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February 9, 2019In force

Agreement-0262-2019

Congreso Nacional

  • Decree: 0262-2019
  • Published: February 9, 2019
  • Issuing body: Congreso Nacional
  • Gazette: 34,867
  • Category: Administrative

Summary

AIThis summary was generated by AI and may contain errors. Always verify against the original law text below. Not legal advice. Learn how we use AI

This agreement establishes the Promotion Regulation for the National Police of Honduras. It defines how police officers can advance to higher ranks through a process that evaluates their conduct, efficiency, knowledge exams, physical fitness, and health. It affects all police members seeking promotions and aims to maintain quality police institutions based on merit, not influence.

Considerations

That by Legislative Decree No. 069 dated October 10, 2017, published in the Official Gazette La Gaceta No. 34,463, the Law of the Police Career was issued, which aims to regulate admission, professional development, training, instruction, as well as matters relating to promotions and the termination of the Police Career.

That this same law in its article 50 establishes that the promotions of the Categories of Subaltern Officers are granted by the President of the Republic, at the proposal of the State Secretariat in the Office of Security. The promotions of the categories of General Officers and Senior Officers are granted by the National Congress at the proposal of the Executive Power, through the State Secretariat in the Office of Security. The remaining categories are granted by the General Director of the National Police, in accordance with the respective regulation.

That the Organic Law of the National Police, in its article 18, numeral 10 establishes the creation of Regulations, Manuals and Guides for the proper functioning of the Police Institution.

That the Organic Law of the National Police, in its article 125, regarding Regulations, establishes that the Special Commission for the process of Purification and Transformation of the National Police are authorized to issue complementary Regulations, Manuals, Guides, Directives and Instructions of a transitory or permanent nature, which shall be approved by The Secretariat.

That by means of Decree 018-2017 published in the Official Gazette La Gaceta 34,463 of October 10, 2017, the Organic Law of the State Secretariat in the Office of Security and of the National Police was issued, thereby repealing Legislative Decree No. 67-2008, published in La Gaceta on October 31, 2008 and its amendments.

That the Organic Law of the State Secretariat in the Office of Security and of the National Police, in its article 125, regarding Regulations, establishes that "The Special Commission for the Process of Purification and Transformation of the National Police must prepare the regulations of this Law, which shall be approved by THE SECRETARIAT; all of the above must be carried out during the vacatio legis of this Law. Likewise, they are authorized to issue complementary Regulations, manuals, guides, directives and instructions of a transitory or permanent nature".

That article 15 of the Organic Law of the State Secretariat in the Office of Security and of the National Police created the Directorate of Police Disciplinary Affairs (DIDADPOL) as the "deconcentrated dependency of THE SECRETARIAT, financially and operationally responsible for investigating very serious and serious infractions committed by members of THE SECRETARIAT and of the Police Career, for which it must carry out all necessary actions and proceedings that establish the commission of the infraction and the responsibility of the member, guaranteeing the right --

Articles

Article 1.-

The purpose of this Regulation is to establish the bases for granting promotions in the different categories and levels of the National Police, the general and specific conditions; the procedure, respecting the order of merit in promotions and the seniority of each member of the police career; as well as the functioning of the Promotion Evaluation Bodies.

Article 2.-

This Regulation must be considered as a dynamic instrument, subject to changes that arise from the Institution's own needs and from permanent technical review to maintain its effectiveness.

Article 3.-

The Organic Law of the National Police, in its article 7 numeral 17, establishes within the functions of the Secretary of State in the Department of Security, to propose to the President of the Republic, the granting of all ranks of the officers categories in accordance with fitness and merits achieved in the career.

Article 4.-

The Police Career Law in its article 11, numeral 4 establishes as rights of the members of the police career, Promotion to positions of superior hierarchy, promotions to the immediately superior rank, training, recognition and merits, prior to compliance with the requirements established in the laws and this Regulation.

Article 5.-

With this Regulation, the stages to be followed for the granting of promotions are determined, in accordance with the Organic Law of the Secretary of State in the Department of Security and the National Police of Honduras and the Police Career Law. TITLE II PROMOTIONS CHAPTER I GENERAL PROVISIONS OF THE PROMOTION PROCESS

Article 6.-

In accordance with article 49 of the Police Career Law, promotion is a legal administrative process to qualify for the immediately superior rank and its purpose is to maintain the organic structure in the hierarchical order of the National Police, recognizing the merits of each candidate, which is regulated through the laws, this Regulation, corresponding manuals and instructions.

Article 7.-

Promotions have the following purpose:

  • 1)

    To fill the vacancies that are generated in the Institution's organic structure;

  • 2)

    To ensure the quality of the operational commands of the National Police;

  • 3)

    To establish and maintain a harmonious and professional development of the members of the Police Career.

Article 8.-

The promotions and advancement of the members of the National Police shall be granted taking into account factors such as: conduct, efficiency, special and academic merits, health conditions, physical and psychological state, training, seniority in the rank, profile, capacity and the application of a system of knowledge examinations and trust evaluation tests, with criteria for each rank. Promotion and advancement shall furthermore entail advancement to the immediately superior rank and salary increase in accordance with what is determined by the approved budget. During the process, the authority shall request from the corresponding institutions verification reports on the condition of not having open proceedings on administrative, civil or criminal matters; in addition to verifying that the promotion candidate does not have ongoing disciplinary proceedings for serious or very serious offenses, nor have been sanctioned in the immediately preceding year, nor in the year in which the rank promotion corresponds, except for acts in the fulfillment of duty and in self-defense. Likewise, those who have failed at least one of the trust evaluation tests applied during the promotion period shall have the same condition.

Article 9.-

Ranks shall be granted in strict hierarchical order, without bypassing any of the requirements and procedures necessary for the granting of ranks, these shall be governed by what is established in the laws, This Regulation and in the respective manual.

Article 10.-

As established in the Police Career Law, the duration of the police career is 35 years of active service duly accredited.

Article 11.-

The promotions of the Subordinate Officers Categories are granted by the President of the Republic, at the proposal of the Secretary of State in the Department of Security. The promotions of the categories of General Officers and Senior Officers are granted by the National Congress at the proposal of the Executive Power, through the Secretary of State in the Department of Security. The remaining categories are granted by the Director General of the National Police, all in accordance with the laws and this regulation.

Article 12.-

Members of the Police Career who have undergone the promotion process on two (2) occasions and fail to pass shall remain in the rank they hold for a period not exceeding ten (10) years, subsequently the administrative procedure shall be performed for the termination of their Police Career, for the foregoing no remedy shall be available in accordance with article 54, numeral 5 of the Police Career Law, by virtue of having achieved the time of seniority in the rank in accordance with this regulation.

Article 13.-

The Administrative, Technical or Specialized Personnel of the auxiliary employee category, who provide their services in the National Police, may opt prior to promotion requirements, to the Auxiliary Officer category, as provided in the Organic Law of the Secretary of State in the Department of Security and the National Police of Honduras, Police Career Law, this Regulation and the promotion manual.

Article 14.-

Unpaid leave shall not be computable in the time of service for purposes of seniority and promotions.

Article 15.-

The right to undergo the promotion process is acquired once all and each one of the requirements established in this regulation are met. The time of service in the rank only gives the right to the member of the police career to undergo the promotion process to the immediately superior rank. CHAPTER II GENERAL AND SPECIFIC CONDITIONS OF THE PROMOTION PROCESS OF THE MEMBERS OF THE POLICE CAREER

Article 16.-

GENERAL CONDITIONS FOR PROMOTION. The following are essential conditions to qualify for the immediately higher grade through promotion processes: 1. Not having ongoing disciplinary proceedings for Serious or Very Serious Violations. 2. Not having been sanctioned in the immediately preceding year, nor in the year in which promotion to grade is due. With respect to the preceding numerals, it is excepted that such actions were the result of the fulfillment of duty. 3. Not having failed at least one of the confidence evaluation tests applied during the promotion period; 4. Not maintaining a deficient rating in the last performance evaluation conducted prior to the promotion process; 5. Those who, having met the minimum conditions for promotion, are in the process of withdrawing from the Institution shall not be considered for promotion to the immediately higher hierarchical grade; and, 6. Members of the police career, who in the performance of duty, are injured and this causes a physical disability that prevents them from performing operational duties inherent to the police function, may be promoted to the immediately higher grade and perform administrative actions. 7. Members of the police career who lose their lives in the performance of duty shall be promoted posthumously to the immediately higher grade. 8. Others as legally established.

Article 17.-

SPECIFIC CONDITIONS TO CONSIDER IN PROMOTION EVALUATIONS. The evaluation for the Promotion process of members of the Police Career shall be carried out in an integral, systematic and continuous manner, assessing the set of attitudes, conduct and performance of members of the Police Career and is composed of the following tests: 1. Confidence test evaluation 2. Physical fitness evaluation 3. Performance evaluation 4. Evaluation of efficiency in fulfilling duty 5. Professional Training 6. Course Corresponding to the Grade 7. Knowledge tests 8. Director's Opinion 9. Presentation of Medical Evaluations 10. Other Merits and Demerits The evaluations aim to rate members of the Police Career and serve as the basis for promotion to the immediately higher hierarchical grade.

Article 18.-

SENIORITY. Seniority is the time accumulated by members of the Police Career from their entry into service, which determines the order of precedence and order of merit in promotions for purposes of promotion, appointments, courses, retirements and other benefits that correspond under Law.

Article 19.-

LIST OF CANDIDATES FOR PROMOTION. To accredit seniority, the Human Resources Directorate shall issue a list describing the general information of the candidates, as well as the date of entry and the time of service in each of the grades in which they have served, signed by the Director of said directorate.

Article 20.-

ADMINISTRATION OF EXAMINATIONS. 1. Examinations shall be held in the facilities designated for such purpose, according to prior communication. 2. The examination period shall be communicated to all participants in a timely manner so that they are available to attend them. 3. During the time that the promotion period lasts, no service or commission shall be assigned to participating personnel.

Article 21.-

POLICE TECHNICAL EXAMINATION. Technical-police knowledge examinations shall cover, among other areas, the following: 1. Training and capacity-building courses organized and/or referenced for such purpose by the National Police Education Directorate in coordination with the Human Resources Directorate, being able to advance those in the first places of achievement whose average is higher than 70 points. 2. Through examination of knowledge, aptitudes and skills through a study guide, which shall be delivered to everyone who has the right to be promoted and the corresponding study material for the hierarchy desired to be achieved, where the dates, times and places of examination shall be clearly established.

Article 22.-

MEDICAL EXAMINATION. The medical examination shall be conducted by physicians authorized by the Secretariat of Security and shall include: 1. Health examination. 2. Toxicological examination.

Article 23.-

PHYSICAL APTITUDE EXAMINATION. The physical aptitude examination shall include the following tests. 1. Endurance. 2. Flexibility. 3. Speed. 4. Strength.

Article 24.-

PSYCHOLOGICAL EXAMINATION. The psychological examination shall include the application of the necessary psychological tests to determine the capacity and aptitude to perform in the new grade.

Article 25.-

RIGHT TO RE-EVALUATION FOR PROMOTION. When a member of the police career is excluded from participating in promotion examinations and believes that he or she meets the requirements established in this regulation, or when having participated, is not promoted and believes having the right to promotion, may state this in writing directed to the Police Director for Re-evaluation, within a period not exceeding fifteen days from the date the vacancies excluding them or the non-promotion have been published.

Article 26.-

PRONOUNCEMENT ON RE-EVALUATION. Once the period referred to in the preceding paragraph has passed without any claim being made by the interested parties, the result of the promotion examinations shall be deemed accepted and consequently, all right to subsequent claim shall be lost. In the opposite case, after 15 days have passed, a period of five business days shall be given for the General Directorate to issue a pronouncement.

Article 27.-

DECISIONS ISSUED ON ACCOUNT OF RE-EVALUATION. The decisions issued on account of Re-evaluation that are not published in the General Promotion Order shall be sent to the Human Resources Directorate for registration in the corresponding personal File and notified to the interested party.

Article 28.-

RESPECT FOR THE HIERARCHICAL RANK ORDER. Promotion shall only be to the immediately higher grade, always respecting the order of the hierarchical rank of the Institution. CHAPTER III INSTRUCTION AND STUDY GUIDE

Article 29.-

DIRECTORATES RESPONSIBLE FOR THE PROMOTION PROCESS. The Human Resources Directorate in coordination with the Directorate of Planning, Operational Procedures and Continuous Improvement, who shall formulate and issue the calls, instructions and other documents that serve as the basis for promotions, specialization courses and tests to which those interested shall be subjected.

Article 30.-

INSTRUCTION. Each of the participants shall be provided with the curriculum corresponding to the hierarchy for which they aspire. Said instruction shall be delivered no later than 90 calendar days before the date on which the corresponding evaluation shall take place. CHAPTER IV OF THE CALL

Article 31.-

HUMAN RESOURCES DIRECTORATE. In accordance with article 67, numeral 10 of the Organic Law of the State Secretariat of the Office of Security and the National Police of Honduras; the Human Resources Directorate has the responsibility to guarantee an efficient promotion process for members of the police career who meet the previously established requirements and profiles. In this manner, the Human Resources Directorate in coordination with the Directorate of Planning, Operational Procedures and Continuous Improvement shall issue the call in the second half of January, initiating the promotion process for each year, where the corresponding instruction manual shall be delivered; and in the first week of February the Selection Teams shall be formed and sworn in, who shall be in charge of the promotion process. CHAPTER V PUBLICATION OF RESULTS

Article 32.-

DEADLINES. The Human Resources Directorate shall inform within a period no greater than 15 business days, counted from the date of the submission of written knowledge examinations, the grades obtained, as well as the number of vacancies and those who shall occupy them in each of the ranks, in accordance with the highest score obtained. CHAPTER VI GENERALITIES OF THE PROMOTION PROCESS FOR MEMBERS OF THE POLICE CAREER

Article 33.-

REGULATION OF THE PROMOTION PROCESS. The promotion process is regulated in the Organic Law of the State Secretariat of the Office of Security and the National Police of Honduras and its Regulations, in the Police Career Law and its Regulations, the present Regulations and the Promotion Manual.

Article 34.-

IMPOSSIBILITY FOR PROMOTION. There may be no promotion in rank without proof of service rendered in the immediately lower rank.

Article 35.-

SANCTION FOR REQUESTING PROMOTION WITHOUT FOLLOWING THE LEGAL PROCEDURE. No member of the police career, even if of recognized merits, may request promotion by making use of political influence or other means to obtain it. Once proven, they shall be sanctioned in accordance with the fault committed.

Article 36.-

SENIORITY IN RANK. Seniority for promotion is determined by the total time they have served in the rank and in accordance with the order of merit obtained in the promotion process.

Article 37.-

NOTIFICATION OF FAILURE IN THE PROMOTION PROCESS. The Human Resources Directorate of the National Police shall notify in writing the cause or reason for Not Qualified to members of the police career who failed in the evaluation for promotion to the immediately higher rank. In the same manner, members of the police career who were found Qualified in the promotion process shall be notified.

Article 38.-

ANNUAL VACANCIES. Annually the Director General shall determine the number of vacant positions for each position, taking into account the budget of the Institution and its needs.

Article 39.-

ORDER FOR VACANCIES. Vacancies shall be filled in accordance with the Police Roster, General Order of Merits and the procedures provided in this Regulations and the respective manual.

Article 40.-

DETERMINATION OF POSITIONS. The positions for promotions shall be determined by the vacancies published by the General Order of the day, issued by the General Directorate of the National Police, in accordance with the police roster. CHAPTER VII OF THE CATEGORIES AND TIME OF SERVICE

Article 41.-

CATEGORIES. For the promotion process of members of the police career the following categories shall be considered in accordance with article 18 of the Police Career Law and its Regulations: 1. Category of General Officers 2. Category of Senior Officers 3. Category of Subaltern Officers 4. Category of Police Non-Commissioned Officers 5. Category of Police Classes and Agents

Article 42.-

PROFESSIONAL CLASSIFICATION. In accordance with article 19 of the Police Career Law, the Professional Classification of members of the Career is as follows:

  • 1)

    Regular Officers;

  • 2)

    Service Officers;

  • 3)

    Auxiliary Officers;

  • 4)

    Class Category;

  • 5)

    Police Agent;

  • 6)

    Security Agents in Facilities and Personalities;

  • 7)

    Technicians; and, 8. Auxiliary Personnel.

Article 43.-

PROMOTIONS IN THE OFFICER CATEGORIES. In accordance with article 84 of the Police Career Regulations, promotions in the Officer categories shall be carried out as follows: 1. Regular Officers: Upon compliance with the legal requirements, they may be promoted from the rank of Sub-Inspector to the rank of Director General; and the time required for each rank is presented in the following Table:

The calculation of the total time in rank may not exceed the maximum legally established period of service of thirty-five (35) years. To be candidates for the rank of General Commissioner, at least two (2) years must be spent in the rank of Police Commissioner. 2. Service Officers: Promotion shall be carried out from the rank of Sub-Inspector to the rank of Police Commissioner and the time required for each rank is presented in the following Table:

3. Auxiliary Officers: Promotion shall be carried out from the rank of Auxiliary Sub-Inspector to the rank of Auxiliary Commissioner.

Article 44.-

PROMOTION FOR NON-COMMISSIONED OFFICERS, CLASSES AND POLICE AGENTS. In accordance with article 85 of the Police Career Regulations for Non-Commissioned Officers, Classes and Police Agents, the time required in rank for promotion to the immediately higher rank is presented in the following table:

CHAPTER VIII EVALUATION OF PROMOTION CANDIDATES PRELIMINARY PROCEDURE

Article 45.-

EVALUATION. Evaluation is a continuous and permanent process, through which value judgments are issued, based on information from different sources, in order to determine the professional, moral, intellectual, physical, personal and other conditions of police personnel oriented to improving the quality of their performance, as required by the respective Laws, Regulations and manuals.

Article 46.-

ELEMENTS OF EVALUATION. The evaluation for promotion in the National Police of Honduras comprises the Rating and Classification in accordance with this Regulation and respective Promotion Manual.

Article 47.-

RATING. The rating is the result of professional performance and conduct, assigned by the corresponding immediate Chief or Superior Hierarchical Officer of the police, administrative or operational unit to which the rated person belongs, based on a comprehensive and ongoing evaluation of personnel. It must include professional performance, morality observed in the fulfillment of duties, initiatives contributed, intellectual preparation and progress, and physical and personal aptitudes demonstrated in the daily exercise of the police profession.

Article 48.-

RATING PERIOD. It shall be comprised between January 1st and December 31st of each year and must be sent by each police unit to the Human Resources Directorate no later than January 3rd of each year.

Article 49.-

DIGITALIZATION OF RATINGS. The ratings referred to in the preceding article shall be digitalized by the Human Resources Directorate no later than January 30th of the year immediately following the rating year. Non-compliance with this obligation shall be sanctioned in accordance with the Law and Regulations; however, in no case may it affect the right of unrated police officers.

Article 50.-

RATING FOR PROMOTION TO THE IMMEDIATE SUPERIOR RANK. The rating is the result of all evaluations conducted during the respective promotion process, and the failure of any of these evaluations shall result in the candidate being considered unfit for the immediate superior rank.

Article 51.-

REGISTRATION AND DETERMINATION OF RATING. It is the responsibility of the Human Resources Director in coordination with the Directorate of Planning, Operational Procedures and Continuous Improvement, exclusively and under strict responsibility, to propose the lists of promotion candidates with their respective annual ratings to the Promotion Selection Teams, who shall send the final report of the promotion process to the Human Resources Directorate, which shall elevate it to the Directing Council and General Promotion Council for respective approval, who in turn shall send it to the Strategic Board for the preparation of the Final Technical Opinion.

Article 52.-

MERIT ORDER. It is the result of comprehensive and ongoing evaluation of police personnel; its purpose is to order it in accordance with their ratings and antecedents, such as: conduct, efficiency, special merits, academic achievements, health conditions, physical and psychological status, training, seniority in rank, profile, capacity and the application of an examination system with criteria for each rank, in order to place it on the corresponding lists, in accordance with this Regulation and respective Promotion Manual. Classification is the responsibility of the Promotion Evaluation Bodies and precedes the preparation of the definitive promotion lists.

Article 53.-

FINAL EVALUATION OF MERIT ORDER. It must be understood as the final evaluation of each and every one of the tests specified in Article 17, which develops the Specific Conditions for Promotion.

Article 54.-

MINIMUM SCORES FOR PROMOTION. For the right to promotion to the immediate superior rank, a minimum score of 70 points must be obtained for the Rating and minimum 70 points in each and every one of the Classification Evaluations.

Article 55.-

EVALUATION RESULT. It is the nominal ordering of members of the police career within their promotion, as a result of the respective rating and classification. Score Classification according to the following table: From 100 to 90 Points - Outstanding. From 89 to 80 Points - Very Good. From 79 to 70 Points - Good. From 69 to 00 Points - Failed.

Article 56.-

PROMOTION. Promotion shall be understood as the number of individuals promoted in the same Decree or Agreement in the same rank and on the same date.

Article 57.-

PRELIMINARY LIST. It is the list of members of the police career belonging to the same promotion who have met the Rating requirements established in this Regulation, sent by the Human Resources Directorate to the promotion selection teams.

Article 58.-

DEFINITIVE PROMOTION LIST. It is the one resulting from the sum of all evaluations conducted by the selection teams and in accordance with the final report of the General Promotion Council, according to the procedure established in this Regulation and the respective Promotion Manual. CHAPTER IX EVALUATION SYSTEM

Article 59.-

EVALUATION. The evaluation for the Promotion process of members of the Police Career shall be conducted in a comprehensive, systematic and continuous manner, assessing the set of attitudes, conduct and performance of members of the Police Career and is composed of the following tests: 1. Evaluation of confidence tests 2. Evaluation of physical sufficiency 3. Evaluation of performance 4. Evaluation of efficiency in the fulfillment of duty 5. Professional Training 6. Course Corresponding to the Rank 7. Knowledge tests 8. Director's Concept 9. Presentation of medical evaluations 10. Other Merits and Demerits. The evaluations aim to rate members of the Police Career and serve as the basis for promotion to the immediate superior hierarchical rank. For purposes of rating the Director's concept, each Director of the Strategic Board and National Directors shall be in charge of conducting the evaluation equivalent to 5 points for the officer in the promotion process.

Article 60.-

FINAL SCORE FOR PROMOTION. It is the result of the sum of all evaluation conditions conducted by the Selection Teams contemplated in the present regulation, reviewed by the General Promotion Council.

Article 61.-

FORMS. These are the guides or evaluation tools by means of which the Selection Teams carry out the sum of all aspects and conditions that are evaluated in candidates undergoing promotion.

Article 62.-

RESULT OF PROMOTION EVALUATIONS. The result of the evaluations carried out by the Promotion Selection Teams must be sent to the Human Resources Directorate for digitization and these in turn to the Promotion Director Council.

Article 63.-

EVALUATION OF THE PRELIMINARY LIST AND SUPPORTING DOCUMENTATION. The Promotion Selection Teams shall be informed of the preliminary lists (Rating) and all supporting documentation, understood to mean results of the Classification tests, sent by the Human Resources Directorate and the Directorate of Planning, Operational Procedures and Continuous Improvement, for their respective review and approval.

Article 64.-

LACK OF VACANCIES. The lack of vacancies shall not constitute an impediment to initiating or continuing the promotion process for a given promotion class. TITLE III OF THE EVALUATION BODIES OF THE PROMOTION PROCESS -- CHAPTER I PROMOTION EVALUATION BODIES

Article 65.-

DEFINITION. These are Commissions that have the responsibility of determining compliance with the General Conditions, Specific Conditions, Rating and Classification for the promotions of members of the Police Career, considered fit for the next higher rank, within the respective scales in accordance with the standards established in this Regulations.

Article 66.-

EVALUATION BODIES OF THE PROMOTION PROCESS. The evaluation bodies of the promotion process for members of the Police Career are: 1. Promotion Selection Teams 2. Promotion Director Council 3. General Promotion Council

Article 67.-

PROMOTION SELECTION TEAM: Shall be responsible for evaluating all documentary information; understood to mean General Conditions, Specific Conditions, Rating and Classification.

Article 68.-

PROMOTION DIRECTOR COUNCIL. Shall be responsible for reviewing all evaluation reports submitted by the Selection Teams and reports of administrative and legal procedures and results of confidence tests.

Article 69.-

GENERAL PROMOTION COUNCIL. Shall be responsible for reviewing all observations and recommendations made by the Director Council, of the final report of the candidates in the promotion process.

Article 70.-

MEMBERS OF THE EVALUATION BODIES. The Promotion evaluation bodies shall be integrated by means of an Agreement issued by the Secretary of State in the Office of Security at the request of the General Director, and these shall be composed in the following manner:

Article 71.-

OPENING OF THE PROMOTION PROCESS. The General Director of the National Police shall submit to the Secretary of State in the Office of Security a request for approval of the opening of the promotion process, in the first quarter of each year, attaching as an annex a detailed instruction of the process to be carried out and the Activity Schedule, who in turn shall approve, disapprove or modify the proposal within a period of no more than 15 business days.

Article 72.-

MODIFICATIONS, CORRECTIONS, OBSERVATIONS. The modifications, corrections, observations made by the Secretary of State in the Office of Security must be based on legal aspects such as: Violations of the Procedure established in this Regulations, of Constitutional Rights and Guarantees, of the non-Observance of Legal Disqualifications, duly proven and other aspects that in accordance with law must be observed imperatively.

Article 73.-

APPROVAL OF THE PROMOTION PROCESS. Once the request for the initiation of the promotion process is approved by the Secretary of State in the Office of Security, the General Director shall, for the instructions to the promotion evaluation bodies, order that they proceed to carry out the tasks that in accordance with the procedure established in this Regulations and respective Promotion Manual.

Article 74.-

CLOSING RECORD OF THE PROCESS. Once all and each of the tasks comprising the promotion process are completed, the General Promotion Council shall proceed with the preparation of the process closing record, which must be signed by the members, immediately following, the promotion proposal file shall be numbered which must be sent to the General Director of the Police, who in turn sends the proposal to the Secretary of State in the Office of Security for the corresponding procedures.

Article 75.-

FACTORS OF PROFILE AND PHYSICAL CAPACITY. The profile and Capacity shall be appreciated by all evaluation bodies. Considering the following factors: 1. The performance demonstrated in physical capacity tests 2. An adequate relationship between height and weight.

Article 76.-

NOT SUITABLE FOR THE PRACTICE OF PROFILE AND PHYSICAL CAPACITY TESTS. The condition of incapacity, which makes it impossible to practice the Profile and Capacity tests, demonstrated through Certification of approved Medical Services, shall not prevent the evaluation of profile and Capacity; therefore, in case the condition is accredited, the evaluation shall proceed with a minimum score of 70 points for said test. Sick leave notices or medical licenses for illnesses that do not result from accidents in acts of service or consequences thereof, in case of doubt, may request the medical opinion deemed appropriate by the Director General of the National Police; which shall be added to the classification or candidate for the Promotion process. TITLE IV FINAL PROVISIONS

Article 77.-

INCORPORATION OF LEGAL NORMS IN THIS REGULATION. In this Regulation of Promotions of the National Police, the legal norms in effect and other instruments of internal application that are issued henceforth to regulate the procedures and forms for the promotion process are understood to be incorporated as a matter of law.

Article 78.-

POSSIBILITY OF REFORMS. This regulation may be reformed at any time, applying the procedural norms that were used for its approval, provided that such reforms do not restrict, diminish, or misrepresent the rights that by Law correspond to the members of the police career, as well as what is established in this Regulation.

Article 79.-

COMPLEMENTARITY. What is not provided for in this Regulation shall be regulated by the legal provisions established in the Constitution of the Republic, Organic Law of the State Secretariat of the Department of Security and of the National Police and its regulations, Law of the Police Career and its regulations, Administrative Procedure Law and other applicable administrative laws, provided that they do not contradict the independence and nature of the State Secretariat of the Department of Security and the National Police.

Article 80.-

EFFECTIVE DATE. This Regulation shall be published in the Official Gazette and shall enter into force on the day of its publication. BE IT PUBLISHED. JULIAN PACHECO TINOCO State Secretary of the Department of Security MANUEL DE JESÚS LUNA GUTIERREZ General Secretary Department of Security AGREEMENT No. 0263-2019 STATE SECRETARIAT OF THE DEPARTMENT OF SECURITY COMAYAGÜELA, M.D.C. JANUARY 31, 2019 WHEREAS: By means of Decree 018-2017 published in the Official Gazette La Gaceta 34,463 of October 10, 2017, the Organic Law of the State Secretariat of the Department of Security and of the National Police was issued, thereby repealing Legislative Decree No. 67-2008, published in La Gaceta on October 31, 2008 and its reforms. WHEREAS: The Organic Law of the State Secretariat of the Department of Security and of the National Police, in its Article 125, regarding Regulations, establishes that "The Special Commission for the Purification and Transformation Process of the National Police must prepare the regulations of this Law, which shall be approved by THE SECRETARIAT; all of the above must be done during the vacatio legis of this Law. They are equally empowered to issue complementary Regulations, manuals, guides, directives and instructions of a temporary or permanent nature". WHEREAS: Article 15 of the Organic Law of the State Secretariat of the Department of Security and of the National Police, created the Direction of Police Disciplinary Affairs (DIDADPOL) as the "deconcentrated unit of THE SECRETARIAT, financial and operational in charge of investigating very serious and serious infractions committed by members of THE SECRETARIAT and of the Police Career, for which it must carry out all necessary actions and proceedings that prove the infraction committed and the responsibility of the member guaranteeing the right

Notes

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