CHAPTER 2:05:01
MINIMUM STANDARDS
Section
2:05:01:01 Minimum standards for employment.
2:05:01:02 Felons to be rejected -- Misdemeanants to be reviewed.
2:05:01:02.01 Exception from prohibition on employment or certification.
2:05:01:02.02 Exception from prohibition on employment or certification for suspended imposition of sentence.
2:05:01:03 Notice of appointment of 911 telecommunicator.
2:05:01:04 Filing of fingerprints.
2:05:01:05 Discontinuance of employment of 911 telecommunicator.
2:05:01:06 Expiration of certification.
2:05:01:01. Minimum standards for employment. A person may be employed or certified as a 911 telecommunicator only if the person:
(1) Is a citizen of the United States;
(2) Is at least eighteen years of age at the 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 Law Enforcement Officers Standards and Training Commission;
(6) Is examined and certified, on forms prescribed by the commission, by a licensed physician, physician assistant, or nurse practitioner to be able to perform the duties of a 911 telecommunicator;
(7) Has been interviewed and hired by an agency that determines the person's general suitability for a 911 telecommunication service, based on personality, temperament, ability to communicate, and other characteristics reasonably necessary to perform the duties of a 911 telecommunicator;
(8) Has undergone a background investigation by the hiring agency that includes an inquiry into the person's driving history, criminal history, previous employment, personal references, credit reports, social media accounts, and law enforcement training records;
(9) Has not unlawfully used any prescribed drug, controlled substance, or marijuana within one year before the time of application for certification; and
(10) Has not:
(a) Had certification revoked;
(b) Consented to decertification;
(c) Had an application for certification refused;
(d) Committed an act in violation of § 2:05:03:01;
(e) Been dismissed from a basic telecommunication training program as a result of an act in violation of any basic academy handbook; or
(f) Been dismissed from a basic telecommunication training program due to an academic failure or skill failure.
Notwithstanding subdivision (10), the commission may upon application by the person declare that person eligible for employment or certification.
Source: 25 SDR 124, effective April 8, 1999; 28 SDR 150, effective May 2, 2002; 32 SDR 225, effective June 26, 2006; 42 SDR 101, effective January 12, 2016; 47 SDR 41, effective October 12, 2020; 47 SDR 130, effective June 6, 2021; 50 SDR 63, effective November 28, 2023.
General Authority: SDCL 34-45-26, 34-45-29.
Law Implemented: SDCL 34-45-26, 34-45-29(2)(3).
Source: 25 SDR 124, effective April 8, 1999; 27 SDR 63, effective January 2, 2001.
2:05:01:02.01. Exception from prohibition on employment or certification. Any person ineligible under § 2:05:01:02 to be hired or certified as a result of a conviction, may not be denied employment or certification as a result of that conviction if the person, based upon a proof of innocence, received a reprieve, commutation, or pardon. This section does not prohibit the consideration of a conviction or plea in determining moral character under subdivision 2:05:01:01(4).
Source: 27 SDR 63, effective January 2, 2001.
General Authority:SDCL 34-45-26, 34-45-29.
Law Implemented:SDCL 34-45-24.
02:05:01:02.02. Exception from prohibition on employment or certification for suspended impositions of sentence. Any person seeking certification as a 911 telecommunicator who has received an order pursuant to SDCL 23A-27-13, or the equivalent in another jurisdiction, for any offense punishable by imprisonment for more than one year, may be declared eligible upon application by the person to the Law Enforcement Officers Standards and Training Commission. Upon a showing that the ends of justice and the best interests of the public and the person seeking certification are met in certifying the person, the commission may declare the person eligible for employment or certification.
Source: 50 SDR 63, effective November 28, 2023.
General Authority: SDCL 34-45-26, 34-45-29.
Law Implemented: SDCL 34-45-26, 34-45-29(3).
(1) Law enforcement standards form – basic 911 application; and
(2) Two sets of the fingerprint cards required by subdivision 2:05:01:01(3).
Source: 25 SDR 124, effective April 8, 1999.
2:05:01:05. Discontinuance of employment of 911 telecommunicator. No temporary or probationary 911 telecommunicator may continue employment as a 911 telecommunicator after a showing that the 911 telecommunicator has violated any of the conditions of § 2:05:03:01 or has been dismissed from the basic 911 telecommunicator training program pursuant to § 2:05:02:10.
Applicants who have been rejected for certification, have falsified information, or have been dismissed from the basic 911 telecommunicator training program may, after one year, reapply to the Law Enforcement Officers Standards and Training Commission for certification if the reasons for rejection have been eliminated and a new application is submitted. The commission, upon application by the original appointing authority and a determination of good cause may allow one new certification application for the applicant from the original appointing authority prior to the expiration of one year.
Source: 25 SDR 124, effective April 8, 1999; 28 SDR 150, effective May 2, 2002; 31 SDR 94, effective January 4, 2005; 50 SDR 63, effective November 28, 2023.
General Authority: SDCL 34-45-26, 34-45-29.
Law Implemented: SDCL 34-45-24, 34-45-29(2)(3).
2:05:01:06. Expiration of certification. Certification expires on the last day of the twenty-fourth calendar month following separation from 911 telecommunicator employment. Upon application the Law Enforcement Officers Standards and Training Commission may waive any of the basic training program for recertification of a person whose certification has expired under this provision. The applicant must prove that the applicant remains capable of performing the duties of a 911 telecommunicator, notwithstanding the expiration of certification. Certification does not expire if a certified 911 telecommunicator, prior to the last day of the twenty-fourth calendar month following separation from 911 telecommunicator employment, becomes reemployed as a 911 telecommunicator by a local, state, or tribal public safety agency in South Dakota.
Source: 25 SDR 124, effective April 8, 1999; 31 SDR 94, effective January 4, 2005; 50 SDR 63, effective November 28, 2023.
General Authority: SDCL 34-45-26, 34-45-29.
Law Implemented: SDCL 34-45-24, 34-45-29(3).
CHAPTER 2:05:02
TRAINING PROGRAM
Section
2:05:02:01 Priority for training.
2:05:02:02 Temporary or probationary appointment.
2:05:02:02.01 Calculation of temporary or probationary appointment period.
2:05:02:02.02 Temporary or probationary period reset.
2:05:02:03 Reciprocity.
2:05:02:03.01 Refresher course, Repealed.
2:05:02:04 Certificate of qualification.
2:05:02:05 Approved basic training course.
2:05:02:06 Successful completion of training course.
2:05:02:07 Place of training.
2:05:02:08 Time course is conducted.
2:05:02:09 Student discipline during basic training course.
2:05:02:10 Dismissal.
2:05:02:11 Appeal.
2:05:02:12 Training program fees.
2:05:02:02. Temporary or probationary appointment. A person qualified under chapter 2:05:01 who has not completed the training program required by SDCL 34-45-24 may be appointed on a temporary or probationary basis as a noncertified 911 telecommunicator for a period not to exceed twelve cumulative months. In municipalities of the third class, the Law Enforcement Officers Standards and Training Commission may extend the one-year temporary or probationary period for an additional year if a written request has been received by the commission from the hiring agency prior to the expiration of the first year.
Source: 25 SDR 124, effective April 8, 1999; 50 SDR 63, effective November 28, 2023.
General Authority: SDCL 34-45-26, 34-45-29.
Law Implemented: SDCL 34-45-24, 34-45-29(3).
02:05:02:02.01. Calculation of temporary or probationary appointment period. The Law Enforcement Officers Standards and Training Commission shall count any time the 911 telecommunicator served as a noncertified 911 telecommunicator and subtract said time from the period authorized by § 2:05:02:02 to complete the training program required by SDCL 34-45-24. The commission will allow the 911 telecommunicator the remaining balance of time to complete the training program required by SDCL 34-45-24.
Source: 50 SDR 63, effective November 28, 2023.
General Authority: SDCL 34-45-26, 34-45-29.
Law Implemented: SDCL 34-45-24, 34-45-29(3).
02:05:02:02.02. Temporary or probationary period reset. Notwithstanding § 2:05:02:02.01, the Law Enforcement Officers Standards and Training Commission shall grant a person an additional twelve months to complete the training program required by SDCL 34-45-24 if said person:
(1) Separated from a public safety agency during the person's temporary or probationary period;
(2) Has not been employed as a noncertified 911 telecommunicator for three or more years from date of first appointment; and
(3) Is appointed to a South Dakota public safety agency.
Source: 50 SDR 63, effective November 28. 2023.
General Authority: SDCL 34-45-26, 34-45-29.
Law Implemented: SDCL 34-45-24, 34-45-29(3).
2:05:02:03. Reciprocity. The Law Enforcement Officers Standards and Training Commission may waive any part of the training required by SDCL 34-45-24 upon application requesting a waiver, and a showing that the applicant:
(1) Meets the minimum standards for certification set forth in § 2:05:01:01; and
(2) Has completed within two years prior to appointment a training program of equivalent content and quality in another jurisdiction, or has been continuously employed as a certified 911 telecommunicator in another jurisdiction since the date of the equivalent training.
The executive secretary of the commission shall administer a written test to the applicant to determine the applicant's competence. Upon successful completion of the test, the commission must issue the applicant a certificate as a certified 911 telecommunicator or notify the applicant of additional training to be completed before the applicant can be certified. Upon successful completion of the additional training, the commission must issue the applicant a certificate as a certified 911 telecommunicator.
Upon application, the commission may permit a person to undertake the reciprocity certification process outlined in this section if that person has, more than two years prior to appointment, completed a training program of equivalent content and quality in another jurisdiction. In determining whether to grant reciprocity eligibility, the commission shall consider in totality the person's 911 telecommunicator experience, training, and related substantiative experience. Prior to considering the application, the executive secretary shall conduct a review of the person's 911 telecommunicator experience, training and related substantiative experience and provide a recommendation to the commission.
Source: 25 SDR 124, effective April 8, 1999; 50 SDR 63, effective November 28, 2023.
General Authority: SDCL 34-45-26, 34-45-29.
Law Implemented: SDCL 34-45-24, 34-45-29(3).
2:05:02:03.01. Refresher course. Repealed.
Source: 28 SDR 150, effective May 2, 2002; 50 SDR 63, effective November 28, 2023.
2:05:02:04. Certificate of qualification. Upon successful completion of the training program required by SDCL 34-45-24, or the waiver of the training program under § 2:05:02:03, and upon receipt of a statement signed by the head of the hiring agency verifying compliance with chapter 2:05:01, the commission shall issue a certificate indicating that the telecommunicator is a certified South Dakota 911 telecommunicator.
Source: 25 SDR 124, effective April 8, 1999.
2:05:02:05. Approved basic training course. The commission shall approve a basic training course for certification as a 911 telecommunicator which consists of a curriculum of at least 80 hours of training and includes the following subject areas:
(1) Program administration;
(2) Communication skills;
(3) 911 telecommunicator practices and procedures;
(4) Legal aspects; and
(5) Human behavior.
Source: 25 SDR 124, effective April 8, 1999.
2:05:02:06. Successful completion of training course. An applicant, to successfully complete the training course, must receive a passing score on all written and skills examinations administered in connection with the course. The executive director, at the direction of the commission, shall establish rules of internal management setting forth the passing score for each examination. The executive secretary shall, prior to the commencement of the training course, notify applicants of the level of performance that constitutes a passing score for each examination. An applicant may retake the test within seven days of failing the test. An applicant may not take a test more than twice. The executive secretary may, for cause, allow an applicant to retake a test at other times.
Source: 25 SDR 124, effective April 8, 1999; 28 SDR 150, effective May 2, 2002.
2:05:02:09. Student discipline during basic training course. The executive secretary may enforce restrictions and rules of internal management as are necessary to maintain the orderly instruction of students and efficient operation of the school. Students must comply with such restrictions and rules as set forth by the executive secretary in the basic certification course student handbook, or such other specific directives as the executive secretary may issue.
Source: 25 SDR 124, effective April 8, 1999; 31 SDR 94, effective January 4, 2005.
2:05:02:10. Dismissal. The executive secretary of the Law Enforcement Officers Standards and Training Commission may dismiss from the school any person who violates any restrictions or regulation established by the executive secretary to administer or maintain order during the basic training course. The executive secretary may dismiss any person who engages in conduct that would be grounds for revocation or suspension of certification if the person was certified. The executive secretary may dismiss from the school any person who fails to meet academic or skills proficiency standards.
Source: 25 SDR 124, effective April 8, 1999; 50 SDR 63, effective November 28, 2023.
General Authority: SDCL 34-45-26, 34-45-29.
Law Implemented: SDCL 34-45-24, 34-45-29(2)(3).
CHAPTER 2:05:03
REVOCATION OF 911 TELECOMMUNICATOR CERTIFICATION
Section
2:05:03:01 Revocation of certification of 911 telecommunicator.
2:05:03:02 Moral turpitude.
2:05:03:03 Procedure for obtaining a complaint form and filing a complaint requesting revocation of certification of 911 telecommunicator.
2:05:03:04 Investigation and dismissal of complaint.
2:05:03:05 Hearing.
2:05:03:06 Burden of proof.
2:05:03:07 Application for reinstatement of certification.
2:05:03:08 Consent to decertification.
2:05:03:09 Conduct unbecoming of a 911 telecommunicator.
2:05:03:01. Revocation of certification of 911 telecommunicator. The commission may revoke the certification of a 911 telecommunicator who has been convicted of or received a suspended imposition of sentence for either a misdemeanor involving moral turpitude or a felony; has falsified any information required to obtain certification; has been discharged for cause from employment as a 911 telecommunicator; or has engaged in conduct unbecoming of a 911 telecommunicator.
Source: 25 SDR 124, effective April 8, 1999.
2:05:03:03. Procedure for obtaining a complaint form and filing a complaint requesting revocation of certification of a 911 telecommunicator. A person alleging a violation of this chapter may request, either orally or in writing, a complaint form from the executive secretary. Within ten days after receiving the request, the executive secretary shall provide that person a complaint form approved by the commission. The complaint form may be provided by mail or by directing the person to an online complaint form. The complaint shall identify the 911 telecommunicator and state the relevant facts known to the complainant. The complainant must sign and verify the complaint to be true to the best of the complainant's knowledge, information, and belief. The complaint shall be filed with the executive secretary.
Source: 25 SDR 124, effective April 8, 1999; 47 SDR 130, effective June 6, 2021.
General Authority: SDCL 34-45-29.
Law Implemented: SDCL 34-45-29.
2:05:03:04. Investigation and dismissal of complaint. Upon the filing of a complaint, the executive secretary shall conduct an investigation of the allegations in the complaint, in accordance with the commission's internal operating procedures for complaints against certified 911 telecommunicators. In conjunction with an investigation, the executive secretary may require the telecommunicator to undergo a psychological evaluation by a psychologist designated by the executive secretary to determine the telecommunicator's ability to perform the duties of a 911 telecommunicator. After the investigation is concluded, the executive secretary shall give notice of a contested case hearing or submit the complaint and any investigative report to a commission member. After examining the complaint and investigative report, the commission member must either request further investigation, direct the executive secretary to give notice of a contested case hearing or the commission member may dismiss the complaint if it appears that the grounds alleged in the complaint are frivolous, clearly unfounded in fact, or, in the opinion of the commission member, the appointing authority has adequately responded to allegations alleged in the complaint. If the commission member dismisses the complaint, such dismissal shall be reported to the commission at its next regularly scheduled meeting.
Source: 25 SDR 124, effective April 8, 1999; 47 SDR 130, effective June 6, 2021.
General Authority: SDCL 34-45-29.
Law Implemented: SDCL 34-45-29.
2:05:03:05. Hearing. The hearing on a complaint requesting the revocation or suspension of the certification of a 911 telecommunicator may be conducted, at the direction of the commission, by the full commission with the assistance of a hearing officer appointed by the chair of the commission, by a hearing officer when less than a majority of the commission members are present, or by the Office of Hearing Examiners when the commission assigns the contested case hearing to that office. The hearing shall be conducted pursuant to contested case procedure in SDCL chapter 1-26. The hearing shall be held in Pierre unless the commission designates otherwise.
Source: 25 SDR 124, effective April 8, 1999.
2:05:03:06. Burden of proof. At a hearing on a complaint, the complainant has the burden of establishing grounds for the revocation or suspension through proof by clear and convincing evidence.
Source: 25 SDR 124, effective April 8, 1999; 31 SDR 94, effective January 4, 2005; 47 SDR 130, effective June 6, 2021.
General Authority: SDCL 34-45-29.
Law Implemented: SDCL 34-45-29.
2:05:03:07. Application for reinstatement of certification. A person whose certification as a 911 telecommunicator has been revoked may, after one year, apply to the commission for reinstatement of certification.
Source: 25 SDR 124, effective April 8, 1999.
2:05:03:08. Consent to decertification. A certified 911 telecommunicator who is subject to an investigation or pending action involving allegations of misconduct may consent to decertification. A certified 911 telecommunicator who consents to decertification may, after one year, apply to the commission for reinstatement of certification.
Source: 25 SDR 124, effective April 8, 1999.
2:05:03:09. Conduct unbecoming of a 911 telecommunicator. For the purpose of this chapter, the phrase "conduct unbecoming of a 911 telecommunicator," means the following:
(1) Conduct contrary to professional standards that shows an unfitness to discharge duties, including an act of moral turpitude;
(2) Conduct which adversely affects morale or efficiency of the agency or damages public confidence;
(3) Failure to cooperate with the executive secretary or the commission regarding any investigation into the conduct of a 911 telecommunicator, unless the investigation subjects the telecommunicator to potential criminal liability;
(4) Failure to disclose to the executive secretary any arrest of the 911 telecommunicator within ten days of the arrest; disclosure to the executive secretary may be accomplished by the telecommunicator's agency administrator;
(5) Use or possession of marijuana or any marijuana derivative regardless of whether such use or possession may be legal under state law or pursuant to a valid prescription; or
(6) Use or possession of any controlled substance not obtained pursuant to a valid prescription.
Source: 25 SDR 124, effective April 8, 1999; 47 SDR 130, effective June 6, 2021.
General Authority: SDCL 34-45-26, 34-45-29.
Law Implemented: SDCL 34-45-26, 34-45-29.
