Section 0360-07-01-.07 - WAIVER(1) The Commission shall only consider requests to waive the following rules and regulations: (a) The waiting periods between certifications in rules 0360-02-02 and 0360-03-01;(b) The deadline for submission of training programs for approval in rule 0360-07- 01 .05(4); and(c) The deadline for submitting requests for educational incentive pay in rule 0360-07-01-.06(1)(i).(2) When considering whether good cause has been shown to grant a waiver pursuant to this rule, the Commission may consider, but is not limited to, the following: (a) Hardships on departments through time, staffing, budget or facilities limitations;(b) Unavailability of qualified instructors or test proctors due to financial, staffing or time constraints;(c) Inclement weather, natural disasters, etc.; and(d) Illness, injury or disability of training officer that causes the department to miss the submission deadlines in rule 0360-07-01-.05(4) or 0360-07-01-.06(1)(i).(3) A waiver shall not be granted in two (2) consecutive years unless otherwise authorized by the Commission.(4) A request for a waiver shall be submitted in writing to the Commission.Tenn. Comp. R. & Regs. 0360-07-01-.07
Original rule filed August 27, 1979; effective October 10, 1979. Amendment filed November 8, 1990; effective December 23, 1990. Amendment filed December 14, 2009; effective March 14, 2010. Amendment filed October 5, 2010; effective March 31, 2011. Repeal and new rule filed October 27, 2014; effective January 25, 2015. Amendments filed July 27, 2018; effective October 25, 2018. Amendments filed January 22, 2020; effective April 21, 2020. Emergency rules filed September 2, 2021; effective through March 1, 2022. Emergency rules expired effective March 2, 2022, and the rules reverted to their previous statuses. Amendments filed August 29, 2022; effective 11/27/2022.Authority: T.C.A. §§ 4-24-101 and 4-24-107.