2010 Tennessee Code
Title 62 - Professions, Businesses and Trades
Chapter 11 - Locksmith Licensing Act of 2006
62-11-106 - Duties of the commissioner.  

62-11-106. Duties of the commissioner.

In accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, the commissioner shall:

     (1)  Promulgate rules reasonably necessary to implement and administer this chapter in an efficient and effective manner, including rules to require submission of reports and information by licensees and registrants under this chapter and promulgate rules and regulations that the commissioner deems necessary for internal management and control;

     (2)  (A)  Establish fees sufficient to pay the annual direct and indirect anticipated expenses of this chapter, including:

                (i)  A nonrefundable application fee to include the cost of a Tennessee bureau of investigation (TBI) and federal bureau of investigation (FBI) background check for licensure;

                (ii)  A nonrefundable fee for licensure;

                (iii)  A biennial licensure renewal fee; and

                (iv)  An identification card replacement fee;

          (B)  The anticipated revenues shall not cause more than twenty-five percent (25%) of the current budget to be carried over at the end of the fiscal year;

     (3)  Establish categories of licensing, such as general locksmithing, safe and vault work and automotive work, that may have different initial qualification and continuing education requirements;

     (4)  Establish minimum qualifications, minimum education, experience and training standards for applicants for licensure under this chapter. The commissioner may seek assistance from the locksmith organizations of this state, including the Tennessee Organization of Locksmiths, Middle Tennessee Locksmith Association, East Tennessee Locksmith Association, West Tennessee Chapter of ALOA, and any independent locksmiths willing to provide the assistance to the commissioner;

     (5)  Investigate and approve applicants to be licensed or registered under this chapter including a background check conducted by the commissioner and investigation by the TBI and FBI;

     (6)  Prepare a written examination. In preparing the examination, the commissioner may appoint a testing advisory board. Members of the testing advisory board shall serve without compensation. The testing advisory board shall include two (2) licensed locksmiths from each grand division of the state who are each members of a Tennessee professional locksmith association or organization and one (1) licensed locksmith appointed from those organizations from any of the grand divisions, as well as other members whom the commissioner may select;

     (7)  Promulgate rules to establish the minimum necessary standards for continuing education for each licensing category;

     (8)  Conduct investigations regarding alleged violations and make evaluations as may be necessary to determine if licensees and registrants under this chapter are complying with this chapter;

     (9)  Investigate allegations regarding possible violations of this chapter by unregistered persons and seek enforcement under § 62-11-109;

     (10)  Investigate complaints containing allegations of violations of applicable laws and rules;

     (11)  Issue subpoenas to compel the attendance of witnesses and the production of pertinent books, accounts, records and documents;

     (12)  Deny, suspend or revoke any license, licensure or renewal issued or to be issued under this chapter to any applicant, registrant or licensee who fails to satisfy the requirements of this chapter or for any of the reasons stated in § 62-11-108, who fails to observe the terms and conditions of any license, licensure or renewal, or who fails to follow the rules established by the commissioner;

     (13)  Seek civil remedies at law or equity to restrain or enjoin any unauthorized practice or other violation of this chapter; and

     (14)  Maintain a registry of licensed locksmithing businesses, whether a sole proprietorship, partnership, association, corporation or other entity offering locksmithing services to the public in the state, showing who is licensed and employed by those businesses as locksmiths and apprentices.

[Acts 2006, ch. 885, § 7; 2007, ch. 526, §§ 7-11.]