reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 32 - FIRE PROTECTION AND ALARM SYSTEMS (§§ 62-32-101 — 62-32-325) › Part 3 - ALARM CONTRACTORS LICENSING ACT OF 1991 (§§ 62-32-301 — 62-32-325) › Section 62-32-315 - Insurance

(a)
No certification shall be issued under this part unless the applicant files with the commissioner as evidence of insurance a policy of liability insurance providing for the following minimum coverage:
(1)
One hundred thousand dollars ($100,000) because of bodily injury or death of one (1) person as a result of the negligent act or acts of the principal insured or the principal insured's agents, operating in the course and scope of the agents' employment;
(2)
Subject to the limit for one (1) person, three hundred thousand dollars ($300,000) because of bodily injury or death of two (2) or more persons as the result of the negligent act or acts of the principal insured or the principal insured's agent operating in the course and scope of the agent's agency; and
(3)
One hundred thousand dollars ($100,000) because of injury to or destruction of property in the course and scope of the agent's agency.
(b)
Every certified company shall provide proof of insurance to the commissioner upon request from the commissioner. Failure to provide proof of insurance shall be grounds for suspension or revocation of a certified company's certification.
Acts 1991, ch. 400, § 15; 1996, ch. 848, § 18; 2000, ch. 641, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 32 - FIRE PROTECTION AND ALARM SYSTEMS (§§ 62-32-101 — 62-32-325) › Part 3 - ALARM CONTRACTORS LICENSING ACT OF 1991 (§§ 62-32-301 — 62-32-325) › Section 62-32-316 - Alarm systems contractors - Certification - Branch offices

(a)
The certification, when issued, shall be in the form that may be determined by the commissioner and shall state:
(1)
The name of the certified company;
(2)
The name under which the certified company is to operate;
(3)
The qualifying agent; and
(4)
The number and expiration date of the certification.
(b)
There shall be four (4) classifications of alarm systems contractor: "burglar alarm systems," "fire alarm systems," "monitoring," and "closed circuit television." Alarm systems contractors may be certified in one (1) or more classifications.
(c)
Following issuance, the certification shall at all times be posted in a conspicuous place in the place of business of the certified company. A certification issued under this part is not assignable.
(d)
All alarm systems contractors shall permanently display their certification number on all advertising, service vehicles, correspondence, business cards, letterheads and the like.
(e)
No certified company shall engage in any business regulated by this part under a name other than the certification name or names that appear on the certificate issued by the commissioner.
(f)
Any branch office of an alarm systems contractor shall be properly certified. A separate certification, stating the location and qualifying agent, shall be posted at all times in a conspicuous place in each branch office. Every business covered under this part shall file in writing with the commissioner the address of each of its branch offices. All certified branch offices shall notify the commissioner in writing, within thirty (30) working days after the establishment, closing or changing of the location of any branch office. A qualifying agent may not be responsible for more than one (1) branch office of an alarm system contracting business. Each business location must be certified.
Acts 1991, ch. 400, § 14; 1992, ch. 977, § 2; 1993, ch. 429, § 4; 1996, ch. 848, § 19.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 32 - FIRE PROTECTION AND ALARM SYSTEMS (§§ 62-32-101 — 62-32-325) › Part 3 - ALARM CONTRACTORS LICENSING ACT OF 1991 (§§ 62-32-301 — 62-32-325) › Section 62-32-317 - Term of certification - Renewal

(a)
Each certification, license or registration granted by the commissioner shall expire on the last day of the twenty-fourth month following its issuance or renewal and shall become invalid on that date unless renewed.
(b)
Renewal notices shall be mailed ninety (90) days prior to the expiration date of the certification. The renewal must be received in the office of the commissioner prior to the expiration of the certification.
(c)
It is the duty of the commissioner to notify by mail every person certified under this part of the date of expiration of the person's certificate of certification and the amount of fee required for its renewal. The notice shall be mailed in accordance with this section.
(d)
Applications for certification and renewal of certification shall list all persons required to be licensed in accordance with §
62-32-312(a)
.
(e)
The fee to be paid for the renewal of a certification after the expiration date shall be increased ten percent (10%) for each month or fraction of a month that payment for renewal is delayed; provided, that the maximum fee for a delayed renewal shall not exceed twice the normal fee.
(f)
No alarm systems contractor shall be qualified to receive a renewal certification when the alarm systems contractor has been in default in complying with this part for a period of three (3) months, and, in such event, the alarm systems contractor, in order to qualify under the law, shall make a new application as in the case of the issuance of the original license.
Acts 1991, ch. 400, § 17; 1996, ch. 848, §§ 20, 21; 2004, ch. 509, § 1; 2008 , ch. 1038, §§ 11, 16.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 32 - FIRE PROTECTION AND ALARM SYSTEMS (§§ 62-32-101 — 62-32-325) › Part 3 - ALARM CONTRACTORS LICENSING ACT OF 1991 (§§ 62-32-301 — 62-32-325) › Section 62-32-318 - Fees

(a)
The commissioner is authorized to establish and charge reasonable application, certification, registration and license fees as follows:
(1)
A nonrefundable application fee for a certification as alarm systems contractor;
(2)
Upon approval of application, a certification fee;
(3)
A renewal certification fee;
(4)
A nonrefundable application fee to include the cost of an FBI/TBI background check for a qualifying agent's license;
(5)
Upon approval of the commissioner of a qualifying agent's license, a license fee;
(6)
A nonrefundable application fee to include the cost of an FBI/TBI background check for an employee registration; and
(7)
A nonrefundable registration fee set by the commissioner.
(b)
The total amount of fees annually established by the commissioner shall equal the direct and indirect anticipated expenses of the commissioner for the year.
Acts 1991, ch. 400, § 18; 1996, ch. 848, § 23; 2008 , ch. 1038, §§ 12-14.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 32 - FIRE PROTECTION AND ALARM SYSTEMS (§§ 62-32-101 — 62-32-325) › Part 3 - ALARM CONTRACTORS LICENSING ACT OF 1991 (§§ 62-32-301 — 62-32-325) › Section 62-32-319 - Suspension or revocation of certificate or license - Grounds

(a)
Any person may prefer charges in writing to the commissioner against any certificate holder, licensee, registrant or other person, firm or business offering alarm systems or services in violation of this part.
(b)
The commissioner may, after notice and an opportunity for hearing, suspend or revoke a certification or license issued under this part if it is determined that the licensee or certified person has:
(1)
Made any false statement or given any false information in connection with any application for a license or for the renewal or reinstatement of a license;
(2)
Violated any provision of this part;
(3)
Violated any rule promulgated by the commissioner pursuant to the authority contained in this part;
(4)
Been convicted of any crime indicating lack of good moral character. However, an action taken under this subdivision (b)(4) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title;
(5)
Failed to correct business practices or procedures that have resulted in a prior reprimand by the commissioner;
(6)
Impersonated or permitted or aided and abetted any other person to impersonate a law enforcement officer of the United States, this state or any of its political subdivisions;
(7)
Engaged in or permitted any employee to engage in any alarm contracting business when not lawfully in possession of a valid certification or license issued under this part;
(8)
Been convicted on an unlawful breaking or entering, assault, battery or kidnapping;
(9)
Been found guilty by the commissioner of misconduct, gross negligence or incompetence or committed any other act that is a ground for the denial of an application for a certification or a license under this part; or
(10)
Failed to maintain insurance and bond as required by this part.
(c)
The commissioner has the power to revoke or suspend any certification or license or renewal granted by it for any of the reasons stated in this section or for a failure to observe the terms and conditions of any certification, license or renewal.
(d)
The commissioner may refuse to issue or renew a certification or license to any person, firm or corporation for lack of financial stability, misconduct, gross negligence, lack of expertise, submission of false evidence with regard to application of license or renewal, conviction of a felony and any other conduct that constitutes improper, fraudulent or dishonest dealing or violation of this part.
(e)
The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, governs all matters and procedures regarding the hearing and judicial review of any contested case arising under this part.
Amended by 2018 Tenn. Acts, ch. 745, s 17, eff. 7/1/2018.
Acts 1991, ch. 400, § 19.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 32 - FIRE PROTECTION AND ALARM SYSTEMS (§§ 62-32-101 — 62-32-325) › Part 3 - ALARM CONTRACTORS LICENSING ACT OF 1991 (§§ 62-32-301 — 62-32-325) › Section 62-32-320 - Penalties

(a)
The commissioner may, when it deems appropriate, seek civil remedies at law or equity to restrain or enjoin any unauthorized practice or other violation of this part.
(b)
Any person, firm or corporation that engages or offers to engage in contracting without a certification as required by §
62-32-304
shall be ineligible to apply for the certification until six (6) months after the violation has occurred.
(c)
In addition to revocation or suspension of a certification or license under §
62-32-319
, a civil penalty of no more than five thousand dollars ($5,000) may be assessed by the commissioner against any person who violates any provision of this part or any rule of the commissioner adopted pursuant to this part. In determining the amount of any penalty, the commissioner shall consider the degree and extent of harm caused by the violation.
(d)
A violation of this part or any rule lawfully promulgated under this part is a Class B misdemeanor subject to fine only.
Amended by 2021 Tenn. Acts, ch. 294, s 33, eff. 7/1/2021.
Acts 1991, ch. 400, § 20; 2000, ch. 641, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 32 - FIRE PROTECTION AND ALARM SYSTEMS (§§ 62-32-101 — 62-32-325) › Part 3 - ALARM CONTRACTORS LICENSING ACT OF 1991 (§§ 62-32-301 — 62-32-325) › Section 62-32-322 - Cancellation of contract for alarm system services

An owner of residential property, that serves as the owner's primary residence, may cancel a contract between the owner and an alarm systems contractor for the provision of alarm system services when the term of the contract is for a period longer than two (2) years by giving thirty-days' written notice to the alarm systems contractor after the initial two (2) years in the term if:
(1)
The owner is required to sell the residential property due to medical reasons; and
(2)
The owner provides the alarm systems contractor with a letter from the owner's treating physician verifying the medical reasons.
Added by 2017 Tenn. Acts, ch. 209,s 1, eff. 1/1/2018.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 32 - FIRE PROTECTION AND ALARM SYSTEMS (§§ 62-32-101 — 62-32-325) › Part 3 - ALARM CONTRACTORS LICENSING ACT OF 1991 (§§ 62-32-301 — 62-32-325) › Section 62-32-323 - [Repealed]

Repealed by 2021 Tenn. Acts, ch. 294, s 31, eff. 7/1/2021.
Acts 1991, ch. 400, § 23.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 32 - FIRE PROTECTION AND ALARM SYSTEMS (§§ 62-32-101 — 62-32-325) › Part 3 - ALARM CONTRACTORS LICENSING ACT OF 1991 (§§ 62-32-301 — 62-32-325) › Section 62-32-324 - Alarm verification

(a)
All persons licensed to monitor alarms in this state shall employ alarm verification for all burglar alarm signals except for hold-up alarms.
(b)
Notwithstanding §
62-32-303
or any other law to the contrary, no monitoring company or its representative shall be required to perform an alarm verification prior to requesting law enforcement to be dispatched to a pharmacy.
Acts 2007 , ch. 160, § 2; 2011 , ch. 52, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 32 - FIRE PROTECTION AND ALARM SYSTEMS (§§ 62-32-101 — 62-32-325) › Part 3 - ALARM CONTRACTORS LICENSING ACT OF 1991 (§§ 62-32-301 — 62-32-325) › Section 62-32-325 - Automatic renewal clauses - Cancellation during automatic renewal period

(a)
A contract having an automatic renewal clause between an alarm systems contractor and any homeowner or renter for the provision of alarm services may automatically be renewed for a period not to exceed one (1) year at a time. Any waiver of the renewal limitation period included in the contract shall be void as contrary to public policy.
(b)
At any time during an automatic renewal period provided by contract in accordance with subsection (a), a party to the contract who is being relocated to a hospital, nursing home or assisted living facility may cancel the contract by giving thirty (30) days' written notice to the alarms system contractor.
Acts 2009, ch. 565, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 35 - PRIVATE PROTECTIVE SERVICES LICENSING AND REGULATORY ACT (§§ 62-35-101 — 62-35-143) › Section 62-35-101 - Short title

This chapter shall be known and may be cited as the "Private Protective Services Licensing and Regulatory Act."
Amended by 2020 Tenn. Acts, ch. 580,s 10, eff. 7/1/2020.
Acts 1987, ch. 436, § 1.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 35 - PRIVATE PROTECTIVE SERVICES LICENSING AND REGULATORY ACT (§§ 62-35-101 — 62-35-143) › Section 62-35-104 - License required to act as contract security company

Except as otherwise provided in this chapter, it is unlawful for any person to act as a contract security company without having first obtained a license from the commissioner.
Acts 1987, ch. 436, § 4.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 35 - PRIVATE PROTECTIVE SERVICES LICENSING AND REGULATORY ACT (§§ 62-35-101 — 62-35-143) › Section 62-35-106 - Qualifications of applicants

Each individual applicant or, if the applicant is a partnership, each partner or, if the applicant is a corporation, the qualifying agent, must:
(1)
Be at least twenty-one (21) years of age;
(2)
Be a citizen of the United States or a resident alien;
(3)
Not have been declared by any court of competent jurisdiction incompetent by reason of mental defect or disease unless a court of competent jurisdiction has since declared the applicant competent;
(4)
Not be suffering from habitual drunkenness or narcotics addiction or dependence;
(5)
Be of good moral character; and
(6)
(A)
Possess at least three (3) years of experience as a manager, supervisor or administrator with a contract security company or proprietary security organization;
(B)
Possess at least three (3) years of experience satisfactory to the commissioner with any federal, United States military, state, county or municipal law enforcement agency; or
(C)
Pass an examination to be administered at least twice annually by the commissioner, designed to measure knowledge and competence in the contract security company business.
Acts 1987, ch. 436, § 6.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 35 - PRIVATE PROTECTIVE SERVICES LICENSING AND REGULATORY ACT (§§ 62-35-101 — 62-35-143) › Section 62-35-107 - Action upon applications - Investigations - Approval or denial of licenses

(a)
Upon receipt of an application for a license, the commissioner shall:
(1)
Conduct an investigation to determine whether the statements made in the application are true;
(2)
Compare or request that the Tennessee bureau of investigation compare the fingerprints submitted with the application to fingerprints filed with the bureau; and
(3)
Submit the fingerprints to the federal bureau of investigation for a search of its files to determine whether the individual fingerprinted has any recorded convictions.
(b)
The commissioner shall issue a license in a form which the commissioner shall prescribe to qualified applicants upon receipt of a nonrefundable, nonproratable fee in accordance with the schedule promulgated by the commissioner.
(c)
If an application for a license is denied, the commissioner shall notify the applicant in writing and shall set forth the grounds for denial. If the grounds are subject to correction by the applicant, the notice of denial shall so state and specify a reasonable period of time within which the applicant must make the required correction.
(d)
An application shall be accompanied by a notarized statement sworn to by the applicant as to the number of employees in service. Making a false statement shall be punishable by a civil penalty not to exceed one thousand dollars ($1,000) and assessment of the maximum application fee.
Acts 1987, ch. 436, § 7; 1988, ch. 717, §§ 1, 3; 1989, ch. 523, §187; 1990, ch. 1026, § 25.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 35 - PRIVATE PROTECTIVE SERVICES LICENSING AND REGULATORY ACT (§§ 62-35-101 — 62-35-143) › Section 62-35-108 - Posting of license

Every license issued under this chapter shall be posted conspicuously in the licensee's principal place of business in this state.
Acts 1987, ch. 436, § 8.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 35 - PRIVATE PROTECTIVE SERVICES LICENSING AND REGULATORY ACT (§§ 62-35-101 — 62-35-143) › Section 62-35-109 - License not transferable or assignable

No contract security company license shall be transferable or assignable.
Acts 1987, ch. 436, § 9.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 35 - PRIVATE PROTECTIVE SERVICES LICENSING AND REGULATORY ACT (§§ 62-35-101 — 62-35-143) › Section 62-35-110 - Renewal of license

(a)
A contract security company license or renewal of the license shall be valid for a period of two (2) years from the date of issuance. The commissioner shall provide each licensee with a renewal application form sixty (60) days prior to the expiration of the license.
(b)
The fee for timely renewal of a license shall be in accordance with the schedule promulgated by the commissioner. A penalty fee as prescribed by the commissioner will be assessed on any renewal application postmarked after the expiration date of the license.
(c)
Licenses may be renewed up to three (3) months after their expiration by the payment of the renewal fee plus a penalty established by the commissioner for each month or portion of a month that elapses before payment is tendered.
(d)
A renewal application shall be accompanied by a notarized statement sworn to by the applicant as to the number of employees in service. Making a false statement shall be punishable by a civil penalty of two hundred fifty dollars ($250) and assessment of the maximum renewal fee.
Acts 1987, ch. 436, § 10; 1988, ch. 717, §§ 2, 4; 1989, ch. 523, § 188; 1996, ch. 1009, § 26.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 35 - PRIVATE PROTECTIVE SERVICES LICENSING AND REGULATORY ACT (§§ 62-35-101 — 62-35-143) › Section 62-35-111 - Qualifying agent ceasing to perform duties

(a)
If the qualifying agent of a licensee ceases to perform the qualifying agent's duties on a regular basis, the licensee shall:
(1)
Within thirty (30) days, notify the commissioner by certified or registered mail; and
(2)
Within three (3) months, obtain a substitute qualifying agent.
(b)
The commissioner may, in the commissioner's discretion, extend the period for obtaining a substitute qualifying agent for a reasonable time.
Acts 1987, ch. 436, § 11.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 35 - PRIVATE PROTECTIVE SERVICES LICENSING AND REGULATORY ACT (§§ 62-35-101 — 62-35-143) › Section 62-35-112 - Licensee to notify commissioner of certain changes in status

A licensee shall notify the commissioner in writing within thirty (30) days of:
(1)
Any change in the qualifying agent or principal corporate officers identified in its application for license;
(2)
Any material change in the information previously furnished or required to be furnished to the commissioner; or
(3)
Any occurrence that could reasonably be expected to affect the licensee's right to a license under this chapter.
Acts 1987, ch. 436, § 12.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 35 - PRIVATE PROTECTIVE SERVICES LICENSING AND REGULATORY ACT (§§ 62-35-101 — 62-35-143) › Section 62-35-113 - Change in ownership - Application for license - Operation under old license

(a)
If the ownership of a contract security company changes, the new owner, if not already a licensee, may not operate that company more than thirty (30) days after the date of the change of ownership unless, within the thirty-day period, the new owner submits an application for a license. If the application is submitted, the new owner may continue to operate the company until the application has been finally determined by the commissioner.
(b)
For good cause, the commissioner may extend the period for submitting an application pursuant to subsection (a) for a reasonable time.
Acts 1987, ch. 436, § 13.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 35 - PRIVATE PROTECTIVE SERVICES LICENSING AND REGULATORY ACT (§§ 62-35-101 — 62-35-143) › Section 62-35-114 - Certificates of insurance - General liability coverage

All licensees and employers of private security guards/officers shall retain a certificate of insurance evidencing general liability coverage for the negligent act or acts of the principal insured or the principal insured's agents operating in the course and scope of employment for bodily injury, personal injury and property damage, with endorsements for personal injury, including false arrest, libel, slander and invasion of privacy, in the minimum amount of three hundred thousand dollars ($300,000) for bodily or personal injury and one hundred thousand dollars ($100,000) for property damage. The certificate shall be available for inspection during normal business hours on request of the commissioner or duly appointed and identified representative or representatives. The certificates shall provide that the insurance shall not be modified or cancelled without thirty (30) days' prior notice to the commissioner. All persons required to be insured by this chapter must be insured by a carrier approved in the state in which the insurance has been purchased or in this state.
Acts 1987, ch. 436, § 14; 1988, ch. 987, § 3.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 35 - PRIVATE PROTECTIVE SERVICES LICENSING AND REGULATORY ACT (§§ 62-35-101 — 62-35-143) › Section 62-35-115 - Registration cards - Guards, officers and agents

(a)
Except as otherwise provided in this chapter, it is unlawful for any individual to act as an armed or unarmed security guard/officer without having first obtained the appropriate registration card from the commissioner.
(b)
Any individual who holds a valid armed security guard/officer registration card may act as an armed or unarmed security guard/officer under that registration card.
(c)
Any individual who is employed exclusively as an undercover agent is not required to hold a registration card.
Acts 1987, ch. 436, § 15.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 35 - PRIVATE PROTECTIVE SERVICES LICENSING AND REGULATORY ACT (§§ 62-35-101 — 62-35-143) › Section 62-35-116 - Registration cards - Filing - Form - Fee - Contents - Change of registration status

(a)
An application for a registration card shall be filed with the commissioner on the prescribed form. The application shall be accompanied by nonrefundable and nonproratable fees for both armed and unarmed registrations. The commissioner shall establish the amounts of the fees in varying amounts for different types of registrations at reasonable levels. The applicant shall furnish the following information:
(1)
Name and current residence address;
(2)
Date and place of birth;
(3)
Social security number;
(4)
Telephone number, if any;
(5)
[Deleted by 2020 amendment.]
(6)
[Deleted by 2020 amendment.]
(7)
One (1) set of classifiable electronic fingerprints;
(8)
One (1) head-and-shoulder photograph taken within the last six (6) months;
(9)
A general physical description;
(10)
A list of all convictions and pending charges of commission of a felony or misdemeanor in any jurisdiction;
(11)
A list of all names used by the applicant other than the name by which the applicant is currently known, with a statement explaining where, when and why the names were used;
(12)
A statement whether the applicant has ever been issued or denied a registration card in any jurisdiction and whether the card, if issued, has ever been revoked or suspended;
(13)
Type of military discharge; and
(14)
Type of security guard/officer registration card, armed or unarmed, applied for. If the applicant seeks an armed registration card, the application shall also include a signed sworn statement that the applicant has had no convictions in any state for a felony.
(b)
Any applicant who has already submitted an application for registration or to whom a valid registration card has been issued may submit an application to change registration status from unarmed to armed or from armed to unarmed status. The commissioner may establish the amounts of the fees at levels lower than those required for an initial application for registration.
Amended by 2020 Tenn. Acts, ch. 580, Secs.s4, s5 eff. 7/1/2020.
Amended by 2020 Tenn. Acts, ch. 580, s 3, eff. 7/1/2020.
Acts 1987, ch. 436, § 16; 1988, ch. 987, § 4; 1990, ch. 1026, §5; 1991, ch. 425, §§ 1, 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 35 - PRIVATE PROTECTIVE SERVICES LICENSING AND REGULATORY ACT (§§ 62-35-101 — 62-35-143) › Section 62-35-117 - Registration cards - Qualifications of applicants

Each applicant for a registration card must:
(1)
Be at least twenty-one (21) years of age if applying for an armed registration card or at least eighteen (18) years of age if applying for unarmed registration;
(2)
Be a citizen of the United States or resident alien;
(3)
Not have been declared by any court of competent jurisdiction incompetent by reason of mental defect or disease unless a court of competent jurisdiction has since declared the applicant competent;
(4)
If convicted in any jurisdiction of any of the crimes listed in this subdivision (4), have completed serving sentence or court ordered probation at least five (5) years prior to application. Conviction of the following crimes shall disqualify an applicant, subject to the conditions stated in this section:
(A)
Any felony; or
(B)
Any misdemeanor involving:
(i)
Shooting a firearm or other weapon;
(ii)
Shoplifting;
(iii)
Assault and battery or other act of violence against persons or property;
(iv)
Crimes involving the sale, manufacture or distribution of controlled substances, controlled substance analogues, drugs or narcotics;
(v)
Theft of property; or
(vi)
Theft of services;
(5)
Not be suffering from habitual drunkenness or narcotics addiction or dependence;
(6)
Not have any disability that, in the opinion of the commissioner, prevents the applicant from performing the duties of a security guard/officer; and
(7)
Be of good moral character.
Acts 1987, ch. 436, § 17; 1988, ch. 987, § 16; 1993, ch. 200, §2; 2012 , ch. 848, § 64.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 35 - PRIVATE PROTECTIVE SERVICES LICENSING AND REGULATORY ACT (§§ 62-35-101 — 62-35-143) › Section 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, 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, one (1) set of classifiable electronic fingerprints, one (1) head-and-shoulder photograph 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.
(c)
(1)
The commissioner shall issue to a qualified applicant a registration card for armed security guard/officer or unarmed security guard/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)
[Deleted by 2020 amendment.]
Amended by 2020 Tenn. Acts, ch. 580, Secs.s7, s8, s14 eff. 7/1/2020.
Amended by 2020 Tenn. Acts, ch. 580, s 6, eff. 7/1/2020.
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.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 35 - PRIVATE PROTECTIVE SERVICES LICENSING AND REGULATORY ACT (§§ 62-35-101 — 62-35-143) › Section 62-35-120 - Registration cards - Possession and exhibition - Notice of arrest and conviction

(a)
The application or registration card shall be exhibited upon request of the commissioner, the commissioner's designee, a full-time law enforcement officer or an employer to verify that the security guard/officer is working pursuant to the requirements of this chapter.
(b)
A security guard/officer shall provide written notice to the commissioner or the commissioner's designee and to the licensee or the proprietary security organization that employs the security guard/officer of any arrest and resulting conviction, except for minor traffic violations, within thirty (30) days of the arrest or conviction.
Acts 1987, ch. 436, § 20; 1996, ch. 1009, §§ 1, 10; 2006, ch. 1013, § 4.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 35 - PRIVATE PROTECTIVE SERVICES LICENSING AND REGULATORY ACT (§§ 62-35-101 — 62-35-143) › Section 62-35-121 - Registration cards - Not transferable or assignable

No registration card shall be transferable or assignable.
Acts 1987, ch. 436, § 21.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 35 - PRIVATE PROTECTIVE SERVICES LICENSING AND REGULATORY ACT (§§ 62-35-101 — 62-35-143) › Section 62-35-122 - Registration cards - Expiration - Renewal - Refresher training

(a)
All registration cards or renewals of registration cards shall expire two (2) years from date of issuance.
(b)
The commissioner shall establish the fees in reasonable amounts for the timely renewal of armed or unarmed registration cards.
(c)
Registrations may be renewed up to three (3) months after their expiration by payment of the renewal fee plus a penalty established by the commissioner for each month or portion of a month that elapses before payment is tendered.
(d)
Every armed security guard/officer shall as a prerequisite for the renewal of the person's registration card:
(1)
Complete four (4) hours of refresher training administered by a certified trainer in the subjects listed in §
62-35-118(b)(1)
; and
(2)
Requalify in the use of a firearm by achieving a minimum of seventy percent (70%) on any silhouette target course approved by the commissioner.
(e)
An unarmed security guard/officer shall as a prerequisite for renewal of the person's registration card complete two (2) hours of refresher training administered by a certified trainer in the subjects listed in §
62-35-118(a)(2)(A)
.
(f)
An unarmed security guard/officer, or an armed security guard/officer, who is employed by a proprietary security organization that holds a license or permit for on-premises consumption from the alcoholic beverage commission or a beer board, or is employed by a contract security company for the purposes of performing security guard and patrol services at a commercial establishment that holds a license or permit for on-premises consumption from the alcoholic beverage commission or a beer board, shall complete refresher training on the subjects listed in §
62-35-118(a)(2)(B)(i) and (ii)
as a prerequisite for renewal of the person's registration card.
(g)
An armed security guard or officer providing security or patrol services at or in a public school, public charter school, private school, or church-related school must complete an active shooter refresher training approved by the commissioner before the individual's registration card may be renewed.
Amended by 2023 Tenn. Acts, ch. 367, s 23, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 1121, s 4, eff. 1/1/2023.
Acts 1987, ch. 436, § 22; 1988, ch. 987, § 9; 1990, ch. 1026, § 7; 1991, ch. 425, § 4; 1996, ch. 1009, § 11.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 35 - PRIVATE PROTECTIVE SERVICES LICENSING AND REGULATORY ACT (§§ 62-35-101 — 62-35-143) › Section 62-35-123 - Notice to commissioner prior to acting as proprietary security organization - Restrictions on carrying weapon - Proprietary security organization that has license or permit for on-premises consumption

(a)
It is unlawful for a person to act as a proprietary security organization without first having notified the commissioner in writing. Except as provided in subsection (d), the notice must include:
(1)
The full name and business address of the proprietary security organization;
(2)
The full name and the business and residence addresses of the qualifying manager; and
(3)
Other information that the commissioner may reasonably require.
(b)
[Deleted by 2023 amendment.]
(c)
Notwithstanding subsection (a), a hospital that employs only unarmed security guards/officers may voluntarily elect to submit to the requirements for a proprietary security organization under this chapter and evidence the election by filing with the commissioner the notice required in subsection (a). The hospital may revoke the notice at any time upon appropriate notice of revocation to the commissioner.
(d)
A proprietary security organization that has a license or permit for on-premises consumption from the alcoholic beverage commission or a beer board shall:
(1)
Include with the initial notice to the commissioner in subsection (a):
(A)
Documentation of insurance coverage compliant with §
62-35-114
;
(B)
One (1) set of classifiable electronic fingerprints of the qualifying manager; and
(C)
A registration fee of one hundred dollars ($100);
(2)
Submit a biennial fee of one hundred dollars ($100) to the commissioner to maintain the organization's status as a proprietary security organization; and
(3)
Provide the commissioner with the full name, the business and residence addresses, and one (1) set of classifiable electronic fingerprints of the new qualifying manager within fifteen (15) days of a change in the qualifying manager if a proprietary security organization's qualifying manager changes. A proprietary security organization in violation of this subdivision (d)(3) is subject to a civil penalty pursuant to §
56-1-308
.
(e)
Upon receipt of a notice to act as a proprietary security organization from a person that has a license or permit for on-premises consumption from the alcoholic beverage commission or a beer board, the commissioner shall:
(1)
Conduct an investigation to determine whether the statements made in the initial notice are true;
(2)
Compare or request that the Tennessee bureau of investigation compare the fingerprints submitted with the notice to fingerprints filed with the bureau; and
(3)
Submit the fingerprints to the federal bureau of investigation for a search of its files to determine whether the individual fingerprinted has recorded convictions.
Amended by 2023 Tenn. Acts, ch. 357, s 1, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 1121, s 5, eff. 1/1/2023.
Acts 1987, ch. 436, § 23; 1988, ch. 987, § 10.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 35 - PRIVATE PROTECTIVE SERVICES LICENSING AND REGULATORY ACT (§§ 62-35-101 — 62-35-143) › Section 62-35-124 - Registration cards - Notice concerning eligibility to hold

(a)
A licensee or proprietary security organization shall immediately notify the commissioner upon receipt of any information relating to a registrant's continuing eligibility to hold a registration card under this chapter.
(b)
A licensee or proprietary security organization shall provide written notice to the commissioner or the commissioner's designee of any arrest or conviction, or both, except for minor traffic violations, within thirty (30) days of being notified or learning of the arrest or conviction, or both, of:
(1)
The licensee or its qualifying agent; or
(2)
Any person employed as a security guard/officer by the licensee or the proprietary security organization.
Acts 1987, ch. 436, § 24; 1996, ch. 1009, § 2.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 35 - PRIVATE PROTECTIVE SERVICES LICENSING AND REGULATORY ACT (§§ 62-35-101 — 62-35-143) › Section 62-35-125 - Carrying of weapons by security guards/officers

An armed security guard/officer may carry only the types of firearms that the commissioner prescribes, by rules and regulations, in the performance of the person's duties. A security guard/officer may carry a firearm only if certified to carry the firearm. With proper certification, an unarmed or armed security guard/officer may carry any other type weapon, including, but not be limited to, clubs or batons, stun guns, the chemical spray known as mace or any other tool or weapon that the commissioner may prescribe.
Acts 1987, ch. 436, § 25; 1988, ch. 987, § 11; 1996, ch. 1009, §12; 1997 , ch. 369, § 4.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 35 - PRIVATE PROTECTIVE SERVICES LICENSING AND REGULATORY ACT (§§ 62-35-101 — 62-35-143) › Section 62-35-126 - Certified trainers - Instructors

(a)
An individual is eligible to become a certified trainer only if the individual:
(1)
Is at least twenty-one (21) years of age;
(2)
Has at least one (1) year of supervisory experience satisfactory to the commissioner with a contract security company or proprietary security organization or with any federal, United States military, state, county or municipal law enforcement agency; and
(3)
Is personally qualified to conduct the training required by this chapter.
(b)
A certified trainer may, in the trainer's discretion, instruct personally or use a combination of personal instruction, audio or visual training aids.
(c)
To assist in the implementation of the training program, the certified trainer may appoint as an instructor any individual who:
(1)
Is at least twenty-one (21) years of age; and
(2)
Has at least one (1) year of experience with any federal, United States military, state, county or municipal law enforcement agency or with a contract security company or proprietary security organization.
(d)
A certified trainer may be an employee of a contract security company or proprietary security organization.
(e)
The certified trainer shall certify to the successful completion of training required by this chapter and shall submit the certification to the commissioner prior to issuance of a registration card or renewal of the registration card, in the case of armed security guards/officers.
(f)
All certifications shall expire the last day of the twenty-fourth month from issuance or renewal. The commissioner shall establish reasonable fees for the timely renewal of certifications.
(g)
Certifications may be renewed up to three (3) months after their expiration by payment of the renewal fee, plus a penalty established by the commissioner for each month or portion of a month that elapses before payment is tendered.
Acts 1987, ch. 436, § 26; 1988, ch. 987, § 12; 1990, ch. 1026, §8; 1996, ch. 1009, §27; 2008 , ch. 1038, § 17.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 35 - PRIVATE PROTECTIVE SERVICES LICENSING AND REGULATORY ACT (§§ 62-35-101 — 62-35-143) › Section 62-35-127 - Prohibited law enforcement representations on badges, insignias, vehicles or equipment

While performing any function of a security guard and patrol service, no person shall:
(1)
Wear or display any badge, insignia, shield, patch or pattern that:
(A)
Indicates or tends to indicate that the person is a sworn peace officer;
(B)
Contains or includes the word "police" or the equivalent of the word "police;" or
(C)
Is similar in wording to any law enforcement agency in this state; or
(2)
Have or utilize any vehicle or equipment that:
(A)
Displays the words "police," "law enforcement officer," or the equivalent of those words; or
(B)
Has any sign, shield, accessory or insignia that may indicate that the vehicle or equipment belongs to a public law enforcement agency.
Acts 1987, ch. 436, § 27.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 35 - PRIVATE PROTECTIVE SERVICES LICENSING AND REGULATORY ACT (§§ 62-35-101 — 62-35-143) › Section 62-35-128 - Restrictions regarding military or police-style uniforms

No security guard/officer shall wear any military or police-style uniform, except for rainwear or other foul-weather clothing, unless the uniform has:
(1)
Affixed over the left breast pocket on the outermost garment and on any cap a badge or insignia distinct in design from that utilized by any law enforcement agency in this state, unless the licensed security guard/officer is in plain clothes; and
(2)
Affixed over the right breast pocket on the outermost garment a name plate or tape with the name of the security guard/officer on it, unless the licensed security guard/officer is in plain clothes.
Amended by 2020 Tenn. Acts, ch. 580, s 15, eff. 7/1/2020.
Acts 1987, ch. 436, § 28; 1996, ch. 1009, § 13.
2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 35 - PRIVATE PROTECTIVE SERVICES LICENSING AND REGULATORY ACT (§§ 62-35-101 — 62-35-143) › Section 62-35-129 - Administration and enforcement of chapter - Rules and regulations

(a)
The commissioner shall be responsible for administering and enforcing this chapter.
(b)
The commissioner may promulgate rules that are reasonably necessary to effectuate the purposes of this chapter. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(c)
The commissioner may seek relief at law or equity to restrain or enjoin any act or practice in violation of this chapter or of any rule promulgated under this chapter. Jurisdiction is conferred upon the chancery and circuit courts of this state to hear and determine such a suit. No bond shall be required for the prosecution of the suit or for the issuance of an injunction.
(d)
The commissioner or the commissioner's designee may at all reasonable hours conduct inspections/investigations of contract security companies, proprietary security organizations and security guards/officers to ensure compliance with this chapter.
Amended by 2020 Tenn. Acts, ch. 580, s 16, eff. 7/1/2020.
Acts 1987, ch. 436, § 29; 1988, ch. 987, § 13; 1996, ch. 1009, §25; 2011 , ch. 3, § 2.