HARRY HUGHES, Governor

2637

(2)  The Commission may recertify a police
[certificate] OFFICER, provided for in paragraph (6) of
subsection (d), upon:

(i) An automatic lapse of the certificate; or

(ii) A revocation of a certification.

(3)  If the certificate has lapsed, the POLICE officer
may apply for [its] recertification immediately.

(4)  If the certification has been revoked, the POLICE
officer may apply for recertification upon waiting 2 years from
the date the revocation order became effective.

(i) (1) If the certificate is in danger of lapsing    or has

lapsed because of the police officer's failure to  meet the

Commission's standards, the police officer may request a    hearing
before the commission to present evidence:

(i) That the Department unreasonably failed to
provide the officer with the required training or assigned the
officer to special duty which prevented the officer from
completing the required training to achieve this certification;
and

(ii) That this failure is through no fault of
[his own] THE POLICE OFFICER.

(2)  The Commission shall hold a hearing[. For
purposes of this subsection, the Commission shall follow the
procedures prescribed for a hearing board under the law
enforcement officer's Bill of Rights, and the officer shall be

entitled to all of the rights provided under that Act.] UNDER

THE PROVISIONS OF THE ADMINISTRATIVE PROCEDURE ACT.

(3)  If the Commission concludes that the Department
unreasonably failed to provide the police officer with the
training necessary or assigned the officer to special duty which
prevented the officer from completing the training necessary to
achieve this certification:

(i) The Commission shall stay the lapse of this
certificate until the officer and the Department meet the
Commission's training requirements;

(ii) The officer shall be retained in the
Department at full pay pending the completion of the training;
and

(iii) The Commission shall order the Department
to pay all reasonable hearing costs and attorney's fees incurred
as a result of the action.