Tenn. Code Ann. § 4-57-107 — TN Code / Title 4 / Chapter 57 / Section 4-57-107
State audit included as part of the department of agriculture audit
Status: in_force

The division of state audit shall include as part of its scheduled audit of the department of agriculture a review of the Tennessee state fair and exposition commission including, but not limited to, the commission's authority and function. Acts 2012, ch. 1047, § 1.
The division of state audit shall include as part of its scheduled audit of the department of agriculture a review of the Tennessee state fair and exposition commission including, but not limited to, the commission's authority and function.
Acts 2012, ch. 1047, § 1.
Tenn. Code Ann. § 4-23-101 — TN Code / Title 4 / Chapter 23 / Section 4-23-101
Board of directors - Creation of foundation
Status: in_force

(a) The Tennessee residence foundation shall exercise its powers through a board of directors composed of seven (7) members as provided by this section. The spouse of the governor or the governor's designee, if the governor is not married, shall serve on the board of directors. Three (3) additional members, one (1) from each grand division, shall be appointed to the board by the governor. The chair of the Tennessee state museum foundation board shall serve on the board of directors for the Tennessee residence foundation. Two (2) additional members, selected by the governor from the membership of the Tennessee state museum foundation board, shall be appointed by the Tennessee state museum foundation board to serve on the board for the Tennessee residence foundation. In the event the Tennessee state museum foundation ceases to exist, its appointees shall be filled by appointments made by the governor. The members of the board for the Tennessee residence foundation shall receive no compensation for their service, but shall be entitled to reimbursement for reasonable travel expenses incurred in the performance of official duties. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. (b) The term for any member of the board appointed or selected by the governor shall be coterminous with the term of office of such governor, except that any member may be reappointed. Each director shall serve until a successor is appointed. If a vacancy occurs on the board, it shall be filled by the governor in accordance with this chapter. (c) The board of directors shall designate one (1) director to serve as president for a one-year term. The board shall also elect to a one-year term of office a vice president and a secretary and such other officers as it deems necessary to perform the business of the foundation. (d) The board of directors, established in this chapter and acting on behalf of the foundation, is hereby authorized and empowered to expend for the purposes of this chapter any funds appropriated, received by or allocated to the foundation. (e) The foundation established pursuant to chapter 443 of the Public Acts of 1974, shall no longer have any duties or responsibilities with regard to the executive residence. (f) The board of directors created under this section shall prepare, consistent with the terms of this section, the appropriate documents to create a foundation and file the same with the proper state and federal agencies. In addition, such board shall prepare bylaws consistent with the terms of this section. (g) In addition to any other powers conferred by this part, the Tennessee residence foundation created in this section is authorized to raise and spend funds for the renovation, restoration, reconstruction, expansion and upkeep of the executive residence. Acts 1974, ch. 443, § 3; T.C.A., § 4-2303; Acts 1999, ch. 212, § 1; 2004, ch. 548, § 1; 2005, ch. 267, §§ 1, 2; T.C.A. § 4-23-103 .
(a) The Tennessee residence foundation shall exercise its powers through a board of directors composed of seven (7) members as provided by this section. The spouse of the governor or the governor's designee, if the governor is not married, shall serve on the board of directors. Three (3) additional members, one (1) from each grand division, shall be appointed to the board by the governor. The chair of the Tennessee state museum foundation board shall serve on the board of directors for the Tennessee residence foundation. Two (2) additional members, selected by the governor from the membership of the Tennessee state museum foundation board, shall be appointed by the Tennessee state museum foundation board to serve on the board for the Tennessee residence foundation. In the event the Tennessee state museum foundation ceases to exist, its appointees shall be filled by appointments made by the governor. The members of the board for the Tennessee residence foundation shall receive no compensation for their service, but shall be entitled to reimbursement for reasonable travel expenses incurred in the performance of official duties. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
(b) The term for any member of the board appointed or selected by the governor shall be coterminous with the term of office of such governor, except that any member may be reappointed. Each director shall serve until a successor is appointed. If a vacancy occurs on the board, it shall be filled by the governor in accordance with this chapter.
(c) The board of directors shall designate one (1) director to serve as president for a one-year term. The board shall also elect to a one-year term of office a vice president and a secretary and such other officers as it deems necessary to perform the business of the foundation.
(d) The board of directors, established in this chapter and acting on behalf of the foundation, is hereby authorized and empowered to expend for the purposes of this chapter any funds appropriated, received by or allocated to the foundation.
(e) The foundation established pursuant to chapter 443 of the Public Acts of 1974, shall no longer have any duties or responsibilities with regard to the executive residence.
(f) The board of directors created under this section shall prepare, consistent with the terms of this section, the appropriate documents to create a foundation and file the same with the proper state and federal agencies. In addition, such board shall prepare bylaws consistent with the terms of this section.
(g) In addition to any other powers conferred by this part, the Tennessee residence foundation created in this section is authorized to raise and spend funds for the renovation, restoration, reconstruction, expansion and upkeep of the executive residence.
Acts 1974, ch. 443, § 3; T.C.A., § 4-2303; Acts 1999, ch. 212, § 1; 2004, ch. 548, § 1; 2005, ch. 267, §§ 1, 2; T.C.A. § 4-23-103 .
Tenn. Code Ann. § 4-21-307 — TN Code / Title 4 / Chapter 21 / Section 4-21-307
Judicial review
Status: in_force

(a) A complainant, respondent or intervenor aggrieved by an order of the commission, including an order dismissing a complaint or stating the terms of a conciliation agreement, may obtain judicial review, and the commission may obtain an order of the court for enforcement of its order, in a proceeding brought in the chancery court or circuit court in which the alleged discriminatory practice that is the subject of the order occurred or in which a respondent resides or transacts business. (b) (1) The proceeding for review or enforcement is initiated by filing a petition in court. (2) Copies of the appeal shall be served upon all parties of record. (3) Within thirty (30) days after the service of the petition for appeal upon the commission or its filing by the commission, or within such further time as the court may allow, the commission shall transmit to the court the original or a certified copy of the entire record upon which the order is based, including a transcript of testimony, which need not be printed. (4) By stipulation of all parties to the review proceeding, the record may be shortened. (5) The findings of fact of the commission shall be conclusive unless clearly erroneous in view of the probative and substantial evidence on the whole record. (6) The court has the power to grant such temporary relief or restraining order as it deems just and to enter an order enforcing, modifying and enforcing as modified, or setting aside in whole or in part the order of the commission, or remanding the case to the commission for further proceedings. (7) All such proceedings shall be heard and determined by the chancery court or circuit court and court of appeals as expeditiously as possible and with lawful precedence over other matters. (c) If the commission has failed to schedule a hearing in accordance with § 4-21-304 or has failed to issue an order within one hundred eighty (180) days after the complaint is filed, the complainant, respondent or an intervenor may petition the chancery court or circuit court in a county in which the alleged discriminatory practice set forth in the complaint occurs or in which the petitioner resides or has the petitioner's principal place of business for an order directing the commission to take such action. The court shall follow the procedure set forth in subsection (b) so far as applicable. (d) (1) The court shall not consider any matter not considered by, nor any objection not raised before, the hearing examiner or examiners unless the failure of a party to present such matter to or raise such objection before the hearing examiner or examiners are excused because of good cause shown. (2) A party may move the court to remand the case to the commission in the interest of justice for the purpose of adducing additional specified material evidence and seeking findings thereon; provided, that the party shows good cause for the failure to adduce such evidence before the commission. (e) (1) The jurisdiction of the chancery court or circuit court shall be exclusive, and its final judgment or decree shall be subject to review by the court of appeals as provided by the Rules of Civil Procedure. (2) The commission's copy of the testimony shall be available to all parties for examination without cost during business hours at the commission's office in Nashville. (f) (1) A proceeding under this section must be initiated within thirty (30) days after a copy of the order of the commission is petitioned or the petition is filed under § 4-21-304 . (2) If no proceeding is so initiated, the commission may obtain a decree of the court of enforcement of its order upon showing that a copy of the petition for enforcement was served on the respondent and the respondent is subject to the jurisdiction of the court. Acts 1978, ch. 748, § 22; T.C.A., §§ 4-2120, 4-21-120; Acts 1996, ch. 777, §§ 2-5.
(a) A complainant, respondent or intervenor aggrieved by an order of the commission, including an order dismissing a complaint or stating the terms of a conciliation agreement, may obtain judicial review, and the commission may obtain an order of the court for enforcement of its order, in a proceeding brought in the chancery court or circuit court in which the alleged discriminatory practice that is the subject of the order occurred or in which a respondent resides or transacts business.
(b) (1) The proceeding for review or enforcement is initiated by filing a petition in court. (2) Copies of the appeal shall be served upon all parties of record. (3) Within thirty (30) days after the service of the petition for appeal upon the commission or its filing by the commission, or within such further time as the court may allow, the commission shall transmit to the court the original or a certified copy of the entire record upon which the order is based, including a transcript of testimony, which need not be printed. (4) By stipulation of all parties to the review proceeding, the record may be shortened. (5) The findings of fact of the commission shall be conclusive unless clearly erroneous in view of the probative and substantial evidence on the whole record. (6) The court has the power to grant such temporary relief or restraining order as it deems just and to enter an order enforcing, modifying and enforcing as modified, or setting aside in whole or in part the order of the commission, or remanding the case to the commission for further proceedings. (7) All such proceedings shall be heard and determined by the chancery court or circuit court and court of appeals as expeditiously as possible and with lawful precedence over other matters.
(1) The proceeding for review or enforcement is initiated by filing a petition in court.
(2) Copies of the appeal shall be served upon all parties of record.
(3) Within thirty (30) days after the service of the petition for appeal upon the commission or its filing by the commission, or within such further time as the court may allow, the commission shall transmit to the court the original or a certified copy of the entire record upon which the order is based, including a transcript of testimony, which need not be printed.
(4) By stipulation of all parties to the review proceeding, the record may be shortened.
(5) The findings of fact of the commission shall be conclusive unless clearly erroneous in view of the probative and substantial evidence on the whole record.
(6) The court has the power to grant such temporary relief or restraining order as it deems just and to enter an order enforcing, modifying and enforcing as modified, or setting aside in whole or in part the order of the commission, or remanding the case to the commission for further proceedings.
(7) All such proceedings shall be heard and determined by the chancery court or circuit court and court of appeals as expeditiously as possible and with lawful precedence over other matters.
(c) If the commission has failed to schedule a hearing in accordance with § 4-21-304 or has failed to issue an order within one hundred eighty (180) days after the complaint is filed, the complainant, respondent or an intervenor may petition the chancery court or circuit court in a county in which the alleged discriminatory practice set forth in the complaint occurs or in which the petitioner resides or has the petitioner's principal place of business for an order directing the commission to take such action. The court shall follow the procedure set forth in subsection (b) so far as applicable.
(d) (1) The court shall not consider any matter not considered by, nor any objection not raised before, the hearing examiner or examiners unless the failure of a party to present such matter to or raise such objection before the hearing examiner or examiners are excused because of good cause shown. (2) A party may move the court to remand the case to the commission in the interest of justice for the purpose of adducing additional specified material evidence and seeking findings thereon; provided, that the party shows good cause for the failure to adduce such evidence before the commission.
(1) The court shall not consider any matter not considered by, nor any objection not raised before, the hearing examiner or examiners unless the failure of a party to present such matter to or raise such objection before the hearing examiner or examiners are excused because of good cause shown.
(2) A party may move the court to remand the case to the commission in the interest of justice for the purpose of adducing additional specified material evidence and seeking findings thereon; provided, that the party shows good cause for the failure to adduce such evidence before the commission.
(e) (1) The jurisdiction of the chancery court or circuit court shall be exclusive, and its final judgment or decree shall be subject to review by the court of appeals as provided by the Rules of Civil Procedure. (2) The commission's copy of the testimony shall be available to all parties for examination without cost during business hours at the commission's office in Nashville.
(1) The jurisdiction of the chancery court or circuit court shall be exclusive, and its final judgment or decree shall be subject to review by the court of appeals as provided by the Rules of Civil Procedure.
(2) The commission's copy of the testimony shall be available to all parties for examination without cost during business hours at the commission's office in Nashville.
(f) (1) A proceeding under this section must be initiated within thirty (30) days after a copy of the order of the commission is petitioned or the petition is filed under § 4-21-304 . (2) If no proceeding is so initiated, the commission may obtain a decree of the court of enforcement of its order upon showing that a copy of the petition for enforcement was served on the respondent and the respondent is subject to the jurisdiction of the court.
(1) A proceeding under this section must be initiated within thirty (30) days after a copy of the order of the commission is petitioned or the petition is filed under § 4-21-304 .
(2) If no proceeding is so initiated, the commission may obtain a decree of the court of enforcement of its order upon showing that a copy of the petition for enforcement was served on the respondent and the respondent is subject to the jurisdiction of the court.
Acts 1978, ch. 748, § 22; T.C.A., §§ 4-2120, 4-21-120; Acts 1996, ch. 777, §§ 2-5.
Tenn. Code Ann. § 4-1-335 — TN Code / Title 4 / Chapter 1 / Section 4-1-335
Official state fife and drum corps
Status: in_force

The Watauga Valley Fife and Drum Corps is hereby designated as the official state fife and drum corps. Added by 2014 Tenn. Acts, ch. 549,s 1, eff. 3/17/2014.
The Watauga Valley Fife and Drum Corps is hereby designated as the official state fife and drum corps.
Added by 2014 Tenn. Acts, ch. 549,s 1, eff. 3/17/2014.
Tenn. Code Ann. § 4-31-503 — TN Code / Title 4 / Chapter 31 / Section 4-31-503
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Authority" means the Tennessee local development authority; (2) "Emergency medical dispatcher" (EMD) has the same meaning as defined in § 68-140-302 ; (3) "Emergency medical services personnel" has the same meaning as defined in § 68-140-302 ; (4) "Equipment" includes, but is not limited to: (A) For firefighters, uniforms, fire engines and other vehicles, ladders, hooks, hoses, and all other equipment necessary for containing and extinguishing fires; (B) For law enforcement officers, uniforms, vehicles, weapons, holsters, handcuffs, restraints, batons, protective gear, and all other equipment necessary for the apprehension of suspects and criminals and the investigation and detection of crime; (C) For emergency medical services personnel, uniforms, vehicles, stretchers, medical devices, medical supplies, first aid kits, automatic external defibrillators, and all other equipment necessary for the provision of emergency care; and (D) For emergency communications dispatchers, uniforms, radios, antennas, base stations, call boxes, dispatch consoles, pagers, public safety systems, and all other equipment for the provision of emergency dispatching; (5) "Firefighter" means an individual employed by a local government as a member of the local government's fire department, or who is a volunteer firefighter, trained in firefighting and actively engaged in such work or subject to call for such firefighting prevention services; (6) "Law enforcement officer" means an individual employed by a local government as a member of the local government's law enforcement agency, and is trained and actively engaged in police work for the investigation into and detection of crime; (7) "Loan agreement" means a contractual relationship by and between a county and the authority pursuant to and in accordance with this part; and (8) "Public safety officer" means a law enforcement officer, firefighter, emergency medical services personnel, or an emergency medical dispatcher. Amended by 2023 Tenn. Acts, ch. 378, s 3, eff. 5/11/2023. Acts 1986, ch. 846, § 14.
As used in this part, unless the context otherwise requires:
(1) "Authority" means the Tennessee local development authority;
(2) "Emergency medical dispatcher" (EMD) has the same meaning as defined in § 68-140-302 ;
(3) "Emergency medical services personnel" has the same meaning as defined in § 68-140-302 ;
(4) "Equipment" includes, but is not limited to: (A) For firefighters, uniforms, fire engines and other vehicles, ladders, hooks, hoses, and all other equipment necessary for containing and extinguishing fires; (B) For law enforcement officers, uniforms, vehicles, weapons, holsters, handcuffs, restraints, batons, protective gear, and all other equipment necessary for the apprehension of suspects and criminals and the investigation and detection of crime; (C) For emergency medical services personnel, uniforms, vehicles, stretchers, medical devices, medical supplies, first aid kits, automatic external defibrillators, and all other equipment necessary for the provision of emergency care; and (D) For emergency communications dispatchers, uniforms, radios, antennas, base stations, call boxes, dispatch consoles, pagers, public safety systems, and all other equipment for the provision of emergency dispatching;
(A) For firefighters, uniforms, fire engines and other vehicles, ladders, hooks, hoses, and all other equipment necessary for containing and extinguishing fires;
(B) For law enforcement officers, uniforms, vehicles, weapons, holsters, handcuffs, restraints, batons, protective gear, and all other equipment necessary for the apprehension of suspects and criminals and the investigation and detection of crime;
(C) For emergency medical services personnel, uniforms, vehicles, stretchers, medical devices, medical supplies, first aid kits, automatic external defibrillators, and all other equipment necessary for the provision of emergency care; and
(D) For emergency communications dispatchers, uniforms, radios, antennas, base stations, call boxes, dispatch consoles, pagers, public safety systems, and all other equipment for the provision of emergency dispatching;
(5) "Firefighter" means an individual employed by a local government as a member of the local government's fire department, or who is a volunteer firefighter, trained in firefighting and actively engaged in such work or subject to call for such firefighting prevention services;
(6) "Law enforcement officer" means an individual employed by a local government as a member of the local government's law enforcement agency, and is trained and actively engaged in police work for the investigation into and detection of crime;
(7) "Loan agreement" means a contractual relationship by and between a county and the authority pursuant to and in accordance with this part; and
(8) "Public safety officer" means a law enforcement officer, firefighter, emergency medical services personnel, or an emergency medical dispatcher.
Amended by 2023 Tenn. Acts, ch. 378, s 3, eff. 5/11/2023.
Acts 1986, ch. 846, § 14.
Tenn. Code Ann. § 4-3-2503 — TN Code / Title 4 / Chapter 3 / Section 4-3-2503
Powers and duties
Status: in_force

The department of veterans services and the commissioner of veterans services are vested with all the authority, powers and duties formerly imposed upon the staff division of veterans' affairs and the director of the department of veterans' affairs and as prescribed in title 58, chapter 3. Amended by 2015 Tenn. Acts, ch. 24,s 2, eff. 7/1/2015. Acts 1959, ch. 9, § 6; 1975, ch. 249, § 3; T.C.A., § 4-331.
The department of veterans services and the commissioner of veterans services are vested with all the authority, powers and duties formerly imposed upon the staff division of veterans' affairs and the director of the department of veterans' affairs and as prescribed in title 58, chapter 3.
Amended by 2015 Tenn. Acts, ch. 24,s 2, eff. 7/1/2015.
Acts 1959, ch. 9, § 6; 1975, ch. 249, § 3; T.C.A., § 4-331.
Tenn. Code Ann. § 4-5-326 — TN Code / Title 4 / Chapter 5 / Section 4-5-326
Interpretation of statute or rule de novo
Status: in_force

In interpreting a state statute or rule, a court presiding over the appeal of a judgment in a contested case shall not defer to a state agency's interpretation of the statute or rule and shall interpret the statute or rule de novo. After applying all customary tools of interpretation, the court shall resolve any remaining ambiguity against increased agency authority. Added by 2022 Tenn. Acts, ch. 883,s 1, eff. 4/14/2022.
In interpreting a state statute or rule, a court presiding over the appeal of a judgment in a contested case shall not defer to a state agency's interpretation of the statute or rule and shall interpret the statute or rule de novo. After applying all customary tools of interpretation, the court shall resolve any remaining ambiguity against increased agency authority.
Added by 2022 Tenn. Acts, ch. 883,s 1, eff. 4/14/2022.
Tenn. Code Ann. § 4-3-605 — TN Code / Title 4 / Chapter 3 / Section 4-3-605
Organization of department
Status: in_force

The commissioner of correction has the authority, with the approval of the governor, to organize the work of the department under such divisions as may be necessary to carry it on most efficiently and economically. Acts 1923, ch. 7, § 43; Shan. Supp., § 373a104; Code 1932, § 323; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 4-607.
The commissioner of correction has the authority, with the approval of the governor, to organize the work of the department under such divisions as may be necessary to carry it on most efficiently and economically.
Acts 1923, ch. 7, § 43; Shan. Supp., § 373a104; Code 1932, § 323; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), § 4-607.
Tenn. Code Ann. § 4-29-102 — TN Code / Title 4 / Chapter 29 / Section 4-29-102
Legislative findings - Purpose
Status: in_force

(a) The general assembly finds and declares that state regulation of its citizens, businesses and industries is increasing at an alarming rate and that a method of reviewing such regulation is necessary to ensure that unnecessary and harmful regulation is abolished and that legitimate, necessary regulation is conducted efficiently and economically. (b) It is the intent of the general assembly by this chapter to provide a responsible method to review state governmental entities to ensure that state governmental regulation is beneficial rather than detrimental to the public interest of the citizens of Tennessee. (c) (1) The general assembly declares that the delivery of human and community services to the state's citizens, including, but not limited to, the poor and aged, is a matter of public interest. The general assembly declares that the provision of human and community services should include, but not be limited to, the following goals: reduce and eliminate poverty; help every Tennessean become self-sufficient to improve their quality of life and standard of living; and coordinate, use, and distribute the state's financial, human, program, and other resources in the most effective and efficient manner possible. (2) (A) The general assembly realizes that in many areas of the state, there are duplicate human and community service and action organizations that receive state appropriations, state-administered funds, or contracts with various state departments that could result in an unnecessary duplication of services and administration, thereby resulting in an unnecessary duplication of costs. Such unnecessary duplication could decrease the overall effectiveness of human and community service programs and agencies. The general assembly further realizes that if such unnecessary duplication exists, it is not efficient, effective, or in the public's best interest. (B) Where there are two (2) or more agencies that receive state appropriations, state-administered funds, or contracts with various state departments in the same county or service area upon sunset review the reviewing authority shall make an evaluation of a duplication of services, administration or costs, and report this finding and make recommendations to the general assembly to correct this situation upon reauthorization of such agency or agencies, or reauthorization of state funding. Upon receiving such recommendation, the review committee created in § 4-29-103 may recommend to terminate state funds to the entities. (3) The general assembly concludes that the evaluation of human and community service delivery agencies, their services, and programs is necessary to determine whether they are achieving their goals, using resources as effectively and efficiently as possible, and minimizing any duplication of services, administration, and costs. The general assembly further concludes that there is no systematic ongoing effort, using objective outcome measures, to evaluate human and community service and action organizations. The general assembly further concludes that a statewide strategy for such delivery would enable, promote, and require the effective and efficient coordination of programs, services, and resources among the state's human and community service delivery organizations. (4) The general assembly finds that the state's human and community service and action organizations, including, but not limited to, community action agencies and human resource agencies, were authorized by state law and receive state appropriations, state-administered funds, or contracts with various state departments to provide services to Tennessee residents. Therefore, these agencies should be independently evaluated, using objective outcome measures. Such outcome measures will be defined by the reviewing entity and will include, but not be limited to: (A) The extent to which the low-income clients served by the entities have become more self-sufficient; (B) The extent to which the low-income clients have improved their lives through increased employment; (C) The extent to which agency clients have been able to move to standard, permanent housing from substandard, temporary housing; (D) The extent to which clients participate in community groups; and (E) The extent to which administrative resources are used efficiently in relation to programmatic resources. Acts 1977, ch. 452, § 2; T.C.A., § 4-2902; Acts 1997, ch. 308, § 1.
(a) The general assembly finds and declares that state regulation of its citizens, businesses and industries is increasing at an alarming rate and that a method of reviewing such regulation is necessary to ensure that unnecessary and harmful regulation is abolished and that legitimate, necessary regulation is conducted efficiently and economically.
(b) It is the intent of the general assembly by this chapter to provide a responsible method to review state governmental entities to ensure that state governmental regulation is beneficial rather than detrimental to the public interest of the citizens of Tennessee.
(c) (1) The general assembly declares that the delivery of human and community services to the state's citizens, including, but not limited to, the poor and aged, is a matter of public interest. The general assembly declares that the provision of human and community services should include, but not be limited to, the following goals: reduce and eliminate poverty; help every Tennessean become self-sufficient to improve their quality of life and standard of living; and coordinate, use, and distribute the state's financial, human, program, and other resources in the most effective and efficient manner possible. (2) (A) The general assembly realizes that in many areas of the state, there are duplicate human and community service and action organizations that receive state appropriations, state-administered funds, or contracts with various state departments that could result in an unnecessary duplication of services and administration, thereby resulting in an unnecessary duplication of costs. Such unnecessary duplication could decrease the overall effectiveness of human and community service programs and agencies. The general assembly further realizes that if such unnecessary duplication exists, it is not efficient, effective, or in the public's best interest. (B) Where there are two (2) or more agencies that receive state appropriations, state-administered funds, or contracts with various state departments in the same county or service area upon sunset review the reviewing authority shall make an evaluation of a duplication of services, administration or costs, and report this finding and make recommendations to the general assembly to correct this situation upon reauthorization of such agency or agencies, or reauthorization of state funding. Upon receiving such recommendation, the review committee created in § 4-29-103 may recommend to terminate state funds to the entities. (3) The general assembly concludes that the evaluation of human and community service delivery agencies, their services, and programs is necessary to determine whether they are achieving their goals, using resources as effectively and efficiently as possible, and minimizing any duplication of services, administration, and costs. The general assembly further concludes that there is no systematic ongoing effort, using objective outcome measures, to evaluate human and community service and action organizations. The general assembly further concludes that a statewide strategy for such delivery would enable, promote, and require the effective and efficient coordination of programs, services, and resources among the state's human and community service delivery organizations. (4) The general assembly finds that the state's human and community service and action organizations, including, but not limited to, community action agencies and human resource agencies, were authorized by state law and receive state appropriations, state-administered funds, or contracts with various state departments to provide services to Tennessee residents. Therefore, these agencies should be independently evaluated, using objective outcome measures. Such outcome measures will be defined by the reviewing entity and will include, but not be limited to: (A) The extent to which the low-income clients served by the entities have become more self-sufficient; (B) The extent to which the low-income clients have improved their lives through increased employment; (C) The extent to which agency clients have been able to move to standard, permanent housing from substandard, temporary housing; (D) The extent to which clients participate in community groups; and (E) The extent to which administrative resources are used efficiently in relation to programmatic resources.
(1) The general assembly declares that the delivery of human and community services to the state's citizens, including, but not limited to, the poor and aged, is a matter of public interest. The general assembly declares that the provision of human and community services should include, but not be limited to, the following goals: reduce and eliminate poverty; help every Tennessean become self-sufficient to improve their quality of life and standard of living; and coordinate, use, and distribute the state's financial, human, program, and other resources in the most effective and efficient manner possible.
(2) (A) The general assembly realizes that in many areas of the state, there are duplicate human and community service and action organizations that receive state appropriations, state-administered funds, or contracts with various state departments that could result in an unnecessary duplication of services and administration, thereby resulting in an unnecessary duplication of costs. Such unnecessary duplication could decrease the overall effectiveness of human and community service programs and agencies. The general assembly further realizes that if such unnecessary duplication exists, it is not efficient, effective, or in the public's best interest. (B) Where there are two (2) or more agencies that receive state appropriations, state-administered funds, or contracts with various state departments in the same county or service area upon sunset review the reviewing authority shall make an evaluation of a duplication of services, administration or costs, and report this finding and make recommendations to the general assembly to correct this situation upon reauthorization of such agency or agencies, or reauthorization of state funding. Upon receiving such recommendation, the review committee created in § 4-29-103 may recommend to terminate state funds to the entities.
(A) The general assembly realizes that in many areas of the state, there are duplicate human and community service and action organizations that receive state appropriations, state-administered funds, or contracts with various state departments that could result in an unnecessary duplication of services and administration, thereby resulting in an unnecessary duplication of costs. Such unnecessary duplication could decrease the overall effectiveness of human and community service programs and agencies. The general assembly further realizes that if such unnecessary duplication exists, it is not efficient, effective, or in the public's best interest.
(B) Where there are two (2) or more agencies that receive state appropriations, state-administered funds, or contracts with various state departments in the same county or service area upon sunset review the reviewing authority shall make an evaluation of a duplication of services, administration or costs, and report this finding and make recommendations to the general assembly to correct this situation upon reauthorization of such agency or agencies, or reauthorization of state funding. Upon receiving such recommendation, the review committee created in § 4-29-103 may recommend to terminate state funds to the entities.
(3) The general assembly concludes that the evaluation of human and community service delivery agencies, their services, and programs is necessary to determine whether they are achieving their goals, using resources as effectively and efficiently as possible, and minimizing any duplication of services, administration, and costs. The general assembly further concludes that there is no systematic ongoing effort, using objective outcome measures, to evaluate human and community service and action organizations. The general assembly further concludes that a statewide strategy for such delivery would enable, promote, and require the effective and efficient coordination of programs, services, and resources among the state's human and community service delivery organizations.
(4) The general assembly finds that the state's human and community service and action organizations, including, but not limited to, community action agencies and human resource agencies, were authorized by state law and receive state appropriations, state-administered funds, or contracts with various state departments to provide services to Tennessee residents. Therefore, these agencies should be independently evaluated, using objective outcome measures. Such outcome measures will be defined by the reviewing entity and will include, but not be limited to: (A) The extent to which the low-income clients served by the entities have become more self-sufficient; (B) The extent to which the low-income clients have improved their lives through increased employment; (C) The extent to which agency clients have been able to move to standard, permanent housing from substandard, temporary housing; (D) The extent to which clients participate in community groups; and (E) The extent to which administrative resources are used efficiently in relation to programmatic resources.
(A) The extent to which the low-income clients served by the entities have become more self-sufficient;
(B) The extent to which the low-income clients have improved their lives through increased employment;
(C) The extent to which agency clients have been able to move to standard, permanent housing from substandard, temporary housing;
(D) The extent to which clients participate in community groups; and
(E) The extent to which administrative resources are used efficiently in relation to programmatic resources.
Acts 1977, ch. 452, § 2; T.C.A., § 4-2902; Acts 1997, ch. 308, § 1.
Tenn. Code Ann. § 4-3-204 — TN Code / Title 4 / Chapter 3 / Section 4-3-204
Civil penalty for violating regulatory matters - Revocation of license or permit - Denial of license or permit renewal
Status: in_force

(a) The department or any board or commission attached to the department may, in a lawful proceeding respecting licensing, as defined in the Uniform Administrative Procedures Act, compiled in chapter 5 of this title, in addition to or in lieu of any other lawful disciplinary action, assess a civil penalty of not more than five hundred dollars ($500) for each violation of statute, rule or order enforceable by the department or board or commission attached to the department. (b) The department and any board or commission attached to the department shall by rule establish a schedule designating the minimum and maximum civil penalty that may be assessed under this section for violation of each statute, rule or order over which it has regulatory control. (c) In the event of nonpayment of any civil penalty lawfully assessed pursuant to subsection (a), such penalty shall be recoverable in the name of the state by the attorney general and reporter in the chancery court of Davidson County, or by the district attorney general in the chancery court of the county in which all or part of the violation occurred. (d) All sums recovered under this section shall be paid into the state treasury, except that in those counties where a contract exists between the department and the county health department pursuant to § 53-8-104(7) , such sums may be retained by the county health department in accordance with the contract between the department and such county health department; provided, that all such funds so retained by the county health department shall be paid into the county's general fund. (e) In the event of nonpayment of any civil penalty lawfully assessed by the department or any board or commission attached thereto, the commissioner of agriculture may revoke a current license or permit or deny renewal of a license or permit until the respective civil penalties have been paid in full. Payment of the civil penalty does not necessarily obligate the commissioner to issue any license or permit; provided, no such action affecting licenses or permits shall be taken without a hearing as provided in the Uniform Administrative Procedures Act. Acts 1988, ch. 878, § 7; 1991, ch. 149, § 1; 2000, ch. 603, § 1.
(a) The department or any board or commission attached to the department may, in a lawful proceeding respecting licensing, as defined in the Uniform Administrative Procedures Act, compiled in chapter 5 of this title, in addition to or in lieu of any other lawful disciplinary action, assess a civil penalty of not more than five hundred dollars ($500) for each violation of statute, rule or order enforceable by the department or board or commission attached to the department.
(b) The department and any board or commission attached to the department shall by rule establish a schedule designating the minimum and maximum civil penalty that may be assessed under this section for violation of each statute, rule or order over which it has regulatory control.
(c) In the event of nonpayment of any civil penalty lawfully assessed pursuant to subsection (a), such penalty shall be recoverable in the name of the state by the attorney general and reporter in the chancery court of Davidson County, or by the district attorney general in the chancery court of the county in which all or part of the violation occurred.
(d) All sums recovered under this section shall be paid into the state treasury, except that in those counties where a contract exists between the department and the county health department pursuant to § 53-8-104(7) , such sums may be retained by the county health department in accordance with the contract between the department and such county health department; provided, that all such funds so retained by the county health department shall be paid into the county's general fund.
(e) In the event of nonpayment of any civil penalty lawfully assessed by the department or any board or commission attached thereto, the commissioner of agriculture may revoke a current license or permit or deny renewal of a license or permit until the respective civil penalties have been paid in full. Payment of the civil penalty does not necessarily obligate the commissioner to issue any license or permit; provided, no such action affecting licenses or permits shall be taken without a hearing as provided in the Uniform Administrative Procedures Act.
Acts 1988, ch. 878, § 7; 1991, ch. 149, § 1; 2000, ch. 603, § 1.
Tenn. Code Ann. § 4-28-111 — TN Code / Title 4 / Chapter 28 / Section 4-28-111
Annual review - Summary of findings - Curing noncompliance
Status: in_force

(a) The department shall conduct an annual review of each qualified TNInvestco to determine if the qualified TNInvestco is abiding by the requirements of the program and to ensure that no investments have been made in violation of this chapter. This review shall include the use of the scorecard data received from each qualified TNInvestco as provided in § 4-28-113 . The department shall also compare this scorecard data to the qualified TNInvestco's original application to examine the investment strategy for accuracy and consistency and to ensure that statutory requirements and the department's policies are met each year. Information provided to the department pursuant to this section shall be kept confidential due to the proprietary nature of such information. The cost of the annual review shall be paid by each qualified TNInvestco according to a reasonable fee schedule adopted by the department. (b) The department shall provide the qualified TNInvestco a summary of findings including any areas of noncompliance. Failure to cure the areas of noncompliance within forty-five (45) days from the date of the notice of noncompliance shall result in a penalty of ten thousand dollars ($10,000) per day until the noncompliance is cured. The proceeds from a penalty assessed pursuant to this subsection (b) shall be deposited into the Tennessee rural opportunity fund, to further the state's economic development efforts. Funds related to the investment tax credit shall not be used to pay the penalty imposed under this section. (c) The department of economic and community development shall provide the comptroller of the treasury and the state treasurer, upon request, a copy of any written findings made in connection with the annual review required under subsection (a) and a copy of the summary of findings provided to the qualified TNInvestco pursuant to subsection (b). (d) The department of economic and community development may promulgate rules to ensure compliance with the requirements listed in this chapter and the policies and procedures set forth by the department. Rules promulgated by the department may assess a penalty of up to ten thousand dollars ($10,000) per incidence for failure to comply with the requirements. The proceeds from any such penalty shall be deposited into the Tennessee rural opportunity fund to further the state's economic development efforts. Funds related to the investment tax credit shall not be used to pay the penalty imposed by the rules. Any penalty assessed may be netted against the annual management fee. Amended by 2014 Tenn. Acts, ch. 611,Secs.s6, s7 eff. 7/1/2014. Amended by 2014 Tenn. Acts, ch. 611,s 5, eff. 7/1/2014. Acts 2009, ch. 610, § 12; 2010, ch. 1142, § 17.
(a) The department shall conduct an annual review of each qualified TNInvestco to determine if the qualified TNInvestco is abiding by the requirements of the program and to ensure that no investments have been made in violation of this chapter. This review shall include the use of the scorecard data received from each qualified TNInvestco as provided in § 4-28-113 . The department shall also compare this scorecard data to the qualified TNInvestco's original application to examine the investment strategy for accuracy and consistency and to ensure that statutory requirements and the department's policies are met each year. Information provided to the department pursuant to this section shall be kept confidential due to the proprietary nature of such information. The cost of the annual review shall be paid by each qualified TNInvestco according to a reasonable fee schedule adopted by the department.
(b) The department shall provide the qualified TNInvestco a summary of findings including any areas of noncompliance. Failure to cure the areas of noncompliance within forty-five (45) days from the date of the notice of noncompliance shall result in a penalty of ten thousand dollars ($10,000) per day until the noncompliance is cured. The proceeds from a penalty assessed pursuant to this subsection (b) shall be deposited into the Tennessee rural opportunity fund, to further the state's economic development efforts. Funds related to the investment tax credit shall not be used to pay the penalty imposed under this section.
(c) The department of economic and community development shall provide the comptroller of the treasury and the state treasurer, upon request, a copy of any written findings made in connection with the annual review required under subsection (a) and a copy of the summary of findings provided to the qualified TNInvestco pursuant to subsection (b).
(d) The department of economic and community development may promulgate rules to ensure compliance with the requirements listed in this chapter and the policies and procedures set forth by the department. Rules promulgated by the department may assess a penalty of up to ten thousand dollars ($10,000) per incidence for failure to comply with the requirements. The proceeds from any such penalty shall be deposited into the Tennessee rural opportunity fund to further the state's economic development efforts. Funds related to the investment tax credit shall not be used to pay the penalty imposed by the rules. Any penalty assessed may be netted against the annual management fee.
Amended by 2014 Tenn. Acts, ch. 611,Secs.s6, s7 eff. 7/1/2014.
Amended by 2014 Tenn. Acts, ch. 611,s 5, eff. 7/1/2014.
Acts 2009, ch. 610, § 12; 2010, ch. 1142, § 17.
Tenn. Code Ann. § 4-31-1101 — TN Code / Title 4 / Chapter 31 / Section 4-31-1101
Part definitions - Eligibility - Purposes - Application and review procedure
Status: in_force

(a) For the purposes of this part, the following definitions shall apply: (1) "Authority", "construction", and "education project" as defined in § 4-31-1003 ; (2) "Available local capital outlay funds" means, with respect to any LGU or LEA, the state share of the capital outlay portion of the nonclassroom component of the BEP funding as set forth in the formula model established or revised by the state board of education, or any replacement funding, approved by the general assembly from time to time, that the LGU or LEA is entitled to receive; (3) [Deleted by 2022 amendment.] (4) "Education debt" means debt issued, together with any debt issued to renew or refund the debt, by any LGU to finance the construction of education projects subject to an agreement entered into pursuant to this part; (5) "Enhancement program" means the program established pursuant to this part; (6) "Local education agency" or "LEA" has the same meaning as defined in § 49-3-104 ; (7) "Local government unit" (LGU), as defined in § 4-31-102 ; and (8) "Tennessee investment in student achievement formula" or "TISA" has the same meaning as defined in § 49-3-104 . (b) Only LGUs funding the local share of the TISA for an LEA shall be eligible to participate in the program under this part. (c) The authority, in conjunction with the department of education, is empowered and is authorized to develop an enhancement program under which legally available state funds and available local capital outlay funds assigned or pledged by the LGU or LEA may be applied to one (1) or more of the following purposes for education debt issued by LGUs: (1) To pay the debt service on or to provide for the payment of debt service on such debt; or (2) To provide reserves for such debt. (d) The department of education, in conjunction with the authority, shall develop an application and review procedure for requests under this enhancement program. The department of education shall review each proposed education project and shall make recommendations to the authority as to the applications. The department shall monitor education projects during the term of the agreements required by § 4-31-1102 . Amended by 2022 Tenn. Acts, ch. 966, s 85, eff. 7/1/2023. Amended by 2022 Tenn. Acts, ch. 966, s 84, eff. 7/1/2023. Acts 2005, ch. 211, § 1.
(a) For the purposes of this part, the following definitions shall apply: (1) "Authority", "construction", and "education project" as defined in § 4-31-1003 ; (2) "Available local capital outlay funds" means, with respect to any LGU or LEA, the state share of the capital outlay portion of the nonclassroom component of the BEP funding as set forth in the formula model established or revised by the state board of education, or any replacement funding, approved by the general assembly from time to time, that the LGU or LEA is entitled to receive; (3) [Deleted by 2022 amendment.] (4) "Education debt" means debt issued, together with any debt issued to renew or refund the debt, by any LGU to finance the construction of education projects subject to an agreement entered into pursuant to this part; (5) "Enhancement program" means the program established pursuant to this part; (6) "Local education agency" or "LEA" has the same meaning as defined in § 49-3-104 ; (7) "Local government unit" (LGU), as defined in § 4-31-102 ; and (8) "Tennessee investment in student achievement formula" or "TISA" has the same meaning as defined in § 49-3-104 .
(1) "Authority", "construction", and "education project" as defined in § 4-31-1003 ;
(2) "Available local capital outlay funds" means, with respect to any LGU or LEA, the state share of the capital outlay portion of the nonclassroom component of the BEP funding as set forth in the formula model established or revised by the state board of education, or any replacement funding, approved by the general assembly from time to time, that the LGU or LEA is entitled to receive;
(3) [Deleted by 2022 amendment.]
(4) "Education debt" means debt issued, together with any debt issued to renew or refund the debt, by any LGU to finance the construction of education projects subject to an agreement entered into pursuant to this part;
(5) "Enhancement program" means the program established pursuant to this part;
(6) "Local education agency" or "LEA" has the same meaning as defined in § 49-3-104 ;
(7) "Local government unit" (LGU), as defined in § 4-31-102 ; and
(8) "Tennessee investment in student achievement formula" or "TISA" has the same meaning as defined in § 49-3-104 .
(b) Only LGUs funding the local share of the TISA for an LEA shall be eligible to participate in the program under this part.
(c) The authority, in conjunction with the department of education, is empowered and is authorized to develop an enhancement program under which legally available state funds and available local capital outlay funds assigned or pledged by the LGU or LEA may be applied to one (1) or more of the following purposes for education debt issued by LGUs: (1) To pay the debt service on or to provide for the payment of debt service on such debt; or (2) To provide reserves for such debt.
(1) To pay the debt service on or to provide for the payment of debt service on such debt; or
(2) To provide reserves for such debt.
(d) The department of education, in conjunction with the authority, shall develop an application and review procedure for requests under this enhancement program. The department of education shall review each proposed education project and shall make recommendations to the authority as to the applications. The department shall monitor education projects during the term of the agreements required by § 4-31-1102 .
Amended by 2022 Tenn. Acts, ch. 966, s 85, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 966, s 84, eff. 7/1/2023.
Acts 2005, ch. 211, § 1.
Tenn. Code Ann. § 4-31-805 — TN Code / Title 4 / Chapter 31 / Section 4-31-805
Review by commissioner of commerce and insurance
Status: in_force

Prior to the issuance of bonds to pay covered claims in the event of an insolvency, the commissioner of commerce and insurance shall recommend the amount of unpaid covered claims to be paid from the bond issuance. In making its recommendation, the commissioner shall review whether the amount of assessments proposed by the association could service repayment of the bond indebtedness and whether the insurers have the ability to pay the assessments to be levied. Acts 1995, ch. 240, § 1.
Prior to the issuance of bonds to pay covered claims in the event of an insolvency, the commissioner of commerce and insurance shall recommend the amount of unpaid covered claims to be paid from the bond issuance. In making its recommendation, the commissioner shall review whether the amount of assessments proposed by the association could service repayment of the bond indebtedness and whether the insurers have the ability to pay the assessments to be levied.
Acts 1995, ch. 240, § 1.
Tenn. Code Ann. § 4-5-219 — TN Code / Title 4 / Chapter 5 / Section 4-5-219
Model rules of procedure
Status: in_force

(a) The secretary of state, from time to time, may adopt, in accordance with the rulemaking requirements of this chapter, model rules of procedure appropriate for use by as many agencies as possible. (b) The model rules shall deal with all general functions and duties performed in common by several agencies. (c) Each agency shall adopt as much of the model rules as is practicable. To the extent an agency adopts the model rules, it shall do so in accordance with the rulemaking requirements of this chapter. (d) Any rule or procedure adopted by an agency that differs from the model rules shall be accompanied by a finding stating the reasons why the relevant portions of the model rules were impracticable for such agency. Amended by 2016 Tenn. Acts, ch. 576,s 6, eff. 7/1/2016. Acts 1982, ch. 874, § 29.
(a) The secretary of state, from time to time, may adopt, in accordance with the rulemaking requirements of this chapter, model rules of procedure appropriate for use by as many agencies as possible.
(b) The model rules shall deal with all general functions and duties performed in common by several agencies.
(c) Each agency shall adopt as much of the model rules as is practicable. To the extent an agency adopts the model rules, it shall do so in accordance with the rulemaking requirements of this chapter.
(d) Any rule or procedure adopted by an agency that differs from the model rules shall be accompanied by a finding stating the reasons why the relevant portions of the model rules were impracticable for such agency.
Amended by 2016 Tenn. Acts, ch. 576,s 6, eff. 7/1/2016.
Acts 1982, ch. 874, § 29.
Tenn. Code Ann. § 4-5-203 — TN Code / Title 4 / Chapter 5 / Section 4-5-203
Notice of hearing
Status: in_force

(a) Whenever an agency is required by law to hold a public hearing as part of its rulemaking process, the agency shall: (1) (A) Transmit written notice of the hearings to the secretary of state for publication in the notice section of the administrative register website and, if a statute applicable to the specific agency or a specific rule or class of rules under consideration requires some other form of publication, publish notice as required by that statute in addition to publication in the notice section of the administrative register website. Such notice of a hearing shall remain on the website until the date of such hearing; (B) Whenever an agency is required by law to hold a public hearing as part of its rulemaking process, the agency shall make copies of the rule available in redline form to persons in attendance at the hearing. As used in this subsection (a), "redline form" has the same meaning as defined in § 4-5-226(i)(2)(B) ; (2) Take such other steps as it deems necessary to convey effective notice to persons who are likely to have an interest in the rule being proposed. (b) Except as otherwise permitted by § 4-5-204(e) , notice through publication on the administrative register website shall be given at least forty-five (45) days prior to the date set for the hearing and shall be deemed to have been given seven (7) days from the date notice was transmitted to the secretary of state for such publication. (c) The notice required under subdivision (a)(1)(A) shall include: (1) A statement of the time and place at which the hearing is to be held; (2) (A) The express terms of the rule being proposed; provided, that an informative summary reasonably calculated to give notice to interested parties may be substituted for the express terms of the rule being proposed if: (i) The express terms of the rule being proposed are filed with the secretary of state; (ii) The secretary of state determines that publication of the entire text of the rule being proposed would be impractical; and (iii) The complete text of the express terms of the rule being proposed is made available by the secretary of state or the agency for public inspection and copying; (B) Nothing in this section shall be construed to preclude an agency from making changes in the rule being proposed after the public hearing, so long as the changes are within the scope of the rulemaking notice filed with the secretary of state; (3) Insofar as practicable, a reference to the statutory authority pursuant to which the agency proposed to adopt the rule; and (4) Any additional matter that may be prescribed by statute applicable to the specific rule or class of rules under consideration. (d) Failure of any person to receive notice of a hearing on a rule being proposed is not grounds for invalidating the resulting rule if notice of the hearing was published as provided in subdivision (a)(1). (e) The secretary of state shall prescribe rules governing the manner and form in which written notice of hearings shall be transmitted by the agencies to the secretary of state for publication in the notice section of the administrative register website. The secretary of state may require the online submission of notices of hearing and related filings pursuant to this part. The secretary of state may refuse to accept for publication any notice of hearing transmitted that does not conform to such requirements, in which case transmission of notice shall be deemed not to have been satisfied under subdivision (a)(1) and subsection (b). (f) (1) Except as provided in subdivision (f)(2), a hearing shall be conducted prior to the adoption of a permanent rule if such rule was filed previously as an emergency rule pursuant to § 4-5-208 . (2) A hearing shall not be required if the emergency rule was required by an agency of the federal government and adoption of the rule through ordinary rulemaking procedures might jeopardize the loss of a federal program or funds. Amended by 2021 Tenn. Acts, ch. 531, Secs.s4, s5 eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 531, s 3, eff. 7/1/2021. Amended by 2018 Tenn. Acts, ch. 611, s 2, eff. 7/1/2018. Amended by 2018 Tenn. Acts, ch. 611, s 1, eff. 7/1/2018. Amended by 2016 Tenn. Acts, ch. 576, s 2, eff. 7/1/2016. Amended by 2014 Tenn. Acts, ch. 782, s 2, eff. 7/1/2014. Acts 1975, ch. 370, § 8; T.C.A., §§ 4-531, 4-5-125; Acts 1982, ch. 874, § 11; 1986, ch. 738, § 6; 1991, ch. 346, §§ 1, 2; 2009 , ch. 566, §§ 6, 7; 2010 , ch. 1125, § 1.
(a) Whenever an agency is required by law to hold a public hearing as part of its rulemaking process, the agency shall: (1) (A) Transmit written notice of the hearings to the secretary of state for publication in the notice section of the administrative register website and, if a statute applicable to the specific agency or a specific rule or class of rules under consideration requires some other form of publication, publish notice as required by that statute in addition to publication in the notice section of the administrative register website. Such notice of a hearing shall remain on the website until the date of such hearing; (B) Whenever an agency is required by law to hold a public hearing as part of its rulemaking process, the agency shall make copies of the rule available in redline form to persons in attendance at the hearing. As used in this subsection (a), "redline form" has the same meaning as defined in § 4-5-226(i)(2)(B) ; (2) Take such other steps as it deems necessary to convey effective notice to persons who are likely to have an interest in the rule being proposed.
(1) (A) Transmit written notice of the hearings to the secretary of state for publication in the notice section of the administrative register website and, if a statute applicable to the specific agency or a specific rule or class of rules under consideration requires some other form of publication, publish notice as required by that statute in addition to publication in the notice section of the administrative register website. Such notice of a hearing shall remain on the website until the date of such hearing; (B) Whenever an agency is required by law to hold a public hearing as part of its rulemaking process, the agency shall make copies of the rule available in redline form to persons in attendance at the hearing. As used in this subsection (a), "redline form" has the same meaning as defined in § 4-5-226(i)(2)(B) ;
(A) Transmit written notice of the hearings to the secretary of state for publication in the notice section of the administrative register website and, if a statute applicable to the specific agency or a specific rule or class of rules under consideration requires some other form of publication, publish notice as required by that statute in addition to publication in the notice section of the administrative register website. Such notice of a hearing shall remain on the website until the date of such hearing;
(B) Whenever an agency is required by law to hold a public hearing as part of its rulemaking process, the agency shall make copies of the rule available in redline form to persons in attendance at the hearing. As used in this subsection (a), "redline form" has the same meaning as defined in § 4-5-226(i)(2)(B) ;
(2) Take such other steps as it deems necessary to convey effective notice to persons who are likely to have an interest in the rule being proposed.
(b) Except as otherwise permitted by § 4-5-204(e) , notice through publication on the administrative register website shall be given at least forty-five (45) days prior to the date set for the hearing and shall be deemed to have been given seven (7) days from the date notice was transmitted to the secretary of state for such publication.
(c) The notice required under subdivision (a)(1)(A) shall include: (1) A statement of the time and place at which the hearing is to be held; (2) (A) The express terms of the rule being proposed; provided, that an informative summary reasonably calculated to give notice to interested parties may be substituted for the express terms of the rule being proposed if: (i) The express terms of the rule being proposed are filed with the secretary of state; (ii) The secretary of state determines that publication of the entire text of the rule being proposed would be impractical; and (iii) The complete text of the express terms of the rule being proposed is made available by the secretary of state or the agency for public inspection and copying; (B) Nothing in this section shall be construed to preclude an agency from making changes in the rule being proposed after the public hearing, so long as the changes are within the scope of the rulemaking notice filed with the secretary of state; (3) Insofar as practicable, a reference to the statutory authority pursuant to which the agency proposed to adopt the rule; and (4) Any additional matter that may be prescribed by statute applicable to the specific rule or class of rules under consideration.
(1) A statement of the time and place at which the hearing is to be held;
(2) (A) The express terms of the rule being proposed; provided, that an informative summary reasonably calculated to give notice to interested parties may be substituted for the express terms of the rule being proposed if: (i) The express terms of the rule being proposed are filed with the secretary of state; (ii) The secretary of state determines that publication of the entire text of the rule being proposed would be impractical; and (iii) The complete text of the express terms of the rule being proposed is made available by the secretary of state or the agency for public inspection and copying; (B) Nothing in this section shall be construed to preclude an agency from making changes in the rule being proposed after the public hearing, so long as the changes are within the scope of the rulemaking notice filed with the secretary of state;
(A) The express terms of the rule being proposed; provided, that an informative summary reasonably calculated to give notice to interested parties may be substituted for the express terms of the rule being proposed if: (i) The express terms of the rule being proposed are filed with the secretary of state; (ii) The secretary of state determines that publication of the entire text of the rule being proposed would be impractical; and (iii) The complete text of the express terms of the rule being proposed is made available by the secretary of state or the agency for public inspection and copying;
(i) The express terms of the rule being proposed are filed with the secretary of state;
(ii) The secretary of state determines that publication of the entire text of the rule being proposed would be impractical; and
(iii) The complete text of the express terms of the rule being proposed is made available by the secretary of state or the agency for public inspection and copying;
(B) Nothing in this section shall be construed to preclude an agency from making changes in the rule being proposed after the public hearing, so long as the changes are within the scope of the rulemaking notice filed with the secretary of state;
(3) Insofar as practicable, a reference to the statutory authority pursuant to which the agency proposed to adopt the rule; and
(4) Any additional matter that may be prescribed by statute applicable to the specific rule or class of rules under consideration.
(d) Failure of any person to receive notice of a hearing on a rule being proposed is not grounds for invalidating the resulting rule if notice of the hearing was published as provided in subdivision (a)(1).
(e) The secretary of state shall prescribe rules governing the manner and form in which written notice of hearings shall be transmitted by the agencies to the secretary of state for publication in the notice section of the administrative register website. The secretary of state may require the online submission of notices of hearing and related filings pursuant to this part. The secretary of state may refuse to accept for publication any notice of hearing transmitted that does not conform to such requirements, in which case transmission of notice shall be deemed not to have been satisfied under subdivision (a)(1) and subsection (b).
(f) (1) Except as provided in subdivision (f)(2), a hearing shall be conducted prior to the adoption of a permanent rule if such rule was filed previously as an emergency rule pursuant to § 4-5-208 . (2) A hearing shall not be required if the emergency rule was required by an agency of the federal government and adoption of the rule through ordinary rulemaking procedures might jeopardize the loss of a federal program or funds.
(1) Except as provided in subdivision (f)(2), a hearing shall be conducted prior to the adoption of a permanent rule if such rule was filed previously as an emergency rule pursuant to § 4-5-208 .
(2) A hearing shall not be required if the emergency rule was required by an agency of the federal government and adoption of the rule through ordinary rulemaking procedures might jeopardize the loss of a federal program or funds.
Amended by 2021 Tenn. Acts, ch. 531, Secs.s4, s5 eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 531, s 3, eff. 7/1/2021.
Amended by 2018 Tenn. Acts, ch. 611, s 2, eff. 7/1/2018.
Amended by 2018 Tenn. Acts, ch. 611, s 1, eff. 7/1/2018.
Amended by 2016 Tenn. Acts, ch. 576, s 2, eff. 7/1/2016.
Amended by 2014 Tenn. Acts, ch. 782, s 2, eff. 7/1/2014.
Acts 1975, ch. 370, § 8; T.C.A., §§ 4-531, 4-5-125; Acts 1982, ch. 874, § 11; 1986, ch. 738, § 6; 1991, ch. 346, §§ 1, 2; 2009 , ch. 566, §§ 6, 7; 2010 , ch. 1125, § 1.
Tenn. Code Ann. § 4-6-202 — TN Code / Title 4 / Chapter 6 / Section 4-6-202
Funding
Status: in_force

Funds available for the development and implementation of a volunteer inmate work program and for construction of a facility or facilities to house inmates participating in such programs to help alleviate over-crowding in existing institutions shall be as provided by the general appropriations act. Any such facility shall be constructed by volunteer prison labor. Acts 1981, ch. 421, § 2.
Funds available for the development and implementation of a volunteer inmate work program and for construction of a facility or facilities to house inmates participating in such programs to help alleviate over-crowding in existing institutions shall be as provided by the general appropriations act. Any such facility shall be constructed by volunteer prison labor.
Acts 1981, ch. 421, § 2.
Tenn. Code Ann. § 4-1-105 — TN Code / Title 4 / Chapter 1 / Section 4-1-105
Retrocession of federal jurisdiction
Status: in_force

(a) The consent of this state is hereby given to the retrocession of jurisdiction by the United States over land owned by the United States within the boundaries of this state, and the governor of this state is hereby authorized to accept for this state such retrocession of jurisdiction. (b) Retrocession of jurisdiction shall be effected by written notice by the principal officer of the agency of the United States having supervision and control over the land by metes and bounds and stating that legislative, executive and judicial jurisdiction is to be retroceded to this state and the filing of a statement of acceptance of jurisdiction by the governor of this state with the secretary of state of this state. Acts 1975, ch. 266, § 1; T.C.A., § 4-121.
(a) The consent of this state is hereby given to the retrocession of jurisdiction by the United States over land owned by the United States within the boundaries of this state, and the governor of this state is hereby authorized to accept for this state such retrocession of jurisdiction.
(b) Retrocession of jurisdiction shall be effected by written notice by the principal officer of the agency of the United States having supervision and control over the land by metes and bounds and stating that legislative, executive and judicial jurisdiction is to be retroceded to this state and the filing of a statement of acceptance of jurisdiction by the governor of this state with the secretary of state of this state.
Acts 1975, ch. 266, § 1; T.C.A., § 4-121.
Tenn. Code Ann. § 4-14-108 — TN Code / Title 4 / Chapter 14 / Section 4-14-108
Industrial development division - Building finance committee
Status: in_force

(a) There is created in the industrial development division, referred to in this section as the "division," a building finance committee referred to in this section as the "committee," which shall exercise the powers and duties and discharge the responsibilities enumerated in this section and in title 7, chapters 53 and 55 for such committee, subject to such review and rules and regulations as may be prescribed by the division. (b) The committee shall consist of the vice chair of the former Tennessee board of economic growth, serving ex officio as chair of the committee, and six (6) additional members appointed by the governor, two (2) from each of the three (3) grand geographical divisions of the state, who shall be competent to serve on the committee by reason of experience in the fields of investment finance or industry. (c) The term of each appointive member shall be four (4) years. (d) Any vacancy in the appointive membership shall be filled by the governor for the unexpired term. (e) The members of the committee shall serve without pay, except for actual expenses incurred in the course of attending to the official business of the committee. (f) The director of the division shall serve as secretary of the committee, and such additional staff may be assigned or employed as may be deemed necessary by the committee, to carry out effectively title 7, chapters 53 and 55. (g) A majority of the members of the committee shall constitute a quorum for the transaction of any and all business of the committee, and one (1) member shall be designated as a vice chair to preside at meetings and otherwise act as chair in the absence of the chair. (h) All orders, findings, acts and certificates of the committee shall be attested by the signature of the chair or vice chair, and the secretary, and when so attested, all orders, acts, findings and certificates of the committee shall be competent evidence and shall be given full faith and credit in any court or proceeding, and unless affirmatively shown to the contrary, it shall be presumed that the proceedings of the committee were in all things regular. (i) The secretary, or in the secretary's absence, some person designated by the secretary to act in the secretary's place, shall keep regular and accurate minutes of the committee's proceedings, in a minute book provided for that purpose, which shall be a public record, and all orders, findings and acts of the committee shall be entered upon its minutes. (j) The committee is authorized and empowered to use and expend such funds as may be made available for its purposes by the staff division. (k) The committee shall hold regular meetings at the offices of the division, and at such other times and places as its duties may require, with the express authority to adjourn or recess from time to time, and place to place, and to convene special meetings by unanimous consent. (l) All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter. (m) The committee shall adopt and implement a conflict of interest policy for committee members. The policy shall mandate annual written disclosures of financial interests, other possible conflicts of interest, and an acknowledgement by committee members that they have read and understand all aspects of the policy. The policy shall also require persons who are to be appointed to the committee to acknowledge, as a condition of appointment, that they are not in conflict with the conditions of the policy. Acts 1955, ch. 210, § 13; impl. am. Acts 1963, ch. 169, § 2; impl. am. Acts 1972, ch. 852, §§ 12, 13; Acts 1976, ch. 806, § 1 (44); T.C.A., §§ 4-1401, 4-1408; Acts 2013, ch. 252, § 4; T.C.A. 4-14-109.
(a) There is created in the industrial development division, referred to in this section as the "division," a building finance committee referred to in this section as the "committee," which shall exercise the powers and duties and discharge the responsibilities enumerated in this section and in title 7, chapters 53 and 55 for such committee, subject to such review and rules and regulations as may be prescribed by the division.
(b) The committee shall consist of the vice chair of the former Tennessee board of economic growth, serving ex officio as chair of the committee, and six (6) additional members appointed by the governor, two (2) from each of the three (3) grand geographical divisions of the state, who shall be competent to serve on the committee by reason of experience in the fields of investment finance or industry.
(c) The term of each appointive member shall be four (4) years.
(d) Any vacancy in the appointive membership shall be filled by the governor for the unexpired term.
(e) The members of the committee shall serve without pay, except for actual expenses incurred in the course of attending to the official business of the committee.
(f) The director of the division shall serve as secretary of the committee, and such additional staff may be assigned or employed as may be deemed necessary by the committee, to carry out effectively title 7, chapters 53 and 55.
(g) A majority of the members of the committee shall constitute a quorum for the transaction of any and all business of the committee, and one (1) member shall be designated as a vice chair to preside at meetings and otherwise act as chair in the absence of the chair.
(h) All orders, findings, acts and certificates of the committee shall be attested by the signature of the chair or vice chair, and the secretary, and when so attested, all orders, acts, findings and certificates of the committee shall be competent evidence and shall be given full faith and credit in any court or proceeding, and unless affirmatively shown to the contrary, it shall be presumed that the proceedings of the committee were in all things regular.
(i) The secretary, or in the secretary's absence, some person designated by the secretary to act in the secretary's place, shall keep regular and accurate minutes of the committee's proceedings, in a minute book provided for that purpose, which shall be a public record, and all orders, findings and acts of the committee shall be entered upon its minutes.
(j) The committee is authorized and empowered to use and expend such funds as may be made available for its purposes by the staff division.
(k) The committee shall hold regular meetings at the offices of the division, and at such other times and places as its duties may require, with the express authority to adjourn or recess from time to time, and place to place, and to convene special meetings by unanimous consent.
(l) All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter.
(m) The committee shall adopt and implement a conflict of interest policy for committee members. The policy shall mandate annual written disclosures of financial interests, other possible conflicts of interest, and an acknowledgement by committee members that they have read and understand all aspects of the policy. The policy shall also require persons who are to be appointed to the committee to acknowledge, as a condition of appointment, that they are not in conflict with the conditions of the policy.
Acts 1955, ch. 210, § 13; impl. am. Acts 1963, ch. 169, § 2; impl. am. Acts 1972, ch. 852, §§ 12, 13; Acts 1976, ch. 806, § 1 (44); T.C.A., §§ 4-1401, 4-1408; Acts 2013, ch. 252, § 4; T.C.A. 4-14-109.
Tenn. Code Ann. § 4-3-2711 — TN Code / Title 4 / Chapter 3 / Section 4-3-2711
Council on autism spectrum disorder
Status: in_force

(a) There is created the Tennessee council on autism spectrum disorder to establish a long-term plan for a system of care for individuals with autism spectrum disorder and their families. The council shall make recommendations and provide leadership in program development regarding matters concerning all levels of autism spectrum disorder services, including, but not limited to, health care, education, and other adult, adolescent, and children's services. (b) The council shall consist of the following members: (1) The commissioner of disability and aging or the commissioner's designee; (2) The commissioner of health or the commissioner's designee; (3) The commissioner of education or the commissioner's designee; (4) The commissioner of human services or the commissioner's designee; (5) The commissioner of commerce and insurance or the commissioner's designee; (6) The deputy commissioner of the bureau of TennCare or the deputy commissioner's designee; (7) The commissioner of mental health and substance abuse services or the commissioner's designee; (8) The executive director of the commission on children and youth or the executive director's designee; (9) One (1) representative of the council on developmental disabilities; and (10) (A) Nine (9) adults who have a diagnosis of autism spectrum disorder, or who are either family members or primary caregivers of persons with a diagnosis of autism spectrum disorder. Three (3) of these adult members shall represent each grand division of the state, and these persons shall be appointed by the governor after the governor receives nominations from Tennessee not-for-profit organizations that serve persons with autism spectrum disorder and their families; (B) Initial appointees to the council pursuant to subdivision (b)(10)(A) shall serve staggered terms as follows: (i) Persons appointed from the western grand division shall serve initial terms terminating on June 30, 2019; (ii) Persons appointed from the middle grand division shall serve initial terms terminating on June 30, 2020; and (iii) Persons appointed from the eastern grand division shall serve initial terms terminating on June 30, 2021; (C) Following the expiration of members' initial terms as prescribed in subdivision (b)(10)(B), all appointments to the council shall be for terms of three (3) years and shall begin on July 1 and terminate on June 30, three (3) years thereafter; (D) All members shall serve until the expiration of the term to which they were appointed and until their successors are appointed and qualified; (E) Successors shall be appointed from the same grand divisions from which the members they are replacing were initially appointed; (F) Members shall be eligible for reappointment to the council following the expiration of their terms, but shall serve no more than two (2) consecutive three-year terms. (c) A majority of the members shall constitute a quorum. The governor shall appoint a chair from the members named to the council. (d) The council shall meet quarterly and may meet more often upon a call of the chair. (e) The council shall be administratively attached to the department of disability and aging. All appropriate agencies of state government shall provide assistance to the council upon request of the council. (f) If vacancies occur on the council for any cause, the vacancies shall be filled by the respective appointing authority within sixty (60) days for the duration of the unexpired term, if applicable. (g) The members of the council serve without compensation, but are eligible for reimbursement for travel expenses incurred for attendance at meetings of the council. Reimbursement for travel expenses must be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. (h) The council shall: (1) Assess the current and future impact of autism spectrum disorder on the residents of the state; (2) Assess the availability of programs and services currently provided for early screening, diagnosis, and treatment of autism spectrum disorder; (3) Seek additional input and recommendations from stakeholders, including, but not limited to, families, providers, clinicians, institutions of higher education, and those concerned with the health and quality of life for individuals with autism spectrum disorder; (4) Develop a comprehensive statewide plan for an integrated system of training, treatment, and services for individuals with autism spectrum disorder; (5) Ensure interagency collaboration as the comprehensive statewide system of care for individuals with autism spectrum disorder is developed and implemented; (6) Coordinate available resources related to developing and implementing a system of care for individuals with autism spectrum disorder; and (7) Coordinate state budget requests related to systems of care for individuals with autism spectrum disorder based on the studies and recommendations of the council. Amended by 2024 Tenn. Acts, ch. 828,s 1, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 688,s 112, eff. 7/1/2024. Acts 2017, ch. 86, § 1.
(a) There is created the Tennessee council on autism spectrum disorder to establish a long-term plan for a system of care for individuals with autism spectrum disorder and their families. The council shall make recommendations and provide leadership in program development regarding matters concerning all levels of autism spectrum disorder services, including, but not limited to, health care, education, and other adult, adolescent, and children's services.
(b) The council shall consist of the following members: (1) The commissioner of disability and aging or the commissioner's designee; (2) The commissioner of health or the commissioner's designee; (3) The commissioner of education or the commissioner's designee; (4) The commissioner of human services or the commissioner's designee; (5) The commissioner of commerce and insurance or the commissioner's designee; (6) The deputy commissioner of the bureau of TennCare or the deputy commissioner's designee; (7) The commissioner of mental health and substance abuse services or the commissioner's designee; (8) The executive director of the commission on children and youth or the executive director's designee; (9) One (1) representative of the council on developmental disabilities; and (10) (A) Nine (9) adults who have a diagnosis of autism spectrum disorder, or who are either family members or primary caregivers of persons with a diagnosis of autism spectrum disorder. Three (3) of these adult members shall represent each grand division of the state, and these persons shall be appointed by the governor after the governor receives nominations from Tennessee not-for-profit organizations that serve persons with autism spectrum disorder and their families; (B) Initial appointees to the council pursuant to subdivision (b)(10)(A) shall serve staggered terms as follows: (i) Persons appointed from the western grand division shall serve initial terms terminating on June 30, 2019; (ii) Persons appointed from the middle grand division shall serve initial terms terminating on June 30, 2020; and (iii) Persons appointed from the eastern grand division shall serve initial terms terminating on June 30, 2021; (C) Following the expiration of members' initial terms as prescribed in subdivision (b)(10)(B), all appointments to the council shall be for terms of three (3) years and shall begin on July 1 and terminate on June 30, three (3) years thereafter; (D) All members shall serve until the expiration of the term to which they were appointed and until their successors are appointed and qualified; (E) Successors shall be appointed from the same grand divisions from which the members they are replacing were initially appointed; (F) Members shall be eligible for reappointment to the council following the expiration of their terms, but shall serve no more than two (2) consecutive three-year terms.
(1) The commissioner of disability and aging or the commissioner's designee;
(2) The commissioner of health or the commissioner's designee;
(3) The commissioner of education or the commissioner's designee;
(4) The commissioner of human services or the commissioner's designee;
(5) The commissioner of commerce and insurance or the commissioner's designee;
(6) The deputy commissioner of the bureau of TennCare or the deputy commissioner's designee;
(7) The commissioner of mental health and substance abuse services or the commissioner's designee;
(8) The executive director of the commission on children and youth or the executive director's designee;
(9) One (1) representative of the council on developmental disabilities; and
(10) (A) Nine (9) adults who have a diagnosis of autism spectrum disorder, or who are either family members or primary caregivers of persons with a diagnosis of autism spectrum disorder. Three (3) of these adult members shall represent each grand division of the state, and these persons shall be appointed by the governor after the governor receives nominations from Tennessee not-for-profit organizations that serve persons with autism spectrum disorder and their families; (B) Initial appointees to the council pursuant to subdivision (b)(10)(A) shall serve staggered terms as follows: (i) Persons appointed from the western grand division shall serve initial terms terminating on June 30, 2019; (ii) Persons appointed from the middle grand division shall serve initial terms terminating on June 30, 2020; and (iii) Persons appointed from the eastern grand division shall serve initial terms terminating on June 30, 2021; (C) Following the expiration of members' initial terms as prescribed in subdivision (b)(10)(B), all appointments to the council shall be for terms of three (3) years and shall begin on July 1 and terminate on June 30, three (3) years thereafter; (D) All members shall serve until the expiration of the term to which they were appointed and until their successors are appointed and qualified; (E) Successors shall be appointed from the same grand divisions from which the members they are replacing were initially appointed; (F) Members shall be eligible for reappointment to the council following the expiration of their terms, but shall serve no more than two (2) consecutive three-year terms.
(A) Nine (9) adults who have a diagnosis of autism spectrum disorder, or who are either family members or primary caregivers of persons with a diagnosis of autism spectrum disorder. Three (3) of these adult members shall represent each grand division of the state, and these persons shall be appointed by the governor after the governor receives nominations from Tennessee not-for-profit organizations that serve persons with autism spectrum disorder and their families;
(B) Initial appointees to the council pursuant to subdivision (b)(10)(A) shall serve staggered terms as follows: (i) Persons appointed from the western grand division shall serve initial terms terminating on June 30, 2019; (ii) Persons appointed from the middle grand division shall serve initial terms terminating on June 30, 2020; and (iii) Persons appointed from the eastern grand division shall serve initial terms terminating on June 30, 2021;
(i) Persons appointed from the western grand division shall serve initial terms terminating on June 30, 2019;
(ii) Persons appointed from the middle grand division shall serve initial terms terminating on June 30, 2020; and
(iii) Persons appointed from the eastern grand division shall serve initial terms terminating on June 30, 2021;
(C) Following the expiration of members' initial terms as prescribed in subdivision (b)(10)(B), all appointments to the council shall be for terms of three (3) years and shall begin on July 1 and terminate on June 30, three (3) years thereafter;
(D) All members shall serve until the expiration of the term to which they were appointed and until their successors are appointed and qualified;
(E) Successors shall be appointed from the same grand divisions from which the members they are replacing were initially appointed;
(F) Members shall be eligible for reappointment to the council following the expiration of their terms, but shall serve no more than two (2) consecutive three-year terms.
(c) A majority of the members shall constitute a quorum. The governor shall appoint a chair from the members named to the council.
(d) The council shall meet quarterly and may meet more often upon a call of the chair.
(e) The council shall be administratively attached to the department of disability and aging. All appropriate agencies of state government shall provide assistance to the council upon request of the council.
(f) If vacancies occur on the council for any cause, the vacancies shall be filled by the respective appointing authority within sixty (60) days for the duration of the unexpired term, if applicable.
(g) The members of the council serve without compensation, but are eligible for reimbursement for travel expenses incurred for attendance at meetings of the council. Reimbursement for travel expenses must be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
(h) The council shall: (1) Assess the current and future impact of autism spectrum disorder on the residents of the state; (2) Assess the availability of programs and services currently provided for early screening, diagnosis, and treatment of autism spectrum disorder; (3) Seek additional input and recommendations from stakeholders, including, but not limited to, families, providers, clinicians, institutions of higher education, and those concerned with the health and quality of life for individuals with autism spectrum disorder; (4) Develop a comprehensive statewide plan for an integrated system of training, treatment, and services for individuals with autism spectrum disorder; (5) Ensure interagency collaboration as the comprehensive statewide system of care for individuals with autism spectrum disorder is developed and implemented; (6) Coordinate available resources related to developing and implementing a system of care for individuals with autism spectrum disorder; and (7) Coordinate state budget requests related to systems of care for individuals with autism spectrum disorder based on the studies and recommendations of the council.
(1) Assess the current and future impact of autism spectrum disorder on the residents of the state;
(2) Assess the availability of programs and services currently provided for early screening, diagnosis, and treatment of autism spectrum disorder;
(3) Seek additional input and recommendations from stakeholders, including, but not limited to, families, providers, clinicians, institutions of higher education, and those concerned with the health and quality of life for individuals with autism spectrum disorder;
(4) Develop a comprehensive statewide plan for an integrated system of training, treatment, and services for individuals with autism spectrum disorder;
(5) Ensure interagency collaboration as the comprehensive statewide system of care for individuals with autism spectrum disorder is developed and implemented;
(6) Coordinate available resources related to developing and implementing a system of care for individuals with autism spectrum disorder; and
(7) Coordinate state budget requests related to systems of care for individuals with autism spectrum disorder based on the studies and recommendations of the council.
Amended by 2024 Tenn. Acts, ch. 828,s 1, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 688,s 112, eff. 7/1/2024.
Acts 2017, ch. 86, § 1.
Tenn. Code Ann. § 4-8-403 — TN Code / Title 4 / Chapter 8 / Section 4-8-403
Consultation with state capitol commission - Approval of design - Location for placement
Status: in_force

(a) The commission shall consult with the state capitol commission relative to all aspects of the monument or statue honoring David Crockett, and the state capitol commission must give final approval of the design of such monument or statue prior to its erection. (b) The commission is administratively attached to the department of finance and administration. (c) Once the design of the monument or statue honoring David Crockett is approved by the state capitol commission and the monument or statue is completed, the monument or statue must be placed on a pedestal above the entrance to the Motlow Tunnel on Dr. Martin Luther King, Jr. Boulevard. If relocation of an existing structure is required, private funds must be used for the relocation, and state funds must not be expended for the relocation of an existing structure. Amended by 2021 Tenn. Acts, ch. 175, s 1, eff. 4/20/2021. Amended by 2018 Tenn. Acts, ch. 878, s 1, eff. 7/1/2018. Acts 2012, ch. 1064, § 3.
(a) The commission shall consult with the state capitol commission relative to all aspects of the monument or statue honoring David Crockett, and the state capitol commission must give final approval of the design of such monument or statue prior to its erection.
(b) The commission is administratively attached to the department of finance and administration.
(c) Once the design of the monument or statue honoring David Crockett is approved by the state capitol commission and the monument or statue is completed, the monument or statue must be placed on a pedestal above the entrance to the Motlow Tunnel on Dr. Martin Luther King, Jr. Boulevard. If relocation of an existing structure is required, private funds must be used for the relocation, and state funds must not be expended for the relocation of an existing structure.
Amended by 2021 Tenn. Acts, ch. 175, s 1, eff. 4/20/2021.
Amended by 2018 Tenn. Acts, ch. 878, s 1, eff. 7/1/2018.
Acts 2012, ch. 1064, § 3.
Tenn. Code Ann. § 4-21-406 — TN Code / Title 4 / Chapter 21 / Section 4-21-406
Religion or sex as bona fide occupational qualifications - Affirmative action plans
Status: in_force

(a) It is not a discriminatory practice for: (1) An employer to employ employees; (2) An employment agency to classify, or refer for employment any individual; (3) A labor organization to classify its members or to classify or refer for employment any individual; or (4) An employer, labor organization, or joint training or retraining programs to admit or employ any individual in any such program; on the basis of religion or sex in those certain instances where religion or sex is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise. (b) It is not a discriminatory practice for a person subject to this chapter to adopt and carry out a plan to fill vacancies or hire new employees so as to eliminate or reduce imbalance with respect to race, creed, color, religion, sex, age or national origin, if the plan has been filed with the commission and the commission has not disapproved the plan. Acts 1978, ch. 748, § 12; T.C.A., § 4-2110; Acts 1980, ch. 732, § 9; T.C.A., § 4-21-110.
(a) It is not a discriminatory practice for: (1) An employer to employ employees; (2) An employment agency to classify, or refer for employment any individual; (3) A labor organization to classify its members or to classify or refer for employment any individual; or (4) An employer, labor organization, or joint training or retraining programs to admit or employ any individual in any such program; on the basis of religion or sex in those certain instances where religion or sex is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise.
(1) An employer to employ employees;
(2) An employment agency to classify, or refer for employment any individual;
(3) A labor organization to classify its members or to classify or refer for employment any individual; or
(4) An employer, labor organization, or joint training or retraining programs to admit or employ any individual in any such program; on the basis of religion or sex in those certain instances where religion or sex is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise.
on the basis of religion or sex in those certain instances where religion or sex is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise.
(b) It is not a discriminatory practice for a person subject to this chapter to adopt and carry out a plan to fill vacancies or hire new employees so as to eliminate or reduce imbalance with respect to race, creed, color, religion, sex, age or national origin, if the plan has been filed with the commission and the commission has not disapproved the plan.
Acts 1978, ch. 748, § 12; T.C.A., § 4-2110; Acts 1980, ch. 732, § 9; T.C.A., § 4-21-110.
Tenn. Code Ann. § 4-56-109 — TN Code / Title 4 / Chapter 56 / Section 4-56-109
Vendor indictment of Antitrust Act - Notice - Fine - Contract termination
Status: in_force

(a) As used in this section, "vendor" means a legal entity that: (1) Is currently under contract with a department or agency of this state; (2) Bids on a contract with a department or agency of this state; or (3) Attempts to amend a current contract with a department or agency of this state. (b) If a vendor is indicted for or convicted of, or pleads guilty or nolo contendere to, any violation under the Sherman Antitrust Act ( 15 U.S.C. §§ 1 - 7 ); mail fraud under 18 U.S.C. § 1341 ; any federal or state criminal statute in connection with any contract let or funded, in whole or in part, by this state or any other state or territory of the United States; or any federal or state crime as the result of any investigation into such violations or crimes, the vendor shall provide notice of such indictment, conviction, or plea to the chief procurement officer by submitting a copy of the indictment, final judgment of conviction, or plea agreement to the chief procurement officer not later than thirty (30) days after being indicted, convicted, or pleading guilty or nolo contendere. (c) Upon receiving notice under subsection (b), the chief procurement officer shall forward a copy of the indictment, final judgment of conviction, or plea agreement to the executive director of fiscal review and the comptroller of the treasury. (d) If a vendor knowingly fails to provide notice under subsection (b), the chief procurement officer may fine the vendor ten thousand dollars ($10,000); provided, that, if the vendor is under contract and the total price of the contract is greater than two hundred thousand dollars ($200,000), the chief procurement officer may fine the vendor in an amount not to exceed five percent (5%) of the total price of the contract. (e) A department or agency of this state may terminate any contract with a vendor who is found to be in violation of this section. Amended by 2016 Tenn. Acts, ch. 730, s 1, eff. 7/1/2016.
(a) As used in this section, "vendor" means a legal entity that: (1) Is currently under contract with a department or agency of this state; (2) Bids on a contract with a department or agency of this state; or (3) Attempts to amend a current contract with a department or agency of this state.
(1) Is currently under contract with a department or agency of this state;
(2) Bids on a contract with a department or agency of this state; or
(3) Attempts to amend a current contract with a department or agency of this state.
(b) If a vendor is indicted for or convicted of, or pleads guilty or nolo contendere to, any violation under the Sherman Antitrust Act ( 15 U.S.C. §§ 1 - 7 ); mail fraud under 18 U.S.C. § 1341 ; any federal or state criminal statute in connection with any contract let or funded, in whole or in part, by this state or any other state or territory of the United States; or any federal or state crime as the result of any investigation into such violations or crimes, the vendor shall provide notice of such indictment, conviction, or plea to the chief procurement officer by submitting a copy of the indictment, final judgment of conviction, or plea agreement to the chief procurement officer not later than thirty (30) days after being indicted, convicted, or pleading guilty or nolo contendere.
(c) Upon receiving notice under subsection (b), the chief procurement officer shall forward a copy of the indictment, final judgment of conviction, or plea agreement to the executive director of fiscal review and the comptroller of the treasury.
(d) If a vendor knowingly fails to provide notice under subsection (b), the chief procurement officer may fine the vendor ten thousand dollars ($10,000); provided, that, if the vendor is under contract and the total price of the contract is greater than two hundred thousand dollars ($200,000), the chief procurement officer may fine the vendor in an amount not to exceed five percent (5%) of the total price of the contract.
(e) A department or agency of this state may terminate any contract with a vendor who is found to be in violation of this section.
Amended by 2016 Tenn. Acts, ch. 730, s 1, eff. 7/1/2016.
Tenn. Code Ann. § 4-24-204 — TN Code / Title 4 / Chapter 24 / Section 4-24-204
Equal opportunity for training
Status: in_force

All units of government are hereby expressly prohibited from discriminating against any firefighter by interfering with or denying any firefighter the opportunity to participate in any training or educational program established by such unit of government for the purpose of compliance with this part. Acts 1975, ch. 268, § 5; T.C.A., § 4-2414.
All units of government are hereby expressly prohibited from discriminating against any firefighter by interfering with or denying any firefighter the opportunity to participate in any training or educational program established by such unit of government for the purpose of compliance with this part.
Acts 1975, ch. 268, § 5; T.C.A., § 4-2414.
Tenn. Code Ann. § 4-49-205 — TN Code / Title 4 / Chapter 49 / Section 4-49-205
Requirements for fantasy sports operators
Status: in_force

(a) In addition to the requirements of licensure set out in § 4-29-203, fantasy sports operators shall comply with the following requirements: (1) Fantasy sports operators shall not directly or indirectly operate or promote to Tennessee consumers any fantasy sports contest without a valid license obtained pursuant to this part; (2) Fantasy sports operators shall not operate or promote, in whole or in part, fantasy sports contests from this state to consumers outside of this state without a valid license obtained pursuant to this part; (3) Fantasy sports operators shall not offer auto draft to players or allow players to select from pre-selected teams of athletes in fantasy sports contests; (4) Fantasy sports operators shall not knowingly allow a minor to participate in any fantasy sports contest, which includes: (A) If a fantasy sports operator becomes or is made aware that a minor has participated in one (1) of its fantasy sports contests, the fantasy sports operator shall promptly, within no more than three (3) business days, refund any deposit received from the minor, whether or not the minor has engaged in or attempted to engage in a fantasy sports contest; provided, however, that any refund may be offset by prizes already awarded; (B) Fantasy sports operators shall clearly and conspicuously publish and facilitate parental control procedures to allow parents or guardians to exclude minors from access to any fantasy sports contest. These procedures shall include a toll free number to call for help in establishing such parental controls; and (C) Fantasy sports operators shall take all commercially reasonable steps to confirm that an individual opening an account is not a minor; (5) Fantasy sports operators shall not knowingly offer fantasy sports contests based on high school or college sporting events or sports whose participants are predominantly minors. For purposes of this subdivision (a)(5), "predominantly" means greater than fifty percent (50%); (6) Fantasy sports operators' advertisements for fantasy sports contests shall not target minors. For purposes of this subdivision (a)(6): (A) Advertisements that target minors are: (i) Publications or media aimed exclusively or primarily at minors; (ii) Advertisements or promotional activities at schools or school or amateur sporting events; (iii) Advertisements that depict cartoon characters, minors, students, or school or college settings; or (iv) Advertisements that state or imply endorsement by minors; and (B) "School or amateur sporting events" include school or amateur sporting events held at venues not primarily used for amateur or school events; provided, however, if permanent or semi-permanently placed advertisements in such venues cannot reasonably be removed or covered, a fantasy sports operator shall not be in violation of this subdivision (a)(6); (7) Fantasy sports operators' advertisements for fantasy sports contests shall clearly and conspicuously depict accurate representations concerning chances of winning and the number of persons winning; (8) Fantasy sports operators' representations or implications about average winnings from fantasy sports contests shall not be unfair or misleading. Such representations shall include, at a minimum, the average net winnings of all players participating in fantasy sports contests offered by the single fantasy sports operator and the percentage of winnings awarded by the single fantasy sports operator to highly experienced players participating in that operator's fantasy sports contests; (9) Fantasy sports operators shall comply with the Federal Trade Commission, Guides Concerning Use of Endorsements and Testimonials in Advertising, compiled in 16 CFR § 255 ; (10) (A) Fantasy sports operators' advertisements for fantasy sports contests shall, where feasible, clearly and conspicuously disclose information concerning assistance available to problem gamblers, including information directing problem gamblers to reputable resources containing further information. Such information shall be available free of charge during all times the fantasy sports operator is open for accepting entry fees and shall include a toll free number that persons may use to seek assistance; and (B) When information concerning resources for problem gamblers as required by subdivision (a)(10)(A) cannot be presented in the advertisement itself, the information shall be clearly and conspicuously disclosed on the web site to which the advertisement directs consumers, and be visible before the consumer is directed to establish an account, otherwise register with the fantasy sports operator, or log-in to an existing account; (11) Fantasy sports operators shall implement and enforce procedures for fantasy sports contests that: (A) Are clearly and conspicuously disclosed and featured in all fantasy sports contest platforms; and (B) Enable players to exclude themselves from contests and establish self-imposed deposit limits, limits on entry fees per fantasy sports contest, or limits on total potential losses permissible in a given period; (12) Fantasy sports operators shall not knowingly advertise any contest or prize directly to a player by any means if that player is self-excluded from that prize or contest or otherwise barred from playing in that contest; (13) Fantasy sports operators shall protect player funds on deposit. At a minimum, each fantasy sports operator shall: (A) Implement, clearly and conspicuously disclose to consumers, and follow: (i) Procedures that prevent unauthorized withdrawals from player accounts by fantasy sports operators or others; and (ii) Procedures for reporting and responding to complaints by a player regarding the handling of the player's accounts; (B) Implement, clearly and conspicuously disclose, and follow procedures that allow a player to permanently close the player's account at any time and for any reason, except if such closure is for the purposes of circumventing this part; (C) Promptly distribute any prize awarded to a player; (D) Return all funds from a closed account to the account holder within five (5) business days; and (E) Notify the account holder that the account has been closed when an account has been closed due to inactivity; (14) Fantasy sports operators shall prohibit all fantasy sports operator employees, fantasy sports operator contractors, and any spouse, children, or parents of any fantasy sports operator employee or contractor from participating in any fantasy sports contest involving a prize over five dollars ($5.00) offered by any fantasy sports operator, except such individuals may play in a private contest on a fantasy sports contest platform in which the affiliation is clearly and conspicuously disclosed to each player, and the restrictions set out in this subdivision (a)(14) are made known to the affected persons. This subdivision (a)(14) does not prohibit fantasy sports operator employees from utilizing test accounts solely in order to measure and assess the functionality of their products; provided, that these accounts must be closely monitored for any unauthorized use; (15) Fantasy sports operators shall prohibit the disclosure of proprietary and nonpublic information by all fantasy sports operator employees and fantasy sports operator contractors that may affect the result of a fantasy sports contest to any person permitted to engage in fantasy sports contests; (16) Fantasy sports operators shall not knowingly allow the following persons to participate in fantasy sports contests based on the sports in which the person participates or is otherwise associated: (A) Professional and amateur athletes whose individual statistics or performance may be used to determine any part of the outcome of any fantasy sports contest; and (B) Any sports agent, team employee, referee, or league official associated with any athletic competition that is the subject of fantasy sports contests; (17) (A) Fantasy sports operators shall not knowingly allow a player to enter a game or contest after that player has been provided with proprietary or nonpublic information that may affect the result of a fantasy sports contest by an athlete, sports agent, team employee, referee, or league official; (B) A fantasy sports operator shall regularly monitor its fantasy sports contests for evidence of activity that indicates that a player has access to proprietary or nonpublic information; and (C) On learning of a violation of this subdivision (a)(17), the fantasy sports operator shall permanently bar the player from participating in any fantasy sports contest operated by the fantasy sports operator and close the player's account; (18) Fantasy sports operators shall offer introductory procedures for fantasy sports contests for beginning players, which shall be clearly and conspicuously displayed on the main pages of the web site explaining contest play, how to identify highly experienced players, and recommending beginning- player-only contests and low-cost private contests; (19) Fantasy sports operators shall clearly and conspicuously identify highly experienced players in fantasy sports contests by a symbol attached to a player's username, or by other easily visible means, on all fantasy sports operator contest mediums and platforms; (20) Fantasy sports operators shall offer some fantasy sports contests open only to beginning players and that exclude highly experienced players. Operators of contests described in this subdivision (a)(20) shall: (A) Implement and follow procedures to prevent highly experienced players from participating in such fantasy sports contests directly or through a proxy; and (B) Suspend accounts of highly experienced players who participate in contests for beginning players only; (21) Fantasy sports operators shall prohibit the use of scripts in fantasy sports contests that give players an unfair advantage over other players; (22) Fantasy sports operators shall monitor all fantasy sports contests to detect the use of unauthorized scripts and ban players found to have used such scripts from further fantasy sports contests; (23) Fantasy sports operators shall make all authorized scripts readily available to all fantasy sports players; provided, that a fantasy sports operator shall clearly and conspicuously publish its rules on what types of scripts may be authorized in the fantasy sports contest; (24) Fantasy sports operators shall clearly and conspicuously disclose their rules regarding when a fantasy sports contest locks, thus allowing no further entries, changes to lineups, or substitution of players; (25) Fantasy sports operators shall restrict the number of entries per fantasy sports contest per player, including, but not limited to, the following restrictions, which shall be clearly and conspicuously disclosed and enforced: (A) Fantasy sports operators shall not allow players to submit more than one (1) entry in any fantasy sports contest involving twelve (12) entries or fewer; (B) Fantasy sports operators shall not allow players to submit more than two (2) entries in any fantasy sports contest involving more than thirteen (13) entries but fewer than thirty-six (36) entries; (C) Fantasy sports operators shall not allow players to submit more than three (3) entries in any fantasy sports contest involving thirty-six (36) or more entries but fewer than one hundred and one (101) entries; (D) Except as otherwise provided in subdivision (a)(25)(E), fantasy sports operators shall not allow fantasy sports players to submit more than three percent (3%) of all entries in any fantasy sports contest involving more than one hundred (100) entries; and (E) Fantasy sports operators shall be permitted to allow unlimited entries in no more than three percent (3%) of all fantasy sports contests, and the entry fee for such contests shall be a minimum of one hundred fifty dollars ($150); and (26) Fantasy sports operators shall protect player funds on deposit by, at a minimum: (A) Segregating player funds from operating funds; and (B) Maintaining a reserve for the benefit and protection of authorized players' funds in fantasy sports accounts. (b) For purposes of this section "clearly and conspicuously": (1) Means to disclose in such a way that the disclosure is made through the same means through which the communication is presented; (2) Requires that if the communication is visual, the disclosure is placed in close proximity to relevant claims, expressed in clear and plain language and syntax, and the size, contrast, location, and other characteristics stand out from other visual elements so that the disclosure is prominently displayed and unavoidable; (3) Requires that a disclosure is repeated if necessary, visible for a sufficient duration, and does not necessitate scrolling; (4) Requires that if the communication is audio, the disclosure is presented at adequate volume and cadence; and (5) Requires that the disclosure is made before the consumer makes a decision to accept an offer. Renumbered from 47-18-1605 by 2023 Tenn. Acts, ch. 143, s 5, eff. 7/1/2023.
(a) In addition to the requirements of licensure set out in § 4-29-203, fantasy sports operators shall comply with the following requirements: (1) Fantasy sports operators shall not directly or indirectly operate or promote to Tennessee consumers any fantasy sports contest without a valid license obtained pursuant to this part; (2) Fantasy sports operators shall not operate or promote, in whole or in part, fantasy sports contests from this state to consumers outside of this state without a valid license obtained pursuant to this part; (3) Fantasy sports operators shall not offer auto draft to players or allow players to select from pre-selected teams of athletes in fantasy sports contests; (4) Fantasy sports operators shall not knowingly allow a minor to participate in any fantasy sports contest, which includes: (A) If a fantasy sports operator becomes or is made aware that a minor has participated in one (1) of its fantasy sports contests, the fantasy sports operator shall promptly, within no more than three (3) business days, refund any deposit received from the minor, whether or not the minor has engaged in or attempted to engage in a fantasy sports contest; provided, however, that any refund may be offset by prizes already awarded; (B) Fantasy sports operators shall clearly and conspicuously publish and facilitate parental control procedures to allow parents or guardians to exclude minors from access to any fantasy sports contest. These procedures shall include a toll free number to call for help in establishing such parental controls; and (C) Fantasy sports operators shall take all commercially reasonable steps to confirm that an individual opening an account is not a minor; (5) Fantasy sports operators shall not knowingly offer fantasy sports contests based on high school or college sporting events or sports whose participants are predominantly minors. For purposes of this subdivision (a)(5), "predominantly" means greater than fifty percent (50%); (6) Fantasy sports operators' advertisements for fantasy sports contests shall not target minors. For purposes of this subdivision (a)(6): (A) Advertisements that target minors are: (i) Publications or media aimed exclusively or primarily at minors; (ii) Advertisements or promotional activities at schools or school or amateur sporting events; (iii) Advertisements that depict cartoon characters, minors, students, or school or college settings; or (iv) Advertisements that state or imply endorsement by minors; and (B) "School or amateur sporting events" include school or amateur sporting events held at venues not primarily used for amateur or school events; provided, however, if permanent or semi-permanently placed advertisements in such venues cannot reasonably be removed or covered, a fantasy sports operator shall not be in violation of this subdivision (a)(6); (7) Fantasy sports operators' advertisements for fantasy sports contests shall clearly and conspicuously depict accurate representations concerning chances of winning and the number of persons winning; (8) Fantasy sports operators' representations or implications about average winnings from fantasy sports contests shall not be unfair or misleading. Such representations shall include, at a minimum, the average net winnings of all players participating in fantasy sports contests offered by the single fantasy sports operator and the percentage of winnings awarded by the single fantasy sports operator to highly experienced players participating in that operator's fantasy sports contests; (9) Fantasy sports operators shall comply with the Federal Trade Commission, Guides Concerning Use of Endorsements and Testimonials in Advertising, compiled in 16 CFR § 255 ; (10) (A) Fantasy sports operators' advertisements for fantasy sports contests shall, where feasible, clearly and conspicuously disclose information concerning assistance available to problem gamblers, including information directing problem gamblers to reputable resources containing further information. Such information shall be available free of charge during all times the fantasy sports operator is open for accepting entry fees and shall include a toll free number that persons may use to seek assistance; and (B) When information concerning resources for problem gamblers as required by subdivision (a)(10)(A) cannot be presented in the advertisement itself, the information shall be clearly and conspicuously disclosed on the web site to which the advertisement directs consumers, and be visible before the consumer is directed to establish an account, otherwise register with the fantasy sports operator, or log-in to an existing account; (11) Fantasy sports operators shall implement and enforce procedures for fantasy sports contests that: (A) Are clearly and conspicuously disclosed and featured in all fantasy sports contest platforms; and (B) Enable players to exclude themselves from contests and establish self-imposed deposit limits, limits on entry fees per fantasy sports contest, or limits on total potential losses permissible in a given period; (12) Fantasy sports operators shall not knowingly advertise any contest or prize directly to a player by any means if that player is self-excluded from that prize or contest or otherwise barred from playing in that contest; (13) Fantasy sports operators shall protect player funds on deposit. At a minimum, each fantasy sports operator shall: (A) Implement, clearly and conspicuously disclose to consumers, and follow: (i) Procedures that prevent unauthorized withdrawals from player accounts by fantasy sports operators or others; and (ii) Procedures for reporting and responding to complaints by a player regarding the handling of the player's accounts; (B) Implement, clearly and conspicuously disclose, and follow procedures that allow a player to permanently close the player's account at any time and for any reason, except if such closure is for the purposes of circumventing this part; (C) Promptly distribute any prize awarded to a player; (D) Return all funds from a closed account to the account holder within five (5) business days; and (E) Notify the account holder that the account has been closed when an account has been closed due to inactivity; (14) Fantasy sports operators shall prohibit all fantasy sports operator employees, fantasy sports operator contractors, and any spouse, children, or parents of any fantasy sports operator employee or contractor from participating in any fantasy sports contest involving a prize over five dollars ($5.00) offered by any fantasy sports operator, except such individuals may play in a private contest on a fantasy sports contest platform in which the affiliation is clearly and conspicuously disclosed to each player, and the restrictions set out in this subdivision (a)(14) are made known to the affected persons. This subdivision (a)(14) does not prohibit fantasy sports operator employees from utilizing test accounts solely in order to measure and assess the functionality of their products; provided, that these accounts must be closely monitored for any unauthorized use; (15) Fantasy sports operators shall prohibit the disclosure of proprietary and nonpublic information by all fantasy sports operator employees and fantasy sports operator contractors that may affect the result of a fantasy sports contest to any person permitted to engage in fantasy sports contests; (16) Fantasy sports operators shall not knowingly allow the following persons to participate in fantasy sports contests based on the sports in which the person participates or is otherwise associated: (A) Professional and amateur athletes whose individual statistics or performance may be used to determine any part of the outcome of any fantasy sports contest; and (B) Any sports agent, team employee, referee, or league official associated with any athletic competition that is the subject of fantasy sports contests; (17) (A) Fantasy sports operators shall not knowingly allow a player to enter a game or contest after that player has been provided with proprietary or nonpublic information that may affect the result of a fantasy sports contest by an athlete, sports agent, team employee, referee, or league official; (B) A fantasy sports operator shall regularly monitor its fantasy sports contests for evidence of activity that indicates that a player has access to proprietary or nonpublic information; and (C) On learning of a violation of this subdivision (a)(17), the fantasy sports operator shall permanently bar the player from participating in any fantasy sports contest operated by the fantasy sports operator and close the player's account; (18) Fantasy sports operators shall offer introductory procedures for fantasy sports contests for beginning players, which shall be clearly and conspicuously displayed on the main pages of the web site explaining contest play, how to identify highly experienced players, and recommending beginning- player-only contests and low-cost private contests; (19) Fantasy sports operators shall clearly and conspicuously identify highly experienced players in fantasy sports contests by a symbol attached to a player's username, or by other easily visible means, on all fantasy sports operator contest mediums and platforms; (20) Fantasy sports operators shall offer some fantasy sports contests open only to beginning players and that exclude highly experienced players. Operators of contests described in this subdivision (a)(20) shall: (A) Implement and follow procedures to prevent highly experienced players from participating in such fantasy sports contests directly or through a proxy; and (B) Suspend accounts of highly experienced players who participate in contests for beginning players only; (21) Fantasy sports operators shall prohibit the use of scripts in fantasy sports contests that give players an unfair advantage over other players; (22) Fantasy sports operators shall monitor all fantasy sports contests to detect the use of unauthorized scripts and ban players found to have used such scripts from further fantasy sports contests; (23) Fantasy sports operators shall make all authorized scripts readily available to all fantasy sports players; provided, that a fantasy sports operator shall clearly and conspicuously publish its rules on what types of scripts may be authorized in the fantasy sports contest; (24) Fantasy sports operators shall clearly and conspicuously disclose their rules regarding when a fantasy sports contest locks, thus allowing no further entries, changes to lineups, or substitution of players; (25) Fantasy sports operators shall restrict the number of entries per fantasy sports contest per player, including, but not limited to, the following restrictions, which shall be clearly and conspicuously disclosed and enforced: (A) Fantasy sports operators shall not allow players to submit more than one (1) entry in any fantasy sports contest involving twelve (12) entries or fewer; (B) Fantasy sports operators shall not allow players to submit more than two (2) entries in any fantasy sports contest involving more than thirteen (13) entries but fewer than thirty-six (36) entries; (C) Fantasy sports operators shall not allow players to submit more than three (3) entries in any fantasy sports contest involving thirty-six (36) or more entries but fewer than one hundred and one (101) entries; (D) Except as otherwise provided in subdivision (a)(25)(E), fantasy sports operators shall not allow fantasy sports players to submit more than three percent (3%) of all entries in any fantasy sports contest involving more than one hundred (100) entries; and (E) Fantasy sports operators shall be permitted to allow unlimited entries in no more than three percent (3%) of all fantasy sports contests, and the entry fee for such contests shall be a minimum of one hundred fifty dollars ($150); and (26) Fantasy sports operators shall protect player funds on deposit by, at a minimum: (A) Segregating player funds from operating funds; and (B) Maintaining a reserve for the benefit and protection of authorized players' funds in fantasy sports accounts.
(1) Fantasy sports operators shall not directly or indirectly operate or promote to Tennessee consumers any fantasy sports contest without a valid license obtained pursuant to this part;
(2) Fantasy sports operators shall not operate or promote, in whole or in part, fantasy sports contests from this state to consumers outside of this state without a valid license obtained pursuant to this part;
(3) Fantasy sports operators shall not offer auto draft to players or allow players to select from pre-selected teams of athletes in fantasy sports contests;
(4) Fantasy sports operators shall not knowingly allow a minor to participate in any fantasy sports contest, which includes: (A) If a fantasy sports operator becomes or is made aware that a minor has participated in one (1) of its fantasy sports contests, the fantasy sports operator shall promptly, within no more than three (3) business days, refund any deposit received from the minor, whether or not the minor has engaged in or attempted to engage in a fantasy sports contest; provided, however, that any refund may be offset by prizes already awarded; (B) Fantasy sports operators shall clearly and conspicuously publish and facilitate parental control procedures to allow parents or guardians to exclude minors from access to any fantasy sports contest. These procedures shall include a toll free number to call for help in establishing such parental controls; and (C) Fantasy sports operators shall take all commercially reasonable steps to confirm that an individual opening an account is not a minor;
(A) If a fantasy sports operator becomes or is made aware that a minor has participated in one (1) of its fantasy sports contests, the fantasy sports operator shall promptly, within no more than three (3) business days, refund any deposit received from the minor, whether or not the minor has engaged in or attempted to engage in a fantasy sports contest; provided, however, that any refund may be offset by prizes already awarded;
(B) Fantasy sports operators shall clearly and conspicuously publish and facilitate parental control procedures to allow parents or guardians to exclude minors from access to any fantasy sports contest. These procedures shall include a toll free number to call for help in establishing such parental controls; and
(C) Fantasy sports operators shall take all commercially reasonable steps to confirm that an individual opening an account is not a minor;
(5) Fantasy sports operators shall not knowingly offer fantasy sports contests based on high school or college sporting events or sports whose participants are predominantly minors. For purposes of this subdivision (a)(5), "predominantly" means greater than fifty percent (50%);
(6) Fantasy sports operators' advertisements for fantasy sports contests shall not target minors. For purposes of this subdivision (a)(6): (A) Advertisements that target minors are: (i) Publications or media aimed exclusively or primarily at minors; (ii) Advertisements or promotional activities at schools or school or amateur sporting events; (iii) Advertisements that depict cartoon characters, minors, students, or school or college settings; or (iv) Advertisements that state or imply endorsement by minors; and (B) "School or amateur sporting events" include school or amateur sporting events held at venues not primarily used for amateur or school events; provided, however, if permanent or semi-permanently placed advertisements in such venues cannot reasonably be removed or covered, a fantasy sports operator shall not be in violation of this subdivision (a)(6);
(A) Advertisements that target minors are: (i) Publications or media aimed exclusively or primarily at minors; (ii) Advertisements or promotional activities at schools or school or amateur sporting events; (iii) Advertisements that depict cartoon characters, minors, students, or school or college settings; or (iv) Advertisements that state or imply endorsement by minors; and
(i) Publications or media aimed exclusively or primarily at minors;
(ii) Advertisements or promotional activities at schools or school or amateur sporting events;
(iii) Advertisements that depict cartoon characters, minors, students, or school or college settings; or
(iv) Advertisements that state or imply endorsement by minors; and
(B) "School or amateur sporting events" include school or amateur sporting events held at venues not primarily used for amateur or school events; provided, however, if permanent or semi-permanently placed advertisements in such venues cannot reasonably be removed or covered, a fantasy sports operator shall not be in violation of this subdivision (a)(6);
(7) Fantasy sports operators' advertisements for fantasy sports contests shall clearly and conspicuously depict accurate representations concerning chances of winning and the number of persons winning;
(8) Fantasy sports operators' representations or implications about average winnings from fantasy sports contests shall not be unfair or misleading. Such representations shall include, at a minimum, the average net winnings of all players participating in fantasy sports contests offered by the single fantasy sports operator and the percentage of winnings awarded by the single fantasy sports operator to highly experienced players participating in that operator's fantasy sports contests;
(9) Fantasy sports operators shall comply with the Federal Trade Commission, Guides Concerning Use of Endorsements and Testimonials in Advertising, compiled in 16 CFR § 255 ;
(10) (A) Fantasy sports operators' advertisements for fantasy sports contests shall, where feasible, clearly and conspicuously disclose information concerning assistance available to problem gamblers, including information directing problem gamblers to reputable resources containing further information. Such information shall be available free of charge during all times the fantasy sports operator is open for accepting entry fees and shall include a toll free number that persons may use to seek assistance; and (B) When information concerning resources for problem gamblers as required by subdivision (a)(10)(A) cannot be presented in the advertisement itself, the information shall be clearly and conspicuously disclosed on the web site to which the advertisement directs consumers, and be visible before the consumer is directed to establish an account, otherwise register with the fantasy sports operator, or log-in to an existing account;
(A) Fantasy sports operators' advertisements for fantasy sports contests shall, where feasible, clearly and conspicuously disclose information concerning assistance available to problem gamblers, including information directing problem gamblers to reputable resources containing further information. Such information shall be available free of charge during all times the fantasy sports operator is open for accepting entry fees and shall include a toll free number that persons may use to seek assistance; and
(B) When information concerning resources for problem gamblers as required by subdivision (a)(10)(A) cannot be presented in the advertisement itself, the information shall be clearly and conspicuously disclosed on the web site to which the advertisement directs consumers, and be visible before the consumer is directed to establish an account, otherwise register with the fantasy sports operator, or log-in to an existing account;
(11) Fantasy sports operators shall implement and enforce procedures for fantasy sports contests that: (A) Are clearly and conspicuously disclosed and featured in all fantasy sports contest platforms; and (B) Enable players to exclude themselves from contests and establish self-imposed deposit limits, limits on entry fees per fantasy sports contest, or limits on total potential losses permissible in a given period;
(A) Are clearly and conspicuously disclosed and featured in all fantasy sports contest platforms; and
(B) Enable players to exclude themselves from contests and establish self-imposed deposit limits, limits on entry fees per fantasy sports contest, or limits on total potential losses permissible in a given period;
(12) Fantasy sports operators shall not knowingly advertise any contest or prize directly to a player by any means if that player is self-excluded from that prize or contest or otherwise barred from playing in that contest;
(13) Fantasy sports operators shall protect player funds on deposit. At a minimum, each fantasy sports operator shall: (A) Implement, clearly and conspicuously disclose to consumers, and follow: (i) Procedures that prevent unauthorized withdrawals from player accounts by fantasy sports operators or others; and (ii) Procedures for reporting and responding to complaints by a player regarding the handling of the player's accounts; (B) Implement, clearly and conspicuously disclose, and follow procedures that allow a player to permanently close the player's account at any time and for any reason, except if such closure is for the purposes of circumventing this part; (C) Promptly distribute any prize awarded to a player; (D) Return all funds from a closed account to the account holder within five (5) business days; and (E) Notify the account holder that the account has been closed when an account has been closed due to inactivity;
(A) Implement, clearly and conspicuously disclose to consumers, and follow: (i) Procedures that prevent unauthorized withdrawals from player accounts by fantasy sports operators or others; and (ii) Procedures for reporting and responding to complaints by a player regarding the handling of the player's accounts;
(i) Procedures that prevent unauthorized withdrawals from player accounts by fantasy sports operators or others; and
(ii) Procedures for reporting and responding to complaints by a player regarding the handling of the player's accounts;
(B) Implement, clearly and conspicuously disclose, and follow procedures that allow a player to permanently close the player's account at any time and for any reason, except if such closure is for the purposes of circumventing this part;
(C) Promptly distribute any prize awarded to a player;
(D) Return all funds from a closed account to the account holder within five (5) business days; and
(E) Notify the account holder that the account has been closed when an account has been closed due to inactivity;
(14) Fantasy sports operators shall prohibit all fantasy sports operator employees, fantasy sports operator contractors, and any spouse, children, or parents of any fantasy sports operator employee or contractor from participating in any fantasy sports contest involving a prize over five dollars ($5.00) offered by any fantasy sports operator, except such individuals may play in a private contest on a fantasy sports contest platform in which the affiliation is clearly and conspicuously disclosed to each player, and the restrictions set out in this subdivision (a)(14) are made known to the affected persons. This subdivision (a)(14) does not prohibit fantasy sports operator employees from utilizing test accounts solely in order to measure and assess the functionality of their products; provided, that these accounts must be closely monitored for any unauthorized use;
(15) Fantasy sports operators shall prohibit the disclosure of proprietary and nonpublic information by all fantasy sports operator employees and fantasy sports operator contractors that may affect the result of a fantasy sports contest to any person permitted to engage in fantasy sports contests;
(16) Fantasy sports operators shall not knowingly allow the following persons to participate in fantasy sports contests based on the sports in which the person participates or is otherwise associated: (A) Professional and amateur athletes whose individual statistics or performance may be used to determine any part of the outcome of any fantasy sports contest; and (B) Any sports agent, team employee, referee, or league official associated with any athletic competition that is the subject of fantasy sports contests;
(A) Professional and amateur athletes whose individual statistics or performance may be used to determine any part of the outcome of any fantasy sports contest; and
(B) Any sports agent, team employee, referee, or league official associated with any athletic competition that is the subject of fantasy sports contests;
(17) (A) Fantasy sports operators shall not knowingly allow a player to enter a game or contest after that player has been provided with proprietary or nonpublic information that may affect the result of a fantasy sports contest by an athlete, sports agent, team employee, referee, or league official; (B) A fantasy sports operator shall regularly monitor its fantasy sports contests for evidence of activity that indicates that a player has access to proprietary or nonpublic information; and (C) On learning of a violation of this subdivision (a)(17), the fantasy sports operator shall permanently bar the player from participating in any fantasy sports contest operated by the fantasy sports operator and close the player's account;
(A) Fantasy sports operators shall not knowingly allow a player to enter a game or contest after that player has been provided with proprietary or nonpublic information that may affect the result of a fantasy sports contest by an athlete, sports agent, team employee, referee, or league official;
(B) A fantasy sports operator shall regularly monitor its fantasy sports contests for evidence of activity that indicates that a player has access to proprietary or nonpublic information; and
(C) On learning of a violation of this subdivision (a)(17), the fantasy sports operator shall permanently bar the player from participating in any fantasy sports contest operated by the fantasy sports operator and close the player's account;
(18) Fantasy sports operators shall offer introductory procedures for fantasy sports contests for beginning players, which shall be clearly and conspicuously displayed on the main pages of the web site explaining contest play, how to identify highly experienced players, and recommending beginning- player-only contests and low-cost private contests;
(19) Fantasy sports operators shall clearly and conspicuously identify highly experienced players in fantasy sports contests by a symbol attached to a player's username, or by other easily visible means, on all fantasy sports operator contest mediums and platforms;
(20) Fantasy sports operators shall offer some fantasy sports contests open only to beginning players and that exclude highly experienced players. Operators of contests described in this subdivision (a)(20) shall: (A) Implement and follow procedures to prevent highly experienced players from participating in such fantasy sports contests directly or through a proxy; and (B) Suspend accounts of highly experienced players who participate in contests for beginning players only;
(A) Implement and follow procedures to prevent highly experienced players from participating in such fantasy sports contests directly or through a proxy; and
(B) Suspend accounts of highly experienced players who participate in contests for beginning players only;
(21) Fantasy sports operators shall prohibit the use of scripts in fantasy sports contests that give players an unfair advantage over other players;
(22) Fantasy sports operators shall monitor all fantasy sports contests to detect the use of unauthorized scripts and ban players found to have used such scripts from further fantasy sports contests;
(23) Fantasy sports operators shall make all authorized scripts readily available to all fantasy sports players; provided, that a fantasy sports operator shall clearly and conspicuously publish its rules on what types of scripts may be authorized in the fantasy sports contest;
(24) Fantasy sports operators shall clearly and conspicuously disclose their rules regarding when a fantasy sports contest locks, thus allowing no further entries, changes to lineups, or substitution of players;
(25) Fantasy sports operators shall restrict the number of entries per fantasy sports contest per player, including, but not limited to, the following restrictions, which shall be clearly and conspicuously disclosed and enforced: (A) Fantasy sports operators shall not allow players to submit more than one (1) entry in any fantasy sports contest involving twelve (12) entries or fewer; (B) Fantasy sports operators shall not allow players to submit more than two (2) entries in any fantasy sports contest involving more than thirteen (13) entries but fewer than thirty-six (36) entries; (C) Fantasy sports operators shall not allow players to submit more than three (3) entries in any fantasy sports contest involving thirty-six (36) or more entries but fewer than one hundred and one (101) entries; (D) Except as otherwise provided in subdivision (a)(25)(E), fantasy sports operators shall not allow fantasy sports players to submit more than three percent (3%) of all entries in any fantasy sports contest involving more than one hundred (100) entries; and (E) Fantasy sports operators shall be permitted to allow unlimited entries in no more than three percent (3%) of all fantasy sports contests, and the entry fee for such contests shall be a minimum of one hundred fifty dollars ($150); and
(A) Fantasy sports operators shall not allow players to submit more than one (1) entry in any fantasy sports contest involving twelve (12) entries or fewer;
(B) Fantasy sports operators shall not allow players to submit more than two (2) entries in any fantasy sports contest involving more than thirteen (13) entries but fewer than thirty-six (36) entries;
(C) Fantasy sports operators shall not allow players to submit more than three (3) entries in any fantasy sports contest involving thirty-six (36) or more entries but fewer than one hundred and one (101) entries;
(D) Except as otherwise provided in subdivision (a)(25)(E), fantasy sports operators shall not allow fantasy sports players to submit more than three percent (3%) of all entries in any fantasy sports contest involving more than one hundred (100) entries; and
(E) Fantasy sports operators shall be permitted to allow unlimited entries in no more than three percent (3%) of all fantasy sports contests, and the entry fee for such contests shall be a minimum of one hundred fifty dollars ($150); and
(26) Fantasy sports operators shall protect player funds on deposit by, at a minimum: (A) Segregating player funds from operating funds; and (B) Maintaining a reserve for the benefit and protection of authorized players' funds in fantasy sports accounts.
(A) Segregating player funds from operating funds; and
(B) Maintaining a reserve for the benefit and protection of authorized players' funds in fantasy sports accounts.
(b) For purposes of this section "clearly and conspicuously": (1) Means to disclose in such a way that the disclosure is made through the same means through which the communication is presented; (2) Requires that if the communication is visual, the disclosure is placed in close proximity to relevant claims, expressed in clear and plain language and syntax, and the size, contrast, location, and other characteristics stand out from other visual elements so that the disclosure is prominently displayed and unavoidable; (3) Requires that a disclosure is repeated if necessary, visible for a sufficient duration, and does not necessitate scrolling; (4) Requires that if the communication is audio, the disclosure is presented at adequate volume and cadence; and (5) Requires that the disclosure is made before the consumer makes a decision to accept an offer.
(1) Means to disclose in such a way that the disclosure is made through the same means through which the communication is presented;
(2) Requires that if the communication is visual, the disclosure is placed in close proximity to relevant claims, expressed in clear and plain language and syntax, and the size, contrast, location, and other characteristics stand out from other visual elements so that the disclosure is prominently displayed and unavoidable;
(3) Requires that a disclosure is repeated if necessary, visible for a sufficient duration, and does not necessitate scrolling;
(4) Requires that if the communication is audio, the disclosure is presented at adequate volume and cadence; and
(5) Requires that the disclosure is made before the consumer makes a decision to accept an offer.
Renumbered from 47-18-1605 by 2023 Tenn. Acts, ch. 143, s 5, eff. 7/1/2023.
Tenn. Code Ann. § 4-31-304 — TN Code / Title 4 / Chapter 31 / Section 4-31-304
Loans - Priority
Status: in_force

(a) Loans under this program shall be made only for projects that are designed to stimulate the growth of manufacturing jobs. (b) (1) The first priority for loans shall be projects that are related to an industrial location or expansion. (2) Second priority projects shall be those that create the conditions for future industrial growth. (c) Eligible projects shall be limited to the following: (1) Water and sewerage treatment plants that will serve industrial land; (2) Water distribution lines and sewerage collection lines that will serve industrial land; (3) The development of industrial land (including ports), with eligible costs to include the following: (A) Land purchase (including easements); (B) Site preparation; (C) Extension of utilities, including, but not limited to, electrical and gas; (D) Road access; and (E) Environmental monitoring equipment; and (4) The construction and renovation of publicly owned industrial buildings. Acts 1981, ch. 453, § 4.
(a) Loans under this program shall be made only for projects that are designed to stimulate the growth of manufacturing jobs.
(b) (1) The first priority for loans shall be projects that are related to an industrial location or expansion. (2) Second priority projects shall be those that create the conditions for future industrial growth.
(1) The first priority for loans shall be projects that are related to an industrial location or expansion.
(2) Second priority projects shall be those that create the conditions for future industrial growth.
(c) Eligible projects shall be limited to the following: (1) Water and sewerage treatment plants that will serve industrial land; (2) Water distribution lines and sewerage collection lines that will serve industrial land; (3) The development of industrial land (including ports), with eligible costs to include the following: (A) Land purchase (including easements); (B) Site preparation; (C) Extension of utilities, including, but not limited to, electrical and gas; (D) Road access; and (E) Environmental monitoring equipment; and (4) The construction and renovation of publicly owned industrial buildings.
(1) Water and sewerage treatment plants that will serve industrial land;
(2) Water distribution lines and sewerage collection lines that will serve industrial land;
(3) The development of industrial land (including ports), with eligible costs to include the following: (A) Land purchase (including easements); (B) Site preparation; (C) Extension of utilities, including, but not limited to, electrical and gas; (D) Road access; and (E) Environmental monitoring equipment; and
(A) Land purchase (including easements);
(B) Site preparation;
(C) Extension of utilities, including, but not limited to, electrical and gas;
(D) Road access; and
(E) Environmental monitoring equipment; and
(4) The construction and renovation of publicly owned industrial buildings.
Acts 1981, ch. 453, § 4.
Tenn. Code Ann. § 4-31-603 — TN Code / Title 4 / Chapter 31 / Section 4-31-603
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Airport" means and includes any one (1) or more airports or heliports and related facilities of an airport authority or municipal airport, including, but not limited to, land and interests in land, facilities for storage of air and space craft, navigation and landing aids, taxiways, pads, aprons, control towers, passenger and cargo terminal buildings, hangars, administration and office buildings, garages, parking lots, and such other structures, facilities and improvements necessary or convenient to the development and maintenance of airports and heliports, and for the promotion and accommodation of air and space travel, commerce and navigation; (2) "Airport authority" means those airport authorities created pursuant to title 42, chapter 3 and those metropolitan airport authorities created pursuant to title 42, chapter 4; (3) "Construction" means the building, reconstruction, creation, replacement, extension, repair, betterment, improvement, installation, alteration, equipping, extension, development, acquisition by gift, lease, purchase, or the exercise of the right of eminent domain, or any one (1) or more of the foregoing, including the acquisition of property and rights in property, real and personal; (4) "Loan agreement" means a contractual arrangement by and between an airport authority or a municipal airport and the authority and, in the discretion of the authority, the creating or participating municipality providing the guaranty, pursuant to and in accordance with this part; (5) "Municipal airport" means those county or municipal airports created pursuant to title 42, chapter 5; and (6) "Project" means any one (1) or any combination of the following: safety improvements for airports; mitigation of noise created by activity of an airport, including the acquisition of property and rights in property, real and personal, related thereto; and for any purpose for which bonds or notes can be issued pursuant to the Metropolitan Airport Authority Act, compiled in title 42, chapter 4. Acts 1988, ch. 820, § 1; 1989, ch. 233, § 4.
As used in this part, unless the context otherwise requires:
(1) "Airport" means and includes any one (1) or more airports or heliports and related facilities of an airport authority or municipal airport, including, but not limited to, land and interests in land, facilities for storage of air and space craft, navigation and landing aids, taxiways, pads, aprons, control towers, passenger and cargo terminal buildings, hangars, administration and office buildings, garages, parking lots, and such other structures, facilities and improvements necessary or convenient to the development and maintenance of airports and heliports, and for the promotion and accommodation of air and space travel, commerce and navigation;
(2) "Airport authority" means those airport authorities created pursuant to title 42, chapter 3 and those metropolitan airport authorities created pursuant to title 42, chapter 4;
(3) "Construction" means the building, reconstruction, creation, replacement, extension, repair, betterment, improvement, installation, alteration, equipping, extension, development, acquisition by gift, lease, purchase, or the exercise of the right of eminent domain, or any one (1) or more of the foregoing, including the acquisition of property and rights in property, real and personal;
(4) "Loan agreement" means a contractual arrangement by and between an airport authority or a municipal airport and the authority and, in the discretion of the authority, the creating or participating municipality providing the guaranty, pursuant to and in accordance with this part;
(5) "Municipal airport" means those county or municipal airports created pursuant to title 42, chapter 5; and
(6) "Project" means any one (1) or any combination of the following: safety improvements for airports; mitigation of noise created by activity of an airport, including the acquisition of property and rights in property, real and personal, related thereto; and for any purpose for which bonds or notes can be issued pursuant to the Metropolitan Airport Authority Act, compiled in title 42, chapter 4.
Acts 1988, ch. 820, § 1; 1989, ch. 233, § 4.
Tenn. Code Ann. § 4-51-124 — TN Code / Title 4 / Chapter 51 / Section 4-51-124
Confidential information - Criminal history checks - Lottery integrity
Status: in_force

(a) All records and information in the possession of the corporation are open for inspection by members of the public unless otherwise provided by state law. The following records or information in the possession of the corporation shall be treated as confidential and shall be exempt from § 10-7-503 : (1) Trade secrets, as such term is defined in § 47-25-1702 ; (2) Security measures, systems, or procedures; (3) Security reports; (4) Proposals received pursuant to personal service, professional service, consultant service contract regulations, and related records, including evaluations and memoranda; provided, however, that such information shall be available for public inspection after the completion of evaluation of such proposals by the corporation. Sealed bids for the purchase of goods and services, and leases of real property, and individual purchase records, including evaluations and memoranda relating to such bids; provided, however, that such information shall be available for public inspection after the completion of evaluation of such bids by the corporation. Internal audit reviews of the corporation including any documentation and memoranda relating to such audits; provided, however, that such information shall be available for public inspection after finalization of such audits by the corporation; (5) (A) The following records or information of an employee of the corporation in the possession of the corporation in its capacity as an employer shall be treated as confidential and shall not be open for inspection by members of the public: unpublished telephone numbers; bank account information; social security number; driver license information except where driving or operating a vehicle is part of the employee's job description or job duties or incidental to the performance of the employee's job; and the same information of immediate family members or household members; (B) Information made confidential by this subdivision (a)(5) shall be redacted wherever possible and nothing in this subdivision (a)(5) shall be used to limit or deny access to otherwise public information because a file, a document, or data file contains confidential information; (C) Nothing in this subdivision (a)(5) shall be construed to limit access to these records by law enforcement agencies, courts, or other governmental agencies performing official functions; (D) Nothing in this subdivision (a)(5) shall be construed to close any personnel records of an employee of the corporation that are currently open under state law; (E) Nothing in this subdivision (a)(5) shall be construed to limit access to information made confidential under this subdivision (a)(5), when the employee expressly authorizes the release of such information; (6) Information obtained pursuant to investigations that is otherwise confidential; (7) Identifying information obtained from prize winners including, but not limited to, home and work addresses, telephone numbers, social security numbers, and any other information that could reasonably be used to locate the whereabouts of an individual; provided, however, that: (A) The corporation shall disclose any relevant information to a claimant agency pursuant to part 2 of this chapter necessary to establish or enforce a claim against a debtor as defined in part 2 of this chapter; (B) The corporation may disclose a lottery prize winner's name, home state, hometown, and, if authorized by the prize winner, any other information for marketing, advertising, or promotional purposes; and (C) The corporation shall disclose any information not subject to subdivisions (a)(1)-(4) or (a)(6), that is otherwise necessary to assist any federal, state, or local entity in the performance of its statutory or regulatory duties; (8) Medical records or medical information of an employee of the corporation, and medical records or information of family members of an employee of the corporation in the possession of the corporation shall be treated as confidential and shall not be open for inspection by members of the public; (9) All information relative to the hiring or retention of the chief executive officer or president; (10) All information relative to prospective lottery games and security and other sensitive information relative to current lottery games; and (11) Any information concerning lottery sales made by lottery retailers unless otherwise provided by law. (b) Meetings of the corporation shall be open to the public pursuant to title 8, chapter 44, part 1; provided, however, that portions of meetings devoted to discussing information deemed confidential pursuant to this section or deemed confidential pursuant to title 10, chapter 7, part 5 are exempt from title 8, chapter 44, part 1. (c) Information deemed confidential pursuant to subsection (a) is exempt from § 10-7-503 . Meetings or portions of meetings devoted to discussing information deemed confidential pursuant to subsection (a) are exempt from title 8, chapter 44, part 1. (d) The corporation shall perform or cause to be performed full criminal history record checks prior to the execution of any vendor contract. (e) The corporation, or its authorized agent, shall: (1) Conduct criminal history record checks and credit investigations on all potential retailers; provided, however, that the corporation, or its authorized agent, may conduct or cause to be conducted criminal history record checks and credit investigations on employees of potential and authorized lottery retailers at any time; (2) Supervise ticket or share validation and lottery drawings; (3) Inspect, at times determined solely by the corporation, the facilities of any vendor or lottery retailer in order to determine the integrity of the vendor's product or the operations of the retailer in order to determine whether the vendor or the retailer is in compliance with its contract; (4) Report any suspected violations of this chapter to the appropriate district attorney, or the attorney general and reporter, and to any law enforcement agencies having jurisdiction over the violation; and (5) Upon request, provide assistance to any district attorney, the attorney general and reporter, or a law enforcement agency investigating a violation of this chapter or title 39, chapter 17, parts 5 or 6. Acts 2003, ch. 297, § 2; 2004, ch. 841, § 7.
(a) All records and information in the possession of the corporation are open for inspection by members of the public unless otherwise provided by state law. The following records or information in the possession of the corporation shall be treated as confidential and shall be exempt from § 10-7-503 : (1) Trade secrets, as such term is defined in § 47-25-1702 ; (2) Security measures, systems, or procedures; (3) Security reports; (4) Proposals received pursuant to personal service, professional service, consultant service contract regulations, and related records, including evaluations and memoranda; provided, however, that such information shall be available for public inspection after the completion of evaluation of such proposals by the corporation. Sealed bids for the purchase of goods and services, and leases of real property, and individual purchase records, including evaluations and memoranda relating to such bids; provided, however, that such information shall be available for public inspection after the completion of evaluation of such bids by the corporation. Internal audit reviews of the corporation including any documentation and memoranda relating to such audits; provided, however, that such information shall be available for public inspection after finalization of such audits by the corporation; (5) (A) The following records or information of an employee of the corporation in the possession of the corporation in its capacity as an employer shall be treated as confidential and shall not be open for inspection by members of the public: unpublished telephone numbers; bank account information; social security number; driver license information except where driving or operating a vehicle is part of the employee's job description or job duties or incidental to the performance of the employee's job; and the same information of immediate family members or household members; (B) Information made confidential by this subdivision (a)(5) shall be redacted wherever possible and nothing in this subdivision (a)(5) shall be used to limit or deny access to otherwise public information because a file, a document, or data file contains confidential information; (C) Nothing in this subdivision (a)(5) shall be construed to limit access to these records by law enforcement agencies, courts, or other governmental agencies performing official functions; (D) Nothing in this subdivision (a)(5) shall be construed to close any personnel records of an employee of the corporation that are currently open under state law; (E) Nothing in this subdivision (a)(5) shall be construed to limit access to information made confidential under this subdivision (a)(5), when the employee expressly authorizes the release of such information; (6) Information obtained pursuant to investigations that is otherwise confidential; (7) Identifying information obtained from prize winners including, but not limited to, home and work addresses, telephone numbers, social security numbers, and any other information that could reasonably be used to locate the whereabouts of an individual; provided, however, that: (A) The corporation shall disclose any relevant information to a claimant agency pursuant to part 2 of this chapter necessary to establish or enforce a claim against a debtor as defined in part 2 of this chapter; (B) The corporation may disclose a lottery prize winner's name, home state, hometown, and, if authorized by the prize winner, any other information for marketing, advertising, or promotional purposes; and (C) The corporation shall disclose any information not subject to subdivisions (a)(1)-(4) or (a)(6), that is otherwise necessary to assist any federal, state, or local entity in the performance of its statutory or regulatory duties; (8) Medical records or medical information of an employee of the corporation, and medical records or information of family members of an employee of the corporation in the possession of the corporation shall be treated as confidential and shall not be open for inspection by members of the public; (9) All information relative to the hiring or retention of the chief executive officer or president; (10) All information relative to prospective lottery games and security and other sensitive information relative to current lottery games; and (11) Any information concerning lottery sales made by lottery retailers unless otherwise provided by law.
(1) Trade secrets, as such term is defined in § 47-25-1702 ;
(2) Security measures, systems, or procedures;
(3) Security reports;
(4) Proposals received pursuant to personal service, professional service, consultant service contract regulations, and related records, including evaluations and memoranda; provided, however, that such information shall be available for public inspection after the completion of evaluation of such proposals by the corporation. Sealed bids for the purchase of goods and services, and leases of real property, and individual purchase records, including evaluations and memoranda relating to such bids; provided, however, that such information shall be available for public inspection after the completion of evaluation of such bids by the corporation. Internal audit reviews of the corporation including any documentation and memoranda relating to such audits; provided, however, that such information shall be available for public inspection after finalization of such audits by the corporation;
(5) (A) The following records or information of an employee of the corporation in the possession of the corporation in its capacity as an employer shall be treated as confidential and shall not be open for inspection by members of the public: unpublished telephone numbers; bank account information; social security number; driver license information except where driving or operating a vehicle is part of the employee's job description or job duties or incidental to the performance of the employee's job; and the same information of immediate family members or household members; (B) Information made confidential by this subdivision (a)(5) shall be redacted wherever possible and nothing in this subdivision (a)(5) shall be used to limit or deny access to otherwise public information because a file, a document, or data file contains confidential information; (C) Nothing in this subdivision (a)(5) shall be construed to limit access to these records by law enforcement agencies, courts, or other governmental agencies performing official functions; (D) Nothing in this subdivision (a)(5) shall be construed to close any personnel records of an employee of the corporation that are currently open under state law; (E) Nothing in this subdivision (a)(5) shall be construed to limit access to information made confidential under this subdivision (a)(5), when the employee expressly authorizes the release of such information;
(A) The following records or information of an employee of the corporation in the possession of the corporation in its capacity as an employer shall be treated as confidential and shall not be open for inspection by members of the public: unpublished telephone numbers; bank account information; social security number; driver license information except where driving or operating a vehicle is part of the employee's job description or job duties or incidental to the performance of the employee's job; and the same information of immediate family members or household members;
(B) Information made confidential by this subdivision (a)(5) shall be redacted wherever possible and nothing in this subdivision (a)(5) shall be used to limit or deny access to otherwise public information because a file, a document, or data file contains confidential information;
(C) Nothing in this subdivision (a)(5) shall be construed to limit access to these records by law enforcement agencies, courts, or other governmental agencies performing official functions;
(D) Nothing in this subdivision (a)(5) shall be construed to close any personnel records of an employee of the corporation that are currently open under state law;
(E) Nothing in this subdivision (a)(5) shall be construed to limit access to information made confidential under this subdivision (a)(5), when the employee expressly authorizes the release of such information;
(6) Information obtained pursuant to investigations that is otherwise confidential;
(7) Identifying information obtained from prize winners including, but not limited to, home and work addresses, telephone numbers, social security numbers, and any other information that could reasonably be used to locate the whereabouts of an individual; provided, however, that: (A) The corporation shall disclose any relevant information to a claimant agency pursuant to part 2 of this chapter necessary to establish or enforce a claim against a debtor as defined in part 2 of this chapter; (B) The corporation may disclose a lottery prize winner's name, home state, hometown, and, if authorized by the prize winner, any other information for marketing, advertising, or promotional purposes; and (C) The corporation shall disclose any information not subject to subdivisions (a)(1)-(4) or (a)(6), that is otherwise necessary to assist any federal, state, or local entity in the performance of its statutory or regulatory duties;
(A) The corporation shall disclose any relevant information to a claimant agency pursuant to part 2 of this chapter necessary to establish or enforce a claim against a debtor as defined in part 2 of this chapter;
(B) The corporation may disclose a lottery prize winner's name, home state, hometown, and, if authorized by the prize winner, any other information for marketing, advertising, or promotional purposes; and
(C) The corporation shall disclose any information not subject to subdivisions (a)(1)-(4) or (a)(6), that is otherwise necessary to assist any federal, state, or local entity in the performance of its statutory or regulatory duties;
(8) Medical records or medical information of an employee of the corporation, and medical records or information of family members of an employee of the corporation in the possession of the corporation shall be treated as confidential and shall not be open for inspection by members of the public;
(9) All information relative to the hiring or retention of the chief executive officer or president;
(10) All information relative to prospective lottery games and security and other sensitive information relative to current lottery games; and
(11) Any information concerning lottery sales made by lottery retailers unless otherwise provided by law.
(b) Meetings of the corporation shall be open to the public pursuant to title 8, chapter 44, part 1; provided, however, that portions of meetings devoted to discussing information deemed confidential pursuant to this section or deemed confidential pursuant to title 10, chapter 7, part 5 are exempt from title 8, chapter 44, part 1.
(c) Information deemed confidential pursuant to subsection (a) is exempt from § 10-7-503 . Meetings or portions of meetings devoted to discussing information deemed confidential pursuant to subsection (a) are exempt from title 8, chapter 44, part 1.
(d) The corporation shall perform or cause to be performed full criminal history record checks prior to the execution of any vendor contract.
(e) The corporation, or its authorized agent, shall: (1) Conduct criminal history record checks and credit investigations on all potential retailers; provided, however, that the corporation, or its authorized agent, may conduct or cause to be conducted criminal history record checks and credit investigations on employees of potential and authorized lottery retailers at any time; (2) Supervise ticket or share validation and lottery drawings; (3) Inspect, at times determined solely by the corporation, the facilities of any vendor or lottery retailer in order to determine the integrity of the vendor's product or the operations of the retailer in order to determine whether the vendor or the retailer is in compliance with its contract; (4) Report any suspected violations of this chapter to the appropriate district attorney, or the attorney general and reporter, and to any law enforcement agencies having jurisdiction over the violation; and (5) Upon request, provide assistance to any district attorney, the attorney general and reporter, or a law enforcement agency investigating a violation of this chapter or title 39, chapter 17, parts 5 or 6.
(1) Conduct criminal history record checks and credit investigations on all potential retailers; provided, however, that the corporation, or its authorized agent, may conduct or cause to be conducted criminal history record checks and credit investigations on employees of potential and authorized lottery retailers at any time;
(2) Supervise ticket or share validation and lottery drawings;
(3) Inspect, at times determined solely by the corporation, the facilities of any vendor or lottery retailer in order to determine the integrity of the vendor's product or the operations of the retailer in order to determine whether the vendor or the retailer is in compliance with its contract;
(4) Report any suspected violations of this chapter to the appropriate district attorney, or the attorney general and reporter, and to any law enforcement agencies having jurisdiction over the violation; and
(5) Upon request, provide assistance to any district attorney, the attorney general and reporter, or a law enforcement agency investigating a violation of this chapter or title 39, chapter 17, parts 5 or 6.
Acts 2003, ch. 297, § 2; 2004, ch. 841, § 7.
Tenn. Code Ann. § 4-20-304 — TN Code / Title 4 / Chapter 20 / Section 4-20-304
Powers and authority - Assistance and data from other state entities - Sole governing authority of museum
Status: in_force

(a) The commission is authorized and empowered to: (1) Oversee the operation of the state museum; (2) Employ a museum executive director; (3) Promulgate rules and regulations for its own governance and for the operation and administration of the museum, with the rules and regulations being promulgated in accordance with the Uniform Administrative Procedures Act, compiled in chapter 5 of this title; (4) Identify the necessary controls to ensure expenditures in accordance with the law of such public funds as may be appropriated to the commission; (5) Make regular reports to the general assembly as required; and (6) Adopt policies designed to fulfill the duties and to attain the objectives of the commission as established by law. (b) The commission may request and shall receive from any department, division, board, bureau, commission or agency of this state any assistance and data as will enable it properly to carry out its powers and duties under this part. (c) The commission shall be the sole governing authority of the state museum. Amended by 2018 Tenn. Acts, ch. 821,s 17, eff. 4/24/2018. Acts 2009, ch. 497, § 1.
(a) The commission is authorized and empowered to: (1) Oversee the operation of the state museum; (2) Employ a museum executive director; (3) Promulgate rules and regulations for its own governance and for the operation and administration of the museum, with the rules and regulations being promulgated in accordance with the Uniform Administrative Procedures Act, compiled in chapter 5 of this title; (4) Identify the necessary controls to ensure expenditures in accordance with the law of such public funds as may be appropriated to the commission; (5) Make regular reports to the general assembly as required; and (6) Adopt policies designed to fulfill the duties and to attain the objectives of the commission as established by law.
(1) Oversee the operation of the state museum;
(2) Employ a museum executive director;
(3) Promulgate rules and regulations for its own governance and for the operation and administration of the museum, with the rules and regulations being promulgated in accordance with the Uniform Administrative Procedures Act, compiled in chapter 5 of this title;
(4) Identify the necessary controls to ensure expenditures in accordance with the law of such public funds as may be appropriated to the commission;
(5) Make regular reports to the general assembly as required; and
(6) Adopt policies designed to fulfill the duties and to attain the objectives of the commission as established by law.
(b) The commission may request and shall receive from any department, division, board, bureau, commission or agency of this state any assistance and data as will enable it properly to carry out its powers and duties under this part.
(c) The commission shall be the sole governing authority of the state museum.
Amended by 2018 Tenn. Acts, ch. 821,s 17, eff. 4/24/2018.
Acts 2009, ch. 497, § 1.