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
(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,
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
(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
(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
(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 |