Section 6.03. Decertification by order of the board.  


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  • The certification of any law enforcement, tribal law enforcement, jail or secure detention officer may be revoked by the board for failure to comply with a rule or order of the board relating to curriculum or training.
    (1)  Upon receipt of information which may permit decertification of an officer, the bureau shall make a preliminary investigation and verify all relevant facts. The bureau shall also advise the board at each of the board's regularly scheduled meetings of the existence or status of any investigation in progress.
    (2)  The bureau shall complete its investigation of any decertification matter within 90 days of its original receipt of information.
    (3)  Subsequent to the completion of its investigation the bureau shall, at the next regularly scheduled meeting of the board, make a recommendation to the board regarding the certification status of that officer. The bureau may recommend:
    (a) That no action be taken;
    (b) That the officer complete certain training or take certain recommended actions within a prescribed time period, and that officer shall be decertified if the officer does not present the board with proof of compliance;
    (c) That the officer be decertified until certain enumerated conditions are met;
    (d) That the officer be decertified with the opportunity to reapply for certification as a new officer;
    (e) Such other recommendation as the bureau may deem appropriate under the circumstances.
    (4)  The board shall, within 95 days of its receipt of the recommendation of the bureau, accept or reject said recommendation or take such other action it deems appropriate under the circumstances.
    (5)
    (a) If the board takes any action that changes the certification status of the officer the bureau shall promptly notify the officer and the chief administrative officer of the officer's department of the board's action. The bureau shall provide the officer and his or her chief administrative officer a copy of the allegations upon which the action was taken, and a copy of the bureau's investigation and recommendation.
    (b) Said notification shall be made by the bureau mailing to the chief administrative officer of the officer's department via certified mail, return receipt requested, a copy of the board's decision and the other documents provided for in these rules. The chief or someone designated by him or her shall serve a copy of said documents on the officer involved and shall return to the director of the bureau an affidavit of said service on a form to be provided by the bureau. If it is impossible to promptly serve said officer the chief shall notify the director of the bureau of that fact.
History: Cr. Register, February, 1991, No. 422 , eff. 3-1-91; corrections made under s. 13.93 (2m) (b) 1., Stats., Register, August, 1993, No. 452 ; am. (intro.), Register, November, 1997, No. 503 , eff. 12-1-97.