Tenn. Comp. R. & Regs. 1175-01-.04 - APPLICANTS FOR LICENSES
(1) Any applicant
who seeks to qualify for a private investigators license must apply directly to
the independent testing organization selected by the Commission to prepare and
grade such examination. Payment of any examination (or re-examination) fee
shall be the responsibility of the applicant. The independent testing
organization will notify each examinee of the results of the
examination.
(2) A company license
or written notice of company affiliation must be on file with the Commission
office prior to the issuance of a personal private investigator license or
license renewal.
(3) Applications
for private investigator or private investigations company licensing must be on
file with this office prior to scheduling examination(s).
(4) Upon termination of apprenticeship,
applicant may not seek apprenticeship again.
(5) An applicant denied for material
misstatement is not eligible to reapply for licensure for a period of six (6)
months from the date of denial. Appeals must be submitted to the commission in
writing within thirty (30) days from the denial. All documentary dispositions
and required court documents must be provided prior to a scheduled appeal
hearing before the commission.
(6)
Disposition of the following crimes or actions taken by an authority having
jurisdiction may disqualify an applicant, subject to the discretion of the
commission:
(a) Conviction by any local,
state, federal, or military court of any crime involving the illegal sale,
manufacture, distribution, or transportation of a controlled substance, drug,
or narcotic;
(b) Conviction of any
felony;
(c) Conviction of a crime
involving unlawful breaking and entering, burglary, larceny, or
arson;
(d) Conviction as a habitual
criminal;
(e) Conviction of a
misdemeanor crime of domestic violence as defined in 18 U.S.C.A. §
921(33);
(f) Any misdemeanor
conviction involving:
1. Shooting a firearm or
other weapon;
2. Shoplifting;
or
3. Assault and battery or other
act of violence against persons or property.
(7) An applicant may be disqualified for
licensure for habitual drunkenness; narcotics addiction or dependence; and/or
unlawful use of or addiction to any controlled substance, as defined in section
102 of the Controlled Substances Act, 21 U.S.C.A. § 902(6). This
prohibition includes any person who is a current user of a controlled
substance. The commission may draw an inference of current use from recent use
or possession of a controlled substance, e.g., positive drug test upon arrest
or during probation within the past year; a conviction for use or possession of
a controlled substance within the past year; or multiple arrests for such
offenses within the past five (5) years if the most recent arrest occurred
within the past year.
(8) An
applicant may be disqualified for licensure for having been discharged from the
armed forces under conditions less than honorable.
(9) An applicant may be disqualified for
licensure for being subjected to a court order restraining the applicant from
committing an act of domestic violence. The order must have been issued after a
hearing during which the person restrained received actual notice of the
hearing and had an opportunity to participate in any proceedings. The
restrained individual need have only an opportunity to participate in any
proceedings; consequently, failure to appear at the proceeding or consent to
the entry of the order without a hearing does not affect this prohibition.
Consent orders and orders entered by a court of competent jurisdiction upon the
applicant's failure to appear qualify under this prohibition.
(10) An applicant for licensure meeting the
requirements of T.C.A. §
4-3-1304(d)(1)
may:
(a) Be issued a license upon application
and payment of all fees required for the issuance of such license, if, in the
opinion of the commission, the requirements for licensure of such other state
are substantially equivalent to that required in Tennessee; or
(b) Be issued a temporary permit as described
herein if the commission determines that the applicant's license does not meet
the requirements for substantial equivalency, but that the applicant could
perform additional acts, including -- but not limited to --education, training,
or experience, in order to meet the requirements for the license to be
substantially equivalent. Under these circumstances, the commission may issue a
temporary permit upon application and payment of all fees required for issuance
of a regular license of the same type, which shall allow such person to perform
services as if fully licensed for a set period of time that is determined to be
sufficient by the commission for the applicant to complete such requirements.
1. After completing those additional
requirements and providing the commission with sufficient proof thereof as may
be required, a full license shall be issued to the applicant with an issuance
date of the original issuance of the temporary permit and an expiration date as
if the full license had been issued at that time.
2. A temporary permit shall be issued for a
period no longer than the length of a renewal cycle for a full license of the
same type.
3. A temporary permit
shall expire upon the date set by the commission and shall not be subject to
renewal except through the completion of the requirements for substantial
equivalency as required by the commission or by an extension of time granted by
the commission for good cause.
4.
Should an extension to a temporary permit cause the permit to be in effect
longer than the renewal cycle of a full license, then the holder of the
temporary permit shall file a renewal application with such documentation and
fees, including completion of continuing education, as are required by the
commission for all other renewals of a full license of the same type.
(c) Military education, training,
or experience completed by a person described at T.C.A. §
4-3-1304(d)(1)(B)(ii)(a)-(c)
shall be accepted toward the qualifications, in whole or in part, to receive
any license issued by the commission if such military education, training, or
experience is determined by the commission to be substantially equivalent to
the education, training, or experience required for the issuance of such
license.
(11) Any
licensee who is a member of the National Guard or a reserve component of the
armed forces of the United States called to active duty whose license expires
during the period of activation shall be eligible to be renewed upon the
licensee being released from active duty without:
(a) Payment of late fees or other penalties;
or
(b) Obtaining continuing
education credits when:
1. Circumstances
associated with the person's military duty prevented the obtaining of
continuing education credits and a waiver request has been submitted to the
commission; or
2. The person
performs the licensed or certified occupation as part of such person's military
duties and provides documentation sufficient to demonstrate such to the
commission.
(12) The license, certification or permit
shall be eligible for renewal pursuant to Paragraph (11) for six (6) months
from the person's release from active duty.
(13) Any person renewing under Paragraph (11)
shall provide the commission such supporting documentation evidencing
activation as may be required by the commission prior to the renewal of any
license pursuant to Paragraph (11).
Notes
Authority: T.C.A. §§ 62-26-204, 62-26-205, 62-26-206, 62-26-208, 62-26-217, 62-26-303(a), and 4-3-1304(d)(1).
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