Title of Regulation: 6VAC20-60. Rules Relating to Compulsory Minimum Training Standards for Dispatchers (amending 6VAC20-60-10 through 6VAC20-60-90).

Statutory Authority: § 9.1-102 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: July 28, 2017.

Agency Contact: Barbara Peterson-Wilson, Law Enforcement Program Coordinator, Department of Criminal Justice Services, 1100 Bank Street, Richmond, VA 23219, telephone (804) 225-4503, FAX (804) 786-0410, or email barbara.peterson-wilson@dcjs.virginia.gov.

Basis: Pursuant to § 9.1-102 of the Code of Virginia, the Department of Criminal Justice Services (DCJS) and the Criminal Justice Services Board are authorized to adopt regulations to administer the regulatory program and establish compulsory minimum training standards for all dispatchers employed by or in any local or state government agency, whose duties include the dispatching of law-enforcement personnel. Section 9.1-107 of the Code of Virginia charges the Director of DCJS with executive and administrative responsibility to carry out the specific duties imposed on DCJS under § 9.1-102.

Purpose: The Rules Relating to Compulsory Minimum Training Standards for Dispatchers identifies the categories of training for compulsory minimum training standards for dispatchers along with the information regarding training schools and the timeline for completing training, grading, and recordkeeping requirements. Dispatchers are often the first responders to emergency situations. Dispatchers must quickly assess the information provided by an individual contacting 911 and dispatch the appropriate resources while calming victims, gathering additional details to relay to law enforcement, or by providing lifesaving instructions for cardiopulmonary resuscitation or the Heimlich maneuver. This regulation protects the health, welfare, and safety of citizens and first responders by ensuring dispatchers who are employed by or in a local or state government agency whose duties include dispatching of law-enforcement personnel receive adequate training.

Substance:

6VAC20-60-10. Definitions.

• Revise the definition of certified training academy.

• Add term and definition for Committee on Training.

• Remove the term and definition for "VCIN/NCIC" because it is not used within the regulation.

• Remove term "emergency medical dispatcher training" because it is not used within the regulation.

6VAC20-60-20. Compulsory minimum training standards.

• Headings identifying academy training versus on-the-job training have been included.

6VAC20-60-25. Approval authority.

• Changes made by the Committee on Training will become effective 30 days after publication rather than 30 days after notice of publication.

6VAC20-60-30. Applicability.

• A technical change removes the reference to the "chapter" in subsection A and replaces it with a reference to the "section."

6VAC20-60-40. Time requirement for completion of training.

• Language referencing the chief of police and sheriff is removed as it is redundant. Agency administrator is defined as any chief of police, sheriff, or agency head of a state or local law-enforcement agency or non-law-enforcement head of a communications center.

• Language is added to ensure a dispatcher is required to complete minimum training prior to resuming job duties if granted an extension for any reason.

6VAC20-60-50. Compliance with compulsory minimum training standards.

• An inaccurate Administrative Code citation is removed.

• All of the language in subsection C regarding a transition period commencing in January 2002 is removed because it is no longer relevant.

6VAC20-60-60. Approved training schools.

• The section name is changed to "Approved training and certified academies."

• Language regarding training, curriculum, and lesson plans has been removed from subsection A and placed in new subsection E.

• Redundant language has been removed from this section.

• Language citing the relevant portions of § 15.-2-1747 of Code of Virginia have been added.

• Language has been added that provides DCJS the ability to suspend or revoke the approval of a previously sanctioned training. Currently DCJS only has the authority to suspend or revoke the certification of an academy.

• Academies have been given 15 business days to respond to suspension or revocation. Academies previously had 15 calendar days.

• Language has been added to require an appeal to the board be in writing and within 15 business days. Adding this language makes the process consistent with the process for requesting an appeal before the director.

6VAC20-60-70 Grading.

• Language has been added to require minimum score of 70% on all tests and to permit the certified training academy to require a score higher than 70%.

• Language referencing records management is removed because it is already in the section on administrative requirements.

• Language requiring individuals who fail to complete the performance outcome or will be required to attend the subject in a subsequent dispatcher training school has been removed. The language in subsection A allows for testing and retesting. Dispatcher academies are held infrequently, and in practice an individual is not required to attend the academy a second time for a particular subject. Instead they are retested. Additionally, references to the dated term "training school" have been or are in the process of being removed from all DCJS regulations.

6VAC20-60-80 Failure to comply with rules and regulations.

• Language is removed that required the director of DCJS receive notification of an expulsion.

• Language is added requiring compliance with board rules and rules within the authority of the academy director.

6VAC20-60-90 Administrative requirements.

• The academy director shall complete a report using the department's electronic records management system for compulsory minimum training standards and in-service training within 60 days of completion of compulsory training conducted at the certified training academy. Current language allows 30 days for submission.

Issues: The primary advantages of this regulation are ensuring that dispatchers who are employed by or in a local or state government agency whose duties include dispatching of law-enforcement personnel receive adequate training. Dispatchers are often the first responders to emergency situations and ensuring proper training serves to protect the lives of those experiencing medical emergencies, victims, and first responders.

There are no disadvantages to the public or the Commonwealth.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Criminal Justice Services Board (Board) proposes to amend its regulation that governs training for dispatchers¹ to 1) update definitions and other regulatory text to make the regulation easier to read and understand, 2) specify that all dispatchers who receive a time requirement extension must complete their training before they take on or resume their job duties, 3) allow the Department of Criminal Justice Services (DCJS) the authority to suspend specific training modules and suspend training academies that are not meeting standards and 4) set a minimum passing score of seventy percent on all training standard tests.

Result of Analysis. Benefits likely outweigh costs for all proposed changes.

Estimated Economic Impact. Most of the regulatory changes proposed by the Board do not change any substantive requirement or duty for any entity but, instead, are aimed at making the regulatory text easier to read and understand. Changes to the definitions in the regulation, as well as language that directs interested parties to the dispatchers' training manual on DCJS's website, fall into this category of change. No affected entity is likely to incur costs on account of changes such as these. To the extent that the current regulation contains outdated definitions, or might be otherwise confusing or opaque, these changes will benefit readers by making the regulation more easily understood.

In addition to these clarifying changes, the Board proposes three substantive changes to this regulation.

Current regulation requires that dispatchers complete their training within 24 months of the date they are appointed as a dispatcher but also contains a list of valid reasons for which they may receive an extension of that time limit. Valid reasons for receiving an extension include: a) illness, b) injury, c) military service, d) special duty assignment required and performed in the public interest, e) administrative leave for worker's compensation, disability retirement issues or suspension pending investigation or adjudication of a crime and f) any other specific reason documented by the agency administrator.² Current regulation specifies that individuals granted an extension under a) through e) must complete their training before resuming their duties but f) was inadvertently excluded. The Board now proposes to also require that individuals granted an extension under f) must also complete their training before resuming their duties.

Board staff reports that the Board is making this change to make the process for all extensions consistent. Board staff also reports that they have no specific information that would indicate that state and local agencies are not already requiring individuals granted an extension under f) to complete training before resuming their duties. If any agency has been treating extensions received under f) as an exemption to the general rule, this proposed change would likely result in delays in returning dispatchers to their duties after the reason for the extension has resolved itself. Regulated entities will benefit from this change as it will allow them greater clarity as to what training needs to happen and when. The public will also benefit as this change will help ensure that dispatchers get their required training in a more timely fashion. Benefits likely exceed costs for this proposed change.

Current regulation allows DCJS to suspend or revoke approval of any training academy that is noncompliant or deficient but only allows DCJS the power to suspend or revoke approval for the whole academy. The Board now proposes to also allow DCJS to also just suspend or revoke individual training modules. Board staff reports that from time to time law changes, court decisions or changes in best practices will make the curriculum of individual training modules obsolete or even erroneous. Right now, DCJS has no way to address this other than to suspend or revoke approval for the entire training academy if it is teaching such a module. Board staff reports that the Board is proposing this change so that DCJS can address problematic training within an academy without adversely affecting the whole academy. This change will benefit academies by limiting suspension and revocations of their operations to only cover specific deficiencies. This change will also benefit dispatcher trainees as it will better forestall obsolete or erroneous training they might receive without impeding their ability to be trained in a timely fashion at all. Benefits likely exceed costs for this proposed change.

Current regulation requires that necessary training be satisfactorily completed but currently does not specify the tests scores that would constitute satisfactory completion. Board staff reports that individual training academies currently set minimum scores. Board staff further reports that DCJS does not know what those minimum scores are and that minimum scores may vary from academy to academy. The Board now proposes to require a minimum score of seventy percent on all tests but also allow academies to require higher passing scores. This change will likely have no effect on training academies that currently require scores of seventy percent or higher for their attendees. If any academies currently allow passing scores below seventy percent, some attendees may have to remediate their knowledge in classes that they failed and retake their tests. Student dispatchers, their employees, and the public will likely benefit, however, from standardizing minimum scores so that dispatchers are competent to complete their job tasks.

Businesses and Entities Affected. These proposed regulatory changes will affect training academies, dispatchers and their employer agencies. Board staff reports that there are approximately 39 training academies, 43 communications centers, and 372 law-enforcement agencies in the Commonwealth.

Localities Particularly Affected. No locality should be particularly affected by these proposed regulatory changes.

Projected Impact on Employment. These proposed regulatory changes are unlikely to significantly affect employment in the Commonwealth.

Effects on the Use and Value of Private Property. These proposed regulatory changes are unlikely to affect the use or value of private property in the Commonwealth.

Real Estate Development Costs. These proposed regulatory changes are unlikely to affect real estate development costs in the Commonwealth.

Small Businesses:

Definition. Pursuant to § 2.2-4007.04 of the Code of Virginia, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

Costs and Other Effects. These proposed regulatory changes are unlikely to affect any small business in the Commonwealth.

Alternative Method that Minimizes Adverse Impact. No small businesses will be adversely affected by these proposed regulatory changes.

Adverse Impacts:

Businesses. Businesses in the Commonwealth are unlikely to experience any adverse impacts on account of this proposed regulation.

Localities. No localities are likely to incur costs on account of these proposed regulatory changes.

Other Entities. These proposed regulatory changes are unlikely to adversely affect other entities in the Commonwealth.

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¹ Dispatchers are individuals who work for any local or state government agency and whose duties include dispatching law-enforcement personnel.

² An agency administrator is "any chief of police, sheriff, or agency head of a state or local law-enforcement agency or non-law-enforcement head of a communications center."

Agency's Response to Economic Impact Analysis: The Department of Criminal Justice Services concurs generally with the economic impact analysis provided by the Department of Planning and Budget.

Summary:

The proposed amendments (i) specify that dispatchers who receive a time requirement extension must complete their training before resuming job duties; (ii) set a minimum passing score of 70% on all training standard tests and permit an academy to require a higher score; (iii) authorize the Department of Criminal Justice Services to suspend specific training modules and suspend training academies that are not meeting standards; (iv) require that an appeal to the board of the director's decision to suspend or revoke certification must be in writing and within 15 business days of the date of the decision; and (v) update definitions and clarify text.

6VAC20-60-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Academy director" means the chief administrative officer of a certified training academy.

"Agency administrator" means any chief of police, sheriff, or agency head of a state or local law-enforcement agency or nonlaw-enforcement non-law-enforcement head of a communications center.

"Board" means the Criminal Justice Services Board.

"Certified training academy" means a training facility in compliance with academy certification standards and operated by the state or local unit(s) unit of government for the purpose of providing instruction of compulsory minimum training standards training criminal justice personnel.

"Committee on Training" means the standing committee of the board that is charged with reviewing proposed changes to the standards, holding public hearings, and approving changes to the standards as needed.

"Compulsory minimum training standards" means the performance outcomes and minimum hours approved by the Criminal Justice Services Board.

"Curriculum Review Committee" or "CRC" means the committee consisting of the following nine individuals: two members of the committee shall represent regional criminal justice academies, two members of the committee shall represent independent criminal justice academies, one member shall represent the Department of State Police Training Academy, and four experienced communications personnel shall represent emergency communication functions. The Committee on Training shall appoint members of the Curriculum Review Committee.

"Department" means the Department of Criminal Justice Services.

"Director" means the chief administrative officer of the Department of Criminal Justice Services.

"Dispatcher" means any person employed by or in any local or state government agency either full full-time or part-time whose duties include the dispatching of law-enforcement personnel.

"Emergency medical dispatcher training" means training which meets or exceeds the training objectives as provided in Performance Outcome 1.6, which is set out in 6VAC20-60-100.

"Standard" means Performance Outcome, Training Objective, Criteria for Testing, and Lesson Plan Guide relating to compulsory minimum training for dispatchers and is found on the department's website.

"VCIN/NCIC training" means approved training as specified by the Virginia Department of State Police for dispatchers accessing Virginia Crime Information Network/National Crime Information Center information.

6VAC20-60-20. Compulsory minimum training standards.

A. Pursuant to the provisions of subdivision 10 of § 9.1-102 (10) of the Code of Virginia, the board establishes the categories of training as listed below as for the compulsory minimum training standards for dispatchers.

B. Academy training.

1. Category 1 - Communications.

2. Category 2 - Judgment.

3. Category 3 - Legal Issues.

4. Category 4 - Professionalism.

C. On-the-job training.

5. Category 5 - On-the-Job Training.

6VAC20-60-25. Approval authority.

A. The Criminal Justice Services Board shall be the approval authority for the training categories of the compulsory minimum training standards. Amendments to training categories shall be made in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

B. The Committee on Training of the Criminal Justice Services Board shall be the approval authority for the performance outcomes, training objectives, criteria, and lesson plan guides that support the performance outcomes. Performance outcomes, training objectives, criteria, and lesson plan guides supporting the compulsory minimum training standards may be added, deleted, or amended by the Committee on Training based upon written recommendation of a chief of police, sheriff, agency administrator, academy director, nonlaw-enforcement non-law-enforcement head of a communications center, or the Curriculum Review Committee.

Prior to approving changes to the performance outcomes, training objectives, criteria, or lesson plan guides, the Committee on Training shall conduct a public hearing. Sixty days prior to the public hearing, the proposed changes shall be distributed to all affected parties for the opportunity to comment. Notice of change of the performance outcomes, training objectives, criteria, and lesson plan guides shall be filed for publication in the Virginia Register of Regulations upon adoption, change, or deletion. The department shall notify each certified academy in writing of any new, revised, or deleted objectives. Such adoptions, changes, or deletions shall become effective 30 days after notice of publication in the Virginia Register.

6VAC20-60-30. Applicability.

A. All dispatchers employed by or in any local or state government agency whose duties include the dispatching of law-enforcement personnel and who were hired on or after July 1, 1988, must meet compulsory minimum training standards established at the time of their appointment, unless provided otherwise in accordance with subsection B of this chapter section.

B. The director may grant an exemption or partial exemption of the compulsory minimum training standards established herein in this chapter, in accordance with § 9.1-116 of the Code of Virginia.

6VAC20-60-40. Time requirement for completion of training.

A. Every dispatcher who is required to comply with the compulsory minimum training standards must satisfactorily complete the required training set forth in 6VAC20-60-20, within 24 months of the date of appointment as a dispatcher, unless provided otherwise in accordance with subsection B of this section.

B. The director may grant an extension of the time limit for completion of the compulsory minimum training standards under the following conditions:

1. The chief of police, sheriff, or agency administrator shall present written notification that the dispatcher was unable to complete the required training within the specified time limit due to:

a. Illness;

b. Injury;

c. Military service;

d. Special duty assignment required and performed in the public interest;

e. Administrative leave involving the determination of workers' compensation or disability retirement issues, or suspension pending investigation or adjudication of a crime; or

f. Any other reason documented by the agency administrator. Such reason must be specific and any approval granted approved extension shall not exceed 90 days.

2. Any extension granted under subdivision 1 e of this subsection shall require the dispatcher to complete compulsory minimum training prior to resuming job duties. Requests may be granted for periods not to exceed 12 months.

3. The agency administrator must request such extension prior to expiration of any time limit.

C. Any dispatcher having previously and successfully completed the compulsory minimum training standards who resigns and is reappointed within 24 months from departure will not be required to complete the academy training class.

6VAC20-60-50. Compliance with compulsory minimum training standards.

A. The compulsory minimum training standards shall be accomplished by satisfactory completion of the academy training objectives at a certified training academy and the successful completion of on-the-job training objectives as provided by 6VAC20-60-30 B 6VAC20-60-20.

B. Dispatchers attending compulsory minimum training at a certified training academy are required to attend all classes and should not be placed on duty or on call except in cases of emergency.

C. The Criminal Justice Services Board will provide a transition period for implementation of this chapter. The transition period shall begin January 1, 2002. During the transition period, certified training academies may conduct dispatcher entry-level training using the performance objectives within the "Rules Relating to Compulsory Minimum Training Standards for Dispatchers," effective January 1, 1994, or the performance outcomes and training objectives. Accordingly, any certified training academy may institute a curriculum transition by replacing existing performance objectives with the revised performance outcomes and training objectives. Effective January 1, 2003, all entry-level training programs shall meet the requirements of 6VAC20-60-100.

6VAC20-60-60. Approved training schools and certified academies.

A. Dispatcher classroom training may only be provided by a certified training academy. The certified training academy shall submit to the department the curriculum and other information as designated, within time limitations established by the department.

B. Each academy director will be required to maintain a file of all current lesson plans and supporting materials for each subject contained in the compulsory minimum training standards.

C. A certified A certified training academy is shall be subject to inspection and review by the director or staff.

D. B. To become a certified academy, a state or local unit of government must demonstrate a need that contains the following elements:

1. The inability to obtain adequate training from existing academies or a sufficient hardship that renders the use of other existing academies impractical.

2. Based upon a training needs assessment, a sufficient number of officers to warrant the establishment of a full-time training function for a minimum of five years.

E. C. In addition to the requirements in subsection B of this section, the state or local unit of government must make the following commitments:

1. The provision of a full range of training to include entry-level training and specialized training.

2. The assignment of one position with primary responsibility as academy director and one clerical position to support training and training related functions and instructor certification.

3. The maintenance of a training facility adequate to conduct training in accordance with academy certification standards.

4. The commitment of sufficient funding to adequately support the training function.

F. D. Process.

1. The state or local governmental unit shall submit a justification to the Committee on Training as described in subsection D B of this section. The Committee on Training shall review the justification and make a recommendation to the department as to whether the establishment of an academy is warranted.

2. If the Committee on Training recommends the establishment of the proposed academy, the department shall make a determination as to whether the establishment of the academy is warranted.

3. If the establishment of the a regional academy is approved by the department, the governing bodies, political subdivisions, or public bodies of the proposed academy must successfully complete the academy certification process and be in compliance with all the provisions of § 15.2-1747 of the Code of Virginia.

4. If the establishment of an independently operated academy is approved by the department, the governing bodies, political subdivisions, or public bodies of the proposed academy must successfully complete the academy certification process and be in compliance with the provisions of § 15.2-1747 D of the Code of Virginia.

G. E. Dispatcher classroom training may only be provided by a certified training academy. The certified training academy shall submit to the department its curriculum and other information as designated within time limitations established by the department. Trainings may be approved that on the basis of curricula, instructors, facilities, and examinations provide the required minimum training. A curriculum listing performance objective by number, the instructors, dates, and times for the proposed session shall be submitted to the department within the time limitations established by the department. An exemption to the established time limitations may be granted by the director for good cause shown by the academy director.

H. F. Each academy director shall maintain a file of all current lesson plans and supporting material for training objectives, and shall provide this information to the director upon request.

I. A certified training academy is subject to inspection and review by the director or his staff.

J. G. The department may suspend or revoke the approval of previously sanctioned training upon written notice, which shall contain the reason or reasons upon which the suspension or revocation is based, to the academy's director. The academy director may request a hearing before the director or his designee. The request shall be in writing and must be received by the department within 15 business days of the date of the notice of the suspension or revocation. The academy director may appeal the decision of the director or his designee to the board. Such request shall be in writing and must be received by the board within 15 business days of the date of the decision of the director or his designee.

H. The department may suspend or revoke the certification of any certified training academy upon written notice, which shall contain the reason or reasons upon which the suspension or revocation is based, to the academy's director. The academy's director may request a hearing before the director. The request shall be in writing and shall be received by the department within 15 business days of the date of the notice of the suspension or revocation. The academy's director may appeal the director's decision to the board. Such request shall be in writing and must be received by the board within 15 business days of the date of the decision of the director or his designee.

6VAC20-60-70. Grading.

A. Dispatchers shall comply with all the requirements of this chapter. All certified training academies shall utilize testing procedures that indicate that every dispatcher has satisfactorily completed the criteria in each training objective approved by the Committee on Training of the Criminal Justice Services Board. A dispatcher may be tested and retested as may be necessary within the time limits of 6VAC20-60-40 and in accordance with each academy's written policy. prior to completion of the certified training academy attained a minimum score of 70% on all tests for each grading category identified in 6VAC20-60-20 to complete compulsory minimum training standards. A certified training academy may require dispatchers attain a score greater than 70% on a test. A dispatcher may be retested within the time limits of 6VAC20-60-40 and in accordance with each academy's written policy.

B. Certified training academies shall maintain accurate records of all tests, grades and testing procedures. Academy training records must be maintained in accordance with the provisions of this chapter and §§ 42.1-76 through 42.1-91 of the Code of Virginia.

C. Every individual attending compulsory minimum training shall satisfactorily complete each required performance outcome, training objective, and criteria, and any optional job related subject performance requirements, where applicable. Any individual who fails to satisfactorily complete any performance outcomes or objectives in any subject will be required to attend that subject in a subsequent approved dispatcher training school and satisfactorily complete the required performance objective or objectives.

B. A dispatcher shall not be certified as having complied with the compulsory minimum training standards unless all applicable requirements have been met.

6VAC20-60-80. Failure to comply with rules and regulations.

Any individual attending a certified training academy shall comply with the rules and regulations promulgated by the board, rules of the department, and rules within the authority of the academy director. The academy director shall be responsible for enforcement of all rules and regulations established to govern the conduct of attendees. If the academy director considers a violation of the rules and regulations detrimental to the welfare of the academy, the academy director may expel the individual from the certified training academy. Notification of such action shall immediately be reported, in writing, to the agency administrator of the dispatcher and the director.

6VAC20-60-90. Administrative requirements.

A. Reports will be required from the agency administrator and academy director on forms approved or provided by the department and at such times as designated by the director. The academy director shall complete a report using the department's electronic records management system for compulsory minimum standards and in-service training within 60 days of completion of compulsory training conducted at the certified training academy.

B. The agency administrator shall, within the time requirement set forth in subsection A of 6VAC20-60-40, forward a properly executed on-the-job training form to the department for each dispatcher.

C. The academy director shall, within 30 days upon completion of the dispatcher training:

1. Submit to the department a roster containing the names of those dispatchers who have satisfactorily completed the compulsory minimum training standards.

2. Submit to the department the final revised curriculum with, if applicable, and the training objectives and instructor names listed.

D. The academy director shall furnish each instructor with a complete set of course resumes and the applicable performance based training and testing objectives for the assigned subject matter.

E. Each certified training academy shall maintain accurate records of all tests, grades, and testing procedures. Dispatcher training records shall be maintained in accordance with the provisions of these regulations this chapter and §§ 42.1-67 through 42.1-91 of the Virginia Public Records Act (§ 42.1-76 et seq. the Code of Virginia).

FORMS (6VAC20-60)

Application for Exemption From Virginia Compulsory Minimum Training Standards, Form W-2, rev. 04/10.

On the Job Training Dispatchers, Form D-1, rev. 09/02.