Current through April 3, 2024
(1) Any applicant for initial registration,
licensure, or certification who is required to submit a complete and legible
set of fingerprints for the purpose of obtaining a criminal background check
pursuant to T.C.A. §
62-39-301 shall submit said
fingerprints in an electronic format.
(a) An
applicant for initial registration, licensure, or certification shall be deemed
to have supplied the required set of fingerprints if that applicant causes a
private company contracted by the State to electronically transmit that
applicant's classifiable prints directly to the TBI and FBI to forward an
electronic report based on that applicant's fingerprints to the
Commission.
(b) All sets of
classifiable fingerprints required by this rule shall be furnished at the
expense of the applicant for initial registration, licensure, or
certification.
(c) The applicant
for initial registration, licensure, or certification shall make the
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.
(d) All applicants for initial
registration, licensure, or certification shall in all cases be responsible for
paying application fees for registration, licensure, or certification as
established by the Commission in addition to any fees required to submit a
complete and legible set of fingerprints pursuant to T.C.A. §
62-39-102.
(2) In the event that an applicant for
initial registration, licensure, or certification furnishes unclassifiable
fingerprints or fingerprints which are unclassifiable in nature, the Commission
shall refuse to issue the requested registration, license, or certification.
(a) 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.
(b) Should an
applicant for initial registration, licensure, or certification's fingerprints
be rejected by the TBI or FBI, the applicant shall pay any fees assessed by the
TBI or FBI for resubmission.
(3) The provisions of this rule shall apply
to any applicant applying for initial registration, licensure, or certification
on or after January 1, 2015.
Authority: 2014 Pub. Chap. 621, T.C.A.
§§
62-39-102,
62-39-203, and
62-39-301.
