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

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

(a)  The commission shall:

     (1)  Develop, plan and implement law enforcement training programs for all local law enforcement officers in Tennessee;

     (2)  Function as a clearing house for training programs related to local law enforcement;

     (3)  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;

     (4)  Establish uniform standards for the employment and training of police officers, including preemployment qualifications and requirements for officer certification;

     (5)  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, for the specific purpose of training police recruits or police officers;

     (6)  Consult and cooperate with municipalities, the state of Tennessee or any political subdivision of the state, for the specific purpose of training police recruits or police officers;

     (7)  Consult and cooperate with municipalities, the state of Tennessee or any political subdivision of the state and with universities, colleges, junior colleges 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;

     (8)  Approve facilities for school operation by or for any municipality, the state or any political subdivision of the state for the specific purpose of training police recruits and police officers;

     (9)  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;

     (10)  Make or encourage studies on any aspect of police education, training and recruitment; and

     (11)  Administer income supplements for police officers.

(b)  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.

(c)  The commission is authorized to adopt and enforce such rules and regulations as may be necessary to carry out the provisions of this chapter.

(d)  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.

(e)  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 illness, 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 the provisions of this subsection (e).

(f)  The commission shall establish standards for the certification of railroad police officers commissioned pursuant to § 65-6-133.

[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.]