53-6-211 - Suspension or revocation of certification -- Right to a hearing -- Grounds -- Notice to employer -- Reporting. - Utah Statutes

53-6-211. Suspension or revocation of certification -- Right to a hearing -- Grounds-- Notice to employer -- Reporting.
(1) The council has authority to suspend or revoke the certification of a peace officer, ifthe peace officer:
(a) willfully falsifies any information to obtain certification;
(b) has any physical or mental disability affecting the peace officer's ability to performduties;
(c) is addicted to alcohol or any controlled substance, unless the peace officer reports theaddiction to the employer and to the director as part of a departmental early intervention process;
(d) engages in conduct which is a state or federal criminal offense, but not including atraffic offense that is a class C misdemeanor or infraction;
(e) refuses to respond, or fails to respond truthfully, to questions after having been issueda warning issued based on Garrity v. New Jersey, 385 U.S. 493 (1967);
(f) engages in sexual conduct while on duty; or
(g) is dismissed from the armed forces of the Unites States under dishonorableconditions.
(2) The council may not suspend or revoke the certification of a peace officer for aviolation of a law enforcement agency's policies, general orders, or guidelines of operation thatdo not amount to a cause of action under Subsection (1).
(3) (a) The division is responsible for investigating officers who are alleged to haveengaged in conduct in violation of Subsection (1).
(b) The division shall initiate all adjudicative proceedings under this section by providingto the peace officer involved notice and an opportunity for a hearing before an administrative lawjudge.
(c) All adjudicative proceedings under this section are civil actions, notwithstandingwhether the issue in the adjudicative proceeding is a violation of statute that may be prosecutedcriminally.
(d) (i) The burden of proof on the division in an adjudicative proceeding under thissection is by clear and convincing evidence.
(ii) If a peace officer asserts an affirmative defense, the peace officer has the burden ofproof to establish the affirmative defense by a preponderance of the evidence.
(e) If the administrative law judge issues findings of fact and conclusions of law statingthere is sufficient evidence to demonstrate that the officer engaged in conduct that is in violationof Subsection (1), the division shall present the finding and conclusions issued by theadministrative law judge to the council.
(f) The division shall notify the chief, sheriff, or administrative officer of the policeagency which employs the involved peace officer of the investigation and shall provide anyinformation or comments concerning the peace officer received from that agency regarding thepeace officer to the council before a peace officer's certification may be suspended or revoked.
(g) If the administrative law judge finds that there is insufficient evidence to demonstratethat the officer is in violation of Subsection (1), the administrative law judge shall dismiss theadjudicative proceeding.
(4) (a) The council shall review the findings of fact and conclusions of law and theinformation concerning the peace officer provided by the officer's employing agency anddetermine whether to suspend or revoke the officer's certification.

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(b) A member of the council shall recuse him or herself from consideration of an issuethat is before the council if the council member:
(i) has a personal bias for or against the officer;
(ii) has a substantial pecuniary interest in the outcome of the proceeding and may gain orlose some benefit from the outcome; or
(iii) employs, supervises, or works for the same law enforcement agency as the officerwhose case is before the council.
(5) (a) Termination of a peace officer, whether voluntary or involuntary, does notpreclude suspension or revocation of a peace officer's certification by the council if the peaceofficer was terminated for any of the reasons under Subsection (1).
(b) Employment by another agency, or reinstatement of a peace officer by the originalemploying agency after termination by that agency, whether the termination was voluntary orinvoluntary, does not preclude suspension or revocation of a peace officer's certification by thecouncil if the peace officer was terminated for any of the reasons under Subsection (1).
(6) A chief, sheriff, or administrative officer of a law enforcement agency who is madeaware of an allegation against a peace officer employed by that agency that involves conduct inviolation of Subsection (1) shall investigate the allegation and report to the division if theallegation is found to be true.

Repealed and Re-enacted by Chapter 313, 2010 General Session