(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:
1. 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 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 Commission-approved 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.
Notes
Tenn. Comp. R. & Regs.
1110-02-.03
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 4/7/2021.
Authority: T.C.A. §§
38-8-104,
38-8-105,
38-8-106,
38-8-107, 38-8-111, and 38-8-111(f).