BEFORE THE COMMISSION ON FIREFIGHTING PERSONNEL STANDARDS AXP EDUCATION ~ 2016 JUN 20 PM 4:47 IN THE MATTER OF: SECR 1 TROY L. MANEY STARY OF stave CERTIFICATION in Fire Fighter I, Fire Fighter II, Hazardous Mats Awareness, Hazardous Materials Operation, Fire Department Instructor I Docket No, 12.33-137559A. 3505 FOX RUN LANE Cleveland, TN 37323 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE Comes now the State of Tennessee, by and through undersigned counsel, and hereby notifies this Court and the Administrative Judge assigned to this matter, previously set for June 28 and June 29, 2016, that parties have resolved this matter through the attached Agreed Order of Surrender. The State would show that therefore, the State takes a voluntary nonsuit to dismiss this formal proceeding with prejudice RESPECTFULLY SUBMITTED this 20th day of June 2016. Department of Commerce and Insurance 500 James Robertson Parkway Nashville, TN 37243 (615)741-8683 Carey.Kefauver@tn.govCERTIFICATE OF SERVICE Thereby certify that I have forwarded a copy of this Notice of Voluntary Dismissal with Prejudice to the following individuals: 1, __ Troy L. Maney, 3505 Fox Run Lane, Cleveland, TN 37323, First Class Mail and Certified First Class U.S. Mail, Return Receipt Requested No. 7004 1350 0002 6148 2298; and 2. James F. Logan, Jr., Logan-Thompson, P.C., 30 2" Street NW, Cleveland, TN 37311, First Class Mail and Certified First Class U.S. Mail, Return Receipt Requested No. 7004 1350 0002 6148 2281; and that I have filed the original of this Notice of Voluntary Dismissal with Prejudice with the Office of the Secretary of State, Administrative Procedures Division, 8" Floor, Wm. R. Snodgrass Tennessee Tower, Nashville, Tennessee, on this 20" day of June, 2016. Carey-B/ Attomey-At-LawBEFORE THE COMMISSION ON FIREFIGHTING PERSONNEL STANDARDS AND EDUCATION IN THE MATTER OF: ) ) TROY L. MANEY ) CERTIFICATION in Fire Fighter I, ) Fire Fighter II, Hazardous Materials ) Awareness, Hazardous Materials Operation, ) ‘Docket No. 12.33-137559A. Fire Department Instructor I ) ) 3505 FOX RUN LANE ) Cleveland, TN 37323 ) AGREED ORDER OF SURRENDER THIS MATTER comes before the Commission on Firefighting Personnel Standards and Education (“Commission”) based on the Notice of Hearing and Charges filed on May 13, 2016 on behalf of the Commission. Troy L. Maney (“Respondent”), voluntarily enters into this Agreed Order to avoid the formal hearing scheduled for June 28 and June 29, 2016, iERAL STIPULATI iS 1. It is expressly understood that this Agreed Order (“Order”) is subject to aceeptance and execution by the Commission, and that this Order has no force and effect until it is accepted and executed by the Commission. 2. This Agreed Order is executed by the Respondent for the purpose of avoiding further administrative action with respect to this cause. Furthermore, should this Agreed Order not be accepted by the Commission, it is agreed that presentation to and consideration of this Agreed Order shall not unfairly or illegally prejudice the Commission from further participation or resolution of these proceedings.Respondent fully understands that this Agreed Order will in no way preclude additional proceedings by the Commission against Respondent for acts or omissions not specifically addressed in this Agreed Order or for facts and/or omissions that do not arise from the facts or transactions herein addressed. 4. Respondent fully understands that this Agreed Order will in no way preclude proceedings by state government representatives, other than the Commission for violations of the Commission on Fire Fighting Rules, Chapter 0020-03 addressed specifically in this Agreed Order, against the Respondent for violations of law under statutes, rules, or regulations of the State of Tennessee, which may arise out of the facts, acts, or omissions contained in the Findings of Fact and Conclusions of Law stated herein, or which may arise as a result of the execution of this Agreed Order by the Respondent. 5. Respondent expressly waives all further procedural steps, and expressly waives all rights to seek judicial review of or to otherwise challenge or contest the validity of this Agreed Order, the stipulations and imposition of discipline contained herein, and the consideration and entry of said Agreed Order by the Commission. AUTHORITY Authority and jurisdiction are conferred upon the Commission on Firefighting Personnel Standards and Education by TENN. CODE ANN. § 4-24-107 and by TENN. Comp. R. & Recs. 0360-05-01-.01 to suspend or revoke the certification of any firefighter for one or more of the reasons specified in the rule,PARTIES 1. Respondent is currently employed as the Fire Chief of Bradley County Fire-Rescue in Cleveland, Tennessee. Respondent's last known address is 3505 Fox Run Lane, Cleveland, Tennessee 37323. 2. The Commission is charged with the establishment of uniform standards for the education and training for firefighter certification. The Commission is the lawful agent through which the laws and rules are administered and is authorized to bring this action. STIPULATED FACTUAL ALLEGATIONS 1, Atal times hereinafter relevant, Respondent was employed as the Fire Chief of Bradley County Fire-Rescue in Cleveland, Tennessee. 2. Onor about April 18, 2015, the Commission received a complaint alleging that the Respondent misrepresented himself and was complicit in actions to circumvent the testing requirements of the Commission. 3. On or about October 19, 2014, Respondent received credit for successful completion of the Live Bum Practical. Respondent did not participate in the Live Burn Practical on this day. 4. On or about December 6, 2014, Respondent received certification in Hazard Materials Operations. Respondent was not present for and did not complete the written or practical requirements of the Hazard Material Operations testing on this day. 5. On or about December 6, 2014, Respondent received certification in Hazard Materials Awareness. Respondent was not present for and did not complete the written exam for the Hazard Material Awareness on this day.On or about December 6, 2014, Respondent received credit for successful completion of the practical portion of Fire Fighter I and Fire Fighter I] traini . Respondent was not present for and did not complete the Fire Fighter I or Fire Fighter II practical on this day. On or about January 19, 2015, Respondent received certification as a Fire Fighter 1 Respondent did not complete the Fire Fighter I written exam on this day. 8. On or about February 26, 2015, Respondent received certification as a Fire Fighter Il. Respondent was not present for and did not complete the Fire Fighter II written exam on this day. 9. On or about March 17, 2015, Respondent received credit for teaching a course on fire extinguishers which satisfied the practical portion of the Fire Department Instructor I testing, Respondent did not teach such a course on this day, and no such course was scheduled on this day. 10. On or about April 7, 2015, Respondent received certification as a Fire Department Instructor I. Respondent was not present for and did not complete the Fire Department Instructor I written exam this day. STIPULATED CONCLUSIONS OF LAW, 1, The Respondent's acts and conduct, as set forth in the foregoing “Stipulated Factual Allegations,” specifically paragraphs 1-3, constitute grounds for revocation under TENN. Comp, R. & REGS. 0360-05-01-.01, which states in pertinent part, as follows: ‘The Commission may revoke, modify, suspend or condition its certification of an individual, a training course, or a training program if it finds, after appropriate notice and hearing, that: @) Any fraud, collusion, misrepresentation or substantial mistake was involved in the procurement of the certification,2. ‘The Respondent, while not admitting liability in paragraphs 4-10, agrees that if those factual allegations were adopted by the Commission, during a contested case proceeding, the ‘Commission could find that such constitute violations of the below-referenced Conclusions of Law, which states, in pertinent part, as follows: 1. TENN. Comp. R. & Recs, 0360-05-01-.01 provides, in pertinent part, as follows: ‘The Commission may revoke, modify, suspend or condition its certification of an individual, a training course, or a training program if it finds, after appropriate notice and hearing, that: (1) The requirements for certification had not been met prior to certification; or 3) Any fraud, collusion, misrepresentation or substantial mistake was involved in the procurement of the certification. ORDER NOW, THEREFORE, on the basis of the foregoing, and Respondent's waiver of the right to a hearing and appeal under the Act and the Uniform Administrative Procedures Act, ‘TENN. CODE ANN. §§ 4-5-101 to 4-5-404 (2011), and Respondent’s admission of jurisdiction of the Commission on Firefighting Personnel Standards and Education, the Commission finds that Respondent, for the purpose of settling this matter, admits the Factual Allegations and Conclusions of Law, agrees to the entry of this Order and agrees that this Order is in the public interest, necessary for the protection of the public and consistent with the purposes fairly intended by the policy and provisions of TENN, Copz ANN. § 4-24-101 et seq. and the rules promulgated thereunder. IT IS HEREBY ORDERED, pursuant to the rules promulgated thereunder, that Respondent TROY L. MANEY: 1. Respondent’s certifications in Fire Fighter I, Fire Fighter I, Hazard MaterialsAwareness, Hazard Materials Operations, and Fire Department Instructor 1 are hereby SURRENDERED, effective immediately upon the execution and acceptance of this Order by the Commission. 2. Respondent not be eligible to participate in the certification program administered by the Commission for a period of 2 years following the date of the execution and acceptance of this Order by the Commission, IT IS ORDERED that this Agreed Order represents the complete and final resolution of, and discharge with respect to all administrative and civil, claims, demands, actions and causes of action by the Commission against Respondent TROY L. MANEY for violations alleged by the Commission to have occurred with respect to the facts contained herein, This Agreed Order is in the public interest and in the best interests of the parties, and Tepresents a compromise and settlement of the controversy between the parties and is for settlement purposes only. By the signatures affixed below, Respondent TROY L. MANEY, affirmatively states he has freely agreed to the entry of this Agreed Order, that he waives the right to a hearing on the matters underlying this Agreed Order and to a review of the Factual Allegations and Conclusions of Law contained herein, and that no threats or promises of any kind have been made to him by the Board or any agent or representative thereof, The parties, by signing this Agreed Order, affirmatively state their agreement to be bound by the terms of this Agreed Order and aver that no promises or offers relating to the circumstances described herein, other than the terms of settlement as set forth in this Agreed Order, are binding upon them, a ENTERED this QO" day of une 52016. oe I_Meyoy Troy L. Maney (Respondent) DateAPPROVED FOR ENTRY: ("ae SFinssane 20 | Lote Finucane, Chaimnan Date Firefighting Commisgjon 2 Se C — lp Ww / 96 Ilo Date James F. Logan, Jr. : Attomey for Respondesi Logan-Thompson, P.C, 302" Street NW Cleveland, TN 37311 423-476-2251 z , BPR 1024538 Assistant eneral Counsel ‘$00 James Robertson Parkway ‘Nashville, TN 37243 (615) 741-8683, Carey Kefauver@tn.gov ENTERED this 40"° ay of ___Jiune- 2016.