CERTIFIED AGENTS


§ 21.11. Applicant qualification requirements.

 A person who desires to be certified by the Commissioner under the act must satisfy the following requirements:

   (1)  Age. The applicant must be at least 18 years of age.

   (2)  Documents and fees. The applicant must properly complete all necessary application documents and tender appropriate fees.

   (3)  Physical standard. The applicant must be personally examined by a doctor of medicine licensed by the Pennsylvania Board of Medical Education and Licensure or a doctor of osteopathy licensed by the Pennsylvania Board of Osteopathic Examiners and found to be physically fit to handle a lethal weapon. The examination shall include the following elements:

     (i)   Neurological condition. The applicant must be free from a debilitating condition, such as tremor, uncoordination, convulsion, fainting episodes, and the like.

     (ii)   Cardiovascular condition. The applicant’s physical condition must be such that he could reasonably be expected to withstand significant cardiovascular stress.

     (iii)   Intoxicants. The applicant must be free from the addictive or excessive use of either alcohol or drugs.

     (iv)   Visual acuity. The applicant must have a visual acuity of at least 20/70, uncorrected in the stronger eye, correctable to at least 20/20; and 20/200, uncorrected in the weaker eye, correctable to at least 20/40, and must be free of any significant visual abnormality.

     (v)   Audio acuity. The applicant must be able to distinguish a normal whisper at a distance of 15 feet. The test shall be independently conducted for each ear while the tested ear is facing away from the speaker and the other ear is firmly covered with the palm of the hand.

     (vi)   Other conditions. The applicant must be free from any other significant physical defect or disorder which would, in the physician’s opinion, impair the applicant’s ability to handle a lethal weapon.

     (vii)   Submission. The examining physician must forward the physical examination form to the Department within 15 days, even if the applicant is found to be unfit. The Commissioner may utilize the results of the physical examination for up to 6 months from the date of the examination after which the applicant must be reexamined.

   (4)  Psychological standard. The applicant shall be personally examined by a psychologist who is licensed by the Pennsylvania Board of Psychologist Examiners and found to be psychologically capable to exercise appropriate judgment or restraint to handle a lethal weapon at the time of the examination. The examination shall include the following elements:

     (i)   Interview and history. The psychologist must personally interview the applicant, which interview shall include a summary of the applicant’s personal, educational, employment, and criminal history, if any.

     (ii)   Required personality test. The applicant must be administered any current standard form of the Minnesota Multiphasic Personality Inventory (MMPI) which shall be administered by the licensed psychologist or a paraprofessional employed by and under the direct control and supervision of the licensed psychologist.

     (iii)   Other testing methods. If the licensed psychologist is unable to certify the applicant’s psychological capability or risk to exercise appropriate judgment and restraint in the handling of a lethal weapon at this time, after conducting the test, the psychologist must personally employ whatever other psychological measuring instruments and techniques are deemed necessary to form his professional opinion. The use of these instruments and techniques requires a full and complete written explanation to the Department.

     (iv)   Submission. The examining psychologist must forward the psychological examination form to the Department within 15 days of the examination, even if the applicant is found to be psychologically at risk. The Commissioner may utilize the results of the psychological examination for up to 6 months from the date of the examination after which the applicant must be reexamined. No person who has been found psychologically at risk in the exercise of appropriate judgment and restraint in the handling of a lethal weapon may reapply for certification until after 1 year from the date of being found psychologically at risk.

   (5)  Criminal conviction standard. A review must be made of the applicant’s criminal history record, if any, to determine qualification for certification. The criminal history review shall be based upon the record of conviction, if any, generated by the classification and subsequent examination of the applicant’s fingerprints or another valid method. A person whose criminal history record evidences a conviction for a disqualifying criminal offense may be barred from certification under the act.

   (6)  Training. The applicant must successfully complete the training program prescribed by the Commissioner.

Notes of Decisions

   Visual Acuity

   Federal regulations regarding visual acuity standards for persons to carry lethal weapons at atomic facilities do not preempt the State’s standards. Demmy v. State Police, 611 A.2d 782 (Pa. Cmwlth. 1992).

Cross References

   This section cited in 37 Pa. Code §  21.21 (relating to conditions of certification).



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