S.C. Code Regs. 37-024. Investigation of Events Requiring Withdrawal of Certification; Notification to Officer

A. Upon receipt of a report pursuant to R.37-023, or if an officer willfully provides materially false information to the Criminal Justice Academy, the Council may initiate an investigation into reported events which require withdrawal of the law enforcement officer’s certification. B. The Director and/or Council may suspend the certification of any law enforcement officer pending the outcome of an investigation initiated pursuant to paragraph (A) above. C. A law enforcement officer who is the subject of an investigation shall be notified of its initiation on a form prescribed by the Council, sent by certified mail to the current address on file at the Academy, return receipt requested, as soon as practicable after the investigation is initiated. D. Duplicate of such notice shall be sent, in the same manner prescribed in paragraph (C) above, to the current sheriff or chief executive officer of the employing agency or department of the law enforcement officer. E. The Council may direct that the investigation, on its behalf, be conducted. The investigation shall be sent to the Council for its confidential use and review. F. Where the Council’s investigation indicates that withdrawal of the law enforcement officer’s certification is not warranted, the Council shall notify the law enforcement officer and the sheriff or chief executive officer of the employing law enforcement agency of its finding, in accordance with the notice provisions of paragraphs (C) and (D) above. G. Where the Council’s investigation indicates that withdrawal of the law enforcement officer’s certification is warranted, the Council shall proceed in accordance with R.37-027. H. Where the Council’s investigation indicates that withdrawal of the law enforcement officer’s certification is warranted, due to the law enforcement officer willfully providing materially false information to the Criminal Justice Academy, and the officer requests a contested case hearing pursuant to R.37-101, an attorney from the Criminal Justice Academy shall prosecute the allegation pursuant to R.37-103 and a member of the Council shall be the hearing officer.