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Section B - Regulations
Regulation 1008

Basic Course Waiver and Requalification Requirement

1008. Basic Course Waiver and Requalification Requirement

(a) Basic Course Waiver

(1) An individual who has completed training comparable to a POST‑certified Regular Basic Course or Specialized Investigators' Basic Course may request a waiver of the basic course training requirement specified in Regulation 1005(a) or 1007(a). The application, evaluation, and testing processes are described in PAM Section D-11, Basic Course Waiver Process.

(A) A basic course waiver is valid for three years from the date it was granted. After three years, the requirements for requalification apply as specified in subsection 1008(b).

(B) A waiver of the Regular Basic Course training requirement will also satisfy the Specialized Investigators' Basic Course training requirement. However, a waiver of the Specialized Investigators' Basic Course training requirement does not satisfy the Regular Basic Course training requirement.

(b) Requalification Requirement for the Regular Basic Course – Standard Format and the Specialized Investigators' Basic Course

(1) Three-Year Requalification Requirement

Requalification is required for any individual who seeks appointment or reappointment to a position for which the Regular Basic Course (RBC) or the Specialized Investigators' Basic Course (SIBC) is required as the minimum training standard [refer to Regulations 1005(a) or 1007(a)] when the individual:

(A) Has previously served in a California peace officer/Level I reserve officer position with qualifying service* and has:

1. Successfully completed a POST-certified Regular Basic Course or Specialized Investigators' Basic Course, or

2. Been awarded a POST Basic Certificate or Specialized Basic Certificate, or

3. Been granted a waiver of the Regular Basic Course or Specialized Investigators' Basic Course in accordance with subsection 1008(a), but subsequently has a three-year-or-longer break from the last date of qualifying service*

          OR

(B) Has NOT previously served in a California peace officer/Level I reserve officer position with qualifying service* and has:

1. Successfully completed a POST-certified Regular Basic Course or Specialized Investigators' Basic Course, or

2. Been granted a waiver of the Regular Basic Course or Specialized Investigators' Basic Course in accordance with Regulation 1008(a), but subsequently has a three-year-or-longer break from the last date of successful completion of the Regular Basic Course or Specialized Investigators' Basic Course, or from the date the basic course waiver was granted, whichever is most recent. For the Six-Year Exception, [refer to 1008(b)(2)(B)(1).

*Qualifying service is defined as serving in a California peace officer/Level I reserve officer position for which a POST-certified Regular Basic Course or Specialized Investigators' Basic Course was required by law. Service as a Level I reserve officer will be considered only for a Level I reserve who serves an average monthly minimum of 16 hours.

(2) Requalification Methods

When requalification is required, as determined above, it must be achieved before an individual may exercise peace officer powers. Upon successful requalification the individual is eligible, for up to three years, to be appointed or reappointed as a California peace officer/Level I reserve officer. The provisions and means for requalification are as follows:

(A) Repeating and successfully completing the appropriate basic course (RBC or SIBC) or

(B) Successfully completing a POST-certified Requalification Course, (PAM D-10-2).

1. Six-Year Exception

An individual who successfully completed a Regular Basic Course, Specialized Investigators' Basic Course, or the Basic Course Waiver Process on or after July 1, 1999, but who never served in a California peace officer/Level I reserve officer position for which a Regular or Specialized Investigators' Basic Course is required, may requalify by successfully completing a POST-certified Requalification Course one time within six years from the date of basic course or waiver process completion. After six years, an individual must successfully complete the appropriate basic course (RBC or SIBC) to requalify, regardless of when the Requalification Course was completed.

(C) Successfully completing a POST-approved alternative job-related requalification procedure conducted by a presenter of a POST-certified Regular Basic Course. The individual 1) must have previously satisfied the Regular Basic Course training requirement; 2) is for the first time obtaining law enforcement employment after a three-year-or-longer break since successful completion of the Regular Basic Course; and 3) the individual's department has obtained prior written approval from POST for the use of an alternative procedure and verifies that the individual is currently proficient and meets or exceeds minimum performance standards established by the Commission.

(3) Exemptions

An exemption of the requalification requirement may be granted by the Executive Director or the Commission as follows:

(A) The Executive Director may grant an exemption for an individual who possesses a POST Basic Certificate and is returning to law enforcement after a three-year-or-longer break in service, and

1. Is re-entering law enforcement in a middle management or executive rank and will function at the second-level of supervision or above; or

2. Has been, with no longer than a 60-day break in service between law enforcement employers as a regular peace officer, employed continuously in another state as a full-time regular peace officer; or

3. The individual's employment, training, and education during the break in service provides assurance, as determined by POST, that the individual is currently proficient; or

4. Is re-entering law enforcement in a permanent or light duty assignment not involving general law enforcement duties if attested to in writing by the agency chief executive.

The prospective hiring agency seeking an exemption for an individual who meets the criteria outlined in paragraph 1., 2., 3., or 4. shall submit a letter to the Executive Director that includes: 1) reason for the request; 2) description of the intended job classification and duty assignments; and 3) documentation of prior employment, training and education, and the dates completed as it applies to the criteria outlined in subsection 1008(b)(3)(A)(1.-4.).

Any exemption granted by the Executive Director is specific to the agency making the request and is for the position described in the request.

(B) The Commission may, in response to a written request or on its own motion, upon a showing of good cause and based upon an individual's employment, proficiency, training, and education, exempt an individual from completion of the basic course requalification requirement. The individual shall: 1) have satisfied the Regular Basic Course training requirement; 2) become reemployed as a peace officer after a three-year-or-longer break in service; and 3) not be described or included in subsection 1008(3)(A)(1.- 5.).

(4) Jail Deputy Exemption

An individual who successfully completed a Regular Basic Course or the Basic Course Waiver Process on or after January 1, 2013 and has been appointed as a jail deputy [Penal Code section 830.1(c)], but has not previously served in a California peace officer/Level I reserve officer position with qualifying service* is eligible for an exemption of the requalification requirement.

(A) The individual shall have:

1. Been continuously employed as a jail deputy with the same agency

2. Maintained ongoing Perishable Skills training as specified by POST, and

3. Been appointed as a deputy sheriff [Penal Code section 830.1(a)] within five years of the date of completion of the Regular Basic Course Waiver.

(B) Documentation of Exemption

1. Written documentation determined by the department head as satisfying the exemption listed in 1008(b)(4)(A) above shall be retained by the employing agency for at least the duration of the individual's employment with the department. The retention period is recommended so that the employing agency can provide supporting documentation of the exemption, if it is requested during a POST inspection.

NOTE: This section shall remain in effect only until January 1, 2019 [Penal Code section 832.3(i)].

 

(c) Requalification Requirement for the Regular Basic Course – Modular Format, Module III

(1)Three-Year Requalification Requirement

Requalification is required for any individual who seeks appointment or reappointment to a position for which Module III of the Regular Basic Course – Modular Format is required as the minimum training standard [refer to Regulation 1007(a)] when the individual:

(A) Has previously served in a California Level III reserve peace officer position and has:

1. Successfully completed a POST-certified Module III*, but subsequently has a three-year or longer break from the last date of service.

OR

(B) Has NOT previously served in a California Level III reserve peace officer position and has:

1. Successfully completed a POST-certified Module III*, but subsequently has a three-year-or-longer break from the last date of successful completion of Module III.

* Prior successful completion of the Two-Part Level III Module or the single component Level III Module meets the requirements of Module III.

(2) Requalification Methods

When requalification is required, as determined above, it must be achieved before an individual may exercise peace officer powers. Upon successful requalification the individual is eligible, for up to three years, to be appointed or reappointed as a California Level III reserve peace officer. The provisions and means for requalification are as follows:

(A) Repeating and successfully completing Module III or

(B) Demonstrating continued mastery of Module III training material by passing the POST-Constructed Comprehensive End-of-Course Module III Test, the PC 832 Course Arrest and Control Exercise Test and the PC 832 Firearms Exercise Test. This can be accomplished through the completion of the Module III Requalification Testing Process [for eligibility refer to subsection 1008(c)(3)].

1. Six-Year Exception

An individual who successfully completed Module III on or after July 1, 2008, but who never served in a California Level III reserve peace officer position, may requalify by successfully completing the Module III Requalification Testing Process one time within six years from the date of completion of Module III. After six years, an individual must successfully complete Module III to requalify, regardless of when the Requalification Testing Process was completed.

(3) Eligibility for the Module III Requalification Testing Process

Only individuals who have previously completed a POST-certified Module III are eligible to participate in the Module III Requalification Testing Process.

(A) Individuals seeking to be tested shall receive written notification from the presenter regarding eligibility to be tested within 30 days of receipt by the presenter of all documentation required in subsection 1008(c)(4)(A).

(B) Individuals receiving notification that they are ineligible to be tested shall be given an explanation for ineligibility. An individual may submit a new request with the additional documentation, which will be processed according to subsection 1008(c)(4)(A). POST shall have final approval or disapproval of the eligibility of any individual seeking admission to any part of the testing process. All applicable testing fees will be returned, with the notification to those individuals who are determined, either by the presenter or by POST, to be ineligible for testing.

(4) Module III Requalification Testing Process

(A) Application

An individual seeking to requalify Module III training through the testing process shall submit a written request to a POST-approved Module III Requalification Testing Presenter that includes:

1. The individual's full name, mailing address, daytime phone number, and POST identification number;

2. A copy of the individual's POST Profile or other verifiable documentation showing prior successful completion of Module III. This documentation shall include the individual's name, the name of the presenting institution, the number of hours completed, and the ending date of the training;

3. A certified check or money order payable to the presenter (refer to subsection 1008(c)(4)(B) for fees);

4. A criminal history clearance from the Department of Justice.*

*All requests to test for the firearms component from applicants who are not sponsored by a local or other law enforcement agency, or who are not peace officers employed by a state or local agency, department or district, shall include a criminal history clearance in compliance with Penal Code section 13511.5 prior to admission to firearms testing. No firearms testing shall be administered to any applicant prior to receipt of the Department of Justice criminal history clearance form.

(B) Testing Fees

POST-approved Module III Requalification testing presenters are authorized to charge fees for the administration of the POST-Constructed Comprehensive Module III Test, the PC 832 Arrest and Control Exercise Test, and the PC 832 Firearms Exercise Test. In addition to the initial testing fees, the presenter may charge fees for retesting. Failure to appear for requalification testing or retesting may result in forfeiture of those fee(s). Fees may vary by presenter. Fees shall not exceed actual test administration costs and are subject to POST audit.

(C) Requirements for Administering the Requalification Tests

Only POST-approved/authorized course presenters who have received training in the administration of the Requalification Tests and who agree to abide by the terms of a formal POST test use and security agreement shall administer and score the tests. All tests shall be administered and scored in accordance with the specified procedures listed below using POST minimum passing scores.

1. All requalification applicants shall be tested at a POST-approved location within 90 days of notification of eligibility to take the requalification test.

2. At least 30 days in advance of testing, eligible requalification applicants shall be notified as to the specific date, time, and location of testing.

3. Individuals desiring to be tested after failure to appear for a scheduled requalification test must reestablish eligibility to be tested by completing the requirements described in Regulation 1008(c)(4)(A).

4. All test results shall be mailed to POST by the test administrator, postmarked within five working days of the date of testing.

5. The presenter shall notify all individuals in writing as to test results, postmarked within five working days of requalification test completion. The presenter shall also issue a completion certificate within five working days showing that the individual successfully completed the Module III Requalification Testing Process.

6. The presenter shall maintain, as a matter of record, all documents submitted by an individual who participates in the Module III Requalification Testing Process.

(D) Requalification Retesting

One requalification retest shall be permitted for any initial test failed, contingent upon advance payment of applicable testing fees [see (c)(4)(B) above]. Such retesting must occur within 90 days of the requalification initial test. For firearms and arrest and control exercise tests, individuals will have the option of either retesting immediately or within 90 days. All required tests must be passed to complete the Module III Requalification Testing Process.

1. Individuals who fail to achieve a passing score on the requalification retest or who fail to appear for requalification retesting, shall be required to successfully complete Module III training in order to meet the Module III requalification requirements.

(d) Requalification Requirement for the Regular Basic Course – Modular Format, Module II

(1) Three-Year Requalification Requirement

Requalification is required for any individual who seeks appointment or reappointment to a position for which Module II of the Regular Basic Course – Modular Format is required as the minimum training standard [refer to Regulation 1007(a)] when the individual:

(A) Has previously served in a California Level II reserve peace officer position and has:

1. Successfully completed a POST-certified Module III and Module II, but subsequently has a three-year-or-longer break from the last date of service.

OR

(B) Has NOT previously served in a California Level II reserve peace officer position and has:

1. Successfully completed a POST-certified Module III and Module II, but subsequently has a three-year-or-longer break from the last date of successful completion of Module II.

(2) Requalification Methods

When requalification is required, as determined above, it must be achieved before an individual may exercise peace officer powers. Upon successful requalification the individual is eligible, for up to three years, to be appointed or reappointed as a California Level II reserve peace officer. The provisions and means for requalification are as follows:

(A) Repeating and successfully completing Module II or

(B) Demonstrating continued mastery of Module II training material by passing the POST-Constructed Comprehensive End-of-Course Module II Test, the PC 832 Course Arrest and Control Exercise Test and the PC 832 Firearms Exercise Test. This can be accomplished through the completion of the Module II Requalification Testing Process [for eligibility refer to subsection 1008(d)(3)].

1. Six-Year Exception

An individual who successfully completed Module II on or after July 1, 2008, but who never served in a California Level II reserve peace officer position, may requalify by successfully completing the Module II Requalification Testing Process one time within six years from the date of completion of Module II. After six years, an individual must successfully complete Module II to requalify, regardless of when the Requalification Testing Process was completed.

(3) Eligibility for the Module II Requalification Testing Process

Only individuals who have previously completed POST-certified Modules III and II are eligible to participate in the Module II Requalification Testing Process.

(A) Individuals seeking to be tested shall receive written notification from the presenter regarding eligibility to be tested within 30 days of receipt by the presenter of all documentation required in subsection 1008(d)(4)(A).

(B) Individuals receiving notification that they are ineligible to be tested shall be given an explanation for ineligibility. An individual may submit a new request with the additional documentation, which will be processed according to subsection 1008(d)(4)(A). POST shall have final approval or disapproval of the eligibility of any individual seeking admission to any part of the testing process. All applicable testing fees will be returned, with the notification, to those individuals who are determined, either by the presenter or by POST, to be ineligible for testing.

(4) Module II Requalification Testing Process

(A) Application

An individual seeking to requalify Module II training through the testing process shall submit a written request to a POST-approved Module II Requalification Testing Presenter that includes:

1. The individual's full name, mailing address, daytime phone number, and POST identification number;

2. A copy of the individual's POST Profile or other verifiable documentation showing prior successful completion of Module III and Module II. This documentation shall include the individual's name, the name of the presenting institution, the number of hours completed, and the ending date of the training;

3. A certified check or money order payable to the presenter (refer to 1008(d)(4)(B) for fees);

4. A criminal history clearance from the Department of Justice.*

*All requests to test for the firearms component from applicants who are not sponsored by a local or other law enforcement agency, or who are not peace officers employed by a state or local agency, department or district, shall include a criminal history clearance in compliance with Penal Code section 13511.5 prior to admission to firearms testing. No firearms testing shall be administered to any applicant prior to receipt of the Department of Justice criminal history clearance form.

(B) Testing Fees

POST-approved Module II Requalification Testing presenters are authorized to charge fees for the administration of the POST-Constructed Comprehensive Module II Test, the PC 832 Arrest and Control Exercise Test, and the PC 832 Firearms Exercise Test. In addition to the initial testing fees, the presenter may charge fees for retesting. Failure to appear for requalification testing or retesting may result in forfeiture of those fee(s). Fees may vary by presenter. Fees shall not exceed actual test administration costs and are subject to POST audit.

(C) Requirements for Administering the Requalification Tests

Only POST-approved /authorized course presenters who have received training in the administration of the Requalification Tests and who agree to abide by the terms of a formal POST test use and security agreement shall administer and score the tests. All tests shall be administered and scored in accordance with the specified procedures listed below using POST minimum passing scores.

1. All requalification applicants shall be tested at a POST-approved location within 90 days of notification of eligibility to take the requalification test.

2. At least 30 days in advance of testing, eligible requalification applicants shall be notified as to the specific date, time, and location of testing.

3. Individuals desiring to be tested after failure to appear for a scheduled requalification test must reestablish eligibility to be tested by completing the requirements described in subsection 1008(d)(4)(A).

4. All test results shall be mailed to POST by the test administrator, postmarked within five working days of the date of testing.

5. The presenter shall notify all individuals in writing as to test results, postmarked within five working days of requalification testing completion. The presenter shall also issue a completion certificate within five working days showing that the individual successfully completed the Module II Requalification Testing Process.

6. The presenter shall maintain, as a matter of record, all documents submitted by an individual who participates in the Module II Requalification Testing Process.

(D) Requalification Retesting

One requalification retest shall be permitted for any initial test failed, contingent upon advance payment of applicable testing fees [subsection 1008(d)(4)(B)]. Such retesting must occur within 90 days of the initial requalification test. For firearms and arrest and control exercise tests, individuals will have the option of either retesting immediately or within 90 days. All required tests must be passed to complete the Module II Requalification Testing Process.

1. Individuals who fail to achieve a passing score on the requalification  retest, or who fail to appear for requalification retesting, shall be required to successfully complete Module II training in order to meet the Module II requalification requirements.

(e) Requalification Requirement for the Regular Basic Course – Modular Format, Module I

(1) Individuals who have successfully competed Modules III, II and I, have met the requirements of the Regular Basic Course. The requalification requirements specified for the Regular Basic Course [refer to subsection 1008(b)] also apply to Module I.

 

PAM Section D‑10 adopted June 16, 1999, and amended July 1, 2002, September 15, 2004, January 1, 2006, August 26, 2006, January 1, 2009, May 3, 2012, April 1, 2014, October 1, 2014, April 1, 2016, and February 15, 2017, is herein incorporated by reference.

PAM Section D‑11 adopted effective January 28, 1982, and amended August 17, 1986, November 2, 1986, January 29, 1988, February 22, 1996, June 16, 1999, July 1, 2002, September 21, 2005, January 1, 2012, April 1, 2014, and February 15, 2017, is herein incorporated by reference.

The document, Training and Testing Specifications for Peace Officer Basic Courses adopted effective January 1, 2001, and amended effective October 1, 2001, January 1, 2002, April 26, 2002, September 15, 2004, July 1, 2005, January 1, 2006, July 1, 2007, August 8, 2007, January 1, 2008, July 1, 2008, January 1, 2009, July 1, 2009, January 1, 2010, July 1, 2010, July 1, 2011, January 1, 2012, July 1, 2012, January 1, 2013, August 1, 2013, February 1, 2014, August 1, 2014, August 1, 2015, February 1, 2016, August 1, 2016, February 1, 2017, and February 15, 2017, is herein incorporated by reference.

The document, Instructor's Guide to Learning Activities for Leadership, Ethics, and Community Policing December 2005, adopted effective January 1, 2006, is herein incorporated by reference.

The document POST Basic Courses Test Management and Security Protocols 2017 adopted effective January 1, 2009, amended May 3, 2012, October 1, 2014, April 1, 2016, and February 15, 2017, is herein incorporated by reference.

 

(Revised 2/23/2017)

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