(a)

Terms Used In Tennessee Code 62-26-208

  • Commissioner: means the commissioner of commerce and insurance or the commissioner's designee. See Tennessee Code 62-26-202
  • Identification card: means a pocket card issued by the commissioner evidencing that the holder has met the qualifications required by this part to perform the duties of a private investigator in this state. See Tennessee Code 62-26-202
  • Investigations company: means any person who engages in the business or accepts employment to obtain or furnish information with reference to:
    (A) Crime or wrongs done or threatened against the United States or any state or territory of the United States. See Tennessee Code 62-26-202
  • Licensee: means any investigations company and private investigator licensed in accordance with this part. See Tennessee Code 62-26-202
  • Person: means any individual, firm, association, company, partnership, corporation, nonprofit organization, institution or similar entity. See Tennessee Code 62-26-202
  • Private investigator: means any person who performs one (1) or more services described in subdivision (6). See Tennessee Code 62-26-202
  • sex: means a person's immutable biological sex as determined by anatomy and genetics existing at the time of birth and evidence of a person's biological sex. See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(1) Upon receipt of an application for a license, accompanied by a nonrefundable, nonproratable application fee as set by the commissioner in accordance with subdivision (a)(2), the commissioner shall:

(A) Conduct an investigation to determine whether the statements made in the application are true;
(B) Request that the Tennessee bureau of investigation compare the fingerprints submitted with the application to fingerprints filed with the Tennessee bureau of investigation. On subsequent applications, the Tennessee bureau of investigation shall, at the request of the commissioner, review its criminal history files, based upon the name, date of birth, sex and race and social security number of an applicant whose fingerprints have previously been submitted to the bureau, for any new information since the date of the fingerprint comparison and shall furnish any information thereby derived to the commissioner; and
(C) Submit the fingerprints to the federal bureau of investigation for a search of its files to determine whether the individual fingerprinted has any recorded convictions.
(2) The nonrefundable, nonproratable application fees shall be set by the commissioner according to the following schedule:

Private investigator license $ ______________

Company license

Number of private investigators

Employed by company

Sole practitioner private investigator $ ______________

Two to five (2-5) employees $ ______________

Over five (5) employees $ ______________

(b) The commissioner shall issue a license, in a form that the commissioner prescribes, to qualified applicants upon receipt of a nonrefundable, nonproratable fee as set by the commissioner in accordance with the following schedule:

Private investigator license $ ______________

Company license

Number of private investigators

Employed by company

Sole practitioner private investigator $ ______________

Two to five (2-5) employees $ ______________

Over five (5) employees $ ______________

(c) If an application for a license is denied, the commissioner shall notify the applicant in writing and shall set forth the grounds for denial. If the grounds are subject to correction by the applicant, the notice of denial shall so state and specify a reasonable period of time within which the applicant must make the required correction.
(d) The commissioner shall issue with every private investigator license an identification card that shall contain at least the following information:

(1) Name;
(2) Photograph;
(3) Physical characteristics;
(4) Private investigator license number; and
(5) Expiration date of license.
(e) The identification card shall be issued in a wallet-sized card and shall be permanently laminated.
(f) The identification card shall be carried on the person of the licensee when engaged in the activities of the licensee.
(g) An application shall be accompanied by a notarized statement sworn to by the applicant as to the identity and number of private investigators employed by or affiliated with the investigations company. Making a false statement shall be punishable by a civil penalty not to exceed one thousand dollars ($1,000) and assessment of the maximum application fee.
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