Section
109-02-04-01 Certification of Instructors
109-02-04-02 Requirements for Certification of Law Enforcement Instructors
109-02-04-03 Certification Duration
109-02-04-04 Application for Instructor Certification
109-02-04-05 Requirements for Weapons Instructor Certification
109-02-04-06 Weapons Instructors Must be Recertified
109-02-04-07 Certification of Qualified Schools and Qualified Training Courses
109-02-04-08 Basic Law Enforcement Training Course Requirements
109-02-04-08.1 Basic Part-Time Law Enforcement Training Course Requirements
109-02-04-09 Application for Course Certification
109-02-04-10 Notice of Revocation or Denial - Hearing

109-02-04-01.  Certification of instructors.  The board shall certify law enforcement instructors who the board has determined are qualified, based on the instructor's education, training, and experience, to teach one or more law enforcement subjects in accordance with the requirements of this chapter.

1. The board may deny, deny renewal of, or suspend an instructor's certification if it determines that the instructor fails to meet the requirements of this chapter to teach one or more law enforcement subjects.

2. The board may deny, deny renewal of, suspend, or revoke an instructor's certification if the board finds that false information was willfully submitted to the board for purposes of obtaining instructor certification or renewal of certification.

3. It is the responsibility of each agency administrator or agency training officer to regularly supervise its instructors to ensure that its instructors meet the requirements of this article and maintain quality instruction.

 
109-02-04-02.  Requirements for certification of law enforcement instructors.

1. A person applying for certification as a law enforcement instructor to teach peace officer subjects, including patrol, investigation, or the use of weapons, must have:

a. A high school diploma or its equivalent;

b. Two years’ experience as a licensed peace officer or equivalent;

c. Verified training or documented experience in each subject to be taught;

d. Compliance with all board requirements, including successful completion of a course of instructor development training or its equivalent approved by the board, including training in the areas of communication, psychology of learning, techniques of instruction, use of instructional aids, preparation and use of lesson plans, preparing and administering tests, teaching resources, and motivation; and

e. A recommendation by the applicant's agency administrator or training officer.

2. The board may waive any part of the requirements of this section if it finds that a person who does not satisfy all requirements of this section is otherwise qualified to be an instructor.

 
109-02-04-03.  Certification duration.  A law enforcement instructor's certification is effective for no more than four years.  At the end of the four-year period, the board may renew the instructor's certification provided that:

1. The instructor has completed a board-approved instructor refresher course at least once during the certification period;

2. The instructor is recommended by the agency administrator or training officer under whose supervision the instructor last instructed; and

3. A law enforcement instructor who has not completed a board-approved instructor refresher course during the forty-eight-month period of certification may not apply for renewal and instead must apply for new certification.

 
109-02-04-04.  Application for instructor certification.

1. Applications for instructor certification must be made on a board-approved form.

2. The board shall review all applications for certification.  The board may issue an instructor's certificate, issue an instructor's certificate subject to conditions, or deny issuance of the certificate.

3. The board shall forward an instructor's certificate to an applicant upon approval of an application by the board.

 
109-02-04-05.  Requirements for weapons instructor certification.  To be certified as a weapons instructor, a peace officer shall successfully complete a board-certified method of instruction course and a board-certified weapons instructor course.  If the peace officer is only going to conduct qualification testing on a certified shooting course, the peace officer only needs to successfully complete a board-certified weapons instructor course.

 
109-02-04-06.  Weapons instructors must be recertified.

1. Weapons instructors must apply to the board for instructor recertification every four years by the anniversary date of the instructor's original certification.  Each instructor shall successfully complete a board-certified weapons instructor refresher course at lease once during the four-year period in order to be eligible for recertification.

2. Within fifteen days after a peace officer or applicant has completed a certified shooting course, the weapons instructor shall forward a completed qualification or requalification form for the peace officer or applicant to the executive secretary.

3. The board may suspend a weapons instructor's certification if the weapons instructor fails to submit a peace officer's or applicant's qualification or requalification form to the executive secretary within fifteen days after the peace officer has completed a certified shooting course.

4. The board shall notify a weapons instructor in writing if it suspends the instructor's certification.  The notice must specify the basis of the suspension.  The weapons instructor may request an administrative hearing on the issue of suspension of the weapons instructor's certification.

 
109-02-04-07.  Certification of qualified schools and qualified training courses.  The board shall certify those schools it has determined are qualified to teach one or more law enforcement-related subjects and qualified training courses.

1. The board shall issue temporary certification to qualified schools offering training programs on a one-time or infrequent basis and for qualified training courses that are offered on a one-time or infrequent basis.  Temporary certification may only be for a specific program and may only  be issued for a specified period of time not to exceed one year.  The board may not issue temporary certification for training conducted within an agency on an unscheduled or infrequent basis for less than an hour per session or by an uncertified instructor.

2. The board shall grant continuing certification to qualified schools conducting peace officer training on a regular basis and for qualified training courses that are conducted on a regular basis.  Continuing certification remains effective until surrendered or revoked, but may not exceed four years.

 
109-02-04-08.  Basic law enforcement training course requirements.

1. The basic law enforcement training course must be based on performance objectives essential for law enforcement in the state of North Dakota, regardless of agency or assignment and must include classroom training, field training, and firearms training.

2. The board may waive the requirement to take any part of the basic law enforcement training course upon application by an agency and submission of sufficient documentation that the peace officer has equivalent training or experience.

3. The basic law enforcement training course shall include testing to determine whether a trainee has learned and can perform the performance objectives.  The academy conducting the basic law enforcement training course shall maintain accurate records of tests and testing procedures.

4. The academy shall notify the board and the trainee's agency whenever the trainee fails to complete or pass any part of the basic law enforcement training course.

109-02-04-08.1  Basic part-time law enforcement training course requirements.

1. The basic part-time law enforcement training course must ne based on performance objectives essential part-time peace officers in the state of North Dakota, regardless of agency assignment and must include classroom training, field training, and firearms training.

2. The basic part-time law enforcement training course shall include testing to determine whether an applicant has learned and can perform the performance objectives.  The school or agency conducting the basic part-time law enforcement training course shall maintain accurate records of tests and testing procedures.

3. An applicant for a part-time peace officer license must successfully complete the basic part-time law enforcement course within two years after the applicant started the basic part-time law enforcement training course.

4. The school shall notify the board and the trainee's agency whenever the trainee fails to complete or pass any part of the basic part-time law enforcement training course.

 
109-02-04-09.  Application for course certification.  The following procedures apply to all training courses for which certification is requested:

1. The person who plans or coordinates a training program shall submit an application for program certification to the board no later than thirty days in advance of the date the training program is to commence.

2. The application must include:

a. A course curriculum showing the date and location of the course, title of course, name of person or agency preparing the training program, student, course objective, terminal performance objectives, testing methods if applicable, method of instruction, course content, schedule of presentation, references and supporting materials; and

b. Information concerning the instructors’ education and experience if the instructors have not been certified by the board.

3. Within fifteen days after the completion of a training program, the training coordinator shall submit to the board a completed student roster on a form approved by the board.  The form must include each peace officer's name and employing agency, hours attended, course name and subject matter, the training location, and the dates and times of training.

 
109-02-04-10.  Notice of revocation or denial - Hearing.  The board shall notify in writing any instructor or school when there is a basis for revoking or denying certification or renewal of certification of an instructor or school.  The notice must specify the basis of the revocation or denial.  The instructor or school has the right to a hearing on the issue of denial or revocation.