South Carolina Administrative Code

37-013. Definitions for R.37-015 and R.37-016. For purposes of R.37-015 and 37-016, the following definitions shall apply: 1. ‘‘Emergency’’ means a sudden or unexpected occurrence involving an imminent threat to human life or immediate potential for extreme property damage under …

37-014. Law Enforcement Emergency Vehicle Training Requirement. Every agency which uses emergency vehicles shall make provision for the training set out in R.37-015 as appropriate for each such officer’s law enforcement duty requirements prior to any officer’s certification as qu…

37-015. Law Enforcement Emergency Vehicle Training Programs. A. Non-Emergency Response Training 1. Every law enforcement officer who drives or operates an emergency vehicle shall successfully complete a course of instruction as approved by the Academy relating to non-emergency op…

37-016. Notification of Training Compliance. A. Every agency required to conduct training pursuant to R.37-015 shall provide proof of completion of the required training programs, including appropriate instruction in the written policies and procedures of the agency concerning op…

37-017. Continuing Training Requirement. A. The training required by R.37-015 shall be conducted on a continuing basis no less frequently than annually. Every agency shall report, on the form prescribed by the Academy, the provision of appropriate training on or before the expira…

37-018. Approval of Training Programs. A. All agencies required to conduct training programs pursuant to R.37-015 shall, prior to initiation of the required training, submit training materials as required by the Academy for review and approval as required by R.37-008. B. CLEE hou…

37-019. Equivalent Law Enforcement Emergency Vehicle Training. Training provided by other states, the federal government or private training providers, will be evaluated in a fashion consistent with the provisions of R.37-006. In each instance where an agency or officer submits a…

37-020. Effect of Failure to Comply. A. Any agency which willfully fails to comply with the directives of R.37-014 through 37-019, shall be subject to a civil penalty as provided by law pursuant to Section 23-23-100 of the South Carolina Code of Laws. B. Any law enforcement offic…

37-021. Firearms Qualification Requirement. Each law enforcement agency shall maintain proof of completion of a firearms qualification program and keep on file, available for inspection, proof that the firearms qualification program was adminis- tered by an Academy accredited fir…

37-022. Separation from Law Enforcement Employment. A. All law enforcement agencies and other employers of law enforcement officers are required to notify the Academy when an officer leaves the employment of the agency/employer, regardless of the reason for the separation within …

37-023. Reporting of Events Requiring Withdrawal of Certification. A. It shall be the responsibility of the sheriff or the chief executive officer of every law enforcement agency or department within the State to report to the Academy the occurrence of any event, or series of eve…

37-024. Investigation of Events Requiring Withdrawal of Certification; Notification to Officer. A. Upon receipt of a report pursuant to R.37-023, or if an officer willfully provides materially false information to the Criminal Justice Academy, the Council may initiate an investig…

37-025. Denial of Certification for Misconduct. A. The Council may deny certification based on evidence satisfactory to the Council that the candidate has engaged in misconduct. For purposes of this section, misconduct means: 1. Conviction, plea of guilty, plea of no contest or a…

37-026. Withdrawal of Certification of Law Enforcement Officers. A. A law enforcement officer, certified pursuant to the provisions of R.37-005 and R.37-006, shall have his or her certification as a law enforcement officer withdrawn by the Council upon the occurrence of any one o…

37-027. Notification of Withdrawal of Certification. A. Prior to the withdrawal of a law enforcement officer’s certification pursuant to R.37-025 and/or R.37-026, the Council shall notify the officer whose certification is to be withdrawn on a form prescribed by the Council sent …

37-028. Notification of Denial of Certification. A. The Council shall notify any candidate whose certification is denied pursuant to R.37-025 on a form prescribed by the Council sent by registered mail, to the current address on file at the Academy, return receipt requested. It i…

37-029. Confidentiality of Notification. All notifications to law enforcement officers and their respective employing law enforcement agencies pursuant to R.37-023, R. 37-024, R.37-027, and R.37-028 shall be handled in a confidential and sensitive manner. HISTORY: Added by State …

37-030. Reserve Police. A. Definition In addition to the definition required by law, a ‘‘reserve’’ officer is not paid by the agency for which the officer performs law enforcement duties. B. Documentation and Reporting 1. Each agency having a reserve law enforcement officer progr…

37-060. Definitions. A. ‘‘Operator’’ means a telecommunications operator or dispatcher employed in an E-911 system. B. ‘‘Agency’’ means local government or public safety agency employing operators. C. ‘‘Director’’ means the Director of the South Carolina Criminal Justice Academy.…

37-062. Training to Take Place within One Year of Hire. A. No operator employed or appointed on or after the effective date of these regulations by any agency in this State is authorized to receive, process, transmit and/or dispatch emergency and non- emergency calls for police, …

37-063. Requirement of Good Character. A. Background Investigations. Every agency who requests operator’s certification shall conduct a background investigation in accordance with guidelines issued by the Council. B. Certification to the Council. Every agency who requests operato…

37-064. Minimum Requirements for E-911 Operator Enrollment in Training. A. All agencies having operators as candidates for training and certification shall submit to the Academy, the following: 1. an application under oath in a format prescribed by the Council; 2. evidence satisf…

37-065. Certification. Certification will occur upon the successful completion of the prescribed training course as set out in R.37-066. HISTORY: Added by State Register Volume 39, Issue No. 6, Doc. No. 4372, eff June 26, 2015.

37-066. Training Requirements for Certification. A. Candidates for certification as operators shall successfully complete a prescribed course of training as approved by the Council and will be certified as Class 4-TCO. B. Candidates employed as operators prior to June 27, 1997 ma…

37-067. Break in Service after Certification. A. All certification lapses upon separation from employment. B. Candidates with prior certification and a break in service of less than one year will be recertified upon a request by the employing agency, provided the agency produces …

37-068. Application for Issuance or Re-issuance of Certification. A. All candidates for issuance or re-issuance of operator’s certification shall be submitted to the Academy within fifteen business days after hire on a form prescribed by the Council. B. All candidates for issuanc…

37-069. Cost of Training. The cost of training shall be established by the Academy. Agencies shall forward an authorized purchase order for this amount with each application for training. HISTORY: Added by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997. Amended …

37-070. Separation from Employment. Agencies shall notify the Academy of the separation from employment of any certified operator. If the separation is a result of the conviction for a criminal offense carrying a possible sentence of more than one year, such conviction shall be r…

37-073. Denial of Telecommunications Operator Certification for Misconduct. A. The Council may deny certification based on evidence satisfactory to the Council that the candidate has engaged in misconduct. For purposes of this section, misconduct means: 1. Conviction, plea of gui…

37-074. Withdrawal of Certification of Telecommunications Operators. A. An operator, certified pursuant to the provisions of R.37-065, shall have his or her certification as an operator withdrawn by the Council upon the occurrence of any one or more of the following events: 1. Th…

37-100. Suspension of Certification Due to Criminal Charges and/or Indictment. A. If a law enforcement officer is charged and/or indicted for a crime that could result in disqualification under S.C. Code 23-23-60, S.C. Regulation 37-025, and/or S.C. Regulation 37-026, the officer…

37-101. Request for Contested Case Hearing. A. A person against whom an allegation of misconduct has been received by the Academy shall be notified of the allegation of misconduct and his right to a contested case hearing, either by delivering a copy of the allegation personally …

37-102. Failure to Request Contested Case Hearing. Any candidate/officer/operator who fails to request a contested case hearing pursuant to R.37-101, shall have a judgment by default made against him/her and the Council may immediately proceed with determining a final agency acti…

37-103. Prosecution and Docketing. A. When a candidate/officer/operator has requested a contested case hearing pursuant to R.37-101, the Agency making the allegation of misconduct shall handle the prosecution of the claim during the contested case hearing as provided below. B. Up…

37-104. Discovery. A. Any party to a contested case hearing requested pursuant to R.37-101 may engage in discovery only as allowed by this section or the Administrative Procedures Act. B. Discovery shall be conducted pursuant to Rules 26-37, SCRCP, except: 1. Requests for Admissi…

37-105. Contested Case Hearing. A. The contested case shall be held upon thirty (30) days notice to the candidate/officer/operator and Agency making the allegation of misconduct. B. The contested case hearing shall conform to Rule 43(a), (c)(1), (d), (e), (f), (h), (i), SCRCP, ex…

37-106. Failure to Appear at the Contested Case Hearing. A. Any candidate/officer/operator or Agency making the allegation of misconduct notified pursuant to R.37-105(A) who fails to appear at the contested case hearing, shall have a judgment by default made against them by the h…

37-107. Final Decision by Law Enforcement Training Council. A. All Council members, unless recused, shall be provided with a complete transcript of the contested case hearing, copies of all exhibits accepted into evidence during the contested case hearing, and a copy of the heari…

37-108. Sanctions. A. If any candidate/officer/operator is found by preponderance of the evidence to have committed misconduct as defined by R.37-025, R.37-026, R.37-073 and/or R.37-074, such candidate/officer/oper- ator may be sanctioned by the Council as follows, in any combina…

37-109. Recusal of Council Members. A. If a member of the Council filed the allegation of misconduct or is the current sheriff or chief executive officer of the employing agency or department of the candidate/officer/operator, that Council member shall recuse themselves from part…

37-110. Right to be Represented by Counsel. A. During all stages under R.37-100 through R.37-108, the candidate/officer/operator and Agency is entitled to be represented by legal counsel. B. If the candidate/officer/operator or Agency are represented by legal counsel, a notice of…

37-112. Reporting to the National Decertification Index. A. After the Council has issued its final agency action and the time for appeal has lapsed or the appeal rights have been exhausted, if a candidate/officer/operator is found to have committed misconduct as defined by R.37-0…

38-001. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-001 was titled Authority of Director and had the following history: Added by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997. Amended by…

38-002. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-002 was titled Application for Re-issuance of Certification and had the following history: Added by State Register Volume 21, Issue No. 6, Part 2, eff Ju…

38-003. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-003 was titled Requirement of Good Character and had the following history: Added by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997. Am…

38-004. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-004 was titled Denial of Certification for Misconduct and had the following history: Added by State Register Volume 21, Issue No. 6, Part 2, eff June 27,…

38-005. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-005 was titled Firearms Qualification Requirement and had the following history: Added by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 199…