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

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 students. Many of the students are attending a basic course administered by a presenter that is not their employing department/agency. Currently, basic course presenters are not required to notify the employing agencies when a student fails a POST mandated test. A student’s employing department/agency should have the opportunity to be notified of a test failure and provide counseling to a student prior to the presenter administering the retest. 

Additionally, the Basic Training Bureau has experienced situations where presenters have administered POST mandated tests that resulted in numerous student initial test and retest failures. It was later determined by POST that the presenter had not administered the initial tests appropriately. 

POST staff recommends updating Commission Procedure D-1 (Attachment A) to require presenters to notify a student’s employing department/agency following an initial test failure. This will allow the employing department/agency the opportunity to provide counseling to the student prior to the presenter administering the retest. Additional formatting changes were made for consistency. 

Additionally, POST staff recommends updating Commission Regulation 1008 (Attachment A) that requires presenters to notify the Basic Training Bureau when 15% or more of the students attending the course fail any POST-required scenario or exercise test, to include both initial test(s) and retest(s). In addition, the notification shall be made within 24 hours of the failure(s). Test failures of 15% or more shall be based on the total class size at the time of test administration.

Commission Regulation 1005 and 1007 (Attachment A) have been updated to include the adoptive effective date.

POST staff recommend the Commission to make a MOTION to approve the specified changes to Commission Regulations 1005, 1007, 1008 and Commission Procedure D-1, which would be amended pursuant to the rule making process and through the Office of Administrative Law.  If no one requests a public hearing, the amendments will become effective subject to the Notice of Proposed Regulatory Action process.