(a) Any person may prefer charges in writing to the commissioner against any certificate holder, licensee, registrant or other person, firm or business offering alarm systems or services in violation of this part.
Terms Used In Tennessee Code 62-32-319
Certification: means the authority granted by the commissioner to do business as an alarm systems contractor. See Tennessee Code 62-32-303
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Good moral character: means an individual with high legal, moral and ethical values. See Tennessee Code 62-32-303
Person: includes a corporation, firm, company or association. 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
United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(b) The commissioner may, after notice and an opportunity for hearing, suspend or revoke a certification or license issued under this part if it is determined that the licensee or certified person has:
(1) Made any false statement or given any false information in connection with any application for a license or for the renewal or reinstatement of a license;(2) Violated any provision of this part;(3) Violated any rule promulgated by the commissioner pursuant to the authority contained in this part;(4) Been convicted of any crime indicating lack of good moral character. However, an action taken under this subdivision (b)(4) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title;(5) Failed to correct business practices or procedures that have resulted in a prior reprimand by the commissioner;(6) Impersonated or permitted or aided and abetted any other person to impersonate a law enforcement officer of the United States, this state or any of its political subdivisions;(7) Engaged in or permitted any employee to engage in any alarm contracting business when not lawfully in possession of a valid certification or license issued under this part;(8) Been convicted on an unlawful breaking or entering, assault, battery or kidnapping;(9) Been found guilty by the commissioner of misconduct, gross negligence or incompetence or committed any other act that is a ground for the denial of an application for a certification or a license under this part; or(10) Failed to maintain insurance and bond as required by this part.(c) The commissioner has the power to revoke or suspend any certification or license or renewal granted by it for any of the reasons stated in this section or for a failure to observe the terms and conditions of any certification, license or renewal.(d) The commissioner may refuse to issue or renew a certification or license to any person, firm or corporation for lack of financial stability, misconduct, gross negligence, lack of expertise, submission of false evidence with regard to application of license or renewal, conviction of a felony and any other conduct that constitutes improper, fraudulent or dishonest dealing or violation of this part.(e) The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, governs all matters and procedures regarding the hearing and judicial review of any contested case arising under this part.
