active duty with the armed forces or the Coast Guard of the United States and
federal law enforcement officers. |
| (d) |
A "Sponsoring Agency of a School" is an
agency, body, or institution of this State or a subdivision thereof which
assumes responsibility as surety for a certified school. |
| (e) |
"Sponsoring Agency" is any POST
recognized agency which assumes the responsibility of a candidate for officer
certification. |
| (f) |
A "Certified
School" is a training school certified in accordance with these
Rules. |
| (g) |
A "Certified School
Director" is a chief executive officer of a certified school and one who has
been certified in accordance with these Rules. |
| (h) |
The "Basic Training Course" is the
program of instruction prescribed by the Council to satisfy the minimum
mandatory requirements of the P.O.S.T. Act (O.C.G.A. § 35-8.) |
| (i) |
"Advanced Specialized Training" is an
approved training program beyond the basic course of instruction which has as
its primary goal the development of special skills or that raises the
proficiency level within that specialized skill to an advanced level of
competence and performance and which is different from in-service
training. |
| (j) |
"In-service Training"
is any training program drawn from the curriculum of the basic training course,
which is generally offered for the purposes of updating or refreshing an
officer's knowledge and basic skill level. |
| (k) |
An "Instructor" is any person employed,
appointed, or utilized by a school to present a course of study or
instruction. |
| (l) |
A "Certified
Instructor" is any instructor certified in accordance with these
Rules. |
| (m) |
"Revoke" (Revocation)
means an action taken by the Council whereby the certification or registration
of an officer is canceled and the officer shall no longer perform the functions
of a certified officer. |
| (n) |
"Suspend" (Suspension) means an action taken by the Council whereby the
certification or registration of a peace office is temporarily discontinued and
the officer shall not perform the functions of an officer during the period the
certification or registration is temporarily discontinued. |
| (o) |
"Convicted of Sufficient Misdemeanors to
Establish a Pattern of Disregard For the Law" means conviction of that quantity
and/or quality of misdemeanors that warrant a sanction or revocation of a
certificate of a certified officer or exempt person. The term conviction means
a finding or verdict of guilt, a plea of guilty or a plea of nolo contendere
regardless of whether the adjudication of guilt or sentence is withheld or not
entered thereon. Conviction of minor traffic offenses shall not be considered
by the Council and the Council shall not consider other offenses involving the
operation of a motor vehicle where the applicant received a pardon. |
| (p) |
"Volunteer" Peace Officer shall be:
| 1. |
A reserve officer who is a part-time sworn
officer commissioned with peace officer authority and is normally not paid for
services provided; |
| 2. |
An auxiliary
officer who is a civilian affiliated with the law enforcement agency in a
part-time, unsalaried, non-sworn, support capacity. |
|
| (q) |
"Chief of Police/Head of Law Enforcement
Unit" shall be:
A Chief executive or department head of a unit of the state, a
subdivision or municipality thereof, or a railroad who is a peace officer as
defined in O.C.G.A. § 35-8-2(8) (A) and whose responsibilities include the
supervision and assignment of one or more employees or the performance of
administrative and management duties of a police agency or law enforcement
unit.
|
| (r) |
"Unprofessional
Conduct", for the purposes of imposing discipline under the Georgia Peace
Officer Standards and Training Act, includes any departure from or failure to
conform to the minimum standards of acceptable and prevailing practice of a
peace officer. Acts of unprofessional conduct may include, but are not limited
to, driving under the influence of alcohol or drugs; possession of marijuana or
controlled substance; the failure to notify the Council of arrests and
convictions; the failure to comply with a condition of probation or suspension
imposed by the Council; the refusal to test for, or obtaining a positive test
result for marijuana or controlled substance; and the conviction of a
misdemeanor in the courts of this state or any other state, territory, country,
or of the United States. The term "conviction" shall have the same meaning as
set forth in O.C.G.A. § 35-8-7.1(a)(3). This rule shall not serve to limit
the Council from examining any allegations of misconduct. |
| (s) |
"Full time" means regularly working a
minimum of thirty (30) hours per week or one hundred and twenty (120) hours per
twenty-eight (28) day period for a law enforcement unit or communications
center. |
| (t) |
An "accredited college
or university" is any institution of higher education which has been recognized
by the Council on Higher Education Accreditation and/or the institution's
accrediting agency is recognized by the United States Department of Education,
or other such accrediting authority approved by P.O.S.T. Council. |
| (u) |
"College Credit" is defined as actual
academic course work. To be considered college credit, the credits must be
eligible for recognition at any college or university within the University
System of Georgia for degree purposes. The decision shall not be made solely on
the source of accreditation of a sending institution. College credits must have
been granted for a course other than one which was based on Internships,
Directed Studies, Practicums, Correspondence, Workshops, Orientation Classes,
Field Experience, Life Experience, Challenge Examination, Seminar, or Remedial
courses. |
| (v) |
"Exempt Officer" is
that officer identified in O.C.G.A. § 35-8-10 who is exempt from the
certification provisions of O.C.G.A. 35-8. Each exempt officer must register
with the Council. |
| (w) |
"In writing"
is defined as any notification sent to POST via common carrier, the POST Data
Gateway, or by electronic notification for which the sender has received
delivery confirmation. |
