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AGENDA ITEM REPORT

Title: Report on Proposed Revisions to Commission Regulations 1001, 1005, 1008 and Procedures D-10 and D-11, Requalification and Basic Course Waiver Requirements
REPORT PROFILE
MEETING DATE
10/26/2017		 BUREAU SUBMITTING THIS REPORT
RESEARCHED BY (PRINT NAME)
Shelley Spilberg		 REVIEWED BY (PRINT NAME)
Maria Sandoval
REPORT DATE
09/18/2017		 APPROVED BY
Manuel Alvarez, Jr.		 DATE APPROVED
10/09/2017
PURPOSE
Decision Requested		 FINANCIAL IMPACT
No

ISSUE:
Should the Commission approve, subject to the Notice of Proposed Regulatory Action process, the proposed revisions to the POST Requalification and Basic Course Waiver requirements as contained in Commission Regulation 1001: Definitions, Regulation 1005: Minimum Standards for Training, Regulation 1008: Basic Course Waiver and Requalification Requirement, Procedure D-10: Requalification Course, and Procedure D-11: Basic Course Waiver Requirement? 
BACKGROUND:
During meetings from February 25, 2016 through June 22, 2017, the Commission heard appeals related to POST Requalification and Basic Course Waiver requirements. The ensuing discussions highlighted the confusion regarding the meaning of these regulations. For example, the “6-year Rule” [Regulation 1008(b)] was often misinterpreted as allowing an individual three years from the date of completion of requalification training to obtain initial qualifying employment, rather than the actual time limit of six years from the date of completion of the Basic Course.  
ANALYSIS:

The current effort involved revising Commission Regulation 1008: Basic Course Waiver and Requalification Requirement and related requirements - Regulation 1005: Minimum Standards for Training; Procedure D-10: Requalification Course; Procedure D-11: Basic Course Waiver Requirement and Regulation 1001: Definitions - to enhance their clarity and interpretability. Attachment A contains the proposed revisions; Attachment B contains the current versions of these requirements.

Wording was revised throughout the proposed regulation. For example, the terms “6-Year Rule” and “3-Year Rule” were removed and replaced with clearer explanatory language [Regulation 1008(C)]. In addition to rewording, requirements were reorganized so that the reader would not need to look in multiple locations for information on a given topic. Specifically, Procedure D-10 was inserted into Regulation 1008 as Regulation 1008(F), and the definitions in Procedure D-10 were woven into Regulation 1001: Definitions. Regulation 1008(a): Basic Course Waiver and Procedure D-11: Basic Course Waiver Process were merged into Regulation 1005 as Regulation 1005(a): Minimum Standards for Training.

The proposed revision does not alter the content or substance or substance of the current requirements -- with one exception. Currently, exemptions of the requalification requirement may be granted by the Executive Director or the Commission [1008(b)(3)]. In an effort to limit the inordinate amount of time spent by the Commission hearing appeals, revised Regulation 1008(D) limits the authority to grant exemptions to POST requalification requirements to the Executive Director alone. 

Attachment A represents the first step in a two-step process to revise POST requalification requirements.  In this first step, the current requalification requirements have been simplified and clarified. In the next step, changes to the substance of the requirements will be considered based on input from the Commission, POST staff, and stakeholders.
RECOMMENDATION:
Staff recommends that the Commission approve, subject to the Notice of Proposed Regulatory Action process, the amendments to Commission Regulations 1001, 1005, 1008 and Procedures D-10 and D-11, Requalification and Basic Course Waiver requirements described in this report.
 
ATTACHMENT(S):
Name: Type:
Revised_Regulation_1008_etc._10.9.17.docx Backup Material
Updated_Attachment_B_1008_no_strikeout_9.27.17.docx Backup Material