Montana Code Annotated 2015

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     44-4-403. Council duties -- determinations -- appeals. (1) The council shall:
     (a) establish basic and advanced qualification and training standards for employment;
     (b) conduct and approve training; and
     (c) provide for the certification or recertification of public safety officers and for the suspension or revocation of certification of public safety officers.
     (2) The council may waive or modify a qualification or training standard for good cause.
     (3) A person who has been denied certification or recertification or whose certification or recertification has been suspended or revoked is entitled to a contested case hearing before the council pursuant to Title 2, chapter 4, part 6, except that a decision by the council may be appealed to the board of crime control, as provided for in 44-4-301. A decision of the board of crime control is a final agency decision subject to judicial review.
     (4) The council is designated as a criminal justice agency within the meaning of 44-5-103 for the purpose of obtaining and retaining confidential criminal justice information, as defined in 44-5-103, regarding public safety officers in order to provide for the certification or recertification of a public safety officer and for the suspension or revocation of certification of a public safety officer. The council may not record or retain any confidential criminal justice information without complying with the provisions of the Montana Criminal Justice Information Act of 1979 provided for in Title 44, chapter 5.

     History: En. Sec. 4, Ch. 506, L. 2007; amd. Sec. 2, Ch. 196, L. 2015.

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