Section 1395-01-01-.07 - AUTOMATED FINGERPRINT INFORMATION SYSTEM (AFIS)(1) Fingerprints of persons arrested and submitted under existing state law shall be subject to the following regulations of the AFIS System: (a) Fingerprints shall be retained in the AFIS database until the person reaches the age prescribed for removal of the record under RDA 1686;(b) Fingerprints may be submitted by mail or by any electronic means meeting NIST standards as defined in the TBI Electronic Fingerprint Submission Interface Specifications;(c) Fingerprints not meeting the TBI quality control standards shall be rejected and returned to the contributor with a standardized rejection form attached describing the reason(s) for rejection;(d) Fingerprints of juveniles will be retained only if they meet quality control standards and contain one of the following notations: 2. Juvenile Felony Arrest. Arrest histories generated from juvenile fingerprint receipts meeting the above criteria will be disseminated in the same manner as adult records;
(e) TBI will report statistics related to fingerprint submissions and rejections to the State Comptroller's office; and(f) Records will be removed only on the receipt of a court ordered expungement, death notice, or receipt of official request on departmental letterhead from the head of the submitting agency.(2) Law Enforcement and Criminal Justice Agency Applicant Fingerprints shall be subject to the following regulations: (a) Candidates for sheriff will submit two (2) sets of fingerprints on form FD-258. The cards should bear the TBI's ORI. The "Reason Fingerprinted" block of the form shall bear the notation "Candidate for sheriff of (name of) county;" and(b) Any CHR located as a result of fingerprint search of law enforcement, criminal justice agency applicants or employees, and candidates for sheriff will be reported to the contributing agency, with a copy forwarded to the POST commission. Any CHR located on sheriff's candidates will be reported to the District Attorney General or other contributing agency.(3) Regulatory and Other Non-Criminal Justice Agencies shall be subject to the following regulations:(a) Agencies which issue licenses or permits to any person, corporation, partnership, or other entity to engage in an authorized activity affecting the rights, property, or interests of the public or segments thereof, may submit fingerprints as required by enabling legislation for the limited purpose of determining if such license or permit should be issued; and(b) Processing fees will be assessed and collected by the TBI in accordance with existing state law. Fees will be collectible in advance by cashier's check, certified check, money order, or by journal voucher to state agencies.Tenn. Comp. R. & Regs. 1395-01-01-.07
Original rule filed October 30, 1986; effective January 27, 1987. Repealed and new rule filed November 16, 2001; effective March 30, 2002.Authority: T.C.A. §§ 38-6-102(e), 38-6-103, 38-10-101, and 37-10-207.