Section 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.Tenn. Comp. R. & Regs. 1110-08-.02
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 4/7/2021.Authority: T.C.A. §§ 38-8-101, 38-8-104, and 38-8-106.