Telecommunications – Title 500, Chapter 4
500 KAR 4:010. Definitions
Relates To: KRS 15.530, 15.540, 15.550, 15,560, 15.570 Pursuant To:KRS 15A, 160, 15.590 Necessity and Function: KRS 15.530 requires the KentuckyLaw Enforcement Council to certify training for law enforcement telecommunicatorsand authorizes the Kentucky Law Enforcement Council to prescribe standardsfor schools conducting telecommunicator training courses for law enforcementunits required by KRS 15.560 in order for them to gain or retain certification.This regulation provides definitions of certain terms used in 500 KAR Chapter4. KRS 15.590 authorizes the Secretary of Justice to issue administrativeregulations.
Section 1. Definitions. The following definitions shall apply in thischapter: (1) “Secretary” means the Secretary of the JusticeCabinet (2) “Department” means the Department of Criminal JusticeCabinet. (3) “Council” means the Kentucky Law Enforcement Councilas established in KRS 15.315. (4) “Approval” means the actof the council in deciding that requirements have been met for the adequacyof the instructors and the schools that provide courses for gaining orretaining certification. (5) “Certification” means the issuanceof a certificate by the Kentucky Law Enforcement Council attesting to suchperson’s satisfactory completion of an approved law enforcement telecommunicatorbasic training program and meeting all statutory qualifications set forthin KRS 15.540. (6) “Certified School” means a school which hasbeen approved by the council to conduct courses required to be completedto gain or retain certification as a law enforcement telecommunicator. (7) “Recognized school” means a school which the council hasnot certified (e.g., the school is out of state), but which the councilconsiders to provide training at least equal to the equivalent trainingoffered by the department. (8) “Certified Instructor” meansa person who has been approved by the council to instruct at certifiedschools. (9) “Trainee” means a person participating in trainingas a student. (10) “Full time” means working a number of hoursweekly that is standard for other employees of the same local unit of government.However, no local unit of government shall arrange, by reduction of weeklyhours or otherwise, the employment conditions or duties so as to subvertthe intent and purpose of KRS 15.530-15.590. This includes any employeeswho may also perform other assigned tasks, including but not limited toclerical duties, in addition to his telecommunicator duties. (11) “Radiodispatcher” as used in KRS 15.560 means law enforcement telecommunicator.”(13 Ky.R. 1807; eff. 7-2-87)
500 KAR 4:020. Training; qualifications; application
RELATES TO: KRS 15.550 PURSUANT TO: KRS 15A.160, 15.590 NECESSITYAND FUNCTION This regulation prescribes qualifications for attending telecommunicatorlaw enforcement courses at certified schools and forms to be used and proceduresto be followed in applying for admission to such courses.
Section 1. Admission Qualifications. All applicants for training shallmeet the statutory qualifications for law enforcement telecommunicatoras set forth in KRS 15.540 prior to admission to training.
Section 2. Application for Basic Training. (1) Each applicant for alaw enforcement telecommunicator basic training course at a certified orrecognized school shall submit a completed KLEC Form, “Applicationfor Training,” to the school no less than thirty (30) days prior tothe first day of the course. In addition, a “Training ApplicationSupplement” (required only for first-time class attendance if employedafter July 15, 1985) shall be filed with the school which shall containdata showing compliance with KRS 15.540 and attested thereto. These formsare incorporated herein by reference as if set out in their entirety andmay be obtained from the Department of Criminal Justice Training. JusticeCabinet, Kit Carson Drive, Richmond, Kentucky 40475. This application shallcontain, but not be limited to, data showing compliance with qualificationrequirements as set forth in KRS 15.540 and attested thereto with appropriatepenalty. (2) Applicants to recognized schools shall first comply with500 KAR 4:070, Section 2. (3) Failure to submit the forms in the prescribedmanner or within the prescribed time shall be justification for denyingadmission to the course. The director of the school or his designee, ifhe deems it justified by unusual circumstances, may waive the thirty (30)day admission requirement and admit an applicant on shorter notice. Section3. Waiver of Training Requirements – Certificate. All radio dispatcherswho have served continuously for one (1) year immediately prior to July15, 1986, shall be waived from basic training requirements. Such personsshall be awarded a law enforcement telecommunicator certificate by filingan application with the Department of Criminal Justice Training at Room107, Stratton Building, Eastern Kentucky University, Richmond, Kentucky40475. Applications may be obtained at the same address. The applicationfor waiver is incorporated herein by reference as if set out in its entirety.
Section 4. Falsification of Application. Knowing or willful falsificationof an application to a course shall be justification for denying admissionto the course. (13Ky.R.1808; eff. 7-2-87.)
500 KAR 4:030. Certification of schools
RELATES TO: KRS 15.550, 15.560 PURSUANT TO: KRS 15A. 160, 15.590 NECESSITYAND FUNCTION: KRS 15.550 and 15.560(2) authorizes the Kentucky Law EnforcementCouncil to prescribe standards for approval and continuation of approvalof schools which conduct law enforcement telecommunicator training coursesrequired by KRS 15.560. This regulation prescribes standards and proceduresfor approval and certification.
Section 1. Application Procedures. Any agency, group or individualmay make application to the council to establish a certified basic trainingschool, a certified in-service training school, or both. All applicationsshall be made in writing and shall set forth detailed facts as prescribedby the council and shall include, but not be limited to: the curriculum,the instructors, the facilities, and the equipment. (The school certificationapplication form – KLEC Form 3 – is available from and should be submittedto, the Kentucky Law Enforcement Council, Third Floor, Commonwealth CreditUnion Building, High Street, Frankfort, Kentucky 40601.) This form is incorporatedherein by reference as if set out in its entirety.
Section 2. Review of Application. Upon receiving a properly completedapplication for certification of a school, the council or its designeeshall conduct an on-site inspection of the facility and equipment and shallthoroughly examine the curriculum and instructors of the applying school.The council shall in the course of its inspection determine whether theapplying school offers training at least equal to the equivalent trainingprovided by the department. The council shall also determine whether theapplying school’s personnel are certified by the council to teach the subjectsto be presented by the school; whether the curriculum to be presented bythe school has been certified by the council, and whether the school’sfacilities meet applicable minimum fire safety standards as adopted bythe Department of Housing, Buildings and Construction in 815 KAR Chapter10 for like or similarly used facilities. Section 3. Approval Procedure.The council at its first regular meeting after the evaluation has beencompleted, shall vote whether to approve the applying school.
Section 4. Notification of Council Action; Certification. Within thirty(30) days of the council’s vote, the council shall notify in writing theapplying school and the Department of Criminal Justice Training whetherthe applying school was approved. If an applying school has been approvedthe council shall issue a certificate stating that the applying schoolhas been certified and the type of training course (s) that shall be offered- basic in-service and/or both.
Section 5. Inspections. Any school certified by the council shall besubject to inspection by the council or its designee to determine if theschool is maintaining the standards required for certification.
Section 6. Revocation of Certification. A school’s certification shallbe revoked by the council whenever a school has been found not to havemaintained the standards required for certification. If certification isrevoked, the department and the school shall be notified of the revocationwithin fifteen (15) days. The council shall recertify a school only whenthe council determines that all deficiencies are corrected. (13 Ky.R. 1809;Am. 14 Ky.R.; eff. 7-2-87.)
500 KAR 4:040. Approval of course curriculum
RELATES TO: KRS 15.550, 15.560 PURSUANT TO: KRS 15A.160, 15.590 NECESSITYAND FUNCTION; KRS 15.550 AND 15.560 authorizes the Kentucky Law EnforcementCouncil to prescribe standards for minimum standards for curriculums forlaw enforcement telecommunicators. This regulation prescribes standardsand procedures for such approval.
Section 1. Council Authority. The council shall have the authorityto review all curriculums for all law enforcement courses to be providedby all schools certified by the council. The council shall have the authorityto require all such curriculums to indicate and justify the “passing”performance level on all graded exercises in the course.
Section 2. Submission Requirements. All proposed curriculums or proposedamendments to approved curriculums shall be received by the council atleast thirty (30) days prior to the date of anticipated review. (The curriculumapproval form – KLEC Form 31 – is available from, and should be submittedto, the Kentucky Law Enforcement Council, Third Floor, Commonwealth CreditUnion Building, High Street, Frankfort, Kentucky 40601.) This form is incorporatedherein by reference as if set out in its entirety.
Section 3. School Endorsement. All course curriculums and amendmentsto course curriculums submitted by a school shall be endorsed by the directorof the school or his designee.
Section 4. Approval Procedure. Each course curriculum or course amendmentproposal shall be supported by the following minimum data to enable thecouncil to adequately determine its merits:
(1) Identification of type of trainee to which curriculum intended(recruit entrance officer, radio dispatcher, etc.). (2) Type of trainingcategory. (a) Basic (b) In-Service (3) Identification of how the curriculumwas identified in terms of satisfying specific job related training needs. (4) For each subject unit of instruction. (a) Subject title and numberof hours; (b) Brief description of each subject unit explaining what eachtopic is designed to accomplish; (c) Specific student-oriented objectives; (d) Method of testing to be used to evaluate the effectiveness of theinstruction; (e) Specific training aids needed to teach each subject unitof instruction; (f) Reference material used to develop the lesson planor teaching material for each subject unit.
Upon review of the proposed course curriculum or curriculum amendment,the council shall vote whether to approve subject to stated conditions,or disapprove. Course curriculum approval shall last for only three (3)years. Curriculum which are to be continued shall be resubmitted for approvalat least ninety (90) days before the expiration of the three (3) yearsperiod.
Section 5. Notification of Council Action. Within thirty (30) daysof the council’s vote, the council shall notify in writing the school whichsubmitted the curriculum and the Department of Criminal Justice Trainingwhether the curriculum or curriculum amendment was approved. (13 Ky.R.1810; Am. 14 Ky.R.; eff; 7-2-87.)
500 KAR 4:050. Certification of instructors.
RELATES TO: KRS 15.550, 15.560 PURSUANT TO: KRS 15A.160, 15.590 NECESSITYAND FUNCTION: KRS 15.550 authorizes the council to certify all trainingcurriculum and instructors. This regulation prescribes standards and proceduresfor certification of instructors.
Section 1. Council Authority. The council shall have the authorityto certify all persons instructing law enforcement telecommunicators trainingcourses.
Section 2. Application for Certification. Applications for certificationand for certification renewal shall be made to the council. (The instructorcertification form – KLEC Form 1 – is available from, and should be submittedto, the Kentucky Law Enforcement Council, Third Floor, Commonwealth CreditUnion Building, High Street, Frankfort, Kentucky 40601.) This form is incorporatedherein by reference as if set out in its entirety. To become certified,an applicant must meet the following requirements: (1) Have three (3)years of law enforcement experience or experience in the specific field,subject matter or academic discipline to be taught; and (2) Have earneda high school diploma or its equivalent as determined by the council; and (3) Have successfully completed an instructor’s course approved by thecouncil.
Section 3. Application Process. Applications for instructor certificationand renewal of certification shall be reviewed by the council. The council,at its first regular meeting after the review has been completed, shallvote whether to approve the applicant.
Section 4. Granting of Certification. If the council grants certificationto an applicant, the council shall notify the applicant and the Departmentof Criminal Justice Training in writing within fifteen (15) days of thecouncil’s action.
Section 5. Instructor Certificate. The council shall issue a certificatestating that the person has been approved to instruct.
Section 6. Denial of Certification. The council shall deny certificationto an applicant who fails to meet the requirements and shall revoke certificationfor incompetence, improper conduct, or other good cause. Any instructorwho fails to instruct during the one (1) year period of certification shallbe required to apply for reinstatement of certification and to meet suchrequirements as are deemed necessary by the council. When the council deniescertification to an applicant or revokes certification or denies recertificationor reinstatement of certification to an instructor, the council shall notifythe person and the Department of Criminal Justice Training the council’saction in writing within fifteen (15) days.
Section 7. Length of Certification. Certification shall be for a periodof one (1) year. At the end of the one (1) year period, certification maybe renewed by the council if the instructor has instructed in an approvedcourse provided by a certified school during that year and if the instructorinstructed at a certified school, has been recommended by the directorof the certified school. After five (5) years of continuous certification,the council may certify an instructor for a five (5) year period.
Section 8. Monitoring of Instructors. The council or its designee shall,when practical, monitor each instructor during the one (1) year periodof certification to determine if the instructor is teaching to the statedgoals and objectives of the course and is meeting generally accepted standardsof the teaching profession.
Section 9. Instructor Directory. Each certified instructor shall belisted in an official directory which shall identify each subject thatthe instructor has been certified to instruct. The directory shall be publishedin the form of a notebook, allowing for changes through the use of supplements.The council shall publish annual supplements to the directory by December31 of each year and the supplements shall include all certification changes,including additions, deletions and renewals, for the year. The councilshall provide the secretary, each certified school and the Department ofCriminal Justice Training with a copy of the directory (13 Ky.R. 1811;Am. 14 Ky.R.; eff. 7-2-87.)
500 KAR 4:060. Basic Training: graduation requirements; records.
RELATES TO: KRS 15.550, 15.560 PURSUANT TO: KRS 15A.160, 15.590 NECESSITYAND FUNCTION: This regulation prescribes requirements for graduation froma basic training course and for maintenance of basic training records.
Section 1. Basic Training Graduation Requirements.
(1) A trainee in a basic training course shall participate in a minimumof forty (40) hours of training in a council certified or approved course.A trainee may have excused absences from the course with approval of thedirector of the certified school or his designee. An excused absence whichcauses a trainee to miss any of the required hours of basic training shallbe made up through additional training assignments. (2) To successfullycomplete a basic training course, a trainee must: (a) Participate in atleast the minimum hours prescribed; (b) Pass the final examination ora re-examination by at least a grade of seventy (70); only one (1) re-examinationmay be taken. The trainee will be able to demonstrate proficiency, viaa graded practicum on the telephone and radio and will be able to satisfactorilyanswer questions, via a written examination, pertaining to knowledge gained.The examination shall be predicated on the goals and objectives set forthin the certified curriculum. The graded practicum shall constitute twenty(20) percent of the final grade and the written examination shall constituteeight (80) percent of the final grade; and (c) Successfully complete allgraded training areas and all other assignments, exercises, and projectsincluded in the course.
(3) If a telecommunicator, who has been granted “grandfather”status pursuant to KRS 15.560 (1), terminates employment by dismissal orretirement but becomes re-employed as a telecommunicator, shall be requiredto successfully complete a forty (40) hours basic training course for telecommunicators.A transfer of employment from one agency to another without a break inservice, i.e., the transfer was prearranged before leaving the prior employment,shall not be considered to be a termination and a re-employment.
Section 2. Maintenance of Records. A school shall, at the conclusionof each basic or in-service training course complete KLEC Form, “Applicationfor Training,” (see 500 KAR 4:020) for each trainee who has attendedthe course attesting to the successful compliance with all requirementsof the course. One (1) copy shall be retained by the school and one (1)copy shall be sent to the head of the trainee’s agency. The original shallbe sent to the Department of Criminal Justice Training for record retentionpurposes and the issuance of an appropriate certificate for and on behalfof the secretary. All such records shall be available to the council andthe secretary for inspection or other appropriate purposes. All recordsshall be maintained in accordance with standards established by the StateArchives and Records Commission. (13 Ky.R. 1812; Am. 14 Ky.R.: eff.7-2-87.)
500 KAR 4:070. In service training: graduation requirements; recognizedcourses; records.
RELATES TO: KRS 15.560, 15.570 PURSUANT TO: KRS 15A160, 15.590 NECESSITYAND FUNCTION: KRS 15.560 requires all telecommunicators, whether originallyemployed before or after the effective date of the Act, to successfullycomplete at least eight (8) hours of in-service training each calendaryear at a school certified or recognized by the council. This regulationprescribes requirements for graduation from an in-service training courseand for maintenance of in-service training records and establishes proceduresfor recognizing training at non-certified schools.
Section 1. In-service Training Graduation Requirements. (1) A lawenforcement telecommunicator shall complete each calendar year a councilcertified in-service training course, appropriate to their job assignmentand responsibility of at least eight (8) hours. A trainee may have excusedabsences from the course with approval of the director of the certifiedschool or his designee. An excused absence which causes a trainee to missany of the in-service course shall be made up through an additional trainingassignment. A trainee shall be allowed one (1) excused absence from nomore than twenty (20) percent of the in-service course. (2) To successfullycomplete an in-service training course, a trainee must; (a) Participatein at least the minimum hours prescribed for the training course; (b) Passthe final examination or a re-examination which may be taken one (1) timeonly. The examination shall be predicated on the goals and objectives setforth in the certified curriculum; and (c) Successfully complete allgraded training areas and all other assignments, exercises, and projectsincluded in the course. (3) A telecommunicator’s failure to meet the in-servicetraining requirement in a calendar year shall not be considered to be inviolation of law if the failure to meet the requirement is due to circumstancesbeyond his control, such as injury, illness, or personal tragedy; in thisevent the telecommunicator shall be required to meet the in-service trainingrequirement within a reasonable time (not to exceed one (1) year from thetermination of the extenuating circumstances) as determined by the Secretaryof the Justice Cabinet or his designee. (4) A telecommunicator who failsto successfully complete an in-service course within the prescribed time,for whatever reason, unless an extension is granted pursuant to subsection(3) of this section shall lose certification as a law enforcement telecommunicator.Such telecommunicator may be recertified upon completion of a certifiedin-service course so long as the period of time of decertification doesnot exceed two (2) actual years. If the period of decertification exceedstwo (2) actual years, the telecommunicator shall be required to completea basic training course in order to regain certification.
Section 2. In-Service Training Courses at Recognized Schools. The councilshall have the authority to recognize schools providing in-service trainingwhich are not certified by the council. A trainee who desires to attendan in-service training course at a school that is not certified shall makea written request to the council at least thirty (30) days prior to thefirst day of the course. The council shall have the authority to granta request made after the course has been attended, but failure to submitthe request at least thirty (30) days in advance of the course shall bejustification for not recognizing the course. The council shall reviewthe request and determine whether the school and the course shall be recognizedbased upon the following: (1) The quality and reputation of the trainingschool or institution; (2) The relationship of the course to the telecommunicator’sposition and responsibility; and (3) The unavailability of the courseat a certified school. If, upon review of the request, the council determinesthat the trainee may attend an in-service training course at a school orinstitution that is not certified, the council shall notify the trainee’sagency and the department of its action. A trainee who fails to meet requirementsestablished by the council for attendance at the recognized course shallnot have met the requirements of KRS 15.570. Section 3. Maintenance ofRecords. A school shall, at the conclusion of each in-service trainingcourse complete KLEC Form, “Application for Training.” for eachtrainee who has attended the course attesting to the successful compliancewith all requirements of the course. One (1) copy shall be retained bythe school and one (1) copy shall be sent to the head of the trainees agency.The original shall be sent to the Department of Criminal Justice Trainingfor record retention purposes and the issuance of an appropriate certificatefor and on behalf of the secretary. All such records shall be availableto the council and the secretary for inspection or other appropriate purposes.All records shall be maintained in accordance with standards establishedby the State Archives and Records Commission. (13 Ky.R. 1813; Am. 14 Ky.R.:eff. 7-2-87.) 500 KAR 4:080. Review of council and school decisions; appealto circuit court.
RELATES TO: KRS 13A.100, 15.550, 15.560, 15.570, PURSUANT TO: KRS15A.160, 15.590 NECESSITY AND FUNCTION: KRS 15.550 AND 15.560 authorizesthe Kentucky Law Enforcement Council to prescribe standards for law enforcementtelecommunicator training conducted by certified schools. 500 KAR Chapter4 prescribes such standards. Decisions by the council and by certifiedschools involving the interpretation of the statute and the regulationsaffect persons. A person adversely affected by such a decision should havethe right to have it reviewed. This regulation establishes a procedurefor review.
Section 1. Administrative Review. A person adversely affected by adecision of the council or a certified school as to enforcement of standardsor procedures prescribed by KRS 15.550, 15.560 or 15.570 and/or 500 KARChapter 4 shall have the right to ask the secretary to review the decision.A request for a hearing shall be filed in writing with the secretary withinthirty (30) days of receipt of written notification of the council or schooldecision. The secretary shall, within thirty (30) days of receipt of therequest, decide if the request merits a hearing. If it is determined thereare insufficient grounds for a hearing, the secretary shall notify theperson in writing that the request has been denied. If a hearing is tobe held, the secretary shall designate the time and place. The hearingshall be held within sixty (60) days of receipt of the request for a hearing,and it shall be conducted by the secretary or his designated hearing officer.If a hearing officer conducts the hearing, he shall submit findings offact, conclusions of law and a recommended decision to the secretary. Atthe hearing, all parties to the controversy shall have the right to beheard publicly and to be represented by counsel, and all testimony shallbe recorded. Technical rules of evidence shall not apply at the hearing.Within ninety (90) days following the hearing, the secretary shall issuea written opinion, a copy of which shall be provided to all parties andto the department. The decision of the secretary shall be final unlessappealed to circuit court. (13 Ky.R. 1814; eff.7-2-87.) LAW ENFORCEMENTTELECOMMUNICATOR KENTUCKY REVISED STATUTES 15.530-15.590
15.530 Definition
For the purposes of KRS 15.540 to 15.590, law enforcement telecommunicatormeans any full time employee, sworn or civilian, whose primary responsibilityis to dispatch law enforcement units by means of radio communications foran agency which is part of or administered by the state or any politicalsubdivision.
15.540 Qualifications for law enforcement telecommunicator
The justice cabinet shall determine that all applicants for admissionto the telecommunicator training program: (1) Are citizens of the UnitedStates and have reached the age of majority; (2) Hold high school diplomaor the equivalent; (3) Have not been convicted of a felony or other crimesinvolving moral turpitude as determined by submission of each applicant’sfingerprints to the information systems section of the department of statepolice and to the federal bureau of investigation identification division,and by such other investigations as required by the applicant’s place ofemployment; and (4) Are free of any physical, emotional or mental conditionwhich might adversely affect their employment performance.
15.550 Training program
The basic course offered by the training program shall consist of notless than forty (40) hours of instruction or training and shall consistof subjects appropriate for the basic training of law enforcement telecommunicatorsin the technique of emergency services communications. The Kentucky lawenforcement council shall approve all training curriculum and instructions.
15.560 Certificate of completion of training course required for appointmentof retention as law enforcement telecommunicator; grandfather clause; annualin-service training course
(1) No person shall receive an official appointment on a permanentbasis as a law enforcement telecommunicator to any law enforcement agencyin this state, unless such person has previously been awarded a certificateby the secretary of justice attesting to such person’s satisfactory completionof an approved law enforcement telecommunicator basic training program.Every person who is employed, after July 15, 1986 as a law enforcementtelecommunicator by any law enforcement agency in this state shall forfeithis position as such unless, within twelve (12) months from the date ofemployment, he satisfactorily completes a basic training program and isawarded a certificate attesting thereto. The secretary of justice shallwaive the training requirement listed in this section for all law enforcementradio dispatchers who have served continuously for one (1) year immediatelyprior to July 15, 1986 and shall award each such law enforcement telecommunicatora certificate. Notwithstanding the above, any person employed on or afterJuly 15, 1986 regardless of prior experience as a law enforcement telecommunicatorshall successfully complete the basic training program. (2) All telecommunicators,whether originally employed before or after July 15, 1986, shall successfullycomplete each calendar year an in-service training course, appropriateto their job assignment and responsibility of at least eight (8) hoursduration at a school certified or recognized by the Kentucky law enforcementcouncil.
15.570 Waiver of basic training program upon satisfactory completionof comparable program
The secretary of justice shall with the approval of the Kentucky lawenforcement council waive the basic telecommunicator training program andcertify applicants who furnish evidence of satisfactory completion of abasic law enforcement telecommunicator training program which, in the council’sopinion, is comparable to that of the training program.
15.580 Roster of certified telecommunicators
The justice cabinet shall maintain a roster of all certified law enforcementtelecommunicators.
15.590 Administrative regulations
KRS 15.540 to 15.580 shall be administered by the secretary of justice,who shall issue such administrative regulations as necessary regardingtraining, in-service training, and telecommunications practices.