(1) Effective Date.
Beginning July 1, 2005, criminal background checks conducted by the TBI may be
required by the Secretary.
(2)
Persons Subject to Criminal Background Checks. Fingerprint-based criminal
background checks may be required of officers, directors, trustees, staff and
any person operating an annual event on behalf of a 501(c)(3) organization.
Persons who do not receive any compensation for their duties associated with
the 501(c)(3) organization shall not be subject to criminal background
checks.
(3) Criteria for requiring
Criminal Background Checks. Upon a determination by the Secretary that a
criminal background check is required of a person in connection with an annual
gaming event held by a 501(c)(3) organization, the application of such
organization shall not be considered until such background check has been
completed and the results of the background check are received in the office of
the Secretary of State. In the event that information is revealed in the
background check which would be a violation of a provision of the Act, the
Secretary shall give notice to the affected organization and allow them an
opportunity to cure the disqualifying situation by disassociating such person
or persons from taking any action on behalf of such organization. The
organization shall submit to the Secretary, an affidavit, signed by the chief
operating officer and the treasurer of the organization, setting forth what
action has been undertaken by the organization to disassociate the
individual/individuals.
(4)
Procedure for Obtaining Criminal Background Checks. Upon notification by the
Secretary that a criminal background check is required, the person notified
shall take immediate steps to secure the background check. Persons who receive
a request from the Secretary to submit to a criminal background check shall
contact the then current state of Tennessee fingerprinting service to obtain
information on the proper location and procedure for having the background
check run. Persons must provide identifying information, the reason for being
printed and name of the "Division of Business and Charitable Organizations,
Charitable Gaming Section" as the entity for whom the prints are requested.
Background checks will include data from a dual TBI & FBI
search. At the time of the printing, the person must provide identification to
verify his/her identity. A driver's license, passport, military ID or similar
identification should be provided. The applicant shall be responsible for
paying all costs associated with obtaining a criminal history background
check.
The results of the background search will be provided
directly to the Secretary of State's Division of Business and Charitable
Organizations, Charitable Gaming Section. Results of background checks may be
challenged by contacting the TBI. A form is available for download from the TBI
web site at www.tn.gov/tbi or by
contacting the TBI directly.
(5) Information from Law Enforcement Agency.
The Secretary may require a criminal background check on any person based upon
information received from a local, state or federal law enforcement agency
indicating a violation of the law involving theft, misappropriation of funds,
or any matter which would impact the legitimate operation of an annual gaming
event. For purposes of this provision, law enforcement agency shall include the
Internal Revenue Service.
(6)
Denial of Application to Conduct Annual Gaming Event. The Secretary may deny an
application to operate an annual gaming event based upon the results of a
criminal background check. In addition, the Secretary may impose a civil
penalty if the background check shows a violation of the Charitable Gaming
Implementation Law. Penalties shall be determined based upon the rules for
disqualification located below at section
1360-03-03-.14.
Notes
Tenn. Comp. R. &
Regs. 1360-03-03-.10
Original rule filed October 7, 2005; effective
February 28, 2006. Amendment filed January 14, 2009; effective May 29, 2009.
Emergency rule filed August 8, 2014; effective through February 4, 2015.
Emergency rule expired effective February 5, 2015, and the rule reverted to its
previous status. Repeal and new rule filed June 9, 2015; effective September 7,
2015. Amendments filed December 27, 2021; effective
3/27/2022.
Authority: T.C.A. ยงยง
3-17-114(a)-(c),
3-17-114(e)(1)-(2),
and 3-17-115(a).
