Section 1110-03-.06 - REVOCATION PROCEDURE AND HEARING(1) Notice of Instructor Suspension or Revocation. The Commission shall serve notice, within ten (10) days of suspending or revoking certification, or as soon as is reasonably practicable, upon the instructor and upon the law enforcement agency employing said instructor. The notice shall specify the action taken and remedies available. The Commission shall stay final action until the period for requesting a hearing expires.(2) All Certified Officers and Instructors shall ensure their current addresses and contact information are on file with the Commission.(3) Notice for Final Action. The Commission shall notify the instructor and the law enforcement agency involved of the final action regarding suspension or revocation.(4) Suspension or Revocation Hearing. Any instructor whose certification has been suspended or revoked may request, within thirty (30) days of receipt of notice served by the Commission, a hearing which shall be granted by the Commission. Upon receipt of such request, the Commission shall set a date, time, and place for hearing as soon as is reasonably practicable and serve notice upon the affected instructor. The instructor may appear, present information relevant to the proceedings, question those presenting information, and be represented by counsel. In the absence of a request for hearing, the suspension or revocation shall, without further proceedings, become final thirty (30) days after the initial notice called for in this rule.(a) Hearing Committee. The disciplinary sub-committee shall serve as the Commission's authorized representative for conducting preliminary hearings.(b) Formal Commission Review. In the event of an adverse decision at the disciplinary sub-committee, any affected instructor may, within thirty (30) days of the initial decision, request a formal Commission review.(c) Final Decision After Request for Hearing. The Commission shall render a final decision within thirty (30) days, or as soon as is reasonably practicable.(5) Judicial Review. All appeals from the Commission's final decision shall be to Chancery Court and governed by the relevant portions of the Uniform Administrative Procedures Act in T.C.A. §§ 4-5-301 to -502.Tenn. Comp. R. & Regs. 1110-03-.06
Original rule filed January 28, 1986; effective April 15, 1986. Amendment filed March 18, 2010; effective June 16, 2010. Amendments filed January 7, 2021; effective 4/7/2021.Authority: T.C.A. § 38-8-104.