2:01:02:01.  Minimum standards for employment. A person may be employed or certified as a law enforcement officer only if the person meets the following requirements:

 

          (1)  Is a citizen of the United States;

 

          (2)  Is at least 21 years of age at time of appointment;

 

          (3)  Has fingerprints taken by a qualified law enforcement officer;

 

          (4)  Is of good moral character;

 

          (5)  Is a graduate of an accredited high school or has a high school equivalency certificate acceptable to the commission;

 

          (6)  Is examined by a licensed physician, physician assistant, or nurse practitioner who certifies, on forms prescribed by the commission, that the applicant is able to perform the duties of a law enforcement officer;

 

          (7)  Is interviewed in person by the hiring agency or its designated representative before employment. The interview must include questions to determine the applicant's general suitability for law enforcement service, appearance, personality, temperament, ability to communicate, and other characteristics reasonably necessary to the performance of the duties of a law enforcement officer;

 

          (8)  Takes the oath of office as required by SDCL 9-14-7 or 3-1-5. The oath may be taken before the nearest available judge of a court of record;

 

          (9)  Has not unlawfully used any prescribed drug, controlled substance, or marijuana within one year before the time of application for certification;

 

          (10)  Is eligible to reapply for certification, if the person has for any reason failed to successfully complete the basic law enforcement training program;

 

          (11)  Has not had his certification revoked, voluntarily surrendered certification, had an application for certification refused, or been dismissed from the basic training program, unless the commission upon application declares the person eligible for employment or certification; and

 

          (12)  Has not become ineligible for employment or certification as a law enforcement officer, as a result of any proceedings involving any revocation, suspension, surrender of, or resignation or dismissal from certification, employment, or training, unless the commission, upon application, declares the person eligible for employment or certification in South Dakota.

 

          Source: SL 1975, ch 16, ยง 1; 2 SDR 37, effective November 20, 1975; 8 SDR 82, effective January 13, 1982; 11 SDR 135, effective April 14, 1985; 12 SDR 1, effective July 17, 1985; 14 SDR 81, effective December 6, 1987; 25 SDR 34, effective September 16, 1998; 28 SDR 150, effective May 2, 2002; 32 SDR 225, effective June 26, 2006; 42 SDR 19, effective August 13, 2015.

          General Authority: SDCL 23-3-35(2).

          Law Implemented: SDCL 23-3-35(2), 23-3-42.