Section 0090-01-.07 - ALARM SYSTEMS CONTRACTOR REQUIREMENTS(1) Any person desiring to be certified as an alarm systems contractor shall make written application to the Commissioner on such forms as are prescribed by the Commissioner. The application shall be accompanied by an application fee as set by the Commissioner. An applicant shall meet the requirements of T.C.A. § 62-32-314 to the satisfaction of the Commissioner.(2) Effective July 1, 1994, classification of alarm systems contractors are as follows: (b) Burglar alarm system;(d) Closed Circuit Television.(3) The applicant for an alarm systems contractor shall apply for each classification in which it will be engaging in alarm systems contracting activity.(4) An applicant for an alarm systems contractor certification 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.(5) An alarm systems contractor shall submit an application for the renewal of registrants employed by the contractor in accordance with Rule 0090-01-.05 Employee Registration Requirements.(6) The certification of an alarm systems contractor can be suspended, revoked, or civil penalties can be assessed for any violation of these rules or T.C.A., Title 62, Chapter 32, Part 3.(7) An alarm systems contractor must have a designated qualifying agent who shall be responsible for the contractor's compliance with state law.(8) The contractor and the designated qualifying agent must file a termination/transfer form with the Commissioner within ten (10) days if the designated qualifying agent leaves the employment of the contractor or becomes a non-designated qualifying agent still in the employment of the contractor. The business entity must obtain a substitute designated qualifying agent within thirty (30) days after the prior designated qualifying agent ceases to serve as such, unless the Commissioner in his or her discretion extends this period for good cause for a period not to exceed three (3) months.(9) The contractor and the designated qualifying agent must file a termination/transfer form with the Commissioner within ten (10) days if a qualifying agent leaves the employment of the contractor or becomes a designated qualifying agent within the employment of the contractor.(10) The contractor or the designated qualifying agent must notify the Commissioner within thirty (30) days of any known arrest, conviction, or any arrest or conviction of which the contractor or designated qualifying agent should have known, of any designated qualifying agent, qualifying agent, or registered employee under its supervision by any state, federal, or military court of any crime (except minor traffic violations). For purposes of these rules, "conviction" means and includes the entry of a plea of guilty, plea of no contest, or a verdict rendered in open court by a judge or jury.(11) Upon application for certification and renewal, the contractor or the designated qualifying agent must file with the Commissioner a roster of all employees who are licensed or registered.(12) The requirements of T.C.A. § 62-32-316(d) shall apply to all forms of advertising including, but not limited to, print, radio, television, or internet advertising. The term "display" shall include verbal or audio broadcast of the certification number. Signs or letters attached to or in front of a building in which the alarm contractor's place of business is located need not contain the contractor's certification number if intended solely to notify the public of the location of the alarm systems contractor. If such sign contains any other wording regarding specific services and/or specials offered with regard to alarm systems, the sign will be deemed to be an advertisement and must contain the contractor's certification number.(13) "Regular place of business at a permanent fixed location," as used in T.C.A. § 62-32-314(a)(1), refers to the permanent physical location of the alarm systems contractor. The alarm systems contractor must provide the address of its physical location to the Commissioner upon initial application and within thirty (30) days of a change of business address. Post office boxes and mail drops do not satisfy this requirement.(14) An alarm systems contractor shall respond in writing within twenty (20) business days to any complaint filed against the contractor. Failure by an alarm systems contractor to respond to such complaint shall be grounds for discipline, including but not limited to, a civil penalty of up to five thousand dollars ($5,000.00) and/or suspension or revocation of licensure in accordance with T.C.A. § 62-32-320.Tenn. Comp. R. & Regs. 0090-01-.07
Original rule filed January 14, 1993; effective February 28, 1993. Amendment filed October 17, 1994; effective December 30, 1994. Amendment filed May 24, 1996; effective August 4, 1996. Amendment filed May 11, 1998; effective July 25, 1998. Amendment filed March 30, 2012; effective June 28, 2012. Amendments and new rules filed February 26, 2016; effective May 26, 2016. Amendments filed March 22, 2023; effective 6/20/2023.Authority: T.C.A. §§ 62-32-307, 62-32-314, 62-32-316, and 62-32-320.