Section 1175-01-.04 - APPLICANTS FOR LICENSES(1) Any applicant who seeks to qualify for a private investigator license must apply directly to the independent testing organization selected by the Commissioner to prepare and grade such examination. Payment of any examination (or re-examination) fee shall be the responsibility of the applicant. The independent testing organization will notify each examinee of the results of the examination.(2) A company license or written notice of company affiliation or operation as a sole proprietor must be on file with the Commissioner prior to the issuance of a personal private investigator license or license renewal.(3) Applications for private investigator or private investigations company licensing must be on file with the Commissioner prior to scheduling examination(s).(4) Upon termination of apprenticeship, applicant may not seek apprenticeship again.(5) An applicant denied for material misstatement is not eligible to reapply for licensure for a period of six (6) months from the date of denial. Appeals must be submitted to the Commissioner in writing within thirty (30) days from the denial. All documentary dispositions and required court documents must be provided prior to a scheduled appeal hearing before the Commissioner.(6) Disposition of the following crimes or actions taken by an authority having jurisdiction may disqualify an applicant, subject to the discretion of the Commissioner: (a) Conviction by any local, state, federal, or military court of any crime involving the illegal sale, manufacture, distribution, or transportation of a controlled substance, drug, or narcotic;(b) Conviction of any felony;(c) Conviction of a crime involving unlawful breaking and entering, burglary, larceny, or arson;(d) Conviction as a habitual criminal;(e) Conviction of a misdemeanor crime of domestic violence as defined in 18 U.S.C.A. § 921(a)(33);(f) Any misdemeanor conviction involving: 1. Shooting a firearm or other weapon;3. Assault and battery or other act of violence against persons or property.(7) An applicant may be disqualified for licensure if the applicant is addicted to alcohol or drugs to the extent that it interferes with the applicant's ability or capacity to perform his or her professional duties or responsibilities as a private investigator. This prohibition includes any person who is a current user of a controlled substance. The Commissioner may draw an inference of current use from recent use or possession of a controlled substance, e.g., positive drug test upon arrest or during probation within the past year; a conviction for use or possession of a controlled substance within the past year; or multiple arrests for such offenses within the past five (5) years if the most recent arrest occurred within the past year.(8) An applicant may be disqualified for licensure for having been discharged from the armed forces under conditions less than honorable.(9) An applicant may be disqualified for licensure for being subjected to a court order restraining the applicant from committing an act of domestic violence. The order must have been issued after a hearing during which the person restrained received actual notice of the hearing and had an opportunity to participate in any proceedings. The restrained individual need have only an opportunity to participate in any proceedings; consequently, failure to appear at the proceeding or consent to the entry of the order without a hearing does not affect this prohibition. Consent orders and orders entered by a court of competent jurisdiction upon the applicant's failure to appear qualify under this prohibition.(10) An applicant for licensure meeting the requirements of T.C.A. § 4-3-1304(d) may: (a) Be issued a license upon application and payment of all fees required for the issuance of such license if, in the opinion of the Commissioner, the requirements for licensure of such other state are substantially equivalent to that required in Tennessee; or(b) Be issued a temporary permit as described herein if the Commissioner determines that the applicant's license does not meet the requirements for substantial equivalency, but that the applicant could perform additional acts, including, but not limited to, education, training, or experience, in order to meet the requirements for the license to be substantially equivalent. Under these circumstances, the Commissioner may issue a temporary permit upon application and payment of all fees required for issuance of a regular license of the same type, which shall allow such person to perform services as if fully licensed for a set period of time that is determined to be sufficient by the Commissioner for the applicant to complete such requirements.1. After completing those additional requirements and providing the Commissioner with sufficient proof thereof as may be required, a full license shall be issued to the applicant with an issuance date of the original issuance of the temporary permit and an expiration date as if the full license had been issued at that time.2. A temporary permit shall be issued for a period no longer than the length of a renewal cycle for a full license of the same type.3. A temporary permit shall expire upon the date set by the Commissioner and shall not be subject to renewal except through the completion of the requirements for substantial equivalency as required by the Commissioner or by an extension of time granted by the Commissioner for good cause.4. Should an extension to a temporary permit cause the permit to be in effect longer than the renewal cycle of a full license, then the holder of the temporary permit shall file a renewal application with such documentation and fees, including completion of continuing education, as are required by the Commissioner for all other renewals of a full license of the same type.(c) Military education, training, or experience completed by a person described at T.C.A. § 4-3-1304(d)(2)(A) shall be accepted toward the qualifications, in whole or in part, to receive any license issued by the Commissioner if such military education, training, or experience is determined by the Commissioner to be substantially equivalent to the education, training, or experience required for the issuance of such license.(11) Any licensee who is a member of the National Guard or a reserve component of the armed forces of the United States called to active duty whose license expires during the period of activation shall be eligible to be renewed upon the licensee being released from active duty without: (a) Payment of late fees or other penalties; or(b) Obtaining continuing education credits when:1. Circumstances associated with the person's military duty prevented the obtaining of continuing education credits and a waiver request has been submitted to the Commissioner; or2. The person performs the licensed or certified occupation as part of such person's military duties and provides documentation sufficient to demonstrate such to the Commissioner.(12) The license, certification or permit shall be eligible for renewal pursuant to Paragraph (11) for six (6) months from the person's release from active duty.(13) Any person renewing under Paragraph (11) shall provide the Commissioner such supporting documentation evidencing activation as may be required by the Commissioner prior to the renewal of any license pursuant to Paragraph (11).Tenn. Comp. R. & Regs. 1175-01-.04
Original rule filed August 24, 1992; effective October 8, 1992. Amendment filed March 3, 1995; effective May 17, 1995. Amendment filed February 8, 2012; effective May 8, 2012. Amendment filed August 14, 2015; effective November 12, 2015. Amendments filed March 22, 2023; effective 6/20/2023.Authority: T.C.A. §§ 62-26-204, 62-26-205, 62-26-206, 62-26-208, 62-26-217, 62-35-129, and 62-35-143.