Section 1395-01-02-.07 - SANCTIONS FOR NON-COMPLIANCE WITH THE TIBRS PROGRAM REQUIREMENTS(1) An agency will be classified as non-compliant with the requirements of the TIBRS Program if any of the following incidents occur:(a) Failure to enter and submit current data to the TBI CSU for three (3) consecutive months in a format accepted by the repository;(b) Failure to submit by the 10th of the following month for four (4) consecutive months;(c) Failure to have a RAC or Alt RAC (if applicable) receive the mandatory hours of TIBRS Program training annually;(d) Failure to implement corrective actions outlined in a report of findings from a Quality Assurance Review performed by the TBI CSU staff within sixty (60) days of receipt of the report by the certified reporting agency;(e) Failure to submit a written response to the TBI CSU detailing steps taken to implement suggested recommendations within sixty (60) days of receipt of the Quality Assurance Review report;(f) Failure to correct errors identified in error reports sent back to the certified reporting agency within sixty (60) days of receipt of the report;(g) Failure to appoint a RAC, in writing from the CLEO, within thirty (30) days of starting reporting to the TIBRS Program;(h) Failure to appoint a new RAC, in writing from the CLEO, within thirty (30) days after the position has become vacant;(i) Failure to have a current written agreement between an Entering and Non-entering agency on file at TBI.(j) Failure to produce all records requested for Quality Assurance Reviews; or(k) Failure to submit four (4) consecutive months of data with an error rate of less than four (4.0%) percent after the reporting agency has been certified.(2) A law enforcement agency with a grant computer that remains in non-compliance with the requirements of the TIBRS program for ninety (90) days shall return the grant computer to the TBI in its original condition.(3) A reporting agency that has lost certification for the TIBRS Program may be re-certified after the agency corrects the area(s) of non-compliance including submission of all back data, and submits three (3) consecutive months of previously un-submitted data with an error rate of less than four (4.0%) percent.(4) Notification of non-compliance with the requirements of the TIBRS Program shall be submitted by the TBI CSU to the Office of Criminal Justice Programs and to the District Attorney General.Tenn. Comp. R. & Regs. 1395-01-02-.07
Original rule filed November 6, 2001; effective March 30, 2002. Repeal and new rule filed November 19, 2007; effective March 28, 2008.Authority: T.C.A. §§ 38-10-101 through 38-10-105.