Section 0090-01-.12 - FINGERPRINTING(1) All applicants for employee registration or qualifying agent license shall be subject to a Federal Bureau of Investigations (FBI)/Tennessee Bureau of Investigations (TBI) background investigation pursuant to T.C.A. §§ 62-32-312(e) and 62-32-313(b).(2) An applicant for employee registration or qualifying agent license required to submit fingerprints with his or her application for the purpose of allowing the Commissioner to forward the fingerprints to the TBI and FBI as required by T.C.A. §§ 62-32-312(e) and 62-32-313(b) 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. 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 alarm employee registration and qualifying agent 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.(3) In the event that an applicant furnishes unclassifiable fingerprints or fingerprints that are unclassifiable in nature to the Commissioner, or the TBI or FBI, the Commissioner may refuse to issue the requested license or registration. 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.(4) In the event that the fingerprints submitted by an applicant are rejected or otherwise unable to be processed by the TBI and/or the FBI, the applicant shall submit new fingerprints together with any additional fee(s) charged by the TBI and/or FBI for processing the new fingerprint card.Tenn. Comp. R. & Regs. 0090-01-.12
Original rule filed October 6, 2004; effective December 20, 2004. Amendment filed March 28, 2012; effective June 28, 2012. Amendments filed June 7, 2016; effective September 5, 2016. Amendments filed March 22, 2023; effective 6/20/2023.Authority: T.C.A. §§ 62-32-307, 62-32-312, 62-32-313, and 62-32-318.