Current through Acts 2023-2024, ch. 1069
Section 62-32-313 - Qualifying agents - Application for license - Educational and training criteria - Examination - Term of license - Renewal(a) Anyone desiring to be licensed as a qualifying agent shall make written application to the commissioner on forms prescribed by the commissioner. The application shall be accompanied by an application fee as set by the commissioner.(b) An applicant shall meet all of the requirements for a registered employee as indicated in § 62-32-312(e). Application shall be accompanied by the documents required for employee registration as detailed in § 62-32-312(d).(c) An applicant for qualifying agent must satisfy the following educational and training criteria: (1) The applicant must hold a post-high-school degree from an accredited university, college, or technical college approved by the commissioner; or(2) The applicant must hold a current certification by a national training program approved by the commissioner in the field of work to be installed, serviced, or monitored, and have at least three (3) years of working experience in the alarm industry covering the actual installation of alarm systems.(d) If the application is satisfactory to the commissioner, the qualifying agent shall be entitled to an examination to determine the agent's qualifications. This examination may be written or oral, or both. The commissioner shall be entitled to charge each applicant an examination fee as set by the commissioner for each written or oral examination, or both.(e) If the results of the examination of any applicant are satisfactory to the commissioner, then it shall issue to the applicant a license as a qualified agent in this state. The commissioner shall state the classifications in which the applicant is qualified to engage.(f) Licenses as a qualifying agent shall expire on the last day of the twenty-fourth month following its issuance or renewal and shall become invalid on that date unless renewed.(g) Renewal notices shall be mailed to the last known address of the qualified agent ninety (90) days prior to the expiration date of the license. The renewal must be received in the office of the commissioner prior to the expiration of the license.(h) It is the duty of the commissioner to notify every person registered under this part by mail to the last known address of the date of expiration of the person's certificate of license and the amount of fee required for its renewal for two (2) years. The notice shall be mailed in accordance with this section.(i) The fee to be paid for the renewal of a certificate of license after the expiration date shall be increased ten percent (10%) for each month or fraction of a month that payment for renewal is delayed; provided, that the maximum fee for a delayed renewal shall not exceed twice the normal fee.(j) No qualifying agent shall be qualified to receive a renewal license when the agent has been in default in complying with this part for a period of three (3) months, and, in that event, the qualifying agent, in order to qualify under the law, shall make a new application as in the case of the issuance of the original license.(k) The commissioner shall not grant renewal of a qualifying agent license until it has received satisfactory evidence of continuing education during the previous two (2) years. The commissioner shall promulgate rules to establish minimum satisfactory standards of continuing education.(l) The commissioner may, after notice and an opportunity for hearing, suspend, revoke or deny renewal of a license to a qualifying agent who is a qualifying agent for a person, firm, association or corporation that has had its certification suspended or revoked under § 62-32-319. The commissioner shall in all cases before hearing any charges against any registrant furnish a written copy of the charges against the accused, including notice of the time and place where the charges will be heard, and give reasonable opportunity for the accused to be present and offer any evidence the accused may wish. The accused shall have the right to an attorney if the accused so desires. The revocation or suspension of license shall be in writing, stating the grounds upon which the commissioner decision is based. The aggrieved person shall have the right to appeal from the decision.(m) [Deleted by 2021 amendment.]Amended by 2021 Tenn. Acts, ch. 294, s 29, eff. 7/1/2021.Amended by 2021 Tenn. Acts, ch. 294, s 28, eff. 7/1/2021.Amended by 2013 Tenn. Acts, ch. 142, s 1, eff. 4/12/2013.Acts 1991, ch. 400, § 13; 1996, ch. 848, §§ 15, 16; 2008 , ch. 1038, §§ 8-10, 15.