CHAPTER 1ORGANIZATION AND ADMINISTRATION[Appeared as rules 3.1, 4.1, 5.1 and ch 6 prior to 4/10/85][Prior to 3/11/87, Law Enforcement Academy Ch 1]5011.1(80B) Definitions. In regards to the definitions as used in the rules of the law enforcement academy the following definitions apply, unless the context otherwise requires:
"Academy" refers to the Iowa law enforcement academy.
"Academy council" means the Iowa law enforcement academy council.
"Act" means the Iowa Administrative Procedure Act.
"Applicant" means all individuals seeking an entry level position as a law enforcement officer. This shall not include individuals who are being promoted within a department.
"Certificate" means the document issued to a law enforcement officer when documentation has established compliance with the minimum hiring standards and successful completion of the training requirements.
"Certification" means the issuing of a certificate to a law enforcement officer upon documentation that the officer has been employed and trained in compliance with the established minimum standards.
"Change in status" means leaving an agency for any reason, including termination, voluntary resignation, demotion, promotion, suspension, or any other change in position or title.
"Contested case" means a proceeding in which the legal rights of a party to continue to be certified as a law enforcement officer in the state of Iowa are determined by the council or its designee after an opportunity for an evidentiary hearing.
"Continuing education" means training approved by the Iowa law enforcement academy which is obtained by a certified Iowa law enforcement emergency care provider to maintain, improve, or expand relevant skills and knowledge and to satisfy renewal of certification requirements.
"Convicted" "conviction" means a finding of guilt, a plea of guilty, a deferred judgment, a deferred or suspended sentence, and an adjudication of delinquency as a juvenile.
"Council" refers to the Iowa law enforcement academy council.
"Director" refers to the director of the Iowa law enforcement academy.
"Employing agency" means any state, county, or municipal government or governmental body that employs law enforcement officers.
"Facilities approval application form" means the form prepared by the Iowa law enforcement academy council to be utilized in an application for approval of a regional law enforcement training facility.
"Facility" means a jail as defined in 201—Chapter 50 or a temporary holding facility as defined in 201—Chapter 51.
"Felony" means a criminal offense classified as a felony in the jurisdiction in which it was committed.
"Final selection process" means that process by which the final applicant for a law enforcement position is selected. This process requires, minimally, that the person to be hired shall have successfully completed the mandated psychological testing.
"General instructors" means peace officers, jailers, jail administrators or public safety telecommunicators instructing in subjects relevant to their profession.
"Good cause" means termination of employment for any of the following reasons:
- Gross negligence: Where the officer’s act or failure to act creates a danger or risk to persons, property, or to the efficient operation of the department, recognizable as a gross deviation from the standard of care that a reasonable officer would observe in a similar circumstance.
- Insubordination: A refusal by an employee to comply with a rule or order where the rule or order was reasonably related to the orderly, efficient, or safe operation of the employer’s business and where the employee’s refusal to comply with the rule or order constitutes breach of duties.
- Incompetence or gross misconduct: In determining what constitutes “incompetence or gross misconduct,” the council may take into account sources as practices generally followed in the profession, current teaching at law enforcement training facilities and technical reports and literature relevant to the field of law enforcement.
"Initial certification" means the law enforcement certification granted to a law enforcement officer by the Iowa law enforcement academy council pursuant to 501—3.1(80B), 3.8(80B), or 3.9(80B), Iowa Administrative Code.
"Iowa law enforcement emergency care provider" "ILEECP" means an individual who is certified by the academy as an Iowa peace officer, who has successfully completed an emergency medical care provider curriculum approved by the academy, and who is currently certified by the academy as an emergency medical care provider.
"Iowa law enforcement training program" means the law enforcement academy or a law enforcement training program approved by the council to conduct ILEECP emergency medical care training.
"Jail" means any place administered by the county sheriff and designed to hold inmates for as long as lawfully required but not to exceed one year pursuant to Iowa Code chapters 356 and 356A.
"Jail administrator" means the sheriff, sheriff’s designee, or the executive head of any agency operating a jail.
"Jailer" means any person involved in the booking or supervision of inmates or detainees and meeting the requirements of rules 201—50.10(356,356A) and 50.11(356,356A) or 201—51.8(356,356A) and 51.9(356,356A).
"Jailer training program" means a jailer in-service or basic training program.
"Law enforcement experience" means experience gained by a law enforcement officer whose primary job function is the enforcement of criminal laws and the prevention and detection of crime.
"Law enforcement officer" means an officer appointed by the director of the department of natural resources; an officer appointed by the director of the Iowa law enforcement academy and sworn in for the purposes of training; a member of a police force or other agency or department of the state, county, or city regularly employed as such and who is responsible for the prevention and detection of crime and the enforcement of the criminal laws of this state; and all individuals, as determined by the council, who by the nature of their duties may be required to perform the duties of a peace officer.
"Nonstate agency" means all other agencies that are not state agencies.
"Party" means each person or agency named or admitted as a party properly seeking and entitled as of right to be admitted as a party.
"Person" means any individual, corporation or association covered by the Act other than an agency.
"Pleadings" means a protest, motion, answer, reply or other document filed in a contested case proceeding.
"Presiding officer" means an administrative law judge employed by the Iowa department of inspections and appeals or the full council or a three-member panel of the council.
"Proposed decision" means the presiding officer’s recommended findings of fact, conclusions of law, decision, and order in a contested case in which the full council did not preside.
"Recommendation" means a request by an employing agency asking the council to revoke the certification of a past or present law enforcement officer.
"Regional facility director" means the administrative head or responsible official of the approved regional law enforcement training facility.
"Regional training facility" means an approved regional law enforcement training facility.
"Regular law enforcement officer" means those full-time or part-time officers who are subject to the Iowa law enforcement academy hiring, training, and certification requirements.
"Reserve peace officer" means a volunteer, nonregular, sworn member of a law enforcement agency who serves with or without compensation, has regular police powers while functioning as a law enforcement agency’s representative, and participates on a regular basis in the law enforcement agency’s activities including crime prevention and control, preservation of the peace, and enforcement of law.
"Respondent" means any individual who is charged in a complaint with violating the criteria of professional practices or the criteria of competent performance.
"Revocation" means the process by which the council withdraws an individual’s certification. A person remains under revocation until the time it can be demonstrated to the council that the grounds for revocation no longer exist and the officer’s certification is reinstated.
"Salvage vehicle theft examination" means a salvage vehicle theft examination conducted by a law enforcement officer pursuant to Iowa Code section 321.52(4)“c.”
"Salvage vehicle theft examiner" means a law enforcement officer certified by the Iowa law enforcement academy to conduct vehicle theft examinations pursuant to Iowa Code section 321.52(4)“c.”
"Serious misconduct" means improper or illegal actions taken by a law enforcement officer in connection with the officer’s official duties including but not limited to a conviction for a felony, fabrication of evidence, repeated use of excessive force, acceptance of a bribe, or the commission of fraud.
"State agency" means any department or division of state government which derives its primary funding from the state treasury.
"Student" means any individual enrolled in a training program and participating in the didactic or psychomotor portions.
"Subject matter expert" means those instructors responsible for a subject requiring a specialized academic degree, certification, licensure or experience.
"Temporary holding facility" means secure holding rooms or cells administered by a law enforcement agency where detainees may be held for a limited period of time, not to exceed 24 hours, and a reasonable time thereafter to arrange for transportation to an appropriate facility.
"Training program director" means the official responsible for a jailer training program.
"Weapon" shall mean any firearm, striking instrument or chemical agent authorized for use as a weapon by the hiring authority.Unless otherwise specifically stated, the terms used in these rules promulgated by the council shall have the meaning defined by this chapter.This rule is intended to implement Iowa Code sections 80B.3, 80B.11, 80B.13, 80D.7 and 321.52.Related ARC(s): 3997C, 5006C, 5572C, 6137C5011.2(80B) Council established. The council and the academy were created by an Act of the Sixty-second General Assembly, now cited as Iowa Code chapter 80B. The general purposes for which the council and academy were established are:
- To maximize training opportunities for law enforcement officers.
- To coordinate training and to set standards for the law enforcement service, all of which are imperative to upgrading law enforcement to a professional status.
- A statement of the specific rule-making action sought by the petitioner including the text or a summary of the contents of the proposed rule or amendment to a rule and, if it is a petition to amend or repeal a rule, a citation and the relevant language to the particular portion or portions of the rule proposed to be amended or repealed.
- A citation to any law deemed relevant to the academy council’s authority to take the action urged or to the desirability of that action.
- A brief summary of petitioner’s arguments in support of the action urged in the petition.
- A brief summary of any data supporting the action urged in the petition.
- The names and addresses of other persons, or a description of any class of persons, known by petitioner to be affected by, or interested in, the proposed action which is the subject of the petition.
- Any request by petitioner for a meeting provided for by subrule 1.11(4).