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Nac: Chapter 289 - Standards And Training For Peace Officers


Published: 2015

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NAC: CHAPTER 289 - STANDARDS, TRAINING AND CERTIFICATION FOR PEACE OFFICERS AND OTHER LAW ENFORCEMENT PERSONNEL

[Rev. 10/19/2018 4:59:58 PM]

[NAC-289 Revised Date: 10-18]

CHAPTER 289 - STANDARDS, TRAINING AND CERTIFICATION FOR PEACE OFFICERS AND OTHER LAW ENFORCEMENT PERSONNEL

GENERAL PROVISIONS

289.010              Definitions.

289.015              “Agency” defined.

289.017              “Agility run” defined.

289.020              “Basic certificate” defined.

289.025              “Basic training course” defined.

289.030              “Certified status” defined.

289.035              “Commission” defined.

289.040              “Duties of a peace officer” defined.

289.045              “Executive Director” defined.

289.047              “Executive level position” defined.

289.049              “First-line supervisor” defined.

289.050              “Immediate supervision” defined.

289.053              “Less than lethal weapon” defined.

289.055              “Lesson plan” defined.

289.057              “Management level position” defined.

289.060              “Peace officer” defined.

289.065              “Reserve officer” defined.

289.070              “School” defined.

289.075              “State certification examination” defined.

289.085              “Weapons of mass destruction” defined.

STANDARDS AND TRAINING

289.110              Minimum standards for appointment.

289.120              Basic course of training: Completion; attendance by reserve officer.

289.130              Training categories.

289.140              Minimum standard of training: Training category I.

289.150              Minimum standard of training: Training category II.

289.160              Minimum standard of training: Training category III.

289.170              Minimum standard of training: Reserve officers.

289.180              Minimum standard of training: Effective responses to incidents involving dogs or where dogs are present.

CERTIFICATES

289.200              Basic and reserve basic certificate: Requirements; extension of time to complete or waiver of certain requirements; request for certification; placement of basic certificate on inactive status. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

289.200              Basic and reserve basic certificate: Requirements; extension of time to complete or waiver of certain requirements; request for certification; placement of basic certificate on inactive status. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

289.205              State physical fitness examination: Requirements.

289.210              Basic and reserve basic certificates: Authority granted; periods of effectiveness of reserve basic certificate; basic certificate is revocable privilege.

289.230              Basic or reserve certificate: Requirements for maintaining certificate and resuming duties.

289.235              Voluntary surrender and subsequent reinstatement of basic certificate; report to Commission.

289.240              Intermediate certificate.

289.250              Advanced certificate.

289.255              Supervisor certificate.

289.260              Management certificate.

289.270              Executive certificate.

289.290              Denial, revocation, suspension and reinstatement of certificate.

CERTIFICATION OF COURSES FOR TRAINING

289.300              Basic training courses.

289.310              Courses above level of basic training.

289.320              Denial of certification: Written notification of decision; appeal.

LAW ENFORCEMENT DISPATCHERS

289.330              “Law enforcement dispatcher” defined.

289.335              Voluntary program for training: Minimum standard.

289.340              Qualifications for certification. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

289.340              Qualifications for certification. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

MISCELLANEOUS PROVISIONS

289.350              Reports.

289.370              Waiver of provisions.

289.380              Disciplinary actions in schools operated by Commission.

 

 

GENERAL PROVISIONS

     NAC 289.010  Definitions. (NRS 289.510)  As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 289.015 to 289.085, inclusive, have the meanings ascribed to them in those sections.

     [Peace Officers’ Standards & Training Com., § II, eff. 5-7-82] — (NAC A 12-17-87; R169-97, 1-30-98; A by Peace Officers’ Standards & Training Comm’n by R102-99, 11-2-99; R100-02, 11-12-2002; R118-09, 1-28-2010; R085-10, 12-16-2010)

     NAC 289.015  “Agency” defined. (NRS 289.510)  “Agency” means an agency of the State or of a local government which employs one or more persons as peace officers.

     (Added to NAC by Peace Officers’ Standards & Training Com., eff. 12-17-87) — (Substituted in revision for NAC 481.011)

     NAC 289.017  “Agility run” defined. (NRS 289.510)  “Agility run” means a test of physical agility designated by the Commission.

     (Added to NAC by Peace Officers’ Standards & Training Comm’n by R118-09, eff. 1-28-2010)

     NAC 289.020  “Basic certificate” defined. (NRS 289.510)  “Basic certificate” means the certificate issued by the Executive Director which is evidence that a person has met the minimum standards established by this chapter to be appointed to perform the duties of a peace officer.

     (Added to NAC by Peace Officers’ Standards & Training Com., eff. 12-17-87; A by Peace Officers’ Standards & Training Comm’n by R102-99, 11-2-99; R128-17, 6-26-2018)

     NAC 289.025  “Basic training course” defined. (NRS 289.510)  “Basic training course” means a curriculum of basic training for peace officers that meets the minimum standards established by this chapter.

     (Added to NAC by Peace Officers’ Standards & Training Com., eff. 12-17-87; A by Peace Officers’ Standards & Training Comm’n by R066-03, 12-4-2003)

     NAC 289.030  “Certified status” defined. (NRS 289.510)  “Certified status” means compliance with or exemption from the employment qualifications and training requirements established by the Commission.

     (Added to NAC by Peace Officers’ Standards & Training Com., eff. 12-17-87; A by Peace Officers’ Standards & Training Comm’n by R102-99, 11-2-99)

     NAC 289.035  “Commission” defined. (NRS 289.510)  “Commission” means the Peace Officers’ Standards and Training Commission.

     (Added to NAC by Peace Officers’ Standards & Training Com., eff. 12-17-87; A by Peace Officers’ Standards & Training Comm’n by R102-99, 11-2-99)

     NAC 289.040  “Duties of a peace officer” defined. (NRS 289.510)  “Duties of a peace officer” means those functions that may involve the use of force and the arrest or detention of a person.

     (Added to NAC by Peace Officers’ Standards & Training Com., eff. 12-17-87) — (Substituted in revision for NAC 481.021)

     NAC 289.045  “Executive Director” defined. (NRS 289.510)  “Executive Director” means the Executive Director of the Commission.

     (Added to NAC by Peace Officers’ Standards & Training Comm’n by R102-99, eff. 11-2-99)

     NAC 289.047  “Executive level position” defined. (NRS 289.510)  “Executive level position” means a position held by a peace officer in which the peace officer supervises two or more persons who hold management level positions and is in charge of an entire agency or a major division or bureau within an agency.

     (Added to NAC by Peace Officers’ Standards & Training Comm’n by R085-10, eff. 12-16-2010)

     NAC 289.049  “First-line supervisor” defined. (NRS 289.510)  “First-line supervisor” means a peace officer who supervises other persons and who is on an organizational level immediately above nonsupervisory officers.

     (Added to NAC by Peace Officers’ Standards & Training Comm’n by R085-10, eff. 12-16-2010)

     NAC 289.050  “Immediate supervision” defined. (NRS 289.510)  “Immediate supervision” means the supervised officer acts under the direction of a certified peace officer who is routinely in the physical proximity of and available to the supervised officer.

     (Added to NAC by Peace Officers’ Standards & Training Com., eff. 12-17-87) — (Substituted in revision for NAC 481.023)

     NAC 289.053  “Less than lethal weapon” defined. (NRS 289.510)  “Less than lethal weapon” means a weapon that is designed and manufactured with the intent that it not create a substantial risk of causing death or serious bodily injury when a person with appropriate training uses the weapon in accordance with the instructions of the manufacturer.

     (Added to NAC by Peace Officers’ Standards & Training Comm’n by R146-05, eff. 12-29-2005)

     NAC 289.055  “Lesson plan” defined. (NRS 289.510)  “Lesson plan” means a document which specifically describes the material presented during a course of instruction. For the purpose of certifying a school, a “lesson plan” is the document submitted to the Executive Director for certification and represents the material approved by the Commission for instruction.

     (Added to NAC by Peace Officers’ Standards & Training Com., eff. 12-17-87; A by Peace Officers’ Standards & Training Comm’n by R102-99, 11-2-99)

     NAC 289.057  “Management level position” defined. (NRS 289.510)  “Management level position” means a position held by a peace officer in which the peace officer supervises two or more persons who are first-line supervisors or who hold a position above the level of a first-line supervisor.

     (Added to NAC by Peace Officers’ Standards & Training Comm’n by R085-10, eff. 12-16-2010)

     NAC 289.060  “Peace officer” defined. (NRS 289.510)  “Peace officer” means an employee of an agency who is required to be certified by the Commission pursuant to NRS 289.550. The term includes sworn full-time, part-time and reserve officers who perform the duties of a peace officer.

     (Added to NAC by Peace Officers’ Standards & Training Com., eff. 12-17-87; A by Peace Officers’ Standards & Training Comm’n by R102-99, 11-2-99; R066-03, 12-4-2003)

     NAC 289.065  “Reserve officer” defined. (NRS 289.510)  “Reserve officer” means any peace officer who performs some of the duties of a peace officer with the immediate supervision of a certified officer and is not employed by the agency on a full-time basis.

     (Added to NAC by Peace Officers’ Standards & Training Com., eff. 12-17-87; A by Peace Officers’ Standards & Training Comm’n by R066-03, 12-4-2003)

     NAC 289.070  “School” defined. (NRS 289.510)  “School” means any university, college, academy, local training center or other school approved by the Commission which provides a curriculum, instructors and facilities for the training of peace officers.

     (Added to NAC by Peace Officers’ Standards & Training Com., eff. 12-17-87; A by Peace Officers’ Standards & Training Comm’n by R102-99, 11-2-99)

     NAC 289.075  “State certification examination” defined. (NRS 289.510)  “State certification examination” means a comprehensive examination prescribed by the Commission which measures knowledge of the subjects comprising the minimum training standards established for each training category.

     (Added to NAC by Peace Officers’ Standards & Training Com., eff. 12-17-87; A 8-24-90; A by Peace Officers’ Standards & Training Comm’n by R102-99, 11-2-99)

     NAC 289.085  “Weapons of mass destruction” defined. (NRS 289.510)  “Weapons of mass destruction” has the meaning ascribed to it in 18 U.S.C. § 2332a(c)(2).

     (Added to NAC by Peace Officers’ Standards & Training Comm’n by R100-02, eff. 11-12-2002)

STANDARDS AND TRAINING

     NAC 289.110  Minimum standards for appointment. (NRS 289.510)

     1.  No person may be appointed to perform the duties of a peace officer unless he or she:

     (a) Has undergone a complete and documented investigation of his or her background which verifies that the person has good moral character and meets the minimum standards established by the Commission;

     (b) Is a citizen of the United States;

     (c) Is at least 21 years of age at the time of the appointment;

     (d) Has successfully completed the 12th grade or has been certified by an appropriate authority as having an equivalent education; and

     (e) Has undergone a medical examination performed by a licensed physician who confirms in writing that no physical condition exists which would adversely affect his or her performance of the duties of a peace officer. The employing agency shall inform the examining physician of the specific functions required by the position to be filled.

     2.  The investigation of the background of a person required pursuant to subsection 1 must include, without limitation:

     (a) An investigation of the current and past employment history of the person, including, without limitation, an examination of the duties that have been assigned to the person and any performance evaluations of the person;

     (b) An inquiry into the criminal history of the person in the State of Nevada and in any other state where the person is known to have resided, which must include, without limitation, any warrants issued for the person and the submission of the person’s fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;

     (c) An inquiry to the Department of Motor Vehicles and the appropriate entity in each other state in which the person is known to have resided regarding any driver’s licenses the person has held and the driving record of the person;

     (d) A financial history of the person;

     (e) The educational background of the person;

     (f) The history of any military service of the person;

     (g) A history of each physical address where the person has resided;

     (h) A drug screening test;

     (i) A psychological evaluation; and

     (j) The use of a lie detector as defined in NRS 613.440 for a peace officer being appointed as a category I, category II or reserve peace officer.

     3.  The investigation of the background of a person required pursuant to subsection 1 may include the use of a lie detector as defined in NRS 613.440 for a peace officer being appointed as a category III peace officer.

     4.  A person may not be appointed to perform the duties of a peace officer if he or she has:

     (a) Been convicted of a felony in this State or of any offense which would be a felony if committed in this State;

     (b) Been convicted of an offense involving moral turpitude or the unlawful use, sale or possession of a controlled substance;

     (c) A documented history of physical violence; or

     (d) Resigned in lieu of termination or been terminated from any civil service employment for substantiated misconduct involving dishonesty, and has not been reinstated as a result of a judicial action or any available appeal or remedy relating to the resignation or termination, including, without limitation, any civil service appeal, direct administrative appeal or collective bargaining remedy. For purposes of this paragraph, “dishonesty” includes untruthfulness, deception, misrepresentation, falsification, and dishonesty by admission or omission.

     [Peace Officers’ Standards & Training Com., § IV, eff. 5-7-82] — (NAC A 12-17-87; 8-24-90; A by Peace Officers’ Standards & Training Comm’n by R102-99, 11-2-99; R118-09, 1-28-2010; R085-10, 12-16-2010, eff. 7-1-2011; R066-12, 9-14-2012)

     NAC 289.120  Basic course of training: Completion; attendance by reserve officer. (NRS 289.510)

     1.  Each peace officer who is required by NRS 289.550 to be certified must satisfactorily complete a basic course of training approved by the Executive Director.

     2.  A reserve officer must be in full-duty status and fully covered by industrial insurance through the employing agency while attending the training.

     [Peace Officers’ Standards & Training Com., § V, eff. 5-7-82] — (NAC A 12-17-87; A by Peace Officers’ Standards & Training Comm’n by R102-99, 11-2-99; R066-03, 12-4-2003)

     NAC 289.130  Training categories. (NRS 289.510)  For purposes of determining minimum training standards, peace officers required by NRS 289.550 to be certified by the Commission will be divided into four training categories:

     1.  Training category I includes peace officers who are empowered by law to perform a broad spectrum of law enforcement duties and whose primary functions specifically include:

     (a) Routine patrol;

     (b) Criminal investigations;

     (c) Enforcement of traffic laws; and

     (d) Investigation of motor vehicle accidents.

     2.  Training category II includes peace officers whose authority or primary duties are limited to a specific or specialized area of law enforcement.

     3.  Training category III includes peace officers whose legal authority and primary duties are limited to the care and custody of adults and juveniles in a correctional or detention facility of the State of Nevada or its political subdivisions.

     4.  Training category reserve officer includes peace officers who are reserve officers and who are assigned to an agency that employs category I, category II or category III peace officers.

Ê The administrator of each agency shall determine the appropriate training category for the officers employed by his or her agency.

     (Added to NAC by Peace Officers’ Standards & Training Com., eff. 12-17-87; A 8-24-90; A by Peace Officers’ Standards & Training Comm’n by R102-99, 11-2-99; R066-03, 12-4-2003)

     NAC 289.140  Minimum standard of training: Training category I. (NRS 289.510, 289.600)  The minimum standard of training for officers in training category I is successful completion of a basic course that includes 480 hours of training in:

     1.  Law and legal procedures, specifically:

     (a) Civil liability;

     (b) Constitutional law;

     (c) Crimes against persons;

     (d) Crimes against property;

     (e) Juvenile law;

     (f) Laws governing coroners;

     (g) Laws relating to arrest;

     (h) Laws relating to correctional institutions;

     (i) Laws relating to drugs, including, without limitation, current trends in drugs;

     (j) Miscellaneous crimes; 

     (k) Probable cause;

     (l) Rights of victims;

     (m) Search and seizure;

     (n) Searches of offender institutions;

     (o) Traffic laws; and

     (p) Use of force.

     2.  Patrol operations and investigations, specifically:

     (a) Abuse of older persons;

     (b) Basic patrol procedures;

     (c) Child abuse and sexual abuse of a child;

     (d) Crash investigations;

     (e) Domestic violence, stalking and aggravated stalking;

     (f) Investigation of crime scenes, collection and preservation of evidence and fingerprinting;

     (g) Principles of investigation;

     (h) Techniques of interviewing and interrogation;

     (i) The DWI Detection and Standardized Field Sobriety Testing course approved by the National Highway Traffic Safety Administration; and

     (j) Unknown-risk and high-risk vehicle stops.

     3.  Performance skills, specifically:

     (a) Fire safety and use of emergency equipment;

     (b) Interpersonal communications;

     (c) Lifetime fitness;

     (d) Operation of emergency vehicles;

     (e) Provision of emergency first aid and cardiopulmonary resuscitation;

     (f) Public and media relations;

     (g) Searching of buildings;

     (h) Tactics for the arrest and control of suspects, including, without limitation, methods for arrest and the use of less than lethal weapons;

     (i) Training concerning active assailants;

     (j) Training in the use of firearms; and

     (k) Writing of reports.

     4.  The functions of a peace officer, specifically:

     (a) Care of persons in custody;

     (b) Classification and receiving of offenders;

     (c) Community policing;

     (d) Counter-terrorism and weapons of mass destruction;

     (e) Courtroom demeanor, including, without limitation, the giving of testimony;

     (f) Crisis intervention;

     (g) Cultural awareness;

     (h) Ethics in law enforcement;

     (i) Games offenders play;

     (j) Gangs and cults;

     (k) Handling of persons with mental illness;

     (l) History and principles of law enforcement;

     (m) Modern correctional philosophy;

     (n) National Crime Information Center procedures;

     (o) Records of offenders in institutions;

     (p) Supervision of offenders;

     (q) Survival of peace officers;

     (r) Systems of criminal justice; and

     (s) The realities of law enforcement.

     5.  Course administration and examinations.

     (Added to NAC by Peace Officers’ Standards & Training Com., eff. 12-17-87; A 8-24-90; A by Peace Officers’ Standards & Training Comm’n by R102-99, 11-2-99; R100-02, 11-12-2002; R146-05, 12-29-2005; R003-07, 4-17-2008; R110-08, 8-26-2008; R003-17, 12-19-2017)

     NAC 289.150  Minimum standard of training: Training category II. (NRS 289.510, 289.600)  The minimum standard of training for officers in training category II is successful completion of a basic course that includes 200 hours of training in:

     1.  Law and legal procedures, specifically:

     (a) Civil liability;

     (b) Constitutional law;

     (c) Crimes against persons;

     (d) Crimes against property;

     (e) Juvenile law;

     (f) Laws relating to arrest;

     (g) Laws relating to correctional institutions;

     (h) Laws relating to drugs, including, without limitation, current trends in drugs;

     (i) Miscellaneous crimes;

     (j) Probable cause;

     (k) Rights of victims;

     (l) Search and seizure;

     (m) Searches of offender institutions; and

     (n) Use of force.

     2.  Operations and investigations, specifically:

     (a) Abuse of older persons;

     (b) Child abuse and sexual abuse of a child;

     (c) Domestic violence, stalking and aggravated stalking;

     (d) Investigation of crime scenes, collection and preservation of evidence and fingerprinting;

     (e) Principles of investigation; and

     (f) Techniques of interviewing and interrogation.

     3.  Performance skills, specifically:

     (a) Fire safety and use of emergency equipment;

     (b) Interpersonal communications;

     (c) Lifetime fitness;

     (d) Provision of emergency first aid and cardiopulmonary resuscitation;

     (e) Public and media relations;

     (f) Tactics for the arrest and control of suspects, including, without limitation, methods for arrest and the use of less than lethal weapons;

     (g) Training concerning active assailants;

     (h) Training in the use of firearms; and

     (i) Writing of reports.

     4.  The functions of a peace officer, specifically:

     (a) Care of persons in custody;

     (b) Classification and receiving of offenders;

     (c) Counter-terrorism and weapons of mass destruction;

     (d) Courtroom demeanor, including, without limitation, the giving of testimony;

     (e) Crisis intervention;

     (f) Cultural awareness;

     (g) Ethics in law enforcement;

     (h) Games offenders play;

     (i) Gangs and cults;

     (j) Handling of persons with mental illness;

     (k) History and principles of law enforcement;

     (l) Modern correctional philosophy;

     (m) National Crime Information Center procedures;

     (n) Records of offenders in institutions;

     (o) Supervision of offenders;

     (p) Survival of peace officers;

     (q) Systems of criminal justice; and

     (r) The realities of law enforcement.

     5.  Course administration and examinations.

     (Added to NAC by Peace Officers’ Standards & Training Com., eff. 12-17-87; A 8-24-90; R024-97, 10-1-97; A by Peace Officers’ Standards & Training Comm’n by R102-99, 11-2-99; R146-05, 12-29-2005; R003-07, 4-17-2008; R110-08, 8-26-2008; R003-17, 12-19-2017)

     NAC 289.160  Minimum standard of training: Training category III. (NRS 289.510, 289.600)  The minimum standard of training for officers in training category III is successful completion of a basic course that includes 160 hours of training in:

     1.  Legal subjects, specifically:

     (a) Civil liability;

     (b) Laws relating to correctional institutions;

     (c) Searches of offender institutions; and

     (d) Use of force.

     2.  Procedures in the field, specifically:

     (a) Care of persons in custody;

     (b) Classification and receiving of offenders;

     (c) Crisis intervention;

     (d) Games offenders play;

     (e) Gangs and cults;

     (f) Records of offenders in institutions; and

     (g) Supervision of offenders.

     3.  Skills of officers, specifically:

     (a) Fire safety and use of emergency equipment;

     (b) Lifetime fitness;

     (c) Tactics for the arrest and control of suspects, including, without limitation, methods for arrest and the use of less than lethal weapons;

     (d) Training concerning active assailants;

     (e) Training in the use of firearms; and

     (f) Writing of reports.

     4.  Investigation, specifically:

     (a) Domestic violence, stalking and aggravated stalking;

     (b) Handling of persons with mental illness;

     (c) Investigation of crime scenes, collection and preservation of evidence and fingerprinting; and

     (d) Laws relating to drugs, including, without limitation, current trends in drugs.

     5.  Community relations, specifically:

     (a) Cultural awareness;

     (b) Ethics in law enforcement;

     (c) Interpersonal communications; and

     (d) Public and media relations.

     6.  Miscellaneous subjects, specifically:

     (a) Counter-terrorism and weapons of mass destruction;

     (b) Modern correctional philosophy;

     (c) Provision of emergency first aid and cardiopulmonary resuscitation; and

     (d) Systems of criminal justice.

     7.  Course administration and examination.

     (Added to NAC by Peace Officers’ Standards & Training Com., eff. 12-17-87; A 8-24-90, eff. 7-1-91; R024-97, 10-1-97; A by Peace Officers’ Standards & Training Comm’n by R102-99, 11-2-99; R110-08, 8-26-2008; R066-12, 9-14-2012; R003-17, 12-19-2017)

     NAC 289.170  Minimum standard of training: Reserve officers. (NRS 289.510, 289.600)  The minimum standard of training for reserve officers is successful completion of a basic course that includes 120 hours of training in:

     1.  Law and legal procedures, specifically:

     (a) Civil liability;

     (b) Constitutional law;

     (c) Crimes against persons;

     (d) Crimes against property;

     (e) Juvenile law;

     (f) Laws relating to arrest;

     (g) Laws relating to drugs, including, without limitation, current trends in drugs;

     (h) Miscellaneous crimes;

     (i) Probable cause;

     (j) Search and seizure;

     (k) Traffic laws; and

     (l) Use of force.

     2.  Patrol operations and investigations, specifically:

     (a) Abuse of older persons;

     (b) Basic patrol procedures;

     (c) Child abuse and sexual abuse of a child;

     (d) Domestic violence, stalking and aggravated stalking;

     (e) Investigation of crime scenes, collection and preservation of evidence and fingerprinting;

     (f) Principles of investigation; and

     (g) Unknown-risk and high-risk vehicle stops.

     3.  Performance skills, specifically:

     (a) Lifetime fitness;

     (b) Provision of emergency first aid and cardiopulmonary resuscitation;

     (c) Searching of buildings;

     (d) Tactics for the arrest and control of suspects, including, without limitation, methods for arrest and the use of less than lethal weapons;

     (e) Training concerning active assailants;

     (f) Training in the use of firearms; and

     (g) Writing of reports.

     4.  The functions of a peace officer, specifically:

     (a) Community policing;

     (b) Counter-terrorism and weapons of mass destruction;

     (c) Courtroom demeanor, including, without limitation, the giving of testimony;

     (d) Crisis intervention;

     (e) Ethics in law enforcement;

     (f) Handling of persons with mental illness;

     (g) History and principles of law enforcement; and

     (h) Survival of peace officers.

     5.  Course administration and examinations.

     (Added to NAC by Peace Officers’ Standards & Training Comm’n by R066-03, eff. 12-4-2003; A by R146-05, 12-29-2005; R003-07, 4-17-2008; R110-08, 8-26-2008; R003-17, 12-19-2017)

     NAC 289.180  Minimum standard of training: Effective responses to incidents involving dogs or where dogs are present. (NRS 289.510, 289.595)  Training for a peace officer who is required, pursuant to NRS 289.595, to be trained in effective responses to incidents involving dogs or where dogs are present must include, without limitation, the following minimum standards:

     1.  Differentiating between aggressive and nonthreatening dog behaviors;

     2.  Nonlethal methods of handling potentially dangerous dogs; and

     3.  The role and capabilities of local animal control agencies.

     (Added to NAC by Peace Officers’ Standards & Training Comm’n by R065-15, eff. 6-28-2016)

CERTIFICATES

     NAC 289.200  Basic and reserve basic certificate: Requirements; extension of time to complete or waiver of certain requirements; request for certification; placement of basic certificate on inactive status. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.] (NRS 289.510, 289.550, 289.600)

     1.  The Executive Director shall award a basic certificate to any peace officer who meets the minimum standards for appointment established pursuant to NAC 289.110 and has:

     (a) Satisfactorily completed the basic training course for basic certification;

     (b) Passed the state certification examination with a score of at least 70 percent; and

     (c) Passed the state physical fitness examination for the appropriate category of peace officer as described in NAC 289.205.

     2.  The Executive Director may award a basic certificate to any peace officer who has been certified by the certifying entity of another state or has successfully completed a Federal Law Enforcement Training Centers of the United States Department of Homeland Security training program approved by the Commission and who meets the minimum standards for appointment established pursuant to NAC 289.110 if:

     (a) The Commission or its designee has determined that the course of training required for the certification was at least equivalent to the basic training course for basic certification;

     (b) The certification of the peace officer in the other jurisdiction has not been revoked or suspended;

     (c) Not more than 60 months have lapsed since the peace officer was employed in the other jurisdiction;

     (d) The peace officer has satisfactorily completed a training course that is approved by the Executive Director which consists of a minimum of 80 hours of training that satisfies the requirements established by the Commission pursuant to subsection 1 of NAC 289.300 in:

          (1) Abuse of older persons;

          (2) Child abuse and sexual abuse of a child;

          (3) Civil liability;

          (4) Classification and receiving of offenders;

          (5) Constitutional law;

          (6) Counter-terrorism and weapons of mass destruction;

          (7) Crimes against persons;

          (8) Crimes against property;

          (9) Cultural awareness;

          (10) Domestic violence, stalking and aggravated stalking;

          (11) Ethics in law enforcement;

          (12) Fire safety and use of emergency equipment;

          (13) Games offenders play;

          (14) Gangs and cults;

          (15) Juvenile law;

          (16) Laws relating to arrest;

          (17) Laws relating to correctional institutions;

          (18) Laws relating to drugs, including, without limitation, current trends in drugs;

          (19) Miscellaneous crimes;

          (20) Modern correctional philosophy;

          (21) Probable cause;

          (22) Public and media relations;

          (23) Records of offenders in institutions;

          (24) Rights of victims;

          (25) Search and seizure;

          (26) Searches of offender institutions;

          (27) Supervision of offenders;

          (28) Training concerning active assailants; and

          (29) Use of force;

     (e) The peace officer passes the state certification examination with a score of at least 70 percent; and

     (f) The peace officer passes the state physical fitness examination for the appropriate category of peace officer as described in NAC 289.205.

     3.  The Executive Director may award a reserve basic certificate to any reserve officer who meets the minimum standards for appointment pursuant to NAC 289.110 and has:

     (a) Satisfactorily completed the basic training course for a reserve certificate;

     (b) Passed the state certification examination with a score of at least 70 percent; and

     (c) Passed the state physical fitness examination described in subsection 1 of NAC 289.205.

     4.  Except as otherwise provided in subsection 5 or 6, an officer must pass the state physical fitness examination:

     (a) If the officer is not eligible for certification pursuant to subsection 2, not later than 16 weeks after the first day of the officer’s basic training course certified or approved pursuant to NAC 289.300; or

     (b) If the officer is eligible for certification pursuant to subsection 2, not later than 16 weeks after the date on which the officer was hired or, if the officer is a reserve officer, the date of activation of his or her reserve status.

     5.  If a student enrolled in a basic training course certified or approved pursuant to NAC 289.300 sustains a bona fide physical injury that renders him or her incapable of completing the requirements of the state physical fitness examination, an agency may submit a request for an extension of time for the student to complete the examination. The agency shall submit such a request to the Executive Director. The request must include, without limitation, written verification by a physician that the student is incapable of completing the requirements of the state physical fitness examination. If the Executive Director determines that an extension of time is warranted, the Executive Director shall authorize an extension of time for a period not to exceed 12 months after the date on which the student was hired or, if the student is a reserve officer, the date of activation of his or her reserve status.

     6.  If an officer passes the state physical fitness examination:

     (a) While not enrolled in a basic training course certified or approved pursuant to NAC 289.300; and

     (b) More than 16 weeks, but less than 12 months, after the date on which the officer was hired or, if the officer is a reserve officer, the date of activation of his or her reserve status,

Ê the employing agency of the officer may submit a request to the Executive Director to waive the requirements of subsection 4. The request must include, without limitation, the reason the officer was unable to pass the state physical fitness examination within the periods described in subsection 4. The Executive Director may, for good cause shown, grant a request submitted pursuant to this subsection.

     7.  Upon satisfactory completion of the requirements listed in subsection 1, 2 or 3, the employing agency shall submit a request for certification to the Executive Director. The request must include:

     (a) The name, social security number and date of hire of the officer or, if the officer is a reserve officer, the date of activation of his or her reserve status;

     (b) Documentary evidence that the officer has successfully completed an approved basic training course;

     (c) Verification by the administrator of the agency that the officer meets the minimum standards established by this chapter; and

     (d) The statement concerning child support prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520.

     8.  The basic certificate of an officer whose employment is terminated for any reason will be placed on inactive status. If such a person is again employed as a full-time peace officer, the employing agency shall request that the person’s basic certificate be returned to active status. If the certification of such a person is on inactive status for more than 5 consecutive years, the person must renew his or her basic certificate by successfully completing the requirements set forth in subsection 1.

     9.  If a person who successfully completes a basic training course for the purpose of obtaining a basic certificate is not employed by an agency within 24 months after completing the course, the person must repeat all of the requirements for basic certification set forth in subsection 1.

     10.  Except as otherwise provided in this subsection, to satisfactorily complete a basic training course for the purposes of this section, the person must successfully complete all of the requirements in one course. If a person is discharged from a basic training course for any reason that is not disciplinary, the person may complete any remaining requirements in a later course provided by the same entity if the person has not previously been discharged from a course and if:

     (a) The administrator of the basic training course recommends that the person complete the requirements in a later course, the administrator of the employing agency of the person requests that the person be allowed to complete the requirements in a later course and the Executive Director gives approval;

     (b) The subsequent course is provided in a manner which ensures that the person completes all of the requirements for a basic training course for which the course is certified; and

     (c) The subsequent course begins not later than 120 days after the discharge.

     [Peace Officers’ Standards & Training Com., § VI, eff. 5-7-82] — (NAC A 12-17-87; 8-24-90; 4-28-94; R024-97, 10-1-97; R169-97, 1-30-98; R170-97, 1-30-98; A by Peace Officers’ Standards & Training Comm’n by R102-99, 11-2-99; R005-01, 11-1-2001; R100-02, 11-12-2002; R066-03, 12-4-2003; R127-04, 11-8-2004; R146-05, 12-29-2005; R003-07, 4-17-2008; R110-08, 8-26-2008; R118-09, 1-28-2010; R079-14, 10-24-2014; R003-17, 12-19-2017)

REVISER’S NOTES.

      The regulation of the Peace Officers’ Standards and Training Commission filed with the Secretary of State on January 28, 2010 (LCB File No. R118-09), which amended this section, contains the following provision not included in NAC:

      “1.  The amendatory provisions of sections 3 and 7 of this regulation [NAC 289.200 and 289.205] apply only to a person who enrolls in any peace officer training course required pursuant to section 7 of this regulation [NAC 289.200] on or after January 28, 2010.

      2.  The amendatory provisions of section 9 of this regulation [NAC 289.300] apply only to a basic training course that begins on or after January 28, 2010.”

 

      The regulation of the Peace Officers’ Standards and Training Commission filed with the Secretary of State on October 24, 2014 (LCB File No. R079-14), which amended this section, contains the following provision not included in NAC:

      “Sec. 2.  The amendatory provisions of section 1 of this regulation [NAC 289.200] do not apply to a person who was:

      1.  Eligible to be awarded a basic certificate in training category I pursuant to subsection 3 of NAC 289.200 before the effective date of this regulation [October 24, 2014]; or

      2.  Employed as a peace officer by an agency before the effective date of this regulation and:

      (a) Enrolled in a peace officer training course that:

             (1) Met the qualifications of paragraph (b) of subsection 3 of NAC 289.200; and

             (2) Began before the effective date of this regulation;

      (b) Successfully completed the training course; and

      (c) Passed the state certification examination for training category I with a score of at least a 70 percent.”

 

     NAC 289.200  Basic and reserve basic certificate: Requirements; extension of time to complete or waiver of certain requirements; request for certification; placement of basic certificate on inactive status. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.] (NRS 289.510, 289.550, 289.600)

     1.  The Executive Director shall award a basic certificate to any peace officer who meets the minimum standards for appointment established pursuant to NAC 289.110 and has:

     (a) Satisfactorily completed the basic training course for basic certification;

     (b) Passed the state certification examination with a score of at least 70 percent; and

     (c) Passed the state physical fitness examination for the appropriate category of peace officer as described in NAC 289.205.

     2.  The Executive Director may award a basic certificate to any peace officer who has been certified by the certifying entity of another state or has successfully completed a Federal Law Enforcement Training Centers of the United States Department of Homeland Security training program approved by the Commission and who meets the minimum standards for appointment established pursuant to NAC 289.110 if:

     (a) The Commission or its designee has determined that the course of training required for the certification was at least equivalent to the basic training course for basic certification;

     (b) The certification of the peace officer in the other jurisdiction has not been revoked or suspended;

     (c) Not more than 60 months have lapsed since the peace officer was employed in the other jurisdiction;

     (d) The peace officer has satisfactorily completed a training course that is approved by the Executive Director which consists of a minimum of 80 hours of training that satisfies the requirements established by the Commission pursuant to subsection 1 of NAC 289.300 in:

          (1) Abuse of older persons;

          (2) Child abuse and sexual abuse of a child;

          (3) Civil liability;

          (4) Classification and receiving of offenders;

          (5) Constitutional law;

          (6) Counter-terrorism and weapons of mass destruction;

          (7) Crimes against persons;

          (8) Crimes against property;

          (9) Cultural awareness;

          (10) Domestic violence, stalking and aggravated stalking;

          (11) Ethics in law enforcement;

          (12) Fire safety and use of emergency equipment;

          (13) Games offenders play;

          (14) Gangs and cults;

          (15) Juvenile law;

          (16) Laws relating to arrest;

          (17) Laws relating to correctional institutions;

          (18) Laws relating to drugs, including, without limitation, current trends in drugs;

          (19) Miscellaneous crimes;

          (20) Modern correctional philosophy;

          (21) Probable cause;

          (22) Public and media relations;

          (23) Records of offenders in institutions;

          (24) Rights of victims;

          (25) Search and seizure;

          (26) Searches of offender institutions;

          (27) Supervision of offenders;

          (28) Training concerning active assailants; and

          (29) Use of force;

     (e) The peace officer passes the state certification examination with a score of at least 70 percent; and

     (f) The peace officer passes the state physical fitness examination for the appropriate category of peace officer as described in NAC 289.205.

     3.  The Executive Director may award a reserve basic certificate to any reserve officer who meets the minimum standards for appointment pursuant to NAC 289.110 and has:

     (a) Satisfactorily completed the basic training course for a reserve certificate;

     (b) Passed the state certification examination with a score of at least 70 percent; and

     (c) Passed the state physical fitness examination described in subsection 1 of NAC 289.205.

     4.  Except as otherwise provided in subsection 5 or 6, an officer must pass the state physical fitness examination:

     (a) If the officer is not eligible for certification pursuant to subsection 2, not later than 16 weeks after the first day of the officer’s basic training course certified or approved pursuant to NAC 289.300; or

     (b) If the officer is eligible for certification pursuant to subsection 2, not later than 16 weeks after the date on which the officer was hired or, if the officer is a reserve officer, the date of activation of his or her reserve status.

     5.  If a student enrolled in a basic training course certified or approved pursuant to NAC 289.300 sustains a bona fide physical injury that renders him or her incapable of completing the requirements of the state physical fitness examination, an agency may submit a request for an extension of time for the student to complete the examination. The agency shall submit such a request to the Executive Director. The request must include, without limitation, written verification by a physician that the student is incapable of completing the requirements of the state physical fitness examination. If the Executive Director determines that an extension of time is warranted, the Executive Director shall authorize an extension of time for a period not to exceed 12 months after the date on which the student was hired or, if the student is a reserve officer, the date of activation of his or her reserve status.

     6.  If an officer passes the state physical fitness examination:

     (a) While not enrolled in a basic training course certified or approved pursuant to NAC 289.300; and

     (b) More than 16 weeks, but less than 12 months, after the date on which the officer was hired or, if the officer is a reserve officer, the date of activation of his or her reserve status,

Ê the employing agency of the officer may submit a request to the Executive Director to waive the requirements of subsection 4. The request must include, without limitation, the reason the officer was unable to pass the state physical fitness examination within the periods described in subsection 4. The Executive Director may, for good cause shown, grant a request submitted pursuant to this subsection.

     7.  Upon satisfactory completion of the requirements listed in subsection 1, 2 or 3, the employing agency shall submit a request for certification to the Executive Director. The request must include:

     (a) The name, social security number and date of hire of the officer or, if the officer is a reserve officer, the date of activation of his or her reserve status;

     (b) Documentary evidence that the officer has successfully completed an approved basic training course; and

     (c) Verification by the administrator of the agency that the officer meets the minimum standards established by this chapter.

     8.  The basic certificate of an officer whose employment is terminated for any reason will be placed on inactive status. If such a person is again employed as a full-time peace officer, the employing agency shall request that the person’s basic certificate be returned to active status. If the certification of such a person is on inactive status for more than 5 consecutive years, the person must renew his or her basic certificate by successfully completing the requirements set forth in subsection 1.

     9.  If a person who successfully completes a basic training course for the purpose of obtaining a basic certificate is not employed by an agency within 24 months after completing the course, the person must repeat all of the requirements for basic certification set forth in subsection 1.

     10.  Except as otherwise provided in this subsection, to satisfactorily complete a basic training course for the purposes of this section, the person must successfully complete all of the requirements in one course. If a person is discharged from a basic training course for any reason that is not disciplinary, the person may complete any remaining requirements in a later course provided by the same entity if the person has not previously been discharged from a course and if:

     (a) The administrator of the basic training course recommends that the person complete the requirements in a later course, the administrator of the employing agency of the person requests that the person be allowed to complete the requirements in a later course and the Executive Director gives approval;

     (b) The subsequent course is provided in a manner which ensures that the person completes all of the requirements for a basic training course for which the course is certified; and

     (c) The subsequent course begins not later than 120 days after the discharge.

     [Peace Officers’ Standards & Training Com., § VI, eff. 5-7-82] — (NAC A 12-17-87; 8-24-90; 4-28-94; R024-97, 10-1-97; R169-97, 1-30-98; R170-97, 1-30-98; A by Peace Officers’ Standards & Training Comm’n by R102-99, 11-2-99; R005-01, 11-1-2001; R100-02, 11-12-2002; R066-03, 12-4-2003; R127-04, 11-8-2004; R146-05, 12-29-2005; R003-07, 4-17-2008; R110-08, 8-26-2008; R118-09, 1-28-2010; R079-14, 10-24-2014; R003-17, 12-19-2017, eff. upon the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

     NAC 289.205  State physical fitness examination: Requirements. (NRS 289.510)  To pass the state physical fitness examination, a person must:

     1.  For a basic certificate as a category I peace officer or as a reserve peace officer:

     (a) Complete a vertical jump of not less than 14 inches.

     (b) Complete not less than 30 sit-ups in 1 minute.

     (c) Complete not less than 23 push-ups.

     (d) Run 300 meters in not more than 1 minute and 8 seconds.

     (e) Walk or run 1.5 miles in not more than 16 minutes and 57 seconds.

     (f) Complete an agility run in not more than 19.5 seconds.

     2.  For a basic certificate as a category II peace officer:

     (a) Complete a vertical jump of not less than 15 inches.

     (b) Complete not less than 29 sit-ups in 1 minute.

     (c) Complete not less than 15 push-ups.

     (d) Run 300 meters in not more than 1 minute and 20 seconds.

     (e) Walk or run 1.5 miles in not more than 20 minutes and 6 seconds.

     (f) Complete an agility run in not more than 20.7 seconds.

     3.  For a basic certificate as a category III peace officer:

     (a) Complete a vertical jump of not less than 15 inches.

     (b) Complete not less than 20 push-ups.

     (c) Run 300 meters in not more than 1 minute and 14 seconds.

     (d) Walk or run 1.5 miles in not more than 17 minutes and 37 seconds.

     (e) Complete an agility run in not more than 20.4 seconds.

     (Added to NAC by Peace Officers’ Standards & Training Comm’n by R118-09, eff. 1-28-2010)

REVISER’S NOTE.

      The regulation of the Peace Officers’ Standards and Training Commission filed with the Secretary of State on January 28, 2010 (LCB File No. R118-09), the source of this section, contains the following provision not included in NAC:

      “1.  The amendatory provisions of sections 3 and 7 of this regulation [NAC 289.200 and 289.205] apply only to a person who enrolls in any peace officer training course required pursuant to section 7 of this regulation [NAC 289.200] on or after January 28, 2010.

      2.  The amendatory provisions of section 9 of this regulation [NAC 289.300] apply only to a basic training course that begins on or after January 28, 2010.”

 

     NAC 289.210  Basic and reserve basic certificates: Authority granted; periods of effectiveness of reserve basic certificate; basic certificate is revocable privilege. (NRS 289.510)

     1.  The basic certificate authorizes the holder to perform the duties of a peace officer.

     2.  The reserve basic certificate is only effective during those periods when the reserve officer is formally assigned by the agency to perform the duties of a peace officer.

     3.  Each basic certificate is issued by the State of Nevada as a revocable privilege and may be denied, suspended or revoked in accordance with the provisions of this chapter.

     (Added to NAC by Peace Officers’ Standards & Training Com., eff. 12-17-87; A by Peace Officers’ Standards & Training Comm’n by R066-03, 12-4-2003)

     NAC 289.230  Basic or reserve certificate: Requirements for maintaining certificate and resuming duties. (NRS 289.510, 289.590)

     1.  Except as otherwise provided in subsections 7 and 8, to maintain a basic certificate or reserve certificate, the officer must annually satisfy the requirements of subsection 5 and complete 12 hours of additional agency in-service training prescribed by the administrator of the employing agency of the officer. Agency in-service training may include, without limitation, training related to legal issues, the policies and procedures of the employing agency of the officer, driving, first aid, cardiopulmonary resuscitation, blood-borne pathogens, sexual harassment or any other training prescribed by the administrator of the employing agency of the officer.

     2.  The employing agency shall ensure that its officers comply with the requirements of subsection 1. The employing agency shall notify each officer of the requirements of this section and the penalties set forth in subsection 4 for failure to comply with this section. After an officer completes the requirements of subsection 1, the employing agency shall submit to the Executive Director by any means approved by the Executive Director verification that the officer has completed those requirements. Verification must be submitted on or before December 31 of the year in which the officer was required to complete the requirements of subsection 1.

     3.  If the Executive Director has not received verification that an officer has completed the requirements of subsection 1 on or before December 31 of the year in which the officer was required to complete those requirements, the Executive Director shall notify the administrator of the employing agency that he or she has not received the verification required by subsection 2 and that if the verification is not received on or before March 1 following the year in which the officer was required to complete the requirements, the Executive Director will place the administrator on the agenda for the next scheduled meeting of the Commission to explain the delay in the submission of the verification. If the Executive Director has not received verification that an officer has completed the requirements of subsection 1 on or before March 1 following the year in which training was required, the Executive Director shall place the administrator of the employing agency on the agenda for the next scheduled meeting of the Commission.

     4.  Upon the request of the Commission or its designee, the employing agency shall make available for inspection the records of all officers to verify that they have complied with the requirements of subsection 1. The Commission will notify each officer and his or her employing agency of any noncompliance. The Commission will suspend the certificate of any officer who does not complete the requirements of subsection 1 within 60 days after the date on which he or she received the notice of noncompliance. The Executive Director may temporarily reinstate the suspended certificate of an officer upon receiving documentation from the officer which demonstrates that he or she has complied with the requirements of subsection 1. The temporary reinstatement of the suspended certificate is effective upon the Executive Director’s approval of the temporary reinstatement and expires on the date on which the Commission determines whether to reinstate the certificate. The Commission will reinstate the suspended certificate or temporarily reinstated certificate of an officer upon receiving documentation from the officer which demonstrates that he or she has complied with the requirements of subsection 1.

     5.  Except as otherwise provided in subsections 7 and 8, in addition to completing the agency in-service training required pursuant to subsection 1, an officer must:

     (a) If the officer is authorized to use a firearm, at least biannually demonstrate a minimum level of proficiency in the use of each type of firearm he or she is authorized to use. An officer who does not demonstrate a minimum level of proficiency with the use of any type of firearm he or she is authorized to use may not carry or use that type of firearm until he or she participates in a remedial course established by the employing agency to ensure that the officer achieves and maintains a satisfactory level of proficiency.

     (b) If the officer is authorized to use an impact weapon, chemical weapon, electronic incapacitating device or other less than lethal weapon, at least annually demonstrate a minimum level of proficiency in the use of each such weapon or device he or she is authorized to use. An officer who does not demonstrate a minimum level of proficiency with the use of any such weapon may not carry or use that weapon until the officer participates in a remedial course established by the employing agency to ensure that the officer achieves and maintains a satisfactory level of proficiency.

     (c) If the duties of an officer require him or her to use arrest and control tactics, demonstrate annually a minimum level of proficiency in the use of arrest and control tactics, including, without limitation, techniques related to applying handcuffs, taking down suspects, self-defense and retention of weapons.

     (d) If the employing agency of the officer authorizes the use of a carotid restraint or lateral vascular neck restraint, demonstrate annually a minimum level of proficiency in those techniques.

     (e) Review annually each policy of the employing agency which addresses the use of force in any situation in which the agency or the officer may become involved.

     6.  Each employing agency shall establish and provide the courses set forth in subsection 5 to its officers and establish the minimum level of proficiency that an officer must demonstrate in each course.

     7.  An officer:

     (a) Who voluntarily leaves his or her employment as a peace officer for at least 4 consecutive months but not more than 60 consecutive months;

     (b) Whose employment as a peace officer is terminated for any reason for at least 4 consecutive months but not more than 60 consecutive months;

     (c) Who, during a period of continuous employment as a peace officer, is absent from his or her duties as a peace officer because of medical leave, military leave or other approved leave for at least 4 consecutive months; or

     (d) Who is hired, rehired or reinstated on or after July 1 of a reporting year,

Ê must satisfy the requirements of paragraphs (b) to (e), inclusive, of subsection 5 and demonstrate a minimum level of proficiency in the use of each type of firearm he or she is authorized to use before commencing or resuming his or her duties as a peace officer.

     8.  An officer who instructs a course pursuant to subsection 5 is not required to comply with the requirements of subsection 5 to which the instruction applies if the officer:

     (a) Instructs a course in the subject for which the officer is qualified and approved by the administrator of the officer’s agency during each calendar year;

     (b) Participates at least once every 3 years in a course of training for instructors that is approved by the Executive Director; and

     (c) Demonstrates to the Commission or its designee at least once every 3 years proficiency in the subject that he or she instructs.

     9.  Each agency shall maintain documentation of the courses provided pursuant to subsection 5. Such documentation must include, without limitation, the qualifications of each instructor who provides training, a description of the training provided and a list on a form that has been approved by the Executive Director of each officer who completes the training.

     (Added to NAC by Peace Officers’ Standards & Training Com., eff. 12-17-87; A 8-24-90; 4-28-94; R171-97, 1-30-98; A by Peace Officers’ Standards & Training Comm’n by R102-99, 11-2-99; R127-04, 11-8-2004; R003-07, 4-17-2008; R118-09, 1-28-2010; R188-12, 12-23-2013; R121-13, 3-28-2014; R012-17, 12-19-2017)

     NAC 289.235  Voluntary surrender and subsequent reinstatement of basic certificate; report to Commission. (NRS 289.510)

     1.  A peace officer may, permanently or for a stated term, voluntarily surrender a basic certificate to the Commission:

     (a) As part of a termination agreement between the peace officer and his or her employing agency;

     (b) As part of a plea bargain in a criminal proceeding against the peace officer;

     (c) As part of a settlement agreement between the Commission and the peace officer; or

     (d) For any other reason.

     2.  A peace officer who wishes to voluntarily surrender his or her basic certificate must submit to the Executive Director a request for the voluntary surrender. The request must:

     (a) Be in writing;

     (b) State the date on which the voluntary surrender will become effective;

     (c) State whether the voluntary surrender is permanent or for a stated term;

     (d) If the voluntary surrender is for a stated term, include the date on which the voluntary surrender will end;

     (e) Include a summary of the reason for the voluntary surrender;

     (f) If the voluntary surrender is being requested as part of a termination agreement, plea bargain or settlement agreement described in paragraph (a), (b) or (c) of subsection 1, include an acknowledgment by the peace officer that the voluntary surrender shall be deemed to include the voluntary surrender of all other basic certificates held by the peace officer;

     (g) Include a statement by the peace officer that he or she understands and has knowledge of the consequences of the voluntary surrender; and

     (h) Be signed by the peace officer and be notarized.

     3.  The Executive Director shall accept or reject each request for the voluntary surrender of a basic certificate submitted pursuant to subsection 2 and shall notify the peace officer of the acceptance or rejection. If the Executive Director accepts the voluntary surrender of a basic certificate requested as part of a termination agreement, plea bargain or settlement agreement described in paragraph (a), (b) or (c) of subsection 1, the peace officer shall be deemed to have voluntarily surrendered all other basic certificates held by the peace officer, regardless of the training categories in which the basic certificates were awarded.

     4.  A peace officer who voluntarily surrenders a basic certificate may apply to reinstate the basic certificate:

     (a) If the voluntary surrender was for a stated term, after the date specified for the end of the term of voluntary surrender or 60 months after the effective date of the voluntary surrender, whichever occurs earlier; or

     (b) If the voluntary surrender was permanent, 60 months after the effective date of the voluntary surrender.

     5.  A peace officer who wishes to have a basic certificate reinstated must submit a written request to the Commission for authorization to apply for reinstatement of the basic certificate. The Commission will schedule a hearing to consider the request. The Commission will notify the agency that employed the peace officer at the time that the voluntary surrender became effective or the agency that employed the peace officer immediately preceding his or her voluntary surrender, whichever is applicable, of the date and time of the hearing. After the hearing, the Commission will determine whether to authorize the peace officer to apply for reinstatement of the basic certificate.

     6.  If a peace officer is authorized by the Commission to apply for reinstatement of a basic certificate after a voluntary surrender, the peace officer must meet the minimum standards for appointment established by this chapter which are applicable at the time that the peace officer applies for reinstatement of the basic certificate. If the basic certificate is reinstated, the Commission may establish a probationary period during which any misconduct by the officer would result in the revocation of the basic certificate.

     7.  The Executive Director shall submit to the Commission at each meeting of the Commission a report concerning:

     (a) Each voluntary surrender of a basic certificate that was accepted by the Executive Director since the last meeting of the Commission; and

     (b) Each application for reinstatement of a basic certificate that was granted or denied since the last meeting of the Commission.

     (Added to NAC by Peace Officers’ Standards & Training Comm’n by R075-11, eff. 5-30-2012)

     NAC 289.240  Intermediate certificate. (NRS 289.510)  The Executive Director shall grant an intermediate certificate to an officer upon submission of proof satisfactory to the Executive Director that the officer:

     1.  Has a valid basic certificate;

     2.  Is currently employed as a peace officer by an agency; and

     3.  Meets the minimum requirements set forth in one of the following paragraphs:

     (a) The officer:

          (1) Has 2 years of experience as a peace officer employed by a Nevada agency;

          (2) Holds a bachelor’s degree or a higher degree from a college or university accredited by a national or regional accrediting body recognized by the United States Department of Education; and

          (3) In addition to the training required by NAC 289.230, has successfully completed 20 hours of training in courses concerning the duties of peace officers, consisting of courses certified pursuant to NAC 289.310.

     (b) The officer:

          (1) Has 4 years of experience as a peace officer employed by a Nevada agency;

          (2) Holds an associate’s degree from a college or university accredited by a national or regional accrediting body recognized by the United States Department of Education; and

          (3) In addition to the training required by NAC 289.230, has successfully completed 40 hours of training in courses concerning the duties of peace officers, consisting of courses certified pursuant to NAC 289.310.

     (c) The officer:

          (1) Has 6 years of experience as a peace officer employed by a Nevada agency;

          (2) Has earned 45 units of credit from a college or university accredited by a national or regional accrediting body recognized by the United States Department of Education; and

          (3) In addition to the training required by NAC 289.230, has successfully completed 80 hours of training in courses concerning the duties of peace officers, consisting of courses certified pursuant to NAC 289.310.

     (d) The officer:

          (1) Has 8 years of experience as a peace officer employed by a Nevada agency;

          (2) Has earned 30 units of credit from a college or university accredited by a national or regional accrediting body recognized by the United States Department of Education; and

          (3) In addition to the training required by NAC 289.230, has successfully completed 120 hours of training in courses concerning the duties of peace officers, consisting of courses certified pursuant to NAC 289.310.

     (e) The officer:

          (1) Has 10 years of experience as a peace officer employed by a Nevada agency;

          (2) Has earned 15 units of credit from a college or university accredited by a national or regional accrediting body recognized by the United States Department of Education; and

          (3) In addition to the training required by NAC 289.230, has successfully completed 160 hours of training in courses concerning the duties of peace officers, consisting of courses certified pursuant to NAC 289.310.

     (f) The officer:

          (1) Has 12 years of experience as a peace officer employed by a Nevada agency; and

          (2) In addition to the training required by NAC 289.230, has successfully completed 200 hours of training in courses concerning the duties of peace officers, consisting of courses certified pursuant to NAC 289.310.

     (Added to NAC by Peace Officers’ Standards & Training Com., eff. 12-17-87; A 8-24-90; A by Peace Officers’ Standards & Training Comm’n by R102-99, 11-2-99; R188-12, 12-23-2013)

     NAC 289.250  Advanced certificate. (NRS 289.510)  The Executive Director shall grant an advanced certificate to an officer upon submission of proof satisfactory to the Executive Director that the officer:

     1.  Has a current basic certificate;

     2.  Has a current intermediate certificate;

     3.  Is currently employed as a peace officer by an agency; and

     4.  Meets the minimum requirements set forth in one of the following paragraphs:

     (a) The officer:

          (1) Has 4 years of experience as a peace officer;

          (2) Holds a bachelor’s degree or a higher degree from a college or university accredited by a national or regional accrediting body recognized by the United States Department of Education; and

          (3) In addition to the training required by NAC 289.230, has successfully completed 40 hours of training in courses concerning the duties of peace officers, consisting of courses certified pursuant to NAC 289.310.

     (b) The officer:

          (1) Has 6 years of experience as a peace officer;

          (2) Holds an associate’s degree from a college or university accredited by a national or regional accrediting body recognized by the United States Department of Education; and

          (3) In addition to the training required by NAC 289.230, has successfully completed 80 hours of training in courses concerning the duties of peace officers, consisting of courses certified pursuant to NAC 289.310.

     (c) The officer:

          (1) Has 8 years of experience as a peace officer;

          (2) Has earned 45 units of credit from a college or university accredited by a national or regional accrediting body recognized by the United States Department of Education; and

          (3) In addition to the training required by NAC 289.230, has successfully completed 160 hours of training in courses concerning the duties of peace officers, consisting of courses certified pursuant to NAC 289.310.

     (d) The officer:

          (1) Has 10 years of experience as a peace officer;

          (2) Has earned 30 units of credit from a college or university accredited by a national or regional accrediting body recognized by the United States Department of Education; and

          (3) In addition to the training required by NAC 289.230, has successfully completed 240 hours of training in courses concerning the duties of peace officers, consisting of courses certified pursuant to NAC 289.310.

     (e) The officer:

          (1) Has 12 years of experience as a peace officer;

          (2) Has earned 15 units of credit from a college or university accredited by a national or regional accrediting body recognized by the United States Department of Education; and

          (3) In addition to the training required by NAC 289.230, has successfully completed 320 hours of training in courses concerning the duties of peace officers, consisting of courses certified pursuant to NAC 289.310.

     (f) The officer:

          (1) Has 14 years of experience as a peace officer; and

          (2) In addition to the training required by NAC 289.230, has successfully completed 400 hours of training in courses concerning the duties of peace officers, consisting of courses certified pursuant to NAC 289.310.

     (Added to NAC by Peace Officers’ Standards & Training Com., eff. 12-17-87; A 8-24-90; A by Peace Officers’ Standards & Training Comm’n by R102-99, 11-2-99; R188-12, 12-23-2013)

     NAC 289.255  Supervisor certificate. (NRS 289.510)

     1.  The Executive Director shall grant a supervisor certificate to an officer upon submission of proof satisfactory to the Executive Director that the officer:

     (a) Currently is employed as a peace officer by an agency;

     (b) Has a current basic certificate;

     (c) Is employed full-time as the direct supervisor of at least one other peace officer; and

     (d) Has successfully completed an 80-hour course of training described in subsection 2.

     2.  The 80-hour course of training required pursuant to this subsection must include, without limitation, instruction in:

     (a) Principles of leadership, including the ethical responsibilities of leadership;

     (b) Group dynamics, including, without limitation, working with persons of different ages and learning styles and the study of multiple intelligences;

     (c) Reviewing reports made by peace officers;

     (d) Staffing and scheduling;

     (e) Preparing performance evaluations;

     (f) Legal issues for supervisors, including, without limitation, personnel law; 

     (g) Supervisory skills, including, without limitation, coaching, team-building, providing positive reinforcement, building trust and setting goals;

     (h) Carrying out progressive discipline;

     (i) Stress management;

     (j) Preventing suicide by peace officers;

     (k) Effective communication skills, including, without limitation, making public presentations and communicating with the media;

     (l) Writing, reviewing and implementing policies;

     (m) Managing conflict in the workplace; and

     (n) Any other topics required by the Executive Director.

     (Added to NAC by Peace Officers’ Standards & Training Comm’n by R118-09, eff. 1-28-2010)

     NAC 289.260  Management certificate. (NRS 289.510)  The Executive Director shall grant a management certificate to an officer upon submission of proof satisfactory to the Executive Director that the officer meets the following minimum requirements:

     1.  A current basic certificate.

     2.  A current intermediate certificate.

     3.  A current advanced certificate.

     4.  A current supervisor certificate.

     5.  Six years of experience as a peace officer, including at least 1 year of experience in a management level position and a current assignment in a management level position. The applicant must present proof that the current assignment meets the criteria for a management level position as set forth in NAC 289.057 by submitting a letter with the application that is signed by the administrator of the agency. The letter must include an organizational chart which demonstrates the applicant’s position within the agency and must describe the manner in which the applicant’s current assignment meets the criteria for a management level position as set forth in NAC 289.057.

     6.  Successful completion of 200 hours of training in a management training program certified by the Commission which includes, without limitation, courses in the following subjects:

     (a) Introduction to management;

     (b) Public administration;

     (c) Financial administration;

     (d) Personnel administration;

     (e) Management and labor relations; and

     (f) Policy formulation.

     (Added to NAC by Peace Officers’ Standards & Training Com., eff. 12-17-87; A 8-24-90; A by Peace Officers’ Standards & Training Comm’n by R102-99, 11-2-99; R085-10, 12-16-2010; R066-12, 9-14-2012; R121-13, 3-28-2014; R051-14, 10-24-2014)

REVISER’S NOTE.

      The regulation of the Peace Officers’ Standards and Training Commission filed with the Secretary of State on September 14, 2012 (LCB File No. R066-12), which amended this section, contains the following provision not included in NAC:

      “The amendatory provisions of section 3 of this regulation [NAC 289.260] do not apply to any person who began the process of meeting the minimum requirements necessary to obtain a management certificate on or before September 14, 2012, if any such person meets the minimum requirements on or before September 14, 2015.”

 

     NAC 289.270  Executive certificate. (NRS 289.510)

     1.  The Commission will grant an executive certificate to an officer upon submission of proof satisfactory to the Commission that the officer meets the following minimum requirements:

     (a) A current basic certificate.

     (b) A current intermediate certificate.

     (c) A current advanced certificate.

     (d) A current supervisor certificate.

     (e) A current management certificate.

     (f) Six years of experience as a peace officer, including at least 1 year of experience in an executive level position and a current assignment in an executive level position.

     (g) Two hundred hours of training in advanced management in addition to the training completed for the basic, intermediate, advanced, supervisor and management certificates.

     (h) The applicant must present proof that the current assignment meets the criteria for an executive level position as set forth in NAC 289.047 by submitting a letter of recommendation with the application which is signed by the administrator of the agency. The letter must include an organizational chart which demonstrates the applicant’s position within the agency and must describe the manner in which the applicant’s current assignment meets the criteria for an executive level position as set forth in NAC 289.047.

     2.  In making a determination pursuant to subsection 1, the Commission will review and consider each applicant individually.

     (Added to NAC by Peace Officers’ Standards & Training Com., eff. 12-17-87; A 8-24-90; 4-28-94; A by Peace Officers’ Standards & Training Comm’n by R102-99, 11-2-99; R085-10, 12-16-2010)

     NAC 289.290  Denial, revocation, suspension and reinstatement of certificate. (NRS 289.510)

     1.  Each of the following constitutes cause for the Commission to revoke, refuse or suspend the certificate of a peace officer:

     (a) Willful falsification of any information provided to obtain the certificate.

     (b) A permanent or chronic physical or mental disability affecting the officer’s ability to perform his or her full range of duties.

     (c) Chronic drinking or drunkenness on duty.

     (d) Addiction to or the unlawful use or possession of narcotics or other drugs.

     (e) Conviction of, or entry of a plea of guilty, guilty but mentally ill or nolo contendere to, a gross misdemeanor. Upon criminal indictment or filing of a criminal complaint, suspension may be imposed.

     (f) Failure to comply with the standards established in this chapter.

     (g) Conviction of, or entry of a plea of guilty, guilty but mentally ill or nolo contendere to, a felony. Upon criminal indictment or filing of a criminal complaint, suspension may be imposed. Upon conviction or entry of a plea of guilty, guilty but mentally ill or nolo contendere, the certificate will be revoked.

     (h) Conviction of a misdemeanor. If the employing agency recommends suspension or revocation following conviction of the employee for a misdemeanor, suspension or revocation may be imposed. In determining whether to suspend or revoke the certificate, the Commission will consider the type of conviction and other information provided by the agency indicating unprofessional conduct or similar undesirable activity by the officer that resulted in disciplinary action.

     2.  Denial, suspension or revocation procedures will not be considered by the Commission in cases where the employment of an officer is terminated for violations of the policies, general orders or similar guidelines of operation of the employing agency which do not constitute any of the causes for denial, suspension or revocation specified in subsection 1.

     3.  The employing agency shall notify the Commission any time that it becomes aware that one of its officers has been charged with a crime that could result in denial, suspension or revocation procedures. Upon receipt of information alleging any of the causes enumerated in subsection 1, the Commission will determine whether to pursue revocation or suspension of the certificate of the officer.

     4.  The Commission will notify the officer by certified mail at the officer’s last known address of any pending revocation or suspension action and of the nature of the charges and the officer’s right to appear and answer the charges. The officer shall, within 15 days after the date on the certified mail receipt, respond in writing, notifying the Commission of his or her intended action with reference to the charges.

     5.  If the officer fails to notify the Commission within the specified time of his or her intention to appear in answer to the pending action, the Commission will:

     (a) Consider the case on its own merits, using the statement from the head of the employing agency or the substantiated information derived from any independent investigation it deems necessary;

     (b) Take no action pending the outcome of possible criminal action which may be filed against the officer; and

     (c) Take no action pending the outcome of an appeal.

Ê The Commission’s decision will be determined by a majority vote of the members of the Commission present.

     6.  When an officer notifies the Commission of his or her intention to appear and answer the charges pending against him or her, the Commission will elect to sit as a whole at a hearing or designate an independent hearing officer to hear the matter and make recommendations in writing to the Commission. The Commission will review the recommendations of any such hearing officer and arrive at a decision by majority vote of the members present.

     7.  The Commission will notify the officer of its decision within 15 days after the hearing.

     8.  An applicant for a certificate who has not been previously certified, but who would be subject to revocation for any cause set out in subsection 1, will not be granted a certificate.

     9.  If, upon receiving a written allegation that a peace officer is in violation of any provision of subsection 1 and that the facts and circumstances indicate that suspension rather than revocation would be in the best interests of the agency and law enforcement in general, the Commission will suspend the officer’s certificate.

     10.  The Commission will provide each peace officer whose certificate is suspended with written notice of the suspension by certified registered mail. The suspension becomes effective 24 hours after receipt of the certified notice. The notice will contain a statement advising the officer of the right to a hearing.

     11.  Suspension of a certificate is not a bar to future revocation of the certificate and any prior suspensions may be considered as a factor if revocation is being considered by the Commission.

     12.  Five years after the revocation of a certificate, an officer may submit a written request to the Commission to allow him or her to reinstate his or her certificate. The Commission will schedule a hearing to consider whether to reinstate the officer’s certificate. The Commission will notify the agency that requested the revocation of the date and time of the hearing. After the hearing, the Commission will determine whether to reinstate the certificate. If the certificate is reinstated, the Commission may establish a probationary period during which any misconduct by the officer would result in revocation.

     (Added to NAC by Peace Officers’ Standards & Training Com., eff. 12-17-87; A 8-24-90; 4-28-94; A by Peace Officers’ Standards & Training Comm’n by R102-99, 11-2-99; R003-07, 4-17-2008; R051-14, 10-24-2014)

CERTIFICATION OF COURSES FOR TRAINING

     NAC 289.300  Basic training courses. (NRS 289.510, 289.590)

     1.  The Executive Director shall certify basic training courses presented by agencies or approved by the Commission which meet the following requirements:

     (a) The length of the course must meet the minimum standards for training established by the Commission.

     (b) A person enrolling in the course must be required to pass a physical fitness examination not sooner than 30 days before the commencement of the course and not later than 14 days after the commencement of the course. To pass such a physical fitness examination, the person must:

          (1) For category I and reserve training:

               (I) Complete a vertical jump of not less than 11.5 inches.

               (II) Complete not less than 24 sit-ups in 1 minute.

               (III) Complete not less than 18 push-ups.

               (IV) Run 300 meters in not more than 1 minute and 22 seconds.

               (V) Walk or run 1.5 miles in not more than 20 minutes and 20 seconds.

               (VI) Complete an agility run in not more than 23.4 seconds.

          (2) For category II training:

               (I) Complete a vertical jump of not less than 12 inches.

               (II) Complete not less than 23 sit-ups in 1 minute.

               (III) Complete not less than 12 push-ups.

               (IV) Run 300 meters in not more than 1 minute and 36 seconds.

               (V) Walk or run 1.5 miles in not more than 24 minutes and 10 seconds.

               (VI) Complete an agility run in not more than 24.9 seconds.

          (3) For category III training:

               (I) Complete a vertical jump of not less than 12 inches.

               (II) Complete not less than 16 push-ups.

               (III) Run 300 meters in not more than 1 minute and 29 seconds.

               (IV) Walk or run 1.5 miles in not more than 21 minutes and 10 seconds.

               (V) Complete an agility run in not more than 24.5 seconds.

     (c) Each course submitted to the Executive Director for certification must have a curriculum that contains the following elements:

          (1) Each topic of instruction for which the Commission has not established standardized performance objectives must have specifically defined objectives for the performance of the students which are based upon known work requirements;

          (2) Each topic of instruction for which the Commission has established standardized performance objectives must include, at a minimum, the standardized performance objectives established by the Commission;

          (3) Each topic of instruction must have a detailed lesson plan that specifically describes what the student is taught; and

          (4) Each topic of instruction must be assigned a specific amount of time.

     (d) Each course must employ performance-oriented instructional methods that provide opportunities for each student to demonstrate achievement of the objectives.

     (e) For each course, there must be a system of written or practical examinations, or both, that will measure on a pass or fail basis the success of each student in achieving the objectives, including an examination at the beginning and end of each course.

     (f) Each agency submitting a course for certification shall provide an instructional facility that meets the following requirements:

          (1) A classroom with adequate heating, cooling, ventilation, lighting and space and an environment conducive to learning;

          (2) Comfortable chairs with tables or arms for writing;

          (3) Audiovisual equipment necessary to support the course;

          (4) Instructional films and videotapes necessary to support the course; and

          (5) A firing range adequate to train officers safely in the use of firearms.

     (g) If an agency authorizes the use of the carotid restraint or the lateral vascular neck restraint, the course must include at least 8 hours of instruction in that restraint and include presentations on the use of force, the rules of the agency relating to safety, medical implications, approved techniques, and instruction on care and control measures. The course provided by such an agency must also include a written test of at least 10 questions requiring a minimum score of 70 percent and a proficiency test requiring a minimum score of 85 percent. The agency shall maintain records of each student’s performance in the course.

     2.  Certification of courses will be made and maintained on the basis of on-site inspections conducted by the Executive Director or the staff of the Executive Director. Inspections will be conducted at the discretion of the Executive Director. The agency shall notify the Executive Director of any proposed changes regarding courses, instructors and facilities.

     3.  The Executive Director shall deny, suspend or revoke the certification of any course for failure of the agency to maintain the minimum curriculum, qualified instructors or requirements for the facility established by the Commission. The Executive Director shall automatically suspend the certification of a course that ceases operation for 24 consecutive months.

     4.  An agency requesting certification of a course shall make the request in writing to the Executive Director at least 60 days before the course is scheduled to begin. The training course must be reviewed and the request signed by the administrator of the agency and the legal adviser. The Executive Director shall acknowledge receipt of the request within 5 working days. The Executive Director shall respond with a detailed review of the course within 30 days and rule on the request within 45 days after receipt of the request.

     [Peace Officers’ Standards & Training Com., § VII, eff. 5-7-82] — (NAC A 12-17-87; 8-24-90; 4-28-94; R024-97, 10-1-97; R169-97, 1-30-98; A by Peace Officers’ Standards & Training Comm’n by R102-99, 11-2-99; R005-01, 11-1-2001; R100-02, 11-12-2002; R166-05, 6-1-2006, eff. 1-1-2007; R118-09, 1-28-2010)

REVISER’S NOTE.

      The regulation of the Peace Officers’ Standards and Training Commission filed with the Secretary of State on January 28, 2010 (LCB File No. R118-09), which amended this section, contains the following provision not included in NAC:

      “1.  The amendatory provisions of sections 3 and 7 of this regulation [NAC 289.200 and 289.205] apply only to a person who enrolls in any peace officer training course required pursuant to section 7 of this regulation [NAC 289.200] on or after January 28, 2010.

      2.  The amendatory provisions of section 9 of this regulation [NAC 289.300] apply only to a basic training course that begins on or after January 28, 2010.”

 

     NAC 289.310  Courses above level of basic training. (NRS 289.510)

     1.  A provider of training whose principal place of business is located:

     (a) Within this State may, except as otherwise provided in subsection 2, apply for certification above the level of basic training for a course by submitting to the Executive Director, by any means approved by the Executive Director:

          (1) A course description, including, without limitation, the title of the course, the intended goals of the course and specific objectives for the course;

          (2) An outline of the lesson plan, including, without limitation, a chronological list of the major subject headings;

          (3) The total number of hours required to complete the course; and

          (4) If applicable, a copy of the written examinations or a description of the practical examinations on the material covered by the course which is to be graded on a pass or fail basis and which measures accomplishment of the objectives.

     (b) Outside of this State may apply for certification above the level of basic training for a course in accordance with subsection 2.

     2.  Any provider of training who provides a course that is currently accredited under the Program, regardless of whether the principal place of business of the provider of training is located within or outside of this State, may apply for certification above the level of basic training for the course by submitting to the Executive Director documentation of such accreditation. The Executive Director shall award to the provider of training certification above the level of basic training for the course if the course meets all minimum requirements for a course that is above the level of basic training and the provider of training complies with all requirements established by the Program.

     3.  A provider of training may apply for an exemption from the requirements set forth in subsection 2 by submitting a request to the Executive Director, on the business letterhead of the provider of training, explaining the specific reasons for requesting the exemption. The Executive Director may grant an exemption upon a showing of good cause by the provider of training.

     4.  The Executive Director shall review courses certified pursuant to this section periodically for compliance with the provisions of this section. The Executive Director shall notify a provider of training that provides such a course of any noncompliance.

     5.  The Executive Director shall decertify a course if:

     (a) The provider of training that provides the course:

          (1) Requests the decertification of the course; or

          (2) Does not comply with the provisions of this section; or

     (b) There is no record of a peace officer completing the course during any period of 24 consecutive months.

     6.  A provider of training whose course has been certified shall maintain on file, and make available for inspection upon the request of the Commission or its designee:

     (a) A roster of the peace officers who attended the course;

     (b) Each officer’s results on the examination; and

     (c) An evaluation of the course by each peace officer who attended the course.

     7.  A provider of training whose course has been certified shall issue a certificate of completion to all peace officers who successfully complete the course of training. The certificate must contain:

     (a) The certification number assigned to the course;

     (b) The name of the course;

     (c) The hours of training earned for the course; and

     (d) The date on which the course was presented.

     8.  The employing agency of a peace officer shall, upon receipt of a certificate of completion issued to the peace officer pursuant to subsection 7, report the completion of the course of training to the Executive Director by any means approved by the Executive Director on or before December 31 of the year in which the peace officer completes the course of training.

     9.  As used in this section, “Program” means the National Certification Program of the International Association of Directors of Law Enforcement Standards and Training.

     [Peace Officers’ Standards & Training Com., § VIII, eff. 5-7-82] — (NAC A 12-17-87; 8-24-90; R173-97, 1-30-98; A by Peace Officers’ Standards & Training Comm’n by R102-99, 11-2-99; R188-12, 12-23-2013; R012-17, 12-19-2017)

     NAC 289.320  Denial of certification: Written notification of decision; appeal. (NRS 289.510)  Upon making a final decision to deny the certification of a course pursuant to NAC 289.300 or 289.310, the Executive Director shall provide the affected agency or other provider of training with written notification of that decision. The agency or other provider of training may appeal the decision by filing a written request for appeal with the Executive Director within 30 days after the date set forth on the written notification. The request for appeal must set forth specific reasons why the agency or other provider of training believes the denial is improper. The Commission will place the matter on the next available agenda for a meeting of the Commission.

     (Added to NAC by Peace Officers’ Standards & Training Comm’n by R102-99, eff. 11-2-99; A by R188-12, 12-23-2013)

LAW ENFORCEMENT DISPATCHERS

     NAC 289.330  “Law enforcement dispatcher” defined. (NRS 289.510, 289.650)  As used in NAC 289.330, 289.335 and 289.340, unless the context otherwise requires, “law enforcement dispatcher” has the meaning ascribed to it in NRS 289.650.

     (Added to NAC by Peace Officers’ Standards & Training Comm’n by R128-17, eff. 6-26-2018)

     NAC 289.335  Voluntary program for training: Minimum standard. (NRS 289.510, 289.650)  A law enforcement dispatcher may attend a voluntary program for the training of law enforcement dispatchers established by the Commission. The minimum standard of training for law enforcement dispatchers attending the voluntary program is successful completion of a course established by the Commission that includes 120 hours of training in:

     1.  Communications technology;

     2.  Course administration, orientation and testing;

     3.  Criminal law and the classification and definitions of crimes;

     4.  Effective communication;

     5.  Excited delirium and agitated chaotic events;

     6.  Health, wellness and stress management;

     7.  Homeland security;

     8.  Interrogation;

     9.  Law enforcement dispatching and the legal aspects thereof;

     10.  Receiving calls for service related to crimes, traffic incidents, public safety and any other related calls for assistance;

     11.  State and national computer files; and

     12.  The role of a law enforcement dispatcher and an overview of public safety organizations.

     (Added to NAC by Peace Officers’ Standards & Training Comm’n by R128-17, eff. 6-26-2018)

     NAC 289.340  Qualifications for certification. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.] (NRS 289.510, 289.650)  The Executive Director shall award a law enforcement dispatcher certificate to a law enforcement dispatcher who:

     1.  Is currently employed as a law enforcement dispatcher;

     2.  Is an authorized user of the National Crime Information Center and who is thereby able to access the system to make inquiries;

     3.  Satisfactorily completes the voluntary program established pursuant to NAC 289.335; and

     4.  Submits to the Executive Director the statement concerning child support prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520.

     (Added to NAC by Peace Officers’ Standards & Training Comm’n by R128-17, eff. 12-19-2017)

     NAC 289.340  Qualifications for certification. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.] (NRS 289.510, 289.650)  The Executive Director shall award a law enforcement dispatcher certificate to a law enforcement dispatcher who:

     1.  Is currently employed as a law enforcement dispatcher;

     2.  Is an authorized user of the National Crime Information Center and who is thereby able to access the system to make inquiries; and

     3.  Satisfactorily completes the voluntary program established pursuant to NAC 289.335.

     (Added to NAC by Peace Officers’ Standards & Training Comm’n by R128-17, eff. upon the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

MISCELLANEOUS PROVISIONS

     NAC 289.350  Reports. (NRS 289.510)

     1.  Upon employment or termination of a peace officer or upon the activation or termination of the reserve status of a reserve officer, an agency shall notify the Executive Director on a personnel action report form provided by the Commission or its designee. The personnel action report form must be submitted to the Executive Director within 15 days after the date of employment or termination of a peace officer or the activation or termination of the reserve status of a reserve officer.

     2.  An agency shall submit, upon the request of the Commission or its designee, such documentation or information as the Commission or its designee deems necessary to determine whether the standards and provisions of this chapter have been complied with.

     [Peace Officers’ Standards & Training Com., § IX subsec. 4, eff. 5-7-82] — (NAC A 12-17-87; A by Peace Officers’ Standards & Training Comm’n by R102-99, 11-2-99; R066-03, 12-4-2003)

     NAC 289.370  Waiver of provisions. (NRS 289.510)  Any administrator of an agency may petition the Commission for a waiver of any provision of this chapter on behalf of an officer.

     [Peace Officers’ Standards & Training Com., § IX subsec. 2, eff. 5-7-82] — (NAC A 12-17-87; 4-28-94; A by Peace Officers’ Standards & Training Comm’n by R102-99, 11-2-99)

     NAC 289.380  Disciplinary actions in schools operated by Commission. (NRS 289.510)

     1.  This section applies to students who are enrolled in a school operated by the Commission.

     2.  The representative of the Commission who is in charge of the school or the instructor of a course may:

     (a) Orally reprimand a student;

     (b) Assign extra work to the student;

     (c) Restrict the student’s privileges; or

     (d) Remove a disruptive student from the class,

Ê when that action is necessary to maintain orderly conduct at the school. The representative shall report any such action to the Executive Director.

     3.  The Executive Director may, upon his or her own initiative or upon facts and a recommendation presented by the representative, take one of the following disciplinary actions in any case where that action is necessary to maintain order at the school or to ensure the integrity or professionalism of the program of training:

     (a) Written reprimand of a student;

     (b) Suspension of a student; or

     (c) Dismissal of a student.

     4.  The Executive Director shall notify the administrator of the agency which employs the student in writing in all cases of disciplinary action.

     5.  Any student subjected to disciplinary action pursuant to the provisions of this section may appeal the action taken to the Commission.

     (Added to NAC by Dep’t of Motor Veh., eff. 9-13-82; A by Peace Officers’ Standards & Training Com., 12-17-87; A by Peace Officers’ Standards & Training Comm’n by R102-99, 11-2-99)