In addition to ARM 23.14.403 and 23.14.404 above, the following are required for the award of the basic certificate:

(1) Peace officers hired after the effective date of this regulation:

(a) shall have completed the probationary period prescribed by law but in no case have less than one year experience; and

(b) shall have completed the basic course or the equivalency as defined by the POST advisory council.

(2) Peace officers hired before the effective date of this regulation:

(a) shall have completed the probationary period prescribed by the employing agency and shall have served at least one year with the present employing agency;

(b) shall have completed the basic course at MLEA or an equivalency as defined by the POST advisory council; or

(c) all such officers have satisfied the requirements for the basic certificate by their experience and satisfactorily performing their duties as attested to by the head of the law enforcement agencies for which they are employed.

(3) Peace officers with out-of-state experience and training and peace officers formerly employed by the designated federal agencies specified in the Administrative Rules of Montana who do not have basic certification and are employed by Montana law enforcement agencies:

(a) shall have completed the probationary period prescribed by law but in no case have less than one year experience with the present employing agency.

(b) whose training is determined by the POST advisory council as equivalent to the basic course must successfully complete an equivalency test, approved by the council and administered by the Montana law enforcement academy, by achieving a cumulative score of 75% or more and successfully complete the legal equivalency school conducted by MLEA.   The council will require those who fail the equivalency test to successfully complete the basic course at MLEA.

(c) whose training is determined by the POST advisory council as not equivalent to the basic course must, within one year of initial appointment, successfully complete the basic course.

(d) shall have been employed as a peace officer for a minimum of one year prior to employment in Montana.

(4) All of the training and equivalency requirements for the basic certificate must be accomplished within one year of the initial appointment.