W. Va. Code R. § 149-2-16

Current through Register Vol. XLI, No. 40, October 4, 2024

Section 149-2-16 - Certification Denial, Suspension or Decertification

16.1. The Subcommittee may suspend, decertify, or deny the certification of a law enforcement officer or, if applicable, deny admission to a basic entry-level training program for activities that may include, but are not limited to the following:

16.1.a. Willful falsification of any information submitted or relied upon to obtain certified status;

16.1.b. Having a physical or mental condition affecting the officer's ability to perform his or her duties as described in subsection 8.3. of this rule;

16.1.c. Addiction to or unlawful sale, possession, or use of narcotics, drugs, or drug paraphernalia;

16.1.d. Having admitted the commission of or been convicted of a felony or any crime involving dishonesty, unlawful sexual conduct, physical violence, or driving under the influence of alcohol or drugs, or having been placed in or participated in any pretrial diversion or equivalent program for the same;

16.1.e. Failure to complete required in-service training;

16.1.f. Failure to complete required firearms qualifications;

16.1.g. Legal prohibitions that prevent an officer from performing some or all of his or her required law enforcement duties. It is the responsibility of the officer to report any such legal prohibitions to the Committee within ten (10) days;

16.1.h. Failure to report legal prohibitions as required by subdivision 16.1.f. of this rule;

16.1.i. His or her certification as a law enforcement officer has been suspended, denied or revoked by another state's Peace Officers Standards and Training Commission;

16.1.j. An inability to lawfully carry a firearm under state and/or federal statute;

16.1.k. Failure to have made or met court ordered child support obligations as set forth in W. Va. Code §48-15, et seq.; and

16.1.l. Any conduct or a pattern of conduct unbecoming to a law enforcement officer or law enforcement official or activities that would tend to disrupt, diminish, or otherwise jeopardize public trust and fidelity in law enforcement.

16.2. Employment by another agency or reinstatement of a law enforcement officer by his parent agency after termination, whether termination was voluntary or involuntary, does not preclude suspension, revocation or denial of law enforcement certification, if the law enforcement officer was terminated for any of the reasons contained in this section.

16.3. Termination of a law enforcement officer, whether voluntary or involuntary, does not preclude suspension, revocation or denial of law enforcement certification, if the officer was terminated for any of the reasons contained in this section.

16.4. An employing agency shall not seek de-certification of a law enforcement officer prior to or in lieu of termination.

16.5. Law enforcement officers whose certification has been suspended, revoked or if applicable an applicant who has been denied admission to a basic entry-level training academy may not exercise any authority as a law enforcement officer during the period for which their certification is suspended, revoked or denied.

W. Va. Code R. § 149-2-16