Section 0780-05-13-.13 - STANDARDS OF PRACTICE(1) Standards of Practice. This rule sets forth the minimum standards of practice required of licensed locksmiths, registered locksmith apprentices, and registered locksmith companies and is applicable to licensees and registrants.(2) Client Identification and Authorization. A licensee or registrant shall perform the following before providing a client with locksmithing services:
(a) identify and document the person who ordered the locksmithing services as the licensee's client before commencing any locksmithing services;(b) establish and record the client's authorization to order the locksmithing services to be provided;(c) obtain the client's authorization in writing by having the client or the client's authorized agent sign an authorization or work order providing that the client or authorized agent is assuming full responsibility and liability for the locksmithing services ordered; and(d) ensure that the client or the client's authorized agent is physically present at the location where the locksmithing services will be performed, unless the client or client's agent has expressly waived this requirement in writing.(3) Confidentiality. (a) A licensee or registrant shall address all correspondence, contracts, work orders, invoices, and bills relating to locksmithing services performed directly to the client unless the client expressly directs the licensee to do otherwise;(b) A licensee or registrant shall deliver security information and devices, including but not limited to keys, access cards, codes, key bitting arrays, and file keys to the client or to the client's authorized agent but not to anyone else, unless otherwise authorized by the client or client's agent; and(c) A licensee or registrant shall maintain the confidentiality of any information obtained from a client in the course of performing locksmithing services.(4) Recordkeeping Requirements. A licensee or registrant shall retain copies of all client contracts, authorizations, work orders, invoices and bills for three (3) years from the date the work was performed.
(5) Duties and Responsibilities. (a) A licensee or registrant shall comply with all applicable federal, state and local laws and codes in providing locksmithing services.(b) A licensee or registrant shall ensure random, complete, and qualified recombination of cylinders, combination locks and access control systems for optimal security maintenance.(c) A licensee or registrant shall keep clients reasonably informed about the status of a locksmithing job being performed for that client and shall promptly comply with reasonable requests for information.(d) Upon any request for additional information or upon receipt of any written complaint against the licensee or registrant, such party shall, within fourteen (14) days, file a written answer to the request for additional information or to the complaint with the Commissioner.(e) A licensee or registrant shall place the license or registration number on all business cards and all advertising which contain the licensee's or registrant's name.(f) A locksmith company shall:2. Clearly mark the outside of each installation and service vehicle to be used in conjunction with the locksmithing service as set forth in Tenn. Code Ann. § 62-11-116 and place the locksmith company license number on all business cards, letterhead, and all advertising;3. Retain and maintain for the term of the license general liability insurance as set forth in Tenn. Code Ann. § 62-11-108;4. Be responsible, along with the qualifying agent, for any unlawful or unprofessional conduct by an employee in the course of his/her employment. Such conduct shall be cause for suspension or revocation of the company's registration or the qualifying agent's locksmith license and/or the assessment of civil penalties against the locksmith company or qualifying agent if it is established that the locksmith company or the qualifying agent had knowledge of the unlawful or unprofessional conduct, or that there existed a pattern of unlawful or unprofessional conduct;5. Notify the Commissioner in writing of the opening of a branch office as well as the name of the qualifying agent responsible for the branch office no later than fourteen (14) days prior to the opening of the branch office.(6) Prohibited Activities. (a) No licensee or registrant shall perform work in any structure or on any personal property without the client's written authorization or written authorization from the client's agent.(b) No licensee or registrant shall perform locksmithing services on any structure or personal property when there is a dispute as to the ownership of that structure or personal property.(c) A licensee or registrant shall not create or attempt to create a key for a master keyed lock unless the licensee or registrant obtains written authorization from the owner of the master key system or the owner's authorized agent.(d) A licensee or registrant shall not expand or attempt to expand any master keyed system without first obtaining a list of all key bittings. If this cannot be obtained, then the lock shall be keyed as SKD or a new master key system shall be generated.(e) No licensee or registrant shall work for or be employed by a locksmith company without first filing notice with the Commissioner on the initial application or on the prescribed Transfer Notice.(f) No licensee or registrant shall allow any employee not licensed as a locksmith or registered as a locksmith apprentice to have access to any locksmithing tools.(g) No licensee or registrant shall list an address in any manner if the locksmith does not actually have a business located at that address.Tenn. Comp. R. & Regs. 0780-05-13-.13
Original rule filed February 29, 2008; effective May 14, 2008. Withdrawal filed March 27, 2008, for amendment 0780-5-.13(5)(f)(1) filed February 29, 2008, and to have become effective May 14, 2008.Authority: Chapter 885 of the Public Acts of 2006, § 7, Chapter 526 of the Public Acts of 2007, §§ 3, 4, 10, 11 and 19, and T. C. A. §§ 62-11-104, 62-11-106, 62-11-108 and 62-11-116 [effective July 1, 2008].