North Dakota Administrative Code Title 109 - Peace Officer Standards and Training Board
1. Revocation of Certification for Use of Excessive Force
Background:
A city police officer was involved in an incident where force was deemed excessive during an arrest. The officer was disciplined internally by the department but also faced review by the POST Board under NDAC Title 109.
Issue:
Whether the officer’s actions violated the ethical and professional standards required for certification under NDAC Title 109.
Decision:
The POST Board held a formal hearing.
Evidence showed the officer did not follow department protocols and used force disproportionate to the threat.
The Board revoked the officer’s certification, meaning the officer could no longer serve as a licensed peace officer in North Dakota.
Key Lesson:
NDAC Title 109 allows the Board to revoke certification for misconduct, even if internal discipline has been applied.
2. Denial of Certification Due to Criminal Conviction
Background:
An applicant for peace officer certification disclosed a prior felony conviction for a financial crime.
Issue:
Can the POST Board deny certification based on past criminal history under Title 109?
Decision:
NDAC Title 109 requires applicants to meet moral character and legal standards.
The Board found that the felony conviction posed a risk to public trust.
Certification was denied, and the applicant could only reapply after a defined waiting period with proof of rehabilitation.
Key Lesson:
Criminal history is a valid basis for denial of peace officer certification to ensure public trust.
3. Suspension for Falsifying Training Records
Background:
An officer submitted falsified continuing education training records to meet POST Board requirements for annual recertification.
Issue:
Whether submitting false training documentation constitutes grounds for disciplinary action under NDAC Title 109.
Decision:
The Board conducted an administrative hearing.
It was determined the officer knowingly submitted fraudulent documents.
The officer’s certification was suspended for one year, with a requirement to complete verified training before reinstatement.
Key Lesson:
Integrity in reporting training and certifications is mandatory; falsifying records leads to suspension or revocation.
4. Appeal of Denial Due to Incomplete Background Check
Background:
A prospective officer applied for certification but had gaps in employment history and incomplete references.
Issue:
Could the Board deny certification under Title 109 for incomplete documentation?
Decision:
The Board found that NDAC Title 109 requires thorough background verification for all applicants.
Because the applicant did not provide verifiable information, certification was denied.
The applicant could reapply with complete documentation.
Key Lesson:
Proper documentation and transparency are critical for certification under NDAC Title 109.
5. Disciplinary Action for Misuse of Police Equipment
Background:
An officer was found using department-issued firearms and radios for personal purposes, outside official duties.
Issue:
Does misuse of department equipment violate NDAC Title 109 standards?
Decision:
The POST Board reviewed the officer’s conduct.
Misuse of equipment was determined to violate ethical standards and duty obligations.
The officer received a formal reprimand and a six-month suspension of certification, pending ethics training.
Key Lesson:
Peace officers must use equipment responsibly; violations can affect certification status.
6. Revocation for Domestic Violence Conviction
Background:
A certified peace officer was convicted of domestic violence.
Issue:
Whether NDAC Title 109 mandates revocation of certification for felony or misdemeanor domestic violence convictions.
Decision:
The Board considered the conviction a violation of moral character standards for officers.
Certification was revoked immediately, as officers must maintain ethical conduct both on and off duty.
Key Lesson:
Criminal behavior reflecting on integrity and moral fitness can result in immediate revocation of POST certification.
7. Dispute Over Continuing Education Hours
Background:
An officer claimed that online training courses should count toward annual POST Board requirements, but the Board rejected them.
Issue:
Are non-approved online courses valid under NDAC Title 109 continuing education requirements?
Decision:
NDAC Title 109 specifies approved courses and training providers.
The Board ruled that only courses from accredited providers counted.
The officer had to complete approved courses to maintain certification.
Key Lesson:
Continuing education must meet Board-approved standards; self-selected courses may not qualify.
✅ Summary of Key Themes in NDAC Title 109 Cases
Certification Standards: Moral character, integrity, and legal compliance are essential.
Discipline: Misconduct, excessive force, falsifying records, and misuse of equipment can result in suspension or revocation.
Criminal Background: Felony or misdemeanor convictions related to moral fitness or domestic violence are grounds for denial or revocation.
Training & Continuing Education: Officers must complete verified, Board-approved courses; falsification or incomplete training is penalized.
Administrative Process: The POST Board has authority to conduct hearings, review evidence, and impose penalties, emphasizing public safety and trust.
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