Tenn. Comp. R. & Regs. 0090-01-.06 - QUALIFYING AGENT REQUIREMENTS
(1) Any person
desiring to be licensed as a qualifying agent shall make written application to
the Commissioner on such forms as are prescribed by the Commissioner. The
application shall be accompanied by an application fee as set by the
Commissioner. An applicant shall receive a license if the requirements of
T.C.A. §
62-32-313(a), (b), (c), and
(d) as described in these rules have been met
and all requisite fees have been paid.
(2) A qualifying agent applicant shall be
deemed to have supplied the required sets of fingerprints if that applicant
causes a private company contracted by the State to electronically transmit
that applicant's classifiable prints directly to the Tennessee Bureau of
Investigation (TBI) and Federal Bureau of Investigation (FBI) to forward an
electronic report based on that applicant's fingerprints to the Commissioner.
The qualifying agent applicant shall make the arrangements for the processing
of his or her fingerprints with the company contracted by the State to provide
electronic fingerprinting services directly and shall be responsible for the
payment of any fees associated with processing of fingerprints to the
respective agent authorized by the TBI and FBI.
(a) Provided, however, that the Commissioner
may authorize the submission of three (3) sets of classifiable physical
fingerprint cards, at the expense of the applicant and rolled by a qualified
person acceptable to the Commissioner, for good cause.
(3) The classifications for qualifying agents
are as follows:
(a) Fire alarm
system;
(b) Burglar alarm
system ;
(c) Monitoring;
and
(d) Closed circuit
television .
(4) An
applicant for a qualifying agent's license shall apply for each classification
in which the applicant will be serving as a qualifying agent for an alarm
systems contractor.
(5) An
applicant for a qualifying agent license will be deemed to have met the
criteria for a classification if the applicant has indicated on the application
form the classification(s) for which application is made and has met all
applicable requirements contained in Tenn. Code Ann. §§
62-32-307(d),
62-32-312(d), (e)
and 62-32-313.
(6) An applicant for a qualifying agent
license shall respond promptly to all requests by the Commissioner for further
information. Failure to provide requested information within thirty (30) days
of a request from the Commissioner shall be a basis for the denial of an
application.
(7) A qualifying agent
may have his or her license revoked or suspended or civil penalties imposed
upon him or her for any violation of these rules or Tenn. Code Ann., Title 62,
Chapter 32, Part 3.
(8) A
qualifying agent must file a termination/transfer form with the Commissioner
within thirty (30) days if the qualifying agent leaves the employment of the
alarm systems contractor by which he or she is employed.
(9) A designated qualifying agent must
perform the following:
(a) A designated
qualifying agent shall be in responsible charge of the alarm systems contractor
by which he or she is employed.
(b)
A designated qualifying agent shall be a full-time employee of the alarm
systems contractor for whom he or she works.
(c) Before a designated qualifying agent
begins to work as an employee of an alarm systems contractor, he or she shall
notify his or her previous employer in writing that he or she is no longer the
designated qualifying agent of the previous employer.
(d) A designated qualifying agent shall
determine which employees of the alarm systems contractor will have access to
records, diagrams, plans, or other sensitive information pertaining to
monitored, installed, or proposed alarm systems.
(e) A designated qualifying agent shall be
responsible for ensuring that any person required to be registered has
submitted an application to the Commissioner and for providing the Commissioner
with all materials and information required by T.C.A. §
62-32-312(d).
(f) A designated qualifying agent shall
review a registered employee's application to ensure that the information
submitted on the application is accurate.
(g) A designated qualifying agent shall
notify the Commissioner within thirty (30) days after any change in business
address for him or herself, the alarm systems contractor who employs the
designated qualifying agent , or the registered employees or qualifying agents
who are employed by the alarm systems contractor.
(h) A designated qualifying agent shall be
responsible for ensuring that an accurate application for the renewal of
registrants employed by the alarm systems contractor has been submitted in
accordance with Rule
0090-01-.05 Employee
Registration Requirements.
(i) A
designated qualifying agent shall notify the Commissioner within thirty (30)
days after any known arrest, conviction, or any arrest or conviction of which
the designated qualifying agent should have known, of any registrant, applicant
or qualifying agent under his or her supervision by any state, federal, or
military court of any crime (except minor traffic violations). The designated
qualifying agent shall provide this notification for persons who are
registered, or required to be registered, under the alarm systems contractor
that employs the designated qualifying agent . For the purposes of these rules,
"conviction" means the entry of a guilty plea, no contest plea, or a verdict or
decision rendered by a judge or jury.
(j) A designated qualifying agent shall
notify the Commissioner within ten (10) days after the designated qualifying
agent has knowledge that the alarm systems contractor, a registrant, an
applicant, or a qualifying agent has violated any provision of T.C.A. Title 62,
Chapter 32, Part 3 or any of the Commissioner's rules.
(k) A designated qualifying agent shall be
responsible for ensuring that notice of transfers and notice of terminations
are filed with the Commissioner within thirty (30) days of the transfers or
terminations of any registered employees or qualifying agents who are employed
by the alarm systems contractor.
(10) A qualifying agent applicant is not
eligible to transfer to another alarm systems contractor while still under
application. An applicant who does not complete the application process to
become a licensed qualifying agent prior to changing employment to another
alarm systems contractor shall be required to reapply and shall submit a new
application under the new alarm systems contractor, along with the appropriate
application fees, classifiable fingerprints, and photos.
(11) Qualifying agent applicants who, prior
to the issuance of their license, change from an alarm systems contractor
employee to "independent" or from "independent" to an alarm systems contractor
employee, shall be eligible to transfer one (1) time during the application
process by submitting a completed transfer form without the fifty dollar
($50.00) transfer fee. An applicant must submit a new application along with
the appropriate fee for any additional transfers.
(12) A qualifying agent who voluntarily
changes employment to another alarm systems contractor must submit a completed
transfer form, two (2) photos, and the required fifty dollar ($50.00) transfer
fee.
(13) A designated qualifying
agent shall respond in writing within twenty (20) business days to any
complaint filed against the designated qualifying agent or the alarm systems
contractor by which the designated qualifying agent is employed.
Notes
Authority: T.C.A. §§ 62-32-303, 62-32-304, 62-32-307, 62-32-313, 62-32-316, and 62-32-320.
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