Tennessee Code Annotated

Title 62: Professions, Businesses and Trades

Chapter 11: Locksmith Licensing Act of 2006

TCA 62-11-106: Duties of the commissioner.

In accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, the commissioner shall:

(1) Promulgate rules reasonably necessary to implement and administer this chapter in an efficient and effective manner, including rules to require submission of reports and information by licensees and registrants under this chapter and promulgate rules and regulations that the commissioner deems necessary for internal management and control;

(2) (A) Establish fees sufficient to pay the annual direct and indirect anticipated expenses of this chapter, including:

(i) A nonrefundable application fee to include the cost of a Tennessee bureau of investigation (TBI) and federal bureau of investigation (FBI) background check for licensure;

(ii) A nonrefundable fee for licensure;

(iii) A biennial licensure renewal fee; and

(iv) An identification card replacement fee;

(B) (i) Notwithstanding any other law to the contrary, all moneys collected pursuant to this chapter shall be deposited in the state treasury in a separate fund to be known as the "locksmith and private security regulatory fund";

(ii) Disbursements from the fund shall be made solely for the purpose of defraying expenses incurred in the implementation and enforcement of this chapter, and the Private Protective Services Licensing and Regulatory Act, compiled in chapter 35 of this title;

(iii) No such expenses shall be payable from the general fund of the state;

(iv) Any part of the locksmith and private security regulatory fund remaining at the end of a fiscal year shall not revert to the general fund, but shall be carried forward to defray future expenses until all the funds are expended in accordance with this chapter and the Private Protective Services Licensing and Regulatory Act;

(3) Establish categories of licensing, such as general locksmithing, safe and vault work and automotive work, that may have different initial qualification and continuing education requirements;

(4) Establish minimum qualifications, minimum education, experience and training standards for applicants for licensure under this chapter. The commissioner may seek assistance from the locksmith organizations of this state, including the Tennessee Organization of Locksmiths, Middle Tennessee Locksmith Association, East Tennessee Locksmith Association, West Tennessee Chapter of ALOA, and any independent locksmiths willing to provide the assistance to the commissioner;

(5) Investigate and approve applicants to be licensed or registered under this chapter including a background check conducted by the commissioner and investigation by the TBI and FBI;

(6) Prepare a written examination. In preparing the examination, the commissioner may appoint a testing advisory board. Members of the testing advisory board shall serve without compensation. The testing advisory board shall include two (2) licensed locksmiths from each grand division of the state who are each members of a Tennessee professional locksmith association or organization and one (1) licensed locksmith appointed from those organizations from any of the grand divisions, as well as other members whom the commissioner may select;

(7) Promulgate rules to establish the minimum necessary standards for continuing education, with such minimum standards to include twelve (12) hours of continuing education, two (2) of which shall be dedicated to life safety;

(8) Conduct investigations regarding alleged violations and make evaluations as may be necessary to determine if licensees and registrants under this chapter are complying with this chapter;

(9) Investigate allegations regarding possible violations of this chapter by unregistered persons and seek enforcement under SC 62-11-109;

(10) Investigate complaints containing allegations of violations of applicable laws and rules;

(11) Issue subpoenas to compel the attendance of witnesses and the production of pertinent books, accounts, records and documents;

(12) Deny, suspend or revoke any license, licensure, or renewal issued or to be issued under this chapter to any applicant, registrant, or licensee who fails to satisfy the requirements of this chapter or for any of the reasons stated in SC 62-11-109, or who fails to follow the rules established by the commissioner;

(13) Seek civil remedies at law or equity to restrain or enjoin any unauthorized practice or other violation of this chapter; and

(14) Maintain a registry of licensed locksmithing businesses, whether a sole proprietorship, partnership, association, corporation or other entity offering locksmithing services to the public in the state, showing who is licensed and employed by those businesses as locksmiths and apprentices.

History: Acts 2006, ch. 885, SC 7; 2007, ch. 526, SCSC 7-11; 2010, ch. 1076, SC 3; 2010, ch. 1107, SC 2; 2012, ch. 986, SC 44.