Previous certification in other states.

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80B.11F Previous certification in other states.

1. For purposes of this section, “serious misconduct” means improper or illegal actions taken by a law enforcement officer in connection with the officer’s official duties including but not limited to a conviction for a felony, fabrication of evidence, repeated use of excessive force, acceptance of a bribe, or the commission of fraud.

2. The council may adopt rules pursuant to chapter 17A to establish a process for the certification through examination of law enforcement officers who have been certified in another state.

3. Before beginning employment with an employing agency in this state, a law enforcement officer who has been certified in another state must submit a preliminary application for certification through examination to the council. The application shall be under oath and shall require the applicant to provide any information determined to be necessary by the council, including but not limited to an attestation by the applicant to any of the following:

a. Whether the applicant’s certification as a law enforcement officer has been revoked or suspended in another state.

b. Whether the applicant has pled guilty to or been convicted of a felony.

c. Whether the applicant has been discharged for serious misconduct from employment as a law enforcement officer.

d. Whether the applicant left, voluntarily quit, or has been laid off when the applicant knew or believed that disciplinary investigation or action was imminent or pending which could have resulted in the applicant being discharged for serious misconduct.

4. The council shall deny a preliminary application upon a finding that the applicant has done any of the following:

a. Been revoked as a certified law enforcement officer in another state.

b. Pled guilty to or been convicted of a felony.

c. Been discharged for serious misconduct from employment as a law enforcement officer.

d. Left, voluntarily quit, or been laid off when disciplinary investigation or action was imminent or pending which could have resulted in the applicant being discharged for serious misconduct, if the council determines that the applicant engaged in serious misconduct.

5. If the council denies a preliminary application for certification through examination, the applicant shall be prohibited from continued employment as a law enforcement officer in this state.

2020 Acts, ch 1037, §4

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