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:

1. 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;

2. 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;

3. 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;

4. Been found to have supplied or acquiesced in false information being supplied to the Commission regarding eligibility for certification;

5. Failed to participate in a forty (40) hour in-service training program each calendar year;

6. 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 officer 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.

Notes

Tenn. Comp. R. & Regs. 1110-02-.04

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 4/7/2021.

Authority: T.C.A. §§ 38-8-104, 38-8-104(b), 38-8-105, and 38-8-106.