agency-1110•Tenn. Comp. R. & Regs. 1110 — Peace Officer Standards and Training
Tenn. Comp. R. & Regs. 1110 — Peace Officer Standards and Training
agency-1110Tenn. Comp. R. & Regs. 1110Regulation
Chapter 1110-01 Definitions
Tenn. Comp. R. & Regs. 1110-01-.01 DEFINITIONS
(1) “Advanced Course” means a course of study and instruction resulting in the development of a high degree of proficiency and expertise in a particular area of professional endeavor recognized by the Commission.
(2) “Approved School” means any law enforcement training unit, academy, university or college, technical or trade school, or similar school recognized by the Commission.
(3) “Basic Law Enforcement Course” means the minimum course of study and instruction required for certification of a law enforcement officer.
(4) “Break in Service” means: (1) any break in full-time law enforcement employment, including the mere changing of employers for grandfathered officers; and (2) any break in full-time law enforcement service for certified officers.
(5) “Certificate of Compliance” means a written statement issued by the Commission testifying to the accreditation of an approved school, instructor, student, or trainee.
(6) “Certification” means the designation conferred by the Commission on a person who has successfully completed a minimum, advanced, or specialized course of study and instruction required for a law enforcement officer in the State of Tennessee, and who meets all applicable requirements of T.C.A. §§ 38-8-106 and 38-8-107, and Tenn. Comp. R. & Regs. 1110-02 and 1110-03.
(7) “Commission” means the Tennessee Peace Officer Standards and Training Commission, or employees acting on its behalf.
(8) “Curriculum” means a program of study that will achieve the minimum standard requirements promulgated by the Commission.
(9) “Department” and “Agency” mean any state, municipal, county, airport, or public safety agency, or any other law enforcement agency established, created, or recognized by state law employing law enforcement officers and required to be certified under the minimum standards as outlined by state law and Commission rules.
(10) “Equivalent of a High School Diploma” means a General Education Development (GED®) diploma.
(11) “Exempt/Exempted” means any officer who was employed after July 1, 1970, but prior to July 1, 1982. These officers are not required to be certified and are not entitled to salary supplement, unless they meet pre-employment requirements and either: (1) attend basic police training; or (2) substitute ten (10) years of experience and successfully attend the Commission’s three (3) week transition school as provided by Tenn. Comp. R. & Regs. 1110- 02-.03(6).
(12) “FBI” means the Federal Bureau of Investigation.
(13) “General Departmental Instructor” means a Training Officer who is certified and designated as a General Departmental Instructor pursuant to Tenn. Comp. R. & Regs. 1110-03-.04(2) and 1110-04-.03.
(14) “Grandfather/Grandfathered” means any officer who was hired prior to July 1, 1970, and was certified as grandfathered. Such officers are eligible for salary supplement. Upon separation as a law enforcement officer, grandfather status is lost, except as provided by Tenn. Comp.
R. & Regs. 1110-02-.03(6).
(15) “High School Diploma” means a diploma or certificate issued to an individual successfully meeting the educational curriculum, testing standards and attendance requirements established by a recognized state Board of Education at the time of graduation from high school. If the high school diploma issued is the product of a home school program, the Commission will only recognize parent-issued diplomas if the issued diploma and supporting transcripts comply with the requirements set forth in T.C.A. § 49-6-3050 or with equivalent requirements from another state. This does not include a transition certificate or individualized education program certificate.
(16) “In-service Course” means a course of study or instruction designed to review and update an officer in law enforcement tasks commensurate with his/her present rank and responsibility.
(17) “Instructor Certification” means certification an instructor obtains in a specialized area of study and in accordance with Commission standards.
(18) “Law Enforcement Officer” means either a:
(a) “Full-time Law Enforcement Officer,” which means any person employed by any municipality or political subdivision of the State of Tennessee whose primary responsibility is the prevention and detection of crime, and the apprehension of offenders, and whose primary source of income is derived from employment as a police officer. This definition includes campus police officers recognized under T.C.A. § 49-7-118, railroad police officers under T.C.A. § 65-6-133, drug/narcotics agents under T.C.A. § 39-11-106, or any other law enforcement officer employed by a law enforcement agency established, created, or recognized by state law; or (b) “Part-time Law Enforcement Officer,” which means any person employed as a temporary, reserve, auxiliary or any other commissioned position by any municipality or any political subdivision of the State of Tennessee whose primary responsibility is to support the full-time police officer in the prevention and detection of crime, apprehension of offenders, and assisting in the prosecution of the offenders for appropriate remuneration in measure with specifically assigned duties and/or job description. Part-time officers work no more than twenty (20) hours per week, for a total of no more than one hundred (100) hours per month for any agency or combination of agencies as set forth in T.C.A. § 38-8-101(3). Any law enforcement officer who works more than the maximum hours as specified herein must be reclassified to a full-time status and must meet all requirements for standards/training as mandated under state law and Commission rules.
(19) “Paired with” means in the presence of a field Training Officer or a full-time certified officer.
(20) “Special Deputy” means any person who is assigned specific law enforcement functions as to the prevention and detection of crime and general laws of the state on a volunteer basis. Fulltime certified law enforcement officers may serve as special deputies. Any law enforcement officer working on a volunteer basis will not receive pay or benefits except for honorariums and may be utilized for an unlimited number of hours. Nothing in the rule will prevent a sheriff from providing a special deputy commission to someone who is a full-time certified law enforcement officer.
(21) “Specialized Course” means a course of study or instruction related to a specific law enforcement task.
(22) “Sub-committee” means a committee appointed by the Chairman of the Commission and given the authority to act on matters pertaining to substitutions of basic and in-service training, in-service and basic curriculums, Training Officers, police pay supplement, and any other matters directed by the Commission.
(23) “TBI” means the Tennessee Bureau of Investigation.
(24) “TLETA” means the Tennessee Law Enforcement Training Academy.
(25) “Training Officer” means any certified law enforcement officer who meets the requirements of the Commission and is qualified to develop, organize, implement, or supervise any course of study or instruction.
(26) “Transition School” means the three (3) week training course consisting of fundamental law enforcement skills and knowledge for previously certified or certified equivalent officers as set forth in Tenn. Comp. R. & Regs. 1110-03-.10.
(27) “Waiver of” means an exemption to these rules granted by the Commission which meets the established criteria as set forth in Tenn. Comp. R. & Regs. 1110-09.
History
- Authority: T.C.A. §§ 38-8-101 and 38-8-104.
- Administrative History: Original rule filed December 20, 1982; effective January 19, 1983. Amendment filed January 6, 1989; effective May 1, 1989. Amendment filed November 13, 1989; effective February 28, 1990. Amendment filed August 4, 1992; effective November 29, 1992. Amendment filed October 25, 1993; effective March 1, 1994. Amendment filed October 2, 2006; effective February 28, 2007. Amendment filed March 18, 2010; effective June 16, 2010. Amendment filed March 11, 2011; effective June 9, 2011. Amendments filed January 7, 2021; effective April 7, 2021.
Chapter 1110-02 Certification
Tenn. Comp. R. & Regs. 1110-02-.01 PERSONS REQUIRED TO BE CERTIFIED
(1) All persons, who are employed as full-time law enforcement officers on or after July 1, 1982, shall comply with and maintain the pre-employment standards and meet the Basic Law Enforcement Training requirements before being certified as law enforcement officers.
(2) All presently uncertified persons who were employed as law enforcement officer(s) prior to July 1, 1982, are exempt from the pre-employment and basic training requirements; however, they cannot be certified unless they meet the pre-employment and basic training requirements.
(3) Part-time law enforcement officers, as defined in Tenn. Comp. R. & Regs. 1110-01-.01, shall comply with and maintain pre-employment standards as well as meet the basic training requirements outlined in Tenn. Comp. R. & Regs. 1110-08 before being employed or utilized as law enforcement officers.
History
- Authority: T.C.A. § 38-8-105.
- Administrative History: Original rule filed December 20, 1982; effective January 19, 1983. Amendment filed April 19, 2002; effective August 28, 2002. Amendment filed October 2, 2006; effective February 28, 2007. Amendments filed January 7, 2021; effective April 7, 2021.
Tenn. Comp. R. & Regs. 1110-02-.02 FAILURE TO COMPLY
(1) Any person who appoints any applicant who to the knowledge of the appointor fails to meet the minimum standards as set forth herein or required by the Commission, and any person who signs the warrant or check for the payment of the salary of any person who to the knowledge of the signer fails to meet the qualifications as a police officer as provided herein or required by the Commission, shall be guilty of a Class A misdemeanor and upon conviction shall be subject to a fine not exceeding one thousand dollars ($1,000). Further, any person who makes any false statement on a required state document, such as an Application for Certification, under oath or under penalty of perjury commits the offense of perjury under T.C.A. § 39-16-702 and may be subject to the penalties of T.C.A. § 38-8-124.
History
- Authority: T.C.A. §§ 38-8-105, 38-8-124, and 39-16-702.
- Administrative History: Original rule filed December 20, 1982; effective January 19, 1983. Amendments filed January 7, 2021; effective April 7, 2021.
Tenn. Comp. R. & Regs. 1110-02-.03 LAW ENFORCEMENT OFFICER CERTIFICATION REQUIREMENTS
(1) All full-time law enforcement officers employed by an agency required to meet minimum standards must meet pre-employment requirements and, upon successful completion of the required basic training, shall be issued a Certification or Certificate of Compliance, unless otherwise provided.
(2) Full-time Law Enforcement Officer Pre-Employment Requirements. The Commission will issue a Certificate of Compliance to any person who meets the qualifications for employment and satisfactorily completes a certified Basic Law Enforcement Officer Course. Any person employed as a full-time law enforcement officer, after July 1, 1982, must be certified and must comply with the following pre-employment requirements:
(a) Be at least eighteen (18) years of age;
(b) Be a citizen of the United States or a permanent legal resident of the United States who is an honorably discharged veteran of the United States armed forces pursuant to T.C.A § 38-8-105(d);
(c) Be a high school graduate or possess the equivalent of a high school diploma pursuant to Tenn. Comp. R. & Regs. 1110-01-.01. No waivers will be granted for minimum education requirements;
(d) Not have been convicted of, pleaded guilty to, or entered a plea of nolo contendere to any felony charge or to any violation of any federal or state laws or city ordinances relating to force, violence, theft, dishonesty, gambling, liquor and other alcoholic beverages, controlled substances, imitation controlled substances, or controlled substance analogues;
(e) Not have been released or discharged from any of the armed forces of the United States under any conditions other than honorable;
(f) If the applicant has prior military experience, the agency must present a copy of any DD- 214s, DD-215s and DD873s along with the application for certification;
(g) Have fingerprints on file with the TBI;
(h) Have passed a physical examination by a licensed physician. This physical examination may also be performed by a nurse practitioner or physician assistant, so long as the examination is expressly included in a written protocol developed jointly by the supervising physician and the nurse practitioner or physician assistant, whichever is applicable, setting forth the range of services that may be performed by the nurse practitioner or physician assistant. This examination must be performed no more than six (6) months prior to entering the Commission-approved Basic Law Enforcement Course;
(i) Have good moral character as determined by a thorough investigation conducted by the employing agency or the Commission;
(j) Have been certified by a Tennessee licensed health care provider qualified in the psychiatric or psychological fields as being free from any impairment as set forth in the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association current at the time of the examination that would, in the professional judgment of the examiner, affect the person’s ability to perform an essential function of the job, with or without a reasonable accommodation. This certification must be obtained no more than six (6) months prior to entering the Commission-approved Basic Law Enforcement Course. A new evaluation will be required:
- After a six (6) month break in full-time law enforcement service; or, 2. Upon the request of the employing agency, for good cause;
(k) Not have been previously decertified as a law enforcement officer by the Commission; and (l) Not have previously voluntarily surrendered his/her certification as a law enforcement officer.
(m) If a law enforcement applicant or certified law enforcement officer fails to meet any of the aforementioned certification requirements, a waiver pursuant to Tenn. Comp. R. & Regs. 1110-09, will be required.
(n) All certified officers must ensure that their current addresses and contact information are always on file with the Commission.
(3) Training Requirements. Any officer seeking certification under these rules who conforms to pre-employment requirements must enroll in the Basic Law Enforcement Course as established in accordance with these rules within six (6) months of initial employment as a law enforcement officer. During the initial period prior to attending the Basic Law Enforcement Course, the recruit must be paired with a field Training Officer or other certified officer.
Commencing July 1, 1982, any time served as a full-time law enforcement officer in any Tennessee law enforcement agency is cumulative and will count as part of the six-month time limit.
(4) Application Requirement. No officer will be certified under these rules unless application is made at such time and in such form as the Commission requires.
If after enrolling in an academy, an officer does not successfully complete basic police training, unless a waiver to attend another academy pursuant to Tenn. Comp. R. & Regs
Tenn. Comp. R. & Regs. 1110-09-.07 is obtained from the Commission, he/she must return to the same academy under the following circumstances:
(a) If dropped for academic or disciplinary reasons; or (b) To make up any portion not successfully completed. In the event an officer fails to complete successfully any portion of basic police training after returning for makeup, he/she must retake the entire course.
(5) Verification Requirement. No officer will be certified under these rules unless:
(a) The law enforcement agency employing the officer submits verification to the Commission, in such form as required by the Commission, showing that the officer met the pre-employment requirements prior to enrollment in the Basic Law Enforcement Course; and (b) The Director of the academy where the officer satisfactorily completed the Basic Law Enforcement Course, established in accordance with these rules, submits verification in such form as required by the Commission that the officer met the basic training requirements set forth in these rules; or (c) The Commission chooses to certify an officer who has received training in another state when the Commission has determined that such training was at least equivalent to that required by the Commission for approved law enforcement education and training programs in this state and that such officer has satisfactorily complied with all other requirements. Established criteria is that which aligns with the requirements of the Basic Law Enforcement Course, as outlined in Tenn. Comp. R. & Regs. 1110-07.
(6) Substitution of Experience for exempt/exempted officers. No officer shall be certified under these rules unless:
(a) The law enforcement agency employing the officer submits an Application for Certification, Confirmation of Psychological Examination, and Confirmation of Physical Examination to verify that all pre-employment requirements have been met; and (b) Beginning July 1, 2010, the officer applying for substitution of experience or basic training obtained in another state enrolls in the Commission-approved three (3) week Transition School within six (6) months of employment.
(7) Break in Full-Time Law Enforcement Service.
(a) Beginning May 1, 2021, certified officers who have had more than a three (3) year break, but less than a seven (7) year break in full-time law enforcement service shall enroll in the Commission-approved three (3) week Transition School within six (6) months of returning to full-time employment before their certification is reactivated.
Officers with a seven (7) year or longer break in full-time law enforcement service shall be required to re-attend a Basic Law Enforcement Course.
(b) Officers who were certified under the Grandfather Clause of July 1, 1970 and have not attended an approved Basic Law Enforcement Course lose their grandfathered status if they have a break in service. These officers may separate directly from one law enforcement agency and be employed as a full-time law enforcement officer by another law enforcement agency with no loss of certification if there is no break in service as set forth in Tenn. Comp. R. & Regs. 1110-01-.01.
(c) Beginning May 1, 2021, officers who have attended an approved Basic Law Enforcement Course and who were not required to be certified at that time, may apply for certification based on this training within three (3) years of the date of completion of the Basic Law Enforcement Course. These officers must enroll in a Commissionapproved three (3) week Transition School within six (6) months of returning to full-time employment to qualify for certification after three (3) years and less than seven (7) years from the date of completion of the Basic Law Enforcement Course. Officers with a seven (7) year or longer break in service shall be required to re-attend the Basic Law Enforcement Course.
(d) An officer’s certification becomes inactive after separation from full-time employment by a law enforcement agency. A new application for certification is required for each new employment as a law enforcement officer.
(8) Any officer affected by these rules may be eligible to petition the Commission for a waiver in accordance with Tenn. Comp. R. & Regs. 1110-09.
(9) All certified law enforcement officers shall notify the Commission of any change of residence, employing law enforcement agency, or office address within thirty (30) days of the change.
History
- Authority: T.C.A. §§ 38-8-104, 38-8-105, 38-8-106, 38-8-107, 38-8-111, and 38-8-111(f).
- Administrative History: Original rule filed December 20, 1982; effective January 19, 1983. Amendment filed January 28, 1986; effective April 15, 1986. Amendment filed September 17, 1987; effective December 29, 1987. Amendment filed January 6, 1989; effective May, 1, 1989. Amendment filed November 13, 1989; effective February 28, 1990. Amendment filed August 4, 1992; effective November 29, 1992. Amendment filed October 25, 1993; effective March 1, 1994. Amendment filed April 19, 2002; effective August 28, 2002. Amendment filed October 2, 2006; effective February 28, 2007. Amendment filed March 18, 2010; effective June 16, 2010. Amendments filed March 11, 2011; effective June 9, 2011. Emergency rule filed January 28, 2014; effective through July 27, 2014. Emergency rule expired effective July 27, 2014; rule reverted to previous status. Amendment filed July 24, 2014; effective October 22, 2014. Amendments filed January 7, 2021; effective April 7, 2021.
Tenn. Comp. R. & Regs. 1110-02-.04 DISCIPLINARY ACTIONS
(1) Denial of Certification. The Commission shall deny certification to any officer required to comply with the certification provisions who fails to do so. The Commission may deny certification to any officer supplying false information or acquiescing to false information being supplied to the Commission regarding eligibility for certification.
(2) Suspension or Revocation of Certification. The Commission may initiate disciplinary action upon receipt of a complaint or on its own initiative. Complaints received by the Commission are to be documented, and if allegations are warranted, the proper investigating authority will be notified, and the proper action will be taken.
(a) Grounds for Disciplinary Action. The Commission may suspend or revoke the certification of any officer who has:
-
Been convicted by any state or the federal government of any crime where the punishment was or could have been imprisonment in a federal or state prison, institution, or jail;
-
Been convicted of, pleaded guilty to, or entered a plea of nolo contendere to any felony charge; to any violation of any federal or state laws or city ordinances relating to force, violence, theft, dishonesty, gambling, liquor and other alcoholic beverages, controlled substances; to a sufficient number of misdemeanors to establish a pattern of disregard for the law; to a charge for domestic violence; or to any offense set forth in 18 U.S.C § 922(g) that would make the possession of a firearm or weapon a prohibited act;
-
Been suspended for thirty (30) days or longer, resigned in lieu of termination, resigned with disciplinary action pending that could have resulted in termination, or been discharged by his/her employing law enforcement agency for disciplinary reasons;
-
Been found to have supplied or acquiesced in false information being supplied to the Commission regarding eligibility for certification;
-
Failed to participate in a forty (40) hour in-service training program each calendar year;
-
Failed to maintain pre-employment requirements; or 7. Failed to comply with reporting requirements set forth in Tenn. Comp. R. & Regs. 1110-01 through 1110-10 and T.C.A. Title 38, Chapter 8.
(b) Notification Required. Law enforcement agencies suspending certified law enforcement officers for fifteen (15) days or longer, discharging certified law enforcement officers for disciplinary reasons, or accepting the resignation in lieu of termination of certified law enforcement officers must inform the Commission within ten (10) days of such action.
Law enforcement agencies with knowledge of a certified law enforcement officer’s violation of the pre-employment standards must inform the Commission within ten (10) days of obtaining such knowledge. Any change in the status of a disciplinary action must also be reported to the Commission within ten (10) days. A change of status form must be submitted on any change in a disciplinary action. Change of status forms are available on the Commission’s website and shall be submitted to the Commission electronically.
(3) Notice of Denial, Suspension, or Revocation.
(a) Notice of Denial. The Commission shall, within thirty (30) days of denying an application for certification, or as soon as is reasonably practicable, serve written notice upon an affected officer and the employing agency specifying the reasons for denial of the application.
(b) Notice of Suspension or Revocation. The Commission shall, within thirty (30) days of suspending or revoking certification, or as soon as is reasonably practicable, serve notice upon an affected officer and upon the law enforcement agency employing the officer, specifying the action taken, the officer’s current status, and the remedies available. The Commission shall stay final action until the period for requesting a hearing expires.
(c) Notice of Final Action. The Commission shall notify the officer and the law enforcement agency involved of the final action regarding suspension or revocation.
(4) Suspension or Revocation Hearing. Any law enforcement off icer whose certification has been suspended or revoked may, within thirty (30) days of receipt of notice served by the Commission, request a hearing which shall be granted by the Commission. Upon receipt of such request, the Commission shall set a date, time, and place for hearing and serve notice, by certified mail, upon the affected law enforcement officer. The affected officer may appear, present information relevant to the proceedings, question those presenting information, and be represented by counsel. In the absence of a request for hearing, the suspension or revocation will, without further proceedings, become final thirty (30) days after the initial notice.
(a) Hearing Committee. The disciplinary sub-committee serves as the Commission's authorized representative for conducting preliminary hearings.
(b) Formal Commission Review. In the event of an adverse decision at the disciplinary sub-committee, any affected law enforcement officer may, within thirty (30) days of the initial decision, request a formal Commission review.
(c) Final Decision After Request for Hearing. The Commission shall render a final decision within ninety (90) days pursuant to the Uniform Administrative Procedures Act in T.C.A. §§ 4-5-301 to -502.
(5) Judicial Review. All appeals from the Commission’s final decision shall be to Chancery Court and governed by the relevant portions of the Uniform Administrative Procedures Act in T.C.A. §§ 4-5-301 to -502.
(6) Any and all documents which evidence certification are the exclusive property of the Commission and shall be surrendered to the Commission upon demand after the proceedings.
(7) Reapplication after Denial. Any officer denied certification for failure to meet pre-employment requirements may reapply when the requirements are met. Officers denied certification for failure to meet the Basic Law Enforcement Course requirements may reapply after satisfactory completion of the training.
(8) Reinstatement after Suspension. Any officer whose certification is suspended in accordance with these rules may upon expiration of the period of suspension, petition the Commission for reinstatement.
History
- Authority: T.C.A. §§ 38-8-104, 38-8-104(b), 38-8-105, and 38-8-106.
- Administrative History: Original rule filed December 20, 1982; effective January 19, 1983. Amendment filed January 6, 1989; effective May 1, 1989. Amendment filed April 19, 2002; effective August 28, 2002. Amendment filed October 2, 2006; effective February 28, 2007. Emergency rule filed March 11, 2008, effective through August 23, 2008. Emergency rule filed March 11, 2008; expired effective August 24, 2008; rule reverted to its previous status. Amendment filed September 18, 2008; effective December 2, 2008. Amendment filed March 18, 2010; effective June 16, 2010. Amendment filed March 11, 2011; effective June 9, 2011. Amendments filed January 7, 2021; effective April 7, 2021.
Chapter 1110-03 Curricula and Course of Instruction
Tenn. Comp. R. & Regs. 1110-03-.01 COURSE OF INSTRUCTION
(1) Basic Course. The Commission shall approve a program of instruction comprising fundamental law enforcement skills and knowledge which shall be designated as the Basic Law Enforcement Course.
(a) Length. The Basic Law Enforcement Course shall include a minimum of four hundred eighty-eight (488) hours of instruction and study.
(b) Format. The Basic Law Enforcement Course shall have a curriculum format that contains the following elements:
-
Each topic of instruction to be taught shall have specifically defined training objectives.
-
Each topic of instruction to be taught shall be defined in a scope. The scope shall broadly describe the key teaching points that are to be covered.
-
Each topic of instruction to be taught shall be assigned a minimum amount of time.
(c) Instructional Methods. The Basic Law Enforcement Course shall employ performance oriented instructional methods that help ensure successful achievement of the established training objectives.
(d) Administration. The Basic Law Enforcement Course shall be administered by a school certified by the Commission.
(e) Eligibility for Admission. Any officer shall be eligible for admission to the Basic Law Enforcement Course who has met the pre-employment requirements herein established.
(f) Testing for Basic Law Enforcement Course. Each Academy shall develop a system of testing which relates to training objectives.
(g) Certificate of Successful Completion. Each approved Academy shall issue to law enforcement officers a certificate suitable as evidence thereof.
History
- Authority: T.C.A. § 38-8-104.
- Administrative History: Original rule filed December 20, 1982; effective January 19, 1983. Amendment filed January 6, 1989; effective May 1, 1989. Amendment filed April 19, 2002; effective August 28, 2002. Amendments filed January 7, 2021; effective April 7, 2021. Amendments filed September 3, 2021; effective December 2, 2021.
Tenn. Comp. R. & Regs. 1110-03-.02 SCHOOL CERTIFICATION
(1) Other Courses. The Commission shall approve other courses of study or instruction as it may deem necessary to accomplish its objectives which may include, but is not limited to, the following:
(a) Advanced Courses;
(b) Specialized Courses; and (c) In-service Courses.
History
- Authority: T.C.A. § 38-8-104.
- Administrative History: Original rule filed December 20, 1982; effective January 19, 1983. Amendments filed September 3, 2021; effective December 2, 2021.
Tenn. Comp. R. & Regs. 1110-03-.03 CERTIFICATION FOR GENERAL LAW ENFORCEMENT INSTRUCTORS
(1) Full-time or part-time General Law Enforcement Instructor Certification. The Commission requires certification of any person employed, appointed, or designated as a full-time or parttime Law Enforcement Instructor involved in teaching the Commission-approved Basic Law Enforcement Course.
(2) To qualify for certification as a General Law Enforcement Instructor, the following requirements shall be met:
(a) Competency Requirements. An applicant shall possess the following training competencies which will be determined by the director of the training academy:
-
Possession of knowledge, skills, and abilities in all assigned areas;
-
Ability to organize materials in written form (lesson plans) for teaching; and 3. Presentation of knowledge and skills.
(b) Certification Requirements.
-
An applicant shall have at least five (5) years of experience as a full-time law enforcement officer. One (1) year of college credit in the area of cri minal justice may be substituted for one (1) year of law enforcement experience but shall not exceed two (2) years of substitution.
-
An applicant shall successfully complete a forty (40) hour law enforcement instructor development program approved by the Commission prior to application.
-
An applicant shall be a Certified Officer or possess the equivalent in state or federal law enforcement experience.
-
The Commission may approve exceptions to these requirements for a subject matter expert.
-
Any General Law Enforcement Instructor, who was certified as a General Law Enforcement Instructor prior to June 17, 2010, shall not be required to be a Certified Officer or possess the equivalent in state or federal law enforcement experience.
(c) Application for Certification. Persons seeking certification shall:
- Submit an application in such form as the Commission may require; and 2. Submit all supporting materials, certificates, and other requirements as the Commission may require.
(3) General Law Enforcement Instructor Certification is limited to officers employed full-time by an academy presenting a Basic Law Enforcement Course.
History
- Authority: T.C.A. §§ 38-8-104, 38-8-105, and 38-8-106.
- Administrative History: Original rule filed December 20, 1982; effective January 19, 1983. Repeal and new rule filed January 28, 1986; effective April 15, 1986. Amendment filed September 17, 1987; effective December 29, 1987. Amendment filed August 4, 1992; effective November 29, 1992. Amendment filed April 19, 2002; effective August 28, 2002. Amendment filed March 18, 2010; effective June 16, 2010. Amendments filed January 7, 2021; effective April 7, 2021.
Tenn. Comp. R. & Regs. 1110-03-.04 CERTIFICATION FOR SPECIALIZED LAW ENFORCEMENT INSTRUCTORS
(1) Specialized Law Enforcement Instructor Certification. Those instructors, full-time or parttime, who instruct in basic courses, specialized schools, in-service training programs, or other approved training programs and who desire to obtain certification in specialized areas of instruction shall meet the following requirements:
(a) Requirements for Specialized Law Enforcement Instructor Certification.
-
An applicant shall have at least five (5) years of experience as a full-time law enforcement officer or an equivalent combination of education and experience as determined by the Commission.
-
An applicant shall successfully complete a forty (40) hour law enforcement instructor development program and/or any equivalent combination of education and experience as determined by the appointing authority and approved by the Commission.
-
An applicant shall have successfully completed a minimum of forty (40) hours of certified training in the specialized area having been approved by the Commission.
-
The Commission may approve exceptions to these requirements.
(b) Application for Certification.
-
Persons seeking certification shall submit applications to become Specialized Law Enforcement Instructors in such form as the Commission may require.
-
An applicant shall submit a complete lesson plan in the specialized area.
-
An applicant shall submit a Certificate of Completion of a forty (40) hour instructor development course.
-
An applicant shall submit a Certificate of Training in the Specialized Area(s).
(2) General Departmental Instructor Certification. This certification shall be limited to those Training Officers designated as the General Departmental Instructor for their department.
Departments are not limited to one Training Officer; however, one Training Officer from each department shall be designated as a General Departmental Instructor and is exempt from the written forty (40) hour in-service training test.
(a) Requirements for Certification.
-
An applicant shall have at least five (5) years of experience as a full-time law enforcement officer. One (1) year of college credit in the area of criminal justice may be substituted for one (1) year of law enforcement experience but shall not exceed two (2) years of substitution.
-
An applicant shall successfully complete a forty (40) hour instructor development program approved by the Commission.
-
An applicant shall have at least one (1) year of experience as a departmental Training Officer.
-
An applicant shall complete a General Departmental Instructor Course approved by the Commission.
-
The Commission may approve exceptions to these requirements.
(b) Application for Certification.
-
Persons seeking certification shall submit an application to become a General Departmental Instructor in such form as the Commission may require.
-
An applicant shall submit a letter from his employing agency head on departmental letterhead which designates him as the General Departmental Instructor for the department.
-
An applicant shall submit a Certificate of Completion of a forty (40) hour instructor development course.
History
- Authority: T.C.A. § 38-8-104.
- Administrative History: Original rule filed January 28, 1986; effective April 15, 1986. Amendment filed January 6, 1989; effective May 1, 1989. Amendment filed August 4, 1992; effective November 29, 1992. Amendment filed October 25, 1993; effective March 1, 1994. Amendment filed October 2, 2006; effective February 28, 2007. Amendment filed March 18, 2010; effective June 16, 2010. Amendments filed January 7, 2021; effective April 7, 2021.
Tenn. Comp. R. & Regs. 1110-03-.05 REVOCATION OF INSTRUCTOR CERTIFICATION
(1) Revocation of an instructor certification will be considered by the Commission for the following reasons:
(a) An instructor failed to properly prepare and deliver adequate instruction;
(b) An instructor falsified or omitted information required on the application for certification or on the supporting document; or (c) An instructor is no longer a certified officer or an approved subject matter expert.
History
- Authority: T.C.A. § 38-8-104.
- Administrative History: Original rule filed January 28, 1986; effective April 15, 1986. Amendment filed January 6, 1989; effective May 1, 1989. Amendment filed March 18, 2010; effective June 16, 2010. Amendments filed January 7, 2021; effective April 7, 2021.
Tenn. Comp. R. & Regs. 1110-03-.06 REVOCATION PROCEDURE AND HEARING
(1) Notice of Instructor Suspension or Revocation. The Commission shall serve notice, within ten (10) days of suspending or revoking certification, or as soon as is reasonably practicable, upon the instructor and upon the law enforcement agency employing said instructor. The notice shall specify the action taken and remedies available. The Commission shall stay final action until the period for requesting a hearing expires.
(2) All Certified Officers and Instructors shall ensure their current addresses and contact information are on file with the Commission.
(3) Notice for Final Action. The Commission shall notify the instructor and the law enforcement agency involved of the final action regarding suspension or revocation.
(4) Suspension or Revocation Hearing. Any instructor whose certification has been suspended or revoked may request, within thirty (30) days of receipt of notice served by the Commission, a hearing which shall be granted by the Commission. Upon receipt of such request, the Commission shall set a date, time, and place for hearing as soon as is reasonably practicable and serve notice upon the affected instructor. The instructor may appear, present information relevant to the proceedings, question those presenting information, and be represented by counsel. In the absence of a request for hearing, the suspension or revocation shall, without further proceedings, become final thirty (30) days after the initial notice called for in this rule.
(a) Hearing Committee. The disciplinary sub-committee shall serve as the Commission's authorized representative for conducting preliminary hearings.
(b) Formal Commission Review. In the event of an adverse decision at the disciplinary sub-committee, any affected instructor may, within thirty (30) days of the initial decision, request a formal Commission review.
(c) Final Decision After Request for Hearing. The Commission shall render a final decision within thirty (30) days, or as soon as is reasonably practicable.
(5) Judicial Review. All appeals from the Commission’s final decision shall be to Chancery Court and governed by the relevant portions of the Uniform Administrative Procedures Act in T.C.A. §§ 4-5-301 to -502.
History
- Authority: T.C.A. § 38-8-104.
- Administrative History: Original rule filed January 28, 1986; effective April 15, 1986. Amendment filed March 18, 2010; effective June 16, 2010. Amendments filed January 7, 2021; effective April 7, 2021.
Tenn. Comp. R. & Regs. 1110-03-.07 AUTOMATIC EXPIRATION OF INSTRUCTOR CERTIFICATION
(1) An instructor’s certification shall automatically expire if the instructor does not instruct for two (2) years.
(2) The General Law Enforcement Instructor and General Departmental Instructor Certifications shall expire effective immediately upon termination of employment.
History
- Authority: T.C.A. §§ 38-8-107 and 38-8-111.
- Administrative History: Original rule filed January 28, 1986; effective April 15, 1986. Amendment filed August 4, 1992; effective November 29, 1992. Amendments filed January 7, 2021; effective April 7, 2021.
Tenn. Comp. R. & Regs. 1110-03-.08 RESERVED
History
- Authority: T.C.A. §§ 38-8-107 and 38-8-111.
- Administrative History: Original rule filed January 28, 1986; effective April 15, 1986. Amendment filed August 4, 1992; effective November 29, 1992. Amendments filed January 7, 2021; effective April 7, 2021.
Tenn. Comp. R. & Regs. 1110-03-.09 TRAINING GUIDELINES FOR OPERATION OF SPEED MEASURING DEVICES
(1) Law enforcement officers shall receive training from a Certified Specialized Law Enforcement Instructor on use of speed measurement devices. This training shall meet National Highway Traffic Safety Administration (“NHTSA”) minimum standards found in the Speed Measuring Device Operator Training Course Management Guide (most current version) for speed measuring devices and shall be completed prior to any testimony in a judicial or administrative proceeding.
History
- Authority: T.C.A. §§ 24-7-124 and 38-8-104.
- Administrative History: Original rule filed March 11, 2011; effective June 9, 2011. Amendments filed January 7, 2021; effective April 7, 2021.
Tenn. Comp. R. & Regs. 1110-03-.10 TRANSITION SCHOOL
(1) Transition School shall be a program of instruction comprising fundamental law enforcement skills and knowledge.
(a) Length. The Transition School shall be a minimum of three (3) weeks in length and include a minimum of one hundred twenty (120) hours of instruction and study.
(b) Format. The Transition School shall have a curriculum format that contains the following elements:
-
Each topic of instruction to be taught shall have specifically defined training objectives;
-
Each topic of instruction to be taught shall be defined in a scope. The scope shall broadly describe the key teaching points that are to be covered; and 3. Each topic of instruction to be taught shall be assigned a minimum amount of time.
(c) Instructional Methods. The Transition School shall employ performance oriented instructional methods that help ensure successful achievement of the established training objectives.
(d) Administration. The Transition School shall be administered by TLETA.
(e) Eligibility for Admission. Any officer shall be eligible for admission to the Transition School who:
- Has met pre-employment requirements herein established; and 2. Falls within the categories requiring attendance in Tenn. Comp. R. & Regs. 1110- 02-.03.
(f) Testing for Transition School. TLETA shall develop a system of testing which relates to the training objectives.
(g) Certificate of Successful Completion. TLETA shall issue to law enforcement officers who successfully complete Transition School a certificate suitable as evidence thereof.
(2) Approved Departmental Lateral Schools shall be deemed equivalent to the Transition School.
History
- Authority: T.C.A. § 38-8-104.
- Administrative History: Original rule filed March 11, 2011; effective June 9, 2011. Amendments filed January 7, 2021; effective April 7, 2021.
Chapter 1110-04 In-Service Training Requirements
Tenn. Comp. R. & Regs. 1110-04-.01 LENGTH OF TRAINING
(1) All law enforcement officers except those who have attended the Basic Law Enforcement Course within the calendar year shall participate in a Commission-approved forty (40) hour in-service training session each calendar year. Only certified full-time law enforcement officers who successfully complete the forty (40) hour in-service training session are eligible to receive supplement pay, provided their agency is in compliance with minimum standards.
(2) Certified or recognized courses shall be at least forty (40) hours in duration and established by the department or agency to meet educational requirements appropriate for the officer’s position and responsibilities in accordance with course curriculum requirements set forth in Tenn. Comp. R. & Regs. 1110-04-.05.
(3) All law enforcement officers who fail to complete the annual forty (40) hour in-service training session shall refer to Tenn. Comp. R. & Regs. 1110-09.
History
- Authority: T.C.A. § 38-8-104.
- Administrative History: Original rule filed December 20, 1982; effective January 19, 1983. Amendment filed August 4, 1992; effective November 29, 1992. Amendment filed April 19, 2002; effective August 28, 2002. Amendments filed January 7, 2021; effective April 7, 2021.
Tenn. Comp. R. & Regs. 1110-04-.02 RESERVED
History
- Authority: T.C.A. § 38-8-104.
- Administrative History: Original rule filed December 20, 1982; effective January 19, 1983. Amendment filed April 19, 2002; effective August 28, 2002. Amendments filed January 7, 2021; effective April 7, 2021.
Tenn. Comp. R. & Regs. 1110-04-.03 APPOINTMENT OF TRAINING OFFICER
(1) Effective January 1, 1994, each law enforcement agency shall designate one (1) Training Officer who meets the Commission standards for General Departmental Instructor certification. The General Departmental Instructor is responsible for coordinating in-service training programs and developing lesson plans, goals and objectives. The General Departmental Instructor may also be required to instruct in more than one subject area. All Training Officers, including a General Departmental Instructor, shall attend a Commission workshop at a time and place determined by the Commission and/or the Tennessee Law Enforcement Training Officer Association as part of their annual in-service training requirement for Training Officer.
(2) Effective January 1, 1994, all Training Officers who are designated as the General Departmental Instructor pursuant to this chapter shall apply for and be certified as General Departmental Instructor as defined in Tenn. Comp. R. & Regs. 1110-03-.04.
(3) Prior to January 1, 1994, those Training Officers who have performed the essential duties and functions of a General Departmental Instructor as defined by this chapter shall be exempt from the Instructor Development training requirement as stated in Tenn. Comp. R. & Regs. 1110-03-.04.
History
- Authority: T.C.A. §§ 38-8-104 and 38-8-111.
- Administrative History: Original rule filed December 20, 1982; effective January 19, 1983. Amendment filed August 4, 1992; effective November 29, 1992. Amendment filed October 25, 1993; effective March 1, 1994. Amendment filed April 19, 2002; effective August 28, 2002. Amendment filed October 2, 2006; effective February 28, 2007. Amendments filed January 7, 2021; effective April 7, 2021.
Tenn. Comp. R. & Regs. 1110-04-.04 APPOINTMENT OF INSTRUCTORS
(1) Instructors used for in-service training sessions shall be approved by the General Departmental Instructor and shall possess the appropriate experience and training.
History
- Authority: T.C.A. § 38-8-104.
- Administrative History: Original rule filed December 20, 1982; effective January 19, 1983. Amendment filed October 25, 1993; effective March 1, 1994. Amendments filed January 7, 2021; effective April 7, 2021.
Tenn. Comp. R. & Regs. 1110-04-.05 COURSE CURRICULUM REQUIREMENTS
(1) Course curriculums shall be based on a needs survey of the area served and courses required by the Commission. All curricula shall be prepared on Commission-approved Lesson Plan Forms and kept on file at the submitting agency subject to review by the Commission. The scope and lesson objectives for all courses to be taught, along with a letter from the Department head requesting approval of the curriculums, shall be submitted to the Commission for review and approval prior to the commencement of training. A copy of the schedule, the dates and location of training, the date of testing, and a copy of the test instrument and answers shall be submitted to the Commission for approval. The courses shall be targeted or directly steered toward law enforcement techniques and practices.
(2) Along with the curriculum, the agency shall submit individual course statements that include:
(a) Course objectives;
(b) An outline of course content;
(c) A list of teaching aids or materials, including all audio-visual supplements to instruction; and (d) A list of instructors with brief descriptions of their qualifications to teach the course.
(3) The Commission requires the teaching of certain subjects. Since the mandatory hours and subjects may be changed from year-to-year, departments will be notified prior to December 1 each year of the subject areas and the required number of hours. It is incumbent upon the departmental administrator and/or Training Officers to monitor official federal, state, and local guidelines; ordinances or related directives; and Commission correspondence for appropriate action.
(4) Statutory Mandated Training Requirements (a) Child Sexual Abuse In-Service Training Requirement: Training in the detection of child sexual abuse and in the proper action that should be taken in a suspected case of child sexual abuse must be included as a part of the annual in-service training requirement.
This training is mandatory for a law enforcement officer to be eligible for the salary supplement authorized in T.C.A. § 38-8-111, pursuant to T.C.A. § 37-1-603(b)(4)(A)(ii).
(b) Emergency Vehicle Operation Training: Training in emergency vehicle operations must be included as a part of the annual in-service training requirement. This training is mandatory for a law enforcement officer to be eligible for the salary supplement authorized in T.C.A. § 38-8-111, pursuant to T.C.A. § 55-8-194.
(c) Mental Health Training: Training in mental health related matters must be included as
part of the annual in-service requirement. This training is mandatory for a law enforcement officer to be eligible for the salary supplement authorized in T.C.A. § 38-8- 111, pursuant to T.C.A. § 38-8-119.
(d) Each in-service training session shall include firearms training requalification with service handguns and any other firearm authorized by the officer’s department. Each training session must be at least eight (8) hours in duration. Each trainee must obtain a score of seventy-five percent (75%) or more to qualify. This training is mandatory for a law enforcement officer to be eligible for the salary supplement authorized in T.C.A. § 38-8-111, pursuant to T.C.A. § 38-8-104.
(5) Other Mandated Training Requirements (a) In 2022, at least ten (10) hours in the following areas must be included as part of the annual in-service training requirement. This training is mandatory for law enforcement officers to be eligible for the salary supplement authorized in T.C.A. § 38-8-111, pursuant to paragraph (3) above. For 2022, the ten (10) hours of training shall be allocated as follows:
-
Two (2) hours in de-escalation and duty to intervene;
-
Two (2) hours in public assembly interaction;
-
Two (2) hours in officer wellness; and 4. Four (4) hours in community involvement.
(b) In 2023, at least five (5) hours in the following areas must be included as part of the annual in-service training requirement. This training is mandatory for law enforcement officers to be eligible for the salary supplement authorized in T.C.A. § 38-8-111, pursuant to paragraph (3) above. For 2023, the five (5) hours of training shall be allocated as follows:
-
One (1) hour in de-escalation and duty to intervene;
-
One (1) hour in public assembly interaction;
-
One (1) hour in officer wellness; and 4. Two (2) hours in community involvement.
(c) For an agency’s officers whose regular duties are to perform as undercover agents, community involvement training will not be required as part of the annual in-service training requirement in 2022 and 2023. Officers who serve as undercover agents will remain eligible to receive the salary supplement authorized in T.C.A. § 38-8-111.
(d) No test will be required as part of community involvement training and the training will be administered similarly to the way specialized schools are evaluated for in-service training under Tenn. Comp. R. & Reg. 1110-04-.09.
(e) On January 1, 2024, the requirements for annual in-service training in other mandated training will expire and will no longer be required for future in-service training, unless otherwise provided for or adopted in rule by the Commission.
(f) By the end of 2024, all in-service training requirements will be reviewed for applicability and efficacy, and a recommendation will be made regarding additional revisions to Commission in-service training requirements found in statute, regulations, and policies.
This review is intended to ensure that officers receive the appropriate annual training topics for their rank and responsibility.
History
- Authority: T.C.A. §§ 38-8-104 and 38-8-107.
- Administrative History: Original rule filed December 20, 1982; effective January 19, 1983. Amendment filed January 28, 1986; effective April 15, 1986. Amendment filed September 17, 1987; effective December 29, 1987. Amendment filed January 6, 1989; effective May 1, 1989. Amendment filed August 4, 1992; effective November 29, 1992. Amendment filed April 19, 2002; effective August 28, 2002. Amendment filed March 18, 2010; effective June 16, 2010. Amendment filed March 11, 2011; effective June 9, 2011. Amendments filed January 7, 2021; effective April 7, 2021. Amendments filed April 1, 2022; effective June 30, 2022.
Tenn. Comp. R. & Regs. 1110-04-.06 ATTENDANCE RECORDS
(1) Attendance records shall be maintained on each trainee and shall be submitted to the Commission. An attendance roster listing the names of all persons attending a scheduled block of training on a particular day shall be maintained and kept on file by the training agency.
(2) The General Departmental Instructor and head of the agency conducting in-service training shall, within thirty (30) days of completion of the training, certify to the Commission those officers who successfully complete the training. Such certification shall include name, rank, Public Safety Identification Number, employing agency, test score, and firearm qualification.
(3) Repeated failure to certify within thirty (30) days of completing the training is grounds for revocation of the General Departmental Instructor certification.
History
- Authority: T.C.A. § 38-8-104.
- Administrative History: Original rule filed December 20, 1982; effective January 19, 1983. Amendment filed August 4, 1992; effective November 29, 1992. Amendment filed October 25, 1993; effective March 1, 1994. Amendments filed January 7, 2021; effective April 7, 2021.
Tenn. Comp. R. & Regs. 1110-04-.07 EMERGENCY ABSENCES
(1) Trainees must attend all classes unless temporarily excused by the General Departmental Instructor in appropriate circumstances such as court appearances, emergencies, or personal illness.
(2) An excused absence shall not exceed ten percent (10%) of the course duration. Absence of more than ten percent (10%) requires that the portion of the course missed be repeated within thirty (30) days of the absence. If an officer is unable to complete the make-up within thirty (30) days, the officer shall repeat the entire course.
(3) Trainees shall not be granted an excused absence for any portion of a mandated course pursuant to Tenn. Comp. R. & Regs. 1110-04-.05.
History
- Authority: T.C.A. §§ 38-8-107 and 38-8-111.
- Administrative History: Original rule filed December 20, 1982; effective January 19, 1983. Amendment filed October 25, 1993; effective March 1, 1994. Amendments filed January 7, 2021; effective April 7, 2021.
Tenn. Comp. R. & Regs. 1110-04-.08 TESTING INSTRUMENTS
(1) Multiple test instruments shall be designed to assure that the same test is not administered to two (2) consecutive training sessions using the same curriculum. The test shall include at least fifty (50) questions of an objective nature, such as multiple choice and matching.
(2) Test answer sheets shall follow a format which shows the name, rank, Public Safety Identification Number and employing agency of the trainee. Test instruments which combine the questions with the answer sheet shall not be accepted for grading.
(3) The tests shall be developed, administered, and scored by the General Departmental Instructor and Instructors. Each trainee must score at least seventy-five percent (75%).
History
- Authority: T.C.A. §§ 38-8-104 and 38-8-107.
- Administrative History: Original rule filed December 20, 1982; effective January 19, 1983. Amendment filed October 25, 1993; effective March 1, 1994. Amendment filed April 19, 2002; effective August 28, 2002. Amendment filed March 18, 2010; effective June 16, 2010. Amendment filed March 11, 2011; effective June 9, 2011. Amendments filed January 7, 2021; effective April 7, 2021.
Tenn. Comp. R. & Regs. 1110-04-.09 APPROVAL OF SPECIALIZED SCHOOLS CERTIFICATION
(1) The Commission shall determine whether a specialized school is eligible to provide a law enforcement officer with training appropriate to his/her rank and responsibilities. Only schools of a law enforcement related nature shall be considered for in-service credit toward meeting the forty (40) hour training requirement. Each school must submit the curriculum and proof of successful completion by the individual attendee. Two (2) weeks after an officer completes the school’s curriculum, the school shall submit the specialized substitution form along with a copy of any certificate awarded to the attendee and a copy of the schedule to the Commission.
(2) If no test is administered at the conclusion of the course, the attending officer shall submit to his superior officer a detailed evaluation of the course. If satisfied that the training was valid and beneficial, the superior officer shall submit a statement to that effect, along with a copy of the report, to the Commission. In-service credit requests shall be reviewed as outlined in Tenn. Comp. R. & Regs. 1110-04-.05.
(3) In some instances, the specialized training session may be combined with the regularly scheduled and Commission-approved forty (40) hour in-service training sessions. If this is done, the attending officer must also be tested on those hours attended in the departmental forty (40) hour course in order to obtain credit for the specialized subject hours. The local General Department Instructor will choose the questions applicable for the test for the specialized training hours.
(4) Any officer moving to a specialized assignment involving the use of a specialized emergency conveyance shall receive sufficient training to meet the job requirements. Specialized emergency conveyance includes, but is not limited to, motorcycle, bicycle, or horse.
(5) Any officer promoted into a leadership position shall, within six (6) months of promotion, receive training sufficient to meet the job requirements. The training shall include courses in leadership and team building, first line supervisor training, and mid-level management.
(6) All newly appointed Police Chiefs shall, prior to or within six (6) months of appointment, complete a command level course of instruction for Police Chiefs at least thirty-two (32) hours in duration and approved by the Commission that includes command, management, and administration components specific to law enforcement. The hours of this course may count toward the required forty (40) hours of in-service training for the calendar year the course is completed.
(7) All newly appointed drug interdiction or drug task force agents or officers shall, prior to or within six (6) months of appointment, complete training establishing minimum standards for drug interdiction agents approved by the Commission. The hours of this course of instruction may count toward the required forty (40) hours of in-service training for the calendar year the course is completed. The six (6) month time limit for training shall be counted cumulatively, not consecutively.
(8) All full-time law enforcement officers who seize assets for purposes of forfeiture or apply for forfeiture warrants pursuant to the Tennessee Drug Control Act of 1989, as amended, on the portions of any highway designated and known as part of the national system of interstate and defense highways (“interstate”) shall complete a Commission-approved training for highway drug interdiction within six (6) months of appointment. The six (6) month requirement shall be counted cumulatively, not consecutively. The hours of this course may count toward the forty (40) hour in- service requirement for the year the course is completed.
(9) All newly appointed drug interdiction or drug task force directors shall, prior to or within six (6) months of appointment, complete a thirty-two (32) hour command level course of instruction approved by the Commission. The six (6) month requirement shall be counted cumulatively, not consecutively. The hours of this course may count toward the required forty (40) hours of in-service training for the year the course is completed.
History
- Authority: T.C.A. §§ 38-8-104, 38-8-107, and 38-8-111.
- Administrative History: Original rule filed December 20, 1982; effective January 19, 1983. Amendment filed January 6, 1989; effective May 1, 1989. Amendment filed August 4, 1992; effective November 29, 1992. Amendment filed October 25, 1993; effective March 1, 1994. Amendment filed April 19, 2002; effective August 28, 2002. Amendment filed October 2, 2006; effective December 16, 2006. Amendment filed October 2, 2006; effective February 28, 2007. Amendment filed March 18, 2010; effective June 16, 2010. Amendment filed July 24, 2014; effective October 22, 2014. Amendments filed January 7, 2021; effective April 7, 2021.
Tenn. Comp. R. & Regs. 1110-04-.10 RESERVED
History
- Authority: T.C.A. § 38-8-104.
- Administrative History: Original rule filed December 20, 1982; effective January 19, 1983. Amendments filed January 7, 2021; effective April 7, 2021.
Tenn. Comp. R. & Regs. 1110-04-.11 APPROVAL OF LAW ENFORCEMENT COURSES CONDUCTED BY COLLEGES AND
UNIVERSITIES FOR IN-SERVICE CREDIT.
(1) Any officer who successfully completes a law enforcement course (or courses) at any accredited institution of higher education may be considered for annual fulfillment of all or a portion of the required forty (40) hours of in-service training, as provided for in the provisions herein and approved by the Commission. This option does not include courses required by Tenn. R. & Regs. 1110-04-.05.
(2) The annual forty (40) hour in-service training requirements may be met by completing three (3) semester hours (45 classroom hours) or four (4) quarter hours (40 classroom hours) of instruction with a passing grade. The completion date of the course shall be within the calendar year for which in-service training credit is sought.
(3) Applications for in-service training credit under these provisions shall have the written approval of the agency head, the required Commission form, a copy of the course description, and proof of a passing grade. Final approval by the Commission is contingent upon official notification from the institution in which the course was completed.
(4) All online classes shall be pre-approved by the Commission on an individual basis.
History
- Authority: T.C.A. § 38-8-104.
- Administrative History: Original rule filed January 28, 1986; effective April 15, 1986. Amendment filed April 19, 2002; effective August 28, 2002. Amendment filed October 2, 2006; effective February 28, 2007. Amendments filed January 7, 2021; effective April 7, 2021.
Tenn. Comp. R. & Regs. 1110-04-.12 RESERVED
History
- Authority: T.C.A. §§ 38-8-104 and 38-8-107.
- Administrative History: Original rule filed September 24, 1986; effective December 29, 1986. Amendment filed September 17, 1987; effective December 29, 1987. Amendment filed April 19, 2002; effective August 28, 2002. Amendment filed October 2, 2006; effective February 28, 2007. Amendments filed January 7, 2021; effective April 7, 2021.
Chapter 1110-05 Forms and Documents
Tenn. Comp. R. & Regs. 1110-05-.01 FORMS REQUIRED FOR LAW ENFORCEMENT OFFICER CERTIFICATION
(1) Law enforcement officers required to be certified shall submit forms and documents in accordance with this chapter. Heads of law enforcement agencies shall ensure the timely submission of the required forms and documents.
(2) Law enforcement officers required to be certified shall complete and deliver to the Commission the following forms and documents no later than the end of the first day on which they begin their employment as law enforcement officers. Delivery shall be made through the ACADIS Public Safety Portal, email, or other electronic means approved by the Commission. No law enforcement officer shall be employed unless such forms and documents are submitted in compliance with this chapter.
(a) Application for Certification and Law Enforcement Agency Verification. The following documents shall be submitted with the Application for Certification and Law Enforcement Agency verification form in a manner proscribed by the Commission:
-
Birth verification;
-
Proof of citizenship;
-
Copy of high school diploma, GED certificate, or official high school transcript;
-
Background investigation report;
-
Application for certification;
-
Confidential Psychological Evaluation report;
-
Physical Examination; and 8. Copies of all military DD-214s, DD-215s, DD-875s, or NGB-22s (if applicable).
(b) The employing agency shall submit an applicant’s fingerprints directly to the TBI. The receipt of fingerprint submissions shall be retained by the TBI and the employing agency, and the employing agency will forward the receipt to the Commission. All results of an applicant’s fingerprint submissions shall be sent to the Commission by the employing agency.
(c) An application for the Basic Law Enforcement Course shall accompany the Application for Certification for all newly employed uncertified officers. The Application for Certification and required attachments must be submitted to the Commission before the applicant begins basic training.
(3) Change of Status. This form shall be submitted to the Commission immediately upon an officer’s separation or immediately upon a status change that will exceed thirty (30) days.
Such changes include the following:
(a) Extended medical leave;
(b) Any other leave of absence;
(c) Name change;
(d) Suspension; and (e) Change to duties and/or job description no longer meeting the definition of “full-time” law enforcement officer.
(4) Data Retained by Law Enforcement Agency. The following data and information shall be on file with the employing law enforcement agency or human resources department and available for inspection and audit by any members of the Commission or its designated representatives.
(a) Birth verification;
(b) Proof of citizenship;
(c) Copy of high school diploma, GED certificate, or official high school transcript;
(d) Background investigation report;
(e) Application for certification;
(f) Confidential Psychological Evaluation report;
(g) Physical Examination; and (h) Copies of all military DD-214s, DD-215s, DD-875s, or NGB-22s (if applicable).
History
- Authority: T.C.A. §§ 38-8-104, 38-8-106, 38-8-107, 38-8-108, and 38-8-111.
- Administrative History: Original rule filed December 20, 1982; effective January 19, 1983. Amendment filed September 24, 1986; effective December 29, 1986. Amendment filed November 13, 1989; effective February 28, 1990. Amendment filed August 4, 1992; effective November 29, 1992. Amendment filed April 19, 2002; effective August 28, 2002. Amendment filed October 2, 2006; effective February 28, 2007. Amendment filed March 11, 2011; effective June 9, 2011. Amendments filed January 7, 2021; effective April 7, 2021.
Chapter 1110-06 Administration of Income Supplements for Law Enforcement Officers
Tenn. Comp. R. & Regs. 1110-06-.01 ELIGIBILITY TO RECEIVE IN-SERVICE INCOME SUPPLEMENT
(1) A local unit of government is eligible to receive income supplement for law enforcement officers under T.C.A. § 38-8-111 if it is in compliance with minimum employment and training standards enumerated in T.C.A. §§ 38-8-105, 38-8-106, and 38-8-107, and in compliance with Tenn. Comp. R. & Regs. 1110-01 through 1110-09.
(a) Only municipalities, counties and law enforcement agencies required and having agreed to meet minimum standards are eligible to receive income supplement for officers.
(b) Income supplement reporting rosters shall be furnished for each law enforcement agency at the end of each calendar year. Information detailed on these forms shall include the name, rank, social security number, Public Safety Identification Number, date of basic training, and date and location of in-service training for each full-time law enforcement officer employed by the local unit of government. These forms shall be submitted electronically by January 31 of the following year. All identified deficiencies shall be promptly corrected by the submitting agency.
(c) All inquiries and contact with the Commission administrative office shall be made by a law enforcement agency’s administrative personnel or by its designee. Two (2) designees shall be identified in writing when the income supplement request is submitted. The names of the designees shall be updated annually by January 1.
History
- Authority: T.C.A. §§ 38-8-105 and 38-8-111.
- Administrative History: Original rule filed December 20, 1982; effective January 19, 1983. Amendment filed August 4, 1992; effective November 29, 1992. Amendment filed April 19, 2002; effective August 28, 2002. Amendments filed January 7, 2021; effective April 7, 2021.
Tenn. Comp. R. & Regs. 1110-06-.02 LAW ENFORCEMENT OFFICER ELIGIBILITY TO RECEIVE IN-SERVICE INCOME
SUPPLEMENT.
(1) To be qualified to receive an income supplement, a law enforcement officer shall be certified by the Commission and shall successfully complete a forty (40) hour in-service training course approved by the Commission.
(2) Officers who attend the Basic Law Enforcement Course shall not be eligible to receive payment during that calendar year and may not be required to attend in-service training during that year. These officers shall be eligible to receive payment during the following calendar year after the successful completion of forty (40) hours of in-service training.
(3) Officers who substitute their out-of-state basic training or other training for certification shall not be eligible to receive payment during that calendar year; however, they are required to complete forty (40) hours of in-service during the calendar year. These officers shall be eligible to receive payment during the following calendar year after they have again successfully completed forty (40) hours of in-service training.
(4) Officers who have not completed eight (8) months of full-time service during the calendar year are not eligible to receive payment except in the following circumstances (officers must have completed in-service training and firearms qualifications prior to these exceptions):
(a) Death of the officer;
(b) Retirement;
(c) Medical disability;
(d) Separation due to change in administration, which the officer can substantiate; and (e) Active duty military service which prevents timely completion of in-service training pursuant to T.C.A. § 38-8-111(a)(3).
(5) Officers terminated for cause or decertified during the calendar year shall not be eligible for payment.
(6) Sheriffs who successfully complete and continue such training shall receive salary supplements in the same manner and under the same conditions as in set forth in this rule, except that the Commission shall make the funds for salary supplements available to the appropriate counties for payment to sheriffs.
(7) Officers shall not be eligible to receive an income supplement from more than one (1) agency or department.
History
- Authority: T.C.A. §§ 38-8-111 and 38-11-110; Acts 1981, Ch. 455, § 10; and Acts 1983, Ch. 270, § 5.
- Administrative History: Original rule filed December 20, 1982; effective January 19, 1983. Amendment filed January 6, 1989; effective May 1, 1989. Amendment filed August 4, 1992; effective November 29, 1992. Amendment filed October 25, 1993; effective March 1, 1994. Amendment filed April 19, 2002; effective August 28, 2002. Amendments filed January 7, 2021; effective April 7, 2021.
Tenn. Comp. R. & Regs. 1110-06-.03 PAYMENT PROCEDURES
(1) The Commission shall disburse the income supplements awarded to law enforcement officers certified under the Commission for successful completion of annual forty (40) hour in-service training courses to eligible local units of government.
(2) It is the responsibility of the local unit of government to disburse funds to the individual officers after the deduction of applicable taxes within thirty (30) days of receipt pursuant to T.C.A. § 38-8-111.
(3) The award of an income supplement in any calendar year will be based on the availability of funds approved by the General Assembly.
(4) The local unit of government is responsible for any increases in an employer’s contribution to social security or a like program necessitated by an increase in the employee’s annual base earnings.
(5) Payment shall be made in lump sum directly to the local unit of government handling salary accounts for the eligible law enforcement agency.
(6) Payment shall be made only upon request by the local unit of government and upon submission of necessary documentation by the administrative officer of the eligible department which includes, but is not limited to, proof of successful completion by all eligible law enforcement officers of an approved forty (40) hour in-service training course, including all mandatory training programs, within the calendar year.
History
- Authority: T.C.A. § 38-8-111.
- Administrative History: Original rule filed December 20, 1982; effective January 19, 1983. Amendment filed August 4, 1992; effective November 29, 1992. Amendment filed April 19, 2002; effective August 28, 2002. Amendments filed January 7, 2021; effective April 7, 2021.
Tenn. Comp. R. & Regs. 1110-06-.04 AUDIT
All accounts shall be subject to audit by the State Comptroller. All records pertaining to income supplement shall be available for inspection by personnel of the Commission.
History
- Authority: T.C.A. § 38-8-111.
- Administrative History: Original rule filed December 20, 1982; effective January 19, 1983.
Tenn. Comp. R. & Regs. 1110-06-.05 FAILURE TO COMPLETE IN-SERVICE TRAINING
(1) Failure of a certified officer to complete the in-service training course successfully, including all mandatory training programs, will result in the officer’s loss of eligibility for the pay supplement in T.C.A. § 38-8-111.
(2) Failure of a certified officer to complete another in-service training course successfully, including all mandatory training programs, during the next calendar year will result in the officer’s loss of certification.
History
- Authority: T.C.A. §§ 38-8-107 and 38-8-111.
- Administrative History: New rule filed January 7, 2021; effective April 7, 2021.
Chapter 1110-07 Basic Training Academy Minimum Standards
Tenn. Comp. R. & Regs. 1110-07-.01 MINIMUM CURRICULA REQUIREMENTS
(1) Basic Law Enforcement Course. The Commission shall approve a program of instruction comprising fundamental law enforcement skills and knowledge, which shall be designated as the Basic Law Enforcement Course.
(a) Length. The Basic Law Enforcement Course shall include a minimum of four hundred eighty-eight (488) hours of instruction and study. Twenty percent (20%) of the total class hours in the course can be taught in a seminar setting.
(b) Format. The Basic Law Enforcement Course shall have a curriculum format that contains the elements listed below. A minimum score of seventy-five percent (75%) is required to complete each listed component successfully.
- Firearms – forty-eight (48) hours of instruction to include the following:
(i) Weapons safety, nomenclature, and maintenance;
(ii) For handguns, stances and firing positions, including kneeling, standing, prone, off -hand, barricade, one-hand grip, and two-hand grip;
(iii) Double or single action (depending upon department-approved weapon);
(iv) Firing of fifty (50) rounds;
(v) Shall not be fired beyond twenty-five (25) yards;
(vi) Student shall demonstrate a proficiency of at least seventy-five percent (75%) both during day and darkness on all weapons issued or authorized by the student’s department; and (vii) Demonstrate a proficiency of at least seventy-five percent (75%) on a stress exertion course which has a laterally moving target.
- Emergency Medical Training – ten (10) hours of instruction to include the following:
(i) Basic First Aid and CPR; infectious diseases; pathogens; and (ii) Airborne and blood pathogens.
- Patrol Procedures – one hundred twenty (120) hours of instruction to include the following:
(i) Traffic accident investigation;
(ii) Various types of patrol procedures;
(iii) Observation technique;
(iv) Officer survival tactics;
(v) Crime in progress;
(vi) Traffic control;
(vii) Crime scene and evidence protection and gathering, including chain of evidence;
(viii) Communication procedures;
(ix) Child sexual abuse investigation (minimum three (3) hours); and (x) Crisis intervention (domestic disputes).
- Interpersonal Communications – twenty-five (25) hours of instruction to include the following:
(i) Interview witnesses;
(ii) Interview victims;
(iii) Basic Street Spanish;
(iv) Field interviews; and (v) Law enforcement citizen contacts.
- Professional and Ethical Conduct – three (3) hours of instruction to include the following:
(i) IACP Code of Ethics; and (ii) Political influence on law enforcement.
- Physical Defense Tactics – forty-eight (48) hours of instruction to include the fol lowing:
(i) Physical fitness training, including an obstacle course or other Commission-approved final physical fitness test;
(ii) Suspect control;
(iii) Various unarmed self-defense tactics;
(iv) Baton use, if used by department; and (v) Control of the emotionally disturbed.
- Criminal and Constitutional Law and Procedures – fifty (50) hours of instruction to include the following:
(i) The impact that individual rights have upon police powers as set out in judicial opinions concerning the 1st, 4th, 5th, 6th, 8th, and 14th Amendments;
(ii) Post-arrest and pre-trial statutory procedure;
(iii) Civil liability of law enforcement; and (iv) Criminal offenses, including traffic offenses, and applicable local ordinances.
- Written Communications – ten (10) hours of instruction to include the following:
(i) Reports (all types);
(ii) Emphasis on elements of crimes in written narratives; and (iii) Report writing skills.
- Human Relations – thirty (30) hours of instruction to include the following:
(i) Sociology of groups, ethnic and racial;
(ii) Psychology of human behavior;
(iii) Basic street gang culture;
(iv) Sexual harassment; and (v) Domestic terrorism.
- Criminal Justice System – eleven (11) hours of instruction to include the following:
(i) Role of courts;
(ii) Role of various law enforcement agencies;
(iii) Role of correctional system;
(iv) Courtroom security; and (v) Civil process.
- Law Enforcement Stress – nine (9) hours of instruction to include the following:
(i) Recognizing the symptoms of law enforcement stress and coping mechanisms;
(ii) Law enforcement marriages; and (iii) Nutrition and health management.
- Administration – six (6) hours of instruction to include the following:
(i) Director’s prerogative. Directors of the academies will determine courses of instruction for recruits which may include specialized certifications, local laws and ordinances, specific community issues, or any other applicable subject relevant to the jurisdiction in which the academy is located.
- Emergency Vehicle Operations – forty-eight (48) hours of instruction to include the following:
(i) Day and night course;
(ii) Drive a law enforcement equipped vehicle at constant speeds, both forward and reverse, through a cone marked serpentine course using the slip steering method;
(iii) Reverse a law enforcement equipped vehicle in a straight line under full acceleration;
(iv) Bring a law enforcement equipped vehicle to a complete stop from a speed of forty (40) miles per hour on a dry asphalt surface within a distance of seventy-five (75) feet without sliding the tires on the pavement;
(v) Parallel park a law enforcement equipped vehicle in a cone marked space twenty-four (24) feet long. Student must be able to successfully parallel park the vehicle once looking over left shoulder to the driver side of the vehicle and once looking over right shoulder to the passenger side of the vehicle;
(vi) Change direction of travel by one hundred eighty degrees (180°) two (2) times within a cone marked lane thirty (30) feet wide with two (2) recessed areas to simulate driveways;
(vii) Within a cone marked lane twelve (12) feet wide, drive a law enforcement equipped vehicle forward; steer through the course to the adjacent lane where indicated; then return to the original lane where indicated. The officer will then back the vehicle through the same course. The officer will go forward again to get back into the stream of traffic;
(viii) Within a cone marked double “S” curve with a twelve (12) feet wide lane, drive a law enforcement equipped vehicle forward to the end;
(ix) Above items v, vi, vii, and viii shall be timed events;
(x) Pursuit driving;
(xi) Departmental policies, where applicable; and (xii) Vehicle familiarization.
-
National Safety Council Defensive Driving Course or comparable safety related course.
-
Community Policing – sixteen (16) hours of instruction to include the following:
(i) De-escalation techniques;
(ii) Duty to intervene;
(iii) Public assembly interaction; and (iv) Emphasizing positive community and officer interactions and relationships.
History
- Authority: T.C.A. § 38-8-104.
- Administrative History: Original rule filed January 29, 1986; effective April 15, 1986. Amendment filed September 24, 1986; effective December 29, 1986. Amendment filed June 13, 1997; effective October 28, 1997. Amendment filed April 19, 2002; effective August 28, 2002. Amendment filed October 2, 2006; effective February 28, 2007. Amendment filed March 18, 2010; effective June 16, 2010. Amendments filed January 7, 2021; effective April 7, 2021. Amendments filed September 3, 2021; effective December 2, 2021.
Tenn. Comp. R. & Regs. 1110-07-.02 STAFFING
(1) Staffing Positions. The academies providing Basic Law Enforcement Training shall have a minimum staff of one (1) Director of Training/Principal Training Officer, one (1) full-time Certified Law Enforcement Instructor, and one (1) Secretary/Clerk.
(a) The Director of Training/Principal Training Officer shall meet the Law Enforcement Instructor Certification requirements as set forth in Tenn. Comp. R. & Regs. 1110-03- .03, and all other requirements pertaining to the administration of a Basic Law Enforcement Course. The Director may have other assigned duties within the organization.
- Responsibilities. The responsibilities of the Director of Training/Principal Training Officer include, but are not limited to, the development, organization, implementation, testing, and supervision of any course of study or instruction; maintaining all the necessary records pertaining to each student; and maintaining testing materials and their administration.
(b) The full-time Certified Law Enforcement Instructor shall meet the Law Enforcement Instructor Certification requirements as set forth in T.C.A. § 38-8-104 and Tenn. Comp.
R. & Regs. 1110-03-.03.
- Responsibilities. The responsibilities of the full-time Certified Law Enforcement Instructor include, but are not limited to, preparing lesson plans, preparing testing instruments, conducting classes, supervising class conduct at all times, assuring the safety of students, and accounting for class attendance.
(c) The Secretary/Clerk will maintain records and conduct the necessary correspondence between the academy, the Commission, and law enforcement agencies. This position may be filled by an existing secretary or clerk with these responsibilities being added to his/her work assignments.
(2) Instructor Specifications. The instructor shall meet certain criteria in developing and maintaining a proper learning atmosphere for students. The Basic Law Enforcement Course shall employ performance-oriented instructional methods that will provide opportunities for each student to demonstrate successful achievement of the established training objectives.
This may be accomplished by the academy management ensuring that:
(a) Each instructor is qualified to teach in his/her specific area of instruction;
(b) Training directors may require part-time instructors to obtain an instructor certification from the Commission;
(c) Each instructor adheres to the course description and instructional objectives for his/her instructional block;
(d) Each instructor is evaluated annually by academy management to ensure instructional competence;
(e) Each instructor enforces the rules and regulations as outlined in these chapters;
(f) Each instructor teaches from an approved and current lesson plan;
(g) Each instructor informs each student of the ultimate performance objectives of his/her block of instruction at the beginning of each instructional period;
(h) Each instructor does not teach to the test; and (i) Each instructor sets the example for the students by paying particular attention to the areas of preparedness, honesty, integrity, approachability, and competence.
History
- Authority: T.C.A. § 38-8-104.
- Administrative History: Original rule filed January 28, 1986; effective April 15, 1986. Amendment filed June 13, 1997; effective October 28, 1997. Amendment filed April 19, 2002; effective August 28, 2002. Amendments filed January 7, 2021; effective April 7, 2021.
Tenn. Comp. R. & Regs. 1110-07-.03 BUILDINGS AND FACILITIES
(1) Building and Classroom Facilities. All requirements listed shall be met prior to inspection of new facilities.
(a) The academy shall be in an area devoted to law enforcement training to ensure training facilities are undisturbed by outside, unrelated activities or noises;
(b) Class size shall be limited to a maximum of seventy-five (75) students in all settings except a seminar or lecture-type setting, which may exceed seventy-five (75) students;
(c) The academy must have adequate facilities for physical training activities to support the curriculum, such as a multipurpose activity area or gym;
(d) The academy must have adequate restroom, locker, and shower facilities for male and female students;
(e) The academy must have administrative office space or a designated area for the organization and filing of appropriate school administrative records, documents, and related school training data;
(f) The academy must have internet access available to students, adequate to support study and achieve the learning objectives; and (g) The academy must have adequate audio-visual equipment to support the curriculum.
(2) Firing Range Facilities.
(a) The firing range must have at least twenty (20) firing points. All targets should have a minimum of four (4) foot centers;
(b) The firing range must have at least twenty-five (25) yard depth for firing at each point;
(c) The firing range must have adequate off -street parking space;
(d) The firing range must have some form of combat/action-reaction course;
(e) The firing range must have a laterally moving target;
(f) The firing range must have a shotgun course. This can be laid out on an existing pistol course; and (g) The firing range must comply with all state and local ordinances and laws pertaining to range and firearms safety;
(3) Driving Skill Range.
(a) The driving skill range must have adequate area available to teach basic law enforcement driving, stopping, and parking maneuvers;
(b) The driving skill range must have an adequate area available to teach advanced driving techniques;
(c) The driving skill range must have adequate off -street parking space; and (d) The driving skill range must comply with all pertinent state and local ordinances and laws.
History
- Authority: T.C.A. §§ 38-8-104; 68-18-101, et seq.; and 68-120-101.
- Administrative History: Original rule filed January 28, 1986; effective April 15, 1986. Amendment filed November 13, 1989; effective February 28, 1990. Amendment filed June 13, 1997; effective October 28, 1997. Amendment filed April 19, 2002; effective August 28, 2002. Amendment filed October 2, 2006; effective February 28, 2007. Amendments filed January 7, 2021; effective April 7, 2021.
Tenn. Comp. R. & Regs. 1110-07-.04 RECORD KEEPING
(1) All training academies must maintain a training record file, either paper or electronic, on each student attending the academy and retain that training record for thirty (30) years after the student’s initial enrollment in the academy. This file must include all records pertaining to that student’s attendance at that academy.
(2) Every academy must maintain an administrative file, either paper or electronic, that pertains to each class it conducts and retain that administrative file for ten (10) years after the class graduates from the academy. This file must include, but not be limited to, curriculum, attendance records, discipline records, counseling records, tests, and test answer sheets.
(3) Each academy shall maintain all lesson plan files, either paper or electronic, for each class and shall review for revisions annually. All training records and all lesson plan files must be retained by the academy for ten (10) years.
History
- Authority: T.C.A. § 38-8-104.
- Administrative History: Original rule filed January 28, 1986; effective April 15, 1986. Amendment filed September 24, 1986; effective December 29, 1986. Amendment filed June 13, 1997; effective October 28, 1997. Amendments filed January 7, 2021; effective April 7, 2021.
Tenn. Comp. R. & Regs. 1110-07-.05 CONTROL OF ENVIRONMENT
(1) Student Environment. Basic Law Enforcement Training academies shall control the student environment to promote efficient learning through a controlled atmosphere.
(a) Academies must adopt a specified set of policies, procedures, and rules, as set forth by the Commission, which govern the behavior expected and required of students attending a Basic Law Enforcement Training Course and to which each student must adhere in order to successfully complete a course of instruction.
- These rules shall establish in a definitive manner the minimal acceptable level of performance and compliance in the following areas:
(i) Attendance;
(ii) Tardiness;
(iii) Dress code;
(iv) Classroom demeanor;
(v) Coursework;
(vi) Guidelines for classroom discussion, question and answer sessions, and disagreement with instructors;
(vii) Examination and testing procedures;
(viii) Honor System for examinations;
(ix) Classroom intrusions; and (x) Specific procedures for students who fail to meet minimum requirements.
(b) These rules shall be disseminated and reviewed with a signed acknowledgment of understanding by each student prior to the commencement of instruction.
(c) Academies must adopt a printed schedule of classes, along with accompanying course descriptions. This schedule should inform the student about the course of study and general content of each instructional block.
History
- Authority: T.C.A. § 38-8-104.
- Administrative History: Original rule filed January 28, 1986; effective April 15, 1986. Amendment filed June 13, 1997; effective October 28, 1997. Amendments filed January 7, 2021; effective April 7, 2021.
Tenn. Comp. R. & Regs. 1110-07-.06 COMPLIANCE
(1) All basic law enforcement training academies approved by the Commission shall meet the minimum standards set forth in this chapter.
(2) Initial Compliance. All new academies approved after the effective date of these rules, shall comply with the basic law enforcement training academy minimum standards set forth in this
chapter.
(a) The Commission shall verify full compliance of all standards specified in this chapter prior to certification. Such verification shall include, but not be limited to, an on-site inspection. A Commission designee shall conduct an initial on-site inspection prior to verification of compliance.
(b) A basic law enforcement academy operated by a department for that department’s personnel shall demonstrate a need for an annual enrollment of one hundred (100) students.
(c) Basic law enforcement academies serving more than one (1) agency shall have a total immersion training atmosphere with at least four hundred eighty (480) hours of training and a dormitory environment.
(d) Upon verification of compliance with the standards set forth in this chapter, the Commission shall certify the academy.
(e) Annually, the Director of TLETA/Executive Secretary of the Commission will schedule a meeting that will cover curriculum review and standardization. All Training Directors and administrators of basic law enforcement academies statewide are required to attend.
(3) Continuing Compliance. All basic law enforcement training academies certified by the Commission shall continue to meet the basic law enforcement training academy minimum standards set forth in this chapter, and each academy has a continuing duty to notify the Commission when out of compliance at any time.
(a) Annual Report. Each academy shall submit an annual report to the Commission outlining continued compliance with the minimum standards set forth in this chapter on or before January 31.
(b) Annual On-site Visit. Upon receipt of the annual report from a basic law enforcement training academy a Commission designee shall conduct an on-site visit to audit continued compliance in all major areas of initial approval.
(c) Status Letter. Upon review of a basic law enforcement training academy's annual report and the completion of an on-site visit, the Commission shall issue a letter advising the academy of the status of its compliance.
(4) Non-Compliance.
(a) The director of each academy shall notify the Commission when out of compliance at any time.
(b) The Commission may consider, on an individual basis, a request for waiver to provide the agency the opportunity to return to full compliance. In no case shall a waiver exceed one (1) year from the date of the request.
(c) Failure to maintain compliance may result in the refusal to grant Certifications to instructors, Training Officers, or officers of the non-compliant academy until compliance is achieved.
(d) The Uniform Administrative Procedures Act in T.C.A. §§ 4-5-301 to -502 shall govern all matters and procedures respecting the hearing and judicial review of any contested case arising under this part.
History
- Authority: T.C.A. § 38-8-104.
- Administrative History: Original rule filed October 25, 1993; effective March 1, 1994. Amendment filed June 13, 1997; effective October 28, 1997. Amendment filed April 19, 2002; effective August 28, 2002. Amendment filed March 18, 2010; effective June 16, 2010. Amendments filed January 7, 2021; effective April 7, 2021.
Chapter 1110-08 Part-Time/Temporary/Reserve/Auxiliary Law Enforcement Officersand Special Deputies
Tenn. Comp. R. & Regs. 1110-08-.01 RESERVED
History
- Authority: T.C.A. §§ 38-8-101, 38-8-104, and 38-8-106.
- Administrative History: Original rule filed January 6, 1989; effective May 1, 1989. Amendment filed April 19, 2002; effective August 28, 2002. Amendments filed January 7, 2021; effective April 7, 2021.
Tenn. Comp. R. & Regs. 1110-08-.02 PRE-EMPLOYMENT REQUIREMENTS
(1) After May 1, 2021, any person employed or utilized as a part-time/temporary/reserve/auxiliary law enforcement officer or as a special deputy shall:
(a) Be at least eighteen (18) years of age;
(b) Be a citizen of the United States or a permanent legal resident of the United States, who is an honorably discharged veteran of the United States armed forces pursuant to T.C.A. § 38-8-105(d);
(c) Be a high school graduate or possess the equivalent of a high school diploma pursuant to Tenn. Comp. R. & Regs. 1110-01-.01. No waivers shall be granted for minimum education requirements;
(d) Not have been convicted of, pleaded guilty to, or entered a plea of nolo contendere to any felony charge or to any violation of any federal or state laws or city ordinances relating to force, violence, theft, dishonesty, gambling, liquor or other alcoholic beverage, controlled substances, imitation controlled substances, or controlled substance analogues;
(e) Not have been released or discharged from any of the armed forces of the United States under any conditions other than honorable;
(f) Have fingerprints on file with the TBI;
(g) Have passed a physical examination by a licensed physician. This physical examination may also be performed by a nurse practitioner or physician assistant no more than six (6) months prior to employment or start date, so long as the examination is expressly included in a written protocol developed, jointly by the supervising physician and the nurse practitioner or physician assistant, whichever is applicable, setting forth the range of services that may be performed by the nurse practitioner or physician assistant;
(h) Have good moral character as determined by a thorough investigation conducted by the employing agency;
(i) Have been certified by a Tennessee Licensed Health Care Provider qualified in the psychiatric or psychological fields as being free from any impairment—as set forth in the edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM) of the American Psychiatric Association current at the time of the examination—that would, in the professional judgment of the examiner, affect the person’s ability to perform an essential function of the job, with or without a reasonable accommodation;
(j) Not have been previously decertified as a law enforcement officer by the Commission; and (k) Not have previously voluntarily surrendered his/her certification as a law enforcement officer.
(2) If a part-time/temporary/reserve/auxiliary law enforcement officer or special deputy fails to meet any of the aforementioned pre-employment requirements, the officer’s employing agency shall submit a request for the applicable waiver(s) pursuant to Tenn. Comp. R. & Regs. 1110-09.
(3) A part-time/temporary/reserve/auxiliary law enforcement officer or special deputy who was employed prior to January 1, 1989, and has had continuous service is exempt from preemployment requirements if he/she remains on active service with the department that originally employed him/her. Any part-time/temporary/reserve/auxiliary law enforcement officer or special deputy who has a break in service of any length whatsoever shall be required to meet pre-employment and training standards.
History
- Authority: T.C.A. §§ 38-8-101, 38-8-104, and 38-8-106.
- Administrative History: Original rule filed January 6, 1989; effective May 1, 1989. Amendment filed April 19, 2002; effective August 28, 2002. Amendment filed October 2, 2006; effective February 28, 2007. Emergency rule filed January 28, 2014; effective through July 27, 2014. Emergency rule expired effective July 27, 2014; rule reverted to previous status. Amendment filed July 24, 2014; effective October 22, 2014. Amendments filed January 7, 2021; effective April 7, 2021.
Tenn. Comp. R. & Regs. 1110-08-.03 TRAINING REQUIREMENTS
(1) After October 1, 2021, any person newly employed or utilized as a parttime/temporary/reserve/auxiliary law enforcement officer or special deputy shall receive one hundred twenty-eight (128) hours of training in whatever duties he/she is required to perform by the employing agency. This training shall be accomplished during the first calendar year of employment. During this initial period, prior to receiving one hundred twenty-eight (128) hours of training, the part-time/temporary/reserve/auxiliary law enforcement officer or special deputy shall be paired with a field Training Officer or other certified officer.
(2) Any part-time/temporary/reserve/auxiliary law enforcement officer or special deputy who is hired within five (5) years of having served as a full-time, certified law enforcement officer may continue to be exempt from the requirement that he/she be paired with a full-time, certified officer as long as he/she completes in-service training each year and has no break in service.
(3) The one hundred twenty-eight (128) hour training requirement may be waived if the officer successfully completes a Basic Law Enforcement Course within two (2) years of the date of employment or utilization.
History
- Authority: T.C.A. § 38-8-104.
- Administrative History: Original rule filed January 6, 1989; effective May 1, 1989. Amendment filed April 19, 2002; effective August 28, 2002. Amendment filed October 2, 2006; effective December 16, 2006. Amendments filed January 7, 2021; effective April 7, 2021. Amendments filed September 3, 2021; effective December 2, 2021.
Tenn. Comp. R. & Regs. 1110-08-.04 IN-SERVICE TRAINING REQUIREMENTS
(1) After the initial training has been completed, all part-time/temporary/reserve/auxiliary law enforcement officers and special deputies shall be required to attend forty (40) hours of inservice training each calendar year.
(2) This training may be spread over a twelve (12) month period; however, the in-service training shall be completed during the calendar year.
History
- Authority: T.C.A. § 38-8-104.
- Administrative History: Original rule filed January 6, 1989; effective May 1, 1989. Amendment filed April 19, 2002; effective August 28, 2002. Amendments filed January 7, 2021; effective April 7, 2021.
Tenn. Comp. R. & Regs. 1110-08-.05 RECORDS KEPT BY EMPLOYING AGENCY
(1) All records pertaining to pre-employment shall be kept by the employing agency or its human resources department. The following data and information shall be on file at the law enforcement agency:
(a) Birth verification;
(b) Proof of citizenship;
(c) Copy of high school diploma, GED certificate, or official high school transcript;
(d) Background investigation report;
(e) Application for certification;
(f) Confidential psychological evaluation report;
(g) Physical examination; and (h) Copies of all military DD-214s, DD-215s, DD-875s, or NGB-22s (if applicable).
(2) All records pertaining to initial training and subsequent in-service training shall be kept by the employing agency. These records shall contain but not be limited to the following information:
(a) Dates and location of training;
(b) Type of training and instructors; and (c) Test and firearm scores.
History
- Authority: T.C.A. § 38-8-104.
- Administrative History: Original rule filed January 6, 1989; effective May 1, 1989. Amendments filed January 7, 2021; effective April 7, 2021.
Tenn. Comp. R. & Regs. 1110-08-.06 AUDIT
(1) All employment and training records shall be on file with the law enforcement agency or its human resources department and available for inspection and audit by any member of the Commission or a designated representative.
History
- Authority: T.C.A. § 38-8-104.
- Administrative History: Original rule filed January 6, 1989; effective May 1, 1989. Amendments filed January 7, 2021; effective April 7, 2021.
Chapter 1110-09 Criteria for Waivers
Tenn. Comp. R. & Regs. 1110-09-.01 SUBMISSION OF WAIVER REQUESTS
(1) Requests for waivers shall be submitted by the law enforcement agency employing the person requiring a waiver. Requests for a waiver filed/submitted by an individual will not be accepted by the Commission. The requesting agency may be represented at the hearing by its designee. When considering whether to grant a waiver, the Commission may, in its discretion and with reasonable notice, require the requesting agency and a person needing a waiver to appear before the Commission.
(2) The requesting agency and a person needing a waiver of pre-employment requirements, pursuant to Tenn. Comp. R. & Regs. 1110-09-.04, for criminal activity must appear in person at a hearing before the Commission in consideration of the request for waiver.
(3) Once a waiver has been granted for a previous pre-employment requirement, that requirement shall be considered waived for fut ure applications for certification.
History
- Authority: T.C.A. §§ 38-8-104, 38-8-105, and 38-8-106.
- Administrative History: Original rule filed August 4, 1992; effective November 29, 1992. Amendment filed October 2, 2006; effective February 28, 2007. Amendment filed March 18, 2010; effective June 16, 2010. Amendments filed January 7, 2021; effective April 7, 2021.
Tenn. Comp. R. & Regs. 1110-09-.02 WAIVER OF BASIC TRAINING
(1) The Commission shall not consider a waiver of basic training requirements; however, a Substitution of Basic Training may be considered under specific circumstances as requested by the employing agency.
(2) Substitution of Basic Training may be granted for a law enforcement officer meeting the following criteria:
(a) Having less than a three (3) year break in service from previous law enforcement employment in the State of Tennessee;
(b) Having left previous employment as a certified officer in good standing; and (c) Having at least forty (40) hours of in-service training which complies with Tenn. Comp.
R. & Regs. 1110-02-.03(5) and 1110-07-.01; or, having completed an equivalent federal, state, or local basic law enforcement training course.
History
- Authority: T.C.A. §§ 38-8-104 and 38-8-106.
- Administrative History: Original rule filed August 4, 1992; effective November 29, 1992. Amendment filed April 19, 2002; effective August 28, 2002. Amendments filed January 7, 2021; effective April 7, 2021.
Tenn. Comp. R. & Regs. 1110-09-.03 WAIVER OF TRANSITION SCHOOL
(1) A waiver of the Transition School may be considered on an individual basis upon review of education and previous law enforcement experience and training in the following circumstances:
(a) When a state officer who has completed basic training is entering employment as a fulltime law enforcement officer with an agency required to meet minimum standards; or (b) When a federal law enforcement officer who has completed equivalent training to basic training is entering employment as a full-time law enforcement officer with an agency required to meet minimum standards.
History
- Authority: T.C.A. §§ 38-8-104 and 38-8-106.
- Administrative History: Original rule filed August 4, 1992; effective November 29, 1992. Amendment filed March 18, 2010; effective June 16, 2010. Amendments filed January 7, 2021; effective April 7, 2021.
Tenn. Comp. R. & Regs. 1110-09-.04 WAIVER OF PRE-EMPLOYMENT REQUIREMENTS
(1) A waiver of pre-employment requirements may be granted under the following circumstances:
(a) No person in need of a waiver under this section may be employed as a law enforcement officer unless a request for a waiver has been submitted to the Commission. The waiver request will be scheduled to be considered at a Commission meeting as soon as reasonably practicable. Any person who shall appoint any applicant, who, to the knowledge of the appointee, fails to meet the minimum standards required by the Commission, and any person who signs the warrant or check for the payment of the salary of any person who, to the knowledge of the signer, fails to meet the qualifications as a law enforcement officer required by the Commission, commits a Class A misdemeanor, and upon conviction will be subject to a fine not exceeding one thousand dollars ($1,000) pursuant to T.C.A. § 38-8-105.
(b) Military History. The Commission may waive pre-employment requirements relating to the military history on an individual basis and depending on the circumstances.
- Waivers may be granted from pre-employment requirements for the following separations from military service:
(i) Entry Level Separation;
(ii) General Discharge under Honorable Conditions; or (iii) Uncharacterized Discharge.
- Waivers will not be granted from pre-employment requirements for the following separation from military service:
(i) Dishonorable Discharge;
(ii) Bad Conduct Discharge; or (iii) Other Than Honorable Discharge.
(c) Criminal Activity. The Commission may waive pre-employment requirements relating to criminal activity on an individual basis and depending on the circumstances.
-
The Commission may waive pre-employment requirements for a person who has been convicted of, pleaded guilty to, or entered a plea of nolo contendere to any felony charge of any violation of federal or state laws or city ordinances relating to force, violence (excluding domestic violence), theft, dishonesty, gambling, liquor and other alcoholic beverages, or controlled substances when the offense was classified as a misdemeanor.
-
No waiver will be granted while the individual is under the jurisdiction of the court or considered on probation, whether supervised or unsupervised. For driving under the influence violations, the individual must have met all the requirements of the Tennessee Department of Safety and received a restoration of his/her permanent driving privileges under the laws of the State of Tennessee before a waiver may be considered.
-
No waiver will be granted for a narcotics violation that could result in a felony charge, a conviction for domestic violence, or any offense set forth in 18 U.S.C § 922(g) that would make the possession of a firearm or weapon a prohibited act.
-
The agency sponsoring or considering employing the affected individual seeking employment or certification shall present a written request for waiver for any charges and provide a copy of the final court disposition of the case to the Commission prior to placing any applicant in a position of employment.
-
Some of the factors the Commission will consider when determining whether to grant a waiver are:
(i) The amount of time since the offense;
(ii) The amount of time since completion of the sentence;
(iii) The type, circumstances, and severity of the offense;
(iv) The applicant’s activities since the offense; and (v) The applicant’s ability to carry a firearm pursuant to federal and state law.
(d) Mental Impairment. A waiver will not be granted from pre-employment requirements for a mental impairment that would affect the person’s ability to perform an essential function of the job, with or without a reasonable accommodation.
(e) Education. A waiver will not be granted from pre-employment requirements relating to minimum education requirements.
(f) Previous decertification or voluntary surrender of certification as a law enforcement officer. The Commission may waive pre-employment requirements relating to previous decertification or voluntary surrender of certification as a law enforcement officer on an individual basis.
- Some of the factors the Commission will consider when determining whether to grant a waiver are:
(i) The circumstances of the previous decertification or voluntary surrender of certification as a law enforcement officer;
(ii) The amount of time since the previous decertification or voluntary surrender of certification as a law enforcement officer;
(iii) The applicant’s activities since the offense; and (iv) The applicant’s ability to carry a firearm pursuant to federal and state law.
History
- Authority: T.C.A. §§ 38-8-104, 38-8-105, and 38-8-106.
- Administrative History: Original rule filed August 4, 1992; effective November 29, 1992. Amendment filed April 19, 2002; effective August 28, 2002. Amendment filed October 6, 2006; effective February 28, 2007. Amendments filed March 18, 2010; effective June 16, 2010. Amendments filed March 11, 2011; effective June 9, 2011. Emergency rule filed January 28, 2014; effective through July 27, 2014. Emergency rule expired effective July 27, 2014; rule reverted to previous status. Amendment filed July 24, 2014; effective October 22, 2014. Amendments filed January 7, 2021; effective April 7, 2021.
Tenn. Comp. R. & Regs. 1110-09-.05 WAIVER OF IN-SERVICE TRAINING
(1) A waiver of in-service training may be granted in the following circumstances:
(a) Medical condition, injury, or disability. The chief administrative officer of a department must submit requests for waivers of in-service training for a calendar year on the basis of medical condition, injury, or disability. This request must explain the individual case and be accompanied by a doctor’s statement. Each request will be considered on an individual basis.
(b) Retirement. If seeking a waiver of in-service training for a calendar year on the basis that an officer will retire during that year, the certified officer shall submit a letter to his chief administrator stating his intention to retire prior to the completion of in-service training for the calendar year. If the request is approved by his department, then the letter shall be forwarded to the Commission for approval.
(c) Military service. The chief administrative officer must submit requests for waivers of inservice training for a calendar year based on military service. Each request will be considered on an individual basis.
(d) Failure to Complete. Failure to complete annual in-service training, for whatever reason, shall be reported to the Commission by submitting a request for waiver and written explanation documenting the reason the officer failed to comply. It is not considered failure to complete the required in-service training if an officer missed ten percent (10%) or less of the course duration due to an approved emergency absence pursuant to Tenn. Comp. R. & Regs. 1110-04-.07.
History
- Authority: T.C.A. §§ 38-8-104, 38-8-106, and 38-8-111.
- Administrative History: Original rule filed August 4, 1992; effective November 29, 1992. Amendment filed March 11, 2011; effective June 9, 2011. Amendments filed January 7, 2021; effective April 7, 2021.
Tenn. Comp. R. & Regs. 1110-09-.06 WAIVER OF EIGHT (8) MONTHS FULL-TIME SERVICE
(1) The Commission may consider a waiver of the eight (8) month full-time annual service requirement under the following conditions, as long as in-service training was completed during the calendar year:
(a) Death of the officer;
(b) Retirement;
(c) Medical condition, injury, or disability;
(d) Separation due to change of administration, which the officer can substantiate; or (e) Military service.
History
- Authority: T.C.A. §§ 38-8-104, 38-8-106, and 38-8-111.
- Administrative History: Original rule filed August 4, 1992; effective November 29, 1992. Amendment filed April 19, 2002; effective August 28, 2002. Amendments filed January 7, 2021; effective April 7, 2021.
Tenn. Comp. R. & Regs. 1110-09-.07 WAIVER OF RE-ENROLLMENT IN AN ACADEMY
(1) The Commission may grant a waiver of the requirement to re-enroll in the same academy and allow enrollment in a different academy pursuant to Tenn. Comp. R. & Regs. 1110-02- .03(4) in the following circumstances:
(a) Medical condition, injury, or disability;
(b) Military service; or (c) Association/employment with law enforcement agency.
History
- Authority: T.C.A. § 38-8-104.
- Administrative History: New rule filed January 7, 2021; effective April 7, 2021.
Tenn. Comp. R. & Regs. 1110-09-.08 WAIVER OF SIX (6) MONTHS ENROLLMENT REQUIREMENT
(1) The Commission may grant a waiver of the requirement to enroll in a law enforcement training course within six (6) months of an officer’s date of employment in the following circumstances:
(a) Medical condition, injury, or disability;
(b) Military service; or (c) A reason determined by the Commission to be acceptable or justified.
History
- Authority: T.C.A. § 38-8-104.
- Administrative History: New rule filed January 7, 2021; effective April 7, 2021.
Tenn. Comp. R. & Regs. 1110-09-.09 WAIVER OF INSTRUCTOR DEVELOPMENT SCHOOL
(1) The Commission may grant a waiver of the requirement to complete instructor development school based upon the following factors:
(a) Training;
(b) Education; and (c) Experience.
History
- Authority: T.C.A. § 38-8-104.
- Administrative History: New rule filed January 7, 2021; effective April 7, 2021.
Chapter 1110-10 Firearm Certification for Retired Law Enforcement Officers
Tenn. Comp. R. & Regs. 1110-10-.01 RETIRED LAW ENFORCEMENT OFFICER LEOSA CERTIFICATION APPLICATIONS
(1) A retired certified full-time law enforcement officer seeking a Law Enforcement Officer Safety Act (“LEOSA”) certification to carry a concealed firearm pursuant to T.C.A. §§ 38-8-116 and 38-8-123, and 18. U.S.C. § 926C, if applicable, shall submit to the Commission an initial application and proof of compliance with all statutory requirements including, but not limited to, the following:
(a) A signed letter from the chief law enforcement officer of the officer’s former law enforcement agency stating that the officer retired or separated in good standing with ten (10) years or more of aggregate law enforcement experience;
(b) Copy of a photographic identification issued by the law enforcement agency from which the officer retired or separated from service as a law enforcement officer that identifies the person as having been employed full-time as a law enforcement officer;
(c) Proof signed by a current certified firearms instructor or an instructor at TLETA that the officer met the annual training and qualification standards for active law enforcement officers to carry a firearm of the same type as the concealed weapon the officer intends to carry;
(d) Copy of prior certification as a full-time law enforcement officer;
(e) Copy of a current criminal history background report from the TBI and FBI;
(f) Proof of compliance with the requirements of T.C.A. § 4-58-103; and (g) An annual certification fee of ten dollars ($10).
(2) A LEOSA certification issued by the Commission shall expire one (1) year from the date the officer successfully met the annual training and qualification standards for active law enforcement officers to carry a firearm of the same type as the concealed weapon.
History
- Authority: T.C.A. §§ 38-8-116 and 38-8-123.
- Administrative History: Original rule filed March 18, 2010; effective June 16, 2010. Amendments filed January 7, 2021; effective April 7, 2021.
Tenn. Comp. R. & Regs. 1110-10-.02 PRIVATE FIREARMS INSTRUCTOR CERTIFICATION
(1) A person desiring to provide firearms training pursuant to T.C.A. §§ 38-8-116 and 38-8-123, shall obtain certification as a private firearms instructor by meeting the following requirements:
(a) Requirements for Certification 1. An applicant shall have at least five (5) years of experience as a certified fulltime law enforcement officer or an equivalent combination of education and experience as determined by the Commission;
-
An applicant shall successfully complete a forty (40) hour instructor development program and/or any equivalent combination of education and experience as determined by the Commission; and 3. An applicant shall have successfully completed a minimum of forty (40) hours of certified training in the specialized area having been approved by the Commission.
-
Any exceptions to the above requirements shall be approved by the Commission.
(b) Application for Certification 1. A person seeking certification shall submit an application for Private Firearms Instructor in such form as the Commission may require;
-
An applicant shall submit a complete lesson plan in the specialized area;
-
An applicant shall submit a Certificate of Completion of a forty (40) hour instructor development course;
-
An applicant shall submit a Certificate of Training in the specialized area(s); and 5. An applicant shall submit a certification fee of ten dollars ($10).
(2) Denial, suspension, or revocation of instructor certification may be considered by the Commission for the following reasons:
(a) An instructor’s employment is terminated for reason(s) detrimental to the law enforcement profession;
(b) An instructor fails to prepare properly and deliver adequate instruction; or (c) An instructor falsified or omitted information required on an application for certification or on a supporting document.
(3) An instructor’s certification will automatically expire if the holder of the certification does not instruct within two (2) years.
(4) Unless otherwise provided above, the Uniform Administrative Procedures Act, compiled in T.C.A. §§ 4-5-301 to -502, governs all matters and procedures concerning the hearing and judicial review of any contested case for the suspension or revocation of an instructor certification.
History
- Authority: T.C.A. §§ 38-8-116 and 38-8-123.
- Administrative History: Original rule filed March 18, 2010; effective June 16, 2010. Amendments filed January 7, 2021; effective April 7, 2021.
Tenn. Comp. R. & Regs. 1110-10-.03 LEOSA CERTIFICATION FIRING RANGE RATE AND FEES
(1) A retired law enforcement officer seeking to obtain the annual training and qualification standards for active law enforcement officers to carry a firearm of the same type as the concealed weapon from the Commission shall be required to pay the standard firing range tuition rate and fees charged by TLETA.
History
- Authority: T.C.A. §§ 38-8-116 and 38-8-123.
- Administrative History: Original rule filed March 18, 2010; effective June 16, 2010. Amendments filed January 7, 2021; effective April 7, 2021.
Continua la tua ricerca in ChatGPT o Claude
Collega Omnilex per cercare nel corpus legale dal tuo assistente IA.