Tennessee § 62-35-130 - Disciplinary powers of commissioner — Civil penalties.

§ 62-35-130. Disciplinary powers of commissioner — Civil penalties.

The commissioner may take disciplinary action against a licensee, registrant or applicant, deny an application for a license or registration or may suspend, revoke or refuse to issue or renew any certificate, certified trainer license, license or registration card under this chapter upon finding that the holder or applicant has: Violated this chapter or any rule promulgated under this chapter; Practiced fraud, deceit or misrepresentation; Knowingly and willfully made a material misstatement in connection with an application for a license or registration card; Been convicted by a court of competent jurisdiction of any felony or of a misdemeanor. However, an action taken under this subdivision (a)(4) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title; Committed any act that would have been cause for refusal to issue the license or registration card had it existed and been known to the commissioner at the time of issuance; Engaged in dishonorable, unethical or unprofessional conduct of a character likely to deceive, defraud or harm the public; Willfully deceived or defrauded a member of the public being protected; Acted as a contract security company or proprietary security company without a currently valid license; Acted as an armed security guard/officer or unarmed security guard/officer on a registration card that has expired or without a valid registration card as this chapter requires; Violated any disciplinary order of the commissioner; or Failed or refused to cooperate with any inspection or investigation to determine compliance with this chapter or rules and regulations promulgated pursuant to this chapter. In addition to or in lieu of any other lawful disciplinary action under this section, the commissioner may assess a civil penalty of up to two thousand dollars ($2,000) for each statute or rule violation. The commissioner may assess a civil penalty of up to two thousand dollars ($2,000) per occurrence upon any person who operates without the proper license or other authorization required. A license or registration card shall be subject to expiration and renewal during any period in which the license or registration card is suspended. Whenever an armed or unarmed security guard/officer pleads guilty or is convicted of any offense enumerated in this chapter, the licensee must within thirty (30) days notify the commissioner of that conviction and provide the commissioner with certified copies of the conviction. The licensee's license shall automatically be revoked thirty (30) days after the licensee's conviction unless the licensee makes a written request to the commissioner for a hearing during the thirty-day period. Following any such hearing held pursuant to this section, the commissioner may impose upon that licensee any sanction or discipline permitted by this chapter. Acts 1987, ch. 436, § 30; 1990, ch. 1026, § 33; 1996, ch. 1009, § 3; 1997, ch. 369, §§ 2, 3; 2010, ch. 729, § 1; 2018, ch. 745, § 18; 2020, ch. 580, § 9. Amendments. The 2020 amendment substituted “armed security guard/officer or unarmed security guard/officer” for “armed or unarmed security officer/guard” in (a)(9). Effective Dates. Acts 2020, ch. 580, § 19. July 1, 2020. Attorney General Opinions. Under T.C.A. § 62-35-130(e) licensed armed and unarmed security guards/officers are required to notify the Commissioner of Commerce and insurance only of “conviction[s],” and a guilty plea entered as a condition of judicial diversion is not a “conviction” under T.C.A. § 40-35-313 . OAG 16-17, 2016 Tenn. AG LEXIS 18 (5/6/2016).