Tenn. Comp. R. & Regs. 1110-02-.03

Current through May 29, 2024
Section 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:
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.

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).