Ga. Comp. R. & Regs. R. 464-2-.01 - Definitions. Amended

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:

1. Jail Officers;

2. Communication Officers;

3. Identification Technicians;

4. Forensic Specialists;

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.

Notes

Ga. Comp. R. & Regs. R. 464-2-.01

O.C.G.A. § 35-8-7(23).

Original Rule entitled "Forms" adopted. F. Feb. 12, 1971; eff. Mar. 4, 1971. Repealed: New Rule of same title adopted. F. Aug. 10, 1971; eff. Aug. 30, 1971. Amended: F. Apr. 13, 1972; eff. May 3, 1972. Repealed: New Rule of same title adopted. F. June 7, 1974; eff. June 27, 1974. Amended: F. Dec. 13, 1974; eff. Jan. 2, 1975. Repealed: New Rule entitled "Objectives" adopted. F. Sept. 2, 1975; eff. Sept. 22, 1975. Repealed: New Rule entitled "Functions and Powers" adopted. F. July 7, 1978; eff. July 27, 1978. Amended: F. June 8, 1984; eff. June 28, 1984. Repealed: New Rule of same title adopted. F. Mar. 13, 1985; eff. Apr. 2, 1985. Repealed: New Rule entitled "Definitions" adopted. F. Mar. 2, 1988; eff. Mar. 22, 1988. Amended: F. Sept. 7, 1989; eff. Sept. 27, 1989. Repealed: New Rule of same title adopted. F. Mar. 19, 1998; eff. Apr. 8, 1998. Amended: F. Sept. 27, 2004; eff. Oct. 17, 2004. Amended: F. Dec. 18, 2007; eff. Jan. 7, 2008. Amended: New title "Definitions. Amended." F. Feb. 2, 2021; eff. Feb. 22, 2021.