Section 1240.140  Non-Compliance

Violation of this Part will be dealt with on an individual basis and could result in suspension of part or all LEADS capabilities, either temporarily or completely and permanently.  The Department of Law Enforcement reserves the right to suspend all or any portion of LEADS service without prior notification.

a)         Minor Violations − When a violation of the regulations in this Part occurs that does not threaten the integrity of LEADS, the LEADS Administrator will give written notice to the guilty agency explaining the violation.  Such minor violations will not justify suspension of any LEADS access or service.

b)         Repeated, Continuous, or Multiple Violations − When an agency is believed to be repeatedly or continuously in violation of the regulations in this Part or has violated multiple regulations, the Director of the Department of Law Enforcement shall set a hearing, providing the agency with at least 20 days advance written notice of the hearing date.  See Hearing Procedures (d) below.

c)         Major Violations

1)         When a violation of the regulations in this Part or related law occurs that could seriously affect the integrity of LEADS or could threaten the safety of officers or the public, the Director of the Department of Law Enforcement reserves the right to immediately suspend all or part of LEADS access or services without prior notice.  When this becomes necessary, the Director will immediately notify the suspended agency by the quickest means possible with a follow-up letter giving the following:

A)        A list of the services which have been suspended;

B)        Reasons for suspension;

C)        A hearing date which shall be within 10 days of the date of suspension.

2)         If circumstances warrant, the Director may lift the suspension prior to the hearing.  Normally, however, the suspension would remain in effect at least until the hearing has been concluded.

d)         Hearing Procedures − When a hearing has been set by the Director or his designee, the following procedures will be followed:

1)         The agency believed to be in non-compliance will appear at the hearing.

2)         Representatives of the LEADS Advisory Policy Board will present evidence that a violation has occurred or is occurring.

3)         The agency shall be given an opportunity to explain the reasons for non-compliance or explain why the agency believes that it has not committed a violation.

4)         If a violation has occurred, the agency will explain the steps taken to prevent a future violation or to eliminate non-compliance.

e)         Director's Decision

1)         At the conclusion of the hearing, the Director may:

A)        Suspend service;

B)        Find compliance;

C)        Lift a suspension already imposed;

D)        Grant a period of time to comply with the regulations.

2)         If the Director grants additional time to comply, the Director shall set a date for a subsequent hearing to review compliance with the terms of the Director's order.  At the second hearing, the Director may exercise any option he could have exercised at the original hearing.