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AGENDA ITEM REPORT

Title: Report on Revision to Commission Regulation Procedure D-1
REPORT PROFILE
MEETING DATE
5/30/2019
BUREAU SUBMITTING THIS REPORT
Basic Training Bureau
RESEARCHED BY (PRINT NAME)
Steven Harding
REVIEWED BY (PRINT NAME)
James Grottkau
REPORT DATE
03/28/2019
APPROVED BY
Manuel Alvarez, Jr.
DATE APPROVED
04/23/2019
PURPOSE
Decision Requested
FINANCIAL IMPACT
No

ISSUE:
Should the Commission approve, subject to the Notice of Proposed Regulatory Action process, the proposed revision of regulations described in the report?
BACKGROUND:

As part of an ongoing process, staff reviews regulations and procedures related to basic courses to determine if revisions are necessary.

Basic Course presenters provide training and testing to numerous trainees.  Many of the trainees are attending a Basic Course administered by a presenter that is not their employing agency.  Currently, the course presenters are not required to notify the employing agencies when a trainee fails a POST mandated test.  A trainee's agency should have the opportunity to provide remedial training or counseling to a trainee prior to the presenter administering the retest.  Thus, POST recommends regulation requiring presenters to notify a trainee's employing agency prior to the presenter administering a retest.   

Additionally, the Basic Training Bureau has experienced situations when presenters have administered POST mandated tests and had numerous initial test failures.  The presenter then conducted remedial training and administered a retest.  At the conclusion of the retest an unusually high number of students have failed the retest, therefore being dismissed from a Basic Course.  There have been incidents where it has later been determined the presenter has not administered the test appropriately.  Had the presenter contacted the Basic Training Bureau after the initial test failure, POST could have potentially determined the test was not administered properly and invalidated the test. 

Thus, a recommendation would be prior to retesting, the presenter shall notify the POST Basic Training Bureau if an abnormal number of students pass of fail any required POST scenario test or exercise test.  The presenter shall also notify the POST Basic Training Bureau if an abnormal number of students pass or fail a scenario retest or exercise retest.    

ANALYSIS:

The proposed  changes to the Commission Regulations (Attachment A) are the result of regularly scheduled reviews.  The following regulations are affected:

Training Procedures  -   Commission Procedure D-1

RECOMMENDATION:

POST staff recommend the Commission the make a MOTION to approve the specified changes to Regulation Procedure D-1, which would be amended pursuant to the rulemaking process and through the Office of Administrative Law.  If no one requests a public hearing, the amendments would become effective subject to the Notice of Proposed Regulatory Action process.

 
ATTACHMENT(S):
Name: Type:
Training_Procedure_Revision.pdf Cover Memo