Tenn. Comp. R. & Regs. 0780-05-02-.08 - APPLICANTS FOR REGISTRATION CARDS
(1) Pending
issuance or denial of a registration card, an individual may work as an unarmed
security guard/officer if he or she:
(a) Has
filed with the Commissioner an application which is sufficient on its face in
all respects (except for proof of completion of required training). The
Commissioner may consider the following documentation as proof that an
application has been filed:
1. Postmarked
certified United States Mail receipt addressed to the Tennessee Department of
Commerce and Insurance and evidencing certified return receipt postage
paid;
2. Receipt evidencing
shipment of the application to the Tennessee Department of Commerce and
Insurance via a commercial courier service;
3. United States Mail return
receipt;
4. A printed confirmation
for an application and payment summary; or
5. Such other evidence of filing as the
Commissioner may deem acceptable;
(b) Has paid the prescribed application and
licensing fee; and
(c) Keeps on his
or her person while on duty, a copy of the completed application that is on
file with the Tennessee Department of Commerce and Insurance.
(d) Once an application for a security
guard/officer has been denied, then the applicant may not perform the services
of a security guard/officer by retaining a copy of a completed and filed
application on his or her person.
(e) Once an application for a security guard
registration has been denied based on a criminal record, the security guard
must immediately cease and desist all security guard activities and may not
reapply for a security guard registration, either armed or unarmed, for six (6)
months from the date of the registration denial.
(f) A security guard/officer who is working
on a pending application in a public school, public charter school, private
school, or church-related school must also keep proof of all training
requirements necessary to be posted in such school at all times while providing
security or patrol services in or at such school, which may include:
1. A copy of a training form from a certified
trainer indicated the completed training by the security
guard/officer;
2. Any
certifications, certificates, cards, or other documentation from an approved
provider evidencing the security guard/officer's completion of the required
training; and/or
3. Any proof or
documentation of the security guard/officer's status being exempt from any
training requirements.
(g) Any applicant who receives notification
of the incomplete status of their application must immediately cease all work
as a security guard until such deficiency in his/her application is remediated
and the applicant can show proof of such remediation. The Commissioner may
consider the following documentation as proof that any defect in an application
has been remediated:
1. Correspondence, either
in physical or electronic form, which confirms his/her application is
complete;
2. Any evidence which
tends to substantiate any missing documents and/or information not included in
the applicant's original application have now been received by the program;
or
3. Any other evidence of filing
as the Commissioner may deem acceptable.
(2) Any holder of, or applicant for, an
unarmed security guard/officer registration card who wishes to act as an armed
security guard/officer must file a separate application (with the prescribed
application and licensing fee) for an armed security guard/officer registration
card.
(3) A security guard/officer
who holds an active registration card or who has applied for a registration
card but who has not completed the additional training required by T.C.A.
§
62-35-118(a)(2)(B) must complete this additional training within fifteen
(15) days of being employed by or otherwise providing services for a
proprietary security organization that holds a license or permit for
on-premises consumption from the alcoholic beverage commission or a beer
board.
(4) If a security
guard/officer is employed by a contract security company but not placed on a
post that would require the additional training pursuant to T.C.A. §
62-35-118(a)(2)(B), then the security guard/officer will not need to complete
the additional training unless or until the security guard/officer is placed on
a post that would require the additional training required by T.C.A. §
62-35-118(a)(2)(B). If a security guard/officer has been employed by a contract
security company for more than fifteen (15) days and is then placed on a post
that requires the additional training pursuant to T.C.A. §
62-35-118(a)(2)(B), then the security guard/officer will have fifteen (15) days
from the date of being placed on the post to complete the additional training,
even if that exceeds fifteen (15) days from the date the guard was originally
employed by the contract security company.
(5) A security guard/officer registrant or
applicant who is or will be on a post that requires the additional training
pursuant to T.C.A. §§
62-35-118(a)(2)(B) or 62-35-118(e) must submit
an application to the Commissioner to add the required classifications to his
or her registration card that indicates this security guard/officer has or will
complete the required trainings pursuant to T.C.A. §§
62-35-118(a)(2)(B) or 62-35-118(e). This application must be submitted and all
applicable fees paid prior to this guard working at this post. A copy of the
application to add these trainings to the registration card must be kept on the
security guard/officer's person, as described in subdivision (1) of this
rule.
(6) A security guard/officer
who is working at a post requiring the additional training pursuant to T.C.A.
§§
62-35-118(a)(2)(B) or 62-35-118(e) must keep an active
registration card showing the added trainings on the card or a copy of the
submitted application to add classifications to his or her registration card
and proof of the payment of all applicable fees on his or her person while
working as a security guard at this post.
(7) Any application for a registration card
that fails to include any documents required upon submission of the application
may be closed or denied at the discretion of the Commissioner.
Notes
Authority: T.C.A. §§ 62-35-103, 62-35-116, 62-35-119, and 62-35-129; and Public Acts of 1987, Chapter No. 436, Section 38(b).
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) Pending issuance or denial of a registration card, an individual may work as an unarmed security guard/officer if he:
(a) Has filed with the commissioner an application which is sufficient on its face in all respects (except for proof of completion of required training). The commissioner may consider the following documentation as proof that an application has been filed:
1. Postmarked certified United States Mail receipt addressed to the Tennessee Department of Commerce and Insurance and evidencing certified return receipt postage paid;
2. Receipt evidencing shipment of the application to the Tennessee Department of Commerce and Insurance via a commercial courier service;
3. United States Mail return receipt; or
4. Such other evidence of filing as the commissioner may deem acceptable;
(b) Has paid the prescribed application fee; and
(c) Keeps on his person while on duty, a copy of the completed application that is on file with the Tennessee Department of Commerce and Insurance.
(d) Once an application for an unarmed security guard/officer has been denied, then the applicant may not perform the services of an unarmed security guard/officer by retaining a copy of a completed and filed application on his person.
(e) Any applicant for an unarmed security guard/officer registration card employed by a proprietary security organization shall include a letter form the employer attesting to the employment of the applicant.
(f) Once an application for either an armed or unarmed security guard has been denied based on a criminal record, the security guard must immediately cease and desist all security guard activities and may not reapply for a security guard registration, either armed or unarmed, for six (6) months from the date of the registration denial.
(2) No individual shall act as an armed security guard/officer before obtaining an armed security guard/officer registration card, except any individual employed as an armed security guard/officer on January 1, 1988 who:
(a) Files with the Commissioner on or before March 31, 1988, an application for an armed security guard/officer registration card which is sufficient on its face in all respects (except for proof of completion of required training), and is accompanied by the proper fee;
(b) Keeps on his person while on duty a copy of the completed application; and
(c) Has not been notified by the Commissioner that such application has been denied.
(3) Any holder of, or applicant for, an unarmed security guard/officer registration card who wishes to act as an armed security guard/officer must file a separate application (with the prescribed application fee) for an armed security guard/officer registration card.
Notes
Authority: T.C.A. §§ 62-2-103(b), 62-35-129(b), 62-35-116, 62-35-119(b), and Public Acts of 1987, Chapter No. 436, Section 38(b).