Section 0780-05-08-.03 - APPLICATIONS(1) An applicant shall file with the commissioner a completed application on a form prescribed and furnished by the commissioner. An application shall be accompanied by such forms, materials and information that are necessary to enable the commissioner to ascertain if an applicant meets the requirements to obtain a license. An applicant shall also file with the completed application the application fee specified in rule 0780-5-8-.07 of these rules.(2) An applicant shall disclose any criminal conviction, except for minor traffic and driving under the influence of a controlled substance convictions, on the application form. If an applicant is a corporation, partnership or limited liability corporation, any convictions of any controlling person shall be disclosed on the application. The required disclosure shall include a complete explanation of the circumstances surrounding the offense, the sentence imposed, and whether any imposed probation has been successfully completed. An applicant shall also provide any indictment or information and any resulting plea agreements and any other documentation related to any such conviction. An applicant must submit a notarized statement from the court(s) having jurisdiction of the conviction(s) that the aforementioned documentation is unavailable if this documentation cannot be provided.(3) Failure to disclose a criminal conviction on the application shall be a basis for the denial of the application.(4) An applicant shall submit the financial information required by T.C.A., § 62-43-108(b)(3) at the time of application unless an applicant indicates on the application the desire to furnish such information upon being notified in writing that all other requirements to obtain a license have been met. An applicant who opts to provide the financial information upon such written notification by the commissioner shall provide the required information within fifteen (15) days of the date appearing on the written notification from the Commissioner. Failure to provide the information within the required period of time may result in the denial of the application for a license.(5) A nonresident applicant for a license shall pay the same application fee as an applicant who is a resident of this state.(6) A nonresident applicant for a license shall submit with an application either: (a) a copy of a current license to engage in staff leasing issued by the applicant's state of residence or domicile and a notarized statement from the state which issued the applicant's license to the effect that the applicant is in good standing;(b) a notarized statement by the applicant to the effect that no license is required by the applicant's state of domicile or residence to engage in staff leasing; or(c) a notarized statement by the applicant to the effect that the applicant is not licensed in its state of residence or domicile due to the fact that the applicant does not engage in staff leasing in that state.(7) A nonresident applicant for a restricted license shall submit with the application:(a) a notarized statement of the applicant to the effect that the applicant does not maintain an office in this state, and does not maintain a sales force or have a sales representative in this state, and has leased no more than one hundred (100) leased employees in this state and will lease no more than one hundred (100) employees in this state without obtaining an unrestricted license; and(b) either a copy of the applicant's current license to engage in staff leasing issued by the applicant's state of domicile or residence and a notarized statement from the applicant's state of domicile to the effect that the applicant is in good standing or a notarized statement by the applicant that no license is required by the applicant's state of domicile or residence to engage in staff leasing in that state.(8) An applicant shall respond promptly to all requests of the commissioner for further information. Failure to provide requested information within thirty (30) days of a request of the commissioner shall be grounds for the denial of an application.Tenn. Comp. R. & Regs. 0780-05-08-.03
Original rule filed April 17, 1996; effective July 1, 1996.Authority: T.C.A., §§ 62-43-104(a), 62-43-108, 62-43-109, and 62-43-113(b)(3).