Idaho Admin. Code r. 11.11.01.111 - DECERTIFICATION PROCEEDINGS-GENERAL PROVISIONS
01.
Legal Authority. In accordance with the Idaho Rules of
Administrative Procedure of the Attorney General, IDAPA 04.11.01.050, the
Council partially declines to adopt the procedures established in IDAPA
04.11.01, but to the extent that the Council does adopt specific rules found in
IDAPA 04.11.01 et seq. those rules are specified below. The procedures for fair
hearings are provided within these rules to meet the unique requirements of the
law enforcement profession for expeditious resolution of contested cases in
order to assure public safety and to secure a just, speedy and economical
determination of all matters presented to the Council. These procedures meet or
exceed minimum Constitutional requirements for due process while allowing the
Council to fulfill its obligations to protect the safety of the public and the
integrity of the law enforcement profession.
02.
Overview. Pursuant to Idaho
Code Section
19-5113, the Division
Administrator shall investigate all trustworthy allegations of misconduct by a
person holding POST certification and determine whether decertification
proceedings will be commenced.
03.
Stipulation or Relinquishment. At any time during the course of an
investigation, the person being investigated may stipulate to decertification
or otherwise relinquish their certifications.
Notes
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