Section 1175-01-.03 - FINGER PRINTING(1) An applicant required to submit fingerprints with his or her application for the purpose of allowing the Commissioner to forward the fingerprints to the Tennessee Bureau of Investigation (TBI) and Federal Bureau of Investigation (FBI) as required by T.C.A. §§ 62-26-205 and 62-26-208 shall make 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. The Commissioner shall notify every applicant in writing of the name, address, and telephone number of any company contracted by the State to provide such a service. All private investigator and investigations company applicants shall comply with the following requirements regarding payment for the fingerprinting service: (a) The Commissioner may authorize the submission of three (3) sets of classifiable physical fingerprint cards in lieu of electronic fingerprints, as required above, at the expense of the applicant and rolled by a qualified person acceptable to the Commissioner, for good cause.(b) All sets of classifiable fingerprints required by this rule shall be furnished at the expense of the applicant.(c) In the event the State no longer contracts with any company to provide an electronic fingerprinting service, then the applicant shall submit three (3) classifiable TBI and FBI fingerprint cards with his or her application and shall pay the Commissioner all processing fees established by the TBI and FBI.(d) Applicants shall in all cases be responsible for paying application fees as established by the Commissioner regardless of the manner of fingerprinting the applicant used.(2) In the event that an applicant furnishes unclassifiable fingerprints or fingerprints that are unclassifiable in nature to the Commissioner, or the Tennessee Bureau of Investigation (TBI) or Federal Bureau of Investigation (FBI), the Commissioner may refuse to issue the requested license. For the purposes of this rule, "unclassifiable fingerprints" means that the electronic scan or the print of the person's fingerprints cannot be read, and therefore cannot be used to identify the person. Should an applicant's fingerprints be rejected by the TBI or FBI, the applicant shall pay any fees assessed by the TBI or FBI for resubmission.(3) In the event that the fingerprint card submitted by an applicant is rejected or otherwise unable to be processed by the Tennessee Bureau of Investigation (TBI) and/or the Federal Bureau of Investigation (FBI), the applicant shall submit a new fingerprint card together with any additional fee(s) charged by the TBI and/or FBI for processing the new fingerprint card.Tenn. Comp. R. & Regs. 1175-01-.03
Original rule filed August 24, 1992; effective October 8, 1992. Amendment filed June 9, 2003; effective August 23, 2003. Amendment filed September 19, 2003; effective December 3, 2003. Amendment filed September 12, 2006; effective November 26, 2006. Amendments filed February 8, 2012; effective May 8, 2012. Amendment filed November 4, 2015; effective February 2, 2016. Amendments filed March 22, 2023; effective 6/20/2023.Authority: T.C.A. §§ 62-26-205, 62-26-208, 62-35-129, and 62-35-143.