Section 0090-01-.05 - EMPLOYEE REGISTRATION REQUIREMENTS(1) All persons seeking registration with the Commissioner must comply with the requirements set out in T.C.A. §§ 62-32-307 and 62-32-312.(2) An employee registration applicant shall be deemed to have supplied the required sets of fingerprints if that applicant causes a private company contracted by the State to electronically transmit that applicant's classifiable prints directly to the Tennessee Bureau of Investigation (TBI) and Federal Bureau of Investigation (FBI) to forward an electronic report based on that applicant's fingerprints to the Commissioner. The employee registrant applicant or the alarm contractor employer on behalf of the applicant shall make the arrangements for the processing of his or her fingerprints with the company contracted by the State to provide electronic fingerprinting services directly and shall be responsible for the payment of any fees associated with processing of fingerprints to the respective agent authorized by the TBI and FBI. (a) Provided, however, that the Commissioner may authorize the submission of three (3) sets of classifiable physical fingerprint cards, at the expense of the applicant and rolled by a qualified person acceptable to the Commissioner, for good cause.(3) All persons employed by an alarm systems contractor and required to be registered shall apply for registration with the Commissioner on such forms as prescribed by the Commissioner within thirty (30) days after employment, pay the applicable fees, and submit to a background check conducted by the Commissioner, including investigation by the Tennessee Bureau of Investigation and the Federal Bureau of Investigation.(4) The Commissioner may deny, suspend, or revoke any registration issued, or to be issued under this part, to any applicant or registrant who fails to satisfy the requirements of T.C.A. §§ 62-32-301 et seq. or the rules of the Commissioner.(5) A registered employee may not be employed by a certified company other than the company the employee originally registered with unless the employee and the qualifying agency submit a completed transfer form to the Commissioner.(6) An employee's registration may be suspended or revoked, or civil penalties may be assessed, if the employee violates any rule of the Commissioner or any provision of T.C.A., Title 62, Chapter 32, Part 3.(7) If an active registered employee leaves the employment of a contractor the employee's registration will be placed in an "invalid" status until such time as the alarm employee registration is transferred to a certified alarm contractor or until the registration expires.(8) An applicant for registration shall respond promptly to all requests by the Commissioner for further information. Failure to provide requested information within thirty (30) days of a request from the Commissioner shall be a basis for the denial of an application.(9) Renewal (a) A registration shall expire on the last day of the twenty-fourth (24th) month following its issuance or renewal and shall become invalid on such date unless renewed. A new application for employee registration, including a new application fee, as established by Rule 0090-01-.09 Fees, shall be required to be submitted if such renewal application is not timely submitted to the Commissioner by the date of the employee registrant's expiration date.(b) An alarm systems contractor shall apply to the Commissioner for the renewal of the registration of each registrant employed by the contractor by submitting the required renewal application, including the requisite renewal fee as established by Rule 0090-01-.09 and two (2) frontal, color photographs for each renewal registration.(c) Upon initial implementation of this part, all registered employee registration expiration dates will be set to coincide with the alarm systems contractor with whom they are affiliated as of the effective date of these rules. All registered employee renewals thereafter will be the last day of the twenty-fourth (24th) month following the issuance or renewal thereof per Rule 0090-01-.05(9)(a).(d) An alarm employee registrant who has not met the requirements for renewal of registration by the expiration date of the registration shall cease acting as an alarm employee for any firm until all requirements for registration renewal, including the payment of any fees for late renewal, have been met.(e) No alarm employee registrant shall receive a renewal when such registration has been in default for failure to comply with T.C.A. §§ 62-32-301 et seq. for a period of three (3) months. In such an event, the alarm employee, in order to qualify under the law, shall make new application and meet all current requirements to obtain a new registration.(10) A registration applicant is not eligible to transfer to another alarm systems contractor while still under application. An applicant who does not complete the application process to become a registrant prior to changing employment to another alarm systems contractor shall be required to reapply and shall submit a new application under the new alarm systems contractor, along with the appropriate application fees, classifiable fingerprints, and photos.(11) An active registrant who voluntarily changes employment to another alarm systems contracting company must submit a completed transfer form, two (2) photos, and the required fifty dollar ($50.00) transfer fee.(12) Any registrant who works for more than one alarm systems contractor must complete a separate application for each employer, with all required documentation and fees. A separate identification badge will be issued under each company employer.(13) Operators and/or dispatchers who monitor any type of alarm system must be licensed or registered with the Commissioner, as they are deemed to have access to sensitive information pursuant to T.C.A. § 62-32-312(a).(14) An employee of an alarm systems contractor which is required to be registered under this Act is not permitted to engage in alarm systems contracting unless such employee's application has been received by the Commissioner within thirty (30) working days of employment. "Working days" shall be defined as Monday through Friday and shall include any holidays which may fall on those days, except where the thirtieth day falls on a state or federal holiday, in which case the contractor shall have until 4:30 p.m. central time on the next day during which the State of Tennessee offices are open for business to file an application.Tenn. Comp. R. & Regs. 0090-01-.05
Original rule filed January 14, 1993; effective February 28, 1993. Amendment filed May 24, 1996; effective August 4, 1996. Amendment filed May 11, 1998; effective July 25, 1998. Amendment filed October 6, 2004; effective December 20, 2004. Amendment filed March 30, 2012; effective June 28, 2012. Amendments and new rules filed February 26, 2016; effective May 26, 2016. Amendments filed June 7, 2016; effective September 5, 2016. Amendments filed March 22, 2023; effective 6/20/2023.Authority: T.C.A. §§ 62-32-307, 62-32-312, 62-32-317, 62-32-318, and 62-32-320.