Pre-Employment Waiver

1400-04-.01 SUBMISSION OF WAIVER REQUEST. A request for waiver of pre-employment requirements must be submitted by the prospective employing agency prior to the employment of the person requiring the waiver. Requests must be submitted no later than thirty (30) days prior to the next scheduled meeting of the Board of Control. Request for waiver filed/submitted by an individual will not be accepted by the Board of Control. The requesting department shall be represented by its designee before the Board of Control. Once a waiver has been granted for a previous pre-employment requirement for a particular employee, that requirement shall be considered waived for future applications for certification.

Authority: T.C.A. §§ 41-7-106 and 41-4-144. Administrative History: Emergency rule filed September 6, 2012; effective through March 5, 2013. 1400-04-.02

WAIVER OF PRE-EMPLOYMENT REQUIREMENTS. A waiver of pre-employment requirements may be granted under the following circumstances:

  • (1) No person may be employed as a local correctional officer, who requires a waiver under this section, until such waiver is granted.
    • (a) Military History - The Board of Control 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) an Entry Level Separation
        • (ii) a General Discharge under Honorable Conditions.
      • 2. Waivers will not be granted from pre-employment requirements for the following separation from military service:
        • (i) Dishonorable Discharge
        • (ii) Bad Conduct Discharge
        • (iii) Other Than Honorable Discharge.
    • (b) Criminal Activity - The Board of Control may consider a waiver from pre-employment requirements relating to criminal activity on an individual basis and depending on the circumstances.
      • 1. Waivers may be granted if the officer has been convicted of or pleaded guilty to or entered a plea of nolo contendere to any misdemeanor charge or to any misdemeanor violation of any state law or city ordinance (excluding domestic violence) with the following charges:
        • (i) relating to force, violence, theft, dishonesty, gambling, liquor and other alcoholic beverages; or
        • (ii) controlled substances, as defined in the Tennessee Drug Control Act compiled in Title 39, Chapter 17, Part 4, when the offense was classed as a misdemeanor.
      • 2. The employing agency requesting waiver must present a copy of the final court disposition of the case.
      • 3. Some of the factors to be considered when determining whether to grant a waiver shall be:
        • (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.
        • (c) Mental Illness or Disorder – There is no waiver from the certification requirement set forth in T.C.A. § 41-4-144(a)(9).

Authority: T.C.A. §§ 41-7-106 and 41-4-144. Administrative History: Emergency rule filed September 6, 2012; effective through March 5, 2013. 

 

Pre-Employment Waiver Form [pdf]