Utah Admin. Code R698-4-10 - Requirements for Operation of a Private Law Enforcement Agency

(1) In accordance with Subsections 53-6-202(4)(a) and 53-6-205(1)(a), the private law enforcement agency shall ensure that its officers successfully complete the basic course at a certified academy, or successfully pass a state certification examination prior to exercising peace officer authority.

(2) The private law enforcement agency shall pay for the cost of the basic course training received by its officers at POST Academy.

(3) The private law enforcement agency shall ensure that its officers satisfactorily complete annual certified training of not less that 40 hours in accordance with Subsection 53-6-202(4)(a).

(4) The private law enforcement agency's officers shall be subject to the requirements of Title 53, Chapter 6, Part 2, Peace Officer Training and Certification Act.

(5) The private law enforcement agency's dispatchers shall be subject to the requirements of Title 53, Chapter 6, Part 3, Dispatcher Training and Certification Act.

(6) The private law enforcement agency shall:

(a) develop, implement, and enforce policies and procedures consistent with other Utah law enforcement agencies;

(b) ensure that officers are trained to understand their duties and responsibilities pursuant to the agency's policies and procedures;

(c) ensure that policies and procedures define terms clearly, comply with applicable law, and comport with best practices;

(d) apply policies uniformly and hold officers accountable for compliance;

(e) review each policy or procedure no later than six months after it is implemented, and annually thereafter, to ensure that policies and procedures provide effective direction to personnel and remain consistent with best practices and current law;

(f) review and revise policies and procedures as necessary upon notice of a policy deficiency identified during an audit;

(g) within 30 days of issuing a policy or procedure, ensure and document that any relevant personnel have received and read the new policies or procedures, and are aware of the requirement that:

(i) each officer or employee must report conduct that would constitute a violation of Section 53-6-211, and will be subject to discipline for failure to do so;

(ii) supervisors of each rank are accountable for identifying and responding to policy or procedure violations by personnel under their command; and

(iii) personnel will be held accountable for policy and procedure violations; and

(h) within 90 days of issuing a new or revised policy or procedure, implement training on the new policies and procedures to ensure that officers and employees understand and can perform their duties pursuant to policy.

(7) The private law enforcement agency shall comply with the reporting requirements of the statewide crime reporting system established by the department pursuant to Subsection 53-10-202(2).

(8) The private college or university sponsoring the private law enforcement agency must be currently accredited by an appropriate accreditation agency recognized by the United States Department of Education. The chief shall immediately notify the commissioner in writing if the private college or university loses its accreditation.

(9) The private law enforcement agency shall notify the commissioner, in writing, within 48 hours of receipt of any allegation of conduct committed by an officer or dispatcher employed by the agency that would constitute a violation of Section 53-6-211.

(10) The private law enforcement agency shall semi-annually provide to the commissioner each GRAMA:

(a) request;

(b) response;

(c) denial and the reasons for the denial; and

(d) additional information regarding GRAMA requests, responses and denials as requested by the commissioner or the commissioner's designee.

Notes

Utah Admin. Code R698-4-10

Adopted by Utah State Bulletin Number 2022-01, effective 12/27/2021