17-76-310.
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Effective 11/6/2025
17-76-310. Preparation and expiration of eligible appointment register -- Appointments from eligible appointment register -- Failure to accept appointment -- Probationary period.
(1)Upon completion of an examination, the commission shall prepare and adopt an eligible appointment register containing the names of applicants receiving a passing grade ranked in the order of grades earned, beginning with the highest.
(a)An eligible appointment register shall expire not later than two years after the date of the examination unless the commission, for good reason, extends the time not to exceed one additional year.
(b)If the commission adopts a new eligible appointment register, a previous eligible appointment register for the same class or position is cancelled.
(3)If the appointment of a peace officer is an appointment based on an examination, the appointing authority shall request that the commission certify eligible applicants for each position.
(a)The commission shall certify, to the appointing authority, a number of names equal to three times the number of allocations being filled.
(b)The names of the applicants shall be ranked in order of examination score, beginning with the name of the applicant standing highest on the eligible appointment register.
(5)The appointing authority shall select a person described in Subsection (4)(b) and appoint one person to each open position.
(6)If a certified applicant fails to accept a proffered appointment, the applicant:
(a)may request in writing that the applicant be able to retain the applicant's place on the eligible appointment register; and
(b)shall provide reasons sufficient, in the judgment of the commission, to justify the applicant's failure to accept.
(7)A peace officer appointed under Subsection
(5)shall serve a probationary period of 12 consecutive months, during which time the officer may be discharged at the appointing authority's sole discretion.
(a)At the request of the appointing authority, and with the approval of the commission, the probationary period may be extended beyond 12 months for a peace officer who has not yet satisfactorily completed an approved peace officer training program and received a certificate of completion under Title 53, Chapter 6 , Peace Officer Standards and Training Act.
(b)At the request of the appointing authority, and with the approval of the commission, the probationary period of a peace officer may be extended beyond 12 months for good cause shown.
(c)Service under a temporary or part-time appointment is not considered a part of the probationary period.
(9)If a peace officer is retained in a position after the expiration of the probationary period, the peace officer's retention constitutes appointment to merit status.
(10)A person removed from employment during the probationary period may not be placed on the eligible appointment register again without having passed another regular examination.
(11)The commission may make or adopt policies governing probationary periods for other appointments, including the appointing or transfer of a peace officer from another jurisdiction.
Renumbered and Amended by Chapter 14 , 2025 Special Session 1