SECTION 6. WGC 3.05(title)(intro.) and (1)(a) are amended to read.
WGC 3.05 (title) Conduct of hearings of the commission. Commission hearings Hearings shall be conducted in conformance with this chapter and, as to all aspects not specified in this chapter, or in conflict with ch. 227 Stats., in conformance with ch. 227, Stats.;
(1) (a) Powers and duties. Hearing officer shall be appointed pursuant to s ss. 227.43 or 227.46 (1), Stats. The hearing officer shall have all the powers and duties enumerated in ch. 227, Stats. In addition, a hearing officer appointed pursuant to this section may:
SECTION 7. WGC 3.05(1)(a)1. is repealed.
SECTION 8. WGC 3.05(1)(a) 2. and 3. are renumbered WGC 3.05(1)(a) 1. and 2. and amended to read.
WGC 3.05(1)(a) 1. Upon objection to the admissibility of evidence, receive the disputed evidence subject to a subsequent ruling by the commission department;
2. Exclude evidence upon the hearing officer's motion or motion of either party, but a party offering evidence that is ruled inadmissible shall be permitted to make a brief offer of proof with such ruling being subject to subsequent ratification by the commission department. Unless expressly overruled, such decision by the hearing officer shall be deemed ratified.
SECTION 9. WGC 3.05(1)(b) is renumbered WGC 3.05(2) and amended to read.
(2) Official notice OFFICIAL NOTICE. The commission department and hearing officer may take official notice of:
SECTION 10. WGC 3.05(1)(c), (2)(a), (b), (c), and (3)(a), (b), (c) are repealed.
SECTION 11. WGC 3.06(1)(a), (b) and (2) are amended to read.
WGC 3.06(1) PROPOSED DECISIONS. (a) In all cases in which a proposed decision is required by s. 227.46(2), Stats., the hearing officer shall within 7 working days of the close of the presentation of evidence and arguments by the parties, prepare and submit to the commission department a proposed decision meeting the requirements of s. 227.46(2), Stats. Within 24 hours of receipt of the decision, the commission department shall serve on all parties a copy of the proposed decision. Each party adversely affected by the proposed decision shall, within 7 working days of receipt of the proposed decision, file any objections to the proposed decision in writing.
(b) In all other cases, unless otherwise directed by the chairperson administrator pursuant to written order upon appointment of a hearing officer, the commission
department shall base its decision on the record certified to it by the hearing officer without a proposed decision as set forth in s. 227.46(3)(b), Stats., subject to any rulings on motions or objections.
(2) FINAL DECISION. The commission department shall review the record in its entirety before rendering a decision.
Fiscal Estimate
There will be no fiscal impact.
Initial Regulatory Flexibility Analysis
Pursuant to s. 227.114, Stats., the rule herein is not expected to negatively impact on small businesses.
Agency Contact Person
Donna Sorenson
Department of Administration
101 East Wilson Street, 10th Floor
P.O. Box 7864
Madison, WI 53707-7864
Notice of Proposed Rule
Law Enforcement Standards Bureau
Notice is hereby given that pursuant to s. 165.85(3)(a), Stats., and interpreting s. 165.85(5)(a), Stats., and according to the procedure set forth in s. 227.16(2)(e), Stats., the Law Enforcement Standards Board will adopt the following rules as proposed in this notice, without public hearing unless, within 30 days after publication of this notice, on June 15, 1999, the Law Enforcement Standards Board is petitioned for a public hearing by 25 natural persons who will be affected by the rule; a municipality which will be affected by the rule; or an association which is representative of a farm, labor, business or professional group which will be affected by the rules.
Analysis Prepared by the Training and Standards Bureau, Wisconsin Department of Justice
The following proposed rules revise certification requirements of the Law Enforcement Standards Board for instructors who teach basic and advanced training for law enforcement, jail and secure detention officers. Revised requirements pertain to new instructors and to experienced instructors who seek to renew their certification. They restrict certification to qualified persons who instruct basic training, instructor training or who employ training guides approved by the Board. They also establish a new, single term of certification and a single anniversary date for multiple certifications.
Text Rules
SECTION 1. LES 4.01 (intro.), (2)(a), (c) and (d) are amended to read:
LES 4.01 Certifications. The following certifications shall be made by the board on the basis of information to be acquired on forms designed by the bureau and approved by the board. Where necessary or deemed advisable, additional information may be acquired through personal inquiry. at the direction of the board. All board decisions are subject to appeal by any interested party.
(2) INSTRUCTORS. (a) Any person who participates as an instructor in training which has been a preparatory course, instructor course or who employs a training guide approved by the board or bureau or for which reimbursement is sought from the bureau, shall be certified by the board.
(c) The board shall certify persons to be general
new instructors as outlined in s. LES 4.02. It shall certify persons to be specific skills instructors as outlined in s. LES 4.03. It shall certify authorize persons to be professional instructors as outlined in s. LES 4.04. Instructor certifications shall be granted on the basis of documented qualifications of experience, education, and training in accord with the requirements of this section.
(d) (intro.) The board may deny, suspend, or revoke an instructor's certification or authorization when the board finds that the person:
1. Has failed to meet the board's requirements for certification or professional authorization;
2. Has failed to remain knowledgeable and current in the person's instructional area of expertise;
3. Has failed to meet reasonable instructional standards and practices.
SECTION 2. LES 4.01(2)(b) is repealed and recreated to read:
LES 4.01(2)(b) All existing instructor certificates shall expire on March 1, June 1, September 1, or December 1, 2001 based on the month of first certification. All certifications held by an instructor shall expire on the same date. Rules of recertification adopted as of September 1, 1999 shall apply to instructor recertifications in the year 2001.
SECTION 3. LES 4.02 (title), (1) (intro.), (a), (b), 1 and 2 are amended to read:
LES 4.02 (title) General New instructor. (1) (intro.) GENERAL NEW INSTRUCTOR CERTIFICATION. Certificates Certification issued in this category on or after January 1, 1990, September 1, 1999, shall be limited to those topics which have not been incorporated by the under its specific instructor certifications. Persons certified as general instructors are not authorized to teach subjects which have been identified by the board as specific skills. or as requiring professional certification. approved for qualified persons who instruct a preparatory course, an instructor course or who employ training guides approved by the board. To qualify for general new instructor certification, an applicant shall demonstrate to the satisfaction of the board, a combination of education, occupational experience and proficiency in the instructional process. Applicants shall meet the following minimum qualifications for general new instructor certification:
(a) Any person who has been certified as an instructor by the Wisconsin technical college system under ch. TCS 3, administrative rules of the Wisconsin technical college system, and has completed an approved teaching methods course and other specialized instructor training designated by the board shall be certified by the board. Complete copies of records which have been submitted to the state technical college system in compliance with requirements of ch. TCS 3, in addition to copies of any A copy of the instructor certificates issued by the state technical college system, along with evidence of completion of an approved teaching methods course and other specialized instructor training designated by the board, shall be forwarded by the applicant to the board; and upon receipt of the documents, the board shall certify the applicant.
(b) Any applicant who has not been certified as an instructor by the Wisconsin state board of vocational, technical and adult education technical college system shall present documentary evidence showing that the applicant: has successfully completed a teaching methods course approved by the board and any other specialized instructor training designated by the board.
1. Is a high school graduate or has obtained
In addition, any applicant requesting certification to teach any portion of the jail or secure detention preparatory course or to employ board approved training guides, shall at a minimum, show evidence of obtaining a high school degree or of obtaining a high school equivalency diploma from the state of Wisconsin or its equivalent from another state and has acquired 4 3 years of practical occupational experience as a criminal justice certified jail officer or as an administrator or specialist in a field directly related to the subject for which he or she requests certification to teach instruct; or,
2. Has been Any applicant requesting certification to teach any portion of the board approved law enforcement and tribal law enforcement preparatory course, instructor course or from board approved training guides, shall at a minimum, show evidence of being awarded an associate degree or 60 college credits and has acquired 3 years of practical occupational experience as a criminal justice certified law enforcement officer or as an administrator or specialist in a field directly related to the subject for which he or she requests certification.
SECTION 4. LES 4.02(1)(b)3 is repealed.
SECTION 5. LES 4.02(2) is repealed and recreated.
LES 4.02(2) TERM OF CERTIFICATION. The term of certification of an instructor is 3 years from the date of board approval. If a certified instructor receives additional board certification, the term of subsequent certification will be for the balance of the initial certification period.
SECTION 6. LES 4.02(3) is repealed.
SECTION 7. LES 4.02(4)(intro.) and (a) and (b) are renumbered LES 4.02(3)(intro.) and (a) and (b) and amended to read:
LES 4.02(3)(intro.) TERMS AND CONDITIONS OF GENERAL INSTRUCTOR CERTIFICATION. RENEWAL OF INSTRUCTOR CERTIFICATION. The term of certification as a general instructor is 5 years from the date the board issues a certificate.. A certificate may subsequently be renewed by the board for 5 3 year periods. The application for renewal shall contain, in addition to the requirements listed in s. LES 4.01, shall provide documentary evidence indicating the applicant has remained active as an instructional or occupational practitioner or both continued occupational or related educational experience in the field(s) of practice for which recertification is sought during the previous 5 3 year period. At a minimum such evidence shall include the following:
(a) Proof that the applicant has within the 5 year period preceding application for renewal, instructed a minimum of eight hours in a bureau or board approved training course; and evidence of continued occupational competency as demonstrated by experience or current, relevant coursework Occupational experience shall be of such recency and relevance as to add to the applicants preparedness for recertification. Occupational experience shall represent current practices. Instructed each course for which recertification is sought at least twice within the 3 year period preceding the application for renewal.
(b) A favorable written recommendation from a director of a certified or approved school for whom the applicant has taught or from the chief law enforcement officer of a department for whom the applicant has taught; or a favorable evaluation by a board or bureau member based on on-site classroom evaluation of a presentation by the applicant during the 5 previous 3 year period of general instructor certification.
SECTION 8. LES 4.02(3)(c) is created to read:
LES 4.02(3)(c) Proof the applicant has completed all specialized training requirements related to the subject(s) for which recertification is sought as required by the board and published in its policy and procedure manual.
SECTION 9. LES 4.03 is repealed.
SECTION 10. LES 4.04 is renumbered LES 4.03 and amended to read:
LES 4.04 Professional instructor. (1) PROFESSIONAL INSTRUCTOR CERTIFICATION. The board may certify
persons to be professional instructors when such persons Persons holding a are required to be licensed valid licensed issued by the state of Wisconsin or to hold an equivalent license in other states or, if approved by the board, a comparable license issued by another state and are currently in good standing, and hold a valid license. shall be authorized to instruct subjects in the general professional area covered by the license. To be eligible for professional certification, a qualified instructor must receive: The board shall determine which subjects shall be taught by a licensed professional instructor.
(a) Submit written The endorsement of a chief administrator of a law enforcement agency,
(b) The endorsement of the law enforcement coordinator of a board certified school, or
(c) Approval of the bureau.
(2) TERMS AND CONDITIONS OF PROFESSIONAL CERTIFICATION AUTHORIZATION The term of certification authorization as professional instructor is
5 years from the date of certification. A certification may subsequently be renewed for 5 year periods. For renewal, a person shall receive a favorable recommendation from the director of a certified or approved school or the bureau or a favorable evaluation by a board or bureau member based on on-site classroom evaluation of a presentation by the instructor during the 5 year period of professional authorization valid for the period of the professional state license provided the person is in good standing with the board.
SECTION 11. LES 4.05 and 4.06 are renumbered LES 4.04 and 4.05.
SECTION 12. LES 4.07 is repealed.
SECTION 13. LES 4.08, 4.09 and 4.10 are renumbered LES 4.06, 4.07 and 4.08 and amended to read:
LES 4.06. Schools may use guest instructors with unique qualifications otherwise not available from certified instructors. Those guest instructors shall have generally accepted credentials, statewide or nationally, in the specific subject of their instruction. Schools shall receive prior approval for guest instructors from the bureau. Schools may also use licensed professional instructors, as defined in LES 4.03, for subjects specific to the licensed professional as recognized by the board.
LES 4.07. In an emergency, based on illness or unavailability of the scheduled instructor, schools may substitute instructors they feel to be competent in the area of instruction without prior approval. In the event an instructor is substituted, on an emergency basis, the bureau shall, within 30 days of completion of said instruction, be advised by the school or agency conducting the training of the name and qualifications of the substitute instructor used and the portions of the curriculum the instructor taught.
LES 4.08. The board may accept as satisfactory, without further training a current certification in cardiopulmonary resuscitation or emergency medical technician to instruct in courses for which those certifications are appropriate the qualifications of any person currently meeting Wisconsin Technical College System certification requirements to instruct cardiopulmonary resuscitation or other medical-related subjects in a preparatory course, instructor course or from training guides approved by the board.
Initial Regulatory Flexibility Analysis
Proposed rules of the Law Enforcement Standards Board do not affect small businesses.
Fiscal Estimate
There is no fiscal effect.
Contact Person
Dennis Hanson, Director
Training and Standards Bureau
Wisconsin Department of Justice
123 West Washington Avenue
P.O. Box 7070
Madison, WI 53707-7070
Telephone: 608/266-7864
Notice of Hearing
