§ 62-27-117 — Grounds for license refusal, revocation or suspension

The commissioner may refuse to issue or may suspend or revoke a license on any one (1) or more of the following grounds: (1) Failing to inform a subject to be examined as to the nature of the examination; (2) Failing to inform a subject to be examined that the subject's participation in the examination is voluntary; (3) Material misstatement in the application for original license or in the application for any renewal license under this chapter; (4) Willful disregard or violation of this chapter or of any regulation or rule issued pursuant to this chapter, including, but not limited to, willfully making a false or misleading report, including an oral report, concerning an examination for polygraph examination purposes and for inquiring into areas prohibited by this chapter; (5) If the holder of any license has been adjudged guilty of any felony or has been adjudged guilty of any misdemeanor involving moral turpitude. However, an action taken under this subdivision (5) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title; (6) Making any willful misrepresentation or false promises to the person being examined or causing to be printed any false or misleading advertisement for the purpose of directly or indirectly obtaining business or interns; (7) Having demonstrated unworthiness or incompetency to act as a polygraph examiner as defined by this chapter or by any rule or regulation issued pursuant to this chapter; (8) Allowing one's license under this chapter or the polygraph instrument to be used by an unlicensed person in violation of this chapter; (9) Knowingly or willingly aiding or abetting another in the violation of this chapter or any regulation or rule issued pursuant to this chapter; (10) Where the license holder has been adjudged mentally incompetent as provided by state law; (11) Failing, within thirty (30) calendar days, to provide information requested by the commissioner as the result of a formal complaint to the commissioner that would indicate a violation of this chapter; (12) Failing to inform the subject of the results of the examination upon written request; (13) Failing to fully and completely inform the examinee of the examinee's rights and to follow the procedure for examination, as provided in this chapter; or (14) In the case of a company, willful disregard in the employment of polygraph examiners who demonstrate unworthiness or incompetency to act as polygraph examiners.

Legislative History

Amended by 2021 Tenn. Acts, ch. 294, s 15, eff. 7/1/2021. Amended by 2018 Tenn. Acts, ch. 745, s 16, eff. 7/1/2018. Acts 1978, ch. 900, § 19; 1980, ch. 705, §§ 8, 9; T.C.A., § 62-2718; Acts 1982, ch. 720, §§ 19, 20; 1986, ch. 739, § 7; 1999, ch. 252, §§ 4, 5, 6.