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).
