Section 1360-03-03-.10 - CRIMINAL BACKGROUND CHECKS(1) Effective Date. Beginning July 1, 2005, criminal background checks conducted by the TBI may be required by the Secretary.(2) Persons Subject to Criminal Background Checks. Fingerprint-based criminal background checks may be required of officers, directors, trustees, staff and any person operating an annual event on behalf of a 501(c)(3) organization. Persons who do not receive any compensation for their duties associated with the 501(c)(3) organization shall not be subject to criminal background checks.(3) Criteria for Requiring Criminal Background Checks. Upon a determination by the Secretary that a criminal background check is required of a person in connection with an annual gaming event held by a 501(c)(3) organization, the application of such organization shall not be considered until such background check has been completed and the results of the background check are received in the office of the Secretary of State. In the event that information is revealed in the background check which would be a violation of a provision of the Act, the Secretary shall give notice to the affected organization and allow them an opportunity to cure the disqualifying situation by disassociating such person or persons from taking any action on behalf of such organization. The organization shall submit to the Secretary, an affidavit, signed by the chief operating officer and the treasurer of the organization, setting forth what action has been undertaken by the organization to disassociate the individual/individuals.(4) Procedure for Obtaining Criminal Background Checks. Upon notification by the Secretary that a criminal background check is required, the person notified shall take immediate steps to secure the background check. Persons who receive a request from the Secretary to submit to a criminal background check shall contact the then current state of Tennessee fingerprinting service to obtain information on the proper location and procedure for having the background check run. Persons must provide identifying information, the reason for being printed and name of the "Division of Business and Charitable Organizations, Charitable Gaming Section" as the entity for whom the prints are requested. Background checks will include data from a dual TBI amp; FBI search. At the time of the printing, the person must provide identification to verify his/her identity. A driver's license, passport, military ID or similar identification should be provided. The applicant shall be responsible for paying all costs associated with obtaining a criminal history background check.
The results of the background search will be provided directly to the Secretary of State's Division of Business and Charitable Organizations, Charitable Gaming Section. Results of background checks may be challenged by contacting the TBI. A form is available for download from the TBI web site at www.tn.gov/tbi or by contacting the TBI directly.
(5) Information from Law Enforcement Agency. The Secretary may require a criminal background check on any person based upon information received from a local, state or federal law enforcement agency indicating a violation of the law involving theft, misappropriation of funds, or any matter which would impact the legitimate operation of an annual gaming event. For purposes of this provision, law enforcement agency shall include the Internal Revenue Service.(6) Denial of Application to Conduct Annual Gaming Event. The Secretary may deny an application to operate an annual gaming event based upon the results of a criminal background check. In addition, the Secretary may impose a civil penalty if the background check shows a violation of the Tennessee Nonprofit Gaming Law. Penalties shall be determined based upon the rules for disqualification located below at section 1360-03-03-.13.Tenn. Comp. R. & Regs. 1360-03-03-.10
Original rule filed October 7, 2005; effective February 28, 2006. Amendment filed January 14, 2009; effective May 29, 2009. Emergency rule filed August 8, 2014; effective through February 4, 2015. Emergency rule expired effective February 5, 2015, and the rule reverted to its previous status. Repeal and new rule filed June 9, 2015; effective September 7, 2015. Amendments filed December 27, 2021; effective March 27, 2022. Amendments filed January 8, 2024; effective 4/7/2024.Authority: T.C.A. §§ 3-17-114(a)-(c), 3-17-114(e)(1)-(2), and 3-17-115(a).