1255-01-.16
Fingerprinting
Cite as Tenn. Comp. R. & Regs. 1255-01-.16
(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.