Tenn. Comp. R. & Regs. 1110-09-.04 - WAIVER OF PRE-EMPLOYMENT REQUIREMENTS

(1) A waiver of pre-employment requirements may be granted under the following circumstances:

(a) No person in need of a waiver under this section may be employed as a law enforcement officer unless a request for a waiver has been submitted to the Commission. The waiver request will be scheduled to be considered at a Commission meeting as soon as reasonably practicable. Any person who shall appoint any applicant, who, to the knowledge of the appointee, fails to meet the minimum standards required by the Commission, and any person who signs the warrant or check for the payment of the salary of any person who, to the knowledge of the signer, fails to meet the qualifications as a law enforcement officer required by the Commission, commits a Class A misdemeanor, and upon conviction will be subject to a fine not exceeding one thousand dollars ($1,000) pursuant to T.C.A. § 38-8-105.

(b) Military History. The Commission may waive pre-employment requirements relating to the military history on an individual basis and depending on the circumstances.

1. Waivers may be granted from pre-employment requirements for the following separations from military service:

(i) Entry Level Separation;

(ii) General Discharge under Honorable Conditions; or

(iii) Uncharacterized Discharge.

2. Waivers will not be granted from pre-employment requirements for the following separation from military service:

(i) Dishonorable Discharge;

(ii) Bad Conduct Discharge; or

(iii) Other Than Honorable Discharge.

(c) Criminal Activity. The Commission may waive pre-employment requirements relating to criminal activity on an individual basis and depending on the circumstances.

1. The Commission may waive pre-employment requirements for a person who has been convicted of, pleaded guilty to, or entered a plea of nolo contendere to any felony charge of any violation of federal or state laws or city ordinances relating to force, violence (excluding domestic violence), theft, dishonesty, gambling, liquor and other alcoholic beverages, or controlled substances when the offense was classified as a misdemeanor.

2. No waiver will be granted while the individual is under the jurisdiction of the court or considered on probation, whether supervised or unsupervised. For driving under the influence violations, the individual must have met all the requirements of the Tennessee Department of Safety and received a restoration of his/her permanent driving privileges under the laws of the State of Tennessee before a waiver may be considered.

3. No waiver will be granted for a narcotics violation that could result in a felony charge, a conviction for domestic violence, or any offense set forth in 18 U.S.C § 922(g) that would make the possession of a firearm or weapon a prohibited act.

4. The agency sponsoring or considering employing the affected individual seeking employment or certification shall present a written request for waiver for any charges and provide a copy of the final court disposition of the case to the Commission prior to placing any applicant in a position of employment.

5. Some of the factors the Commission will consider when determining whether to grant a waiver are:

(i) The amount of time since the offense;

(ii) The amount of time since completion of the sentence;

(iii) The type, circumstances, and severity of the offense;

(iv) The applicant's activities since the offense; and

(v) The applicant's ability to carry a firearm pursuant to federal and state law.

(d) Mental Impairment. A waiver will not be granted from pre-employment requirements for a mental impairment that would affect the person's ability to perform an essential function of the job, with or without a reasonable accommodation.

(e) Education. A waiver will not be granted from pre-employment requirements relating to minimum education requirements.

(f) Previous decertification or voluntary surrender of certification as a law enforcement officer. The Commission may waive pre-employment requirements relating to previous decertification or voluntary surrender of certification as a law enforcement officer on an individual basis.

1. Some of the factors the Commission will consider when determining whether to grant a waiver are:

(i) The circumstances of the previous decertification or voluntary surrender of certification as a law enforcement officer;

(ii) The amount of time since the previous decertification or voluntary surrender of certification as a law enforcement officer;

(iii) The applicant's activities since the offense; and

(iv) The applicant's ability to carry a firearm pursuant to federal and state law.

Notes

Tenn. Comp. R. & Regs. 1110-09-.04

Original rule filed August 4, 1992; effective November 29, 1992. Amendment filed April 19, 2002; effective August 28, 2002. Amendment filed October 6, 2006; effective February 28, 2007. Amendments 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, and 38-8-106.