Agencies | Governor
Virginia Regulatory Town Hall

Preliminary Draft Text

Action:
Comprehensive Review of Dispatch Regulations
Stage: NOIRA
3/24/16  3:46 PM

6VAC20-60-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Academy director" means the chief administrative officer of a certified training academy.

"Agency administrator" means any chief of police, sheriff, or agency head of a state or local law-enforcement agency or nonlaw-enforcement head of a communications center.

"Board" means the Criminal Justice Services Board.

"Certified training academy" means a training facility in compliance with academy certification standards and operated by the state or local unit(s) of government for the purpose of providing instruction of compulsory minimum training standards.

"Compulsory minimum training standards" means the performance outcomes and minimum hours approved by the Criminal Justice Services Board.

"Curriculum Review Committee" means the committee consisting of the following nine individuals: two members of the committee shall represent regional criminal justice academies, two members of the committee shall represent independent criminal justice academies, one member shall represent the Department of State Police Training Academy, and four experienced communications personnel shall represent emergency communication functions. The Committee on Training shall appoint members of the Curriculum Review Committee.

"Department" means the Department of Criminal Justice Services.

"Director" means the chief administrative officer of the Department of Criminal Justice Services.

"Dispatcher" means any person employed by or in any local or state government agency either full or part-time whose duties include the dispatching of law-enforcement personnel.

"Emergency medical dispatcher training" means training which meets or exceeds the training objectives as provided in Performance Outcome 1.6, which is set out in 6VAC20-60-100.

"Standard" means Performance Outcome, Training Objective, Criteria for Testing, and Lesson Plan Guide relating to compulsory minimum training for dispatchers and is found on the department's website.

"VCIN/NCIC training" means approved training as specified by the Virginia Department of State Police for dispatchers accessing Virginia Crime Information Network/National Crime Information Center information.

6VAC20-60-20. Compulsory minimum training standards.

Pursuant to the provisions of § 9.1-102 (10) of the Code of Virginia, the board establishes the categories of training as listed below as  for the compulsory minimum training standards for dispatchers. The complete document (Virginia Criminal Justice Services Training Manual and Compulsory Minimum Training Standards – Performance Outcomes for Dispatchers) detailing the performance objectives may be found on the Department of Criminal Justice Services' website http://www.dcjs.virginia.gov/cple/ :

1. Category 1 - Communications.

2. Category 2 - Judgment.

3. Category 3 - Legal Issues.

4. Category 4 - Professionalism.

5. Category 5 - On-the-Job Training.

6VAC20-60-25. Approval authority.

A. The Criminal Justice Services Board shall be the approval authority for the training categories of the compulsory minimum training standards. Amendments to training categories shall be made in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

B. The Committee on Training of the Criminal Justice Services Board shall be the approval authority for the performance outcomes, training objectives, criteria, and lesson plan guides that support the performance outcomes. Performance outcomes, training objectives, criteria, and lesson plan guides supporting the compulsory minimum training standards may be added, deleted, or amended by the Committee on Training based upon written recommendation of a chief of police, sheriff, agency administrator, academy director, nonlaw-enforcement head of a communications center, or the Curriculum Review Committee.

Prior to approving changes to the performance outcomes, training objectives, criteria, or lesson plan guides, the Committee on Training shall conduct a public hearing. Sixty days prior to the public hearing, the proposed changes shall be distributed to all affected parties for the opportunity to comment. Notice of change of the performance outcomes, training objectives, criteria, and lesson plan guides shall be filed for publication in the Virginia Register of Regulations upon adoption, change, or deletion. The department shall notify each certified academy in writing of any new, revised, or deleted objectives. Such adoptions, changes, or deletions shall become effective 30 days after notice of publication in the Virginia Register.

6VAC20-60-30. Applicability.

A. All dispatchers employed by or in any local or state government agency whose duties include the dispatching of law-enforcement personnel and who were hired on or after July 1, 1988, must meet compulsory minimum training standards established at the time of their appointment, unless provided otherwise in accordance with subsection B of this chapter section.

B. The director may grant an exemption or partial exemption of the compulsory minimum training standards established herein, in accordance with § 9.1-116 of the Code of Virginia.

6VAC20-60-40. Time requirement for completion of training.

A. Every dispatcher who is required to comply with the compulsory minimum training standards must satisfactorily complete the required training set forth in 6VAC20-60-20, within 24 months of the date of appointment as a dispatcher, unless provided otherwise in accordance with subsection B of this section.

B. The director may grant an extension of the time limit for completion of the compulsory minimum training standards under the following conditions:

1. The chief of police, sheriff, or agency administrator shall present written notification that the dispatcher was unable to complete the required training within the specified time limit due to:

a. Illness;

b. Injury;

c. Military service;

d. Special duty assignment required and performed in the public interest;

e. Administrative leave involving the determination of workers' compensation or disability retirement issues, or suspension pending investigation or adjudication of a crime; or

f. Any other reason documented by the agency administrator. Such reason must be specific and any approval granted approved extensions shall not exceed 90 days.

2. Any extension granted under subdivision 1 a- e of this subsection shall require the dispatcher to complete compulsory minimum training prior to resuming job duties. Requests may be granted for periods not to exceed 12 months.

3. The agency administrator must request such extension prior to expiration of any time limit.

C. Any dispatcher having previously and successfully completed the compulsory minimum training standards who resigns and is reappointed within 24 months from departure will not be required to complete the academy training class.

6VAC20-60-50. Compliance with compulsory minimum training standards.

A. The compulsory minimum training standards shall be accomplished by satisfactory completion of the academy training objectives at a certified training academy and the successful completion of on-the-job training objectives as provided by 6VAC20-60-30 B 6VAC20-60-20.

B. Dispatchers attending compulsory minimum training at a certified training academy are required to attend all classes and should not be placed on duty or call except in cases of emergency.

C. The Criminal Justice Services Board will provide a transition period for implementation of this chapter. The transition period shall begin January 1, 2002. During the transition period, certified training academies may conduct dispatcher entry-level training using the performance objectives within the "Rules Relating to Compulsory Minimum Training Standards for Dispatchers," effective January 1, 1994, or the performance outcomes and training objectives. Accordingly, any certified training academy may institute a curriculum transition by replacing existing performance objectives with the revised performance outcomes and training objectives. Effective January 1, 2003, all entry-level training programs shall meet the requirements of 6VAC20-60-100.

6VAC20-60-60. Approved training schools.

A. Dispatcher classroom training may only be provided by a certified training academy. The certified training academy shall submit to the department the curriculum and other information as designated, within time limitations established by the department.

B. Each academy director will be required to maintain a file of all current lesson plans and supporting materials for each subject contained in the compulsory minimum training standards.

C. A certified  B. Approved training academy schools shall be is subject to inspection and review by the director or staff.

D. C. To become a certified academy, a state or local unit of government must demonstrate a need that contains the following elements:

1. The inability to obtain adequate training from existing academies or a sufficient hardship that renders the use of other existing academies impractical.

2. Based upon a training needs assessment, a sufficient number of officers to warrant the establishment of a full-time training function for a minimum of five years.

E. D. In addition to the requirement in subsection B or this section, the state or local unit of government must make the following commitments:

1. The provision of a full range of training to include entry-level training and specialized training.

2. The assignment of one position with primary responsibility as academy director and one clerical position to support training and training related functions and instructor certification.

3. The maintenance of a training facility adequate to conduct training in accordance with academy certification standards.

4. The commitment of sufficient funding to adequately support the training function.

F. E. Process.

1. The state or local governmental unit shall submit a justification to the Committee on Training as described in subsection D C of this section. The Committee on Training shall review the justification and make a recommendation to the department as to whether the establishment of an academy is warranted.

2. If the Committee on Training recommends the establishment of the proposed academy, the department shall make a determination as to whether the establishment of the academy is warranted.

3. If the establishment of the academy is approved by the department, the proposed academy must successfully complete the academy certification process.

G. F. The certified training academy shall submit to the department its curriculum and other information as designated within time limitations established by the department. Dispatcher training schools shall be approved by the department prior to the first scheduled class. Approval is requested by making application to the director on forms provided by the department. The director may approve those schools, which, on the basis of curricula instructors, facilities, and examinations provide the required minimum training. One application for all mandated training shall be submitted prior to the beginning of each fiscal year. A curriculum listing performance objective by number, the instructors, dates, and times for the entire proposed session shall be submitted to the department 30 days prior to the beginning of each such proposed session. An exemption to the 30 day requirement may be granted for good cause shown by the school director.

H. G. Each academy director shall maintain a file of all current lesson plans and supporting material for training objectives, and shall provide this information to the director upon request.

I. H. A certified training academy is subject to inspection and review by the director or his staff.

J. I. The department may suspend or revoke the certification of any certified training academy upon written notice, which shall contain the reason or reasons upon which the suspension or revocation is based, to the academy's director. The academy's director may request a hearing before the director. The request shall be in writing and shall be received by the department within 15 days of the date of the notice of the suspension or revocation. The academy's director may appeal the director's decision to the board.

6VAC20-60-70. Grading.

A. All certified training academies shall utilize testing procedures that indicate that every dispatcher has satisfactorily completed the criteria in each training objective approved by the Committee on Training of the Criminal Justice Services Board. A dispatcher may be tested and retested as may be necessary within the time limits of 6VAC20-60-40 and in accordance with each academy's written policy.

B. Certified training academies shall maintain accurate records of all tests, grades and testing procedures. Academy training records must be maintained in accordance with the provisions of this chapter and §§ 42.1-76 through 42.1-91 the Virginia Public Records Act (§ 42.1-67 et seq. of the Code of Virginia).

C. Every individual attending compulsory minimum training shall satisfactorily complete each required performance outcome, training objective, and criteria, and any optional job related subject performance requirements, where applicable. Any individual who fails to satisfactorily complete any performance outcomes or objectives in any subject will be required to attend that subject in a subsequent approved dispatcher training school and satisfactorily complete the required performance objective or objectives.

6VAC20-60-75. In-Service.

A. Pursuant to subdivision (10) of §9.1-102 of the Code of Virginia, the board establishes the following as the compulsory in-service training standards for dispatchers whose duties include dispatching law enforcement personnel:

1. Cultural diversity training –  ----- hours

2. Legal training - ---- hours

3. Career development/elective training - ---- hours

Total in-service training  -  ------ hours

B. Every dispatcher must complete compulsory in-service training by ------ following satisfactory completion of the entry-level compulsory minimum training standards, and must complete compulsory in-service training -----  thereafter.

C. Mandated in-service training shall be conducted in no less than two-hour sessions and must be under the authority of a certified training academy and meet all requirements for conducting mandated training.

D. The director may grant an extension of the time limit for completion of in-service training under the following conditions:

1. The agency administrator shall present written notification that the officer was unable to complete the required training within the specified time limit due to:

a. Illness;

b. Injury;

c. Military service;

d. Special duty assignment required and performed in the public interest;

e. Administrative leave involving the determination of worker's compensation or disability retirement issues, full-time educational leave or suspension pending investigation or adjudication of a crime; or

f. Any other reason documented by the agency administrator. Such reason must be specified and an anticipated completion date provided. The department will determine and approve a reasonable timeframe based upon the justification provided with the extension request.

2. Requests for extension of the time limit shall be received prior to the expiration of the normal in-service time limit.

6VAC20-60-80. Failure to comply with rules and regulations.

Any individual attending a certified training academy shall comply with the rules and regulations promulgated by the department. The academy director shall be responsible for enforcement of all rules and regulations established to govern the conduct of attendees. If the academy director considers a violation of the rules and regulations detrimental to the welfare of the academy, the academy director may expel the individual from the certified training academy. Notification of such action shall immediately be reported, in writing, to the agency administrator of the dispatcher and the director.

6VAC20-60-90. Administrative requirements.

A. Reports will be required from the agency administrator and academy director on forms approved or provided by the department and at such times as designated by the director.

B. The agency administrator shall, within the time requirement set forth in subsection A of 6VAC20-60-40, forward a properly executed on-the-job training form to the department for each dispatcher.

C. The academy director shall, within 30 days upon completion of the dispatcher training:

1. Submit to the department a roster containing the names of those dispatchers who have satisfactorily completed the compulsory minimum training standards.

2. Submit to the department the final curriculum with the training objectives and instructor names listed.

D. The academy director shall furnish each instructor with the performance based training and testing objectives for the assigned subject matter.

E. Each certified training academy shall maintain accurate records of all tests, grades and testing procedures. Dispatcher training records shall be maintained in accordance with the provisions of these regulations and §§ 42.1-67 through 42.1-91 of the Code of Virginia. the Virginia Public Records Act (§ 42.1-67 et seq. of the Code of Virginia).

FORMS (6VAC20-60)

Application for Exemption From Virginia Compulsory Minimum Training Standards, Form W-2, rev. 04/10.

On the Job Training Dispatchers, Form D-1, rev. 09/02.