Rules & Regulations of the State of Tennessee Title 1110 - Peace Officer Standards and Training
I. PURPOSE AND LEGAL AUTHORITY
Title 1110 implements the statutory authority granted to the Tennessee Peace Officer Standards and Training Commission (POST Commission) under Tennessee Code Annotated Title 38, Chapter 8.
The purpose of Title 1110 is to:
Establish minimum statewide standards for law enforcement officers
Ensure professional competency and integrity
Provide a uniform certification system
Regulate training, discipline, and decertification
Courts consistently recognize the POST Commission as an administrative agency, subject to statutory limits and judicial review under the Uniform Administrative Procedures Act (UAPA).
II. DEFINITIONS — Chapter 1110-01
Chapter 1110-01 defines key terms controlling the scope of the rules, including:
Certified Law Enforcement Officer
An individual who meets minimum employment standards and successfully completes POST-approved training.
Peace Officer
A full-time or part-time employee with general law enforcement authority and powers of arrest.
Basic Law Enforcement Training (BLET)
The initial academy training required before certification.
Waiver
A formal exemption granted by the Commission from specific training or time requirements.
Legal significance:
Courts apply these definitions strictly. If an individual does not meet a defined category, POST requirements may not apply.
III. CERTIFICATION REQUIREMENTS — Chapter 1110-02
A. Mandatory Certification
All full-time law enforcement officers employed after July 1, 1982 must:
Meet pre-employment standards
Complete POST-approved basic training
Receive certification from the Commission
Certification is not optional; officers may not lawfully exercise authority without compliance.
B. Pre-Employment Standards
An applicant must:
Be at least 21 years old
Possess a high school diploma or equivalent
Be free of disqualifying criminal convictions
Meet physical and psychological standards
Submit truthful and complete application materials
C. Issuance of Certification
Once an applicant meets all statutory and regulatory requirements, the Commission must issue certification unless a lawful disqualification exists.
Case Law: Wright v. Tennessee Peace Officer Standards and Training Commission
The Tennessee Court of Appeals held:
The POST Commission cannot deny certification based on internal rules that conflict with statute
An expunged conviction, where not statutorily disqualifying, cannot be used to deny certification
Certification becomes a legal entitlement once requirements are met
Key principle:
Administrative rules cannot add disqualifications not authorized by statute.
IV. DISCIPLINE, SUSPENSION, AND REVOCATION — Rule 1110-02-.04
A. Grounds for Discipline
The Commission may suspend or revoke certification if an officer:
Is convicted of a felony
Is convicted of an offense punishable by incarceration
Falsifies information during certification
Demonstrates a pattern of disregard for the law
Engages in conduct unbecoming an officer
B. Procedural Protections
Before discipline:
The officer must receive notice
A hearing must be conducted
Evidence must support the Commission’s findings
Commission decisions are appealable to Chancery Court under the UAPA.
Case Law: Bee Deselm v. Tennessee POST Commission
The court addressed:
Whether a criminal contempt conviction justified decertification
The meaning of “pattern of disregard for the law”
The court ruled:
The Commission has discretion, but
Discipline must be supported by substantial and material evidence
Isolated incidents may be insufficient without proof of a pattern
Key principle:
POST discipline is discretionary but not unlimited and must be justified by evidence.
V. TRAINING REQUIREMENTS
A. Basic Law Enforcement Training — Chapter 1110-07
Sets minimum academy length, curriculum, testing, and performance standards
Includes firearms, legal instruction, ethics, and defensive tactics
Training academies must be POST-approved
Failure to complete basic training results in denial or revocation of certification.
B. In-Service Training — Chapter 1110-04
Certified officers must complete annual in-service training, generally:
40 hours per calendar year
Certain subjects are mandatory (e.g., legal updates, firearms)
Failure to comply may result in:
Loss of good standing
Suspension of certification
C. Part-Time and Reserve Officers — Chapter 1110-08
Part-time, reserve, and auxiliary officers must:
Complete at least 128 hours of POST-approved training
Finish required training within designated timeframes
They may not perform law enforcement duties beyond the scope allowed without compliance.
VI. WAIVERS — Chapter 1110-09
The Commission may grant waivers for:
Medical disability
Military deployment
Retirement during the training year
Other justified hardship
Waivers:
Are not automatic
Must be requested in writing
Are evaluated individually
Courts treat waiver decisions as discretionary but reviewable for abuse of discretion.
VII. FORMS, REPORTING, AND ADMINISTRATION
Chapters 1110-05 & 1110-06
These chapters govern:
Required certification forms
Employment status reports
Income supplement eligibility
Agency reporting obligations
Failure by an agency to submit accurate forms may affect an officer’s certification status.
VIII. JUDICIAL REVIEW AND ENFORCEMENT
Standard of Review
Courts reviewing POST decisions examine:
Whether the agency acted within statutory authority
Whether findings are supported by substantial evidence
Whether the decision was arbitrary or capricious
Consistent Judicial Themes
POST rules are enforceable only when consistent with statute
Certification is a protected legal interest once earned
Disciplinary authority must be exercised fairly and consistently
IX. PRACTICAL LEGAL EFFECT
Certification is mandatory and legally enforceable
Training is ongoing, not one-time
Decertification can end an officer’s career statewide
POST decisions can be overturned if unlawful
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