(1) This regulation is to assure that all law enforcement instructors certified by the POST advisory council possess minimum qualifications.

(2) This regulation shall apply only to the Montana law enforcement academy staff instructors and instructors who are providing courses of instruction at a law enforcement regional school certified by the POST advisory council.

(3) To qualify as a certified instructor, the person shall apply to the council, on a form approved by the POST advisory council, and shall meet the following requirements:

(a) Three years of law enforcement experience or experience in the specific field, subject matter or academic discipline to be taught;

(b) A bachelor's degree; a higher degree; or lacking an academic degree, applicant must have a minimum of a high school diploma or the GED equivalency stated in 7-32-303(2) (f) , MCA, and must have successfully completed a 40-hour minimum instructor development course approved by the POST council.

(c) Meet the requirements of 7-32-303(2) (a) , (5) (d) , and (5) (e) , MCA;

(d) Must have sincere interest, ability and desire to instruct law enforcement officers, as supported by a signed statement from the applicant's agency head or training school director;

(e) Submission of a sample lesson plan which includes a unit description and performance objectives;

(f) In those instances where the council deems the three years experience is not necessary or pertinent to the subject matter, the council may waive this requirement.

(4) The POST advisory council will certify approved instructors to instruct in those specific subjects for which the council has found them qualified. Each certified instructor shall be listed in an official register of the council, and each subject that each instructor is certified to teach shall be noted in said register. The register will be published annually.

(5) Any applicant for an instructor's certificate who is employed by a public law enforcement agency shall be endorsed by the agency head. If he is employed by the Montana law enforcement academy or within any POST certified regional training course, he shall be endorsed by the academy administrator.

(6) Instructor certificates shall be issued for periods of 24 months. At the end of a 24 month period, certificates may be renewed by the council if the instructor has participated in approved training programs during the period of the certificate, and:

(a) The council may request recommendations from persons acquainted with the proficiency of the instructor and request any evaluations made of the instructor;

(b) The council may request evidence of instructors keeping their proficiency current by studies or research;

(c) In order to determine an instructor's capabilities, each certified instructor shall, where practical, be monitored by a MLEA staff supervisor or by a person designated by the council to monitor instructors within 12 months following certification or after the instructor begins teaching.

(7) After four years of continuous certification instructors may, at the discretion of the council, be certified for four years.

(8) Records of courses not certified by the council but taught by certified instructors should be kept by the sponsoring agency. The records should show the course schedule, number of hours and subject matter the instructor taught. This is necessary, in part, to verify the experience of the certified instructors for certificate renewal.

(9) The council may deny applications for instructor certification for failure to satisfy the required qualifications and may revoke certificates at any time for good cause to ensure the quality of the training programs. In addition, any instructor who has not instructed during the 24 month period of certification shall be required to apply for original certification after that time or the council may deny a request to renew the certificate.

(10) In cases of renewal of certification, the council may, on written request by the instructor applicant, waive any of the requirements.

(11) Applications for instructor certification and renewal shall be investigated and reviewed by the council. Action on the application shall be made at the council's first regularly scheduled meeting following the council's investigation and review of the application.

(12) Whenever the council denies an application for certification, denies a renewal of certification or revokes an existing certification, the council will notify the applicant or holder within 15 days from the date of the council's action. Persons so notified will have 30 days from the date of receipt of notification to file with the council a written appeal of the denial or revocation. An informal hearing of the appeal will be held at the next regularly scheduled meeting of the council. If the council upholds the decision to deny or revoke, the applicant or holder has 30 days from the date of the informal hearing to appeal to the board of crime control for a formal hearing. During the period of the appeal, the certificate shall be suspended.

(13) No person shall act in the capacity of a certified instructor for the council or MLEA unless that person has been certified as an instructor by the council.

(14) Those persons who have been invited by the council or MLEA as guest instructors shall submit to the council a detailed resume, course outline and lesson plan for the body of instruction to be taught. This material shall be submitted at least 35 days prior to the commencement of the course. Such guest instructors are not required to be certified.

(15) Qualified secondary and post-secondary education instructors may be waived from the certified instructor requirements at the discretion of the council.