CHAPTER Saf-C 700  RULES FOR RAILROAD POLICE

 

Statutory Authority:  RSA 21-P:14, II(p) and RSA 381:11

 

PART Saf-C 701  DEFINITIONS

 

          Saf-C 701.01  Chapter Definitions.  The following terms shall be construed as set forth unless the text clearly indicates otherwise:

 

          (a)  "Applicant" means a person intending to fulfill the statutory and administrative requirements to obtain an appointment within the meaning of RSA 381:2;

 

          (b)  "Commissioner" means the commissioner of the department of safety or a designee thereof;

 

          (c)  "Department" means the New Hampshire department of safety;

 

          (d)  "Officer" means a person holding a valid commission as a railroad police officer; and

 

          (e)  "Railroad" means “railroad” as defined in RSA 381:1.

 

Source.  #2281, eff 1-16-83; ss by #2790, eff 8-2-84; ss by #5067, eff 2-21-91; ss by #6456, INTERIM, eff 2-21-97, EXPIRED: 6-21-97; ss by #6473, eff 3-25-97, EXPIRED:
3-25-05

 

New.  #8776, eff 12-23-06; ss by #10889, eff 7-16-15

 

PART Saf-C 702  APPLICATION

 

          Saf-C 702.01  Application: Where Available.  Application forms for police commission shall be made available at the office of the commissioner, James H. Hayes Building, 33 Hazen Drive, Concord, New Hampshire 03305, or online at http://www.nh.gov/safety/commissioner/rrpolice/documents/rrapp.pdf.

 

Source.  #2281, eff 1-16-83; ss by #2790, eff 8-2-84; ss by #5067, eff 2-21-91; ss by #6456, INTERIM, eff 2-21-97, EXPIRED: 6-21-97; ss by #6473, eff 3-25-97, EXPIRED:
3-25-05

 

New.  #8776, eff 12-23-06; ss by #10889, eff 7-16-15

 

          Saf-C 702.02  Application Data Required.

 

          (a)  The chief of the  railroad police, on behalf of an applicant, shall complete Section I. of form DCOM 14 “Request for Railroad Police Commission”, effective May 2007.

 

          (b)  The chief of the railroad police shall affix his signature on form DCOM 14 and provide the date and his position. By providing his or her signature, the chief is declaring that the applicant listed in the application is in good standing with the railroad and that he or she recommends the applicant for the commission of railroad police officer by the state of New Hampshire.

 

          (c)  An applicant shall complete section II of form DCOM 14 “Request for Railroad Police Commission”, effective May 2007.

 

          (d)  The applicant shall attach:

 

(1)  A copy of either a diploma or a certificate of completion from a state approved basic police academy training program in this or another state; and

 

(2)  A resume, or list on an attached piece of paper of all prior work experience in active law enforcement, including:

 

a.  Employer’s name;

 

b.  Employer’s address;

 

c.  Employer’s telephone number; and

 

d.  Dates of service.

 

          (e)  The applicant shall affix the date and his or her signature affirming, under penalties of unsworn falsification pursuant to RSA 641:3, that the contents of the application are true and correct to the best of his or her knowledge and that there is no current or pending charges or conditions that would disqualify the applicant from being commissioned as a railroad police officer.

 

          (f)  An authorized individual from the Police Standards and Training Council shall complete section III of form DCOM 14 “Request for Railroad Police Commission”, effective May 2007.  The authorized individual shall affix his or her signature, his or her position and date. By providing his or her signature, the individual is declaring that the Police Standards and Training Council has reviewed the applicant’s qualification and determined that the individual has successfully completed such training as the Council determines for certification as a police officer in accordance with RSA 188-F.

 

Source.  #2281, eff 1-16-83; ss by #2790, eff 8-2-84; ss by #5067, eff 2-21-91; ss by #6456, INTERIM, eff 2-21-97, EXPIRED: 6-21-97; ss by #6473, eff 3-25-97, EXPIRED:
3-25-05

 

New.  #8776, eff 12-23-06; ss by #10889, eff 7-16-15

 

          Saf-C 702.03  Submitting the Application.

 

          (a)  The application shall be submitted to the:

 

Office of the Commissioner, Department of Safety

James H. Hayes Building

33 Hazen Drive

Concord, New Hampshire 03305.

 

          (b)  If an application is found to be incomplete, the railroad shall be notified in writing within 30 days of the date the application is received by the department.

 

Source.  #2281, eff 1-16-83; ss by #2790, eff 8-2-84; ss by #5067, eff 2-21-91; ss by #6456, INTERIM, eff 2-21-97, EXPIRED: 6-21-97; ss by #6473, eff 3-25-97, EXPIRED:
3-25-05

 

New.  #8776, eff 12-23-06; ss by #10889, eff 7-16-15

 

          Saf-C 702.04  Cut-Off Date for Non-Certified Applicant.  Pursuant to RSA 381:4, after August 21, 1979, no person shall be eligible for appointment as a railroad police officer unless such person is a certified police officer in accordance with RSA 188-F or the law of another state.

 

Source.  #2281, eff 1-16-83; ss by #2790, eff 8-2-84; ss by #5067, eff 2-21-91; ss by #6456, INTERIM, eff 2-21-97, EXPIRED: 6-21-97; ss by #6473, eff 3-25-97, EXPIRED:
3-25-05

 

New.  #8776, eff 12-23-06; ss by #10889, eff 7-16-15

 

PART Saf-C 703  COMMISSIONS

 

          Saf-C 703.01  Granting Commissions.

 

          (a)  Upon receipt of a completed application the commissioner shall, in a timely fashion but no later than 60 days after receiving the application, grant the railroad police commission so long as none of the conditions in Saf-C 704.01 (a) exist and advise the applicant of a time to appear at the department, James H. Hayes Building, 33 Hazen Drive, Concord, New Hampshire 03305.

 

          (b)  Upon personal appearance, an oath shall be administered and a certificate of commission issued to the applicant.

 

Source.  #2281, eff 1-16-83; ss by #2790, eff 8-2-84; ss by #5067, eff 2-21-91; ss by #6456, INTERIM, eff 2-21-97, EXPIRED: 6-21-97; ss by #6473, eff 3-25-97, EXPIRED:
3-25-05

 

New.  #8776, eff 12-23-06; ss by #10889, eff 7-16-15

 

          Saf-C 703.02  Certificate of Commission.  The certificate of commission shall contain the following:

 

          (a)  Name of the railroad concerned;

 

          (b)  Name and signature of the officer;

 

          (c)  Name and signature of the commissioner;

 

          (d)  The oath administered;

 

          (e)  The date of the commission; and

 

          (f)  The signature of the justice of the peace.

 

Source.  #2281, eff 1-16-83; ss by #2790, eff 8-2-84; ss by #5067, eff 2-21-91; ss by #6456, INTERIM, eff 2-21-97, EXPIRED: 6-21-97; ss by #6473, eff 3-25-97, EXPIRED:
3-25-05

 

New.  #8776, eff 12-23-06; ss by #10889, eff 7-16-15

 

          Saf-C 703.03  Termination of Authority.

 

          (a)  Pursuant to RSA 381:10, within 10 days after termination of employment of any railroad police officer, the railroad shall file notice of termination at the:

 

Office of the Commissioner

Department of Safety

James H. Hayes Building

33 Hazen Drive

Concord, New Hampshire 03305.

 

          (b)  Notices of termination filed with the commissioner shall include:

 

(1)  The name of the former officer;

 

(2)  The date of termination;

 

(3)  The name of the railroad; and

 

(4)  The signature and name of the chief police officer.

 

Source.  #2281, eff 1-16-83; ss by #2790, eff 8-2-84; ss by #5067, eff 2-21-91; ss by #6456, INTERIM, eff 2-21-97, EXPIRED: 6-21-97; ss by #6473, eff 3-25-97, EXPIRED:
3-25-05

 

New.  #8776, eff 12-23-06; ss by #10889, eff 7-16-15

 

          Saf-C 703.04  Rescission of Authority.

 

          (a)  Upon receipt of the notice of termination, the commissioner shall:

 

(1)  Rescind the former officer's commission; and

 

(2)  Give notice to the former officer thereof.

 

          (b)  The former officer shall return the certificate of commission to the department within 7 days.

 

Source.  #2281, eff 1-16-83; ss by #2790, eff 8-2-84; ss by #5067, eff 2-21-91; ss by #6456, INTERIM, eff 2-21-97, EXPIRED: 6-21-97; ss by #6473, eff 3-25-97, EXPIRED:
3-25-05

 

New.  #8776, eff 12-23-06; ss by #10889, eff 7-16-15

 

PART Saf-C 704  RESCINDING AUTHORITY

 

          Saf-C 704.01  Rescinding Authority for Cause.

 

          (a)  The commissioner shall, after opportunity for hearing as prescribed in Saf-C 200, rescind an officer's commission upon finding:

 

(1)  That, subsequent to commission, an officer has been convicted of a criminal offense in this or any other jurisdiction;

 

(2)  That an officer has engaged in any activities that are contrary to the public's safety or to the orderly administration of justice;

 

(3)  That the officer’s chief police officer so recommends, in writing, the reasons an officer’s commission should be rescinded;

 

(4) That the officer has refused or neglected to complete any mandatory training programs required by the New Hampshire police standards and training council pursuant to its statute or administrative rules; or

 

(5)  The officer is no longer certified, in accordance with RSA 188-F or the equivalent law of another state, or whose certification has been suspended or revoked by the law enforcement training and certification agency in this or another state.

 

Source.  #2281, eff 1-16-83; ss by #2790, eff 8-2-84; ss by #5067, eff 2-21-91; ss by #6456, INTERIM, eff 2-21-97, EXPIRED: 6-21-97; ss by #6473, eff 3-25-97, EXPIRED:
3-25-05

 

New.  #8776, eff 12-23-06; ss by #10889, eff 7-16-15

 

          Saf-C 704.02  Return of Certification Required.

 

          (a)  In the event that a commission is rescinded, the former officer shall return the certificate of commission to the commissioner.

 

          (b)  Such a person shall be ineligible for a new commission unless the commissioner, after a hearing as prescribed in Saf-C 200, finds that the person should again be commissioned in accordance with these rules.

 

          (c)  Such person shall not be eligible for a hearing, as prescribed in (b) above, for a period of one year from the original rescission of authority.

 

Source.  #2281, eff 1-16-83; ss by #2790, eff 8-2-84; ss by #5067, eff 2-21-91; ss by #6456, INTERIM, eff 2-21-97, EXPIRED: 6-21-97; ss by #6473, eff 3-25-97, EXPIRED:
3-25-05

 

New.  #8776, eff 12-23-06; ss by #10889, eff 7-16-15

 

PART Saf-C 705  RULES OF CONDUCT

 

          Saf-C 705.01  Identification.

 

          (a)  Railroad police officers shall give their name, rank, and duty station to any person who requests such identifying information while on duty, except when serving in an undercover capacity.

 

          (b)  Railroad police officers shall not allow:

 

(1)  Any other person to use the railroad police officer's badge;

 

(2)  Any other person to use any other means of personal identification belonging to the railroad police officer; or

 

(3)  Such badge or identification to be reproduced.

 

Source.  #2281, eff 1-16-83; ss by #2790, eff 8-2-84; ss by #5067, eff 2-21-91; ss by #6456, INTERIM, eff 2-21-97, EXPIRED: 6-21-97; ss by #6473, eff 3-25-97, EXPIRED:
3-25-05

 

New.  #8776, eff 12-23-06; ss by #10889, eff 7-16-15

 

          Saf-C 705.02  Cooperation with Other Law Enforcement Agencies.

 

          (a)  Railroad police officers shall cooperate fully at all times with state police, county sheriffs, and local police departments when working within the jurisdiction of such department.

 

          (b)  Railroad police officers shall:

 

(1)  Not conceal evidence of any crime from another law enforcement agency; and

 

(2)  Report all crimes discovered by them to the state police and the appropriate local police agency having jurisdiction.

 

Source.  #2281, eff 1-16-83; ss by #2790, eff 8-2-84; ss by #5067, eff 2-21-91; ss by #6456, INTERIM, eff 2-21-97, EXPIRED: 6-21-97; ss by #6473, eff 3-25-97, EXPIRED:
3-25-05

 

New.  #8776, eff 12-23-06; ss by #10889, eff 7-16-15

 

          Saf-C 705.03  Rule Violations.

 

          (a)  The commissioner shall, after an opportunity for hearing as prescribed in Saf-C 200, suspend an officer's commission on finding that an officer has engaged in any activities that constitute a violation of these rules.

 

          (b)  Such commission shall be suspended for a period not to exceed one year from the date of hearing.

 

Source.  #2281, eff 1-16-83; ss by #2790, eff 8-2-84; ss by #5067, eff 2-21-91; ss by #6456, INTERIM, eff 2-21-97, EXPIRED: 6-21-97; ss by #6473, eff 3-25-97, EXPIRED:
3-25-05

 

New.  #8776, eff 12-23-06; ss by #10889, eff 7-16-15

 

 


APPENDIX

 

Rule

Statute

 

 

Saf-C 701.01

RSA 541-A:7

Saf-C 702.01

RSA 381:2

Saf-C 702.02(a) & (c)

RSA-A 541-A:19-b

Saf-C 702.02(b)(d)(e)(f)

RSA 381:4

Saf-C 702.03

RSA 381:2

Saf-C 702.04

RSA 381:4

Saf-C 703.01

RSA 381:16

Saf-C 703.02

RSA 541-A:16, I(b)(1)

Saf-C 703.03 & 703.04

RSA 381:10

Saf-C 704.01

RSA 541-A:30 & RSA 381:2

Saf-C 704.02

RSA 381:2

Saf-C 705.01

RSA 381:2; RSA 381:7 ; RSA 381:12

Saf-C 705.02

RSA 381:2

Saf-C 705.03

RSA 541-A:30 & RSA 381:2