Tenn. Comp. R. & Regs. 0930 — Military Department

Chapter 0930-01 Rules for Station Commander's Fund

Tenn. Comp. R. & Regs. 0930-01-01-.01 PURPOSE AND SCOPE

(1) The purpose of this regulation is to prescribe uniform responsibilities for management of the station commander’s upkeep and maintenance fund.

History

• Authority: T.C.A. § 58-1-208 and T.C.A. § 58-1-512.
• Administrative History: Original rule filed May 5, 1997; effective September 28, 1997.

Tenn. Comp. R. & Regs. 0930-01-01-.02 DEFINITIONS

(1) The following terms shall have the meanings set forth in the rule:

(a) Station Commander - The senior commander at any respective location unless otherwise so designated by the Adjutant General.

(b) Station Commander’s Upkeep and Maintenance Fund (SCUMF) – Funds used for maintenance, repair, upkeep, alteration, equipment, modification or improvement of the armory, facilities or area adjacent thereto. This includes repair of copier machines, telephone communications equipment and minor purchases of communication equipment or services which provide connection to internet e-mail sites, or other communication outlets.

(c) Armory - Any building, buildings, aircraft hangars, offices, quarters, or other facilities, and real property provided for and devoted to the training, and housing of the National Guard.

(d) Pre-numbered Receipts - Receipts issued by the Department of Military fiscal office.

(e) Short Term Contract - Contract less than 5 days in length or less than $1,000 in annual revenue or expenditures.

(f) Long Term Contract - Contract more than 5 days in length or more than $1,000 in annual revenue or expenditure.

(g) Allowable Expenditures - Purchases in accordance with state purchasing guidelines as prescribed by Department of Military procurement office or payment to state for utilities expenditure, state active duty extended, and monitoring duties provided by non-state employees.

(h) Allowable Revenue - Revenue from rental contracts or other funds approved by the Adjutant General.

(i) Custodian of Funds - The senior full time employee at each armory or respective location unless otherwise so desi g (j) Assistant Adjutant General - Army - The senior state staff person responsible for providing guidelines and operation procedures for the Station Commander Upkeep and Maintenance Fund.

(k) Director of Administrative Services - The senior state staff person responsible for overseeing and reviewing the operating of Station Commander Upkeep and Maintenance Funds.

(l) Tax ID - State of Tennessee Identification Number.

History

• Authority: T.C.A. § 58-1-208 and T.C.A. § 58-1-512.
• Administrative History: Original rule filed May 5, 1997; effective September 28, 1997.

Tenn. Comp. R. & Regs. 0930-01-01-.03 ASSISTANT ADJUTANT GENERAL (ARMY) RESPONSIBILITIES

(1) Issue procedures which will provide that:

(a) Station commanders are appointed.

(b) Custodians of funds are appointed.

(c) Receipts are prepared on all revenue received.

(d) Deposits are made in a timely manner.

(e) Adequate records are maintained to reflect allowable expenditures and allowable revenue.

(f) Only pre-numbered receipts are used.

(g) Annual reports of expenditures and revenue are provided to fiscal officer at Department of Military by July 31 of each year for the period of July 1 through June 30 of the preceding year.

(h) All long term contracts are approved by Military Department Legal Office.

(i) All bank accounts are registered with the Military Department.

(j) Funds are expended for allowable expenditures.

(k) Guidelines are provided annually by the procurement office of the Military Department for allowable purchases.

(l) No state employee will be paid from funds.

(m) Payment will be made to the state for utility cost when any armory is rented.

(n) Time limit on how long records are to be maintained.

(o) Accurate internal controls are in place.

(p) A standardized armory rented license agreement is developed and reviewed by the Military Department Legal Office.

(q) A basic armory rental rate is developed.

History

• Authority: T.C.A. § 58-1-208 and T.C.A. § 58-1-512.
• Administrative History: Original rule filed May 5, 1997; effective September 28, 1997.

Tenn. Comp. R. & Regs. 0930-01-01-.04 DIRECTOR OF ADMINISTRATIVE SERVICES RESPONSIBILITIES

(1) Review and approve procedures issued by the Assistant Adjutant General - Army.

(2) Provide annual review of the operating of selected individual station commander and upkeep funds.

History

• Authority: T.C.A. § 58-1-208 and T.C.A. § 58-1-512.
• Administrative History: Original rule filed May 5, 1997; effective September 28, 1997.

Tenn. Comp. R. & Regs. 0930-01-01-.05 STATION COMMANDER RESPONSIBILITIES

(1) Ensure that the SCUMF is operated in accordance with rules.

(2) Ensure that the SCUMF is operated in accordance with procedures issued by Assistant Adjutant General - Army.

(3) Responsible for accurate internal control over fund.

History

• Authority: T.C.A. § 58-1-208 and T.C.A. § 58-1-512.
• Administrative History: Original rule filed May 5, 1997; effective September 28, 1997.

Tenn. Comp. R. & Regs. 0930-01-01-.06 CUSTODIAN OF FUNDS RESPONSIBILITIES

(1) Maintain bank account.

(2) Maintain journal for revenue and expenditures.

(3) Issues checks for expenditures.

(4) Issues receipts for revenue.

(5) Verify expenditures are allowable expenditures.

(6) Verify revenue is allowable revenue.

(7) Deposit funds.

(8) Responsible for accurate internal control of funds.

History

• Authority: T.C.A. § 58-1-208 and T.C.A. § 58-1-512.
• Administrative History: Original rule filed May 5, 1997; effective September 28, 1997

Tenn. Comp. R. & Regs. 0930-01-01-.07 WAIVER OF RULE

(1) The Adjutant General can waive any rule contained in 0930-1-1 not required by statute and assign the responsibility of the rule to another office or person when it is in the best interest of the State of Tennessee and the Tennessee National Guard.

History

• Authority: T.C.A. § 58-1-208 and T.C.A. § 58-1-512.
• Administrative History: Original rule filed May 5, 1997; effective September 28, 1997.

Chapter 0930-02-01 Rules for Implementation of the "Tennessee Support, Training and Renewing Opportunity for National Guardsman (Strong) Act of 2017"

Tenn. Comp. R. & Regs. 0930-02-01-.01 PURPOSE AND SCOPE

To establish the Rules to be used for administering the “Tennessee Support, Training and Renewing Opportunity for National Guardsman (STRONG) Act of 2017”, hereinafter referred to as the “Program.”

The Program is administered and managed under the authority and guidance of the Adjutant General.

The purpose of the Program is to aid in the recruitment and retention of service members of the Tennessee National Guard.

History

• Authority: Chapter 447 of the Public Acts of 2004, Chapter 229 of the Public Acts of 2017, and T.C.A. §§ 49-4-1001, et seq., and 58-1-101, et seq.
• Administrative History: Original rule filed July 29, 2004; effective November 26, 2004. Amendments filed July 13, 2017; effective October 11, 2017.

Tenn. Comp. R. & Regs. 0930-02-01-.02 DEFINITIONS

(1) The terms that follow shall have the following meanings, as set forth in this Rule:

(a) Educational institution: Any public university, college, community college, college of applied technology, or any private college or university that is regionally accredited and has its primary campus located within the state of Tennessee.

(b) Federal Tuition Assistance (FTA): The FTA is distinct from and should not be confused with other tuition assistance programs that are federally funded, such as Montgomery GI Bill benefits and Post-9/11 GI Bill benefits. The FTA is a military tuition assistance program for which certain members of the National Guard are eligible, according to applicable federal regulation.

(c) Tennessee Support, Training and Renewing Opportunity for National Guardsman Advisory Board (TN STRONG AB): The Program Advisory Board, also referenced herein as the “Board,” is an advisory board to which the Adjutant General appoints Board members, and to whom the Adjutant General delegates the authority to review, approve or decline applications for STRONG Act tuition reimbursement, as set forth in this Rule and in accordance with Departmental guidelines.

(d) Joint Force Headquarters Army National Guard G-1 (JFHQ G-1)/Joint Force Headquarters Air National Guard A-1 (JFHQ A-1): The JFHQ G-1/JFHQ A-1, or such office as named by the Adjutant General, is the office the Adjutant General has authorized to have primary responsibility for day-to-day operations for the Program, for the Tennessee Army National Guard and the Tennessee Air National Guard service members, respectively.

GUARDSMAN (STRONG) ACT OF 2017”

(e) Tuition: the total semester, quarter, or classroom hour cost of instruction delineated in the catalog of an educational institution, including all mandatory fees.

(f) Semester hour: Semester hour means the credit hour used by an educational institution, if the institution is on a semester system, or its equivalent if the institution is on a system other than a semester system, and includes each semester hour attempted, whether remedial or for credit toward a degree, but does not include any semester hour attempted before graduating from high school or earning a high school equivalency diploma.

(g) Attempted semester hour: semester hour(s) for a course dropped prior to the add/drop date for that course will not be counted as attempted semester hours toward the maximum number of reimbursable semester hours permitted for the type of program (certificate or diploma, bachelor’s, or master’s) for which the service member is seeking reimbursement.

(h) Credit hour: includes but is not limited to a clock hour for programs that utilize clock hours instead of credit hours, using the conversion formula utilized by the U.S.

Department of Education for federal Title IV student aid purposes under applicable federal regulation.

(i) Officer-producing program: a reserve officer training corps program offered through a college or university.

(j) Good standing: A service member of the Tennessee National Guard is considered to be in good standing for the purposes of this Program:

1. If he or she, at the time the JFHQ G-1/JFHQ A-1 time/date stamps the application for STRONG Act reimbursement as received:

(i) Has not accumulated nine (9) or more unexcused absences from unit training assemblies, nor failed to attend a scheduled annual training, within a twelve (12) month period prior to the time/date stamped receipt of the service member’s application, unless the service member produces documentation, showing that the service member had obtained proper permission from his or her unit commander excusing the absence; and (ii) Has not missed a ship date to complete basic military training before the first day of class for the semester, trimester, quarter, or academic term for which the service member has submitted an application for STRONG Act tuition reimbursement, unless the service member produces documentation, showing that the service member had obtained proper permission from his or her unit commander excusing the absence; and 2. For members seeking reimbursement for studies toward a first bachelor’s degree, (i) Have filed a course/degree plan with the JFHQ G-1/JFHQ A-1 after the completion of nine (9) credit semester hours, which course/degree plan will detail all required courses needed to fulfill degree requirements; and (ii) After earning twelve (12) semester credit hours, the service member must have declared a major. If the service member has completed twelve (12)

GUARDSMAN (STRONG) ACT OF 2017” credit semester hours at the time that the application for tuition reimbursement is time/date stamped as received, the service member must include his or her declared major in the service member’s application for tuition reimbursement. If a service member’s major has changed, the new major must be reflected on subsequent applications for tuition reimbursement and course/degree plans;

3. For members seeking reimbursement for studies toward a first master’s degree, notice of the specific degree sought and a course/degree plan detailing all required courses needed to fulfill degree requirements must be filed with the member’s first application seeking reimbursement; and 4. For members seeking reimbursement for studies toward a certificate or diploma in a vocational or technical program, notice of the specific certificate sought and a course plan detailing all required courses needed to obtain the certificate must be filed with the member’s first application seeking reimbursement; and 5. The Board must have deemed the service member to be in good standing, after having reviewed relevant information obtained through the application process, at the direction and under the authority and guidance of the Adjutant General.

(k) Currently active: A service member of the Tennessee National Guard is considered to be currently active for the purposes of this program if he or she is an active member in the Tennessee Army National Guard or the Tennessee Air National Guard at the time his or her application for STRONG Act tuition reimbursement is time/date stamped as received by the JFHQ G-1/JFHQ A-1.

History

• Authority: Chapter 447 of the Public Acts of 2004, Chapter 229 of the Public Acts of 2017, Chapter 216 of the Public Acts of 2021, and T.C.A. §§ 49-4-1001, et seq., and 58-1-101, et seq.
• Administrative History: Original rule filed July 29, 2004; effective November 26, 2004. Amendments filed July 13, 2017; effective October 11, 2017. Emergency rules filed July 22, 2021; effective through January 18, 2022. Amendments filed October 13, 2021; effective January 11, 2022.

Tenn. Comp. R. & Regs. 0930-02-01-.03 STRONG ACT TUITION REIMBURSEMENT IS SUBJECT TO FUNDING

AVAILABILITY.

(1) Meeting the eligibility criteria as outlined in Rule 0930-02-01-.06 does not obligate the Tennessee Military Department to award STRONG Act tuition reimbursement. The approval and award of STRONG Act tuition reimbursement is subject to funding availability.

(2) If funding becomes limited, distribution of STRONG Act tuition reimbursement will be executed in accordance with Departmental guidelines.

History

• Authority: Chapter 447 of the Public Acts of 2004, Chapter 229 of the Public Acts of 2017, Chapter 216 of the Public Acts of 2021, and T.C.A. §§ 49-4-1001, et seq., and 58-1-101, et seq.
• Administrative History: Original rule filed July 29, 2004; effective November 26, 2004. Amendments filed July 13, 2017; effective October 11, 2017. Emergency rules filed July 22, 2021; effective through January 18, 2022. Amendments filed October 13, 2021; effective January 11, 2022.

Tenn. Comp. R. & Regs. 0930-02-01-.04 SCOPE OF STRONG ACT TUITION REIMBURSEMENT

(1) Payments of STRONG Act tuition reimbursement must be paid directly to an educational institution and not to the Tennessee National Guard member.

GUARDSMAN (STRONG) ACT OF 2017”

(2) When the Board approves an eligible service member’s application for STRONG Act tuition reimbursement, and the service member is attending a public educational institution, the Department of Military shall pay the educational institution an amount equal to one hundred percent (100%) of the maximum resident in-state tuition charged by the institution for the type of program (certificate or diploma, bachelor’s, or master’s) attended, less all other state or federal financial assistance as described in T.C.A. § 49-4-1005. Such financial assistance must be credited first to the service member's tuition, subject to T.C.A. § 49-4-1005.

(3) Notwithstanding 0930-02-01-.04(2), for service members attending a private two-year college, the amount of STRONG Act tuition reimbursement paid is the average cost of tuition at the public two-year postsecondary institutions, as determined by the Tennessee Higher Education Commission and Tennessee Student Assistance Corporation, less all other financial assistance received by the service member. For service members attending a private four-year college or university the amount paid is the average cost of tuition at the public four-year universities, as determined by the Tennessee Higher Education Commission and Tennessee Student Assistance Corporation, less all other financial assistance received by the service member. Such financial assistance must be credited first to the amount of the average tuition, subject to T.C.A. § 49-4-1005.

(4) Notwithstanding 0930-02-01-.04(2) and (3), for service members enrolled in a vocational or technical program at a public or private educational institution for the purpose of attaining a certificate or diploma, the amount of reimbursement shall not exceed one hundred percent (100%) of the tuition, as defined in 0930-02-01-.02(1)(e), for the specific program for which the member is seeking reimbursement, at a publi c educational institution, less all other financial assistance received by the service member.

(5) STRONG Act tuition reimbursement amounts which a service member may be eligible to receive under this part must be offset and reduced by the aggregate amount of state and federal education financial assistance received by the service member during the semester or educational term for which STRONG Act tuition reimbursement is sought, unless federal law or regulation requires otherwise, in which case federal priority controls. Examples of such federal and state tuition assistance include, but are not limited to, the Tennessee Promise scholarship, the Tennessee Reconnect grant, the Tennessee HOPE scholarship, and similar state assistance, as such assistance programs or grants may be amended, as well as Tennessee student assistance awards, the federal Pell grant, Montgomery GI Bill benefits, Post-9/11 GI Bill benefits, and federal tuition assistance program benefits.

(6) Service members who are eligible for FTA as defined herein must apply for and use any tuition awarded through FTA.

(7) The above provisions apply to any STRONG Act tuition reimbursement paid to both public and private educational institutions.

History

• Authority: Chapter 447 of the Public Acts of 2004, Chapter 229 of the Public Acts of 2017, Chapter 216 of the Public Acts of 2021, and T.C.A. §§ 49-4-1001, et seq., and 58-1-101, et seq.
• Administrative History: Original rule filed July 29, 2004; effective November 26, 2004. Amendments filed July 13, 2017; effective October 11, 2017. Emergency rules filed July 22, 2021; effective through January 18, 2022. Amendments filed October 13, 2021; effective January 11, 2022.

Tenn. Comp. R. & Regs. 0930-02-01-.05 PROGRAM ADMINISTRATION

The Program will be administered by the JFHQ G-1/JFHQ A-1 at the direction and under the authority of the Adjutant General.

GUARDSMAN (STRONG) ACT OF 2017”

History

• Authority: Chapter 447 of the Public Acts of 2004, Chapter 229 of the Public Acts of 2017, and T.C.A. §§ 49-4-1001, et seq., and 58-1-101, et seq.
• Administrative History: Original rule filed July 29, 2004; effective November 26, 2004. Amendments filed July 13, 2017; effective October 11, 2017.

Tenn. Comp. R. & Regs. 0930-02-01-.06 ELIGIBILITY

To qualify for STRONG Act tuition reimbursement pursuant to T.C.A. § 49-04-1005, the Tennessee National Guard member must satisfy all of the following conditions:

(1) The service member must be in good standing as defined in this Rule.

(2) The service member must be currently active in the Tennessee National Guard as defined in this Rule.

(3) The service member must have served in the Tennessee National Guard during the applicable academic term for which the application for STRONG Act tuition reimbursement is submitted.

(4) For members seeking a first bachelor’s degree or first master’s degree, the service member must have maintained satisfactory academic progress and received a minimum grade point average of 2.0 for members seeking a first bachelor’s degree or 3.0 for members seeking a first master’s degree, as determined by the educational institution attended for the academic term for which STRONG Act tuition reimbursement is sought.

(5) For members seeking a certificate or diploma from a vocational or technical program at a public or private educational institution, satisfactory academic progress and either a minimum grade point average of 2.0, or academic good standing, as determined by the institution, if grade point averages are not utilized by the institution, are required to be eligible for reimbursement. For such programs, an institutional review of a student’s satisfactory academic progress standing need not coincide with the end of each academic term, but timely notification from either the member or the vocational or technical program of the member’s grades and academic progress is still required to determine eligibility for reimbursement.

(6) The service member must be pursuing either postsecondary semester hours toward a first bachelor’s degree; postbaccalaureate semester hours toward a first master’s degree; or semester hours or the equivalent toward a certificate or diploma from a vocational or technical program.

(7) The service member’s STRONG Act tuition reimbursement application must be time/date stamped as received by the JFHQ G-1/JFHQ A-1 within forty-five (45) days of the last day of instruction for the academic term, as determined by the service member’s educational institution, for which the service member is seeking STRONG Act tuition reimbursement.

History

• Authority: Chapter 447 of the Public Acts of 2004, Chapter 229 of the Public Acts of 2017, Chapter 216 of the Public Acts of 2021, and T.C.A. §§ 49-4-1001, et seq., and 58-1-101, et seq.
• Administrative History: Original rule filed July 29, 2004; effective November 26, 2004. Amendments filed July 13, 2017; effective October 11, 2017. Emergency rules filed July 22, 2021; effective through January 18, 2022. Amendments filed October 13, 2021; effective January 11, 2022.

Tenn. Comp. R. & Regs. 0930-02-01-.07 APPLICATION PROCESS FOR STRONG ACT TUITION REIMBURSEMENT

(1) Members of the Tennessee National Guard who meet the requirements of Rule 0930-02-01- .06 may apply for STRONG Act tuition reimbursement using the application process as set GUARDSMAN (STRONG) ACT OF 2017” forth by this Rule and Departmental guidelines, and in accordance with guidance from the Adjutant General.

(2) Service members must apply for tuition reimbursement through this Program within forty-five (45) days of the last day of instruction for the academic term, as determined by the service member’s educational institution, for which the service member is seeking STRONG Act tuition reimbursement.

(3) Service members shall be required to submit a release to their educational institution that explicitly allows their educational institutions to lawfully release student records or other information requested by the JFHQ G-1/JFHQ A-1 during the application process.

(4) Service members must submit completed and signed STRONG Act tuition reimbursement applications to the JFHQ G-1/JFHQ A-1 in a timely manner. Upon receipt, the JFHQ G- 1/JFHQ A-1 will time/date stamp the applications as received, conduct an initial review of the applications for eligibility, accuracy, completeness, and process the applications accordingly.

Incomplete or invalid applications may be returned without action by the JFHQ G-1/JFHQ A-1 for necessary corrections that would render the application complete and valid.

(5) The JFHQ G-1/JFHQ A-1 shall submit a form to the service member’s unit commander, or his or her designee, which requires the commander, or his or her designee, to report any disciplinary action(s) pending against the service member and document whether he or she would recommend the service member as a candidate for approval of STRONG Act tuition reimbursement.

(6) The Adjutant General has ultimate authority to approve or deny applications for STRONG Act tuition reimbursement through this Program. At his or her discretion, the Adjutant General may delegate this authority to the TN STRONG AB, under his or her direction and guidance, in accordance with this Rule and Departmental guidelines.

(7) The JFHQ G-1/JFHQ A-1 must submit a complete application to the TN STRONG AB for review and approval, in accordance with this Rule and with Departmental guidelines. For the purposes of this Program, a complete application will include all of the following:

(a) The Tennessee National Guard member’s timely-submitted application for STRONG Act tuition reimbursement;

(b) The form referenced in 0930-02-01-.07(5), completed by the service member’s unit commander or designee, to include his or her formal recommendation as to whether or not to approve the service member’s application for STRONG Act tuition reimbursement; and (c) The JFHQ G-1/JFHQ A-1’s formal recommendation as to whether or not to approve the service member’s application for STRONG Act tuition reimbursement.

(8) The TN STRONG AB, acting under the authority and instruction of the Adjutant General, may consider the complete, timely application to make a determination as to whether the service member is in good standing and currently active in the Tennessee National Guard for the purposes of this Program. When a service member is deemed to be currently active and in good standing, the Board will consider the application for approval in accordance with these Rules and Departmental guidelines. The Board, in its discretion, may consider all information obtained during the application process, in accordance with these Rules and Departmental guidelines, when making a determination of whether or not to approve a service member’s application for STRONG Act tuition reimbursement through this Program. However, neither GUARDSMAN (STRONG) ACT OF 2017” the aforementioned recommendations nor any other factor(s) taken into consideration are inherently determinative with regard to the ultimate determination to approve or decline to approve a service member’s application for STRONG Act tuition reimbursement through this Program.

(9) Approved applications will be time/date stamped and returned to the JFHQ G-1/JFHQ A-1 for processing STRONG Act tuition reimbursement, in accordance with this Rule and Departmental guidelines. Applications that are declined by the Board will be time/date stamped as declined and returned to the service member, who will have thirty (30) days from the date of the Board’s determination to submit an appeal to the Adjutant General for his or her consideration of the Board’s decision, in accordance with this Rule and Departmental guidelines.

History

• Authority: Chapter 447 of the Public Acts of 2004, Chapter 229 of the Public Acts of 2017, Chapter 216 of the Public Acts of 2021, and T.C.A. §§ 49-4-1001, et seq., and 58-1-101, et seq.
• Administrative History: Original rule filed July 29, 2004; effective November 26, 2004. Amendments fil ed July 13, 2017; effective October 11, 2017. Emergency rules filed July 22, 2021; effective through January 18, 2022. Amendments filed October 13, 2021; effective January 11, 2022.

Tenn. Comp. R. & Regs. 0930-02-01-.08 CESSATION OF ELIGIBILITY FOR STRONG ACT TUITION REIMBURSEMENT

(1) Eligibility of members to seek tuition reimbursement through this program extends to each eligible member for the full semester-hour limit of each type of program (certificate or diploma, bachelor’s, and master’s), meaning members may utilize the STRONG Act for multiple degrees and certificates upon demonstration of continued eligibility, subject to availability of funding and Department guidelines.

(2) Eligibility for STRONG Act tuition reimbursement will permanently cease as to the individual program for which the member is seeking reimbursement upon the advent of any of the following conditions:

(a) For members seeking reimbursement for studies toward a first bachelor’s degree:

1. The service member has attempted one hundred twenty (120) credit semester hours, inclusive of any postsecondary credit hours earned prior to receipt of STRONG Act tuition reimbursement; or 2. The service member has completed eight (8) full-time semesters, as defined in T.C.A. § 49-4-1003(b), or the equivalent of a semester if the educational institution is on a system other than a semester system, as defined in T.C.A. § 49-4-1003(c); or 3. The service member has earned a first bachelor's degree.

(b) Notwithstanding subparagraph (a), for members seeking reimbursement for studies toward a first master’s degree:

1. The service member has attempted forty (40) semester hours, inclusive of any post-baccalaureate semester hours earned prior to receipt of STRONG Act tuition reimbursement; or 2. The service member has earned a first master’s degree.

GUARDSMAN (STRONG) ACT OF 2017”

(c) Notwithstanding subparagraphs (a) and (b), for members seeking reimbursement for studies toward a certificate or diploma from a vocational or technical program, 1. The member has attempted twenty-four (24) semester hours, or the equivalent, toward a certificate or diploma from a vocational or technical program, inclusive of any semester hours earned in that same vocational or technical program prior to receipt of STRONG Act tuition reimbursement.

2. It is not required that tuition reimbursement under this part apply toward a member’s first certificate from a vocational or technical program.

(d) Notwithstanding subparagraphs (a) and (b), a member who is enrolled in an officerproducing program at an educational institution is exempt from the semester and semester-hour limits for tuition reimbursement under this part for up to thirty (30) additional semester hours for the limited purpose of allowing the member to complete the courses required to accept a commission upon graduation with the member's first bachelor's or master's degree.

(e) Eligibility will cease when a service member is not in good standing as defined in this

Rule.

(f) Eligibility will cease when a service member is not currently active as defined in this

Rule.

(g) All service members applying for tuition reimbursement through this Program are subject to the statutory limitations and conditions as provided in T.C.A. § 49-4-1005.

Should a service member fail to maintain satisfactory academic progress and a minimum of a 2.0 grade point average for undergraduate programs, or a 3.0 grade point average for master’s programs, or for vocational or technical programs, a minimum of a 2.0 grade point average, or academic good standing, as determined by the institution, if grade point averages are not utilized by the institution, he or she will become ineligible for tuition reimbursement. However, the service member may regain eligibility for tuition reimbursement at the end of any subsequent semester in which satisfactory academic progress and the required grade point average are established and the service member is deemed to meet all other requirements for STRONG Act reimbursement as determined by the Board.

History

• Authority: Chapter 447 of the Public Acts of 2004, Chapter 229 of the Public Acts of 2017, Chapter 216 of the Public Acts of 2021, and T.C.A. §§ 49-4-1001, et seq., and 58-1-101, et seq.
• Administrative History: Original rule filed July 29, 2004; effective November 26, 2004. Amendments filed July 13, 2017; effective October 11, 2017. Emergency rules filed July 22, 2021; effective through January 18, 2022. Amendments filed October 13, 2021; effective January 11, 2022.

Tenn. Comp. R. & Regs. 0930-02-01-.09 OVERSIGHT

Pursuant to §§ 49-4-1001, et seq., the Adjutant General is vested with the authority to implement rules to effectuate the purposes of this Program. The Adjutant General hereby provides the following oversight provisions, which may be changed at any time at the Adjutant General’s discretion:

(1) The Adjutant General delegates oversight of day-to-day operations of this Program, as directed by the Adjutant General, to the JFHQ G-1/ JFHQ A-1.

(2) The Adjutant General may appoint Board members to the TN STRONG AB as necessary and vest them with the following authority:

GUARDSMAN (STRONG) ACT OF 2017”

(a) The Board members will have voting privileges for the purpose of conducting Board business, in accordance with this Rule and Departmental guidelines.

(b) The TN STRONG AB will meet as required by this Rule or Departmental guidelines; or at the request of the Adjutant General, operating upon the recommendation of JFHQ G-1/JFHQ A-1; or when otherwise directed by the Adjutant General or his or her designee.

(c) The TN STRONG AB has the authority to review completed applications that are submitted by JFHQ G-1/JFHQ A-1 and determine the outcome of the application process, in accordance with this Rule and Departmental guidelines.

(3) The Department of Military’s Office of General Counsel may provide legal guidance to the JFHQ G-1/JFHQ A-1, the TN STRONG AB and to the Adjutant General as it relates to administration of the Program, as necessary.

(4) The Adjutant General will have appellate authority and jurisdiction over the administration of this Program. He or she may delegate the procedural, legal, and/or administrative functions of the appellate process to the Department of Military’s Office of General Counsel, in accordance with this Rule and Departmental guidelines.

(5) Any service member denied STRONG Act tuition reimbursement by the STRONG AB may submit a request for appellate consideration to the Adjutant General, in accordance with Departmental guidelines and this Rule.

History

• Authority: Chapter 447 of the Public Acts of 2004, Chapter 229 of the Public Acts of 2017, Chapter 216 of the Public Acts of 2021, and T.C.A. §§ 49-4-1001, et seq., and 58-1-101, et seq.
• Administrative History: Original rule filed July 29, 2004; effective November 26, 2004. Amendments filed July 13, 2017; effective October 11, 2017. Emergency rules filed July 22, 2021; effective through January 18, 2022. Amendments filed October 13, 2021; effective January 11, 2022.

Tenn. Comp. R. & Regs. 0930-02-01-.10 WAIVER OF RULE

The Adjutant General may waive any Rule contained in 0930-02-01 not required by statute when it is in the best interest of the State of Tennessee and the Tennessee Military Department.

History

• Authority: Chapter 447 of the Public Acts of 2004, Chapter 229 of the Public Acts of 2017, Chapter 216 of the Public Acts of 2021, and T.C.A. §§ 49-4-1001, et seq., and 58-1-101, et seq.
• Administrative History: Original rule filed July 29, 2004; effective November 26, 2004. Amendments filed July 13, 2017; effective October 11, 2017. Emergency rules filed July 22, 2021; effective through January 18, 2022. Amendments filed October 13, 2021; effective January 11, 2022.

Chapter 0930-03-01 Rules and Regulations for Access to Public Records

Tenn. Comp. R. & Regs. 0930-03-01-.01 CHARGES FOR ACCESS TO PUBLIC RECORDS

Upon a request for state records under Tennessee’s Public Records Act, T.C.A. § 10-7-503 et seq., the Department shall assess charges for copying and labor based on the most current version of the Schedule of Reasonable Charges, issued by the Office of Open Records Counsel, available at http://www.comptroller1.state.tn.us/openrecords/pdf/ScheduleofReasonableCharges(final)8.pdf.

History

• Authority: T.C.A. §§ 8-4-604 and 10-7-503 et seq.
• Administrative History: Original rule filed November 28, 2011; effective April 29, 2012.

Tenn. Comp. R. & Regs. 0930-03-01-.02 WAIVER

Should any charge assessed under Rule 0930-03-01-.01 total ten ($10.00) dollars or less, the Department shall waive the charge and provide the requested documents without payment.

History

• Authority: T.C.A. §§ 8-4-604 and 10-7-503 et seq.
• Administrative History: Original rule filed November 28, 2011; effective April 29, 2012.

Tenn. Comp. R. & Regs. 0930-03-01-.03 REDUCTION OF FEES

The Adjutant General may reduce any part of the fees calculated under these rules upon a written determination that such reduction would be in the best interests of the public.

History

• Authority: T.C.A. §§ 8-4-604 and 10-7-503 et seq.
• Administrative History: Original rule filed November 28, 2011; effective April 29, 2012.

Tenn. Comp. R. & Regs. 0930-03-01-.04 REVIEW AND RELEASE

All public records requests regarding state records shall be reviewed by General Counsel prior to release by The Adjutant General or his or her designee to ensure compliance with all standards under state and federal law.

History

• Authority: T.C.A. § 10-7-503 et seq.
• Administrative History: Original rule filed November 28, 2011; effective April 29, 2012.

Chapter 0930-04-01 Resilient Tennessee Revolving Loan Fund Act

Tenn. Comp. R. & Regs. 0930-04-01-.01 INTRODUCTION

The purpose of the Resilient Tennessee Revolving Loan Fund Act of 2024, T.C.A. §§ 58-02-901 to -905, is to ensure that the state is ready and able to receive federal funds from the STORM Act by establishing the Resilient Tennessee Revolving Loan Fund (RTRLF) and to authorize the necessary and proper administration of the Fund. Specifically, the Act allows the state to obtain grant money from the Federal Emergency Management Agency and any matching state funds, provide for the administration and operation of the Fund by the Tennessee Emergency Management Agency through rules and regulations, and provide for Loans and financial assistance for Projects and activities of Local Governments that mitigate the impacts of natural hazards.

History

• Authority: T.C.A. §§ 4-5-201, et seq.; 58-2-103, et seq.; 58-2-901; and 58-2-905.
• Administrative History: New rules filed October 30, 2025; effective January 28, 2026.

Tenn. Comp. R. & Regs. 0930-04-01-.02 DEFINITIONS

The following definitions apply to these rules, unless the context requires otherwise:

(1) Act. The Resilient Tennessee Revolving Loan Fund Act of 2024, T.C.A §§ 58-02-901 to - 905.

(2) Administration Costs. Costs incurred by the Agency to manage the Fund.

(3) Agency. The Tennessee Emergency Management Agency (TEMA).

(4) Applicant. Local Government that submits an application for a Loan from the Fund.

(5) Authorized Borrower Representative. Any person with the authority to act on behalf of the Borrower.

(6) Borrower. Local Government or other entity or person which has entered into a Loan Agreement with the Agency.

(7) Cost Share. The “non-federal share” or “match” portion of a federally assisted Project that is not paid by the federal government.

(8) Default. A Borrower’s failure to abide by the terms of the Loan Agreement.

(9) Director. The Director of the Agency.

January, 2026 2 (10) Disbursement. The transfer of Loan Monies paid from the Fund to the Borrower in accordance with a Loan Agreement.

(11) Division. Division of State Government Finance of the Tennessee Comptroller of the Treasury.

(12) FEMA. The Federal Emergency Management Agency.

(13) Fund. The Resilient Tennessee Revolving Loan Fund (RTRLF).

(14) Hazard Mitigation. Any sustained action taken to reduce or eliminate the long-term risk to life and property from hazard events. It is an ongoing process that occurs before, during and after disasters and serves to break the cycle of damage and repair in hazardous areas.

(15) Hazards and Risks. A hazard is a natural or human-caused event or condition that has the potential to cause harm. Examples include flooding, severe storms (including hurricanes, tornadoes, windstorms, and winter storms), seismic events, drought, wildfires, and extreme temperatures. A risk is the combination of the likelihood of hazard occurring and the magnitude of its consequences.

(16) Intended Use Plan. Document that outlines the Agency’s goals, processes, and criteria for managing the Fund.

(17) Inter-Agency Agreement. The agreement between the Division and the Agency outlining the responsibilities for the management of the Fund.

(18) Loan. Funds extended to a Borrower under the Act that are to be repaid.

(19) Loan Agreement. The written agreement that specifies the details of the Loan, including the amount of money loaned, the repayment terms, and what happens if the Borrower Defaults on the Loan.

(20) Loan Monies. Money disbursed from the Fund to the Borrowers.

(21) Loan Repayments. The payments on account of principal and interest on the Loan.

(22) Local Government. A Tennessee county, incorporated town, city, or metropolitan government.

(23) Local Hazard Mitigation Plan. A document that outlines a Borrower strategy for reducing the impact of natural disasters on life and property.

(24) Low-Income Geographic Areas. A region where the per capita income is at 80% or less of the national average, or where the unemployment rate over the most recent twenty-four (24) month period, is at least 1 percentage point higher than the national average.

(25) Maturity Date. The date on which the principal amount of the Loan along with any accrued interest becomes due.

(26) Project. The activity or task the Agency identifies in the Loan Agreement for which the Borrower may expend, obligate, or commit funds.

(27) Requisition. The request for Disbursement of Loan Monies.

(28) Request for Applications. Document issued by the Agency that outlines the scope of the Loan application process, eligible Projects, and a timeline for Project completion.

January, 2026 3 (29) Review Panel. The group of individuals who will determine which Loans are approved and denied.

(30) Scoring Rubric. The set of relevant criteria that will be used to determine which applications are approved by the Review Panel.

(31) State Hazard Mitigation Plan. A document that outlines a state’s strategy for reducing the impact of natural disasters on life and property.

(32) State-Shared Taxes. Meaning as established by T.C.A. § 4-31-102, as amended.

(33) STORM Act. The Federal Safeguarding Tomorrow through Ongoing Risk Mitigation Act (Pub.

L. No. 116-284).

(34) STORM Act Team. Employees assigned by the Agency to carry out the RTRLF Program.

(35) Technical Assistance. A process of providing targeted support to a Local Government to help with a need or resource gap.

(36) Unobligated State-Shared Taxes. State-Shared Taxes which have not been pledged or applied to any other prior indebtedness.

History

• Authority: T.C.A. §§ 4-5-201, et seq.; 58-2-103, et seq.; and 58-2-905.
• Administrative History: New rules filed October 30, 2025; effective January 28, 2026.

Tenn. Comp. R. & Regs. 0930-04-01-.03 PRIORITY

(1) General. The Agency will award Loans for eligible Hazard Mitigation projects and activities in accordance with 42 U.S.C § 5133(f)(3).

(2) Obligation of RTRLF Loans. Funds will be allocated to Projects based on the established Scoring Rubric included in the annual Intended Use Plan.

History

• Authority: T.C.A. §§ 4-5-201, et seq.; 58-2-103, et seq.; and 58-2-905.
• Administrative History: New rules filed October 30, 2025; effective January 28, 2026.

Tenn. Comp. R. & Regs. 0930-04-01-.04 MANAGEMENT OF FUND

(1) The Agency is responsible for ensuring that the Fund is sufficiently funded.

(2) The Agency may enter into an Inter-Agency Agreement with the Division under which the Agency may pay the Division for Fund management services, and the responsibilities of each party shall be set forth in the Inter-Agency Agreement.

(3) The Agency shall:

(a) Approve and deny applications for Loans from the Fund;

(b) Determine the term limits of the Loans;

(c) Determine the interest rate of the Loans;

(d) Work with Borrowers and the Division if adjusted payment schedules are needed; and (e) Close out the Loans.

January, 2026 4

History

• Authority: T.C.A. §§ 4-5-201, et seq.; 58-2-103, et seq.; and 58-2-905.
• Administrative History: New rules filed October 30, 2025; effective January 28, 2026.

Tenn. Comp. R. & Regs. 0930-04-01-.05 USE OF THE FUND

(1) Revolving Loans. The Fund may be used to make revolving Loans for purposes set forth in the STORM Act and the Act. There shall be two types of Loans:

(a) Standard Loans.

(b) Loans for Low-Income Geographic Areas.

(2) Administration Costs. The Fund may be used to pay program administration costs.

Administration costs shall not exceed the limit set in the STORM Act.

(3) Technical Assistance. The Fund may be used to pay for Technical Assistance to Borrowers.

Technical Assistance costs shall not exceed the limit set in the STORM Act.

History

• Authority: T.C.A. §§ 4-5-201, et seq.; 58-2-103, et seq.; and 58-2-905.
• Administrative History: New rules filed October 30, 2025; effective January 28, 2026.

Tenn. Comp. R. & Regs. 0930-04-01-.06 ELIGIBILITY OF BORROWERS

(1) Application. In response to the Agency’s Request for Applications, Applicants shall submit an application on forms furnished by the Agency. Applicants shall list all possible Cost Share Loans with their application.

(2) Revenue Source. Applicants must designate a specific revenue source to repay the Loan.

(3) Approved Local Hazard Mitigation Plan. Applicants shall have a current Local Hazard Mitigation Plan that is approved by FEMA.

(4) Projects. Applicants shall submit a Project that addresses Hazard Mitigation for one or more natural Hazards and Risks identified in the current State Hazard Mitigation Plan or any current Local Hazard Mitigation Plan.

(5) Budget. Applicants shall submit a proposed budget amount that is less than the amount of funds available in the Fund and does not exceed the maximum award set in the STORM Act.

History

• Authority: T.C.A. §§ 4-5-201, et seq.; 58-2-103, et seq.; and 58-2-905.
• Administrative History: New rules filed October 30, 2025; effective January 28, 2026.

Tenn. Comp. R. & Regs. 0930-04-01-.07 APPROVAL PROCESS

(1) Initial Review. The Agency shall review the Loan application to ensure that it is complete. The Agency shall inform the Applicant in writing of the acceptance of the application and the receipt of any information requested by the Agency (2) Review Panel. The Review Panel shall review the applications and make a recommendation for approval based on the Scoring Rubric.

(a) The Review Panel will be made up an odd number of at least three (3) individuals appointed by the Director. At least one (1) individual will be appointed by the Director from outside of the Agency.

(b) The Review Panel will conduct business in accordance with T.C.A. §§ 8-44-101, et seq.

January, 2026 5 (c) The Review Panel shall recommend the interest rate and repayment timeline for a Loan.

(d) No member of the STORM Act Team within TEMA will be a member of the Review Panel.

(3) Final Approval. The Director has final approval authority of Loan Agreements.

History

• Authority: T.C.A. §§ 4-5-201, et seq.; 58-2-103, et seq.; and 58-2-905.
• Administrative History: New rules filed October 30, 2025; effective January 28, 2026.

Tenn. Comp. R. & Regs. 0930-04-01-.08 CONDITIONS

(1) Security. The Borrower may be required to pledge additional security to ensure that funds are sufficient to pay monthly payments and expenses as detailed in the Loan Agreement. Forms of security may include but are not limited to:

(a) Users’ fees and charges;

(b) Ad valorem taxes; and (c) Unobligated State-Shared Taxes.

(2) Borrower Deliverables and Reporting Requirements.

(a) Within thirty (30) days of a request, the Borrower shall provide any supporting financial documentation requested by the Agency.

(b) The Borrower shall submit quarterly progress reports on each Project to the Agency.

(c) The Borrower shall submit to the Agency all required permits, clearances, and approvals within thirty (30) days of receipt of such documents.

(3) Borrower Responsibilities.

(a) The Borrower shall comply with all federal, state, and local laws and regulations.

(b) The Borrower shall effectively communicate with the Agency during all stages of the Project; specifically, any delays in the completion of the Project.

(c) The Borrower shall be responsible for any additional costs required for Project completion.

(d) The Borrower shall maintain a current FEMA-approved Hazard Mitigation Plan.

(4) Ineligible Expenses. No portion of the Loan Monies, shall be used towards the following expenses:

(a) Office equipment, software, insurance, taxes (excluding sales tax), fees for attorneys or legal advice, staff time for application submittal, costs incurred for activities outside of Project, labor, overtime rates, and training;

(b) Fees such as those incurred for state or local permits unless approved by the Agency; or (c) Expenses incurred by the Borrower prior to the start of the Loan Agreement and after the Disbursement period has expired.

January, 2026 6 (5) Procurement. All procurement activity shall comply with all federal and state procurement standards.

(6) Files and Records. The Borrower shall maintain all pertinent records and evidence relevant to the Project and Loan Agreement.

(a) Upon reasonable notice, the Borrower must provide access to the Agency and/or the Division to all documentation.

(b) All records shall be maintained by the Borrower in accordance with 2 CFR 200.334 and T.C.A. §§ 10-7-702, et seq.

(7) Programmatic and Financial Audits. The Agency reserves the right to conduct programmatic and financial audits of the Project.

(8) Change Orders. Changes in the Project work that are consistent with the objectives of the Project and that are within the scope and funding level of the Loan Agreement do not require the execution of a formal Loan amendment. However, such changes will need approval from the STORM Act Team.

History

• Authority: T.C.A. §§ 4-5-201, et seq.; 58-2-103, et seq.; and 58-2-905.
• Administrative History: New rules filed October 30, 2025; effective January 28, 2026.

Tenn. Comp. R. & Regs. 0930-04-01-.09 LOAN AGREEMENT AND LOAN AMENDMENTS

(1) Loan Agreement.

(a) The Loan Agreement shall be a legally binding contract between the Agency and the Borrower. The Loan Agreement will contain general conditions and may, if necessary, contain special conditions.

(b) The general conditions will be requirements of law, regulations, and policies of the State.

(c) The special conditions of the Loan Agreement will relate to specific provisions unique for an individual Project including, but not limited to, time schedules and performance requirements.

(2) Loan Amendment.

(a) Increase in Project Loan. The Loan Agreement shall not be amended for an increase in the amount of the Project Loan. If additional funding is needed, the Borrower shall complete a new application for a separate Loan subject to all applicable rule requirements in this Chapter.

(b) Other Amendments and Modifications. Any other amendment or modification of the Loan Agreement must be approved by the Agency in writing and executed by the Agency, Division (if applicable), and Borrower.

(c) All Loan amendments are at the discretion of the Agency.

History

• Authority: T.C.A. §§ 4-5-201, et seq.; 58-2-103, et seq.; and 58-2-905.
• Administrative History: New rules filed October 30, 2025; effective January 28, 2026. January, 2026 7

Tenn. Comp. R. & Regs. 0930-04-01-.10 DISBURSEMENTS

(1) Requisition. The Agency shall authorize the Division to disburse Loan Monies from the Fund only upon receipt of a Requisition, appropriately completed and signed by an Authorized Borrower Representative.

(2) Documentation. Proper invoices and other reasonable documentation required by and acceptable to the Agency must be submitted with the Requisition.

(3) Funding Timeline.

(a) The Borrower will have sixty (60) months of the date of the Loan Agreement to draw funds for Project completion.

(b) No more than ninety (90) percent of the Loan shall be disbursed to the Borrower prior to the final approval after completion.

(c) After the final approval of the Project completion, the remaining ten percent (10%) of the Loan will be disbursed.

History

• Authority: T.C.A. §§ 4-5-201, et seq.; 58-2-103, et seq.; and 58-2-905.
• Administrative History: New rules filed October 30, 2025; effective January 28, 2026.

Tenn. Comp. R. & Regs. 0930-04-01-.11 LOAN REPAYMENTS AND INTEREST

(1) Loan Repayments.

(a) The annual principal and interest Loan Repayments from the Borrower will start no later than one (1) year after the completion of the Project.

(b) Loan Repayment schedules shall be determined by the Loan Agreement and will be based on the Loan amount.

(c) Loan Repayment schedule shall not exceed twenty (20) years from Project completion.

(d) All Loans must be repaid before the Project’s design of life ends.

(2) Prepayment. The Borrower will not incur any prepayment penalties for making a Loan Repayment in full before the due date or paying the Loan in full before the Maturity Date.

(3) Interest.

(a) The interest rate will not be more than one percent (1%).

(b) The rate of interest is established by the Review Panel at the meeting at which the Loan is approved and stated on the repayment schedule.

(c) Interest will begin to accrue upon Disbursement.

History

• Authority: T.C.A. §§ 4-5-201, et seq.; 58-2-103, et seq.; and 58-2-905.
• Administrative History: New rules filed October 30, 2025; effective January 28, 2026. January, 2026 8

Tenn. Comp. R. & Regs. 0930-04-01-.12 .

(2) Nonpayment.

(a) If the Borrower fails to make the monthly payments required by the repayment schedule, the Agency (or the Division, pursuant to an Inter-Agency Agreement) shall contact the Borrower within thirty (30) days of such failure.

(b) If the Borrower fails to cure the payment delinquency within sixty (60) days of the receipt of such notice in (a), failure will constitute an Event of Default.

(c) Upon an Event of Default for nonpayment, the State shall withhold the amount of the delinquency from any State-Shared Taxes which are otherwise apportioned to the Borrower and pay only such amount necessary to liquidate the delinquency of the Borrower to the State for deposit into the Fund.

(3) Other Events of Default.

(a) If an Event of Default occurs, Disbursements shall be suspended until the Event of Default is cured. The Agency shall deliver a written notice of an Event of Default to the Borrower within thirty (30) days of learning of the Event of Default.

(b) The occurrence of any of the following will immediately qualify as an Event of Default by the Borrower and will require immediate resolution or payment of the Loan in full.

1. Failure to provide the Agency with the required deliverables and reporting requirements;

2. Any actions to provide the Agency with false or misleading information or representation;

3. The use of Loan Monies for ineligible expenses as defined in this Rule 0930-04- 01-.08;

4. Failure to obtain all appropriate federal, state, and local permits, clearances, and approvals; or 5. The filing of bankruptcy by the Borrower.

(c) If the Borrower fails to cure the Event of Default within sixty (60) days of the receipt of the notice required by 0930-04-01-.12(3)(a), failure will constitute a Default.

January, 2026 9 (d) Upon a Default, the State shall withhold the remaining balance of the Loan from any State-Shared Taxes which are otherwise apportioned to the Borrower.

History

• Authority: T.C.A. §§ 4-5-201, et seq.; 58-2-103, et seq.; and 58-2-905.
• Administrative History: New rules filed October 30, 2025; effective January 28, 2026.

Tenn. Comp. R. & Regs. 0930-04-01-.13 CLOSE-OUT PROCESS

(1) Close-out Inspection. Following the successful completion of the Project, the Agency will conduct a close-out inspection. The Borrower shall provide access to the Project, upon reasonable notice, to the Agency.

(2) Completion Certificate. Borrower will submit a Completion Certificate certifying that the Project(s) have been completed before the final payment is disbursed.

History

• Authority: T.C.A. §§ 4-5-201, et seq.; 58-2-103, et seq.; and 58-2-905.
• Administrative History: New rules filed October 30, 2025; effective January 28, 2026.