Tennessee Code Annotated
Tenn. Code Ann. § 38-8-104 (2026)
Powers and duties of commission
✓ current as of May 2026
- (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 recruits and 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, and universities, colleges, community colleges, colleges of applied technology, and other educational institutions 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, and universities, colleges, community colleges, colleges of applied technology, and other educational institutions 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 universities, colleges, community colleges, colleges of applied technology, 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 of Tennessee or any political subdivision of the state, and universities, colleges, community colleges, colleges of applied technology, and other educational institutions 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 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 impairment which affects the person's ability to perform an essential function of the job with or without a reasonable accommodation, 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 this subsection (e).
- (f) The commission shall establish standards for the certification of railroad police officers commissioned pursuant to § 65-6-133.
- (g) The commission has the authority to obtain a set of classifiable fingerprints for any person hired as a police officer or enrolled as a police recruit in an approved recruit training program and to submit the set of fingerprints to the Tennessee bureau of investigation for a search of its criminal history records systems to determine whether the person has any recorded convictions in Tennessee and meets the minimum qualifications as provided in § 38-8-106. The Tennessee bureau of investigation shall forward the set of fingerprints to the federal bureau of investigation for a search of the national criminal history database per federal bureau of investigation policy to determine whether the person has any recorded convictions and meets the minimum qualifications as provided in § 38-8-106.
Amended by 2017 Tenn. Acts, ch. 151,s 2, eff. 7/1/2017.
Amended by 2017 Tenn. Acts, ch. 151,s 1, eff. 7/1/2017.
Amended by 2013 Tenn. Acts, ch. 137,s 3, eff. 4/12/2013.
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.
Notes of Decisions
Cited in 6
cases (2 in the last 5 years), 2008–2026 · leading case: Wright v. Tennessee Peace Officer Standards & Training Comm'n, 277 S.W.3d 1 (Tenn. Ct. App. 2008).
Wright v. Tennessee Peace Officer Standards & Training Comm'n, 277 S.W.3d 1 (Tenn. Ct. App. 2008). “]” Tenn. Code Ann. § 38-8-104 (d) (2006). If a waiver is granted, then a police department may employ an officer who would otherwise be in violation of § 38-8-106.”
Boyce v. Tennessee Peace Officer Standards & Training Comm'n, 354 S.W.3d 737 (Tenn. Ct. App. 2011). “” A general policy underlying the POST statutory scheme is to provide peace officers with training consistent with current professional standards. POST is given the authority to establish the minimum standards for the recruit training curriculum and to make rules and regulations…”
Rodolfo Castro v. Peace Officer Standards & Training Comm'n (Tenn. Ct. App. 2008). “While the POST Commission did not cite the rule it was relying on at the hearing, the letter to Officer Castro formally notifying him of the POST Commission’s decision relied on Tenn. Code Ann. § 38-8-104 and Tenn. Rules & Regs.”
Bee Deselm v. Tennessee Peace Officers Standards & Training Comm'n (Tenn. Ct. App. 2010). “See T.C.A. § 38-8-104. By statute, the Commission’s members include two state sheriffs, police officers, citizens who are not police officers, one member from the Tennessee Senate, one member from the Tennessee House of Representatives, and the Tennessee Attorney General &…”
Howell v. McCormick (M.D. Tenn. 2024). “72 ¶ 66 (citing Tenn. Code Ann. § 38-8-104 (b)-(c); Tenn.”
Madison Cnty., Tennessee v. Vatisha Evans-Barken (Tenn. Ct. App. 2026). “Tenn. Code Ann. § 38-8-104 (a). Tennessee Code Annotated section 38-8-106 provides a list of standards required of “[a]ny person employed as a full-time police officer,” including that the officer [h]a[s] been certified by a Tennessee licensed health care provider qualified in…”
— Tenn. Code Ann. § 38-8-104(4) — 1 case
Bee Deselm v. Tennessee Peace Officers Standards & Training Comm'n (Tenn. Ct. App. 2010). “See T.C.A. § 38-8-104. By statute, the Commission’s members include two state sheriffs, police officers, citizens who are not police officers, one member from the Tennessee Senate, one member from the Tennessee House of Representatives, and the Tennessee Attorney General &…”
— Tenn. Code Ann. § 38-8-104(a) — 2 cases
Boyce v. Tennessee Peace Officer Standards & Training Comm'n, 354 S.W.3d 737 (Tenn. Ct. App. 2011). “” A general policy underlying the POST statutory scheme is to provide peace officers with training consistent with current professional standards. POST is given the authority to establish the minimum standards for the recruit training curriculum and to make rules and regulations…”
Bee Deselm v. Tennessee Peace Officers Standards & Training Comm'n (Tenn. Ct. App. 2010). “See T.C.A. § 38-8-104. By statute, the Commission’s members include two state sheriffs, police officers, citizens who are not police officers, one member from the Tennessee Senate, one member from the Tennessee House of Representatives, and the Tennessee Attorney General &…”
— Tenn. Code Ann. § 38-8-104(b) — 1 case
Boyce v. Tennessee Peace Officer Standards & Training Comm'n, 354 S.W.3d 737 (Tenn. Ct. App. 2011). “” A general policy underlying the POST statutory scheme is to provide peace officers with training consistent with current professional standards. POST is given the authority to establish the minimum standards for the recruit training curriculum and to make rules and regulations…”
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