TITLE 10 PUBLIC SAFETY AND LAW
ENFORCEMENT
CHAPTER 29 LAW ENFORCEMENT ACADEMY
PART 6 CERTIFICATION BY WAIVER
10.29.6.1 ISSUING AGENCY: - Department of
Public Safety, New Mexico Law Enforcement Academy, 4491 Cerrillos
Road, Santa Fe, New Mexico 87505.
[10.29.6.1 NMAC - Rp, 10.29.6.1 NMAC, 11/15/16]
10.29.6.2 SCOPE: All applicants for police officer
certification by waiver of basic training and all law enforcement agencies in
the state of New Mexico.
[10.29.6.2 NMAC - Rp, 10.29.6.2 NMAC, 11/15/16]
10.29.6.3 STATUTORY AUTHORITY: Section 29-7-10 NMSA 1978 (Repl. Pamp.
1994), Section 29-7-4 NMSA
1978
(Repl. Pamp. 1994), and Section 29-7-5 NMSA 1978 (Repl. Pamp. 1994).
[10.29.6.3 NMAC - Rp, 10.29.6.3 NMAC, 11/15/16]
10.29.6.4 DURATION: Permanent.
[10.29.6.4 NMAC - Rp, 10.29.6.4 NMAC, 11/15/16]
10.29.6.5 EFFECTIVE DATE: November 15, 2016, unless a later date is
cited at the end of a section.
[10.29.6.5 NMAC - Rp, 10.29.6.5 NMAC, 11/15/16]
10.29.6.6 OBJECTIVE: The purpose of Part
6 is to establish training requirements and eligibility standards for police
officers and telecommunicators who seek certification
by waiver of basic training under Section 29-7-10 NMSA 1978 (Repl. Pamp. 1994), Section 29-7C-6 NMSA 1978. Certification by waiver of previous training
for officer minimum standards of training will include:
A. ethics
and sexual harassment - eight hours;
B. search
and seizure - 16 hours;
C. New
Mexico legal block - 16 hours
D. dealing
with the mentally ill (HB 93) - eight hours;
E. use
of force, response to resistance, and training simulator - 16 hours;
F. domestic
violence and human trafficking - eight hours;
G. reality
based training scenarios - four hours;
H. administrative
time - one hour;
I. law
enforcement officers certification exam - three hours; and
J. 80 hours of
academy accredited training is required for successful completion of the certification
by waiver of previous training course.
[10.29.6.6 NMAC - Rp, 10.29.6.6 NMAC, 11/15/16]
10.29.6.7 DEFINITIONS: [RESERVED]
10.29.6.8 REQUIREMENTS FOR POLICE OFFICERS:
A. To be eligible for certification by
waiver of basic training, such applicants shall be required to successfully
meet all qualifications for police officer admission as set forth in Section
29-7-6 NMSA 1978 (Repl. Pamp. 1997).
B. All applicants must submit a
required two-part application packet.
(1) Part
I of the packet contains materials documenting employment history, training and certification
status, and previous training to be used by the academy
board to make a determination of whether the applicant has completed a basic
law enforcement training program that is comparable to, or exceeds, the
standards of the programs of the academy.
(2) Part
II of the packet contains the application for admission and certification;
employment verification; completion of a medical and psychological evaluation;
criminal history; fingerprint affidavit; waiver of liability; release of
information; notarized copy of high school diploma, general education
development (GED) certificate, or college diploma; applicant affidavit of United
States (U.S.) citizenship or proof of U.S. citizenship; applicant affidavit of
proof of current valid driver’s license; and a notarized copy of DD214, only
applicable if an applicant has military service. Applicants must meet these requirements to be eligible for the certification by waiver
program.
C. Once an applicant has successfully
met the aforementioned requirements, the applicant shall complete one of the
following paths to successfully meet the certification requirements:
(1) The
applicant’s agency will provide documentation attesting to the applicant’s
successful completion of 80 hours of accredited training. Upon review and approval of submitted
documentation of aforementioned training, the applicant will then be eligible
to challenge, and must successfully pass with a minimum score of seventy
percent, the law enforcement officer’s certification examination (LEOCE).
(2) If
the applicant is unable to complete any of 80 hours
of accredited training, or did not successfully pass the LEOCE, the applicant
will be required to attend 80 hour certification
by waiver training program and successfully pass with a minimum score of seventy
percent the LEOCE.
D. Applicants will have two
opportunities to successfully pass the LEOCE. If an applicant is unable to pass the LEOCE
after two attempts he or she will be required to attend and pass the basic
police officer training program.
E. For the purposes of certification by
waiver of previous training, pursuant to Section 29-7-10 NMSA 1978 (Repl. Pamp. 1997), the academy board has adopted the following
formula to be applied to individuals who have not completed a comparable basic
training program: applicants will be
given credit for previous certified law enforcement experience at the rate of
40 hours per year for each year of service, up to but not to exceed 10 years,
for a total of 400 hours, and the applicant will receive credit for advanced
training, up to but not to exceed 400 hours.
Applicant experience and training must be equivalent to the current
minimum standards of training curriculum in effect at the time of application,
unless such deficiencies are covered in the certification by waiver program.
[10.29.6.8 NMAC - Rp, 10.29.6.8 NMAC, 11/15/16]
10.29.6.9 ELIGIBILITY OF OUT-OF-STATE POLICE OFFICER APPLICANTS:
A. In the event a certified officer
from another state or duly commissioned officer from a federal agency makes
application for certification in the state of New Mexico, they must meet all
qualifications and requirements as determined by the director.
B. Any applicant who has not been
employed as a full-time law enforcement officer for a period in excess of eight
years must attend the basic police officer training program to become
certified.
C. Any applicant who has successfully
completed an accredited law enforcement academy from another state, but has
never been certified, must secure a law enforcement position with a recognized
New Mexico law enforcement agency within three years of academy completion and
must meet all other qualifications and requirements as determined by the
director to be eligible for certification by waiver.
[10.29.6.9 NMAC - Rp, 10.29.6.9 NMAC, 11/15/16]
10.29.6.10 ELIGIBILITY OF RETIREES: In the event a retired certified officer who
has appropriately separated from law enforcement service makes application to
obtain or regain New Mexico certification by waiver of basic training, such
applicants shall satisfy the following requirements.
A. Applicant must have graduated from a certified law
enforcement academy that was comparable to or exceeded the standards of the
programs of the New Mexico academy.
B. Separation must be under honorable conditions.
C. Complete all other conditions required under the current
certification by waiver of basic training, except for the physical fitness and
agility requirements.
D. Complete any other requirements imposed on applicant by
sponsoring agency.
[10.29.6.10 NMAC - Rp, 10.29.6.10 NMAC, 11/15/16]
10.29.6.11 REQUIREMENTS
FOR ACTIVE DUTY MILITARY POLICE APPLICANTS:
A. Qualifying
military police must have successfully completed a basic military police course
and completed a four-year enlistment as a military police officer in the U.S.
army, U.S. marine corps, U.S. air force, or U.S. navy. Persons serving in the U.S. coast guard and
department of defense police do not meet occupational requirements.
B. Individuals
meeting the aforementioned qualifications must have successfully completed
basic military training from one of the following military police courses for the
military branch they served:
(1) U.S.
army after 9/1/2003;
(2) U.S.
marine corps after 9/1/2003;
(3) U.S.
air force after 9/1/2005; or
(4) U.S.
navy after 9/1/2005.
C. Military
occupational specialties or air force career classifications considered are:
(1) U.S.
army 95B, or 31B;
(2) U.S.
marine corps 5811;
(3) U.S.
air force 3PO51, or 3PO91; or
(4) U.S.
navy master at arms, or navy enlisted
classification (NEC) 9545
(completed NAVEDTRA 14137).
D. Individuals
serving in the armed forces who have completed a basic military police course
prior to the above dates, but had continuous military service in an approved military
occupation specialty or air force career (MOS/AFC) since completion of the
military basic course, along with continuing educational courses may be
considered. Applicants meeting this
criterion will be required to complete part I and part 2 packets as listed in Section 29-7-6 NMSA 1978, qualifications
for certification, listing all schools and training to the New Mexico law
enforcement academy (NMLEA) director for consideration.
E. All
of the aforementioned military police applicants must attend the 80 hour certification by waiver training course and
successfully pass the LEOCE with a score of seventy percent or better.
F. Applicants
currently on active duty status must also submit a notarized letter from their
current command attesting to their current status, records of any disciplinary
actions, and a statement attesting the applicant is eligible for a
general/honorable discharge.
G. members
who have only served in the national guard or reserves
are not eligible for the certification by waiver program.
[10.29.6.11 NMAC - Rp, 10.29.6.11 NMAC, 11/15/16]
10.29.6.12 REQUIREMENTS
FOR PUBLIC SAFETY TELECOMMUNICATOR:
A. In
order to be eligible for certification by waiver of basic training, such
applicants shall be required to successfully complete a certification by waiver
of previous training program in order to demonstrate proficiency. The training will include the following
topics: human relations; civil law;
criminal law; domestic violence; national crime information center; New Mexico
law enforcement telecommunications system (NCIC – NMLETS) and critical incident
management training. The public safety telecommunicator certification examination will be
administered at the end of the training program. The applicant will have two opportunities to
successfully pass the exam. Two failures
of the exam will require the applicant to attend the basic public safety telecommunicator training program.
B. For
the purposes of certification by waiver of previous training, pursuant to
Section 29-7C-6 NMSA 1978, the academy board has adopted the following formula
to be applied to individuals who have not completed a comparable basic training
program. Applicants will be given credit
for previous public safety telecommunicator
experience at the rate of 24 hours per year for each year of service, up to but
not to exceed five years, for a total of 120 hours, and the applicant will
receive credit for advanced training, up to but not to exceed 120 hours. Applicant experience and training must be
equivalent to the current minimum standards of training curriculum in effect at
the time of application, unless such deficiencies are covered in the
certification by waiver program.
[10.29.6.12 NMAC - Rp, 10.29.6.12 NMAC, 11/15/16]
10.29.6.13 ELIGIBILITY
OF OUT-OF-STATE PUBLIC SAFETY TELECOMMUNICATOR APPLICANTS:
A. In the event a certified telecommunicator
from another state or a telecommunicator from a
federal agency makes application for certification in the state of New Mexico
they must meet all qualifications and requirements as determined by the
director.
B. Any
applicant who has not been employed as a certified telecommunicator
for a period in excess of eight years must attend the basic public safety telecommunicator training program to become certified.
C. Any
applicant who has successfully completed an accredited law enforcement academy
from another state, but has never been certified, must secure a telecommunicator position with a New Mexico public safety
agency within three years of academy completion and must meet all other
qualifications and requirements as determined by the director to be eligible
for certification by waiver.
[10.29.6.13 NMAC - Rp, 10.29.6.13 NMAC, 11/15/16]
HISTORY OF 10.29.6 NMAC:
Pre-NMAC History: The material in this
part was derived from that previously filed with the State Records Center and
Archives under: NMLEA Rule #C4,
Certification By Waiver Of Previous Training Program,
filed 10-25-1989; NMLEA Rule #C4, Certification By Waiver Of Previous Training
Program, filed 12-31-1992.
History of Repealed Material:
10.29.6 NMAC, Law Enforcement Academy - Certification By Waiver, filed 7-1-2001 - Repealed effective
11/15/2016.