Okla. Stat. tit. 70, § 70-3311

A. There is hereby created a Council on Law Enforcement

Education and Training which shall be, and is hereby declared to be,

a governmental law enforcement agency of the State of Oklahoma, body

politic and corporate, with powers of government and with the

authority to exercise the rights, privileges and functions necessary

to ensure the professional training and continuing education of law

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enforcement officers in this state. These rights, privileges and

functions include, but are not limited to, those specified in

Sections 3311 through 3311.15 of this title and in the Oklahoma

Security Guard and Private Investigator Act and the Bail Enforcement

and Licensing Act. The Council shall be authorized to require

agency employees and the employees of agency contractors in

positions to have access to Oklahoma Peace Officer records, Oklahoma

Security Guard and Private Investigator records, Bail Enforcement

and Licensing Act records, to be subject to a criminal history

search by the Oklahoma State Bureau of Investigation, as well as be

fingerprinted for submission of the fingerprints through the

Oklahoma State Bureau of Investigation to the Federal Bureau of

Investigation for a national criminal history check. The Council

shall be the recipient of the results of the record check. In

accordance with Section 150.9 of Title 74 of the Oklahoma Statutes,

this includes a national criminal record with a finger print

analysis. The Council shall be composed of thirteen (13) members as

follows:

1. The Commissioner of the Department of Public Safety, or

designee;

2. The Director of the Oklahoma State Bureau of Narcotics and

Dangerous Drugs Control, or designee;

3. The Director of the Oklahoma State Bureau of Investigation,

or designee;

4. One member appointed by the Governor who shall be a law

enforcement administrator representing a tribal law enforcement

agency;

5. One member appointed by the Governor who shall be a chief of

police of a municipality with a population over one hundred thousand

(100,000), as determined by the latest Federal Decennial Census;

6. One member appointed by the Board of Directors of the

Oklahoma Sheriffs' Association who shall be a sheriff of a county

with a population under twenty-five thousand (25,000), as determined

by the latest Federal Decennial Census;

7. One member appointed by the Oklahoma Association of Chiefs

of Police who shall be a chief of police representing a municipality

with a population over ten thousand (10,000), as determined by the

latest Federal Decennial Census;

8. One member shall be appointed by the Board of Directors of

the Oklahoma Sheriffs' Association who shall be a sheriff of a

county with a population of twenty-five thousand (25,000) or more,

as determined by the latest Federal Decennial Census;

9. One member appointed by the Board of Directors of the

Fraternal Order of Police who shall have experience as a training

officer;

10. One member appointed by the Chancellor of Higher Education

who shall be a representative of East Central University;

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11. One member appointed by the Board of Directors of the

Oklahoma Sheriffs and Peace Officers Association who shall be a

full-time law enforcement officer in good standing with CLEET within

a county with a population under fifty thousand (50,000);

12. The President Pro Tempore of the Oklahoma State Senate

shall appoint one member from a list of three or more nominees

submitted by a statewide organization representing cities and towns

that is exempt from taxation under federal law and designated

pursuant to the provisions of the Internal Revenue Code, 26 U.S.C.,

Section 170(a); and

13. The Speaker of the Oklahoma House of Representatives shall

appoint one member from a list of three or more nominees submitted

by an organization that assists in the establishment of
by a statewide organization representing cities and towns

that is exempt from taxation under federal law and designated

pursuant to the provisions of the Internal Revenue Code, 26 U.S.C.,

Section 170(a); and

13. The Speaker of the Oklahoma House of Representatives shall

appoint one member from a list of three or more nominees submitted

by an organization that assists in the establishment of

accreditation standards and training programs for law enforcement

agencies throughout this state.

The Executive Director selected by the Council shall be an ex

officio member of the Council and shall act as Secretary. The

Council on Law Enforcement Education and Training shall select a

chair and vice-chair from among its members. Members of the Council

on Law Enforcement Education and Training shall not receive a salary

for duties performed as members of the Council, but shall be

reimbursed for their actual and necessary expenses incurred in the

performance of Council duties pursuant to the provisions of the

State Travel Reimbursement Act.

B. The Council on Law Enforcement Education and Training is

hereby authorized and directed to:

1. Appoint a larger Advisory Council to discuss problems and

hear recommendations concerning necessary research, minimum

standards, educational needs, and other matters imperative to

upgrading Oklahoma law enforcement to professional status;

2. Promulgate rules with respect to such matters as

certification, revocation, suspension, withdrawal and reinstatement

of certification, minimum courses of study, testing and test scores,

attendance requirements, equipment and facilities, minimum

qualifications for instructors, minimum standards for basic and

advanced in-service courses, and seminars for Oklahoma police and

peace officers;

3. Authorize research, basic and advanced courses, and seminars

to assist in program planning directly and through subcommittees;

4. Authorize additional staff and services necessary for

program expansion;

5. Recommend legislation necessary to upgrade Oklahoma law

enforcement to professional status;

6. Establish policies and regulations concerning the number,

geographic and police unit distribution, and admission requirements

of those receiving tuition or scholarship aid available through the

Council. Such waiver of costs shall be limited to duly appointed

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members of legally constituted local, county, and state law

enforcement agencies on the basis of educational and financial need;

7. Appoint an Executive Director to direct the staff, inform

the Council of compliance with the provisions of this section and

perform such other duties imposed on the Council by law. An

Executive Director appointed by the Council must qualify for the

position with a bachelor or higher degree in law enforcement from an

accredited college or university, or a bachelor or higher degree in

a law-enforcement-related subject area, and a minimum of five (5)

years of active law enforcement experience including, but not

limited to, responsibility for enforcement, investigation,

administration, training, or curriculum implementation.

The Executive Director of the Council on Law Enforcement

Education and Training may hire an Assistant Director to perform

such duties as directed by the Executive Director.

The Executive Director of the Council on Law Enforcement

Education and Training may commission CLEET staff as peace officers

for purposes consistent with the duties of CLEET as set out in state

law. The powers and duties conferred on the Executive Director or

any staff member appointed by the Executive Director as a peace

officer shall not limit the powers and duties of other peace

officers of this state or any political subdivision thereof. The

Executive Director or any staff member appointed by the Executive

Director as a peace officer may, upon request, assist any federal,
state

law. The powers and duties conferred on the Executive Director or

any staff member appointed by the Executive Director as a peace

officer shall not limit the powers and duties of other peace

officers of this state or any political subdivision thereof. The

Executive Director or any staff member appointed by the Executive

Director as a peace officer may, upon request, assist any federal,

state, county or municipal law enforcement agency;

8. Enter into contracts and agreements for the payment of

classroom space, food, and lodging expenses as may be necessary for

law enforcement officers attending any official course of

instruction approved or conducted by the Council. Such expenses may

be paid directly to the contracting agency or business

establishment. The food and lodging expenses for each law

enforcement officer shall not exceed the authorized rates as

provided for in the State Travel Reimbursement Act; provided,

however, the Council may provide food and lodging to law enforcement

officials attending any official course of instruction approved or

conducted by the Council rather than paying for the provision of

such food and lodging by an outside contracting agency or business

establishment;

9. a. Certify canine teams, consisting of a dog and a

handler working together as a team, trained to detect:

(1) controlled dangerous substances, or

(2) explosives, explosive materials, explosive

devices, or materials which could be used to

construct an explosive device;

provided, the dog of a certified canine team shall not

be certified at any time as both a drug dog and a bomb

dog, and any dog of a certified canine team who has

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been previously certified as either a drug dog or a

bomb dog shall not be eligible at any time to be

certified in the other category.

b. Upon retiring the dog from the service it was

certified to perform, the law enforcement department

that handled the dog shall retain possession of the

dog. The handler shall have first option of adopting

the dog. If that option is not exercised, the law

enforcement department shall provide for its adoption.

Once adopted the dog shall not be placed back into

active service;

10. Enter into a lease, loan or other agreement with the

Oklahoma Development Finance Authority or a local public trust for

the purpose of facilitating the financing of a new facility for its

operations and use and pledge, to the extent authorized by law, all

or a portion of its receipts of the assessment penalty herein

referenced for the payment of its obligations under such lease, loan

or other agreement. It is the intent of the Legislature to increase

the assessment penalty to such a level or appropriate sufficient

monies to the Council on Law Enforcement Education and Training to

make payments on the lease, loan or other agreement for the purpose

of retiring the bonds to be issued by the Oklahoma Development

Finance Authority or local public trust. Such lease, loan or other

agreement and the bonds issued to finance such facilities shall not

constitute an indebtedness of this state or be backed by the full

faith and credit of this state, and the lease, loan or other

agreement and the bonds shall contain a statement to such effect;

11. Accept gifts, bequests, devises, contributions and grants,

public or private, of real or personal property;

12. Appoint an advisory committee composed of representatives

from security guard and private investigative agencies to advise the

Council concerning necessary research, minimum standards for

licensure, education, and other matters related to licensure of

security guards, security guard agencies, private investigators, and

private investigative agencies;

13. Enter into agreements with individuals, educational

institutions, agencies, and business and tribal entities for

professional services, the use of facilities and supplies, and staff
g necessary research, minimum standards for

licensure, education, and other matters related to licensure of

security guards, security guard agencies, private investigators, and

private investigative agencies;

13. Enter into agreements with individuals, educational

institutions, agencies, and business and tribal entities for

professional services, the use of facilities and supplies, and staff

overtime costs incurred as a result of the user's requests to

schedule functions after-hours, on weekends, or anytime such

requests extend staff beyond its normal capacity, whereby

contracting individuals, educational institutions, agencies, and

business and tribal entities shall pay a fee to be determined by the

Council by rule. All fees collected pursuant to facilities usage

shall be deposited to the credit of the C.L.E.E.T. Training Center

Revolving Fund created pursuant to Section 3311.6 of this title.

All other fees collected pursuant to these agreements shall be

Oklahoma Statutes - Title 70. Schools Page 1479

deposited to the credit of the Peace Officer Revolving Fund created

pursuant to Section 3311.7 of this title. The Council is authorized

to promulgate emergency rules to effectuate the provisions of this

paragraph;

14. Promulgate rules to establish a state firearms

requalification standard for active peace officers and meet any

requirements imposed on the Council by the federal Law Enforcement

Officers Safety Act of 2004;

15. Set minimal criteria relating to qualifications for chief

of police administrative training pursuant to Section 34-102 of

Title 11 of the Oklahoma Statutes, assist in developing a course of

training for a Police Chief Administrative School, and approve all

police chief administrative training offered in this state;

16. Appoint a Curriculum Review Board to be composed of six (6)

members as follows:

a. one member shall be selected by the Chancellor for

Higher Education, who possesses a background of

creation and review of curriculum and experience

teaching criminal justice or law enforcement courses,

who shall serve an initial term of one (1) year,

b. one member shall represent a municipal jurisdiction

with a population of fifty thousand (50,000) or more

and who shall be a management-level CLEET-certified

training officer, who shall serve an initial term of

two (2) years,

c. one member shall represent a county jurisdiction with

a population of fifty thousand (50,000) or more and

who shall be a management-level CLEET-certified

training officer, who shall serve an initial term of

three (3) years,

d. one member shall represent a municipal jurisdiction

with a population of less than fifty thousand (50,000)

and who shall be a CLEET-certified training officer,

who shall serve an initial term of two (2) years,

e. one member shall represent a county jurisdiction with

a population of less than fifty thousand (50,000) and

who shall be a CLEET-certified training officer, who

shall serve an initial term of one (1) year, and

f. one member selected by the Oklahoma Department of

Career and Technology, who shall have experience in

the creation and review of curriculum as well as

experience in teaching criminal justice or law

enforcement courses, who shall serve an initial term

of three (3) years.

After the initial terms of office, all members shall be

appointed to serve three-year terms. Any member may be reappointed

to serve consecutive terms. Members shall serve without

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compensation, but may be reimbursed for travel expenses pursuant to

the State Travel Reimbursement Act. The Board shall review and

establish curriculum for all CLEET academies and training courses

pursuant to procedures established by the Council on Law Enforcement

Education and Training;

17. Conduct review and verification of any records relating to

the statutory duties of CLEET;
Page 1480

compensation, but may be reimbursed for travel expenses pursuant to

the State Travel Reimbursement Act. The Board shall review and

establish curriculum for all CLEET academies and training courses

pursuant to procedures established by the Council on Law Enforcement

Education and Training;

17. Conduct review and verification of any records relating to

the statutory duties of CLEET;

18. Receive requested reports including investigative reports,

court documents, statements, or other applicable information from

local, county and state agencies and other agencies for use in

actions where a certification or license issued by CLEET may be

subject to disciplinary or other actions provided by law;

19. Summarily suspend a certification of a peace officer,

without prior notice but otherwise subject to administrative

proceedings, if CLEET finds that the actions of the certified peace

officer may present a danger to the peace officer, the public, a

family or household member, or involve a crime against a minor. A

certified copy of the information or indictment charging such a

crime shall be considered clear and convincing evidence of the

charge; and

20. Approve law enforcement agencies and police departments in

accordance with the following:

a. this section applies only to an entity authorized by

statute or by the Constitution to create a law

enforcement agency or police department and

commission, appoint, or employ officers that first

creates or reactivates an inactive law enforcement

agency or police department and first begins to

commission, appoint, or employ officers on or after

November 1, 2011,

b. the entity shall submit to CLEET, a minimum of sixty

(60) days prior to creation of the law enforcement

agency or police department, information regarding:

(1) the need for the law enforcement agency or police

department in the community,

(2) the funding sources for the law enforcement

agency or police department, and proof that no

more than fifty percent (50%) of the funding of

the entity will be derived from ticket revenue or

fines,

(3) the physical resources available to officers,

(4) the physical facilities that the law enforcement

agency or police department will operate

including descriptions of the evidence room,

dispatch area, restroom facilities, and public

area,

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(5) law enforcement policies of the law enforcement

agency or police department including published

policies on:

(a) use of force,

(b) vehicle pursuit,

(c) mental health,

(d) professional conduct of officers,

(e) domestic abuse,

(f) response to missing persons,

(g) supervision of part-time officers, and

(h) impartial policing,

(6) the administrative structure of the law

enforcement agency or police department,

(7) liability insurance, and

(8) any other information CLEET requires by rule,

c. within sixty (60) days of receiving an entity's

request, CLEET will forward to the entity by certified

mail, return receipt requested, a letter of

authorization or denial to create a law enforcement

agency or police department and commission, appoint,

or employ officers, signed by the Executive Director

of CLEET, and

d. in cases of denial, the entity may appeal the decision

of the Executive Director to the full CLEET Council.

The Executive Director shall ensure that the final

report is provided to all members of the Council. The

Council shall review and make recommendations

concerning the report at the first meeting of the

Council to occur after all members of the Council have

received the report. The Council may, by majority

vote:

(1) order additional information be provided,

(2) order confirmation of the opinion of the

Executive Director, or
e that the final

report is provided to all members of the Council. The

Council shall review and make recommendations

concerning the report at the first meeting of the

Council to occur after all members of the Council have

received the report. The Council may, by majority

vote:

(1) order additional information be provided,

(2) order confirmation of the opinion of the

Executive Director, or

(3) order authorization of the entity.

C. 1. Payment of any fee provided for in this section may be

made by a nationally recognized credit or debit card issued to the

applicant. The Council may publicly post and collect a fee for the

acceptance of the nationally recognized credit or debit card not to

exceed five percent (5%) of the amount of the payment. For purposes

of this subsection, "nationally recognized credit card" means any

instrument or device, whether known as a credit card, credit plate,

charge plate, or by any other name, issued with or without fee by an

issuer for the use of the cardholder in obtaining goods, services,

or anything else of value and which is accepted by over one thousand

merchants in this state. "Debit card" means an identification card

or device issued to a person by a business organization which

Oklahoma Statutes - Title 70. Schools Page 1482

permits such person to obtain access to or activate a consumer

banking electronic facility. The Council shall determine which

nationally recognized credit or debit cards will be accepted as

payment for fees.

2. Payment for any fee provided for in this title may be made

by a business check. The Council may:

a. add an amount equal to the amount of the service

charge incurred, not to exceed three percent (3%) of

the amount of the check as a service charge for the

acceptance and verification of the check, or

b. add an amount of no more than Five Dollars ($5.00) as

a service charge for the acceptance and verification

of a check. For purposes of this subsection,

"business check" shall not mean a money order,

cashier's check, or bank-certified check.

D. Failure of the Legislature to appropriate necessary funds to

provide for expenses and operations of the Council on Law

Enforcement Education and Training shall not invalidate other

provisions of this section relating to the creation and duties of

the Council.

E. 1. No person shall be eligible for employment as a peace

officer or reserve peace officer until the employing law enforcement

agency has conducted a background investigation of such person

consisting of the following:

a. a fingerprint search submitted to the Oklahoma State

Bureau of Investigation with a return report to the

submitting agency that such person has no felony

record,

b. a fingerprint search submitted to the Federal Bureau

of Investigation with a return report to the

submitting agency that such person has no felony

record,

c. such person has undergone psychological evaluation by

a psychologist licensed by the State of Oklahoma and

has been evaluated to be suitable to serve as a peace

officer in the State of Oklahoma,

d. the employing agency has verified that such person has

a high school diploma or a GED equivalency certificate

as recognized by state law,

e. such person is not participating in a deferred

sentence agreement for a felony, a crime involving

moral turpitude or a crime of domestic violence, and

does not have any criminal charges pending in any

court in this state, another state, in tribal court or

pursuant to the United States Code,

Oklahoma Statutes - Title 70. Schools Page 1483

f. such person is not currently subject to an order of

the Council revoking, suspending, or accepting a

voluntary surrender of peace officer certification,

g. such person is not currently undergoing treatment for

a mental illness, condition or disorder. For purposes

of this subsection, "currently undergoing treatment

for mental illness, condition or disorder" means the
70. Schools Page 1483

f. such person is not currently subject to an order of

the Council revoking, suspending, or accepting a

voluntary surrender of peace officer certification,

g. such person is not currently undergoing treatment for

a mental illness, condition or disorder. For purposes

of this subsection, "currently undergoing treatment

for mental illness, condition or disorder" means the

person has been diagnosed by a licensed physician,

psychologist, or licensed mental health professional

as being afflicted with a substantial disorder of

thought, mood, perception, psychological orientation

or memory that significantly impairs judgment,

behavior, capacity to recognize reality, or ability to

meet the ordinary demands of life and such condition

continues to exist,

h. such person is twenty-one (21) years of age.

Provided, this requirement shall not affect those

persons who are already employed as a police or peace

officer prior to November 1, 1985, and

i. such person has provided proof of United States

citizenship or resident alien status, pursuant to an

employment eligibility verification form from the

United States Citizenship and Immigration Services.

2. To aid the evaluating psychologist in interpreting the test

results including automated scoring and interpretations, the

employing agency shall provide the psychologist a statement

confirming the identity of the individual taking the test as the

person who is employed or seeking employment as a peace officer of

the agency and attesting that it administered the psychological

instrument in accordance with standards within the test document.

The psychologist shall report to the employing agency the evaluation

of the assessment instrument and may include any additional

recommendations to assist the employing agency in determining

whether to certify to the Council on Law Enforcement Education and

Training that the person being evaluated is suitable to serve as a

peace officer in this state. No additional procedures or

requirements shall be imposed for performance of the psychological

evaluation. The psychological instrument utilized shall be

evaluated by a psychologist licensed by the State of Oklahoma, and

the employing agency shall certify to the Council that the

evaluation was conducted in accordance with this provision and that

the employee or applicant is suitable to serve as a peace officer in

this state.

a. Any person found not to be suitable for employment or

certification by the Council shall not be employed,

retained in employment as a peace officer, or

certified by the Council for at least one (1) year, at

Oklahoma Statutes - Title 70. Schools Page 1484

which time the employee or applicant may be

reevaluated by a psychologist licensed by the State of

Oklahoma. This section shall also be applicable to

all reserve peace officers in this state.

b. Any person who is certified by CLEET and has undergone

the psychological evaluation required by this

subparagraph and has been found to be suitable as a

peace officer shall not be required to be reevaluated

for any subsequent employment as a peace officer

following retirement or any break in service as a

peace officer, unless such break in service exceeds

five (5) years or the Council determines that a peace

officer may present a danger to himself or herself,

the public, or a family or household member.

c. All persons seeking certification shall have their

name, gender, date of birth, and address of such

person submitted to the Department of Mental Health

and Substance Abuse Services by the Council. The

Department of Mental Health and Substance Abuse

Services shall respond to the Council within ten (10)

days whether the computerized records of the

Department indicate the applicant has ever been

involuntarily committed to an Oklahoma state mental

institution. In the event that the Department of

Mental Health and Substance Abuse Services reports to
ubstance Abuse Services by the Council. The

Department of Mental Health and Substance Abuse

Services shall respond to the Council within ten (10)

days whether the computerized records of the

Department indicate the applicant has ever been

involuntarily committed to an Oklahoma state mental

institution. In the event that the Department of

Mental Health and Substance Abuse Services reports to

the Council that the applicant has been involuntarily

committed, the Council shall immediately inform the

employing agency.

All basic police courses shall include a minimum of four (4)

hours of education and training in recognizing and managing a person

appearing to require mental health treatment or services. The

training shall include training in crime and drug prevention, crisis

intervention, youth and family intervention techniques, recognizing,

investigating and preventing abuse and exploitation of elderly

persons, mental health issues, and criminal jurisdiction on

Sovereign Indian Land.

Subject to the availability of funding, for full-time salaried

police or peace officers a basic police course academy shall consist

of a minimum of six hundred (600) hours.

For reserve deputies a basic reserve academy shall consist of a

minimum of two hundred forty (240) hours.

3. Beginning January 1, 2018, any reserve peace officer who has

completed the two-hundred-forty-hour reserve peace officer

certification program and who has been in active service in that

capacity for the past six (6) months shall be eligible to attend a

three-hundred-sixty-hour basic full-time training academy to become

certified as a full-time peace or police officer.

Oklahoma Statutes - Title 70. Schools Page 1485

4. Every person who has not been certified as a police or peace

officer and is duly appointed or elected as a police or peace

officer shall hold such position on a temporary basis only, and

shall, within six (6) months from the date of appointment or taking

office, qualify as required in this subsection or forfeit such

position. In computing the time for qualification, all service

shall be cumulative from date of first appointment or taking office

as a police or peace officer with any department in this state.

a. The Council may extend the time requirement specified

in this paragraph for good cause as determined by the

Council.

b. A duty is hereby imposed upon the employing agency to

withhold payment of the compensation or wage of such

unqualified officer.

c. If the police or peace officer fails to forfeit the

position or the employing agency fails to require the

officer to forfeit the position, the district attorney

shall file the proper action to cause the forfeiting

of such position. The district court of the county

where the officer is employed shall have jurisdiction

to hear the case.

5. The Council may certify officers who have completed a course

of study in another state deemed by the Council to meet standards

for Oklahoma peace officers providing the officer's certification in

the other state has not been revoked or voluntarily surrendered and

is not currently under suspension.

6. For purposes of this section, a police or peace officer is

defined as a full-time duly appointed or elected officer who is paid

for working more than twenty-five (25) hours per week and whose

duties are to preserve the public peace, protect life and property,

prevent crime, serve warrants, transport prisoners, and enforce laws

and ordinances of this state, or any political subdivision thereof;

provided, elected sheriffs and their deputies and elected,

appointed, or acting chiefs of police shall meet the requirements of

this subsection within the first six (6) months after assuming the

duties of the office to which they are elected or appointed or for

which they are an acting chief; provided further, that this section

shall not apply to persons designated by the Director of the
of;

provided, elected sheriffs and their deputies and elected,

appointed, or acting chiefs of police shall meet the requirements of

this subsection within the first six (6) months after assuming the

duties of the office to which they are elected or appointed or for

which they are an acting chief; provided further, that this section

shall not apply to persons designated by the Director of the

Department of Corrections as peace officers pursuant to Section 510

of Title 57 of the Oklahoma Statutes.

F. No person shall be certified as a police or peace officer by

the Council or be employed by the state, a county, a city, or any

political subdivision thereof, who is currently subject to an order

of the Council revoking, suspending, or accepting a voluntary

surrender of peace officer certification or who has been convicted

of a felony, a crime involving moral turpitude, or a crime of

domestic violence, unless a full pardon has been granted by the

Oklahoma Statutes - Title 70. Schools Page 1486

proper agency; however, any person who has been trained and

certified by the Council on Law Enforcement Education and Training

and is actively employed as a full-time peace officer as of November

1, 1985, shall not be subject to the provisions of this subsection

for convictions occurring prior to November 1, 1985.

G. 1. The Council is hereby authorized to provide to any

employing agency the following information regarding a person who is

or has applied for employment as a police or peace officer of such

employing agency:

a. Oklahoma State Bureau of Investigation and Federal

Bureau of Investigation reports,

b. administration of the psychological tests provided for

herein,

c. performance in the course of study or other basis of

certification,

d. previous certifications issued, and

e. any administrative or judicial determination denying

certification.

2. An employing agency shall not be liable in any action

arising out of the release of contents of personnel information

relevant to the qualifications or ability of a person to perform the

duties of a police or peace officer when such information is

released pursuant to written authorization for release of

information signed by such person and is provided to another

employing agency which has employed or has received an application

for employment from such person.

3. As used in this subsection, "employing agency" means a

political subdivision or law enforcement agency which either has

employed or received an employment application from a person who, if

employed, would be subject to this section.

H. 1. A law enforcement agency employing police or peace

officers in this state shall report the hiring, resignation, or

termination for any reason of a police or peace officer to the

Council within ten (10) days. Failure to comply with the provisions

of this subsection may disqualify a law enforcement agency from

participating in training programs sponsored by the Council. Every

law enforcement agency employing police or peace officers in this

state shall submit to CLEET on or before October 1 of each calendar

year a complete list of all commissioned employees with a current

mailing address and phone number for each such employee. In

addition to the above, CLEET may impose an administrative fine for

violations of this section.

2. A tribal law enforcement agency that has peace officers

commissioned by an Oklahoma law enforcement agency pursuant to a

cross-deputization agreement with the State of Oklahoma or any

political subdivision of the State of Oklahoma pursuant to the

provisions of Section 1221 of Title 74 of the Oklahoma Statutes

Oklahoma Statutes - Title 70. Schools Page 1487

shall report the commissioning, resignation, or termination of

commission for any reason of a cross-deputized tribal police or

peace officer to CLEET within ten (10) days of the commissioning,

resignation, or termination. Failure to comply with the provisions
lahoma pursuant to the

provisions of Section 1221 of Title 74 of the Oklahoma Statutes

Oklahoma Statutes - Title 70. Schools Page 1487

shall report the commissioning, resignation, or termination of

commission for any reason of a cross-deputized tribal police or

peace officer to CLEET within ten (10) days of the commissioning,

resignation, or termination. Failure to comply with the provisions

of this subsection may disqualify a tribal law enforcement agency

from participating in training programs sponsored by the Council.

I. It is unlawful for any person to willfully make any

statement in an application to CLEET knowing the statement is false

or intentionally commit fraud in any application to the Council for

attendance in any CLEET-conducted or CLEET-approved peace officer

academy or Collegiate Officer Program or for the purpose of

obtaining peace officer certification or reinstatement. It is

unlawful for any person to willfully submit false or fraudulent

documents relating to continuing education rosters, transcripts or

certificates, or any canine license application. Any person

convicted of a violation of this subsection shall be guilty of a

felony punishable by imprisonment in the Department of Corrections

for a term of not less than two (2) years nor more than five (5)

years, or by a fine not exceeding Two Thousand Dollars ($2,000.00),

or by both such fine and imprisonment. In addition to the above,

CLEET may impose an administrative fine.

J. 1. A police or peace officer shall be subject to

disciplinary action to include a denial, suspension, revocation or

acceptance of voluntary surrender of peace officer certification

upon a showing of clear and convincing evidence for the following:

a. conviction of a felony or a crime of domestic

violence,

b. conviction of a misdemeanor involving moral turpitude;

provided, if the conviction is a single isolated

incident that occurred more than five (5) years ago

and the Council is satisfied that the person has been

sufficiently rehabilitated, the Council may, in its

discretion, certify such person providing that all

other statutory requirements have been met,

c. a verdict of guilt or entry of a plea of guilty or

nolo contendere or an "Alford" plea or any plea other

than a not guilty plea for a felony offense, a crime

of moral turpitude, or a crime of domestic violence,

d. falsification or a willful misrepresentation of

information in an employment application or

application to the Council on Law Enforcement

Education and Training, records of evidence, or in

testimony under oath,

e. revocation or voluntary surrender of police or peace

officer certification in another state for a violation

of any law or rule or in settlement of any

disciplinary action in such state,

Oklahoma Statutes - Title 70. Schools Page 1488

f. involuntary commitment of a reserve or peace officer

in a mental institution or licensed private mental

health facility for any mental illness, condition or

disorder that is diagnosed by a licensed physician,

psychologist or a licensed mental health professional

as a substantial disorder of thought, mood,

perception, psychological orientation, or memory that

significantly impairs judgment, behavior, capacity to

recognize reality, or ability to meet the ordinary

demands of life. Provided, the peace officer

certification may be reinstated upon the Council

receiving notification of a psychological evaluation

conducted by a licensed physician, psychologist or

licensed mental health professional which attests and

states by affidavit that the officer and the

evaluation test data of the officer have been examined

and that, in the professional opinion of the

physician, psychologist or licensed mental health

professional, the officer is psychologically suitable

to return to duty as a peace officer. Notwithstanding

any other provision of state law pertaining to
ental health professional which attests and

states by affidavit that the officer and the

evaluation test data of the officer have been examined

and that, in the professional opinion of the

physician, psychologist or licensed mental health

professional, the officer is psychologically suitable

to return to duty as a peace officer. Notwithstanding

any other provision of state law pertaining to

confidentiality of hospital or other medical records,

and as allowable under federal law, CLEET may subpoena

or request a court to subpoena records necessary to

assure compliance with these provisions. Any

confidential information received by CLEET for such

purpose shall retain its confidential character while

in the possession of CLEET,

g. abuse of office,

h. entry of a final order of protection against applicant

or officer, or

i. any violation of the Oklahoma Private Security

Licensing Act.

2. Disciplinary proceedings shall be commenced by filing a

complaint with the Council on a form approved by the Council. Any

employing agency or other person having information may submit such

information to the Council for consideration as provided in this

subsection.

3. Upon the filing of the complaint, a preliminary

investigation shall be conducted to determine whether:

a. there is reason to believe the person has violated any

provision of this subsection or any other provision of

law or rule, or

b. there is reason to believe the person has been

convicted of a felony, a crime involving moral

turpitude or a domestic violence offense or is

Oklahoma Statutes - Title 70. Schools Page 1489

currently participating in a deferred sentence for

such offenses.

4. When the investigation of a complaint does not find the

person has violated any of the provisions of this subsection, or

finds that the person is sufficiently rehabilitated as provided in

subparagraph b or f of paragraph 1 of this subsection, no

disciplinary action shall be required and the person shall remain

certified as a police or peace officer. When the investigation of a

complaint finds that the person has violated any of the provisions

of this subsection, the matter shall be referred for disciplinary

proceedings. The disciplinary proceedings shall be in accordance

with Articles I and II of the Administrative Procedures Act.

5. The Council shall revoke the certification of any person

upon determining that such person has been convicted of a felony or

a crime involving moral turpitude or a domestic violence offense or

has entered a plea of guilty, or nolo contendere or an "Alford" plea

or any plea other than a not guilty plea for a felony offense, a

crime of moral turpitude or a crime of domestic violence or is the

respondent in a final victim protective order; provided, that if the

conviction has been reversed, vacated or otherwise invalidated by an

appellate court, such conviction shall not be the basis for

revocation of certification; provided further, that any person who

has been trained and certified by the Council on Law Enforcement

Education and Training and is actively employed as a full-time peace

officer as of November 1, 1985, shall not be subject to the

provisions of this subsection for convictions occurring prior to

November 1, 1985. The sole issue to be determined at the hearing

shall be whether the person has been convicted of a felony, a crime

involving moral turpitude or a domestic violence offense or is the

named respondent/defendant in a final victim protective order.

6. The Council shall revoke the certification of any person

upon determining that such person has received a deferred sentence

for a felony, a crime involving moral turpitude or a domestic

violence offense.

7. The Council may suspend the certification of any person upon

a determination that such person has been involuntarily committed to

a mental institution or mental health facility for a mental illness,
shall revoke the certification of any person

upon determining that such person has received a deferred sentence

for a felony, a crime involving moral turpitude or a domestic

violence offense.

7. The Council may suspend the certification of any person upon

a determination that such person has been involuntarily committed to

a mental institution or mental health facility for a mental illness,

condition or disorder as provided in subparagraph f of paragraph 1

of this subsection.

8. Every law enforcement agency in this state shall, within

thirty (30) days of a final order of termination or resignation

while under investigation of a CLEET-certified peace officer, report

such order or resignation in writing to the Executive Director of

the Council. Any report, upon receipt by the Council, shall be

considered as personnel records and shall be afforded confidential

protection pursuant to Sections 24A.7 and 24A.8 of Title 51 of the

Oklahoma Statutes. Any medical or other confidential records

Oklahoma Statutes - Title 70. Schools Page 1490

obtained by subpoena pursuant to this subsection shall not be made a

part of such report. The Executive Director shall ensure that the

report is provided to all members of the Council. The Council shall

review and make recommendations concerning the report at the first

meeting of the Council to occur after all members of the Council

have received the report. The Council may, by a majority vote,

order the suspension, for a given period of time, or revocation of

the CLEET certification of the peace officer in question if there

are grounds for such actions pursuant to this section and the peace

officer in question has been provided with notice and an opportunity

for a hearing pursuant to the Administrative Procedures Act.

Suspension or revocation of CLEET certification pursuant to this

paragraph shall be reported to the district attorney for the

jurisdiction in which the peace officer was employed, to the

liability insurance company of the law enforcement agency that

employed the peace officer, the chief elected official of the

governing body of the law enforcement agency and the chief law

enforcement officer of the law enforcement agency.

9. For all other violations of this subsection, the hearing

examiner shall take into consideration the severity of the

violation, any mitigating circumstances offered by the person

subject to disciplinary action, and any other evidence relevant to

the person's character to determine the appropriate disciplinary

action.

10. a. A police or peace officer may voluntarily surrender

and relinquish the peace officer certification to

CLEET. Pursuant to such surrender or relinquishment,

the person surrendering the certification shall be

prohibited from applying to CLEET for reinstatement

within five (5) years of the date of the surrender or

relinquishment, unless otherwise provided by law for

reinstatement.

b. No person who has had a police or peace officer

certification from another state revoked or

voluntarily surrendered and has not been reinstated by

that state shall be considered for certification by

CLEET.

c. Any person seeking reinstatement of police or peace

officer certification which has been suspended,

revoked, or voluntarily surrendered may apply for

reinstatement pursuant to promulgated CLEET rules

governing reinstatement. Except as provided in this

subsection, any person whose certification has been

revoked, suspended or voluntarily surrendered for any

reason including failure to comply with mandatory

education and training requirements, shall pay a

reinstatement fee of One Hundred Fifty Dollars

Oklahoma Statutes - Title 70. Schools Page 1491

($150.00) to be deposited to the credit of the Peace

Officer Revolving Fund created pursuant to Section

3311.7 of this title.

11. A duty is hereby imposed upon the district attorney who, on
for any

reason including failure to comply with mandatory

education and training requirements, shall pay a

reinstatement fee of One Hundred Fifty Dollars

Oklahoma Statutes - Title 70. Schools Page 1491

($150.00) to be deposited to the credit of the Peace

Officer Revolving Fund created pursuant to Section

3311.7 of this title.

11. A duty is hereby imposed upon the district attorney who, on

behalf of the State of Oklahoma, prosecutes a person holding police

or peace officer or reserve peace officer certification for a

felony, a crime involving moral turpitude, or a crime of domestic

violence in which a plea of guilty, nolo contendere, or an "Alford"

plea or any other plea other than a not guilty plea or other finding

of guilt is entered by, against or on behalf of a certified police

or peace officer to report such plea, agreement, or other finding of

guilt to the Council on Law Enforcement Education and Training

within ten (10) days of such plea agreement or the finding of guilt.

12. Any person or agency required or authorized to submit

information pursuant to this section to the Council shall be immune

from liability arising from the submission of the information as

long as the information was submitted in good faith and without

malice.

13. Any peace officer employed by a law enforcement agency in

this state which has internal discipline policies and procedures on

file with CLEET shall be exempt from the disciplinary proceedings

and actions provided for in this subsection; provided, however, such

exemption shall not apply if the peace officer has been convicted of

a felony crime, a crime of moral turpitude, or a crime of domestic

violence.

14. All criminal proceedings initiated against a CLEET-

certified peace officer or reserve peace officer shall be reported

by the officer to CLEET immediately after arrest or discovery of the

filing of such criminal proceeding. All CLEET-certified peace

officers and reserve peace officers shall be required to report when

a victim protective order has been issued against the officer

including orders issued on an emergency basis and all final orders

of protection. Failure to give notice pursuant to the provisions of

this paragraph may be cause to initiate an action against the

officer by CLEET.

15. As used in this subsection:

a. "law enforcement agency" means any department or

agency of the state, a county, a municipality, or

political subdivision thereof, with the duties to

maintain public order, make arrests, and enforce the

criminal laws of this state or municipal ordinances,

which employs CLEET-certified personnel,

b. "final order of termination" means a final notice of

dismissal from employment provided after all

grievance, arbitration, and court actions have been

completed, and

Oklahoma Statutes - Title 70. Schools Page 1492

c. "resignation while under investigation" means the

resignation from employment of a peace officer who is

under investigation for any felony violation of law, a

crime of moral turpitude, a crime of domestic

violence, or the resignation from employment of a

peace officer as part of an arbitration or plea

agreement.

K. 1. Every canine team in the state trained to detect

controlled dangerous substances shall be certified, by test, in the

detection of such controlled dangerous substances and shall be

recertified annually so long as the canine is used for such

detection purposes. The certification test and annual

recertification test provisions of this subsection shall not be

applicable to canines that are owned by a law enforcement agency and

that are certified and annually recertified in the detection of

controlled dangerous substances by the United States Customs

Service. No employee of CLEET may be involved in the training or

testing of a canine team.

2. The Council shall appoint a Drug Dog Advisory Council to

make recommendations concerning minimum standards, educational
canines that are owned by a law enforcement agency and

that are certified and annually recertified in the detection of

controlled dangerous substances by the United States Customs

Service. No employee of CLEET may be involved in the training or

testing of a canine team.

2. The Council shall appoint a Drug Dog Advisory Council to

make recommendations concerning minimum standards, educational

needs, and other matters imperative to the certification of canines

and canine teams trained to detect controlled dangerous substances.

The Council shall promulgate rules based upon the recommendations of

the Advisory Council. Members of the Advisory Council shall

include, but need not be limited to, a commissioned officer with

practical knowledge of such canines and canine teams from each of

the following:

a. the Oklahoma State Bureau of Narcotics and Dangerous

Drugs Control,

b. the Department of Public Safety,

c. a police department,

d. a sheriff's office, and

e. a university or college campus police department.

3. The fee for the certification test shall be Two Hundred

Dollars ($200.00) and the annual recertification test fee shall be

One Hundred Dollars ($100.00) per canine team. A retest fee of

Fifty Dollars ($50.00) will be charged if the team fails the test.

No such fee shall be charged to any local, state or federal

government agency. The fees provided for in this paragraph shall be

deposited to the credit of the CLEET Fund created pursuant to

Section 1313.2 of Title 20 of the Oklahoma Statutes.

L. 1. Every canine team in the state trained to detect

explosives, explosive materials, explosive devices, and materials

which could be used to construct an explosive device shall be

certified, by test, in the detection of such explosives and

materials and shall be recertified annually so long as the canine is

used for such detection purposes. The certification test and annual

Oklahoma Statutes - Title 70. Schools Page 1493

recertification test provisions of this subsection shall not be

applicable to canines that are owned by a law enforcement agency if

such canines are certified and annually recertified in the detection

of explosives and materials by the United States Department of

Defense. No employee of CLEET may be involved in the training or

testing of a canine team.

2. The Council shall appoint a Bomb Dog Advisory Council to

make recommendations concerning minimum standards, educational

needs, and other matters imperative to the certification of canines

and canine teams trained to detect explosives, explosive materials,

explosive devices and materials which could be used to construct an

explosive device. The Council shall promulgate rules based upon the

recommendations of the Advisory Council. Members of the Advisory

Council shall include, but need not be limited to, a commissioned

officer with practical knowledge of such canines and canine teams

from each of the following:

a. the Department of Public Safety,

b. a police department,

c. a sheriff's office, and

d. a university or college campus police department.

3. The fee for the certification test shall be Two Hundred

Dollars ($200.00) and the annual recertification test fee shall be

One Hundred Dollars ($100.00) per canine team. A retest fee of

Fifty Dollars ($50.00) will be charged if the team fails the test.

No such fee shall be charged to any local, state or federal

government agency. The fees provided for in this paragraph shall be

deposited to the credit of the CLEET Fund created pursuant to

Section 1313.2 of Title 20 of the Oklahoma Statutes.

M. All tribal police officers of any Indian tribe or nation who

have been commissioned by an Oklahoma law enforcement agency

pursuant to a cross-deputization agreement with the State of

Oklahoma or any political subdivision of the State of Oklahoma

pursuant to the provisions of Section 1221 of Title 74 of the
CLEET Fund created pursuant to

Section 1313.2 of Title 20 of the Oklahoma Statutes.

M. All tribal police officers of any Indian tribe or nation who

have been commissioned by an Oklahoma law enforcement agency

pursuant to a cross-deputization agreement with the State of

Oklahoma or any political subdivision of the State of Oklahoma

pursuant to the provisions of Section 1221 of Title 74 of the

Oklahoma Statutes shall be eligible for peace officer certification

under the same terms and conditions required of members of the law

enforcement agencies of the State of Oklahoma and its political

subdivisions. CLEET shall issue peace officer certification to

tribal police officers who, as of July 1, 2003, are commissioned by

an Oklahoma law enforcement agency pursuant to a cross-deputization

agreement with the State of Oklahoma or any political subdivision of

the State of Oklahoma pursuant to the provisions of Section 1221 of

Title 74 of the Oklahoma Statutes and have met the training and

qualification requirements of this section.

N. If an employing law enforcement agency in this state has

paid for CLEET training and the salary of a person while that person

is completing in this state a basic police course approved by the

Council and if within one (1) year after the date the person is

Oklahoma Statutes - Title 70. Schools Page 1494

commissioned with the law enforcement agency that person resigns and

is hired by another law enforcement agency in this state, the second

law enforcement agency or the person receiving the training shall

reimburse the original employing law enforcement agency for the cost

of CLEET training and salary paid to the person while completing the

basic police course by the original employing law enforcement

agency. If the person leaves the original employing law enforcement

agency later than one (l) year, but less than two (2) years, after

the date the person is commissioned with the law enforcement agency,

the second law enforcement agency or the person receiving the

training shall reimburse the original employing law enforcement

agency fifty percent (50%) of the cost of CLEET training and salary

paid to the person while completing the basic police course by the

original employing law enforcement agency. CLEET shall not be a

party to any court action based on this provision.

O. The Council on Law Enforcement Education and Training, in

its discretion, may waive all or part of any moneys due to the

Council, if deemed uncollectable by the Council.

P. Peace officers, reserve peace officers, tribal peace

officers, agencies, bail enforcers, security guards and private

investigators shall maintain with the Council current mailing

addresses and shall notify the Council, in writing, of any change of

address or name. Notification of change of name shall require

certified copies of any marriage license or other court document

which reflects the change of name. Notice of change of address or

telephone number must be made within ten (10) days of the effected

change. Notices shall not be accepted over the phone. In any

proceeding in which the Council is required to serve notice or an

order on an individual or an agency, the Council may send a letter

to the mailing address on file with the Council. If the letter is

returned and a notation of the U.S. Postal Service indicates

"unclaimed", or "moved", or "refused" or any other nondelivery

markings and the records of the Council indicate that no change of

address as required by this subsection has been received by the

Council, the notice and any subsequent notices or orders shall be

deemed by the Court as having been legally served for all purposes.

Q. All CLEET records of bail enforcers may be released only in

compliance with this section and the Bail Enforcement and Licensing

Act. All records in CLEET possession concerning other persons or

entities shall be released only in compliance with this section and
uncil, the notice and any subsequent notices or orders shall be

deemed by the Court as having been legally served for all purposes.

Q. All CLEET records of bail enforcers may be released only in

compliance with this section and the Bail Enforcement and Licensing

Act. All records in CLEET possession concerning other persons or

entities shall be released only in compliance with this section and

the Oklahoma Open Records Act.