MEETING DATE
2/20/2014 |
BUREAU SUBMITTING THIS REPORT
Training Program Services Bureau |
RESEARCHED BY (PRINT NAME)
Ed Pecinovsky |
REVIEWED BY (PRINT NAME)
Robert Ziglar |
REPORT DATE
01/10/2014 |
APPROVED BY
Robert A. Stresak |
DATE APPROVED
2/3/2014 |
PURPOSE
Decision Requested |
FINANCIAL IMPACT
No
|
| ISSUE: |
| Should the Commission amend, subject to the Notice of Proposed Regulatory Action process, Regulations 1001, 1057 and 1058 to provide explicit authority for staff to suspend or decertify training courses, and add Procedure D-16 to describe the appeal process? |
| BACKGROUND: |
Historically, POST staff has suspended or decertified an existing training course for cause, and has done so under the authority of Regulations 1057 and 1058. Regulation 1058 also provides for an appeal to the Executive Director and then to the Commission.
A question was recently raised regarding who specifically at POST has the authority to take these actions. A review of existing regulation showed there is no specific staff designated with the explicit authority to decertify a course, and there was no provision in regulation to suspend a course. In addition there is no specific definition of "Course Decertification" or "Course Suspension." in Regulation 1001.
Regulation 1058 describes the procedure for appealing a decertification to the Executive Director and then to the Commission, however, there is nothing in regulation that describes the actual Commission appeals process.
Staff has determined that POST Regulation 1057 and 1058 needs to be amended to provide clarity of POST's authority, and add Procedure D-16 to describe the Commission appeal process. |
| ANALYSIS: |
POST relies upon its written Regulations to describe its authority and processes. It is imperative that all regulations are clearly written and accurately reflect POST practices.
Providing definitions and designating explicit authority to suspend or decertify a training course will eliminate any question regarding the ability of POST staff to act in the best interest of the Commission. For POST Regulation to better serve both staff and presenters, Regulation 1001 should be amended to include definitions of "Course Decertification" and "Course Suspension". In addition, Regulation 1057 and 1058 should designate explicit authority for taking these actions. The time authorized for the appeal process should also be amended to provide the appellant, staff, and the Commission additional time to deliberate and render its decision concerning appeals.
The Commission appeal process should be described to ensure consistency in how appeals will be conducted.
The proposed amendments of Regulation 1001, 1057, 1058 and the addition of Procedure D-16 is described in Attachment A. |
| RECOMMENDATION: |
| Staff recommends that the Commission amend, subject to the Notice of Proposed Regulatory Action process, Regulations 1001, 1057 and 1058 to provide explicit authority for staff to suspend or decertify training courses and add Procedure D-16 to describe the appeal process? |
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