58-1-216 - Efficiency and medical examining boards Procedure. - Tennessee Statutes

58-1-216. Efficiency and medical examining boards Procedure.

(a)  Efficiency and medical examining boards appointed by the governor shall follow the practice and procedure prescribed by applicable laws of the United States and this state, and the regulations issued thereunder, including the right to subpoena witnesses. Any officer ordered to appear before such a board shall be allowed to appear in person or by counsel, to cross-examine witnesses and to call witnesses in the officer's behalf. The officer shall at all stages of the proceedings be allowed full access to the records pertinent to the case and be furnished with copies of the same. Failure to appear before any such examining board shall be sufficient ground for a finding by such board that the officer ordered to appear be discharged. If the findings of such board are unfavorable to an officer and are approved as provided by applicable laws of the United States or the state, the governor shall relieve the officer from duty and shall give the officer a discharge in such form as may be appropriate. If the discharge of an officer is recommended solely because of physical inability to perform active service, such officer may be transferred to the Tennessee national guard retired list in accordance with the provisions of parts 1, 2 and 4-6 of this chapter.

(b)  The national guard efficiency and medical examining board appointed by the governor shall periodically be subject to review pursuant to the governmental entity review law simultaneously with, and as an adjunct to, the military department.

[Acts 1970, ch. 596, § 35; T.C.A., § 7-132; Acts 1985, ch. 64, § 3.]