2010 Tennessee Code
Title 62 - Professions, Businesses and Trades
Chapter 35 - Private Protective Services Licensing and Regulatory Act
62-35-119 - Registration cards Investigation of applicants Issuance or denial of cards.

62-35-119. Registration cards Investigation of applicants Issuance or denial of cards.

(a)  (1)  Upon receipt of an application for a registration card, the commissioner:

          (A)  Shall conduct an investigation to determine whether the statements made in the application are true;

          (B)  Shall cause the applicant's fingerprints to be compared with fingerprints filed with the Tennessee bureau of investigation; and

          (C)  If the application is for an armed security guard/officer registration card, shall, or if the application is for an unarmed security guard/officer registration card may, submit the applicant's fingerprints and photograph to the federal bureau of investigation for a search of its files to determine whether the applicant has any recorded convictions.

     (2)  (A)  The department of commerce and insurance has the authority to query the Tennessee bureau of investigation's Tennessee criminal history records system for the following information:

                (i)  Tennessee criminal history records;

                (ii)  Tennessee repository for apprehension of persons (TRAP); and

                (iii)  State of Tennessee orders of protection files (STOP).

          (B)  The records may be used in lieu of fingerprint background checks for the issuance of unarmed security guard/officer registrations or for the issuance of conditional armed security guard/officer registrations, if requested.

(b)  Pending issuance, denial or renewal of a registration card by the commissioner, the applicant may work as an unarmed security guard/officer, if the applicant submits a completed application form, three (3) sets of classifiable fingerprints, three (3) sets of head-and-shoulder photographs taken within the last six (6) months and the application fee to the commissioner and the applicant keeps a copy of the completed application form on the applicant's person while on duty. The applicant may only work using the completed application form for seventy-five (75) business days from the date that the completed application form, three (3) sets of classifiable fingerprints, three (3) sets of head-and-shoulder photographs taken within the last six (6) months and the application fee are received by the commissioner, pending the issuance or denial of the registration card by the commissioner. A qualified applicant may receive a conditional armed registration card pending receipt of the federal bureau of investigation report. The commissioner shall notify the applicant by postcard that all elements required for the armed registration card have been satisfied, except for receipt of the federal bureau of investigation report. The applicant may use the postcard as a conditional armed registration card until the application is ultimately granted or denied. The postcard shall include an expiration date, which shall be established by the department. If no determination is made on the original application before the expiration of the conditional armed registration card, a second conditional armed registration card may be issued.

(c)  (1)  The commissioner shall issue to a qualified applicant a registration card for armed or unarmed security officer registration upon receipt of the appropriate payment of fees and a statement from a certified trainer that the training required by this chapter has been completed. The commissioner shall establish the appropriate amounts for the fees required by this subsection (c).

     (2)  The commissioner shall issue to a qualified applicant who is a sworn peace officer a registration card for armed or unarmed security officer registration upon receipt of the appropriate payment of fees and verification of the officer's police officer standards and training commission certification.

[Acts 1987, ch. 436, § 19; 1988, ch. 987, § 8; 1990, ch. 1026, § 6; 1991, ch. 425, § 3; 1995, ch. 249, § 2; 2000, ch. 705, § 1; 2006, ch. 1013, § 3.]