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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsDecember 2016

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2400 Board of Examiners of Constables
24 DE Admin. Code 2400
Pursuant to the Guidelines in 29 Del.C. §10118(b)(1)-(7), the Board of Examiners of Constables ("Board") hereby issues this Order. Following notice and a public hearing on the proposed adoption of amendments to rule 1.0 - Licensing, rule 5.0 – Firearms Policy, and rule 9.0 – Minimum Training Standards and In-Service Training, the Board makes the following Findings and Conclusions:
10. The Board therefore adopts this amendment pursuant to 10 Del.C. §2702(b) and guidelines of 29 Del.C. §10118 of the Administrative Procedures Act. See, Strauss v. Silverman, Del. Supr., 399 A.2d 192 (1979).
BOARD OF EXAMINERS OF CONSTABLES:
1.1 All applicants must submit written testimony from five (5) reputable citizens attesting to good character, integrity, and competency.
1.6 Applicants, who have been law enforcement officers in the past, within or outside the State of Delaware, but have been away from active law enforcement for more than five years, will be required to take an MMPI (Minnesota Multiphasic Personality Inventory) or the PAI (Personal Assessment Inventory), under the conditions noted in Rule subsection 1.4, and pass a comprehensive, multiple-choice examination of the minimum standards established by the Board to demonstrate their knowledge of the duties of a Constable. If the test is failed twice, the applicant will be required to take the full training course. Any failed test may be taken again within two weeks of the first test. A second failed test will require the applicant to take the full Academy course.
1.78 Applicants who are retired military law enforcement, corrections officers, or probation & parole shall take the class Academy and submit to the MMPI/ or PAI.
1.78.1 At the discretion of the Board, for good cause shown, the class Academy may be waived.
1.89 If an applicant wishes to work for more than one agency, they must submit an application and be approved by the Board for each agency. All other requirements do not need to be submitted as they are already on file in the Professional Licensing Section.
1.910 All applicants seeking a new commission as a constable shall be required to submit a $200.00 licensing fee.
1.101 All applicants seeking a commission renewal as a constable shall be required to submit a $100.00 renewal licensing fee and shall accompany each re-application thereafter.
1.112 All commissions will expire on December 31st, two years from the year the commission was first issued. Any commissions needing to be adjusted will be charged a pro-rated fee.
2.2 The Director of the Professional Licensing Section may issue an emergency suspension of any individual issued a commission, under 10 Del.C. Ch. 27, who has been arrested where that arrest could result in the conviction of any misdemeanor or felony that violates the Chapter or the promulgated Rules and Regulations.
3.1 For the purposes of 10 Del.C. Ch. 27, the Director of the Professional Licensing Section may deny an application, suspend or revoke a commission if the applicant or commissioned individual has been convicted of a misdemeanor crime involving moral turpitude. A misdemeanor crime involving moral turpitude includes, but is not limited to, the following crimes in the Delaware Code (or similar crimes under the laws of other jurisdictions):
3.2 Anyone applying for commission under 10 Del.C. Ch. 27 shall not be issued a commission if they have any pending criminal charge(s) for any crimes listed in this Chapter.
3.3 The Director of the Professional Licensing Section may suspend anyone commissioned under 10 Del.C. Ch. 27 who has been arrested and that arrest could result in the conviction of any misdemeanor or felony as described in this Chapter.
5.1 Section 5.0 shall apply only to individuals licensed under 10 Del.C. Ch. 27, while such individuals are acting in the performance of their duties as a constable.
5.2 No individual licensed under 10 Del.C. Ch. 27 shall carry a firearm unless the that individual has first passed an approved firearms course of instruction and an initial qualification administered by an approved certified firearms instructor. The course of instruction shall include a minimum 40 hours of training. The Professional Licensing Section may waive the 40 hour training requirement depending upon the applicant's professional credentials, training and/or work experience (i.e. prior law enforcement). If waived, they must show proficiency and qualify a day and low light shoot with an approved firearms instructor. The initial qualification course may shall be used to fulfill one day and one low light requirement during the first year; however an additional day shoot must be completed at least 90 days after the date of initial certification, within the calendar year.
5.3 In order to open carry a firearm while in the performance of their duties, individuals licensed to carry a firearm under 10 Del.C. Ch. 27 must shoot a minimum of three qualifying shoots per calendar year, scheduled on at least two separate days, with a minimum 90 days between scheduled day shoots. Of these three, there will be one mandatory "low light" shoot and which may be combined with a day shoot. Two day shoots shall not be completed on the same date. These qualifying shoots will be administered by an approved firearms instructor.
5.3.1 An individual not meeting the minimum qualifications set forth in subsection 5.3 may be suspended from carrying a firearm while acting in the performance of their duties as a constable have their firearms license suspended until such time that they meet the minimum three qualifying shoots within the calendar year.
5.6 Under no circumstances will anyone under this Rule Section be allowed to carry any type of shotgun or rifle or any type of weapon that is not described herein.
5.10 All licenses/commissions are valid for a period of two years firearms licenses are valid for a period of one year, subject to proof of compliance of Section 5.0 by submission of shoot certification or re-certification forms to the Professional Licensing Section, by January 15th of each year for the previous calendar year.
5.11.1 An individual may not change weapons after September 30th, of the current calendar year, without prior approval of the Director of Professional Licensing, after submitting a request to the Professional Licensing Section. If approval is granted, the individual must be certified and submit certification of a day and lowlight qualification to the Professional Licensing Section prior to carrying the weapon.
5.112 Firearms Instructors providing instruction under Section 5.0:
5.11.1 Firearms instructors must be certified by the National Rifle Association, a law enforcement training and standards commission (i.e. C.O.P.T.), or another professional firearms training institution as a "certified firearms instructor".
5.112.2 Firearms instructors are restricted to teaching and qualifying individuals according to the type of firearm matching their certification. (For example, a certified handgun instructor may only instruct and qualify individuals with the handgun.)
5.112.3 All firearms instructors must be approved by the Professional Licensing Section before they are authorized to instruct or qualify licensed/commissioned individuals.
9.1 The Constable Academy, administered through Delaware Technical Community College (DTCC) Workforce Development and Community Education (WDCE), a Board approved facility, shall instruct applicants in the minimum training standards established by the Board. The Academy shall be a minimum of 180.5 hours and include, but is not limited to the following courses:
9.3 In-service training shall be completed every year through a Board approved facility. Odd years will be eight hours of classroom training through DTCC/WDCE instruction. Even years will be done by completing an on-line modular and test through DTCC/WDCE.
9.3.2 Failure to complete the in-service training every year shall be grounds for suspension or revocation of a current commission. Any commissioned individual not obtaining the in-service training for a given year by the last class offered shall be placed on emergency suspension immediately. Any training missed, or not completed, by a commissioned individual must be completed before the emergency suspension may be administratively lifted. On-line training must be made up on-line and classroom instruction must be made up in person in the classroom. Notwithstanding the foregoing, the Board may consider extenuating circumstances for reinstatement at its discretion.
Last Updated: December 31 1969 19:00:00.
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