Tenn. Code Ann. § 62-19-111 — TN Code / Title 62 / Chapter 19 / Section 62-19-111
General licensing provisions
Status: in_force

(a) (1) An individual applying for a license as a bid caller auctioneer must submit an application to the commission on the prescribed form. The application must be accompanied by satisfactory proof that the applicant: (A) Is at least eighteen (18) years of age; and (B) Has successfully completed sixteen (16) hours of classroom or online instruction on the basic fundamentals of auctioneering at an auction school accredited by the commission; and (2) Auction chant instruction is optional and is not to be included in the basic fundamentals of auctioneering, nor may auction chant instruction be completed online. (b) An individual applying for a license as an affiliate auctioneer must submit an application to the commission on the prescribed form. The application must be accompanied by a nonrefundable examination fee as set by the commission and must prove that the applicant: (1) Is at least eighteen (18) years of age; and (2) Has successfully completed, in addition to the education requirements under subdivision (a)(1)(B), thirty-four (34) hours of classroom or online instruction in the fundamentals of auctioneering at an auction school accredited by the commission. (c) An individual applying for a license as a principal auctioneer must submit an application to the commission on the prescribed form. The application must be accompanied by a nonrefundable examination fee as set by the commission and must prove that the applicant: (1) Is at least eighteen (18) years of age; (2) Has served as an affiliate auctioneer under the supervision of a licensed, full-time principal or public automobile auctioneer for a period of six (6) months; and (3) Has obtained a high school diploma or high school equivalency credential approved by the state board of education. (d) The commission may require other proof as necessary, through the application or otherwise, to assess the honesty, trustworthiness, integrity, reputation, and competency of the auctioneer applicant. (e) An individual who meets the requirements of subsections (b)-(d) may take an examination prescribed by the commission to determine the individual's qualifications. The examination must include, but not be limited to, reading, writing, spelling, elementary arithmetic, elementary principles of land economics, ethics, the law of this state relating to bulk sales, auctions and brokerage, and the provisions of this chapter. The examination for a principal auctioneer's license must be more specific in nature and scope than the examination for an affiliate auctioneer's license. (f) An applicant who fails an examination shall pay a fee as set by the commission for each reexamination. (g) The commission shall issue a license and pocket card, upon receipt of the appropriate fee as set by the commission, to an applicant who meets the requirements for licensure under this chapter. The license must be conspicuously displayed at all times in the office of the licensee. (h) Except as provided in § 62-19-117 , every auctioneer licensed under this chapter shall maintain a place of business in this state. A bid caller licensee may list their home address as their place of business with the commission. (i) All licenses issued by the commission expire two (2) years from the original date the license was issued. Each license must be renewed on or before its expiration date. (j) If a licensee fails to renew a license on or before its expiration date, the commission may, in its discretion, renew the license upon application within two (2) months of the expiration date. The application must be accompanied by the prescribed fee and payment of a monetary penalty as set by the commission. A person seeking to renew a license later than two (2) months after its expiration must reapply for licensure. The commission may, in its discretion: (1) Waive reexamination or additional education requirements for the applicant; or (2) Reinstate a license subject to the applicant's compliance with reasonable conditions that the commission may prescribe, including payment of an additional reasonable fee to be set by the commission. (k) When fees are remitted by mail to the commission, the date of payment is determined by the official postmark of the mail. (l) When an affiliate auctioneer's employment with an auctioneer is terminated for any reason, the auctioneer shall immediately deliver, or send by registered mail, the affiliate auctioneer's license to the commission. The affiliate auctioneer shall not engage in the business of an auctioneer until the affiliate auctioneer receives a new license and pocket card for the unexpired term bearing the name and address of the new employer. The fee for the new license and pocket card is set by the commission. (m) No more than one (1) license may be issued to an affiliate auctioneer to be in effect at any one (1) time. (n) No license issued by the commission may authorize the licensee to engage in business at a location other than what is stated on the license. A licensee shall immediately notify the commission in writing in the event of a change of business location. The written notice must be accompanied by the current license and pocket card and a fee as set by the commission. (o) Auctions for the sale of registered livestock must be conducted by a licensed auctioneer. The auctioneer is exempt from issuing closing statements and disbursing funds if such responsibilities are performed by a duly chartered livestock association or livestock breed association. (p) An affiliate auctioneer may be employed by a licensed auctioneer who is not designated as the affiliate's sponsor upon receiving written permission from the affiliate's sponsor and notifying the commission of the employment in the proper form and manner as prescribed by rules promulgated by the commission. An auctioneer employing an affiliate who is not under the auctioneer's sponsorship is responsible for the actions of the affiliate while under that auctioneer's employment. The sponsor is responsible for the actions of the affiliate at all other times. (q) The commission may deny an applicant for an affiliate auctioneer or auctioneer the right to take an examination for a period of up to two (2) years if the applicant is found by the commission to have conducted business within this state as an affiliate auctioneer or auctioneer without being licensed. (r) An individual applying for a license as a public automobile auctioneer must submit an application to the commission on the prescribed form. The application must be accompanied by a nonrefundable examination fee as set by the commission and satisfactory proof that the applicant: (1) Is at least eighteen (18) years of age; (2) Has served as a principal auctioneer for a period of two (2) years; and (3) Has successfully completed, in addition to the education required by subdivision (b)(2), fifteen (15) hours of more rigorous classroom or online instruction in automobile auctioneering as approved by the commission. (s) An individual who receives a public automobile auctioneer license may exercise all activities authorized under a principal auctioneer license or bid caller license without having to meet additional licensure requirements. Amended by 2023 Tenn. Acts, ch. 114, s 48, eff. 7/1/2023. Amended by 2021 Tenn. Acts, ch. 549, s 31, eff. 10/1/2021. Amended by 2019 Tenn. Acts, ch. 471, s 10, eff. 7/1/2019. Acts 1967, ch. 335, § 12; 1971, ch. 161, § 2; 1971, ch. 218, § 1; 1976, ch. 824, § 5; 1978, ch. 569, §§ 4, 5; impl. am. Acts 1978, ch. 934, §§ 22, 36; Acts 1981, ch. 416, §§ 6, 7; T.C.A., § 62-1912; Acts 1983, ch. 250, § 8; 1986, ch. 915, §3; 1989, ch. 360, § 10; 1989, ch. 523, §§ 158-165; 1990, ch. 1026, §42; 1991, ch. 485, §§1-3; 1997 , ch. 91, §§1, 2, 5; 1999, ch. 358, §§4 - 6; 2008 , ch. 724, § 3.
(a) (1) An individual applying for a license as a bid caller auctioneer must submit an application to the commission on the prescribed form. The application must be accompanied by satisfactory proof that the applicant: (A) Is at least eighteen (18) years of age; and (B) Has successfully completed sixteen (16) hours of classroom or online instruction on the basic fundamentals of auctioneering at an auction school accredited by the commission; and (2) Auction chant instruction is optional and is not to be included in the basic fundamentals of auctioneering, nor may auction chant instruction be completed online.
(1) An individual applying for a license as a bid caller auctioneer must submit an application to the commission on the prescribed form. The application must be accompanied by satisfactory proof that the applicant: (A) Is at least eighteen (18) years of age; and (B) Has successfully completed sixteen (16) hours of classroom or online instruction on the basic fundamentals of auctioneering at an auction school accredited by the commission; and
(A) Is at least eighteen (18) years of age; and
(B) Has successfully completed sixteen (16) hours of classroom or online instruction on the basic fundamentals of auctioneering at an auction school accredited by the commission; and
(2) Auction chant instruction is optional and is not to be included in the basic fundamentals of auctioneering, nor may auction chant instruction be completed online.
(b) An individual applying for a license as an affiliate auctioneer must submit an application to the commission on the prescribed form. The application must be accompanied by a nonrefundable examination fee as set by the commission and must prove that the applicant: (1) Is at least eighteen (18) years of age; and (2) Has successfully completed, in addition to the education requirements under subdivision (a)(1)(B), thirty-four (34) hours of classroom or online instruction in the fundamentals of auctioneering at an auction school accredited by the commission.
(1) Is at least eighteen (18) years of age; and
(2) Has successfully completed, in addition to the education requirements under subdivision (a)(1)(B), thirty-four (34) hours of classroom or online instruction in the fundamentals of auctioneering at an auction school accredited by the commission.
(c) An individual applying for a license as a principal auctioneer must submit an application to the commission on the prescribed form. The application must be accompanied by a nonrefundable examination fee as set by the commission and must prove that the applicant: (1) Is at least eighteen (18) years of age; (2) Has served as an affiliate auctioneer under the supervision of a licensed, full-time principal or public automobile auctioneer for a period of six (6) months; and (3) Has obtained a high school diploma or high school equivalency credential approved by the state board of education.
(1) Is at least eighteen (18) years of age;
(2) Has served as an affiliate auctioneer under the supervision of a licensed, full-time principal or public automobile auctioneer for a period of six (6) months; and
(3) Has obtained a high school diploma or high school equivalency credential approved by the state board of education.
(d) The commission may require other proof as necessary, through the application or otherwise, to assess the honesty, trustworthiness, integrity, reputation, and competency of the auctioneer applicant.
(e) An individual who meets the requirements of subsections (b)-(d) may take an examination prescribed by the commission to determine the individual's qualifications. The examination must include, but not be limited to, reading, writing, spelling, elementary arithmetic, elementary principles of land economics, ethics, the law of this state relating to bulk sales, auctions and brokerage, and the provisions of this chapter. The examination for a principal auctioneer's license must be more specific in nature and scope than the examination for an affiliate auctioneer's license.
(f) An applicant who fails an examination shall pay a fee as set by the commission for each reexamination.
(g) The commission shall issue a license and pocket card, upon receipt of the appropriate fee as set by the commission, to an applicant who meets the requirements for licensure under this chapter. The license must be conspicuously displayed at all times in the office of the licensee.
(h) Except as provided in § 62-19-117 , every auctioneer licensed under this chapter shall maintain a place of business in this state. A bid caller licensee may list their home address as their place of business with the commission.
(i) All licenses issued by the commission expire two (2) years from the original date the license was issued. Each license must be renewed on or before its expiration date.
(j) If a licensee fails to renew a license on or before its expiration date, the commission may, in its discretion, renew the license upon application within two (2) months of the expiration date. The application must be accompanied by the prescribed fee and payment of a monetary penalty as set by the commission. A person seeking to renew a license later than two (2) months after its expiration must reapply for licensure. The commission may, in its discretion: (1) Waive reexamination or additional education requirements for the applicant; or (2) Reinstate a license subject to the applicant's compliance with reasonable conditions that the commission may prescribe, including payment of an additional reasonable fee to be set by the commission.
(1) Waive reexamination or additional education requirements for the applicant; or
(2) Reinstate a license subject to the applicant's compliance with reasonable conditions that the commission may prescribe, including payment of an additional reasonable fee to be set by the commission.
(k) When fees are remitted by mail to the commission, the date of payment is determined by the official postmark of the mail.
(l) When an affiliate auctioneer's employment with an auctioneer is terminated for any reason, the auctioneer shall immediately deliver, or send by registered mail, the affiliate auctioneer's license to the commission. The affiliate auctioneer shall not engage in the business of an auctioneer until the affiliate auctioneer receives a new license and pocket card for the unexpired term bearing the name and address of the new employer. The fee for the new license and pocket card is set by the commission.
(m) No more than one (1) license may be issued to an affiliate auctioneer to be in effect at any one (1) time.
(n) No license issued by the commission may authorize the licensee to engage in business at a location other than what is stated on the license. A licensee shall immediately notify the commission in writing in the event of a change of business location. The written notice must be accompanied by the current license and pocket card and a fee as set by the commission.
(o) Auctions for the sale of registered livestock must be conducted by a licensed auctioneer. The auctioneer is exempt from issuing closing statements and disbursing funds if such responsibilities are performed by a duly chartered livestock association or livestock breed association.
(p) An affiliate auctioneer may be employed by a licensed auctioneer who is not designated as the affiliate's sponsor upon receiving written permission from the affiliate's sponsor and notifying the commission of the employment in the proper form and manner as prescribed by rules promulgated by the commission. An auctioneer employing an affiliate who is not under the auctioneer's sponsorship is responsible for the actions of the affiliate while under that auctioneer's employment. The sponsor is responsible for the actions of the affiliate at all other times.
(q) The commission may deny an applicant for an affiliate auctioneer or auctioneer the right to take an examination for a period of up to two (2) years if the applicant is found by the commission to have conducted business within this state as an affiliate auctioneer or auctioneer without being licensed.
(r) An individual applying for a license as a public automobile auctioneer must submit an application to the commission on the prescribed form. The application must be accompanied by a nonrefundable examination fee as set by the commission and satisfactory proof that the applicant: (1) Is at least eighteen (18) years of age; (2) Has served as a principal auctioneer for a period of two (2) years; and (3) Has successfully completed, in addition to the education required by subdivision (b)(2), fifteen (15) hours of more rigorous classroom or online instruction in automobile auctioneering as approved by the commission.
(1) Is at least eighteen (18) years of age;
(2) Has served as a principal auctioneer for a period of two (2) years; and
(3) Has successfully completed, in addition to the education required by subdivision (b)(2), fifteen (15) hours of more rigorous classroom or online instruction in automobile auctioneering as approved by the commission.
(s) An individual who receives a public automobile auctioneer license may exercise all activities authorized under a principal auctioneer license or bid caller license without having to meet additional licensure requirements.
Amended by 2023 Tenn. Acts, ch. 114, s 48, eff. 7/1/2023.
Amended by 2021 Tenn. Acts, ch. 549, s 31, eff. 10/1/2021.
Amended by 2019 Tenn. Acts, ch. 471, s 10, eff. 7/1/2019.
Acts 1967, ch. 335, § 12; 1971, ch. 161, § 2; 1971, ch. 218, § 1; 1976, ch. 824, § 5; 1978, ch. 569, §§ 4, 5; impl. am. Acts 1978, ch. 934, §§ 22, 36; Acts 1981, ch. 416, §§ 6, 7; T.C.A., § 62-1912; Acts 1983, ch. 250, § 8; 1986, ch. 915, §3; 1989, ch. 360, § 10; 1989, ch. 523, §§ 158-165; 1990, ch. 1026, §42; 1991, ch. 485, §§1-3; 1997 , ch. 91, §§1, 2, 5; 1999, ch. 358, §§4 - 6; 2008 , ch. 724, § 3.
Tenn. Code Ann. § 62-13-315 — TN Code / Title 62 / Chapter 13 / Section 62-13-315
Receipt of compensation of broker, affiliate broker, or other licensed person by business entity
Status: in_force

(a) A broker, affiliate broker, or other person licensed by the real estate commission may receive compensation directly to a business entity that: (1) Is solely owned by that broker, affiliate broker, or other person; and (2) Has been formed for the purpose of receiving compensation earned by that broker, affiliate broker, or other person for acts regulated by this chapter. (b) A business entity formed for the purpose stated in subdivision (a)(2) is not required to be licensed under this chapter so long as the sole owner of the business entity is licensed by the real estate commission. Added by 2021 Tenn. Acts, ch. 94,s 1, eff. 4/7/2021.
(a) A broker, affiliate broker, or other person licensed by the real estate commission may receive compensation directly to a business entity that: (1) Is solely owned by that broker, affiliate broker, or other person; and (2) Has been formed for the purpose of receiving compensation earned by that broker, affiliate broker, or other person for acts regulated by this chapter.
(1) Is solely owned by that broker, affiliate broker, or other person; and
(2) Has been formed for the purpose of receiving compensation earned by that broker, affiliate broker, or other person for acts regulated by this chapter.
(b) A business entity formed for the purpose stated in subdivision (a)(2) is not required to be licensed under this chapter so long as the sole owner of the business entity is licensed by the real estate commission.
Added by 2021 Tenn. Acts, ch. 94,s 1, eff. 4/7/2021.
Tenn. Code Ann. § 62-21-202 — TN Code / Title 62 / Chapter 21 / Section 62-21-202
Contents of report - Warranty - Civil liability
Status: in_force

(a) A wood destroying insect infestation inspection report issued by a chartered pest control operator evidences the presence or absence of visible wood destroying insects and the presence or absence of visible damage caused by the insects noted on the day the inspection is made. Obstructions and inaccessible areas shall be so noted in the report. (b) The wood destroying insect infestation inspection report shall be submitted on forms prescribed by the National Pest Management Association and the department of housing and urban development. In addition to other information, the report shall include the address of the property, a graph or other diagram showing the layout of the property, the areas of damage or active infestation, if any, the name of the licensed or certified employee conducting the inspection, the pest control operator name, address and charter number, the date of the inspection and any recommendations for corrective action. (c) Notwithstanding any law to the contrary, a wood destroying insect infestation inspection report is a warranty for ninety (90) days of the accuracy of any representations in the inspection report. (d) The person to whom a wood destroying insect infestation inspection report is issued may recover from the warrantor for breach of warranty compensatory damages, including all repair costs that are proximately related to the warranty as provided in § 62-21-203 . (e) Any person knowingly issuing a false report or who issues a report without making a physical inspection of the site shall be liable in treble the amount of damages resulting from or incident to the breach of the warranty. The party injured by the breach may bring suit for the breach and for the damages. Acts 2000, ch. 668, § 8.
(a) A wood destroying insect infestation inspection report issued by a chartered pest control operator evidences the presence or absence of visible wood destroying insects and the presence or absence of visible damage caused by the insects noted on the day the inspection is made. Obstructions and inaccessible areas shall be so noted in the report.
(b) The wood destroying insect infestation inspection report shall be submitted on forms prescribed by the National Pest Management Association and the department of housing and urban development. In addition to other information, the report shall include the address of the property, a graph or other diagram showing the layout of the property, the areas of damage or active infestation, if any, the name of the licensed or certified employee conducting the inspection, the pest control operator name, address and charter number, the date of the inspection and any recommendations for corrective action.
(c) Notwithstanding any law to the contrary, a wood destroying insect infestation inspection report is a warranty for ninety (90) days of the accuracy of any representations in the inspection report.
(d) The person to whom a wood destroying insect infestation inspection report is issued may recover from the warrantor for breach of warranty compensatory damages, including all repair costs that are proximately related to the warranty as provided in § 62-21-203 .
(e) Any person knowingly issuing a false report or who issues a report without making a physical inspection of the site shall be liable in treble the amount of damages resulting from or incident to the breach of the warranty. The party injured by the breach may bring suit for the breach and for the damages.
Acts 2000, ch. 668, § 8.
Tenn. Code Ann. § 62-6-406 — TN Code / Title 62 / Chapter 6 / Section 62-6-406
Application to work as a limited licensed plumber - Examination - Exemptions - Municipal and county licenses - Plumbing inspection
Status: in_force

(a) (1) If a person was not engaged in plumbing work prior to January 1, 2006, after that date, once a person obtains a minimum of one (1) year of plumbing experience satisfactory to the board as required in this part, the person desiring to engage in plumbing work as a limited licensed plumber in this state shall make written application to the board on forms prescribed by the board. The application shall be accompanied by a nonrefundable application fee. (2) If the application is satisfactory to the board, then the applicant is entitled to take an examination to determine the applicant's qualifications. The board shall charge each applicant an examination fee as set by the board for each examination. The applicant is entitled to an examination to determine the applicant's qualifications. The examination may be written or oral, or both. (3) If the results of the examination of an applicant are satisfactory to the board, then the board may issue to the applicant a license authorizing the applicant to perform plumbing services as provided in this part and charge a fee for the license. (4) In addition, if a person was not engaged in plumbing work prior to January 1, 2006, after that date, the board may also issue a license without an examination to a person who has been issued a license by a municipality or county if the person has obtained the minimum of one (1) year of plumbing experience in that municipality or county; provided, that the test required by the municipality or county is satisfactory to the board. In such case, the examination fee shall be waived by the board. The license issued to the person shall indicate that the person is not automatically permitted to work in any municipality or county that issues its own license to engage in plumbing work in that municipality or county. (5) Except as provided in subsection (h), if a person was not engaged in plumbing work prior to January 1, 2006, after that date, if the license for a limited licensed plumber was issued to a person pursuant to subdivision (a)(2) or (a)(4), once the person submits credible evidence to the board that the person has a minimum of two (2) years of plumbing experience satisfactory to the board, the board shall issue a license to the person, if the application is satisfactory to the board, that permits the person to perform plumbing services in any municipality, metropolitan government or county in this state, as provided by § 62-6-111(i) ; provided, however, that for purposes of this subdivision (a)(5), the licensee shall pay any local licensing fees in effect on the date the license issued pursuant to this subdivision (a)(5) is applied for. (b) The board may issue a license as a limited licensed plumber to any person without an examination as required by this part, if the person makes an application to the board prior to August 1, 2006, and provides evidence to the board that the person had obtained the minimum one (1) year of plumbing experience prior to January 1, 2006, satisfactory to the board. The license issued to the person shall indicate that the person is not automatically permitted to work in any municipality or county that issues its own license to engage in plumbing work in that municipality or county. (c) (1) Except as provided in subsection (b), applications for a license after January 1, 2006, shall provide proof of experience as required by the board; and the plumbing experience shall not be less than one (1) year of plumbing experience satisfactory to the board. (2) The board shall promulgate rules and regulations that establish uniform criteria to govern the issuance of licenses by the board. The board shall have discretionary authority in individual cases to modify criteria for an applicant, if the public safety and welfare clearly require modification and if the board furnishes the applicant with a written statement justifying the modification; provided, that the minimum one (1) year of plumbing experience satisfactory to the board shall not be waived or modified. (d) The exemption provisions on licensure of subdivisions (a)(2) and (a)(3) of § 62-6-103 shall apply to limited licensed plumbers. (e) (1) Notwithstanding any provision of this part to the contrary, a license as a limited licensed plumber shall not be required for a person to engage in plumbing work in any municipality or county that issues licenses to persons to perform plumbing work only in that municipality or county; provided, that the plumbing work may be used toward accumulating the minimum one (1) year of experience required to obtain licensure as a limited licensed plumber. (2) A current copy of a license or certification issued to a person who was engaged in plumbing work prior to January 1, 2006, by any county or municipality of this state prior to August 1, 2006, is evidence that the applicant had, by examination by an official of the county or municipality, demonstrated the qualifications required to perform plumbing work within its jurisdiction and was actively engaged in that business on January 1, 2006. (f) Any limited licensed plumber required by this part to be licensed, who requests a plumbing inspection, must first have a license as a limited licensed plumber issued by the board or a license issued by a municipality or county. If a municipality or county provides plumbing inspection services, then the plumbing inspection shall be provided by the municipality or county. (g) (1) The board shall formulate a system for inspectors when the plumbing inspection services are not provided by a municipality or county to report any problems they may encounter with the workmanship or conduct of a limited licensed plumber. The system shall include the use of inspectors who are employed by the board under § 62-6-107(b) . (2) Inspectors working under the direction of the contractor's licensing board shall inspect a limited licensed plumber's work no later than the time of the rough electrical inspection and the work shall be found to be either satisfactory or unsatisfactory and requiring remedial work. (3) The board shall formulate an appropriate system and fee structure to be charged for inspections performed by inspectors working under the direction of the contractor's licensing board to effectuate the inspection provisions of this part within five (5) years after January 1, 2006. (h) Notwithstanding subsections (a)-(g), nothing in this part shall prohibit a city or county from adopting and enforcing stricter testing or experience requirements, or both, for a person to engage in plumbing work within the jurisdiction of the city or county; provided, however, that once an individual passes the license issued by the board to perform plumbing services statewide and the individual meets the stricter requirements, then the individual may perform plumbing services in any municipality, metropolitan government or county in this state. Amended by 2017 Tenn. Acts, ch. 454, s 5, eff. 5/25/2017. Acts 2004, ch. 826, § 7; 2006, ch. 570, §§ 3 - 9.
(a) (1) If a person was not engaged in plumbing work prior to January 1, 2006, after that date, once a person obtains a minimum of one (1) year of plumbing experience satisfactory to the board as required in this part, the person desiring to engage in plumbing work as a limited licensed plumber in this state shall make written application to the board on forms prescribed by the board. The application shall be accompanied by a nonrefundable application fee. (2) If the application is satisfactory to the board, then the applicant is entitled to take an examination to determine the applicant's qualifications. The board shall charge each applicant an examination fee as set by the board for each examination. The applicant is entitled to an examination to determine the applicant's qualifications. The examination may be written or oral, or both. (3) If the results of the examination of an applicant are satisfactory to the board, then the board may issue to the applicant a license authorizing the applicant to perform plumbing services as provided in this part and charge a fee for the license. (4) In addition, if a person was not engaged in plumbing work prior to January 1, 2006, after that date, the board may also issue a license without an examination to a person who has been issued a license by a municipality or county if the person has obtained the minimum of one (1) year of plumbing experience in that municipality or county; provided, that the test required by the municipality or county is satisfactory to the board. In such case, the examination fee shall be waived by the board. The license issued to the person shall indicate that the person is not automatically permitted to work in any municipality or county that issues its own license to engage in plumbing work in that municipality or county. (5) Except as provided in subsection (h), if a person was not engaged in plumbing work prior to January 1, 2006, after that date, if the license for a limited licensed plumber was issued to a person pursuant to subdivision (a)(2) or (a)(4), once the person submits credible evidence to the board that the person has a minimum of two (2) years of plumbing experience satisfactory to the board, the board shall issue a license to the person, if the application is satisfactory to the board, that permits the person to perform plumbing services in any municipality, metropolitan government or county in this state, as provided by § 62-6-111(i) ; provided, however, that for purposes of this subdivision (a)(5), the licensee shall pay any local licensing fees in effect on the date the license issued pursuant to this subdivision (a)(5) is applied for.
(1) If a person was not engaged in plumbing work prior to January 1, 2006, after that date, once a person obtains a minimum of one (1) year of plumbing experience satisfactory to the board as required in this part, the person desiring to engage in plumbing work as a limited licensed plumber in this state shall make written application to the board on forms prescribed by the board. The application shall be accompanied by a nonrefundable application fee.
(2) If the application is satisfactory to the board, then the applicant is entitled to take an examination to determine the applicant's qualifications. The board shall charge each applicant an examination fee as set by the board for each examination. The applicant is entitled to an examination to determine the applicant's qualifications. The examination may be written or oral, or both.
(3) If the results of the examination of an applicant are satisfactory to the board, then the board may issue to the applicant a license authorizing the applicant to perform plumbing services as provided in this part and charge a fee for the license.
(4) In addition, if a person was not engaged in plumbing work prior to January 1, 2006, after that date, the board may also issue a license without an examination to a person who has been issued a license by a municipality or county if the person has obtained the minimum of one (1) year of plumbing experience in that municipality or county; provided, that the test required by the municipality or county is satisfactory to the board. In such case, the examination fee shall be waived by the board. The license issued to the person shall indicate that the person is not automatically permitted to work in any municipality or county that issues its own license to engage in plumbing work in that municipality or county.
(5) Except as provided in subsection (h), if a person was not engaged in plumbing work prior to January 1, 2006, after that date, if the license for a limited licensed plumber was issued to a person pursuant to subdivision (a)(2) or (a)(4), once the person submits credible evidence to the board that the person has a minimum of two (2) years of plumbing experience satisfactory to the board, the board shall issue a license to the person, if the application is satisfactory to the board, that permits the person to perform plumbing services in any municipality, metropolitan government or county in this state, as provided by § 62-6-111(i) ; provided, however, that for purposes of this subdivision (a)(5), the licensee shall pay any local licensing fees in effect on the date the license issued pursuant to this subdivision (a)(5) is applied for.
(b) The board may issue a license as a limited licensed plumber to any person without an examination as required by this part, if the person makes an application to the board prior to August 1, 2006, and provides evidence to the board that the person had obtained the minimum one (1) year of plumbing experience prior to January 1, 2006, satisfactory to the board. The license issued to the person shall indicate that the person is not automatically permitted to work in any municipality or county that issues its own license to engage in plumbing work in that municipality or county.
(c) (1) Except as provided in subsection (b), applications for a license after January 1, 2006, shall provide proof of experience as required by the board; and the plumbing experience shall not be less than one (1) year of plumbing experience satisfactory to the board. (2) The board shall promulgate rules and regulations that establish uniform criteria to govern the issuance of licenses by the board. The board shall have discretionary authority in individual cases to modify criteria for an applicant, if the public safety and welfare clearly require modification and if the board furnishes the applicant with a written statement justifying the modification; provided, that the minimum one (1) year of plumbing experience satisfactory to the board shall not be waived or modified.
(1) Except as provided in subsection (b), applications for a license after January 1, 2006, shall provide proof of experience as required by the board; and the plumbing experience shall not be less than one (1) year of plumbing experience satisfactory to the board.
(2) The board shall promulgate rules and regulations that establish uniform criteria to govern the issuance of licenses by the board. The board shall have discretionary authority in individual cases to modify criteria for an applicant, if the public safety and welfare clearly require modification and if the board furnishes the applicant with a written statement justifying the modification; provided, that the minimum one (1) year of plumbing experience satisfactory to the board shall not be waived or modified.
(d) The exemption provisions on licensure of subdivisions (a)(2) and (a)(3) of § 62-6-103 shall apply to limited licensed plumbers.
(e) (1) Notwithstanding any provision of this part to the contrary, a license as a limited licensed plumber shall not be required for a person to engage in plumbing work in any municipality or county that issues licenses to persons to perform plumbing work only in that municipality or county; provided, that the plumbing work may be used toward accumulating the minimum one (1) year of experience required to obtain licensure as a limited licensed plumber. (2) A current copy of a license or certification issued to a person who was engaged in plumbing work prior to January 1, 2006, by any county or municipality of this state prior to August 1, 2006, is evidence that the applicant had, by examination by an official of the county or municipality, demonstrated the qualifications required to perform plumbing work within its jurisdiction and was actively engaged in that business on January 1, 2006.
(1) Notwithstanding any provision of this part to the contrary, a license as a limited licensed plumber shall not be required for a person to engage in plumbing work in any municipality or county that issues licenses to persons to perform plumbing work only in that municipality or county; provided, that the plumbing work may be used toward accumulating the minimum one (1) year of experience required to obtain licensure as a limited licensed plumber.
(2) A current copy of a license or certification issued to a person who was engaged in plumbing work prior to January 1, 2006, by any county or municipality of this state prior to August 1, 2006, is evidence that the applicant had, by examination by an official of the county or municipality, demonstrated the qualifications required to perform plumbing work within its jurisdiction and was actively engaged in that business on January 1, 2006.
(f) Any limited licensed plumber required by this part to be licensed, who requests a plumbing inspection, must first have a license as a limited licensed plumber issued by the board or a license issued by a municipality or county. If a municipality or county provides plumbing inspection services, then the plumbing inspection shall be provided by the municipality or county.
(g) (1) The board shall formulate a system for inspectors when the plumbing inspection services are not provided by a municipality or county to report any problems they may encounter with the workmanship or conduct of a limited licensed plumber. The system shall include the use of inspectors who are employed by the board under § 62-6-107(b) . (2) Inspectors working under the direction of the contractor's licensing board shall inspect a limited licensed plumber's work no later than the time of the rough electrical inspection and the work shall be found to be either satisfactory or unsatisfactory and requiring remedial work. (3) The board shall formulate an appropriate system and fee structure to be charged for inspections performed by inspectors working under the direction of the contractor's licensing board to effectuate the inspection provisions of this part within five (5) years after January 1, 2006.
(1) The board shall formulate a system for inspectors when the plumbing inspection services are not provided by a municipality or county to report any problems they may encounter with the workmanship or conduct of a limited licensed plumber. The system shall include the use of inspectors who are employed by the board under § 62-6-107(b) .
(2) Inspectors working under the direction of the contractor's licensing board shall inspect a limited licensed plumber's work no later than the time of the rough electrical inspection and the work shall be found to be either satisfactory or unsatisfactory and requiring remedial work.
(3) The board shall formulate an appropriate system and fee structure to be charged for inspections performed by inspectors working under the direction of the contractor's licensing board to effectuate the inspection provisions of this part within five (5) years after January 1, 2006.
(h) Notwithstanding subsections (a)-(g), nothing in this part shall prohibit a city or county from adopting and enforcing stricter testing or experience requirements, or both, for a person to engage in plumbing work within the jurisdiction of the city or county; provided, however, that once an individual passes the license issued by the board to perform plumbing services statewide and the individual meets the stricter requirements, then the individual may perform plumbing services in any municipality, metropolitan government or county in this state.
Amended by 2017 Tenn. Acts, ch. 454, s 5, eff. 5/25/2017.
Acts 2004, ch. 826, § 7; 2006, ch. 570, §§ 3 - 9.
Tenn. Code Ann. § 62-6-119 — TN Code / Title 62 / Chapter 6 / Section 62-6-119
Bid documents - Penalties
Status: in_force

(a) Any person or entity preparing plans, specifications or any other documentation for inclusion in an invitation to bid or comparable bid document including any electronic bidding documents, shall reference this chapter in such documentation and include a specific statement informing the invited bidder that it is necessary for such bidder to be properly licensed at the time of the bid and provide evidence of compliance with the applicable provisions of this chapter before such bid may be considered. (b) The person or entity involved in the preparation of the invitation to bid or comparable bid documents, including any electronic bid documents, shall direct that the following information be written upon the bid envelope or provided within the electronic bid document: (1) The name, license number, expiration date thereof, and license classification of the contractor applying to bid for the prime contract; (2) The name, license number, expiration date thereof, and license classification of the contractor applying to bid for the masonry contract where the total cost of the materials and labor for the masonry portion of the construction project exceeds one hundred thousand dollars ($100,000); (3) The name, license number, expiration date thereof, and license classification of the contractor applying to bid for the electrical, plumbing, heating, ventilation, or air conditioning contracts except when such contractor's portion of the construction project is less than twenty-five thousand dollars ($25,000); (4) For each vertical closed loop geothermal heating and cooling project, the company name, department of environment and conservation license number, classification (G, L or G,L) and the expiration date, except when the geothermal portion of the construction project is in an amount less than twenty-five thousand dollars ($25,000); (5) Prime contractor bidders who are to perform the masonry portion of the construction project which exceeds one hundred thousand dollars ($100,000), materials and labor, the electrical, plumbing, heating, ventilation or air conditioning or the geothermal heating and cooling must be so designated; and (6) Only one (1) contractor in each of the classifications listed above shall be written on the bid envelope or provided within the electronic bid document. (c) Failure of any bidder to furnish the required information shall void such bid and such bid shall not be considered. Upon opening of the bid envelope or initial opening of an electronic bid, the names of all contractors listed shall be read aloud at the official bid opening and incorporated into the bid. Prior to awarding a contract, the awarding person or entity and its authorized representatives shall verify the accuracy, correctness and completeness of the required information, and any discrepancies found in the spelling of names of bidders, transposition of license numbers, or other similar typographical errors or omissions may be corrected within forty-eight (48) hours after the bid opening excluding weekends and state-recognized holidays. (d) No invitation to bid may require that any subcontractor be identified, listed or designated until the final bid submission by the prime contractor, or that any prime contractor accept the bid of any subcontractor until the final bid submission by the prime contractor. This subsection (d) shall apply only to design/bid/build procurements where cost is the primary criterion for the contract award. (e) Any person or entity, public and private, awarding a bid to a contractor who is not licensed in accordance with this chapter shall be subject to the penalty provided in § 62-6-120(b) . (f) Notwithstanding the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, relative to the amount of civil penalties that may be imposed, the board may impose a civil penalty not to exceed five thousand dollars ($5,000) for willful violation of this section. Amended by 2014 Tenn. Acts, ch. 644, s 1, eff. 7/1/2014. Acts 1976, ch. 822, § 20; T.C.A., § 62-620; Acts 1986, ch. 718, § 2; 1989, ch. 591, § 111; 1990, ch. 868, §§ 1, 2; 1991, ch. 247, § 1; 1994, ch. 986, § 13; 1995, ch. 341, § 1; 1997 , ch. 153, § 1; 2001, ch. 222, § 3; 2008 , ch. 792, §§ 1, 2; 2010 , ch. 768, §§ 1, 2; 2010 , ch. 801, § 1; 2011 , ch. 12, §§ 1, 2.
(a) Any person or entity preparing plans, specifications or any other documentation for inclusion in an invitation to bid or comparable bid document including any electronic bidding documents, shall reference this chapter in such documentation and include a specific statement informing the invited bidder that it is necessary for such bidder to be properly licensed at the time of the bid and provide evidence of compliance with the applicable provisions of this chapter before such bid may be considered.
(b) The person or entity involved in the preparation of the invitation to bid or comparable bid documents, including any electronic bid documents, shall direct that the following information be written upon the bid envelope or provided within the electronic bid document: (1) The name, license number, expiration date thereof, and license classification of the contractor applying to bid for the prime contract; (2) The name, license number, expiration date thereof, and license classification of the contractor applying to bid for the masonry contract where the total cost of the materials and labor for the masonry portion of the construction project exceeds one hundred thousand dollars ($100,000); (3) The name, license number, expiration date thereof, and license classification of the contractor applying to bid for the electrical, plumbing, heating, ventilation, or air conditioning contracts except when such contractor's portion of the construction project is less than twenty-five thousand dollars ($25,000); (4) For each vertical closed loop geothermal heating and cooling project, the company name, department of environment and conservation license number, classification (G, L or G,L) and the expiration date, except when the geothermal portion of the construction project is in an amount less than twenty-five thousand dollars ($25,000); (5) Prime contractor bidders who are to perform the masonry portion of the construction project which exceeds one hundred thousand dollars ($100,000), materials and labor, the electrical, plumbing, heating, ventilation or air conditioning or the geothermal heating and cooling must be so designated; and (6) Only one (1) contractor in each of the classifications listed above shall be written on the bid envelope or provided within the electronic bid document.
(1) The name, license number, expiration date thereof, and license classification of the contractor applying to bid for the prime contract;
(2) The name, license number, expiration date thereof, and license classification of the contractor applying to bid for the masonry contract where the total cost of the materials and labor for the masonry portion of the construction project exceeds one hundred thousand dollars ($100,000);
(3) The name, license number, expiration date thereof, and license classification of the contractor applying to bid for the electrical, plumbing, heating, ventilation, or air conditioning contracts except when such contractor's portion of the construction project is less than twenty-five thousand dollars ($25,000);
(4) For each vertical closed loop geothermal heating and cooling project, the company name, department of environment and conservation license number, classification (G, L or G,L) and the expiration date, except when the geothermal portion of the construction project is in an amount less than twenty-five thousand dollars ($25,000);
(5) Prime contractor bidders who are to perform the masonry portion of the construction project which exceeds one hundred thousand dollars ($100,000), materials and labor, the electrical, plumbing, heating, ventilation or air conditioning or the geothermal heating and cooling must be so designated; and
(6) Only one (1) contractor in each of the classifications listed above shall be written on the bid envelope or provided within the electronic bid document.
(c) Failure of any bidder to furnish the required information shall void such bid and such bid shall not be considered. Upon opening of the bid envelope or initial opening of an electronic bid, the names of all contractors listed shall be read aloud at the official bid opening and incorporated into the bid. Prior to awarding a contract, the awarding person or entity and its authorized representatives shall verify the accuracy, correctness and completeness of the required information, and any discrepancies found in the spelling of names of bidders, transposition of license numbers, or other similar typographical errors or omissions may be corrected within forty-eight (48) hours after the bid opening excluding weekends and state-recognized holidays.
(d) No invitation to bid may require that any subcontractor be identified, listed or designated until the final bid submission by the prime contractor, or that any prime contractor accept the bid of any subcontractor until the final bid submission by the prime contractor. This subsection (d) shall apply only to design/bid/build procurements where cost is the primary criterion for the contract award.
(e) Any person or entity, public and private, awarding a bid to a contractor who is not licensed in accordance with this chapter shall be subject to the penalty provided in § 62-6-120(b) .
(f) Notwithstanding the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, relative to the amount of civil penalties that may be imposed, the board may impose a civil penalty not to exceed five thousand dollars ($5,000) for willful violation of this section.
Amended by 2014 Tenn. Acts, ch. 644, s 1, eff. 7/1/2014.
Acts 1976, ch. 822, § 20; T.C.A., § 62-620; Acts 1986, ch. 718, § 2; 1989, ch. 591, § 111; 1990, ch. 868, §§ 1, 2; 1991, ch. 247, § 1; 1994, ch. 986, § 13; 1995, ch. 341, § 1; 1997 , ch. 153, § 1; 2001, ch. 222, § 3; 2008 , ch. 792, §§ 1, 2; 2010 , ch. 768, §§ 1, 2; 2010 , ch. 801, § 1; 2011 , ch. 12, §§ 1, 2.
Tenn. Code Ann. § 62-26-208 — TN Code / Title 62 / Chapter 26 / Section 62-26-208
Commissioner - Investigation of applications - Issuance of license - Notification of denial - Identification card
Status: in_force

(a) (1) Upon receipt of an application for a license, accompanied by a nonrefundable, nonproratable application fee as set by the commissioner in accordance with subdivision (a)(2), the commissioner shall: (A) Conduct an investigation to determine whether the statements made in the application are true; (B) Request that the Tennessee bureau of investigation compare the fingerprints submitted with the application to fingerprints filed with the Tennessee bureau of investigation. On subsequent applications, the Tennessee bureau of investigation shall, at the request of the commissioner, review its criminal history files, based upon the name, date of birth, sex and race and social security number of an applicant whose fingerprints have previously been submitted to the bureau, for any new information since the date of the fingerprint comparison and shall furnish any information thereby derived to the commissioner; and (C) Submit the fingerprints to the federal bureau of investigation for a search of its files to determine whether the individual fingerprinted has any recorded convictions. (2) The nonrefundable, nonproratable application fees shall be set by the commissioner according to the following schedule: Private investigator license $ ______________ Company license Number of private investigators Employed by company Sole practitioner private investigator $ ______________ Two to five (2-5) employees $ ______________ Over five (5) employees $ ______________ (b) The commissioner shall issue a license, in a form that the commissioner prescribes, to qualified applicants upon receipt of a nonrefundable, nonproratable fee as set by the commissioner in accordance with the following schedule: Private investigator license $ ______________ Company license Number of private investigators Employed by company Sole practitioner private investigator $ ______________ Two to five (2-5) employees $ ______________ Over five (5) employees $ ______________ (c) If an application for a license is denied, the commissioner shall notify the applicant in writing and shall set forth the grounds for denial. If the grounds are subject to correction by the applicant, the notice of denial shall so state and specify a reasonable period of time within which the applicant must make the required correction. (d) The commissioner shall issue with every private investigator license an identification card that shall contain at least the following information: (1) Name; (2) Photograph; (3) Physical characteristics; (4) Private investigator license number; and (5) Expiration date of license. (e) The identification card shall be issued in a wallet-sized card and shall be permanently laminated. (f) The identification card shall be carried on the person of the licensee when engaged in the activities of the licensee. (g) An application shall be accompanied by a notarized statement sworn to by the applicant as to the identity and number of private investigators employed by or affiliated with the investigations company. Making a false statement shall be punishable by a civil penalty not to exceed one thousand dollars ($1,000) and assessment of the maximum application fee. Acts 1990, ch. 780, § 9; 1991, ch. 457, §§ 8-11; 1993, ch. 511, §§ 8-10.
(a) (1) Upon receipt of an application for a license, accompanied by a nonrefundable, nonproratable application fee as set by the commissioner in accordance with subdivision (a)(2), the commissioner shall: (A) Conduct an investigation to determine whether the statements made in the application are true; (B) Request that the Tennessee bureau of investigation compare the fingerprints submitted with the application to fingerprints filed with the Tennessee bureau of investigation. On subsequent applications, the Tennessee bureau of investigation shall, at the request of the commissioner, review its criminal history files, based upon the name, date of birth, sex and race and social security number of an applicant whose fingerprints have previously been submitted to the bureau, for any new information since the date of the fingerprint comparison and shall furnish any information thereby derived to the commissioner; and (C) Submit the fingerprints to the federal bureau of investigation for a search of its files to determine whether the individual fingerprinted has any recorded convictions. (2) The nonrefundable, nonproratable application fees shall be set by the commissioner according to the following schedule: Private investigator license $ ______________ Company license Number of private investigators Employed by company Sole practitioner private investigator $ ______________ Two to five (2-5) employees $ ______________ Over five (5) employees $ ______________
(1) Upon receipt of an application for a license, accompanied by a nonrefundable, nonproratable application fee as set by the commissioner in accordance with subdivision (a)(2), the commissioner shall: (A) Conduct an investigation to determine whether the statements made in the application are true; (B) Request that the Tennessee bureau of investigation compare the fingerprints submitted with the application to fingerprints filed with the Tennessee bureau of investigation. On subsequent applications, the Tennessee bureau of investigation shall, at the request of the commissioner, review its criminal history files, based upon the name, date of birth, sex and race and social security number of an applicant whose fingerprints have previously been submitted to the bureau, for any new information since the date of the fingerprint comparison and shall furnish any information thereby derived to the commissioner; and (C) Submit the fingerprints to the federal bureau of investigation for a search of its files to determine whether the individual fingerprinted has any recorded convictions.
(A) Conduct an investigation to determine whether the statements made in the application are true;
(B) Request that the Tennessee bureau of investigation compare the fingerprints submitted with the application to fingerprints filed with the Tennessee bureau of investigation. On subsequent applications, the Tennessee bureau of investigation shall, at the request of the commissioner, review its criminal history files, based upon the name, date of birth, sex and race and social security number of an applicant whose fingerprints have previously been submitted to the bureau, for any new information since the date of the fingerprint comparison and shall furnish any information thereby derived to the commissioner; and
(C) Submit the fingerprints to the federal bureau of investigation for a search of its files to determine whether the individual fingerprinted has any recorded convictions.
(2) The nonrefundable, nonproratable application fees shall be set by the commissioner according to the following schedule: Private investigator license $ ______________ Company license Number of private investigators Employed by company Sole practitioner private investigator $ ______________ Two to five (2-5) employees $ ______________ Over five (5) employees $ ______________
Private investigator license $ ______________
Company license
Number of private investigators
Employed by company
Sole practitioner private investigator $ ______________
Two to five (2-5) employees $ ______________
Over five (5) employees $ ______________
(b) The commissioner shall issue a license, in a form that the commissioner prescribes, to qualified applicants upon receipt of a nonrefundable, nonproratable fee as set by the commissioner in accordance with the following schedule: Private investigator license $ ______________ Company license Number of private investigators Employed by company Sole practitioner private investigator $ ______________ Two to five (2-5) employees $ ______________ Over five (5) employees $ ______________
Private investigator license $ ______________
Company license
Number of private investigators
Employed by company
Sole practitioner private investigator $ ______________
Two to five (2-5) employees $ ______________
Over five (5) employees $ ______________
(c) If an application for a license is denied, the commissioner shall notify the applicant in writing and shall set forth the grounds for denial. If the grounds are subject to correction by the applicant, the notice of denial shall so state and specify a reasonable period of time within which the applicant must make the required correction.
(d) The commissioner shall issue with every private investigator license an identification card that shall contain at least the following information: (1) Name; (2) Photograph; (3) Physical characteristics; (4) Private investigator license number; and (5) Expiration date of license.
(1) Name;
(2) Photograph;
(3) Physical characteristics;
(4) Private investigator license number; and
(5) Expiration date of license.
(e) The identification card shall be issued in a wallet-sized card and shall be permanently laminated.
(f) The identification card shall be carried on the person of the licensee when engaged in the activities of the licensee.
(g) An application shall be accompanied by a notarized statement sworn to by the applicant as to the identity and number of private investigators employed by or affiliated with the investigations company. Making a false statement shall be punishable by a civil penalty not to exceed one thousand dollars ($1,000) and assessment of the maximum application fee.
Acts 1990, ch. 780, § 9; 1991, ch. 457, §§ 8-11; 1993, ch. 511, §§ 8-10.
Tenn. Code Ann. § 62-36-122 — TN Code / Title 62 / Chapter 36 / Section 62-36-122
Violations - Penalties
Status: in_force

(a) A violation of this chapter is a Class B misdemeanor. (b) In addition to or in lieu of any other lawful disciplinary action under this chapter, the commissioner may assess a civil penalty not exceeding one thousand dollars ($1,000) per violation. All penalties owed under this chapter shall be paid to the department for deposit into the treasury of the state and shall accrue to the state and may be recovered in a civil action in the name of the state in any court of record in the county where the violation is alleged to have occurred. (c) Any civil penalty shall be assessed in the following manner: (1) A notice of the assessment shall be sent to the person receiving it by certified mail, return receipt requested; (2) Any person against whom an assessment has been issued may petition the commissioner for a review of the assessment; (3) The petition for review shall be in writing and shall be filed no later than thirty (30) days after the notice of assessment is received; (4) If a petition for review of the assessment is not filed within thirty (30) days after the date the notice is received, then the violator shall be deemed to have consented to the assessment and it shall become final; and (5) If a petition for review of the assessment is filed as provided by this section, then the proceedings on the appeal shall be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, with respect to the conduct of contested cases. Acts 2007, ch. 495, § 23.
(a) A violation of this chapter is a Class B misdemeanor.
(b) In addition to or in lieu of any other lawful disciplinary action under this chapter, the commissioner may assess a civil penalty not exceeding one thousand dollars ($1,000) per violation. All penalties owed under this chapter shall be paid to the department for deposit into the treasury of the state and shall accrue to the state and may be recovered in a civil action in the name of the state in any court of record in the county where the violation is alleged to have occurred.
(c) Any civil penalty shall be assessed in the following manner: (1) A notice of the assessment shall be sent to the person receiving it by certified mail, return receipt requested; (2) Any person against whom an assessment has been issued may petition the commissioner for a review of the assessment; (3) The petition for review shall be in writing and shall be filed no later than thirty (30) days after the notice of assessment is received; (4) If a petition for review of the assessment is not filed within thirty (30) days after the date the notice is received, then the violator shall be deemed to have consented to the assessment and it shall become final; and (5) If a petition for review of the assessment is filed as provided by this section, then the proceedings on the appeal shall be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, with respect to the conduct of contested cases.
(1) A notice of the assessment shall be sent to the person receiving it by certified mail, return receipt requested;
(2) Any person against whom an assessment has been issued may petition the commissioner for a review of the assessment;
(3) The petition for review shall be in writing and shall be filed no later than thirty (30) days after the notice of assessment is received;
(4) If a petition for review of the assessment is not filed within thirty (30) days after the date the notice is received, then the violator shall be deemed to have consented to the assessment and it shall become final; and
(5) If a petition for review of the assessment is filed as provided by this section, then the proceedings on the appeal shall be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, with respect to the conduct of contested cases.
Acts 2007, ch. 495, § 23.
Tenn. Code Ann. § 62-32-308 — TN Code / Title 62 / Chapter 32 / Section 62-32-308
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 294, s 24, eff. 7/1/2021. Amended by 2016 Tenn. Acts, ch. 614, s 3, eff. 3/22/2016. Acts 1991, ch. 400, § 8; 1996, ch. 848, § 5.
Repealed by 2021 Tenn. Acts, ch. 294, s 24, eff. 7/1/2021.
Amended by 2016 Tenn. Acts, ch. 614, s 3, eff. 3/22/2016.
Acts 1991, ch. 400, § 8; 1996, ch. 848, § 5.
Tenn. Code Ann. § 62-43-108 — TN Code / Title 62 / Chapter 43 / Section 62-43-108
Basis of co-employment relationship
Status: in_force

(a) (1) The co-employment relationship shall be based on a written professional employer agreement between the client and the professional employer organization setting forth the responsibilities and duties of each co-employer. The professional employer agreement shall disclose to the client the services to be rendered, including charges and fees, the respective rights and obligations of the parties and provide that the professional employer organization: (A) Reserves a right of direction and control over covered employees of the client; however, the client may retain sufficient direction and control over covered employees that is necessary to conduct the client's business and without which the client would be unable to conduct its business, discharge any fiduciary responsibility that it may have or comply with any applicable licensure, regulatory or statutory requirement of the client; (B) Pursuant to this section, assumes responsibility for the payment of wages of its covered employees, its payroll-related taxes and its employee benefits from its own accounts without regard to payments by the client to the professional employer organization; and (C) Retains a right to hire, terminate and discipline covered employees. (2) A professional employer organization shall give written notice of the general nature of the relationship between the professional employer organization and the client to each covered employee. (3) A professional employer organization shall be deemed an employer of its covered employees and shall pay wages to covered employees; withhold, collect, report and remit payroll-related and unemployment taxes; and, to the extent the professional employer organization has assumed responsibility in the professional employer agreement, make payments for employee benefits for covered employees. As used in this section, the term "wages" does not include any obligation between a client and a covered employee for payments beyond or in addition to the covered employee's salary, draw, or regular rate of pay, such as bonuses, commissions, severance pay, deferred compensation, profit sharing or vacation, sick or other paid time off pay, unless the professional employer organization has expressly agreed to assume liability for such payments in the professional employer agreement. (b) Except to the extent otherwise expressly provided by the applicable professional employer agreement: (1) A client shall be solely responsible for the quality, adequacy or safety of the goods or services produced or sold in client's business; (2) A client shall be solely responsible for directing, supervising, training and controlling the work of the covered employees with respect to the business activities of the client and solely responsible for the acts, errors or omissions of the covered employees with regard to such activities; (3) A client shall not be liable for the acts, errors, or omissions of a professional employer organization, or of any covered employee of the client and a professional employer organization when such covered employee is acting under the express direction and control of the professional employer organization; (4) A professional employer organization shall not be liable for the acts, errors, or omissions of a client or of any covered employee of the client when such covered employee is acting under the express direction and control of the client; (5) Nothing in this subsection (b) shall serve to limit any contractual liability or obligation specifically provided in the written professional employer agreement; and (6) A covered employee is not, solely as the result of being a covered employee of a professional employer organization, an employee of the professional employer organization for purposes of general liability insurance, fidelity bonds, surety bonds, employer's liability which is not covered by workers' compensation, or liquor liability insurance carried by the professional employer organization unless the covered employees are included by specific reference in the professional employer agreement and applicable prearranged employment contract, insurance contract or bond. (c) (1) A professional employer organization may sponsor and maintain employee benefit and welfare plans for the benefit of its covered employees. Any of those plans that are plans of insurance shall comply with the applicable provisions of the insurance laws of this state. The self-insured plans developed under this section are not subject to premium taxes. The department may promulgate rules regulating self-insured plans under this section. (2) An applicant or registrant shall disclose to the department, to each client company and to all eligible covered employees the following information relating to any benefit plan of insurance provided for the benefit of its covered employees: (A) The type of coverage and a copy of the insurance policy or certificate or summary plan description; (B) The identity of each insurer for each type of coverage; (C) The amount of benefits for each type of coverage and to whom or on whose behalf benefits will be paid; and (D) The policy limits on each insurance policy. (3) Nothing in this subsection (c) shall require a professional employer organization to provide comparable benefits to covered employees located at different clients. (4) The sale of professional employer services in conformance with this chapter shall not constitute the sale of insurance within the meaning of applicable state law. Acts 2012, ch. 1081, § 1.
(a) (1) The co-employment relationship shall be based on a written professional employer agreement between the client and the professional employer organization setting forth the responsibilities and duties of each co-employer. The professional employer agreement shall disclose to the client the services to be rendered, including charges and fees, the respective rights and obligations of the parties and provide that the professional employer organization: (A) Reserves a right of direction and control over covered employees of the client; however, the client may retain sufficient direction and control over covered employees that is necessary to conduct the client's business and without which the client would be unable to conduct its business, discharge any fiduciary responsibility that it may have or comply with any applicable licensure, regulatory or statutory requirement of the client; (B) Pursuant to this section, assumes responsibility for the payment of wages of its covered employees, its payroll-related taxes and its employee benefits from its own accounts without regard to payments by the client to the professional employer organization; and (C) Retains a right to hire, terminate and discipline covered employees. (2) A professional employer organization shall give written notice of the general nature of the relationship between the professional employer organization and the client to each covered employee. (3) A professional employer organization shall be deemed an employer of its covered employees and shall pay wages to covered employees; withhold, collect, report and remit payroll-related and unemployment taxes; and, to the extent the professional employer organization has assumed responsibility in the professional employer agreement, make payments for employee benefits for covered employees. As used in this section, the term "wages" does not include any obligation between a client and a covered employee for payments beyond or in addition to the covered employee's salary, draw, or regular rate of pay, such as bonuses, commissions, severance pay, deferred compensation, profit sharing or vacation, sick or other paid time off pay, unless the professional employer organization has expressly agreed to assume liability for such payments in the professional employer agreement.
(1) The co-employment relationship shall be based on a written professional employer agreement between the client and the professional employer organization setting forth the responsibilities and duties of each co-employer. The professional employer agreement shall disclose to the client the services to be rendered, including charges and fees, the respective rights and obligations of the parties and provide that the professional employer organization: (A) Reserves a right of direction and control over covered employees of the client; however, the client may retain sufficient direction and control over covered employees that is necessary to conduct the client's business and without which the client would be unable to conduct its business, discharge any fiduciary responsibility that it may have or comply with any applicable licensure, regulatory or statutory requirement of the client; (B) Pursuant to this section, assumes responsibility for the payment of wages of its covered employees, its payroll-related taxes and its employee benefits from its own accounts without regard to payments by the client to the professional employer organization; and (C) Retains a right to hire, terminate and discipline covered employees.
(A) Reserves a right of direction and control over covered employees of the client; however, the client may retain sufficient direction and control over covered employees that is necessary to conduct the client's business and without which the client would be unable to conduct its business, discharge any fiduciary responsibility that it may have or comply with any applicable licensure, regulatory or statutory requirement of the client;
(B) Pursuant to this section, assumes responsibility for the payment of wages of its covered employees, its payroll-related taxes and its employee benefits from its own accounts without regard to payments by the client to the professional employer organization; and
(C) Retains a right to hire, terminate and discipline covered employees.
(2) A professional employer organization shall give written notice of the general nature of the relationship between the professional employer organization and the client to each covered employee.
(3) A professional employer organization shall be deemed an employer of its covered employees and shall pay wages to covered employees; withhold, collect, report and remit payroll-related and unemployment taxes; and, to the extent the professional employer organization has assumed responsibility in the professional employer agreement, make payments for employee benefits for covered employees. As used in this section, the term "wages" does not include any obligation between a client and a covered employee for payments beyond or in addition to the covered employee's salary, draw, or regular rate of pay, such as bonuses, commissions, severance pay, deferred compensation, profit sharing or vacation, sick or other paid time off pay, unless the professional employer organization has expressly agreed to assume liability for such payments in the professional employer agreement.
(b) Except to the extent otherwise expressly provided by the applicable professional employer agreement: (1) A client shall be solely responsible for the quality, adequacy or safety of the goods or services produced or sold in client's business; (2) A client shall be solely responsible for directing, supervising, training and controlling the work of the covered employees with respect to the business activities of the client and solely responsible for the acts, errors or omissions of the covered employees with regard to such activities; (3) A client shall not be liable for the acts, errors, or omissions of a professional employer organization, or of any covered employee of the client and a professional employer organization when such covered employee is acting under the express direction and control of the professional employer organization; (4) A professional employer organization shall not be liable for the acts, errors, or omissions of a client or of any covered employee of the client when such covered employee is acting under the express direction and control of the client; (5) Nothing in this subsection (b) shall serve to limit any contractual liability or obligation specifically provided in the written professional employer agreement; and (6) A covered employee is not, solely as the result of being a covered employee of a professional employer organization, an employee of the professional employer organization for purposes of general liability insurance, fidelity bonds, surety bonds, employer's liability which is not covered by workers' compensation, or liquor liability insurance carried by the professional employer organization unless the covered employees are included by specific reference in the professional employer agreement and applicable prearranged employment contract, insurance contract or bond.
(1) A client shall be solely responsible for the quality, adequacy or safety of the goods or services produced or sold in client's business;
(2) A client shall be solely responsible for directing, supervising, training and controlling the work of the covered employees with respect to the business activities of the client and solely responsible for the acts, errors or omissions of the covered employees with regard to such activities;
(3) A client shall not be liable for the acts, errors, or omissions of a professional employer organization, or of any covered employee of the client and a professional employer organization when such covered employee is acting under the express direction and control of the professional employer organization;
(4) A professional employer organization shall not be liable for the acts, errors, or omissions of a client or of any covered employee of the client when such covered employee is acting under the express direction and control of the client;
(5) Nothing in this subsection (b) shall serve to limit any contractual liability or obligation specifically provided in the written professional employer agreement; and
(6) A covered employee is not, solely as the result of being a covered employee of a professional employer organization, an employee of the professional employer organization for purposes of general liability insurance, fidelity bonds, surety bonds, employer's liability which is not covered by workers' compensation, or liquor liability insurance carried by the professional employer organization unless the covered employees are included by specific reference in the professional employer agreement and applicable prearranged employment contract, insurance contract or bond.
(c) (1) A professional employer organization may sponsor and maintain employee benefit and welfare plans for the benefit of its covered employees. Any of those plans that are plans of insurance shall comply with the applicable provisions of the insurance laws of this state. The self-insured plans developed under this section are not subject to premium taxes. The department may promulgate rules regulating self-insured plans under this section. (2) An applicant or registrant shall disclose to the department, to each client company and to all eligible covered employees the following information relating to any benefit plan of insurance provided for the benefit of its covered employees: (A) The type of coverage and a copy of the insurance policy or certificate or summary plan description; (B) The identity of each insurer for each type of coverage; (C) The amount of benefits for each type of coverage and to whom or on whose behalf benefits will be paid; and (D) The policy limits on each insurance policy. (3) Nothing in this subsection (c) shall require a professional employer organization to provide comparable benefits to covered employees located at different clients. (4) The sale of professional employer services in conformance with this chapter shall not constitute the sale of insurance within the meaning of applicable state law.
(1) A professional employer organization may sponsor and maintain employee benefit and welfare plans for the benefit of its covered employees. Any of those plans that are plans of insurance shall comply with the applicable provisions of the insurance laws of this state. The self-insured plans developed under this section are not subject to premium taxes. The department may promulgate rules regulating self-insured plans under this section.
(2) An applicant or registrant shall disclose to the department, to each client company and to all eligible covered employees the following information relating to any benefit plan of insurance provided for the benefit of its covered employees: (A) The type of coverage and a copy of the insurance policy or certificate or summary plan description; (B) The identity of each insurer for each type of coverage; (C) The amount of benefits for each type of coverage and to whom or on whose behalf benefits will be paid; and (D) The policy limits on each insurance policy.
(A) The type of coverage and a copy of the insurance policy or certificate or summary plan description;
(B) The identity of each insurer for each type of coverage;
(C) The amount of benefits for each type of coverage and to whom or on whose behalf benefits will be paid; and
(D) The policy limits on each insurance policy.
(3) Nothing in this subsection (c) shall require a professional employer organization to provide comparable benefits to covered employees located at different clients.
(4) The sale of professional employer services in conformance with this chapter shall not constitute the sale of insurance within the meaning of applicable state law.
Acts 2012, ch. 1081, § 1.
Tenn. Code Ann. § 62-38-309 — TN Code / Title 62 / Chapter 38 / Section 62-38-309
Application for commissioner's approval - Requirements - Inspections - Renewals - Temporary permits
Status: in_force

(a) No person shall operate a business offering body piercing services without first obtaining approval of the commissioner. (b) Persons seeking approval to operate a business offering body piercing services shall apply to the commissioner on forms provided by the department. An applicant shall submit all applicable fees and information required by the department for processing the application. Information required by the department shall include, but not be limited to, the following: (1) If the operator is an individual, the operator's name, personal address, personal telephone number, business address, business telephone number and the operator's occupation; (2) A statement attesting that the operator intends to comply with all requirements of this part and the rules promulgated pursuant to this part; (3) Plans and specifications of the place of business to clearly show that applicable provisions of the rules promulgated pursuant to this part are met, such plans and specifications to include, but not be limited to, the following: (A) The total area to be used for the business; (B) All entrances and exits; (C) Number, location and types of plumbing fixtures, including all water supply facilities; (D) A lighting plan; (E) A floor plan showing the general layout of fixtures, equipment and body piercing stations; and (F) A listing of all equipment to be used for body piercing procedures; (4) Evidence that the operator shall perform the following functions: (A) The operator shall maintain procedures ensuring that all technicians performing body piercing on the business premises have received appropriate training in body piercing; (B) The operator shall maintain procedures ensuring that all technicians performing body piercing services for the business shall have received training, as evidenced by records of completion of courses or seminars provided by licensed physicians, registered nurses, organizations such as the American Red Cross, accredited learning institutions, appropriate governmental entities or other authorities recognized by the commissioner as being qualified to provide training in the following categories: (i) First aid; (ii) Safety and sanitation requirements for preventing transmission of infectious diseases; (iii) Universal precautions against blood borne pathogens; (iv) Appropriate piercing aftercare; and (v) Any other training deemed appropriate by the commissioner; (C) The operator shall maintain written records of equipment utilized by the business, including manufacturers, model numbers and dates of acquisition or purchase; (D) The operator shall maintain procedures ensuring that technicians performing body piercing services on the business premises shall disinfect and sterilize all nondisposable equipment or parts of equipment used in performing procedures, as well as properly dispose of disposable items used in the procedures; (E) The operator shall maintain procedures ensuring the performance of weekly biological monitoring tests of the business's heat sterilization devices to include the following: (i) Maintenance of a log of all tests performed, the date of each test and the name of the person or independent testing entity performing the test; (ii) Procedures for remedial action on the part of the operator to assure compliance with all sterilization requirements in the event a test indicates a heat sterilization device is not functioning properly; and (iii) Any other tests deemed appropriate by the commissioner; (F) The operator shall maintain records of each test performed and the results of each test for at least two (2) years and shall make the test records available to the commissioner upon request during normal business hours; and (G) The operator shall maintain procedures ensuring the general health and safety of all individuals employed by the business; (5) The operator shall identify any previous, current or similar approvals held by the operator for body piercing services in this state or any other state; (6) The operator shall provide evidence and documentation of all applicable fee payments, inspections and approvals; and (7) The operator shall make inquiry with each patron as to whether the patron is under the influence of drugs or alcohol, and the patron must state in writing that the patron is not under the influence of drugs or alcohol before any body piercing procedure may be performed. (c) The commissioner shall conduct at least one (1) inspection of a business prior to approving it and before a permit is issued. The commissioner may conduct additional inspections as deemed necessary for approval purposes. (d) Licenses and permits shall be valid for up to one (1) year; however, all licenses and permits shall expire on December 31 following the date of issuance. (e) The operator shall give the commissioner access to the business premises and to all records required by this part that are deemed relevant by the commissioner for the purpose of making an inspection. All records shall be entered in ink or other permanent form and shall be made available to the commissioner upon request at any time during normal business hours of operation. (f) A permit is not transferable. Any permanent change in location or change in ownership to any degree shall necessitate the operator's applying for a new permit with payment of all fees established by the commissioner. (g) The department shall approve any such business for the purposes of operating on a time-limited basis in conjunction with a specific event. Time-limited body piercing establishments may be permitted at such events as fairs and other time-limited gatherings, if the commissioner determines that the body piercing operator meets the provisions contained in this part and the rules promulgated by the department. For the purpose of approval, the following shall occur: (1) A permitted body piercing establishment may set up temporary locations, including, but not limited to, body piercing conventions, at a place other than a body piercing establishment only with the approval of the commissioner for a period not to exceed ten (10) days; provided, that each technician not previously licensed with the Tennessee department of health shall obtain a license prior to performing body piercing at a temporary location; (2) Temporary facilities shall be held to the same sanitary standards as those required of body piercing establishments; (3) Temporary facility permits shall be issued by the commissioner and shall not be transferable or renewable; (4) A temporary body piercing technician license shall not be issued for more than fourteen (14) days. The operator of the related establishment shall also sign for the temporary license from the department, and all body piercing shall be under the auspices of the body piercing establishment operator and shall be in compliance with this part. Technicians may perform body piercing if a copy of the temporary permit and the temporary technician license are on display at the temporary site. The sterilization course, written examination and work experience requirements may be waived by the commissioner for a temporary license; (5) The applicant or operator shall submit all applicable fees and information the department determines necessary to process the application. The department shall take into consideration the department's costs associated with carrying out this subsection (g) when determining the appropriate fee. (h) The permit of a business may be renewed annually by the department. Renewal shall occur following an annual inspection, assurance that all conditions set forth in this part, as well as the rules, are met and the payment of all fees set by the commissioner has been received. Acts 2001, ch. 336, § 10.
(a) No person shall operate a business offering body piercing services without first obtaining approval of the commissioner.
(b) Persons seeking approval to operate a business offering body piercing services shall apply to the commissioner on forms provided by the department. An applicant shall submit all applicable fees and information required by the department for processing the application. Information required by the department shall include, but not be limited to, the following: (1) If the operator is an individual, the operator's name, personal address, personal telephone number, business address, business telephone number and the operator's occupation; (2) A statement attesting that the operator intends to comply with all requirements of this part and the rules promulgated pursuant to this part; (3) Plans and specifications of the place of business to clearly show that applicable provisions of the rules promulgated pursuant to this part are met, such plans and specifications to include, but not be limited to, the following: (A) The total area to be used for the business; (B) All entrances and exits; (C) Number, location and types of plumbing fixtures, including all water supply facilities; (D) A lighting plan; (E) A floor plan showing the general layout of fixtures, equipment and body piercing stations; and (F) A listing of all equipment to be used for body piercing procedures; (4) Evidence that the operator shall perform the following functions: (A) The operator shall maintain procedures ensuring that all technicians performing body piercing on the business premises have received appropriate training in body piercing; (B) The operator shall maintain procedures ensuring that all technicians performing body piercing services for the business shall have received training, as evidenced by records of completion of courses or seminars provided by licensed physicians, registered nurses, organizations such as the American Red Cross, accredited learning institutions, appropriate governmental entities or other authorities recognized by the commissioner as being qualified to provide training in the following categories: (i) First aid; (ii) Safety and sanitation requirements for preventing transmission of infectious diseases; (iii) Universal precautions against blood borne pathogens; (iv) Appropriate piercing aftercare; and (v) Any other training deemed appropriate by the commissioner; (C) The operator shall maintain written records of equipment utilized by the business, including manufacturers, model numbers and dates of acquisition or purchase; (D) The operator shall maintain procedures ensuring that technicians performing body piercing services on the business premises shall disinfect and sterilize all nondisposable equipment or parts of equipment used in performing procedures, as well as properly dispose of disposable items used in the procedures; (E) The operator shall maintain procedures ensuring the performance of weekly biological monitoring tests of the business's heat sterilization devices to include the following: (i) Maintenance of a log of all tests performed, the date of each test and the name of the person or independent testing entity performing the test; (ii) Procedures for remedial action on the part of the operator to assure compliance with all sterilization requirements in the event a test indicates a heat sterilization device is not functioning properly; and (iii) Any other tests deemed appropriate by the commissioner; (F) The operator shall maintain records of each test performed and the results of each test for at least two (2) years and shall make the test records available to the commissioner upon request during normal business hours; and (G) The operator shall maintain procedures ensuring the general health and safety of all individuals employed by the business; (5) The operator shall identify any previous, current or similar approvals held by the operator for body piercing services in this state or any other state; (6) The operator shall provide evidence and documentation of all applicable fee payments, inspections and approvals; and (7) The operator shall make inquiry with each patron as to whether the patron is under the influence of drugs or alcohol, and the patron must state in writing that the patron is not under the influence of drugs or alcohol before any body piercing procedure may be performed.
(1) If the operator is an individual, the operator's name, personal address, personal telephone number, business address, business telephone number and the operator's occupation;
(2) A statement attesting that the operator intends to comply with all requirements of this part and the rules promulgated pursuant to this part;
(3) Plans and specifications of the place of business to clearly show that applicable provisions of the rules promulgated pursuant to this part are met, such plans and specifications to include, but not be limited to, the following: (A) The total area to be used for the business; (B) All entrances and exits; (C) Number, location and types of plumbing fixtures, including all water supply facilities; (D) A lighting plan; (E) A floor plan showing the general layout of fixtures, equipment and body piercing stations; and (F) A listing of all equipment to be used for body piercing procedures;
(A) The total area to be used for the business;
(B) All entrances and exits;
(C) Number, location and types of plumbing fixtures, including all water supply facilities;
(D) A lighting plan;
(E) A floor plan showing the general layout of fixtures, equipment and body piercing stations; and
(F) A listing of all equipment to be used for body piercing procedures;
(4) Evidence that the operator shall perform the following functions: (A) The operator shall maintain procedures ensuring that all technicians performing body piercing on the business premises have received appropriate training in body piercing; (B) The operator shall maintain procedures ensuring that all technicians performing body piercing services for the business shall have received training, as evidenced by records of completion of courses or seminars provided by licensed physicians, registered nurses, organizations such as the American Red Cross, accredited learning institutions, appropriate governmental entities or other authorities recognized by the commissioner as being qualified to provide training in the following categories: (i) First aid; (ii) Safety and sanitation requirements for preventing transmission of infectious diseases; (iii) Universal precautions against blood borne pathogens; (iv) Appropriate piercing aftercare; and (v) Any other training deemed appropriate by the commissioner; (C) The operator shall maintain written records of equipment utilized by the business, including manufacturers, model numbers and dates of acquisition or purchase; (D) The operator shall maintain procedures ensuring that technicians performing body piercing services on the business premises shall disinfect and sterilize all nondisposable equipment or parts of equipment used in performing procedures, as well as properly dispose of disposable items used in the procedures; (E) The operator shall maintain procedures ensuring the performance of weekly biological monitoring tests of the business's heat sterilization devices to include the following: (i) Maintenance of a log of all tests performed, the date of each test and the name of the person or independent testing entity performing the test; (ii) Procedures for remedial action on the part of the operator to assure compliance with all sterilization requirements in the event a test indicates a heat sterilization device is not functioning properly; and (iii) Any other tests deemed appropriate by the commissioner; (F) The operator shall maintain records of each test performed and the results of each test for at least two (2) years and shall make the test records available to the commissioner upon request during normal business hours; and (G) The operator shall maintain procedures ensuring the general health and safety of all individuals employed by the business;
(A) The operator shall maintain procedures ensuring that all technicians performing body piercing on the business premises have received appropriate training in body piercing;
(B) The operator shall maintain procedures ensuring that all technicians performing body piercing services for the business shall have received training, as evidenced by records of completion of courses or seminars provided by licensed physicians, registered nurses, organizations such as the American Red Cross, accredited learning institutions, appropriate governmental entities or other authorities recognized by the commissioner as being qualified to provide training in the following categories: (i) First aid; (ii) Safety and sanitation requirements for preventing transmission of infectious diseases; (iii) Universal precautions against blood borne pathogens; (iv) Appropriate piercing aftercare; and (v) Any other training deemed appropriate by the commissioner;
(i) First aid;
(ii) Safety and sanitation requirements for preventing transmission of infectious diseases;
(iii) Universal precautions against blood borne pathogens;
(iv) Appropriate piercing aftercare; and
(v) Any other training deemed appropriate by the commissioner;
(C) The operator shall maintain written records of equipment utilized by the business, including manufacturers, model numbers and dates of acquisition or purchase;
(D) The operator shall maintain procedures ensuring that technicians performing body piercing services on the business premises shall disinfect and sterilize all nondisposable equipment or parts of equipment used in performing procedures, as well as properly dispose of disposable items used in the procedures;
(E) The operator shall maintain procedures ensuring the performance of weekly biological monitoring tests of the business's heat sterilization devices to include the following: (i) Maintenance of a log of all tests performed, the date of each test and the name of the person or independent testing entity performing the test; (ii) Procedures for remedial action on the part of the operator to assure compliance with all sterilization requirements in the event a test indicates a heat sterilization device is not functioning properly; and (iii) Any other tests deemed appropriate by the commissioner;
(i) Maintenance of a log of all tests performed, the date of each test and the name of the person or independent testing entity performing the test;
(ii) Procedures for remedial action on the part of the operator to assure compliance with all sterilization requirements in the event a test indicates a heat sterilization device is not functioning properly; and
(iii) Any other tests deemed appropriate by the commissioner;
(F) The operator shall maintain records of each test performed and the results of each test for at least two (2) years and shall make the test records available to the commissioner upon request during normal business hours; and
(G) The operator shall maintain procedures ensuring the general health and safety of all individuals employed by the business;
(5) The operator shall identify any previous, current or similar approvals held by the operator for body piercing services in this state or any other state;
(6) The operator shall provide evidence and documentation of all applicable fee payments, inspections and approvals; and
(7) The operator shall make inquiry with each patron as to whether the patron is under the influence of drugs or alcohol, and the patron must state in writing that the patron is not under the influence of drugs or alcohol before any body piercing procedure may be performed.
(c) The commissioner shall conduct at least one (1) inspection of a business prior to approving it and before a permit is issued. The commissioner may conduct additional inspections as deemed necessary for approval purposes.
(d) Licenses and permits shall be valid for up to one (1) year; however, all licenses and permits shall expire on December 31 following the date of issuance.
(e) The operator shall give the commissioner access to the business premises and to all records required by this part that are deemed relevant by the commissioner for the purpose of making an inspection. All records shall be entered in ink or other permanent form and shall be made available to the commissioner upon request at any time during normal business hours of operation.
(f) A permit is not transferable. Any permanent change in location or change in ownership to any degree shall necessitate the operator's applying for a new permit with payment of all fees established by the commissioner.
(g) The department shall approve any such business for the purposes of operating on a time-limited basis in conjunction with a specific event. Time-limited body piercing establishments may be permitted at such events as fairs and other time-limited gatherings, if the commissioner determines that the body piercing operator meets the provisions contained in this part and the rules promulgated by the department. For the purpose of approval, the following shall occur: (1) A permitted body piercing establishment may set up temporary locations, including, but not limited to, body piercing conventions, at a place other than a body piercing establishment only with the approval of the commissioner for a period not to exceed ten (10) days; provided, that each technician not previously licensed with the Tennessee department of health shall obtain a license prior to performing body piercing at a temporary location; (2) Temporary facilities shall be held to the same sanitary standards as those required of body piercing establishments; (3) Temporary facility permits shall be issued by the commissioner and shall not be transferable or renewable; (4) A temporary body piercing technician license shall not be issued for more than fourteen (14) days. The operator of the related establishment shall also sign for the temporary license from the department, and all body piercing shall be under the auspices of the body piercing establishment operator and shall be in compliance with this part. Technicians may perform body piercing if a copy of the temporary permit and the temporary technician license are on display at the temporary site. The sterilization course, written examination and work experience requirements may be waived by the commissioner for a temporary license; (5) The applicant or operator shall submit all applicable fees and information the department determines necessary to process the application. The department shall take into consideration the department's costs associated with carrying out this subsection (g) when determining the appropriate fee.
(1) A permitted body piercing establishment may set up temporary locations, including, but not limited to, body piercing conventions, at a place other than a body piercing establishment only with the approval of the commissioner for a period not to exceed ten (10) days; provided, that each technician not previously licensed with the Tennessee department of health shall obtain a license prior to performing body piercing at a temporary location;
(2) Temporary facilities shall be held to the same sanitary standards as those required of body piercing establishments;
(3) Temporary facility permits shall be issued by the commissioner and shall not be transferable or renewable;
(4) A temporary body piercing technician license shall not be issued for more than fourteen (14) days. The operator of the related establishment shall also sign for the temporary license from the department, and all body piercing shall be under the auspices of the body piercing establishment operator and shall be in compliance with this part. Technicians may perform body piercing if a copy of the temporary permit and the temporary technician license are on display at the temporary site. The sterilization course, written examination and work experience requirements may be waived by the commissioner for a temporary license;
(5) The applicant or operator shall submit all applicable fees and information the department determines necessary to process the application. The department shall take into consideration the department's costs associated with carrying out this subsection (g) when determining the appropriate fee.
(h) The permit of a business may be renewed annually by the department. Renewal shall occur following an annual inspection, assurance that all conditions set forth in this part, as well as the rules, are met and the payment of all fees set by the commissioner has been received.
Acts 2001, ch. 336, § 10.
Tenn. Code Ann. § 62-35-118 — TN Code / Title 62 / Chapter 35 / Section 62-35-118
Registration cards - Training and examination of applicants
Status: in_force

(a) (1) (A) Within fifteen (15) days of employment: (i) An unarmed security guard or security officer applicant must complete general training and pass an examination; and (ii) An armed security guard or security officer applicant must complete general training, pass an examination, and complete the training in subsection (b) within sixty (60) days of employment. (B) Notwithstanding subdivision (a)(1)(A): (i) An individual shall not be posted as an unarmed security guard at or in a public school, public charter school, private school, or church-related school, or act as an unarmed security guard at or in a public school, public charter school, private school, or church-related school unless the individual has completed the requirements of subdivision (a)(2)(A) before being posted; and (ii) An individual shall not be posted as an armed security guard at or in a public school, public charter school, private school, or church-related school, or act as an armed security guard at or in a public school, public charter school, private school, or church-related school, unless the individual has completed the requirements of subdivision (a)(2)(A) and subsections (b) and (e) before being posted. (2) (A) An unarmed security guard/officer applicant or an armed security guard/officer applicant shall complete at least four (4) hours of general training administered by a certified trainer and pass an examination, covering, at a minimum, the following subjects: (i) Orientation: one (1) hour; (ii) Legal powers and limitations of a security guard/officer: one (1) hour; (iii) Emergency procedures: one (1) hour; and (iv) General duties: one (1) hour. (B) Within fifteen (15) days of employment, an unarmed security guard/officer, or an armed security guard/officer, who is employed by a proprietary security organization that holds a license or permit for on-premises consumption from the alcoholic beverage commission or a beer board, or is employed by a contract security company for the purposes of performing security guard and patrol services at a commercial establishment that holds a license or permit for on-premises consumption from the alcoholic beverage commission or a beer board, shall: (i) Complete training in de-escalation techniques and proper and safe restraint techniques; and (ii) Complete a first aid and cardiopulmonary resuscitation (CPR) training course. (3) For applicants for private security guard/officer registration who will carry a club, stun gun, chemical spray, night stick or other less than lethal device, the commissioner shall require appropriate training specific to the device by a certified trainer who is certified to instruct for the specific device. It shall be the employers' responsibility to keep training records of their employees for each specific device. The security guard/officer shall also have in the person's possession a certification card issued by an instructor/trainer who is certified to instruct/train in the legal use of the specific device and shall exhibit the card upon demand by the commissioner, the commissioner's duly authorized agent or any full-time law enforcement officer. (b) If applying for an armed security guard/officer registration card, before being issued a firearm, the applicant must also: (1) Complete at least eight (8) additional classroom hours of firearms training administered by a certified trainer and pass an examination covering at least the following subjects: (A) Legal limitations of the use of a firearm; (B) Handling of a firearm; and (C) Safety and maintenance; and (2) Complete at least four (4) hours of marksmanship training administered by a certified trainer, and achieve a minimum of seventy percent (70%) on any silhouette target course approved by the commissioner. (c) A certified trainer shall submit a statement to the commissioner certifying that an applicant has satisfactorily completed the required training within fifteen (15) days of training. (d) (1) The requirements of subsection (a) do not apply to those applicants for registration as unarmed security guards/officers who have at least one (1) year of experience as a security guard/officer as of July 1, 1988, or who have had no less than four (4) hours of training equivalent to that required in subsection (a) in the year prior to filing the application. (2) The requirements of subsection (b) do not apply to those applicants for registration as armed security guards/officers who have had no less than twelve (12) hours of training equivalent to that required in subsection (b) in the year prior to filing the application. (3) The requirements of subsections (a) and (b) do not apply to an applicant for registration who is a sworn peace officer and certified by the police officer standards and training commission. The commissioner may issue a temporary registration card to the officer upon the commissioner's verification of the officer's certification. (4) The requirements of subsection (a) do not apply to an applicant for registration who is a state or local correctional officer or jailer; provided, that the state officer has successfully completed the appropriate basic training required by § 41-1-116 and is current on all annual refresher courses required by § 41-1-116 and the local officer or jailer has successfully completed comparable basic training and annual in-service training courses. The commissioner may issue a temporary registration card to the officer upon the commissioner's verification that the officer meets the requirements of this subdivision (d)(4). (e) Before providing security or patrol services at or in a public school, public charter school, private school, or church-related school, an armed security guard or security officer applicant must complete an active-shooter training. The training required under this subsection (e) must be no less than eight (8) hours in duration and must be completed by each armed security guard or officer providing security or patrol services at or in a public school, public charter school, private school, or church-related school, regardless of whether the armed security guard or officer is employed by a public school public charter school, private school, church-related school, or a contract security company. Amended by 2023 Tenn. Acts, ch. 367, s 22, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 367, s 21, eff. 7/1/2023. Amended by 2022 Tenn. Acts, ch. 1121, s 3, eff. 1/1/2023. Amended by 2020 Tenn. Acts, ch. 580, s 13, eff. 7/1/2020. Amended by 2020 Tenn. Acts, ch. 580, s 12, eff. 7/1/2020. Acts 1987, ch. 436, § 18; 1988, ch. 987, §§ 5-7; 1993, ch. 200, §3; 1995, ch. 249, §1; 1996, ch. 1009, §4; 1997 , ch. 369, § 1; 2004, ch. 661, § 1; 2006, ch. 1013, §§ 1, 2.
(a) (1) (A) Within fifteen (15) days of employment: (i) An unarmed security guard or security officer applicant must complete general training and pass an examination; and (ii) An armed security guard or security officer applicant must complete general training, pass an examination, and complete the training in subsection (b) within sixty (60) days of employment. (B) Notwithstanding subdivision (a)(1)(A): (i) An individual shall not be posted as an unarmed security guard at or in a public school, public charter school, private school, or church-related school, or act as an unarmed security guard at or in a public school, public charter school, private school, or church-related school unless the individual has completed the requirements of subdivision (a)(2)(A) before being posted; and (ii) An individual shall not be posted as an armed security guard at or in a public school, public charter school, private school, or church-related school, or act as an armed security guard at or in a public school, public charter school, private school, or church-related school, unless the individual has completed the requirements of subdivision (a)(2)(A) and subsections (b) and (e) before being posted. (2) (A) An unarmed security guard/officer applicant or an armed security guard/officer applicant shall complete at least four (4) hours of general training administered by a certified trainer and pass an examination, covering, at a minimum, the following subjects: (i) Orientation: one (1) hour; (ii) Legal powers and limitations of a security guard/officer: one (1) hour; (iii) Emergency procedures: one (1) hour; and (iv) General duties: one (1) hour. (B) Within fifteen (15) days of employment, an unarmed security guard/officer, or an armed security guard/officer, who is employed by a proprietary security organization that holds a license or permit for on-premises consumption from the alcoholic beverage commission or a beer board, or is employed by a contract security company for the purposes of performing security guard and patrol services at a commercial establishment that holds a license or permit for on-premises consumption from the alcoholic beverage commission or a beer board, shall: (i) Complete training in de-escalation techniques and proper and safe restraint techniques; and (ii) Complete a first aid and cardiopulmonary resuscitation (CPR) training course. (3) For applicants for private security guard/officer registration who will carry a club, stun gun, chemical spray, night stick or other less than lethal device, the commissioner shall require appropriate training specific to the device by a certified trainer who is certified to instruct for the specific device. It shall be the employers' responsibility to keep training records of their employees for each specific device. The security guard/officer shall also have in the person's possession a certification card issued by an instructor/trainer who is certified to instruct/train in the legal use of the specific device and shall exhibit the card upon demand by the commissioner, the commissioner's duly authorized agent or any full-time law enforcement officer.
(1) (A) Within fifteen (15) days of employment: (i) An unarmed security guard or security officer applicant must complete general training and pass an examination; and (ii) An armed security guard or security officer applicant must complete general training, pass an examination, and complete the training in subsection (b) within sixty (60) days of employment. (B) Notwithstanding subdivision (a)(1)(A): (i) An individual shall not be posted as an unarmed security guard at or in a public school, public charter school, private school, or church-related school, or act as an unarmed security guard at or in a public school, public charter school, private school, or church-related school unless the individual has completed the requirements of subdivision (a)(2)(A) before being posted; and (ii) An individual shall not be posted as an armed security guard at or in a public school, public charter school, private school, or church-related school, or act as an armed security guard at or in a public school, public charter school, private school, or church-related school, unless the individual has completed the requirements of subdivision (a)(2)(A) and subsections (b) and (e) before being posted.
(A) Within fifteen (15) days of employment: (i) An unarmed security guard or security officer applicant must complete general training and pass an examination; and (ii) An armed security guard or security officer applicant must complete general training, pass an examination, and complete the training in subsection (b) within sixty (60) days of employment.
(i) An unarmed security guard or security officer applicant must complete general training and pass an examination; and
(ii) An armed security guard or security officer applicant must complete general training, pass an examination, and complete the training in subsection (b) within sixty (60) days of employment.
(B) Notwithstanding subdivision (a)(1)(A): (i) An individual shall not be posted as an unarmed security guard at or in a public school, public charter school, private school, or church-related school, or act as an unarmed security guard at or in a public school, public charter school, private school, or church-related school unless the individual has completed the requirements of subdivision (a)(2)(A) before being posted; and (ii) An individual shall not be posted as an armed security guard at or in a public school, public charter school, private school, or church-related school, or act as an armed security guard at or in a public school, public charter school, private school, or church-related school, unless the individual has completed the requirements of subdivision (a)(2)(A) and subsections (b) and (e) before being posted.
(i) An individual shall not be posted as an unarmed security guard at or in a public school, public charter school, private school, or church-related school, or act as an unarmed security guard at or in a public school, public charter school, private school, or church-related school unless the individual has completed the requirements of subdivision (a)(2)(A) before being posted; and
(ii) An individual shall not be posted as an armed security guard at or in a public school, public charter school, private school, or church-related school, or act as an armed security guard at or in a public school, public charter school, private school, or church-related school, unless the individual has completed the requirements of subdivision (a)(2)(A) and subsections (b) and (e) before being posted.
(2) (A) An unarmed security guard/officer applicant or an armed security guard/officer applicant shall complete at least four (4) hours of general training administered by a certified trainer and pass an examination, covering, at a minimum, the following subjects: (i) Orientation: one (1) hour; (ii) Legal powers and limitations of a security guard/officer: one (1) hour; (iii) Emergency procedures: one (1) hour; and (iv) General duties: one (1) hour. (B) Within fifteen (15) days of employment, an unarmed security guard/officer, or an armed security guard/officer, who is employed by a proprietary security organization that holds a license or permit for on-premises consumption from the alcoholic beverage commission or a beer board, or is employed by a contract security company for the purposes of performing security guard and patrol services at a commercial establishment that holds a license or permit for on-premises consumption from the alcoholic beverage commission or a beer board, shall: (i) Complete training in de-escalation techniques and proper and safe restraint techniques; and (ii) Complete a first aid and cardiopulmonary resuscitation (CPR) training course.
(A) An unarmed security guard/officer applicant or an armed security guard/officer applicant shall complete at least four (4) hours of general training administered by a certified trainer and pass an examination, covering, at a minimum, the following subjects: (i) Orientation: one (1) hour; (ii) Legal powers and limitations of a security guard/officer: one (1) hour; (iii) Emergency procedures: one (1) hour; and (iv) General duties: one (1) hour.
(i) Orientation: one (1) hour;
(ii) Legal powers and limitations of a security guard/officer: one (1) hour;
(iii) Emergency procedures: one (1) hour; and
(iv) General duties: one (1) hour.
(B) Within fifteen (15) days of employment, an unarmed security guard/officer, or an armed security guard/officer, who is employed by a proprietary security organization that holds a license or permit for on-premises consumption from the alcoholic beverage commission or a beer board, or is employed by a contract security company for the purposes of performing security guard and patrol services at a commercial establishment that holds a license or permit for on-premises consumption from the alcoholic beverage commission or a beer board, shall: (i) Complete training in de-escalation techniques and proper and safe restraint techniques; and (ii) Complete a first aid and cardiopulmonary resuscitation (CPR) training course.
(i) Complete training in de-escalation techniques and proper and safe restraint techniques; and
(ii) Complete a first aid and cardiopulmonary resuscitation (CPR) training course.
(3) For applicants for private security guard/officer registration who will carry a club, stun gun, chemical spray, night stick or other less than lethal device, the commissioner shall require appropriate training specific to the device by a certified trainer who is certified to instruct for the specific device. It shall be the employers' responsibility to keep training records of their employees for each specific device. The security guard/officer shall also have in the person's possession a certification card issued by an instructor/trainer who is certified to instruct/train in the legal use of the specific device and shall exhibit the card upon demand by the commissioner, the commissioner's duly authorized agent or any full-time law enforcement officer.
(b) If applying for an armed security guard/officer registration card, before being issued a firearm, the applicant must also: (1) Complete at least eight (8) additional classroom hours of firearms training administered by a certified trainer and pass an examination covering at least the following subjects: (A) Legal limitations of the use of a firearm; (B) Handling of a firearm; and (C) Safety and maintenance; and (2) Complete at least four (4) hours of marksmanship training administered by a certified trainer, and achieve a minimum of seventy percent (70%) on any silhouette target course approved by the commissioner.
(1) Complete at least eight (8) additional classroom hours of firearms training administered by a certified trainer and pass an examination covering at least the following subjects: (A) Legal limitations of the use of a firearm; (B) Handling of a firearm; and (C) Safety and maintenance; and
(A) Legal limitations of the use of a firearm;
(B) Handling of a firearm; and
(C) Safety and maintenance; and
(2) Complete at least four (4) hours of marksmanship training administered by a certified trainer, and achieve a minimum of seventy percent (70%) on any silhouette target course approved by the commissioner.
(c) A certified trainer shall submit a statement to the commissioner certifying that an applicant has satisfactorily completed the required training within fifteen (15) days of training.
(d) (1) The requirements of subsection (a) do not apply to those applicants for registration as unarmed security guards/officers who have at least one (1) year of experience as a security guard/officer as of July 1, 1988, or who have had no less than four (4) hours of training equivalent to that required in subsection (a) in the year prior to filing the application. (2) The requirements of subsection (b) do not apply to those applicants for registration as armed security guards/officers who have had no less than twelve (12) hours of training equivalent to that required in subsection (b) in the year prior to filing the application. (3) The requirements of subsections (a) and (b) do not apply to an applicant for registration who is a sworn peace officer and certified by the police officer standards and training commission. The commissioner may issue a temporary registration card to the officer upon the commissioner's verification of the officer's certification. (4) The requirements of subsection (a) do not apply to an applicant for registration who is a state or local correctional officer or jailer; provided, that the state officer has successfully completed the appropriate basic training required by § 41-1-116 and is current on all annual refresher courses required by § 41-1-116 and the local officer or jailer has successfully completed comparable basic training and annual in-service training courses. The commissioner may issue a temporary registration card to the officer upon the commissioner's verification that the officer meets the requirements of this subdivision (d)(4).
(1) The requirements of subsection (a) do not apply to those applicants for registration as unarmed security guards/officers who have at least one (1) year of experience as a security guard/officer as of July 1, 1988, or who have had no less than four (4) hours of training equivalent to that required in subsection (a) in the year prior to filing the application.
(2) The requirements of subsection (b) do not apply to those applicants for registration as armed security guards/officers who have had no less than twelve (12) hours of training equivalent to that required in subsection (b) in the year prior to filing the application.
(3) The requirements of subsections (a) and (b) do not apply to an applicant for registration who is a sworn peace officer and certified by the police officer standards and training commission. The commissioner may issue a temporary registration card to the officer upon the commissioner's verification of the officer's certification.
(4) The requirements of subsection (a) do not apply to an applicant for registration who is a state or local correctional officer or jailer; provided, that the state officer has successfully completed the appropriate basic training required by § 41-1-116 and is current on all annual refresher courses required by § 41-1-116 and the local officer or jailer has successfully completed comparable basic training and annual in-service training courses. The commissioner may issue a temporary registration card to the officer upon the commissioner's verification that the officer meets the requirements of this subdivision (d)(4).
(e) Before providing security or patrol services at or in a public school, public charter school, private school, or church-related school, an armed security guard or security officer applicant must complete an active-shooter training. The training required under this subsection (e) must be no less than eight (8) hours in duration and must be completed by each armed security guard or officer providing security or patrol services at or in a public school, public charter school, private school, or church-related school, regardless of whether the armed security guard or officer is employed by a public school public charter school, private school, church-related school, or a contract security company.
Amended by 2023 Tenn. Acts, ch. 367, s 22, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 367, s 21, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 1121, s 3, eff. 1/1/2023.
Amended by 2020 Tenn. Acts, ch. 580, s 13, eff. 7/1/2020.
Amended by 2020 Tenn. Acts, ch. 580, s 12, eff. 7/1/2020.
Acts 1987, ch. 436, § 18; 1988, ch. 987, §§ 5-7; 1993, ch. 200, §3; 1995, ch. 249, §1; 1996, ch. 1009, §4; 1997 , ch. 369, § 1; 2004, ch. 661, § 1; 2006, ch. 1013, §§ 1, 2.
Tenn. Code Ann. § 62-26-229 — TN Code / Title 62 / Chapter 26 / Section 62-26-229
Exemption from licensing requirement
Status: in_force

(a) An individual exempted by § 62-26-223(b)(7) from the licensing requirements for private investigators must be: (1) Employed by and under the control of a licensed private investigation company; (2) Employed by a private business entity, the internal affairs of which are the subject of investigation by the individual; and (3) Engaged only in investigating the internal affairs of the private business entity by which they are employed. (b) A private investigation company employing an individual exempted by § 62-26-223(b)(7) shall be held responsible for the actions of that individual in the individual's capacity as an undercover investigator as if that individual was a licensed private investigator. Acts 1995, ch. 234, § 2.
(a) An individual exempted by § 62-26-223(b)(7) from the licensing requirements for private investigators must be: (1) Employed by and under the control of a licensed private investigation company; (2) Employed by a private business entity, the internal affairs of which are the subject of investigation by the individual; and (3) Engaged only in investigating the internal affairs of the private business entity by which they are employed.
(1) Employed by and under the control of a licensed private investigation company;
(2) Employed by a private business entity, the internal affairs of which are the subject of investigation by the individual; and
(3) Engaged only in investigating the internal affairs of the private business entity by which they are employed.
(b) A private investigation company employing an individual exempted by § 62-26-223(b)(7) shall be held responsible for the actions of that individual in the individual's capacity as an undercover investigator as if that individual was a licensed private investigator.
Acts 1995, ch. 234, § 2.
Tenn. Code Ann. § 62-35-102 — TN Code / Title 62 / Chapter 35 / Section 62-35-102
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Armed security guard/officer" means a security guard/officer who at any time wears, carries, possesses or has access to a firearm or any facsimile of any firearm that may leave the impression that the person is armed and who works in plainclothes or wears dress of a distinctive design or fashion or dress having any symbol, badge, emblem, insignia or device that identifies or tends to identify the wearer as a security guard/officer; (2) "Branch manager" means the individual who is immediately responsible for the operation of a branch office; (3) "Branch office" means any office of a contract security company within this state other than its principal place of business within this state; (4) "Certified trainer" means any individual certified by the commissioner as qualified to administer and certify to successful completion of the minimum training requirements prescribed by this chapter for a security guard/officer; (5) "Church-related school" means a school as defined in § 49-50-801 ; (6) "Commissioner" means the commissioner of commerce and insurance or the commissioner's designee; (7) "Contract security company" means any person engaging in the business of providing or undertaking to provide a security guard and patrol service on a contractual basis for another person; (8) "Licensee" means any contract security company licensed in accordance with this chapter; (9) "Person" means any individual, firm, association, company, partnership, corporation, nonprofit organization, institution or similar entity; (10) "Principal corporate officer" means the chief executive officer, president, vice president, treasurer, secretary or comptroller, as well as any other responsible officer or executive employee who performs functions for the corporation corresponding to those performed by the chief executive officer, president, vice president, treasurer, secretary or comptroller; (11) "Private school" means a school accredited by, or a member of, an organization or association approved by the state board of education as an organization accrediting or setting academic requirements in schools, or that has been approved by the state, or is in the future approved by the commissioner in accordance with rules promulgated by the state board of education; (12) "Proprietary security organization" means any person or department of the organization that employs a security guard/officer solely for the person in an employer/employee relationship; (13) "Public charter school" means a public school in this state that is established and operating under the terms of a charter agreement and in accordance with title 49, chapter 13; (14) "Public school" means an elementary or secondary school operated by a local education agency, as defined in § 49-1-103 , or by the state with public funds; (15) "Qualifying agent" means a principal corporate officer meeting the qualifications set forth in this chapter for operating a contract security company; (16) "Qualifying manager" means an individual designated by a proprietary security organization to be responsible for compliance with this chapter on behalf of the organization; (17) "Registrant" means an individual who holds a valid registration card; (18) "Registration card" means a pocket card issued by the commissioner evidencing that the holder has met the qualifications required by this chapter to perform the duties of a security guard/officer in this state; (19) "Security guard/officer" means an individual employed by a contract security company or a proprietary security organization whose primary duty is to perform any function of a security guard and patrol service; (20) "Security guard and patrol service" means protection of persons or property, or both, from criminal activities, including, but not limited to: (A) Prevention or detection, or both, of intrusion, unauthorized entry, larceny, vandalism, abuse, fire or trespass on private property; (B) Prevention, observation or detection of any unauthorized activity on private property; (C) Enforcement of rules, regulations or local or state laws on private property; (D) Control, regulation or direction of the flow or movements of the public, whether by vehicle or otherwise on private property; or (E) Street patrol service; (21) "Street patrol service" means the utilization of foot patrols, motor patrols or any other means of transportation in public areas or on public thoroughfares in order to serve multiple customers or facilities. "Street patrol service" does not apply to: (A) A management supervisor moving from one (1) customer or facility to another to inspect personnel; or (B) A security guard/officer traveling from one (1) facility to another to serve the same customer with multiple facilities; (22) "Sworn peace officer" means any individual who derives plenary or special law enforcement powers, such as the power of arrest, from, and is an employee of, a federal, state, or local governmental agency or instrumentality; (23) "Unarmed security guard/officer" means a security guard/officer who never wears, carries or has access to a firearm or any facsimile of a firearm that may leave the impression that the person is armed with a firearm, but who may carry other nonlethal devices as prescribed in this chapter with the proper certification and who works in plainclothes or wears dress of a distinctive design or fashion or dress having any symbol, badge, emblem, insignia, or device that identifies or tends to identify the wearer as a security guard/officer; and (24) "Undercover agent" means an individual hired by another person, through a contract security company to perform a job in or for that person, and while performing the job, to act as an undercover employee, independent contractor or operative of the person, but under the supervision of the contract security company. Amended by 2023 Tenn. Acts, ch. 367, s 19, eff. 7/1/2023. Amended by 2020 Tenn. Acts, ch. 580, s 10, eff. 7/1/2020. Acts 1987, ch. 436, § 2; 1988, ch. 987, § 1; 1996, ch. 1009, §§5-7, 28; 1997 , ch. 391, § 1.
As used in this chapter, unless the context otherwise requires:
(1) "Armed security guard/officer" means a security guard/officer who at any time wears, carries, possesses or has access to a firearm or any facsimile of any firearm that may leave the impression that the person is armed and who works in plainclothes or wears dress of a distinctive design or fashion or dress having any symbol, badge, emblem, insignia or device that identifies or tends to identify the wearer as a security guard/officer;
(2) "Branch manager" means the individual who is immediately responsible for the operation of a branch office;
(3) "Branch office" means any office of a contract security company within this state other than its principal place of business within this state;
(4) "Certified trainer" means any individual certified by the commissioner as qualified to administer and certify to successful completion of the minimum training requirements prescribed by this chapter for a security guard/officer;
(5) "Church-related school" means a school as defined in § 49-50-801 ;
(6) "Commissioner" means the commissioner of commerce and insurance or the commissioner's designee;
(7) "Contract security company" means any person engaging in the business of providing or undertaking to provide a security guard and patrol service on a contractual basis for another person;
(8) "Licensee" means any contract security company licensed in accordance with this chapter;
(9) "Person" means any individual, firm, association, company, partnership, corporation, nonprofit organization, institution or similar entity;
(10) "Principal corporate officer" means the chief executive officer, president, vice president, treasurer, secretary or comptroller, as well as any other responsible officer or executive employee who performs functions for the corporation corresponding to those performed by the chief executive officer, president, vice president, treasurer, secretary or comptroller;
(11) "Private school" means a school accredited by, or a member of, an organization or association approved by the state board of education as an organization accrediting or setting academic requirements in schools, or that has been approved by the state, or is in the future approved by the commissioner in accordance with rules promulgated by the state board of education;
(12) "Proprietary security organization" means any person or department of the organization that employs a security guard/officer solely for the person in an employer/employee relationship;
(13) "Public charter school" means a public school in this state that is established and operating under the terms of a charter agreement and in accordance with title 49, chapter 13;
(14) "Public school" means an elementary or secondary school operated by a local education agency, as defined in § 49-1-103 , or by the state with public funds;
(15) "Qualifying agent" means a principal corporate officer meeting the qualifications set forth in this chapter for operating a contract security company;
(16) "Qualifying manager" means an individual designated by a proprietary security organization to be responsible for compliance with this chapter on behalf of the organization;
(17) "Registrant" means an individual who holds a valid registration card;
(18) "Registration card" means a pocket card issued by the commissioner evidencing that the holder has met the qualifications required by this chapter to perform the duties of a security guard/officer in this state;
(19) "Security guard/officer" means an individual employed by a contract security company or a proprietary security organization whose primary duty is to perform any function of a security guard and patrol service;
(20) "Security guard and patrol service" means protection of persons or property, or both, from criminal activities, including, but not limited to: (A) Prevention or detection, or both, of intrusion, unauthorized entry, larceny, vandalism, abuse, fire or trespass on private property; (B) Prevention, observation or detection of any unauthorized activity on private property; (C) Enforcement of rules, regulations or local or state laws on private property; (D) Control, regulation or direction of the flow or movements of the public, whether by vehicle or otherwise on private property; or (E) Street patrol service;
(A) Prevention or detection, or both, of intrusion, unauthorized entry, larceny, vandalism, abuse, fire or trespass on private property;
(B) Prevention, observation or detection of any unauthorized activity on private property;
(C) Enforcement of rules, regulations or local or state laws on private property;
(D) Control, regulation or direction of the flow or movements of the public, whether by vehicle or otherwise on private property; or
(E) Street patrol service;
(21) "Street patrol service" means the utilization of foot patrols, motor patrols or any other means of transportation in public areas or on public thoroughfares in order to serve multiple customers or facilities. "Street patrol service" does not apply to: (A) A management supervisor moving from one (1) customer or facility to another to inspect personnel; or (B) A security guard/officer traveling from one (1) facility to another to serve the same customer with multiple facilities;
(A) A management supervisor moving from one (1) customer or facility to another to inspect personnel; or
(B) A security guard/officer traveling from one (1) facility to another to serve the same customer with multiple facilities;
(22) "Sworn peace officer" means any individual who derives plenary or special law enforcement powers, such as the power of arrest, from, and is an employee of, a federal, state, or local governmental agency or instrumentality;
(23) "Unarmed security guard/officer" means a security guard/officer who never wears, carries or has access to a firearm or any facsimile of a firearm that may leave the impression that the person is armed with a firearm, but who may carry other nonlethal devices as prescribed in this chapter with the proper certification and who works in plainclothes or wears dress of a distinctive design or fashion or dress having any symbol, badge, emblem, insignia, or device that identifies or tends to identify the wearer as a security guard/officer; and
(24) "Undercover agent" means an individual hired by another person, through a contract security company to perform a job in or for that person, and while performing the job, to act as an undercover employee, independent contractor or operative of the person, but under the supervision of the contract security company.
Amended by 2023 Tenn. Acts, ch. 367, s 19, eff. 7/1/2023.
Amended by 2020 Tenn. Acts, ch. 580, s 10, eff. 7/1/2020.
Acts 1987, ch. 436, § 2; 1988, ch. 987, § 1; 1996, ch. 1009, §§5-7, 28; 1997 , ch. 391, § 1.
Tenn. Code Ann. § 62-35-128 — TN Code / Title 62 / Chapter 35 / Section 62-35-128
Restrictions regarding military or police-style uniforms
Status: in_force

No security guard/officer shall wear any military or police-style uniform, except for rainwear or other foul-weather clothing, unless the uniform has: (1) Affixed over the left breast pocket on the outermost garment and on any cap a badge or insignia distinct in design from that utilized by any law enforcement agency in this state, unless the licensed security guard/officer is in plain clothes; and (2) Affixed over the right breast pocket on the outermost garment a name plate or tape with the name of the security guard/officer on it, unless the licensed security guard/officer is in plain clothes. Amended by 2020 Tenn. Acts, ch. 580, s 15, eff. 7/1/2020. Acts 1987, ch. 436, § 28; 1996, ch. 1009, § 13.
No security guard/officer shall wear any military or police-style uniform, except for rainwear or other foul-weather clothing, unless the uniform has:
(1) Affixed over the left breast pocket on the outermost garment and on any cap a badge or insignia distinct in design from that utilized by any law enforcement agency in this state, unless the licensed security guard/officer is in plain clothes; and
(2) Affixed over the right breast pocket on the outermost garment a name plate or tape with the name of the security guard/officer on it, unless the licensed security guard/officer is in plain clothes.
Amended by 2020 Tenn. Acts, ch. 580, s 15, eff. 7/1/2020.
Acts 1987, ch. 436, § 28; 1996, ch. 1009, § 13.
Tenn. Code Ann. § 62-5-403 — TN Code / Title 62 / Chapter 5 / Section 62-5-403
Part definitions
Status: in_force

As used in this part, unless the context requires otherwise: (1) "Cash advance item" means any item obtained from a third party and paid for by the funeral provider on the purchaser's behalf. Cash advance items may include, but are not limited to, sales tax, certified copies of death certificates, clergy honoraria, flowers, musicians or singers, obituary notices and gratuities; (2) "Commissioner" means the commissioner of commerce and insurance or the commissioner's designee; (3) "Department" means the department of commerce and insurance; (4) "Funeral merchandise": (A) Means merchandise, whether sold by a funeral establishment, cemetery company, or any other individual, partnership, company, corporation, or association, intended for use in the final disposition of a dead human body; (B) Includes caskets and containers designed to be used in the grave around the casket or around cremated remains, commonly known as urns, urn vaults, outer burial containers, burial vaults, grave boxes, and grave liners; and (C) Does not include cemetery merchandise as defined in § 46-1-102 ; (5) "Guaranteed pre-need funeral contract" means the pre-need seller, where the contract has been funded in accordance with its terms, shall furnish at the time of death of the contract beneficiary, at no additional charge to the next of kin, the estate of the deceased, or other individual or entity responsible for the funeral, the merchandise and services selected, or the equivalent if the specific merchandise is not readily available, in the pre-need funeral contract. The only adjustment in the charge to the next of kin, the estate of the deceased or other individual or entity responsible for the funeral shall be for cash advance items. The pre-need seller shall be obligated to deliver the agreed upon merchandise and services under a fully funded pre-need funeral contract for the available funding at the time of death of the contract beneficiary. Nothing in this section shall be construed to prohibit the pre-need seller from receiving the available funding up to the seller's current retail price for the merchandise and services at the time of death of the contract beneficiary; (6) "Insurance company" means any corporation, limited liability company, association, partnership, society, order, individual or aggregation of individuals engaging in or proposing or attempting to engage as principals in any kind of insurance business, including the exchanging of reciprocal contracts between individuals, partnerships, and corporations; (7) "Nonguaranteed pre-need funeral contract" means, in addition to any cash advance items, the pre-need seller may charge the individual or entity responsible for the funeral any difference between the available funding and the seller's current retail price at the time of death of the contract beneficiary for the merchandise and services selected in the pre-need funeral contract; (8) "Prearrangement insurance policy" means a life insurance policy, annuity contract, or other insurance contract, or any series of contracts or agreements in any form or manner, issued by an insurance company, that, whether by assignment or otherwise, funds a pre-need funeral contract, the insured or annuitant being the person for whose funeral service the funds were paid; (9) (A) "Pre-need funeral contract" means any agreement, contract or plan requiring the payment of money in advance, whether in a lump sum or installments and whether funded by a pre-need funeral trust or prearrangement insurance policy or combination of a pre-need funeral trust and a prearrangement insurance policy, that is made or entered into with any person, association, partnership, firm or corporation for the final disposition of a dead human body, for funeral or burial services or for the furnishing of personal property or funeral or burial merchandise, wherein the use of the personal property or the funeral or burial merchandise or the furnishing of professional services by a funeral director or embalmer is not immediately required; (B) Except as otherwise provided in § 62-5-406 , "pre-need funeral contract" does not mean the furnishing of cemetery merchandise and services otherwise regulated under title 46, chapter 1, part 2; (C) "Pre-need funeral contract" does not include a travel protection agreement for the coordination and arranging of all professional services related to the preparation for the purpose of transportation and subsequent transportation of a dead human body; (10) "Pre-need funeral contract beneficiary" means the person upon whose death the pre-need funeral contract will be performed. This person may also be the purchaser of the pre-need funeral contract; (11) "Pre-need funeral funds" means all payments of cash, or its equivalent, made to a pre-need seller or pre-need sales agent upon any pre-need funeral contract; (12) "Pre-need funeral trust" means funds set aside in a trust account held by a trustee to provide for a pre-need funeral contract; (13) "Pre-need sales agent" means an individual who has applied for and has been granted, or who engages in conduct requiring, registration to sell pre-need funeral contracts on behalf of a pre-need seller pursuant to this part; (14) "Pre-need seller" means a funeral establishment or other individual, firm, partnership, company, corporation, or association that has applied for and has been granted, or that engages in conduct requiring, registration to sell pre-need funeral contracts pursuant to this part; and (15) (A) "Trustee" means a state or national bank, federally chartered savings and loan association, state chartered trust company, or, in the reasonable discretion of the commissioner upon the terms and conditions that the commissioner may require, a securities brokerage firm licensed and in good standing with appropriate state and federal regulatory authorities; (B) Prior to July 1, 2011, "trustee" may also mean a certified public accountant who the commissioner determines meets all of the following requirements: (i) The certified public accountant has served during the 2007 calendar year as the trustee for a trust account established pursuant to this part; (ii) The certified public accountant is covered by errors and omissions liability insurance in an amount equal to or greater than the amount held in trust; and (iii) The certified public accountant has complied with all previous reporting requirements required by statute and rules of the commissioner; (C) On or after July 1, 2011, every trustee of every trust account shall be a trustee as set forth in subdivision (15)(A). Amended by 2018 Tenn. Acts, ch. 623, s 2, eff. 4/2/2018. Amended by 2016 Tenn. Acts, ch. 911, Secs.s 1, s 2 eff. 4/27/2016. Acts 2007 , ch. 592, § 4; 2008 , ch. 857, § 1; 2009 , ch. 279, §§ 1-3.
As used in this part, unless the context requires otherwise:
(1) "Cash advance item" means any item obtained from a third party and paid for by the funeral provider on the purchaser's behalf. Cash advance items may include, but are not limited to, sales tax, certified copies of death certificates, clergy honoraria, flowers, musicians or singers, obituary notices and gratuities;
(2) "Commissioner" means the commissioner of commerce and insurance or the commissioner's designee;
(3) "Department" means the department of commerce and insurance;
(4) "Funeral merchandise": (A) Means merchandise, whether sold by a funeral establishment, cemetery company, or any other individual, partnership, company, corporation, or association, intended for use in the final disposition of a dead human body; (B) Includes caskets and containers designed to be used in the grave around the casket or around cremated remains, commonly known as urns, urn vaults, outer burial containers, burial vaults, grave boxes, and grave liners; and (C) Does not include cemetery merchandise as defined in § 46-1-102 ;
(A) Means merchandise, whether sold by a funeral establishment, cemetery company, or any other individual, partnership, company, corporation, or association, intended for use in the final disposition of a dead human body;
(B) Includes caskets and containers designed to be used in the grave around the casket or around cremated remains, commonly known as urns, urn vaults, outer burial containers, burial vaults, grave boxes, and grave liners; and
(C) Does not include cemetery merchandise as defined in § 46-1-102 ;
(5) "Guaranteed pre-need funeral contract" means the pre-need seller, where the contract has been funded in accordance with its terms, shall furnish at the time of death of the contract beneficiary, at no additional charge to the next of kin, the estate of the deceased, or other individual or entity responsible for the funeral, the merchandise and services selected, or the equivalent if the specific merchandise is not readily available, in the pre-need funeral contract. The only adjustment in the charge to the next of kin, the estate of the deceased or other individual or entity responsible for the funeral shall be for cash advance items. The pre-need seller shall be obligated to deliver the agreed upon merchandise and services under a fully funded pre-need funeral contract for the available funding at the time of death of the contract beneficiary. Nothing in this section shall be construed to prohibit the pre-need seller from receiving the available funding up to the seller's current retail price for the merchandise and services at the time of death of the contract beneficiary;
(6) "Insurance company" means any corporation, limited liability company, association, partnership, society, order, individual or aggregation of individuals engaging in or proposing or attempting to engage as principals in any kind of insurance business, including the exchanging of reciprocal contracts between individuals, partnerships, and corporations;
(7) "Nonguaranteed pre-need funeral contract" means, in addition to any cash advance items, the pre-need seller may charge the individual or entity responsible for the funeral any difference between the available funding and the seller's current retail price at the time of death of the contract beneficiary for the merchandise and services selected in the pre-need funeral contract;
(8) "Prearrangement insurance policy" means a life insurance policy, annuity contract, or other insurance contract, or any series of contracts or agreements in any form or manner, issued by an insurance company, that, whether by assignment or otherwise, funds a pre-need funeral contract, the insured or annuitant being the person for whose funeral service the funds were paid;
(9) (A) "Pre-need funeral contract" means any agreement, contract or plan requiring the payment of money in advance, whether in a lump sum or installments and whether funded by a pre-need funeral trust or prearrangement insurance policy or combination of a pre-need funeral trust and a prearrangement insurance policy, that is made or entered into with any person, association, partnership, firm or corporation for the final disposition of a dead human body, for funeral or burial services or for the furnishing of personal property or funeral or burial merchandise, wherein the use of the personal property or the funeral or burial merchandise or the furnishing of professional services by a funeral director or embalmer is not immediately required; (B) Except as otherwise provided in § 62-5-406 , "pre-need funeral contract" does not mean the furnishing of cemetery merchandise and services otherwise regulated under title 46, chapter 1, part 2; (C) "Pre-need funeral contract" does not include a travel protection agreement for the coordination and arranging of all professional services related to the preparation for the purpose of transportation and subsequent transportation of a dead human body;
(A) "Pre-need funeral contract" means any agreement, contract or plan requiring the payment of money in advance, whether in a lump sum or installments and whether funded by a pre-need funeral trust or prearrangement insurance policy or combination of a pre-need funeral trust and a prearrangement insurance policy, that is made or entered into with any person, association, partnership, firm or corporation for the final disposition of a dead human body, for funeral or burial services or for the furnishing of personal property or funeral or burial merchandise, wherein the use of the personal property or the funeral or burial merchandise or the furnishing of professional services by a funeral director or embalmer is not immediately required;
(B) Except as otherwise provided in § 62-5-406 , "pre-need funeral contract" does not mean the furnishing of cemetery merchandise and services otherwise regulated under title 46, chapter 1, part 2;
(C) "Pre-need funeral contract" does not include a travel protection agreement for the coordination and arranging of all professional services related to the preparation for the purpose of transportation and subsequent transportation of a dead human body;
(10) "Pre-need funeral contract beneficiary" means the person upon whose death the pre-need funeral contract will be performed. This person may also be the purchaser of the pre-need funeral contract;
(11) "Pre-need funeral funds" means all payments of cash, or its equivalent, made to a pre-need seller or pre-need sales agent upon any pre-need funeral contract;
(12) "Pre-need funeral trust" means funds set aside in a trust account held by a trustee to provide for a pre-need funeral contract;
(13) "Pre-need sales agent" means an individual who has applied for and has been granted, or who engages in conduct requiring, registration to sell pre-need funeral contracts on behalf of a pre-need seller pursuant to this part;
(14) "Pre-need seller" means a funeral establishment or other individual, firm, partnership, company, corporation, or association that has applied for and has been granted, or that engages in conduct requiring, registration to sell pre-need funeral contracts pursuant to this part; and
(15) (A) "Trustee" means a state or national bank, federally chartered savings and loan association, state chartered trust company, or, in the reasonable discretion of the commissioner upon the terms and conditions that the commissioner may require, a securities brokerage firm licensed and in good standing with appropriate state and federal regulatory authorities; (B) Prior to July 1, 2011, "trustee" may also mean a certified public accountant who the commissioner determines meets all of the following requirements: (i) The certified public accountant has served during the 2007 calendar year as the trustee for a trust account established pursuant to this part; (ii) The certified public accountant is covered by errors and omissions liability insurance in an amount equal to or greater than the amount held in trust; and (iii) The certified public accountant has complied with all previous reporting requirements required by statute and rules of the commissioner; (C) On or after July 1, 2011, every trustee of every trust account shall be a trustee as set forth in subdivision (15)(A).
(A) "Trustee" means a state or national bank, federally chartered savings and loan association, state chartered trust company, or, in the reasonable discretion of the commissioner upon the terms and conditions that the commissioner may require, a securities brokerage firm licensed and in good standing with appropriate state and federal regulatory authorities;
(B) Prior to July 1, 2011, "trustee" may also mean a certified public accountant who the commissioner determines meets all of the following requirements: (i) The certified public accountant has served during the 2007 calendar year as the trustee for a trust account established pursuant to this part; (ii) The certified public accountant is covered by errors and omissions liability insurance in an amount equal to or greater than the amount held in trust; and (iii) The certified public accountant has complied with all previous reporting requirements required by statute and rules of the commissioner;
(i) The certified public accountant has served during the 2007 calendar year as the trustee for a trust account established pursuant to this part;
(ii) The certified public accountant is covered by errors and omissions liability insurance in an amount equal to or greater than the amount held in trust; and
(iii) The certified public accountant has complied with all previous reporting requirements required by statute and rules of the commissioner;
(C) On or after July 1, 2011, every trustee of every trust account shall be a trustee as set forth in subdivision (15)(A).
Amended by 2018 Tenn. Acts, ch. 623, s 2, eff. 4/2/2018.
Amended by 2016 Tenn. Acts, ch. 911, Secs.s 1, s 2 eff. 4/27/2016.
Acts 2007 , ch. 592, § 4; 2008 , ch. 857, § 1; 2009 , ch. 279, §§ 1-3.
Tenn. Code Ann. § 62-4-114 — TN Code / Title 62 / Chapter 4 / Section 62-4-114
Instructor's continuing education - Practice by instructor - Instructor may become licensed as cosmetologist - Inactive status
Status: in_force

(a) (1) To maintain an active instructor's license, an instructor shall every two (2) years submit to the board satisfactory proof that the instructor has attended a board-approved instructor training program in cosmetology, manicuring, aesthetics or natural hair styling for a minimum of sixteen (16) hours. Persons obtaining an initial instructor's license shall attend a board-approved instructor training program in cosmetology, manicuring, aesthetics or natural hair styling after receiving the licenses. (2) The board may, in its discretion, grant up to one (1) additional year for submission of proof upon a showing of good cause, including, but not limited to, illness or emergency; however, no extension of time shall relieve an instructor from meeting any future deadline for compliance with this subsection (a). (3) The active license of any instructor who fails to comply with this subsection (a) shall become invalid and nonrenewable. (b) Before an instructor's license expires, an instructor may notify the board of the instructor's intention to place the license on inactive status. The notice of intention shall be accompanied by the regular license fee, but the instructor shall be relieved of the obligation to attend the otherwise required board-approved training program. An instructor may stay on inactive status as long as the appropriate fees are paid on a regular basis. To change a license from inactive status to active status, the instructor shall attend a board approved instructor training program in cosmetology, manicuring, aesthetics or natural hair styling for a minimum of sixteen (16) hours. (c) Any person who holds a valid active license as a cosmetology, manicuring, aesthetics or natural hair instructor may engage in the practice of cosmetology, manicuring, aesthetics or natural hair styling under that license; however, no instructor may render cosmetology, manicuring, aesthetics or natural hair styling services in a school, except services that are directly incidental to the instruction of students. (d) Any person whose instructor's license expires or becomes invalid may, within sixty (60) days after the date of expiration or invalidity, obtain a cosmetologist's, manicurist's, aesthetician's or natural hair stylist's license from the board upon payment of a fee set by the board. Amended by 2015 Tenn. Acts, ch. 402, s 21, eff. 7/1/2015. Acts 1986, ch. 817, § 14; 1992, ch. 968, §§ 1-5; 1996, ch. 897, §6; 2001, ch. 85, §1; 2007 , ch. 485, §§ 4-7.
(a) (1) To maintain an active instructor's license, an instructor shall every two (2) years submit to the board satisfactory proof that the instructor has attended a board-approved instructor training program in cosmetology, manicuring, aesthetics or natural hair styling for a minimum of sixteen (16) hours. Persons obtaining an initial instructor's license shall attend a board-approved instructor training program in cosmetology, manicuring, aesthetics or natural hair styling after receiving the licenses. (2) The board may, in its discretion, grant up to one (1) additional year for submission of proof upon a showing of good cause, including, but not limited to, illness or emergency; however, no extension of time shall relieve an instructor from meeting any future deadline for compliance with this subsection (a). (3) The active license of any instructor who fails to comply with this subsection (a) shall become invalid and nonrenewable.
(1) To maintain an active instructor's license, an instructor shall every two (2) years submit to the board satisfactory proof that the instructor has attended a board-approved instructor training program in cosmetology, manicuring, aesthetics or natural hair styling for a minimum of sixteen (16) hours. Persons obtaining an initial instructor's license shall attend a board-approved instructor training program in cosmetology, manicuring, aesthetics or natural hair styling after receiving the licenses.
(2) The board may, in its discretion, grant up to one (1) additional year for submission of proof upon a showing of good cause, including, but not limited to, illness or emergency; however, no extension of time shall relieve an instructor from meeting any future deadline for compliance with this subsection (a).
(3) The active license of any instructor who fails to comply with this subsection (a) shall become invalid and nonrenewable.
(b) Before an instructor's license expires, an instructor may notify the board of the instructor's intention to place the license on inactive status. The notice of intention shall be accompanied by the regular license fee, but the instructor shall be relieved of the obligation to attend the otherwise required board-approved training program. An instructor may stay on inactive status as long as the appropriate fees are paid on a regular basis. To change a license from inactive status to active status, the instructor shall attend a board approved instructor training program in cosmetology, manicuring, aesthetics or natural hair styling for a minimum of sixteen (16) hours.
(c) Any person who holds a valid active license as a cosmetology, manicuring, aesthetics or natural hair instructor may engage in the practice of cosmetology, manicuring, aesthetics or natural hair styling under that license; however, no instructor may render cosmetology, manicuring, aesthetics or natural hair styling services in a school, except services that are directly incidental to the instruction of students.
(d) Any person whose instructor's license expires or becomes invalid may, within sixty (60) days after the date of expiration or invalidity, obtain a cosmetologist's, manicurist's, aesthetician's or natural hair stylist's license from the board upon payment of a fee set by the board.
Amended by 2015 Tenn. Acts, ch. 402, s 21, eff. 7/1/2015.
Acts 1986, ch. 817, § 14; 1992, ch. 968, §§ 1-5; 1996, ch. 897, §6; 2001, ch. 85, §1; 2007 , ch. 485, §§ 4-7.
Tenn. Code Ann. § 62-1-113 — TN Code / Title 62 / Chapter 1 / Section 62-1-113
Prohibited activities
Status: in_force

(a) Only licensees may issue a report on financial statements of any other person, firm, organization or governmental unit or otherwise offer to render or render any attest service. This restriction does not prohibit any act of a public official or public employee in the performance of that person's duties as such, or prohibit the performance by any person of other services involving the use of accounting skills, including the preparation of tax returns, management advisory services and the preparation of financial statements without the issuance of reports thereon. (b) Licensees performing attest services must provide those services pursuant to statements on standards relating to those services adopted by reference or directly by the board. (c) No person not holding a valid certificate shall use or assume the title "certified public accountant" or the abbreviation "CPA" or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that the person is a certified public accountant. (d) No firm shall provide attest services or assume or use the title "certified public accountants" or the abbreviation "CPAs," or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that such firm is a CPA firm unless: (1) The firm holds a valid permit issued under § 62-1-108 ; and (2) Ownership of the firm is in accord with this chapter and rules promulgated by the board. (e) No person shall assume or use the title "public accountant" or the abbreviation "PA," or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that the person is a public accountant unless that person holds a valid registration issued under § 62-1-109 . (f) No firm not holding a valid permit issued under § 62-1-108 shall provide attest services or assume or use the title "public accountant" or the abbreviation "PA," or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that the firm is composed of public accountants. (g) No person or firm not holding a valid license under this chapter shall assume or use the title "certified accountant," "chartered accountant," "enrolled accountant," "licensed accountant," "registered accountant," "accredited accountant" or any other title or designation likely to be confused with the titles "certified public accountant" or "public accountant," or use any of the abbreviations "CA," "LA," "RA," "AA," or similar abbreviation likely to be confused with the abbreviations "CPA" or "PA." The title "enrolled agent" or "EA" may only be used by individuals so designated by the internal revenue service. (h) (1) Nonlicensees may not use language in any statement relating to the financial affairs of a person or entity that is conventionally used by licensees in reports on financial statements. In this regard, the board shall issue rules providing safe harbor language that nonlicensees may use in connection with the financial information. (2) No person or firm not holding a valid license issued under § 62-1-107 , § 62-1-108 or § 62-1-109 shall assume or use any title or designation that includes the words "accountant" or "accounting," or any other language, including the language of a report, that implies that the person or firm holds such a license or has special competence as an accountant or auditor; provided, that this subsection (h) does not prohibit any officer, partner, member, manager or employee of any firm or organization from affixing that person's own signature to any statement in reference to the financial affairs of the firm or organization with any wording designating the position, title or office that the person holds in the firm or organization nor prohibit any act of a public official or employee in the performance of the person's duties as a public official or employee. (i) No person or firm holding a license under this chapter shall use a professional or firm name or designation that is misleading about the legal form of the firm, about the persons who are partners, officers, members, managers or shareholders of the firm or about any other matter; provided, however, that names of one (1) or more former partners, members, managers or shareholders may be included in the name of a firm or its successor. (j) None of the provisions of subsections (a)-(i) shall have any application to a person or firm holding a certification, designation, degree or license granted in a foreign country entitling the holder of a certification, designation, degree or license granted in a foreign country to engage in the practice of accountancy or its equivalent in that country, whose activities in this state are limited to the provision of professional services to persons or firms who are residents of, governments of or business entities of the country in which the person holds such entitlement, who performs no attest services and who issues no reports with respect to the financial statements of any other persons, firms or governmental units in this state and who does not use in this state any title or designation other than the one under which the person practices in such country, followed by a translation of such title or designation into the English language, if it is in a different language, and by the name of such country. (k) No holder of a certificate issued under § 62-1-107 or a registration issued under § 62-1-109 shall perform attest services in any firm that does not hold a valid permit issued under § 62-1-108 . (l) Nothing prohibits a licensee from engaging in personal financial planning without further regulatory requirements. (m) No person shall conceal information relative to violations of this chapter. Acts 1998, ch. 700, § 5.
(a) Only licensees may issue a report on financial statements of any other person, firm, organization or governmental unit or otherwise offer to render or render any attest service. This restriction does not prohibit any act of a public official or public employee in the performance of that person's duties as such, or prohibit the performance by any person of other services involving the use of accounting skills, including the preparation of tax returns, management advisory services and the preparation of financial statements without the issuance of reports thereon.
(b) Licensees performing attest services must provide those services pursuant to statements on standards relating to those services adopted by reference or directly by the board.
(c) No person not holding a valid certificate shall use or assume the title "certified public accountant" or the abbreviation "CPA" or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that the person is a certified public accountant.
(d) No firm shall provide attest services or assume or use the title "certified public accountants" or the abbreviation "CPAs," or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that such firm is a CPA firm unless: (1) The firm holds a valid permit issued under § 62-1-108 ; and (2) Ownership of the firm is in accord with this chapter and rules promulgated by the board.
(1) The firm holds a valid permit issued under § 62-1-108 ; and
(2) Ownership of the firm is in accord with this chapter and rules promulgated by the board.
(e) No person shall assume or use the title "public accountant" or the abbreviation "PA," or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that the person is a public accountant unless that person holds a valid registration issued under § 62-1-109 .
(f) No firm not holding a valid permit issued under § 62-1-108 shall provide attest services or assume or use the title "public accountant" or the abbreviation "PA," or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that the firm is composed of public accountants.
(g) No person or firm not holding a valid license under this chapter shall assume or use the title "certified accountant," "chartered accountant," "enrolled accountant," "licensed accountant," "registered accountant," "accredited accountant" or any other title or designation likely to be confused with the titles "certified public accountant" or "public accountant," or use any of the abbreviations "CA," "LA," "RA," "AA," or similar abbreviation likely to be confused with the abbreviations "CPA" or "PA." The title "enrolled agent" or "EA" may only be used by individuals so designated by the internal revenue service.
(h) (1) Nonlicensees may not use language in any statement relating to the financial affairs of a person or entity that is conventionally used by licensees in reports on financial statements. In this regard, the board shall issue rules providing safe harbor language that nonlicensees may use in connection with the financial information. (2) No person or firm not holding a valid license issued under § 62-1-107 , § 62-1-108 or § 62-1-109 shall assume or use any title or designation that includes the words "accountant" or "accounting," or any other language, including the language of a report, that implies that the person or firm holds such a license or has special competence as an accountant or auditor; provided, that this subsection (h) does not prohibit any officer, partner, member, manager or employee of any firm or organization from affixing that person's own signature to any statement in reference to the financial affairs of the firm or organization with any wording designating the position, title or office that the person holds in the firm or organization nor prohibit any act of a public official or employee in the performance of the person's duties as a public official or employee.
(1) Nonlicensees may not use language in any statement relating to the financial affairs of a person or entity that is conventionally used by licensees in reports on financial statements. In this regard, the board shall issue rules providing safe harbor language that nonlicensees may use in connection with the financial information.
(2) No person or firm not holding a valid license issued under § 62-1-107 , § 62-1-108 or § 62-1-109 shall assume or use any title or designation that includes the words "accountant" or "accounting," or any other language, including the language of a report, that implies that the person or firm holds such a license or has special competence as an accountant or auditor; provided, that this subsection (h) does not prohibit any officer, partner, member, manager or employee of any firm or organization from affixing that person's own signature to any statement in reference to the financial affairs of the firm or organization with any wording designating the position, title or office that the person holds in the firm or organization nor prohibit any act of a public official or employee in the performance of the person's duties as a public official or employee.
(i) No person or firm holding a license under this chapter shall use a professional or firm name or designation that is misleading about the legal form of the firm, about the persons who are partners, officers, members, managers or shareholders of the firm or about any other matter; provided, however, that names of one (1) or more former partners, members, managers or shareholders may be included in the name of a firm or its successor.
(j) None of the provisions of subsections (a)-(i) shall have any application to a person or firm holding a certification, designation, degree or license granted in a foreign country entitling the holder of a certification, designation, degree or license granted in a foreign country to engage in the practice of accountancy or its equivalent in that country, whose activities in this state are limited to the provision of professional services to persons or firms who are residents of, governments of or business entities of the country in which the person holds such entitlement, who performs no attest services and who issues no reports with respect to the financial statements of any other persons, firms or governmental units in this state and who does not use in this state any title or designation other than the one under which the person practices in such country, followed by a translation of such title or designation into the English language, if it is in a different language, and by the name of such country.
(k) No holder of a certificate issued under § 62-1-107 or a registration issued under § 62-1-109 shall perform attest services in any firm that does not hold a valid permit issued under § 62-1-108 .
(l) Nothing prohibits a licensee from engaging in personal financial planning without further regulatory requirements.
(m) No person shall conceal information relative to violations of this chapter.
Acts 1998, ch. 700, § 5.