Section 0780-05-13-.02 - DEFINITIONS(1) "Access control" means any barrier or device, which limits or prohibits free or unlimited access; however, for the purpose of this chapter, "access control" may mean any "stand-alone" mechanical, electro-mechanical, or electronic locking device that is not part of an integrated system. Nothing in this chapter shall exempt any licensed locksmith from complying with all licensing requirements for alarm contracting;(2) "Automotive work" means repairing, rebuilding, repinning, recombinating, servicing, adjusting, installing, manipulating, or bypassing a special locking system, mechanical locking device or electrical locking device for controlled access to vehicles;(3) "Branch office" means any physical location that is not the primary place of business at which a locksmith or apprentice conducts any activity relative to locksmithing services, including but not limited to offices where administrative and/or other locksmith business function is performed. The only exceptions are warehouse facilities which are utilized solely for storage purposes and locations that are not accessible to the general public which have no signage, advertising or other outward indication to the public that the licensing locksmith company conducts its primary business at that location.(4) "Commissioner" means the commissioner of commerce and insurance;(5) "Continuing education" means education that is creditable toward the education requirements that must be satisfied as a prerequisite for renewal or a license as a locksmith;(6) "Conviction" means and includes the entry of a plea of guilty, plea of no contest or a verdict rendered in open court by a judge or jury;(7) "General locksmithing" means repairing, rebuilding, repinning, recombinating, servicing, adjusting, installing, manipulating, or bypassing locks or other devices for access to structures or personal property;(8) "Good moral character" means an individual with high legal, moral and ethical values, and the following shall be prima facie evidence that an individual does not have good moral character:(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 a crime involving felonious assault;(c) Conviction of a crime involving unlawful breaking or entering, burglary, larceny or arson;(d) Conviction as a habitual criminal;(e) An addiction to alcohol or a narcotic drug;(f) Discharge from the armed forces under dishonorable conditions; or(g) Conviction of a misdemeanor crime of domestic violence as defined in 18 U.S.C. 921(33);(9) "Instructor" means an individual who presents course materials approved for qualifying education and continuing education hours;(10) "Licensee" means an individual who holds a current, unexpired license as a locksmith issued by the commissioner;(11) "Locksmith company" means any person or entity engaging in the business of providing or undertaking to provide locksmithing services for another person;(12) "Locksmith student" means an individual who is enrolled in a locksmith training program pursuant to Rule 0780-05-13-.07;(13) "Locksmith training program" means a course or courses or an apprenticeship program given in preparation for licensure as a locksmith;(14) "Master key system" means any keying arrangement which has two or more levels of keying;(15) "Motor vehicle" shall have the same meaning as set forth in T.C.A. § 55-17-102(15);(16) "Provider" means an individual or entity offering courses approved by the commissioner for qualifying education or continuing education credit hours;(17) "Permanent fixed business location" means an office, office building or dwelling submitted to the commissioner as the locksmith company's principal place of business. Mail boxes and mail drop addresses may not be used as a primary place of business or as a branch office.(18) "Person" means an individual, firm, association, governmental entity, or other legal entity;(19) "Qualifying agent" means any person licensed by the commissioner as a locksmith who is immediately responsible for the operation of a principal office or any branch office;(20) "Qualifying education" means education that is creditable toward the education requirements for initial licensure as a locksmith;(21) "Registrant" means an individual who holds a current, unexpired registration as a locksmith apprentice issued by the commissioner or a company that holds a current, unexpired registration as a locksmith company issued by the commissioner;(22) "Safe and vault work" means repairing, rebuilding, repinning, recombinating, servicing, adjusting, installing, manipulating, or bypassing a special locking system, mechanical locking device or electrical locking device for controlled access or egress to safes, vaults, safe doors, lock boxes, automatic teller machines, or other devices for safeguarding areas;(23) "Structure" means any building or improvement and its components, systems, fixtures and appurtenances;(24) "Timely renewal" means that all documentation and fees required for the renewal have been received by the commissioner prior to the expiration of the locksmith license or registration.Tenn. Comp. R. & Regs. 0780-05-13-.02
Original rule filed February 29, 2008; effective May 14, 2008. Amendments filed March 28, 2016; effective 6/26/2016.Authority: Chapter 885 of the Public Acts of 2006, §§ 4 and 7, Chapter 526 of the Public Acts of 2007, §§ 1 and 2, and T.C.A. §§ 62-11-103 and 62-11-106.