Md. Code Regs. 12.04.01.08

Current through Register Vol. 51, No. 10, May 17, 2024

Section 12.04.01.08 - Selection Standards for Recertification as a Police Officer

A. A police officer who has previously received a provisional certification or certification as a police officer may be recertified by the Commission after meeting applicable standards specified in this regulation.

B. Requirements for Recertification.

(1) Information to be Obtained for a Recertification Applicant. An agency head, or a designee, shall obtain information for an applicant for recertification by performing:

(a) A fingerprint check at the local level or a check of the NCIC files;

(b) State and national fingerprint checks;

(c) A drug screening under Regulation .15 of this chapter;

(d) A check of the applicant's driving record, including verification that the applicant possesses a valid driving license;

(e) A check with the applicant's previous law enforcement agency to:

(i) Determine the reason for separation;

(ii) Assess past work performance; and

(iii) Ensure that the applicant's separation was in good standing;

(f) The physical and mental health examinations required under Regulation .04 of this chapter; and

(g) An investigation:

(i) For prior use and other activities related to controlled dangerous substances, narcotic drugs, and marijuana by the applicant as specified under Regulation .19 of this chapter; and

(ii) To determine that an applicant is eligible under federal and Maryland law to possess and use a handgun under Regulation .04D of this chapter.

(2) Required Additional Information for Certain Applicants for Recertification. If an applicant for recertification has not been employed as a police officer by a law enforcement agency within the last 90 days or more before applying for recertification, in addition to the information required under §B(1) of this regulation, the hiring agency head, or a designee, shall perform the following to obtain information related to the applicant for the period since the applicant was last employed as a police officer by a law enforcement agency:

(a) A check with each of the applicant's employers during the period of absence from law enforcement duties;

(b) A check with coworkers during the period of absence; and

(c) Interviews of personal references and neighbors.

C. The hiring agency head shall maintain records as required under Regulation .02 of this chapter to verify that Commission-required selection standards have been met.

D. The hiring agency head shall:

(1) Complete the AFC to verify that applicable Commission-required selection standards for reappointment have been met; and

(2) Forward the AFC to the Commission with copies of any supplemental information discovered during the investigation or from any other source.

E. Review of Previous Background Investigations.

(1) If a hiring agency head does not conduct a full background investigation, the agency head shall review the records of the background investigation of an applicant conducted by the previous law enforcement agency to ensure that a complete and accurate investigation was performed.

(2) The hiring agency head is responsible for correcting omissions and discrepancies by the previous law enforcement agency in a prior investigation that was conducted in conjunction with an AFC submitted to the Commission by a law enforcement agency less than 5 years previously.

(3) If records of a previous background investigation are not available, the hiring agency head shall conduct a full background investigation as required under Regulation .05 of this chapter.

Md. Code Regs. 12.04.01.08

Regulation .08 amended effective May 5, 1986 (13:9 Md. R. 1031); September 7, 1987 (14:18 Md. R. 1967)
Regulation .08A amended effective November 22, 1982 (9:23 Md. R. 2260)
Regulation .08G amended effective August 22, 1988 (15:17 Md. R. 2049); June 11, 1990 (17:11 Md. R. 1344); February 4, 1991 (18:2 Md. R. 151)
Regulation .08H adopted effective November 12, 1990 (17:22 Md. R. 2657)
Regulations .08 adopted effective August 25, 1997 (24:17 Md. R. 1215)
Regulation .08 amended effective July 1, 2000 (27:10 Md. R. 967)
Regulation .08B amended effective January 1, 2010 (36:26 Md. R. 1996)
Regulation .08E amended effective 40:23 Md. R. 1935, eff.11/25/2013 ; amended effective 43:2 Md. R. 128, eff.2/1/2016