Section 0090-01-.06 - QUALIFYING AGENT REQUIREMENTS(1) Any person desiring to be licensed as a qualifying agent 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 receive a license if the requirements of T.C.A. § 62-32-313(a), (b), (c), and (d) as described in these rules have been met and all requisite fees have been paid.(2) A qualifying agent 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 qualifying agent 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) The classifications for qualifying agents are as follows:(b) Burglar alarm system;(d) Closed circuit television.(4) An applicant for a qualifying agent's license shall apply for each classification in which the applicant will be serving as a qualifying agent for an alarm systems contractor.(5) An applicant for a qualifying agent license will be deemed to have met the criteria for a classification if the applicant has indicated on the application form the classification(s) for which application is made and has met all applicable requirements contained in Tenn. Code Ann. §§ 62-32-307(d), 62-32-312(d), (e) and 62-32-313.(6) An applicant for a qualifying agent license 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.(7) A qualifying agent may have his or her license revoked or suspended or civil penalties imposed upon him or her for any violation of these rules or Tenn. Code Ann., Title 62, Chapter 32, Part 3.(8) A qualifying agent must file a termination/transfer form with the Commissioner within thirty (30) days if the qualifying agent leaves the employment of the alarm systems contractor by which he or she is employed.(9) A designated qualifying agent must perform the following:(a) A designated qualifying agent shall be in responsible charge of the alarm systems contractor by which he or she is employed.(b) A designated qualifying agent shall be a full-time employee of the alarm systems contractor for whom he or she works.(c) Before a designated qualifying agent begins to work as an employee of an alarm systems contractor, he or she shall notify his or her previous employer in writing that he or she is no longer the designated qualifying agent of the previous employer.(d) A designated qualifying agent shall determine which employees of the alarm systems contractor will have access to records, diagrams, plans, or other sensitive information pertaining to monitored, installed, or proposed alarm systems.(e) A designated qualifying agent shall be responsible for ensuring that any person required to be registered has submitted an application to the Commissioner and for providing the Commissioner with all materials and information required by T.C.A. § 62-32-312(d).(f) A designated qualifying agent shall review a registered employee's application to ensure that the information submitted on the application is accurate.(g) A designated qualifying agent shall notify the Commissioner within thirty (30) days after any change in business address for him or herself, the alarm systems contractor who employs the designated qualifying agent, or the registered employees or qualifying agents who are employed by the alarm systems contractor.(h) A designated qualifying agent shall be responsible for ensuring that an accurate application for the renewal of registrants employed by the alarm systems contractor has been submitted in accordance with Rule 0090-01-.05 Employee Registration Requirements.(i) A designated qualifying agent shall notify the Commissioner within thirty (30) days after any known arrest, conviction, or any arrest or conviction of which the designated qualifying agent should have known, of any registrant, applicant or qualifying agent under his or her supervision by any state, federal, or military court of any crime (except minor traffic violations). The designated qualifying agent shall provide this notification for persons who are registered, or required to be registered, under the alarm systems contractor that employs the designated qualifying agent. For the purposes of these rules, "conviction" means the entry of a guilty plea, no contest plea, or a verdict or decision rendered by a judge or jury.(j) A designated qualifying agent shall notify the Commissioner within ten (10) days after the designated qualifying agent has knowledge that the alarm systems contractor, a registrant, an applicant, or a qualifying agent has violated any provision of T.C.A. Title 62, Chapter 32, Part 3 or any of the Commissioner's rules.(k) A designated qualifying agent shall be responsible for ensuring that notice of transfers and notice of terminations are filed with the Commissioner within thirty (30) days of the transfers or terminations of any registered employees or qualifying agents who are employed by the alarm systems contractor.(10) A qualifying agent 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 licensed qualifying agent 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) Qualifying agent applicants who, prior to the issuance of their license, change from an alarm systems contractor employee to "independent" or from "independent" to an alarm systems contractor employee, shall be eligible to transfer one (1) time during the application process by submitting a completed transfer form without the fifty dollar ($50.00) transfer fee. An applicant must submit a new application along with the appropriate fee for any additional transfers.(12) A qualifying agent who voluntarily changes employment to another alarm systems contractor must submit a completed transfer form, two (2) photos, and the required fifty dollar ($50.00) transfer fee.(13) A designated qualifying agent shall respond in writing within twenty (20) business days to any complaint filed against the designated qualifying agent or the alarm systems contractor by which the designated qualifying agent is employed.Tenn. Comp. R. & Regs. 0090-01-.06
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. Repeal and new rule filed October 6, 2004; effective December 20, 2004. Amendment filed May 26, 2009; effective August 9, 2009. 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. §§ 62-32-303, 62-32-304, 62-32-307, 62-32-313, 62-32-316, and 62-32-320.