2010 Tennessee Code
Title 62 - Professions, Businesses and Trades
Chapter 20 - Tennessee Collection Service Act
62-20-108 - Location manager Notice to board.

62-20-108. Location manager Notice to board.

(a)  (1)  Every collection service shall have, for each location at which it conducts business, a location manager who has submitted an application on a form prescribed by the board, accompanied by a nonrefundable application fee as set by the board, and has demonstrated to the satisfaction of the board that the applicant has:

          (A)  Received a high school diploma, or, in lieu of a high school diploma, has received a general educational development (GED) diploma;

          (B)  Completed an in-person interview before the board; provided, that the board may, in its discretion, waive the requirement of a personal interview;

          (C)  Passed an examination approved by the board; and

          (D)  Been employed by a licensed collection service in a position directly related to the collection of debts or the solicitation of accounts receivables for a period of no less than one (1) year within a three-year period of the date on which the examination was administered; or, in the alternative, has demonstrated to the satisfaction of the board that the applicant has adequate experience, within a three-year period of the date on which the examination was administered, in a business that is governed by laws similar to those laws that govern a licensed collection service, including, but not limited to, the Fair Debt Collection Practices Act, compiled in 15 U.S.C. § 1692 et seq., in a position directly related to the collection of debts or the management of credit or accounts receivables, such that the applicant is competent to discharge properly the responsibilities of a location manager.

     (2)  The examination shall be composed, administered and graded by an outside, independent educational testing organization. The final selection and approval of the testing organization and the examination shall be made by the commissioner of commerce and insurance and the collection service board.

(b)  (1)  The examination shall cover subjects that the board may deem necessary for a proper evaluation of the examinee's competence to operate a collection service business.

     (2)  In case of failure, the fee for each reexamination shall be set by the board.

     (3)  No person shall be administered the location manager examination as provided in this subsection (b) more than three (3) consecutive times. In the event a person fails the location manager examination three (3) consecutive times, that person must wait one (1) year following the third failure before taking the examination again. The location manager examination shall be administered approximately every one hundred twenty (120) days so that the examination is administered three (3) times annually.

(c)  (1)  Any person who meets the requirements of subsection (a) shall be issued a license to act as a location manager.

     (2)  The location manager license shall be prominently displayed at all times at the location of the collection service at which the licensee acts as location manager.

(d)  (1)  A location manager license issued pursuant to this section shall be revoked, if, within a two-year period prior to the date of the revocation, the licensee:

          (A)  Did not act as a location manager;

          (B)  Did not work on a full-time basis in a licensed collection service; or

          (C)  Was not employed by an attorney-at-law in a position directly related to the collection of debts and the solicitation of accounts receivable.

     (2)  Nothing in this subsection (d) shall be construed to deprive the licensee of the privilege of placing their license in temporary retirement status for up to the maximum time allowed for retirement, as provided in § 62-20-121(a).

(e)  The board shall be promptly notified in writing of any change in address, management, location manager or ownership of a collection service business.

[Acts 1981, ch. 170, § 8; 1987, ch. 292, § 2; 1988, ch. 823, §§ 10-16; 1989, ch. 523, §§ 167, 168; 2001, ch. 130, § 1; 2009, ch. 279, § 7.]