Tennessee § 38-8-104 - Powers and duties of commission.

§ 38-8-104. Powers and duties of commission.

The commission shall: Develop, plan, and implement law enforcement training programs for all local law enforcement officers in Tennessee; Function as a clearing house for training programs related to local law enforcement; Receive, administer, and expend local, state, federal, and other monetary assistance in the form of grants or otherwise, in order to further any of the commission's purposes pursuant to this chapter; Establish uniform standards for the employment and training of police recruits and police officers, including preemployment qualifications and requirements for officer certification; Establish minimum standards and curriculum requirements for the courses of study offered by or for any municipality, the state of Tennessee or any political subdivision of the state, and universities, colleges, community colleges, colleges of applied technology, and other educational institutions for the specific purpose of training police recruits or police officers; Consult and cooperate with municipalities, the state of Tennessee or any political subdivision of the state, and universities, colleges, community colleges, colleges of applied technology, and other educational institutions for the specific purpose of training police recruits or police officers; Consult and cooperate with municipalities, the state of Tennessee or any political subdivision of the state, and universities, colleges, community colleges, colleges of applied technology, and other educational institutions concerning the development of police training schools and programs limited to education and training in the area of police science, police administration, and all allied and supporting fields; Approve facilities for school operation by or for any municipality, the state of Tennessee or any political subdivision of the state, and universities, colleges, community colleges, colleges of applied technology, and other educational institutions for the specific purpose of training police recruits and police officers; Issue certification to persons who, by reason of experience and completion of in-service, advanced education or specialized training, are especially qualified for particular aspects or classes of police work; Make or encourage studies on any aspect of police education, training, and recruitment; and Administer income supplements for police officers. The commission, in addition to all the powers and duties vested in it by law, is vested with the power and is charged with the duty of observing, administering, and enforcing all the provisions of this chapter. The commission is authorized to adopt and enforce such rules and regulations as may be necessary to carry out this chapter. The commission shall have the authority to establish criteria for determining whether to grant an exception to or waive the qualifications of minimum standards as provided in § 38-8-106, based on a person's previous law enforcement experience and training. The commission shall establish criteria for determining whether to grant an exception to or to waive the qualifications of § 38-8-106, for a person hired as a police officer after July 1, 1987, except that no waiver or exception shall be granted for dishonorable discharge from the military, mental impairment which affects the person's ability to perform an essential function of the job with or without a reasonable accommodation, or a narcotics violation that could result in a felony charge. The commission's decisions with regard to exceptions or waivers granted under this subsection (e) shall be appealable to the chancery court. The commission shall adopt rules and regulations in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement this subsection (e). The commission shall establish standards for the certification of railroad police officers commissioned pursuant to § 65-6-133. The commission has the authority to obtain a set of classifiable fingerprints for any person hired as a police officer or enrolled as a police recruit in an approved recruit training program and to submit the set of fingerprints to the Tennessee bureau of investigation for a search of its criminal history records systems to determine whether the person has any recorded convictions in Tennessee and meets the minimum qualifications as provided in § 38-8-106. The Tennessee bureau of investigation shall forward the set of fingerprints to the federal bureau of investigation for a search of the national criminal history database per federal bureau of investigation policy to determine whether the person has any recorded convictions and meets the minimum qualifications as provided in § 38-8-106. Acts 1981, ch. 455, § 4; T.C.A., § 38-11-104 ; Acts 1983, ch. 209, § 1; 1983, ch. 270, §§ 3, 4; 1987, ch. 412, §§ 2, 5; 2006, ch. 1009, § 4; 2009, ch. 372, § 1; 2013, ch. 137, § 3; 2017, ch. 151, §§ 1, 2. Compiler's Notes. Acts 2009, ch. 372, § 4, provided that the act, which added §§ 38-8-104(f) , 38-8-107(e) , and 65-6-133 (h), shall apply to any railroad police officer commissioned pursuant to § 65-6-133 on or after July 1, 2009. Amendments. The 2017 amendment, in (a), inserted “police recruits and” in (4), inserted “and universities, colleges, community colleges, colleges of applied technology, and other educational institutions” in (5), (6), and (8), substituted “and universities, colleges, community colleges, colleges of applied technology,” for “and with universities, colleges, junior colleges” in (7), and substituted “the state of Tennessee” for the first occurrence of “the state” in (8); and added (g). Effective Dates. Acts 2017, ch. 151, § 4. July 1, 2017. Attorney General Opinions. There is no requirement that the person filing a complaint with the peace officers standards and training commission be a law enforcement agency or have any particular standing, but only the commission can actually vote to suspend or revoke the certification of an officer, OAG 00-191 (12/20/00). Certification requirements for police officers, OAG 05-131 (8/24/05). The Peace Officer Standards & Training (POST) Commission has authority to impose a fee for both statewide and nationwide certification and, in its discretion, to determine a reasonable fee for the issuance of firearm certifications. The Commission may also establish such rules and regulations as are necessary to administer its duties. OAG 18-44, 2018 Tenn. AG LEXIS 41 (9/18/2018).