Tenn. Comp. R. & Regs. 1175 — Private Investigation & Polygraph Commission

Chapter 1175-01 Private Investigator and Investigation Company Rules

Tenn. Comp. R. & Regs. 1175-01-.01 PURPOSE

The purpose of this chapter is to provide for the administration and implementation of the Private Investigators Licensing and Regulatory Act (Tenn. Code Ann. §§ 62-26-201 et seq.), herein referred to as the “Act.”

History

• Authority: T.C.A. § 62-26-303.
• Administrative History: Original rule filed August 24, 1992; effective October 8, 1992. Amendment filed September 19, 2003; effective December 3, 2003.

Tenn. Comp. R. & Regs. 1175-01-.02 DEFINITIONS

As used in this chapter, unless the context otherwise requires, the definitions of terms contained in Tenn.

Code Ann. § 62-26-202 of the Act are applicable.

History

• Authority: T.C.A. § 62-26-303.
• Administrative History: Original rule filed August 24, 1992; effective October 8, 1992. Amendment filed September 19, 2003; effective December 3, 2003.

Tenn. Comp. R. & Regs. 1175-01-.03 FINGER PRINTING

(1) An applicant required to submit fingerprints with his or her application for the purpose of allowing the Commissioner to forward the fingerprints to the Tennessee Bureau of Investigation (TBI) and Federal Bureau of Investigation (FBI) as required by T.C.A. §§ 62-26- 205 and 62-26-208 shall make arrangements for the processing of his or her fingerprints with the company contracted by the State to provide electronic fingerprinting services directly and shall be responsible for the payment of any fees associated with processing of fingerprints to the respective agent authorized by the TBI and FBI. The Commissioner shall notify every applicant in writing of the name, address, and telephone number of any company contracted by the State to provide such a service. All private investigator and investigations company applicants shall comply with the following requirements regarding payment for the fingerprinting service:

(a) The Commissioner may authorize the submission of three (3) sets of classifiable physical fingerprint cards in lieu of electronic fingerprints, as required above, at the expense of the applicant and rolled by a qualified person acceptable to the Commissioner, for good cause.

(b) All sets of classifiable fingerprints required by this rule shall be furnished at the expense of the applicant.

(c) In the event the State no longer contracts with any company to provide an electronic fingerprinting service, then the applicant shall submit three (3) classifiable TBI and FBI fingerprint cards with his or her application and shall pay the Commissioner all processing fees established by the TBI and FBI.

(d) Applicants shall in all cases be responsible for paying application fees as established by the Commissioner regardless of the manner of fingerprinting the applicant used.

(2) In the event that an applicant furnishes unclassifiable fingerprints or fingerprints that are unclassifiable in nature to the Commissioner, or the Tennessee Bureau of Investigation (TBI) or Federal Bureau of Investigation (FBI), the Commissioner may refuse to issue the requested license. For the purposes of this rule, “unclassifiable fingerprints” means that the electronic scan or the print of the person’s fingerprints cannot be read, and therefore cannot be used to identify the person. Should an applicant’s fingerprints be rejected by the TBI or FBI, the applicant shall pay any fees assessed by the TBI or FBI for resubmission.

(3) In the event that the fingerprint card submitted by an applicant is rejected or otherwise unable to be processed by the Tennessee Bureau of Investigation (TBI) and/or the Federal Bureau of Investigation (FBI), the applicant shall submit a new fingerprint card together with any additional fee(s) charged by the TBI and/or FBI for processing the new fingerprint card.

History

• Authority: T.C.A. §§ 62-26-205, 62-26-208, 62-35-129, and 62-35-143.
• Administrative History: Original rule filed August 24, 1992; effective October 8, 1992. Amendment filed June 9, 2003; effective August 23, 2003. Amendment filed September 19, 2003; effective December 3, 2003. Amendment filed September 12, 2006; effective November 26, 2006. Amendments filed February 8, 2012; effective May 8, 2012. Amendment filed November 4, 2015; effective February 2, 2016. Amendments filed March 22, 2023; effective June 20, 2023.

Tenn. Comp. R. & Regs. 1175-01-.04 APPLICANTS FOR LICENSES

(1) Any applicant who seeks to qualify for a private investigator license must apply directly to the independent testing organization selected by the Commissioner to prepare and grade such examination. Payment of any examination (or re-examination) fee shall be the responsibility of the applicant. The independent testing organization will notify each examinee of the results of the examination.

(2) A company license or written notice of company affiliation or operation as a sole proprietor must be on file with the Commissioner prior to the issuance of a personal private investigator license or license renewal.

(3) Applications for private investigator or private investigations company licensing must be on file with the Commissioner prior to scheduling examination(s).

(4) Upon termination of apprenticeship, applicant may not seek apprenticeship again.

(5) An applicant denied for material misstatement is not eligible to reapply for licensure for a period of six (6) months from the date of denial. Appeals must be submitted to the Commissioner in writing within thirty (30) days from the denial. All documentary dispositions and required court documents must be provided prior to a scheduled appeal hearing before the Commissioner.

(6) Disposition of the following crimes or actions taken by an authority having jurisdiction may disqualify an applicant, subject to the discretion of the Commissioner:

(a) Conviction by any local, state, federal, or military court of any crime involving the illegal sale, manufacture, distribution, or transportation of a controlled substance, drug, or narcotic;

(b) Conviction of any felony;

(c) Conviction of a crime involving unlawful breaking and entering, burglary, larceny, or arson;

(d) Conviction as a habitual criminal;

(e) Conviction of a misdemeanor crime of domestic violence as defined in 18 U.S.C.A. § 921(a)(33);

(f) Any misdemeanor conviction involving:

1. Shooti ng a firearm or other weapon;

2. Shoplifting; or 3. Assault and battery or other act of violence against persons or property.

(7) An applicant may be disqualified for licensure if the applicant is addicted to alcohol or drugs to the extent that it interferes with the applicant’s ability or capacity to perform his or her professional duties or responsibilities as a private investigator. This prohibition includes any person who is a current user of a controlled substance. The Commissioner may draw an inference of current use from recent use or possession of a controlled substance, e.g., positive drug test upon arrest or during probation within the past year; a conviction for use or possession of a controlled substance within the past year; or multiple arrests for such offenses within the past five (5) years if the most recent arrest occurred within the past year.

(8) An applicant may be disqualified for licensure for having been discharged from the armed forces under conditions less than honorable.

(9) An applicant may be disqualified for licensure for being subjected to a court order restraining the applicant from committing an act of domestic violence. The order must have been issued after a hearing during which the person restrained received actual notice of the hearing and had an opportunity to participate in any proceedings. The restrained individual need have only an opportunity to participate in any proceedings; consequently, failure to appear at the proceeding or consent to the entry of the order without a hearing does not affect this prohibition. Consent orders and orders entered by a court of competent jurisdiction upon the applicant’s failure to appear qualify under this prohibition.

(10) An applicant for licensure meeting the requirements of T.C.A. § 4-3-1304(d) may:

(a) Be issued a license upon application and payment of all fees required for the issuance of such license if, in the opinion of the Commissioner, the requirements for licensure of such other state are substantially equivalent to that required in Tennessee; or (b) Be issued a temporary permit as described herein if the Commissioner determines that the applicant’s license does not meet the requirements for substantial equivalency, but that the applicant could perform additional acts, including, but not limited to, education, training, or experience, in order to meet the requirements for the license to be substantially equivalent. Under these circumstances, the Commissioner may issue a temporary permit upon application and payment of all fees required for issuance of a regular license of the same type, which shall allow such person to perform services as if fully licensed for a set period of time that is determined to be sufficient by the Commissioner for the applicant to complete such requirements.

1. After completing those additional requirements and providing the Commissioner with sufficient proof thereof as may be required, a full license shall be issued to the applicant with an issuance date of the original issuance of the temporary permit and an expiration date as if the full license had been issued at that time.

2. A temporary permit shall be issued for a period no longer than the length of a renewal cycle for a full license of the same type.

3. A temporary permit shall expire upon the date set by the Commissioner and shall not be subject to renewal except through the completion of the requirements for substantial equivalency as required by the Commissioner or by an extension of time granted by the Commissioner for good cause.

4. Should an extension to a temporary permit cause the permit to be in effect longer than the renewal cycle of a full license, then the holder of the temporary permit shall file a renewal application with such documentation and fees, including completion of continuing education, as are required by the Commissioner for all other renewals of a full license of the same type.

(c) Military education, training, or experience completed by a person described at T.C.A. § 4-3-1304(d)(2)(A) shall be accepted toward the qualifications, in whole or in part, to receive any license issued by the Commissioner if such military education, training, or experience is determined by the Commissioner to be substantially equivalent to the education, training, or experie nce required for the issuance of such license.

(11) Any licensee who is a member of the National Guard or a reserve component of the armed forces of the United States called to active duty whose license expires during the period of activation shall be eligible to be renewed upon the licensee being released from active duty without:

(a) Payment of late fees or other penalties; or (b) Obtaining continuing education credits when:

1. Circumstances associated with the person’s military duty prevented the obtaining of continuing education credits and a waiver request has been submitted to the Commissioner; or 2. The person performs the licensed or certified occupation as part of such person’s military duties and provides documentation sufficient to demonstrate such to the Commissioner.

(12) The license, certification or permit shall be eligible for renewal pursuant to Paragraph (11) for six (6) months from the person’s release from active duty.

(13) Any person renewing under Paragraph (11) shall provide the Commissioner such supporting documentation evidencing activation as may be required by the Commissioner prior to the renewal of any license pursuant to Paragraph (11).

History

• Authority: T.C.A. §§ 62-26-204, 62-26-205, 62-26-206, 62-26-208, 62-26-217, 62-35-129, and 62-35- 143.
• Administrative History: Original rule filed August 24, 1992; effective October 8, 1992. Amendment filed March 3, 1995; effective May 17, 1995. Amendment filed February 8, 2012; effective May 8, 2012. Amendment filed August 14, 2015; effective November 12, 2015. Amendments filed March 22, 2023; effective June 20, 2023.

Tenn. Comp. R. & Regs. 1175-01-.05 CHANGE OF COMPANY AFFILIATION AND CHANGE OF ADDRESS

(1) A licensee or an applicant shall notify the Commissioner in writing within thirty (30) days of any change in his or her home address.

(2) A licensee or an applicant shall notify the Commission in writing within thirty (30) days of any change in company affiliation.

History

• Authority: T.C.A. 62-26-213, 62-35-129, and 62-35-143.
• Administrative History: Original rule filed August 24, 1992; effective October 8, 1992. Amendment filed September 19, 2003; effective December 3, 2003. Amendments filed March 22, 2023; effective June 20, 2023.

Tenn. Comp. R. & Regs. 1175-01-.06 NOTIFICATION OF TERMINATION

An investigations company shall notify the Commissioner in writing within thirty (30) days of the death or termination of a private investigator. In the case of termination, the company shall state the reason for such termination.

History

• Authority: T.C.A. 62-26-213, 62-35-129, and 62-35-143.
• Administrative History: Original rule filed August 24, 1992; effective October 8, 1992. Amendments filed March 22, 2023; effective June 20, 2023.

Tenn. Comp. R. & Regs. 1175-01-.07 INVESTIGATIONS AND COMPLAINTS

(1) The Commissioner may investigate any person engaged, or suspected of engaging, in any business or activity regulated under the Act.

(2) Upon receipt of any written complaint against a licensee, the Commissioner may transmit a copy of such complaint to the accused party. Such party shall, within fourteen (14) days, file a written answer to the complaint with the Commissioner.

History

• Authority: T.C.A. §§ 62-26-217, 62-35-129, and 62-35-143.
• Administrative History: Original rule filed August 24, 1992; effective October 8, 1992. Amendments filed March 22, 2023; effective June 20, 2023.

Tenn. Comp. R. & Regs. 1175-01-.08 PROHIBITED REPRESENTATION

No person shall represent that he or she, or any aspect of his or her business or activity, has been recommended or endorsed by the Commissioner or the Department.

History

• Authority: T.C.A. §§ 62-26-217, 62-35-129, and 62-35-143.
• Administrative History: Original rule filed August 24, 1992; effective October 8, 1992. Amendments filed March 22, 2023; effective June 20, 2023.

Tenn. Comp. R. & Regs. 1175-01-.09 SURRENDER OF LICENSE OR IDENTIFICATION CARDS

Any license or identification card which is revoked or suspended by the Commissioner shall be surrendered to the Commissioner within ten (10) days of the effective date of the revocation or suspension.

History

• Authority: T.C.A. §§ 62-26-217, 62-35-129, and 62-35-143.
• Administrative History: Original rule filed August 24, 1992; effective October 8, 1992. Amendments filed March 22, 2023; effective June 20, 2023.

Tenn. Comp. R. & Regs. 1175-01-.10 COPY FEE

Upon request, any person not entitled under T.C.A. § 62-26-220 of the Act to a free copy thereof and of any rules promulgated thereunder may obtain a copy from the Commissioner for a fee of five dollars and no cents ($5.00).

History

• Authority: T.C.A. §§ §§ 62-26-220, 62-35-129, and 62-35-143.
• Administrative History: Original rule filed August 24, 1992; effective October 8, 1992. Amendment filed September 19, 2003; effective December 3, 2003. Amendments filed March 22, 2023; effective June 20, 2023.

Tenn. Comp. R. & Regs. 1175-01-.11 LICENSE FEES

(1) The fees for licenses and applications are as follows:

Application fee for private investigator.................................................................... $150.00 Investigation company application fee:

Number of private investigators employed by company:

Sole practitioner .................................................................................................... $250.00 Two to five (2-5) employees ................................................................................. $500.00 Over five (5) employees ...................................................................................... $1000.00 Application fee for branch office ........................................................................... $100.00 (when the branch office is not included in the original company application.)

Private Investigator license ................................................................................... $100.00 In vestigation company license fee:

Number of private investigators employed by the company:

Sole practitioner .................................................................................................... $125.00 Two to five (2-5) employees ................................................................................. $250.00 Over five (5) employees ....................................................................................... $500.00 Branch company office license ............................................................................. $100.00 (2) The fee for a duplicate license is twenty-five dollars ($25.00).

(3) The fees for retirement and activation of a private investigator’s license are as follows:

Retirement of a private investigator’s license ....................................................... $100.00 Reactivation of retired private investigator’s license ............................................ $100.00 (4) For the purposes of assessing the correct investigations company application and license fees, the employees referenced in T.C.A. § 62-26-208(a) and (b) and this rule shall be identified as licensed private investigators, private investigator license applicants and private investigator apprentices affiliated with the investigations company. Investigations company license applicants whose licenses have not yet been issued and who prior to such issuance add any number of investigators above that number listed when application was made shall, prior to issuance, pay all application and license fees which would have been due had the additional private investigators been listed on the notarized statement submitted with the initial application. An individual who applies for an investigations company license but is not a licensed private investigator and who at the time of issuance of that license has not yet employed a licensed private investigator shall be considered a sole practitioner for the

purpose of issuing the l icense.

History

• Authority: T.C.A. §§ 62-26-204(e), 62-26-205, 62-26-208, and 62-26-303.
• Administrative History: Original rule filed August 24, 1992; effective October 8, 1992. Amendment filed June 9, 2003; effective August 23, 2003. Amendment filed September 19, 2003; effective December 3, 2003. Amendment filed September 12, 2006; effective November 26, 2006. Amendment filed February 8, 2012; effective May 8, 2012.

Tenn. Comp. R. & Regs. 1175-01-.12 RENEWAL FEES

(1) The fees for renewals of licenses are as follows:

Private investigator ......................................................................................................... $100.00 Investigation company renewal fee:

Number of private investigators employed by company Sole practitioner .................................................................................................... $250.00 Two to five (2-5) employees ................................................................................. $500.00 Over five (5) employees ..................................................................................... $1000.00 Branch company office ......................................................................................... $100.00 Late renewal penalty............................................................................................. $100.00 (2) The fees for renewal of a retired private investigator’s license shall be as follows:

Retired licenses ................................................................................................................ $25.00 Penalty for late renewal of retired license.................................. ................................ $50.00 (3) For the purposes of assessing the correct investigations company renewal fees, the employees referenced in T.C.A. § 62-26-211(b) and this rule shall be identified as licensed private investigators, private investigator license applicants and private investigator apprentices affiliated with the investigations company. Investigations company license renewal applicants whose licenses have not yet been renewed and who prior to such renewal add any number of investigators above that number listed when renewal application was made shall, prior to renewal, pay all renewal fees which would have been due had the additional private investigators been listed on the notarized statement submitted with the renewal application. Upon the employment of licensed private investigators, an individual holding an investigations company license as a sole proprietor pursuant to Paragraph (4) of

Rule 1175-01-.11 shall not be counted in the total number of private investigators employed by that investigations company for the purpose of assessing the correct investigations company renewal fee.

(4) All lat e fees must be paid within the thirty (30) days prescribed by T.C.A. § 62-26-211(c).

History

• Authority: T.C.A. §§ 62-26-204, 62-26-205, 62-26-208, 62-26-211, and 62-26-303.
• Administrative History: Original rule filed August 24, 1992; effective October 8, 1992. Amendment filed June 9, 2003; effective August 23, 2003. Amendment filed February 8, 2012; effective May 8, 2012.

Tenn. Comp. R. & Regs. 1175-01-.13 REPEALED

History

• Authority: T.C.A. §§ 62-26-204, 62-26-205, 62-26-208, 62-26-211, and 62-26-303.
• Administrative History: Original rule filed August 24, 1992; effective October 8, 1992. Repeal filed March 3, 1995; effective May 17, 1995. Amendment filed February 8, 2012; effective May 8, 2012.

Tenn. Comp. R. & Regs. 1175-01-.14 SEVERABILITY CLAUSE

If any provision of these rules or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the rules which can be given effect without the invalid provisions or application, and to that end the provision of these rules are declared to be severable.

History

• Authority: T.C.A. § 62-26-303.
• Administrative History: Original rule filed August 24, 1992; effective October 8, 1992.

Tenn. Comp. R. & Regs. 1175-01-.15 CIVIL PENALTIES

(1) With respect to any person, partnership, firm, association, corporation, or entity that is licensed or required to be licensed as a private investigator or private investigations company, the Commissioner may, in addition to or in lieu of any other lawful disciplinary action, assess a civil penalty against such person, partnership, firm, association, corporation, or entity for each separate violation of a statute, rule, or order pertaining to the Commissioner in accordance with the following schedule:

Violation Penalty (a) T.C.A. § 62-26-217(a)(1) $1 - $2,000 (b) T.C.A. § 62-26-217(a)(2) $1 - $2,000 (c) T.C.A. § 62-26-217(a)(3) $1 - $2,000 (d) T.C.A. § 62-26-217(a)(4) $1 - $2,000 (e) T.C.A. § 62-26-217(a)(5) $1 - $2,000 (2) In determining the amount of any civil penalty to be assessed pursuant to this rule, the Commissioner may consider such factors as the following:

(a) Whether the amount imposed will be a substantial economic deterrent to the violator;

(b) The circumstances leading to the violation;

(c) The severity of the violation or risk of harm to the public;

(d) The economic benefits gained by the violator as a result of non-compliance; and (e) The interest of the public.

History

• Authority: T.C.A. §§ 56-1-308, 62-26-217, 62-35-129, and 62-35-143.
• Administrative History: Original rule filed March 10, 1993; effective April 24, 1993. Amendment filed March 3, 1995; effective May 17, 1995. Amendment filed September 19, 2003; effective December 3, 2003. Amendments filed March 22, 2023; effective June 20, 2023.

Tenn. Comp. R. & Regs. 1175-01-.16 APPRENTICESHIPS

(1) An apprenticeship shall not commence until receipt by the applicant of written confirmation from the Commissioner that apprentice status has been granted.

(2) An apprentice shall not work without the direct supervision of a licensed investigator. Direct supervision shall mean in the direct physical presence of a licensed investigator.

(3) Any legal document relative to conducting or offering to conduct any investigation may not be executed by an apprentice.

(4) An apprentice shall at no time identify himself/ herself as a licensed investigator.

(5) Sponsoring companies are directly accountable and responsible for the investigative activities of their apprentice(s).

History

• Authority: T.C.A. §§ 62-26-207, 62-35-129, and 62-35-143.
• Administrative History: Original rule filed March 3, 1995; effective May 17, 1995. Amendments filed March 22, 2023; effective June 20, 2023.

Tenn. Comp. R. & Regs. 1175-01-.17 RETIRED LICENSES

(1) A private investigator who has retired his or her license shall remain subject to the disciplinary provisions contained in T.C.A. § 62-26-217 and shall be obliged to comply with the notice provisions contained in T.C.A. § 62-26-213.

(2) For the purpose of retirement of a private investigator license, the licensee must be in good standing with the Commissioner and in compliance with all applicable law and rules.

(3) Prior to returning the license to an active status, the licensee will be required to complete the continuing professional education requirements for the renewal period from which the license is returned to active status.

History

• Authority: T.C.A. §§ 62-26-205, 62-26-208, 62-26-211, 62-26-225, 62-35-129, and 62-35-143.
• Administrative History: Original rule 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 June 20, 2023.

Tenn. Comp. R. & Regs. 1175-01-.18 EXCEPTIONS TO APPLICABILITY

(1) For purposes of T.C.A. § 62-26-223(b)(3)(A), the term “employee” shall be defined as an individual to whom wages are paid by the attorney or law firm and from whose wages Federal Income Tax and/or Federal Insurance Contributions Act monies are withheld by the attorney or law firm.

(2) The activities performed by the National Insurance Crime Bureau, a non-profit organization, are not required to be performed by a licensed private investigator.

(3) Persons performing the duties of a mortgage default inspector are not required to obtain a private investigator license provided that these persons only interview the homeowner/mortgagor to determine the reason for delinquency in payments. Additionally, if the property is vacant or appears to be so, the company representative performing these duties may talk to neighbors to verify occupancy status of the subject property and, after completion of duties, may file a report with the mortgage company detailing the findings.

(4) Persons who perform the services of a “mystery shopper” or who are employed as a “mystery shopper” are not required to be licensed as a private investigator, as long as the “mystery shopper” is not performing private investigation services as defined in T.C.A. § 62-26-202(6) and (10). A “mystery shopper” is someone who is employed by a retail organization to assess the functioning of the retail organization, including but not limited to customer service and product quality.

(5) Court reporters and persons who perform videographer services for depositions are not required to obtain a private investigator license.

History

• Authority: T.C.A. §§ 62-26-205, 62-26-208, 62-26-223, and 62-26-303.
• Administrative History: Original rule 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.

Tenn. Comp. R. & Regs. 1175-01-.19 EVALUATION OF REQUIRED EXPERIENCE

(1) An applicant for an investigations company license may meet the experience requirement of T.C.A. § 62-26-206 by submitting a detailed resume, a sworn statement that the applicant has the minimum amount of experience for the appropriate designation, and verification of two thousand (2,000) hours of compensated investigative experience. Acceptable proof of experience includes documentation from previous employers, submitted on each previous employer’s letterhead, stating the number of hours for which the applicant was compensated and a detailed job description showing actual work experience as a private investigator. The Commissioner may consider other proof in his or her d iscretion.

(2) An applicant for an investigations company license may meet the education requirement of T.C.A. § 62-26-206 by submitting to the Commissioner transcripts from an a ccredited college or university showing the course of study along with the number of hours completed and evidence of any degree earned. The Commissioner has the discretion to review any submitted degree programs and fields of study for acceptability.

(3) Military service may be acceptable experience to meet these qualifications if the applicant documents two thousand (2,000) hours of verifiable, compensated experience while serving in an investigative capacity with any federal, U.S. armed forces, state, county or municipal law enforcement agency or any other governmental agency.

(4) Out-of-state applicants who own or operate their own investigations company, and who are not required to hold a license or registration in their state of residence, must provide the following documentation:

(a) A city, county, or state business license showing the issuance and expiration date;

(b) A federal tax identification number;

(c) Federal tax returns; and/or (d) Corporate charter information documenting the state where the applicant corporation was originally chartered and the date on which the applicant corporation was chartered.

(e) The Commissioner may consider documentation other than the above as acceptable in the Commissioner’s discretion.

(5) A “letter of good standing” is required from each jurisdiction for which the applicant holds a license or registration. The “letter of good standing” must detail how the applicant qualified for the license or registration, the date on which the license or registration was issued and the current license or registration status. A statement regarding any disciplinary action taken against the license or registration in any applicable jurisdiction is also required.

History

• Authority: T.C.A. 62-26-206, 62-35-129, and 62-35-143.
• Administrative History: Original rule filed February 8, 2012; effective May 8, 2012. Amendments filed March 22, 2023; effective June 20, 2023.

Chapter 1175-02 Continuing Professional Education

Tenn. Comp. R. & Regs. 1175-02-.01 DEFINITIONS

(1) As used in this chapter:

(a) “Commissioner” means the Commissioner of the Department of Commerce and Insurance and/or the Commissioner’s designee;

(b) “License” shall mean a Tennessee Private Investigator license issued in accordance with T. C.A. §§ 62-26-201 et seq.

(c) “Licensee” shall mean a private investigator licensed in accordance with T.C.A. §§ 62- 26-201 et seq.

History

• Authority: T.C.A. §§ 62-26-202, 62-26-225, 62-35-129, and 62-35-143.
• Administrative History: Original rule filed August 12, 1994; effective October 26, 1994. Amendment filed September 19, 2003; effective December 3, 2003. Amendments filed March 22, 2023; effective June 20, 2023.

Tenn. Comp. R. & Regs. 1175-02-.02 PURPOSE

The Private Investigators Licensing and Regulatory Act, as amended, requires each licensed private investigator to receive twelve (12) hours of continuing professional education during each two (2) year period prior to renewal as a prerequisite for keeping the license valid. The purposes of this chapter are to prescribe the basic continuing education requirements for present and future licensees; to establish standards by which continuing education will be evaluated for the awarding of credit; and to ensure compliance with the Act.

History

• Authority: T.C.A. § 62-26-225(a) and (c) and 62-26-603
• Administrative History: Original rule filed August 12, 1994; effective October 26, 1994. Amendment filed September 12, 2006; effective November 26, 2006.

Tenn. Comp. R. & Regs. 1175-02-.03 QUALIFYING PROGRAMS

(1) In order to qualify for credit toward satisfaction of the continuing professional education requirements of Tenn. Code Ann. § 62-26-225, the continuing education program must be a formal program of learning which contributes directly to the professional competence of the licensee.

(2) Formal programs requiring attendance may only be considered if:

(a) An outline is prepared and preserved, (b) The unit program is at least one (1) hour (1 credit hour = 50 minutes) in length, (c) The program is conducted by a qualified instructor, discussion leader or lecturer, and (d) A record of registration and attendance is maintained and certified by the signatures of an authorized representative of the organization sponsoring the program.

(3) Subject to compliance with paragraphs (1) and (2) of this rule, the following are deemed to be qualifying programs:

(a) University or college courses, provided that:

1. Successful completion of a semester or quarter length course will satisfy the continuing professional education requirement for the year in which it is taken, and 2. The courses are relevant to the investigative industry;

(b) Programs of investigative associations and organizations recognized by the Commissioner; and (c) Programs of other organizations and associations recognized by the Commissioner (i.e., legal, certified fraud examiners, polygraph license holders, and other professional organizations, etc.).

(4) Formal correspondence and other individual study programs which require registration and provide evidence of satisfactory completion may qualify for continuing education credit in an amount to be determined by the Commissioner.

(5) Continuing education credit will be allowed for service as an instructor, discussion leader or speaker at any program for which participants are eligible to receive continuing education credit. Credit for such service shall be allowed on the first presentation only, unless the program has been substantially revised. One (1) hour of instruction will equal one (1) hour of CPE.

(6) Any program of continuing education not specifically mentioned by this rule may be submitted to the Commissioner for evaluation and approval.

(7) The Commissioner specifically reserves the right to approve or disapprove credit for continuing education claimed under this rule.

(8) No carryover of hours from renewal period to the next renewal period is permitted.

History

• Authority: T.C.A. §§ 62-26-225, 62-35-129, and 62-35-143.
• Administrative History: Original rule filed August 12, 1994; effective October 26, 1994. Amendment filed September 19, 2003; effective December 3, 2003. Amendment filed September 12, 2006; effective November 26, 2006. Amendments filed March 22, 2023; effective June 20, 2023.

Tenn. Comp. R. & Regs. 1175-02-.04 SPONSORS

(1) The sponsor of any continuing education program must seek approval of such program by registering with the Commissioner in the prescribed form at least 30 days prior to the program being offered for continuing professional education credit. Such form shall include certification that the program sponsored will conform to the provisions of this chapter.

(2) The sponsor of each continuing education program shall keep detailed records, including:

(a) The date and location of the program presentation;

(b) The names of each instructor and their qualifications in resume format;

(c) A list of licensees attending each program presentation; and (d) A written outline of the program agenda.

(3) The records required by paragraph (2) of this rule shall be maintained for a period of five (5) years following the date of each program presentation.

(4) The sponsor of any continuing education program approved by the Commissioner may advise attendees of such approval and the number of continuing hours allowed.

History

• Authority: T.C.A. §§ 62-26-225, 62-35-129, and 62-35-143.
• Administrative History: Original rule filed August 12, 1994; effective October 26, 1994. Amendments filed March 22, 2023; effective June 20, 2023.

Tenn. Comp. R. & Regs. 1175-02-.05 WITHDRAWAL OF PROGRAM APPROVAL

(1) Approval of any program may be withdrawn by the Commissioner if:

(a) The establishment or conduct of a program violates, or fails to meet the requirements of, the provisions of this chapter or other applicable law;

(b) The information contained in the application for approval is materially inaccurate or misleading;

(c) The sponsor, an instructor, or any representative of the sponsor disseminates false or misleading information concerning any program; or (d) The performance of the instructor is so deficient as to impair significantly the value of the program; provided, however, that the instructor shall receive adequate notice of the discovered deficiency and the opportunity to demonstrate satisfactory correctio n thereof.

History

• Authority: T.C.A. §§ 62-26-225, 62-35-129, and 62-35-143.
• Administrative History: Original rule filed August 12, 1994; effective October 26, 1994. Amendments filed March 22, 2023; effective June 20, 2023.

Tenn. Comp. R. & Regs. 1175-02-.06 CONTROL AND REPORTING SYSTEM

(1) Each sponsor shall submit, within fifteen (15) days of the completion of the program, to the Commissioner, in approved form, a list of the names of each licensee in attendance, their respective license numbers, and the number of hours each attended.

(2) It shall be the responsibility of each licensee to provide the licensee’s name and license number to the sponsor at the time of registration for any Commissioner-approved continuing professional education program. If the licensee fails to provide the lic ense number to the sponsor, the licensee may not receive credit for the program from the Commissioner.

(3) If any continuing professional education credit hours claimed in a statement, report, or certification submitted by a sponsor are disapproved, the Commissioner shall notify the sponsor of the reason for disapproval and may allow a specified time for correction or explanation of the deficiency(ies). If a licensee has made the submission, the licensee shall be notified and given a specified time to explain or correct the deficiency(ies).

History

• Authority: T.C.A. §§ 62-26-225, 62-35-129, and 62-35-143.
• Administrative History: Original rule filed August 12, 1994; effective October 26, 1994. Amendments filed March 22, 2023; effective June 20, 2023.

Tenn. Comp. R. & Regs. 1175-02-.07 EXTENSION OF TIME

(1) The Commissioner may, upon written request, extend the time within which a licensee must comply with the requirements of this chapter for reasons of poor health, military service, or other reasonable and just causes.

(2) Any licensee who requests and is granted an extension of time under this rule shall remain subject to the provisions of this chapter and shall note such extension on any report or correspondence thereafter submitted until such time as the extension and reason for it are no longer pertinent.

(3) Each extension of time granted by the Commissioner shall be reviewed every six (6) months for the purpose of determining whether good cause exists to continue such extension.

History

• Authority: T.C.A. §§ 62-26-226, 62-35-129, and 62-35-143.
• Administrative History: Original rule filed August 12, 1994; effective October 26, 1994. Amendments filed March 22, 2023; effective June 20, 2023.

Tenn. Comp. R. & Regs. 1175-02-.08 FAILURE TO COMPLETE REQUIRED CONTINUING PROFESSIONAL EDUCATION

If the required continuing professional education is not completed on or prior to the expiration date of the license, a late fee will be assessed. If the required continuing education is not completed within thirty (30) days of the license expiration date, the renewal application will not be accepted or approved. If a late fee is assessed, no license will be approved until such late fee is paid in full.

History

• Authority: T.C.A. §§ 62-26-205, 62-26-208, 62-26-211, 62-26-217, 62-26-225, and 62-26-303.
• Administrative History: Original rule filed August 12, 1994; effective October 26, 1994. Amendment filed February 8, 2012; effective May 8, 2012.

Tenn. Comp. R. & Regs. 1175-02-.09 REACTIVATION OF RETIRED LICENSES

A private investigator who wishes to reactivate a retired license pursuant to Tenn. Code Ann. § 62-26- 204(e)(2) must first complete the continuing professional education requirements set forth in Tenn. Code Ann. § 62-26-225 for the renewal period in which the retiree wishes to reactivate.

History

• Authority: T.C.A. §§ 62-26-204 and 62-26-303.
• Administrative History: Original rule filed June 9, 2003; effective August 23, 2003. Amendment filed September 19, 2003; effective December 3, 2003. Amendment filed September 12, 2006; effective November 26, 2006.

Chapter 1175-03 Private Investigator Training

Tenn. Comp. R. & Regs. 1175-03-.01 DEFINITIONS

(1) As used in this chapter:

(a) “Commissioner” means the Commissioner of the Tennessee Department of Commerce and Insurance and/or the Commissioner’s designee.

(b) “Course” shall mean an individual subject of study.

(c) “Training Program” shall mean a program comprised of one or more courses training individuals to become private investigators for a fee.

(2) As used in this chapter and in Tenn. Code Ann. § 62-26-226, both “Proprietary Entity” and “Proprietary Agency” shall mean a training school for profit owned by a sole proprietor, partnership, corporation or other legally recognized business entity in this state.

History

• Authority: T.C.A. §§ 62-26-202, 62-26-226, 62-35-129, and 62-35-143.
• Administrative History: Original rule filed March 3, 1995; effective May 17, 1995. Amendment filed September 19, 2003; effective December 3, 2003. Amendments filed March 22, 2023; effective June 20, 2023.

Tenn. Comp. R. & Regs. 1175-03-.02 CERTIFIED TRAINER APPLICANT REQUIREMENTS

(1) Each individual applicant for a certified trainer certificate must:

(a) Be at least twenty-one (21) years of age;

(b) Hold a four (4) year degree from an accredited college or university acceptable to the Commissioner;

(c) Have at least three (3) years of supervisory experience, satisfactory to the Commissioner, with an investigative company, proprietary entity, or any federal, United States military, state, county, or municipal law enforcement agency;

(d) Have an active Tennessee private investigator license;

(e) Be personally qualified to conduct the training the applicant intends to offer;

(f) Not have been convicted of a felony or of a misdemeanor involving moral turpitude;

(g) Not be addicted to alcohol or drugs to the extent that it interferes with the applicant’s ability or capacity to perform his or her professional duties or responsibilities as a certified trainer; and (h) Have a set of classifiable fingerprints on file with the Commissioner.

History

• Authority: T.C.A. §§ 62-26-226, 62-35-129, and 62-35-143.
• Administrative History: Original rule filed March 3, 1995; effective May 17, 1995. Amendments filed March 22, 2023; effective June 20, 2023.

Tenn. Comp. R. & Regs. 1175-03-.03 CERTIFIED TRAINER APPLICATION

(1) An application for a certified trainer certificate shall be filed with the Commissioner in the prescribed form. The application shall include:

(a) The full name and business address of the applicant;

(b) Date and place of birth;

(c) A resume outlining the education and experience of the applicant;

(d) Documentary evidence that the qualifications required in Rule 1175-3-.02 have been met;

(e) The name, age, and experience qualifications of any assistant trainer whom the applicant intends to appoint to assist in the implementation of the training program; and (f) Certification that the applicant has read and is familiar with the Private Investigators Licensing and Regulatory Act, T.C.A. §§ 62-26-201 et seq., as well as the rules related to the Private Investigators Licensing and Regulatory Act.

(2) The Commissioner shall be notified in writing within ten (10) days of any material change in inf ormation furnished in connection with an application for trainer certification.

(3) The nonrefundable application fee for certification as a trainer shall be one hundred fifty dollars ($150.00). Upon the approval of a certified trainer application, the applicant shall pay a fee of two hundred fifty dollars ($250.00) for certification. Certification shall expire two (2) years after the date of issuance and shall be renewable biennially for a fee of two hundred fifty dollars ($250.00).

History

• Authority: T.C.A. §§ 62-26-226, 62-35-129, and 62-35-143.
• Administrative History: Original rule filed March 3, 1995; effective May 17, 1995. Amendment filed September 19, 2003; effective December 3, 2003. Amendments filed March 22, 2023; effective June 20, 2023.

Tenn. Comp. R. & Regs. 1175-03-.04 APPOINTMENT OF ASSISTANT TRAINERS

(1) A certified trainer shall ensure that each appointed assistant trainer:

(a) Is a college graduate and holds a four (4) year degree; however, two (2) years of experience in a related field may be substituted for each single year of college;

(b) Is qualified in his/her field of instruction by educational background or work experience; and (c) Is of good moral character.

(2) Any certified trainer appointing an assistant shall at the time of such appointment submit to the Commissioner documentation that the assistant is in compliance with T.C.A. § 62-26- 226(c).

(3) Assistant trainers shall be under the supervision and control of the certified trainer by whom they were appointed. The certified trainer shall be held accountable for the performance of each assistant trainer.

History

• Authority: T.C.A. §§ 62-26-226, 62-35-129, and 62-35-143.
• Administrative History: Original rule filed March 3, 1995; effective May 17, 1995. Amendment filed September 19, 2003; effective December 3, 2003. Amendments filed March 22, 2023; effective June 20, 2023.

Tenn. Comp. R. & Regs. 1175-03-.05 CERTIFIED TRAINING COMPANY APPLICANT REQUIREMENTS

(1) Any sole proprietor, partnership, corporation, or other legally recognized business entity in this state, not presently licensed as a private investigation company by this state and desiring to offer private investigator training for a fee, shall submit to the Commissioner an application for certification as a training company which shall include:

(a) The full name and business address of the applicant; if the applicant is a partnership, the name and address of each partner, if a corporation, the name and address of a designated agent for the corporation;

(b) The name and certificate number of each certified trainer to be employed by the company; and (c) Certification that the applicant or the designee thereof has read and is familiar with the Private Investigators Licensing and Regulatory Act, T.C.A. §§ 62-26-201 et seq., and the related rules and regulations.

(2) The Commissioner shall be notified in writing within ten (10) days of any material change in information furnished in connection with an application for company certification.

(3) The non-refundable application fee for company certification shall be five hundred dollars ($500.00). Upon the approval of a company application, the applicant shall pay a company certification fee of five hundred dollars ($500.00). Certification shall expire two (2) years after the date of issuance and shall be renewable biennially for a fee of one thousand dollars ($1,000.00).

History

• Authority: T.C.A. §§ 62-26-226, 62-35-129, and 62-35-143.
• Administrative History: Original rule filed March 3, 1995; effective May 17, 1995. Amendment filed September 19, 2003; effective December 3, 2003. Amendments filed March 22, 2023; effective June 20, 2023.

Tenn. Comp. R. & Regs. 1175-03-.06 MINIMUM CERTIFIED TRAINING PROGRAM REQUIREMENTS

Each certified trainer or training company shall:

(1) Provide each student a syllabus/outline prior to their enrollment in a training program. This syllabus/outline shall include:

(a) The number and type of course(s) to be taught in the training program;

(b) The amount of time to be devoted to each course;

(c) The title and author of each textbook to be utilized by the certified or assistant trainer(s) in their instruction. If students are required to purchase texts for a program or course, information as to where such text(s) may be purchased and the approximate price thereof should also be included;

(d) The name of each certified trainer responsible for the administration of the training program and the name of each certified or assistant trainer to be utilized in the implementation of the program;

(e) All fees to be charged to enroll in and complete the training program;

(f) The maximum number of students to be enrolled in the program at any one time; and (g) A statement informing prospective students that the training to be provided is not required in order to obtain a private investigator’s license.

(2) Maintain a record of each student enrolled in the training program for a period of three (3) years after the student’s completion thereof. Such records shall be made available to the Commissioner upon reasonable request.

(3) Provide classroom space to adequately accommodate students. Students should be seated at individual desks, tables or in a proper learning environment.

History

• Authority: T.C.A. §§ 62-26-226, 62-35-129, and 62-35-143.
• Administrative History: Original rule filed March 3, 1995; effective May 17, 1995. Amendments filed March 22, 2023; effective June 20, 2023.

Tenn. Comp. R. & Regs. 1175-03-.07 MONITORING OF TRAINING PROGRAMS

By applying for certification as a trainer and/or training company, an applicant agrees to permit periodic monitoring of his/her/its training program by the Commissioner for the purpose of evaluating the program content, i nstructor performance, or any other relevant aspect of the administration and conduct of such training program.

History

• Authority: T.C.A. §§ 62-26-226, 62-35-129, and 62-35-143.
• Administrative History: Original rule filed March 3, 1995; effective May 17, 1995. Amendments filed March 22, 2023; effective June 20, 2023.

Tenn. Comp. R. & Regs. 1175-03-.08 WITHDRAWAL OF CERTIFICATION

(1) The Commissioner may revoke or suspend the certification of a trainer or training company if, after reasonable notice and opportunity for hearing, the Commissioner finds that such trainer or company:

(a) Has violated any provision of the Private Investigators Licensing and Regulatory Act, this chapter, or any other chapter of the rules related to the Private Investigators Licensing and Regulatory Act;

(b) Has become certified through fraud or misrepresentation;

(c) Has fal sified any statement or record required to be submitted or kept hereunder;

(d) Has been convicted by a court of competent jurisdiction of a felony or a misdemeanor, if the Commissioner finds that such conviction reflects unfavorably on the trainer’s fitness for certification;

(e) Is demonstrably incompetent to conduct private investigator training;

(f) Has made any material misrepresentation as to the information contained in the syllabus/outline provided to prospective students; or (g) Is guilty of misconduct or gross negligence in the operation of a training program.

(2) If an individual wishes to terminate his or her status as a certified trainer, he or she shall notify the Commissioner in writing. The notice shall include the effective date of the desired termination and shall be accompanied by the certified trainer’s original certificate.

History

• Authority: T.C.A. §§ 62-26-226, 62-35-129, and 62-35-143.
• Administrative History: Original rule filed March 3, 1995; effective May 17, 1995. Amendments filed March 22, 2023; effective June 20, 2023.

Tenn. Comp. R. & Regs. 1175-03-.09 COMPLETION OF TRAINING

Upon the completion of each training program, the certified trainer shall submit to the Commissioner a certified list of the names and addresses of those individuals successfully completing the program.

History

• Authority: T.C.A. §§ 62-26-226, 62-35-129, and 62-35-143.
• Administrative History: Original rule filed March 3, 1995; effective May 17, 1995. Amendments filed March 22, 2023; effective June 20, 2023.

Tenn. Comp. R. & Regs. 1175-03-.10 PROHIBITED REPRESENTATIONS

No certified trainer, training company, or assistant trainer shall represent that he, she, or it or any aspect of his, her, or its business or activity has been recommended or endorsed by the Commissioner.

History

• Authority: T.C.A. §§ 62-26-226, 62-35-129, and 62-35-143.
• Administrative History: Original rule filed March 3, 1995; effective May 17, 1995. Amendments filed March 22, 2023; effective June 20, 2023.

Tenn. Comp. R. & Regs. 1175-03-.11 LIMITATIONS ON FIELD WORK

(1) Students of Private Investigation Training Programs may not participate in actual private investigation fieldwork. They may, however, participate in mock fieldwork exercises supervised by a certified or assistant trainer.

(2) No certified trainer or assistant trainer may utilize students in his or her training program as apprentice investigators without prior approval of the Commissioner.

History

• Authority: T.C.A. §§ 62-26-226, 62-35-129, and 62-35-143.
• Administrative History: Original rule filed March 3, 1995; effective May 17, 1995. Amendments filed March 22, 2023; effective June 20, 2023.

Chapter 1175-04 Rules of Professional Conduct and Standards of Practice

Tenn. Comp. R. & Regs. 1175-04-.01 APPLICABILITY

The provisions of this chapter shall apply to any person licensed to conduct private investigations in this state, and to any partnership or corporation engaged in the practice of private investigations. For the

purpose of this chapter, unless the context otherwise requires, the word “licensee” includes any person, partnership, or corporation.

History

• Authority: T.C.A. § 62-26-303(b).
• Administrative History: Original rule filed March 3, 1995; effective May 17, 1995.

Tenn. Comp. R. & Regs. 1175-04-.02 PROPER CONDUCT OF PRACTICE

(1) The licensee shall at all times recognize the primary obligation to protect the health, safety and welfare of the public in the performance of the licensee’s professional duties.

(2) A licensee possessing knowledge of a violation of T.C.A. Ti tle 62, Chapter 26, or any rules promulgated thereunder, should report such knowledge to the Commissioner in writing and should cooperate with the Commissioner in furnishing such further information or assistance as may be required.

(3) If the licensee becomes aware of a decision taken by an employer, or client, against the licensee’s advice, which violates applicable federal, state or local laws and regulations or which may affect adversely the health, safety or welfare of the public, the licensee shall:

(a) Refuse to consent to the decision; and (b) In circumstances where the licensee reasonably believes that other such decisions will be taken notwithstanding the licensee’s objections, terminate services with reference to that employer or client.

History

• Authority: T.C.A. §§ 62-26-217, 62-35-129, and 62-35-143.
• Administrative History: Original rule filed March 3, 1995; effective May 17, 1995. Amendment filed September 19, 2003; effective December 3, 2003. Amendments filed March 22, 2023; effective June 20, 2023.

Tenn. Comp. R. & Regs. 1175-04-.03 SERVICE IN AREAS OF COMPETENCE

(1) The licensee shall perform services only in areas of his/her competence. The following acts or commissions, among others, may be deemed to be incompetence and be cause for denial, suspension or revocation of a private investigator’s license:

(a) Malpractice - includes but is not limited to recklessness, or excessive errors or omissions in the licensee’s professional practice.

(b) Disability - includes but is not limited to mental or physical disability or addiction to alcohol or drugs as to endanger health, safety and interest of the public by impairing skill and care in providing professional services.

(2) The licensee may accept an assignment requiring education or experience outside of his/her own field of competence, but only to the extent that his/her services are restricted to those phases of the assignment in which he/she is qualified.

(3) In providing services, the licensee shall take into account all applicable laws and regulations.

The licensee shall not knowingly provide services resulting in the violation of such laws and regulations.

History

• Authority: T.C.A. § 62-26-303(b).
• Administrative History: Original rule filed March 3, 1995; effective May 17, 1995.

Tenn. Comp. R. & Regs. 1175-04-.04 PUBLIC STATEMENTS

(1) The licensee shall be completely objective and truthful in all professional reports, statements, or testimony. He/she shall include all relevant and pertinent information in such reports, statements, or testimony.

(2) The licensee, when serving as an expert or technical witness before any court, commission, or other tribunal, shall express an opinion only when it is founded upon adequate knowledge of the facts in issue, upon a background of technical competence in the subject matter, and upon honest conviction of the accuracy and propriety of his/her testimony.

History

• Authority: T.C.A. § 62-26-303(b).
• Administrative History: Original rule filed March 3, 1995; effective May 17, 1995.

Tenn. Comp. R. & Regs. 1175-04-.05 CONFLICTS OF INTEREST

(1) The licensee shall not accept compensation (financial or otherwise) from more than one party for services on or relating to the same investigation, set of circumstances, court case, or issues unless all interested parties consent in writing after full disclosure by the licensee.

(2) The licensee shall avoid all known conflicts of interest with his/her employer or client, and shall promptly inform his/her employer or client of any business association, interest, or circumstance which could influence his/her judgment or the quality of his/her services. When such a conflict is unavoidable, the licensee shall forthwith disclose the circumstances to his/her employer or client.

(3) The licensee shall take reasonable steps to ascertain the existence of potential conflicts of interests among his/her employers and/or clients. A conflict exists when a private investigator, because of some personal interest, finds it difficult to devote himself with loyalty and singleness of purpose to the best interest of his/her client or employer.

(4) A private investigations company shall be responsible for avoiding conflicts of interest between:

(a) The company and the clients of any private investigator(s) affiliated with the company;

(b) The clients of one private investigator affiliated with the company and the clients of any other private investigator(s) affiliated with the company.

(5) No licensee or employee of a licensee shall contact or cause to be contacted any individual under investigation for the purpose of revealing confidential information to that individual. Any such contact with a subject being investigated, whether intentional or unintentional, shall be made a part of the investigative file of such case.

History

• Authority: T.C.A. § 62-26-303.
• Administrative History: Original rule filed March 3, 1995; effective May 17, 1995. Amendment filed June 9, 2003; effective August 23, 2003.

Tenn. Comp. R. & Regs. 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.

History

• Authority: T.C.A. §§ 62-26-217, 62-35-129, and 62-35-143.
• Administrative History: 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 June 20, 2023.

Tenn. Comp. R. & Regs. 1175-04-.07 CONFIDENTIAL CLIENT INFORMATION

(1) A licensee shall not disclose any confidential client information without the specific consent of the client.

(2) This rule shall not be construed to:

(a) Affect in any way the licensee’s obligation to comply with a validly issued and enforceable subpoena or summons;

(b) Prohibit review of a licensee’s professional practice by the Commissioner; or (c) Prohibit a licensee from utilizing any such relevant information in the defense of a claim asserted against the licensee.

History

• Authority: T.C.A. §§ 62-26-221, 62-35-129, and 62-35-143.
• Administrative History: Original rule filed March 3, 1995; effective May 17, 1995. Amendment filed September 19, 2003; effective December 3, 2003. Amendments filed March 22, 2023; effective June 20, 2023.

Tenn. Comp. R. & Regs. 1175-04-.08 WRITTEN REPORTS

Upon the request of a client in good standing, a licensee must submit a written report to that client or his/her designee. A written report shall include all relevant information obtained during the investigation.

History

• Authority: T.C.A. § 62-26-303(b).
• Administrative History: Original rule filed March 3, 1995; effective May 17, 1995.