§ 53-6-105 — Duties of director -- Powers -- Rulemaking.

(1) The director, with the advice of the council, shall:

(1)(a) prescribe standards for the certification of a peace officer training academy, certify an academy that meets the prescribed standards, and prescribe standards for revocation of certification for cause;
(1)(b) prescribe minimum qualifications for certification of peace officers appointed or elected to enforce the laws of this state and its subdivisions and prescribe standards for revocation of certification for cause;
(1)(c) establish minimum requirements for the certification of training instructors and establish standards for revocation of certification;
(1)(d) provide for the issuance of appropriate certificates to those peace officers completing the basic training programs offered by a certified academy or those persons who pass a certification examination as provided for in this chapter;
(1)(e) consult and cooperate with certified academy administrators and instructors for the continued development and improvement of the basic training programs provided by the certified academy and for the further development and implementation of advanced in-service training programs;
(1)(f) consult and cooperate with state institutions of higher education to develop specialized courses of study for peace officers in the areas of criminal justice, police administration, criminology, social sciences, and other related disciplines;
(1)(g) consult and cooperate with other departments, agencies, and local governments concerned with peace officer training;
(1)(h) perform any other acts necessary to develop peace officer training programs within the state;
(1)(i) report to the council at regular meetings of the council and when the council requires;
(1)(j) recommend peace officer standards and training requirements to the commissioner, governor, and the Legislature; and
(1)(k) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the director shall, with the advice of the council, make rules necessary to administer this chapter.
(2) With the permission of the commissioner, the director may execute contracts on behalf of the division with criminal justice agencies to provide training for employees of those agencies if:

(2)(a) the employees or the employing agency pay a registration fee equivalent to the cost of the training; and
(2)(b) the contract does not reduce the effectiveness of the division in its primary responsibility of providing training for peace officers of the state.
(3) The director may:

(3)(a) revoke certification of a certified academy for cause; and
(3)(b) make training aids and materials available to local law enforcement agencies.
(4) The director shall, with the advice of the council, make rules:

(4)(a) establishing minimum requirements for the certification of dispatcher training instructors in a certified academy or interagency program and standards for revocation of this certification;
(4)(b) establishing approved curriculum and a basic schedule for the basic dispatcher training course and the content of the dispatcher certification examination;
(4)(c) providing for the issuance of appropriate certificates to a person who completes the basic dispatcher course or who passes a dispatcher certification examination as provided for in this chapter;
(4)(d) establishing approved courses for certified dispatchers' annual training; and
(4)(e) establishing a reinstatement procedure for a certified dispatcher who has not obtained the required annual training hours.
(5) The director may not, in approving and reviewing curriculum and training aids for academies, approve or recommend any curriculum which includes the use of chokeholds, carotid restraints, or any act that impedes the breathing or circulation of blood likely to produce a loss of consciousness, as a valid method of restraint.

Legislative History

Amended by Chapter 6, 2020 Special Session 5