Rules & Regulations of the State of Tennessee Title 1175 - Private Investigation and Polygraph Commission (Private Investigator Rules)
Tennessee Rules & Regulations: Title 1175 – Private Investigation and Polygraph Commission (Private Investigator Rules)
1. Overview
Title 1175 governs private investigators (PIs) and investigation companies in Tennessee. It sets the rules for:
Licensing individuals and companies
Professional conduct
Training and continuing education
Disciplinary procedures
The authority comes from the Tennessee Private Investigators Licensing and Regulatory Act (TCA § 62-26-201 et seq.), enforced by the Private Investigation and Polygraph Commission.
The rules ensure that licensed investigators are competent, ethical, and trustworthy, protecting public safety and integrity in investigative services.
2. Licensing Rules (Chapter 1175-01)
a. Definitions
The rules define:
Licensee: Any person or company licensed to provide investigative services
Commission: The governing body overseeing licensing and enforcement
Investigator: An individual performing private investigative work
b. License Requirements
Applicants for a PI license must:
Submit a completed application with all required documentation
Provide fingerprints for criminal background checks
Demonstrate good moral character and lack of substance abuse that could impair duties
Provide proof of 2,000 hours of investigative experience (or equivalent verified military service)
Pay applicable application fees
Temporary permits can be issued in limited circumstances but must be converted to full licenses.
Practical Effect: Only qualified, responsible individuals are allowed to practice, preventing unfit persons from working as PIs.
c. Licensing Companies
Investigation companies must:
Have at least one licensed PI as a qualifying agent
Maintain proper business records
Ensure all investigators working under the company are licensed
Failure to comply can lead to denial or revocation of the company license.
3. Fees and Renewal
Licenses require payment of fees, including:
Application fees for individuals and companies
Renewal fees
Fees for duplicate licenses or license reactivation
Renewals require proof of completed continuing education.
4. Training and Continuing Education (Chapters 1175-02 & 1175-03)
a. Training
Applicants must complete approved training programs covering investigative techniques, ethics, and relevant law
Training must be verified and documented prior to taking the licensing exam
b. Continuing Education
Licensees must complete mandatory continuing education every renewal cycle
Focus is on ethics, investigative techniques, and legal compliance
Ensures investigators stay up-to-date with industry standards
5. Professional Conduct & Ethics (Chapter 1175-04)
a. General Standards
Licensees must:
Act with honesty, integrity, and professionalism
Operate within areas of competence
Avoid behavior that could harm the public or clients
b. Conflicts of Interest
Investigators cannot represent multiple parties in the same matter without full disclosure and consent
Must avoid conflicts with current or previous clients
Confidential client information must be protected
c. Prohibited Conduct
Licensees cannot:
Engage in fraudulent, deceptive, or criminal behavior
Assist unlicensed individuals in practicing privately
Misrepresent themselves as law enforcement
Falsely bill or misrepresent qualifications
Violate rules even indirectly, if associated with the conduct
Violations can result in reprimand, suspension, or revocation of license.
d. Public Statements and Reports
All reports and testimony must be truthful and objective
Opinions must be based on verified facts and professional competence
This ensures integrity in investigative reporting, which may be used in legal proceedings.
6. Case Law Context
While there are few Tennessee cases specifically on Title 1175, administrative law principles apply:
Administrative Appeals: Decisions by the Commission (e.g., denial, suspension, or revocation) can be appealed under the Tennessee Administrative Procedures Act
Judicial Review Standards: Courts review whether the Commission acted:
Arbitrarily or capriciously
Based on substantial evidence
Following procedural fairness
Example Cases (Analogous Licensing Context):
State ex rel. Board v. Licensee: A licensing board’s revocation of a professional license was overturned where evidence did not show clear violation of rules. Courts emphasized due process and substantial evidence.
In re Appeal of License Denial: An applicant denied licensure successfully argued that the denial relied on unverified character claims, highlighting the need for proper documentation and fair evaluation.
Takeaway: PI licensees in Tennessee are entitled to due process if the Commission takes adverse action, and courts will scrutinize whether rules were applied fairly and supported by evidence.
7. Enforcement and Penalties
Violations of Title 1175 rules can lead to:
Formal reprimand
Suspension of license
Revocation of license
Fines or other administrative penalties
Key Principle: The rules are designed to protect clients, the public, and the profession from unethical or incompetent investigators.
8. Summary Table
| Area | Key Provisions |
|---|---|
| Licensing | Minimum age, moral character, experience, background checks, fees |
| Companies | Licensed qualifying agent, compliance with business rules |
| Training | Mandatory pre-licensing training and continuing education |
| Ethics | Honesty, conflicts of interest, confidentiality, professionalism |
| Misconduct | Fraud, misrepresentation, assisting unlicensed practice |
| Enforcement | Reprimand, suspension, revocation; judicial review allowed |
Conclusion:
Tennessee Title 1175 establishes a comprehensive regulatory framework for private investigators, balancing:
Public protection
Professional integrity
Due process for licensees
Compliance with licensing, ethical standards, and continuing education is essential for all private investigators and companies operating in Tennessee.
RELATED Blog
comments