The Criminal Justice Standards and Training Commission hereby gives notice:
That on May 19, 2011, the Criminal Justice Standards and Training Commission has issued an order.
On April 19, 2011, the Criminal Justice Standards and Training Commission, received a petition for a permanent waiver of paragraph 11B-35.001(9)(b), F.A.C., by Daniel Hauck. Paragraph 11B-35.001(9)(b), F.A.C., requires officers to achieve a passing score of 80% in Commission-approved Advanced and Specified Specialized Training Program courses. Notice of receipt of the petition was published in the Florida Administrative Weekly Vol. 37, No. 20 on May 20, 2011.
On May 19, 2011, at its regularly scheduled business agenda meeting held in Ocala, Florida, the Commission found that the Petitioner’s situation is unique. The Petitioner demonstrated that the strict application of the Commission's rules in this case would violate the principles of fairness. The Petitioner had, in fact, achieved a passing score under the old rule which was changed during the time the Petitioner was enrolled in the course at issue. This scenario is unlikely to be repeatable for officers subject to the operation of this rule because there are very few courses that were in progress at the exact time the rule regulating passing scores was changed. The Commission found that the purposes of the underlying statute, to ensure that officers receive adequate and timely retraining, will be met by granting this waiver request. The Commission granted the Petitioner's waiver.
A copy of the Order or additional information may be obtained by contacting:
Grace A. Jaye, Assistant General Counsel, Florida Department of Law Enforcement, P. O. Box 1489, Tallahassee, FL 32327 or by telephoning (850)410-7676.