Section 1175-04-.06 - MISCONDUCT(1) The licensee shall not knowingly associate with, or permit the use of his/her name or firm name in a business venture by any person or firm which he/she knows, or has reason to believe, is engaging in business or professional practice of a fraudulent or dishonest nature.(2) The licensee shall not furnish any services in such a manner as to enable unlicensed persons to evade the licensure requirements of Tenn. Code Ann., Title 62, Chapter 26.(3) The licensee, and his/her employees, shall not represent, identify, or suggest to anyone that they are associated with any law enforcement agency.(4) The licensee shall not bill a client for services or expenses which have not been provided or incurred. A complete and comprehensive itemized statement of services and expenses must be provided to the client upon request.(5) Misrepresentation of qualifications and identity. (a) The licensee shall not falsify or permit misrepresentation of his or her or his or her associates' academic or professional qualifications. He or she shall not misrepresent or exaggerate his or her degree of responsibility in or for the subject matter of prior assignments. Brochures or other presentations incident to the solicitation of employment shall not misrepresent pertinent facts concerning employer, employees, associates, joint ventures, or his or her past accomplishments with the intent and purpose of enhancing his or her qualifications.(b) Production and/or use of any printed matter or promotional materials, including but not limited to radio, television, internet or print advertising, letterhead, business cards, or flyers which do not bear the true name(s) under which the licensee is licensed by the Commissioner as a private investigator or an investigations company shall constitute misrepresentation. The true name of the licensee private investigator or investigations company shall accompany any D/B/As, A/K/As, and alias names under which the licensee operates.(c) Indicating a private investigator is affiliated and/or operating a company that is not licensed by the Commissioner on any printed matter or promotional materials, including but not limited to radio, television, internet or print advertising, letterhead, business cards, or flyers shall constitute misrepresentation.(6) A licensee may be deemed by the Commissioner to be guilty of misconduct in his or her professional practice if: (a) He or she is convicted in a court of competent jurisdiction of a felony or misdemeanor which the Commissioner finds reflects unfavorably on the licensee's fitness for licensure; or(b) His or her license or certificate of registration to practice private investigations in another jurisdiction is revoked, suspended, or voluntarily surrendered as a result of disciplinary proceedings.(7) A Private Investigations Company shall be in responsible charge of any Private Investigators affiliated with such Company. In addition, a Private Investigations Company shall be subject to discipline for any violations of the Tennessee Private Investigators Licensing and Regulatory Act, and any rules promulgated thereunder, committed by its affiliated Private Investigator(s) if the Company knows or should have known about the violation(s) and failed to take timely preventative and/or remedial measures.Tenn. Comp. R. & Regs. 1175-04-.06
Original rule filed March 3, 1995; effective May 17, 1995. Amendment filed June 9, 2003; effective August 23, 2003. Amendment filed September 19, 2003; effective December 3, 2003. Amendment filed February 8, 2012; effective May 8, 2012. Amendments filed March 22, 2023; effective 6/20/2023.Authority: T.C.A. §§ 62-26-217, 62-35-129, and 62-35-143.