Tenn. Comp. R. & Regs. 1175-01-.18 - EXCEPTIONS TO APPLICABILITY

(1) For purposes of T.C.A. § 62-26-223(b)(3)(A), the term "employee" shall be defined as an individual to whom wages are paid by the attorney or law firm and from whose wages Federal Income Tax and/or Federal Insurance Contributions Act monies are withheld by the attorney or law firm.

(2) The activities performed by the National Insurance Crime Bureau, a non-profit organization, are not required to be performed by a licensed private investigator.

(3) Persons performing the duties of a mortgage default inspector are not required to obtain a private investigator license provided that these persons only interview the homeowner/mortgagor to determine the reason for delinquency in payments. Additionally, if the property is vacant or appears to be so, the company representative performing these duties may talk to neighbors to verify occupancy status of the subject property and, after completion of duties, may file a report with the mortgage company detailing the findings.

(4) Persons who perform the services of a "mystery shopper" or who are employed as a "mystery shopper" are not required to be licensed as a private investigator, as long as the "mystery shopper" is not performing private investigation services as defined in T.C.A. § 62-26-202(6) and (10). A "mystery shopper" is someone who is employed by a retail organization to assess the functioning of the retail organization, including but not limited to customer service and product quality.

(5) Court reporters and persons who perform videographer services for depositions are not required to obtain a private investigator license.

Notes

Tenn. Comp. R. & Regs. 1175-01-.18

Original rule filed June 9, 2003; effective August 23, 2003. Amendment filed September 19, 2003; effective December 3, 2003. Amendment filed February 8, 2012; effective May 8, 2012.

Authority: T.C.A. §§ 62-26-205, 62-26-208, 62-26-223, and 62-26-303.