Tenn. Code Ann. § 62-5-802 — TN Code / Title 62 / Chapter 5 / Section 62-5-802
Prerequisites to resomation - Refund of fees
Status: in_force

(a) An operator of an alkaline hydrolysis facility shall not resomate or allow resomation at an alkaline hydrolysis facility of a dead human body, other than a body that was donated to science for purposes of medical education or research, until the following has occurred: (1) The requirements of § 62-5-809 have been met, unless the decedent died from a virulent communicable disease, in which case the department of health or board of health having territorial jurisdiction where the death of the decedent occurred requires by rule or order the resomation to occur prior to the requirements of § 62-5-809 being met; (2) The operator has received a permit from the department of health for resomation of human remains that authorizes the resomation of the decedent; and (3) The operator has received other documentation required by this state or a political subdivision of this state. (b) If an operator of an alkaline hydrolysis facility submits to the department of health a sworn affidavit stating the operator has completed the resomation of human remains without charge, then the department of health shall issue a refund of fees associated with the receipt of a permit as described in subdivision (a)(2). Added by 2021 Tenn. Acts, ch. 141, s 1, eff. 4/13/2021.
(a) An operator of an alkaline hydrolysis facility shall not resomate or allow resomation at an alkaline hydrolysis facility of a dead human body, other than a body that was donated to science for purposes of medical education or research, until the following has occurred: (1) The requirements of § 62-5-809 have been met, unless the decedent died from a virulent communicable disease, in which case the department of health or board of health having territorial jurisdiction where the death of the decedent occurred requires by rule or order the resomation to occur prior to the requirements of § 62-5-809 being met; (2) The operator has received a permit from the department of health for resomation of human remains that authorizes the resomation of the decedent; and (3) The operator has received other documentation required by this state or a political subdivision of this state.
(1) The requirements of § 62-5-809 have been met, unless the decedent died from a virulent communicable disease, in which case the department of health or board of health having territorial jurisdiction where the death of the decedent occurred requires by rule or order the resomation to occur prior to the requirements of § 62-5-809 being met;
(2) The operator has received a permit from the department of health for resomation of human remains that authorizes the resomation of the decedent; and
(3) The operator has received other documentation required by this state or a political subdivision of this state.
(b) If an operator of an alkaline hydrolysis facility submits to the department of health a sworn affidavit stating the operator has completed the resomation of human remains without charge, then the department of health shall issue a refund of fees associated with the receipt of a permit as described in subdivision (a)(2).
Added by 2021 Tenn. Acts, ch. 141, s 1, eff. 4/13/2021.
Tenn. Code Ann. § 62-35-121 — TN Code / Title 62 / Chapter 35 / Section 62-35-121
Registration cards - Not transferable or assignable
Status: in_force

No registration card shall be transferable or assignable. Acts 1987, ch. 436, § 21.
No registration card shall be transferable or assignable.
Acts 1987, ch. 436, § 21.
Tenn. Code Ann. § 62-39-306 — TN Code / Title 62 / Chapter 39 / Section 62-39-306
License - Renewal - Regulations
Status: in_force

(a) The commission shall promulgate regulations to ensure that each individual renewing the individual's license as a real estate appraiser under this chapter has a working knowledge of current real estate appraisal theories, practices and techniques that will enable the individual to provide competent real estate appraisal services to the members of the public with whom the individual deals in a professional relationship under the authority of the individual's real estate appraiser license. (b) No amendment or repeal of a regulation adopted by the commission pursuant to this section shall operate to deprive a licensed real estate appraiser of credit toward renewal of the appraiser's license for any course of instruction that is successfully completed by the applicant prior to the date of the amendment or repeal of the regulation. Acts 1990, ch. 865, § 15; 1991, ch. 366, § 17.
(a) The commission shall promulgate regulations to ensure that each individual renewing the individual's license as a real estate appraiser under this chapter has a working knowledge of current real estate appraisal theories, practices and techniques that will enable the individual to provide competent real estate appraisal services to the members of the public with whom the individual deals in a professional relationship under the authority of the individual's real estate appraiser license.
(b) No amendment or repeal of a regulation adopted by the commission pursuant to this section shall operate to deprive a licensed real estate appraiser of credit toward renewal of the appraiser's license for any course of instruction that is successfully completed by the applicant prior to the date of the amendment or repeal of the regulation.
Acts 1990, ch. 865, § 15; 1991, ch. 366, § 17.
Tenn. Code Ann. § 62-35-108 — TN Code / Title 62 / Chapter 35 / Section 62-35-108
Posting of license
Status: in_force

Every license issued under this chapter shall be posted conspicuously in the licensee's principal place of business in this state. Acts 1987, ch. 436, § 8.
Every license issued under this chapter shall be posted conspicuously in the licensee's principal place of business in this state.
Acts 1987, ch. 436, § 8.
Tenn. Code Ann. § 62-28-103 — TN Code / Title 62 / Chapter 28 / Section 62-28-103
Ginseng export certificate
Status: in_force

Any ginseng dealer who exports or sells to another ginseng dealer shall attach a Tennessee ginseng export certificate with each sale of ginseng roots. The information on this certificate must be verified and signed by a representative of the department of environment and conservation, except where otherwise specified in reciprocal agreements with neighboring ginseng exporting states. Acts 1983, ch. 445, § 3; 1988, ch. 782, § 3.
Any ginseng dealer who exports or sells to another ginseng dealer shall attach a Tennessee ginseng export certificate with each sale of ginseng roots. The information on this certificate must be verified and signed by a representative of the department of environment and conservation, except where otherwise specified in reciprocal agreements with neighboring ginseng exporting states.
Acts 1983, ch. 445, § 3; 1988, ch. 782, § 3.
Tenn. Code Ann. § 62-18-118 — TN Code / Title 62 / Chapter 18 / Section 62-18-118
Certificate as evidence
Status: in_force

The issuance of a certificate of registration by this board shall be evidence that the person named in the certificate is entitled to all the rights and privileges of a land surveyor while the certificate remains unrevoked or unexpired. Acts 1969, ch. 207, § 12; T.C.A., § 62-1817.
The issuance of a certificate of registration by this board shall be evidence that the person named in the certificate is entitled to all the rights and privileges of a land surveyor while the certificate remains unrevoked or unexpired.
Acts 1969, ch. 207, § 12; T.C.A., § 62-1817.
Tenn. Code Ann. § 62-6-405 — TN Code / Title 62 / Chapter 6 / Section 62-6-405
Rules and regulations - Forms
Status: in_force

(a) The board may promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, that it deems necessary to effectuate this part. (b) The board may also prescribe forms required for the administration of this part. Acts 2004, ch. 826, § 6.
(a) The board may promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, that it deems necessary to effectuate this part.
(b) The board may also prescribe forms required for the administration of this part.
Acts 2004, ch. 826, § 6.
Tenn. Code Ann. § 62-39-417 — TN Code / Title 62 / Chapter 39 / Section 62-39-417
Biennial certification of maintenance of detailed records
Status: in_force

(a) Each appraisal management company registered or seeking to be registered must certify to the commission biennially that it maintains a detailed record of each service request for appraisal services within this state that it receives and of each appraiser who performs an appraisal for the appraisal management company in this state. (b) The commission may examine the books and records of an appraisal management company operating in this state and require such an appraisal management company to submit such reports, information, and documents as the commission may reasonably require. Amended by 2017 Tenn. Acts, ch. 226, s 12, eff. 7/1/2017. Amended by 2013 Tenn. Acts, ch. 180, s 12, eff. 4/23/2013. Acts 2010 , ch. 963, § 18.
(a) Each appraisal management company registered or seeking to be registered must certify to the commission biennially that it maintains a detailed record of each service request for appraisal services within this state that it receives and of each appraiser who performs an appraisal for the appraisal management company in this state.
(b) The commission may examine the books and records of an appraisal management company operating in this state and require such an appraisal management company to submit such reports, information, and documents as the commission may reasonably require.
Amended by 2017 Tenn. Acts, ch. 226, s 12, eff. 7/1/2017.
Amended by 2013 Tenn. Acts, ch. 180, s 12, eff. 4/23/2013.
Acts 2010 , ch. 963, § 18.
Tenn. Code Ann. § 62-6-402 — TN Code / Title 62 / Chapter 6 / Section 62-6-402
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Board" means the state board for licensing contractors pursuant to § 62-6-104 ; (2) "Fixtures" includes, but is not limited to, toilets, sinks, tubs, whirlpool tubs, hot tubs and any faucets or water supply lines used in conjunction with the fixtures; (3) "General maintenance work" means installing home appliances and making minor repairs to home appliances and kitchen and bathroom fixtures where the labor cost related to the installation or minor repairs does not exceed five hundred dollars ($500); (4) "Home appliances" means any appliance using water or connected to a water line, including, but not limited to, water heaters, dishwashers, garbage disposals, washers, icemakers and other similar appliances; provided, that the energy source is not changed from electric to gas or from gas to electric; (5) "Limited licensed plumber" means any person who performs any plumbing work that has a total cost of less than twenty-five thousand dollars ($25,000) and who is required to be registered under this part; and (6) "Plumbing work" means the construction, alteration, repair, improvement, movement, demolition, putting up, tearing down or furnishing of labor to install material or equipment within any residential or commercial building of all piping, fixtures and appliances for the supply of gas, water, liquids or disposal of waste water or sewage; provided, that there is no intent to require licensure under this part for plumbing work performed outside a residential or commercial building, including, but not limited to, utility connections or irrigation systems. Acts 2004, ch. 826, § 3; 2006, ch. 570, § 2; 2007 , ch. 54, § 1.
As used in this part, unless the context otherwise requires:
(1) "Board" means the state board for licensing contractors pursuant to § 62-6-104 ;
(2) "Fixtures" includes, but is not limited to, toilets, sinks, tubs, whirlpool tubs, hot tubs and any faucets or water supply lines used in conjunction with the fixtures;
(3) "General maintenance work" means installing home appliances and making minor repairs to home appliances and kitchen and bathroom fixtures where the labor cost related to the installation or minor repairs does not exceed five hundred dollars ($500);
(4) "Home appliances" means any appliance using water or connected to a water line, including, but not limited to, water heaters, dishwashers, garbage disposals, washers, icemakers and other similar appliances; provided, that the energy source is not changed from electric to gas or from gas to electric;
(5) "Limited licensed plumber" means any person who performs any plumbing work that has a total cost of less than twenty-five thousand dollars ($25,000) and who is required to be registered under this part; and
(6) "Plumbing work" means the construction, alteration, repair, improvement, movement, demolition, putting up, tearing down or furnishing of labor to install material or equipment within any residential or commercial building of all piping, fixtures and appliances for the supply of gas, water, liquids or disposal of waste water or sewage; provided, that there is no intent to require licensure under this part for plumbing work performed outside a residential or commercial building, including, but not limited to, utility connections or irrigation systems.
Acts 2004, ch. 826, § 3; 2006, ch. 570, § 2; 2007 , ch. 54, § 1.
Tenn. Code Ann. § 62-26-219 — TN Code / Title 62 / Chapter 26 / Section 62-26-219
Reciprocal agreements
Status: in_force

The commissioner may negotiate and enter into reciprocal agreements with appropriate officials in other states to permit licensed investigations companies and private investigators who meet or exceed the qualifications established in this part to operate across state lines under mutually acceptable terms. Acts 1990, ch. 780, § 20; 1991, ch. 457, § 21.
The commissioner may negotiate and enter into reciprocal agreements with appropriate officials in other states to permit licensed investigations companies and private investigators who meet or exceed the qualifications established in this part to operate across state lines under mutually acceptable terms.
Acts 1990, ch. 780, § 20; 1991, ch. 457, § 21.
Tenn. Code Ann. § 62-2-501 — TN Code / Title 62 / Chapter 2 / Section 62-2-501
General provisions
Status: in_force

In addition to the successful completion of examination acceptable to the board, the following shall be considered as minimum evidence satisfactory to the board that an applicant is qualified for registration as an architect: (1) An applicant who is a graduate of a school of architecture where the professional degree curriculum has been accredited and who has completed three (3) years of practical experience in architectural work satisfactory to the board, of which not more than (1) year of architectural practical training and school may be concurrent; or (2) An applicant who is a graduate of a nonaccredited architectural curriculum, of not less than four (4) years in a curriculum approved by the board, and five (5) years of practical experience in architectural practical training satisfactory to the board, of which not more than one (1) year of architectural work and school may be concurrent; (3) An applicant who is a graduate of an architecture-related curriculum, of not less than four (4) years in a curriculum approved by the board, and seven (7) years of practical experience in architectural practical training satisfactory to the board, of which not more than one (1) year of architectural work and school may be concurrent. Acts 1979, ch. 263, § 15; 1980, ch. 627, § 1; T.C.A., § 62-215; Acts 1983, ch. 71, §§ 2, 3; 1988, ch. 546, § 1.
In addition to the successful completion of examination acceptable to the board, the following shall be considered as minimum evidence satisfactory to the board that an applicant is qualified for registration as an architect:
(1) An applicant who is a graduate of a school of architecture where the professional degree curriculum has been accredited and who has completed three (3) years of practical experience in architectural work satisfactory to the board, of which not more than (1) year of architectural practical training and school may be concurrent; or
(2) An applicant who is a graduate of a nonaccredited architectural curriculum, of not less than four (4) years in a curriculum approved by the board, and five (5) years of practical experience in architectural practical training satisfactory to the board, of which not more than one (1) year of architectural work and school may be concurrent;
(3) An applicant who is a graduate of an architecture-related curriculum, of not less than four (4) years in a curriculum approved by the board, and seven (7) years of practical experience in architectural practical training satisfactory to the board, of which not more than one (1) year of architectural work and school may be concurrent.
Acts 1979, ch. 263, § 15; 1980, ch. 627, § 1; T.C.A., § 62-215; Acts 1983, ch. 71, §§ 2, 3; 1988, ch. 546, § 1.
Tenn. Code Ann. § 62-36-108 — TN Code / Title 62 / Chapter 36 / Section 62-36-108
Application for licensure - Fee - Transcript
Status: in_force

An application for licensure as a geologist shall indicate the applicant's education and provide a detailed summary of geologic work. The application shall be accompanied by an application fee fixed by the department and shall include a certified transcript. Acts 2007, ch. 495, § 9.
An application for licensure as a geologist shall indicate the applicant's education and provide a detailed summary of geologic work. The application shall be accompanied by an application fee fixed by the department and shall include a certified transcript.
Acts 2007, ch. 495, § 9.
Tenn. Code Ann. § 62-28-105 — TN Code / Title 62 / Chapter 28 / Section 62-28-105
Violations
Status: in_force

A violation of §§ 62-28-102 - 62-28-104 is a Class C misdemeanor. Acts 1983, ch. 445, § 5; 1989, ch. 591, § 113.
A violation of §§ 62-28-102 - 62-28-104 is a Class C misdemeanor.
Acts 1983, ch. 445, § 5; 1989, ch. 591, § 113.
Tenn. Code Ann. § 62-5-307 — TN Code / Title 62 / Chapter 5 / Section 62-5-307
Application for embalmer's license - Apprenticeship
Status: in_force

(a) No person shall be granted a license to engage in the practice of embalming dead human bodies within this state unless the person makes application to the board for the license, along with a nonrefundable fee as set by the board. (b) The application shall contain the name of the applicant, showing that the applicant: (1) Has attained eighteen (18) years of age; (2) Is a citizen of the United States or an individual enumerated in 8 U.S.C. § 1622(b) ; (3) Is of good moral character; (4) Is properly protected against communicable disease, either through immunization or education; (5) Has graduated from a high school or has earned a high school equivalency credential approved by the state board of education; (6) Has obtained an associate degree by successfully completing a mortuary science program consisting of not less than sixty (60) semester hours, ninety (90) quarter hours or the equivalent, with a program accredited by the American Board of Funeral Service Education and evidenced by an official transcript; and (7) Has completed one (1) year of apprenticeship in the presence of and under the direction and supervision of a licensed embalmer. Amended by 2023 Tenn. Acts, ch. 114,s 43, eff. 7/1/2023. Amended by 2019 Tenn. Acts, ch. 161, Secs.s 1, s 2 eff. 4/18/2019. Acts 1951, ch. 13, § 11 (Williams, § 7140.11); Acts 1973, ch. 36, § 1; 1973, ch. 39, § 1; 1980, ch. 554, § 7; T.C.A. (orig. ed.), § 62-514; Acts 1985, ch. 354, § 9; 1989, ch. 523, § 152; 2001, ch. 188, §§ 10, 11; 2007 , ch. 297, § 3.
(a) No person shall be granted a license to engage in the practice of embalming dead human bodies within this state unless the person makes application to the board for the license, along with a nonrefundable fee as set by the board.
(b) The application shall contain the name of the applicant, showing that the applicant: (1) Has attained eighteen (18) years of age; (2) Is a citizen of the United States or an individual enumerated in 8 U.S.C. § 1622(b) ; (3) Is of good moral character; (4) Is properly protected against communicable disease, either through immunization or education; (5) Has graduated from a high school or has earned a high school equivalency credential approved by the state board of education; (6) Has obtained an associate degree by successfully completing a mortuary science program consisting of not less than sixty (60) semester hours, ninety (90) quarter hours or the equivalent, with a program accredited by the American Board of Funeral Service Education and evidenced by an official transcript; and (7) Has completed one (1) year of apprenticeship in the presence of and under the direction and supervision of a licensed embalmer.
(1) Has attained eighteen (18) years of age;
(2) Is a citizen of the United States or an individual enumerated in 8 U.S.C. § 1622(b) ;
(3) Is of good moral character;
(4) Is properly protected against communicable disease, either through immunization or education;
(5) Has graduated from a high school or has earned a high school equivalency credential approved by the state board of education;
(6) Has obtained an associate degree by successfully completing a mortuary science program consisting of not less than sixty (60) semester hours, ninety (90) quarter hours or the equivalent, with a program accredited by the American Board of Funeral Service Education and evidenced by an official transcript; and
(7) Has completed one (1) year of apprenticeship in the presence of and under the direction and supervision of a licensed embalmer.
Amended by 2023 Tenn. Acts, ch. 114,s 43, eff. 7/1/2023.
Amended by 2019 Tenn. Acts, ch. 161, Secs.s 1, s 2 eff. 4/18/2019.
Acts 1951, ch. 13, § 11 (Williams, § 7140.11); Acts 1973, ch. 36, § 1; 1973, ch. 39, § 1; 1980, ch. 554, § 7; T.C.A. (orig. ed.), § 62-514; Acts 1985, ch. 354, § 9; 1989, ch. 523, § 152; 2001, ch. 188, §§ 10, 11; 2007 , ch. 297, § 3.
Tenn. Code Ann. § 62-4-116 — TN Code / Title 62 / Chapter 4 / Section 62-4-116
Reciprocity - License without examination
Status: in_force

(a) Upon receipt of a fee as set by the board in rule, the board may, in its discretion, grant a license without examination to any applicant who: (1) Holds a valid license issued by another state or the District of Columbia and has substantially met the qualifications for licensure in this state; or (2) Furnishes satisfactory proof that the applicant has continuously and lawfully engaged in the occupation or practice for which a license is applied for a period of at least five (5) years immediately preceding the date of application. (b) The board shall not prohibit an applicant from receiving initial reciprocity based on the requirements of § 62-4-110(a)(4), (b)(3), (c)(3), (d)(3), or (e)(3) , or § 62-4-117(g) . However, the applicant must complete the requirements of §§ 62-4-110(a)(4), (b)(3), (c)(3), (d)(3), and (e)(3) , and 62-4-117(g) before the board may grant the license. Amended by 2021 Tenn. Acts, ch. 117, s 17, eff. 4/13/2021. Amended by 2015 Tenn. Acts, ch. 402, s 22, eff. 7/1/2015. Acts 1986, ch. 817, § 16; 1996, ch. 897, § 8.
(a) Upon receipt of a fee as set by the board in rule, the board may, in its discretion, grant a license without examination to any applicant who: (1) Holds a valid license issued by another state or the District of Columbia and has substantially met the qualifications for licensure in this state; or (2) Furnishes satisfactory proof that the applicant has continuously and lawfully engaged in the occupation or practice for which a license is applied for a period of at least five (5) years immediately preceding the date of application.
(1) Holds a valid license issued by another state or the District of Columbia and has substantially met the qualifications for licensure in this state; or
(2) Furnishes satisfactory proof that the applicant has continuously and lawfully engaged in the occupation or practice for which a license is applied for a period of at least five (5) years immediately preceding the date of application.
(b) The board shall not prohibit an applicant from receiving initial reciprocity based on the requirements of § 62-4-110(a)(4), (b)(3), (c)(3), (d)(3), or (e)(3) , or § 62-4-117(g) . However, the applicant must complete the requirements of §§ 62-4-110(a)(4), (b)(3), (c)(3), (d)(3), and (e)(3) , and 62-4-117(g) before the board may grant the license.
Amended by 2021 Tenn. Acts, ch. 117, s 17, eff. 4/13/2021.
Amended by 2015 Tenn. Acts, ch. 402, s 22, eff. 7/1/2015.
Acts 1986, ch. 817, § 16; 1996, ch. 897, § 8.
Tenn. Code Ann. § 62-50-103 — TN Code / Title 62 / Chapter 50 / Section 62-50-103
Society not immune from liability
Status: in_force

(a) This part shall not be construed to confer immunity from liability on any professional society. (b) A professional society is liable for the actual damages arising from proceedings of a committee established by the bylaws of the society for any wrongful charge against a member by the committee. (c) In any case in which, but for the enactment of this part, a cause of action would arise against a professional society, the cause of action shall exist as if this part had not been enacted. Acts 1981, ch. 526, § 3; T.C.A., § 62-5003.
(a) This part shall not be construed to confer immunity from liability on any professional society.
(b) A professional society is liable for the actual damages arising from proceedings of a committee established by the bylaws of the society for any wrongful charge against a member by the committee.
(c) In any case in which, but for the enactment of this part, a cause of action would arise against a professional society, the cause of action shall exist as if this part had not been enacted.
Acts 1981, ch. 526, § 3; T.C.A., § 62-5003.
Tenn. Code Ann. § 62-7-109 — TN Code / Title 62 / Chapter 7 / Section 62-7-109
Right of owners to exclude persons from public places
Status: in_force

(a) The rule of the common law giving a right of action to any person excluded from any hotel, public means of transportation or place of amusement is abrogated. (b) No keeper of any hotel or public house, or carrier of passengers for hire, except railways, street, interurban and commercial, or conductors, drivers or employees of the carrier or keeper, shall be bound or under any obligation to entertain, carry or admit any person whom the keeper, carrier, conductor, driver or their employees shall, for any reason whatever, choose not to entertain, carry or admit to their house, hotel, vehicle, means of transportation or place of amusement. Nor shall any right exist in favor of the person so refused admission. (c) The right of keepers of hotels and public houses, carriers of passengers and keepers of places of amusement and their employees to control the access and admission or exclusion of persons to or from their public houses, means of transportation and places of amusement is to be as complete as that of any private person over the private person's private house, vehicle, private theater or places of amusement for the private person's family. Acts 1875, ch. 130, § 1; impl. am. Acts 1897, ch. 10, §§ 14, 17; Shan., § 3046; Code 1932, § 5262; modified; T.C.A. (orig. ed.), § 62-710.
(a) The rule of the common law giving a right of action to any person excluded from any hotel, public means of transportation or place of amusement is abrogated.
(b) No keeper of any hotel or public house, or carrier of passengers for hire, except railways, street, interurban and commercial, or conductors, drivers or employees of the carrier or keeper, shall be bound or under any obligation to entertain, carry or admit any person whom the keeper, carrier, conductor, driver or their employees shall, for any reason whatever, choose not to entertain, carry or admit to their house, hotel, vehicle, means of transportation or place of amusement. Nor shall any right exist in favor of the person so refused admission.
(c) The right of keepers of hotels and public houses, carriers of passengers and keepers of places of amusement and their employees to control the access and admission or exclusion of persons to or from their public houses, means of transportation and places of amusement is to be as complete as that of any private person over the private person's private house, vehicle, private theater or places of amusement for the private person's family.
Acts 1875, ch. 130, § 1; impl. am. Acts 1897, ch. 10, §§ 14, 17; Shan., § 3046; Code 1932, § 5262; modified; T.C.A. (orig. ed.), § 62-710.
Tenn. Code Ann. § 62-18-206 — TN Code / Title 62 / Chapter 18 / Section 62-18-206
Applicability of part - Exemptions
Status: in_force

Any person, except a person exempted by this part, who practices or offers to practice soil science in this state, including a person employed by the state or its political subdivisions, is subject to this part. The following persons are exempt: (1) Any person engaged solely in teaching the science of soil science or engaged solely in nonpublic soils research in this state. However, a teacher or researcher shall be certified as licensed professional soil scientist if the teacher or researcher wishes to engage in the practice of soil science or services for which licensure as a soil scientist is required by this part; (2) An employee or subordinate of a licensed professional soil scientist insofar as the employee or subordinate acts solely in such capacity. This exemption shall not permit any such employee or subordinate to practice soil science independently or use the term "licensed professional soil scientist;" and (3) Any person who is employed either by the state or federal government, or by a person, firm, or corporation not engaged in the practice of soil science, if such person provides soil science services only as part of his job duties for the employer and does not receive any payments for soil science services from the general public. Acts 2010, ch. 1032, § 7.
Any person, except a person exempted by this part, who practices or offers to practice soil science in this state, including a person employed by the state or its political subdivisions, is subject to this part. The following persons are exempt:
(1) Any person engaged solely in teaching the science of soil science or engaged solely in nonpublic soils research in this state. However, a teacher or researcher shall be certified as licensed professional soil scientist if the teacher or researcher wishes to engage in the practice of soil science or services for which licensure as a soil scientist is required by this part;
(2) An employee or subordinate of a licensed professional soil scientist insofar as the employee or subordinate acts solely in such capacity. This exemption shall not permit any such employee or subordinate to practice soil science independently or use the term "licensed professional soil scientist;" and
(3) Any person who is employed either by the state or federal government, or by a person, firm, or corporation not engaged in the practice of soil science, if such person provides soil science services only as part of his job duties for the employer and does not receive any payments for soil science services from the general public.
Acts 2010, ch. 1032, § 7.
Tenn. Code Ann. § 62-2-308 — TN Code / Title 62 / Chapter 2 / Section 62-2-308
Denial, suspension or revocation of certificate - Reissuance
Status: in_force

(a) (1) The board may refuse to issue or renew, and revoke or suspend, the certificate of registration of any architect, engineer, landscape architect or registered interior designer registered under this chapter who is found guilty: (A) Of any fraud or deceit in obtaining a certificate of registration; (B) Of gross negligence, incompetency or misconduct in the practice of architecture, engineering, landscape architecture or in the use of the title "registered interior designer"; (C) Of failure to obtain, keep and utilize the registrant's seal as provided in this chapter; (D) By a court of competent jurisdiction of breach of contract for professional services; (E) Of any violation of the rules adopted by the board; (F) Of having the person's right to practice architecture, engineering, landscape architecture or use the title registered interior designer suspended or revoked by another state or national registration board; or (G) By a court of competent jurisdiction of any felony. However, an action taken under this subdivision (a)(1)(G) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title. (2) Any person may prefer charges in writing to the board against any architect, engineer, landscape architect or registered interior designer registered under this chapter on any of the grounds listed in subdivision (a)(1). (3) The affirmative vote of five (5) or more members of the board shall be necessary in order to revoke or suspend the certificate of registration of any architect, engineer, landscape architect or registered interior designer registered under this chapter. (b) The board may reissue a certificate of registration to any person whose certificate has been revoked; provided, that five (5) or more members of the board vote in favor of reissuance for reasons the board may deem sufficient. (c) The board members are officers of the state in carrying out the duties imposed by this chapter and as such have the full measure of governmental immunity provided by law. Amended by 2018 Tenn. Acts, ch. 745,s 2, eff. 7/1/2018. Amended by 2015 Tenn. Acts, ch. 291,Secs.s1, s2 eff. 4/24/2015. Acts 1979, ch. 263, § 28; 1980, ch. 451, § 2; 1980, ch. 627, § 4; 1981, ch. 349, § 3; T.C.A., § 62-228; Acts 1983, ch. 71, § 1; 1988, ch. 990, § 19; 1991, ch. 164, § 24; 1997, ch. 33, §§ 15-17.
(a) (1) The board may refuse to issue or renew, and revoke or suspend, the certificate of registration of any architect, engineer, landscape architect or registered interior designer registered under this chapter who is found guilty: (A) Of any fraud or deceit in obtaining a certificate of registration; (B) Of gross negligence, incompetency or misconduct in the practice of architecture, engineering, landscape architecture or in the use of the title "registered interior designer"; (C) Of failure to obtain, keep and utilize the registrant's seal as provided in this chapter; (D) By a court of competent jurisdiction of breach of contract for professional services; (E) Of any violation of the rules adopted by the board; (F) Of having the person's right to practice architecture, engineering, landscape architecture or use the title registered interior designer suspended or revoked by another state or national registration board; or (G) By a court of competent jurisdiction of any felony. However, an action taken under this subdivision (a)(1)(G) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title. (2) Any person may prefer charges in writing to the board against any architect, engineer, landscape architect or registered interior designer registered under this chapter on any of the grounds listed in subdivision (a)(1). (3) The affirmative vote of five (5) or more members of the board shall be necessary in order to revoke or suspend the certificate of registration of any architect, engineer, landscape architect or registered interior designer registered under this chapter.
(1) The board may refuse to issue or renew, and revoke or suspend, the certificate of registration of any architect, engineer, landscape architect or registered interior designer registered under this chapter who is found guilty: (A) Of any fraud or deceit in obtaining a certificate of registration; (B) Of gross negligence, incompetency or misconduct in the practice of architecture, engineering, landscape architecture or in the use of the title "registered interior designer"; (C) Of failure to obtain, keep and utilize the registrant's seal as provided in this chapter; (D) By a court of competent jurisdiction of breach of contract for professional services; (E) Of any violation of the rules adopted by the board; (F) Of having the person's right to practice architecture, engineering, landscape architecture or use the title registered interior designer suspended or revoked by another state or national registration board; or (G) By a court of competent jurisdiction of any felony. However, an action taken under this subdivision (a)(1)(G) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title.
(A) Of any fraud or deceit in obtaining a certificate of registration;
(B) Of gross negligence, incompetency or misconduct in the practice of architecture, engineering, landscape architecture or in the use of the title "registered interior designer";
(C) Of failure to obtain, keep and utilize the registrant's seal as provided in this chapter;
(D) By a court of competent jurisdiction of breach of contract for professional services;
(E) Of any violation of the rules adopted by the board;
(F) Of having the person's right to practice architecture, engineering, landscape architecture or use the title registered interior designer suspended or revoked by another state or national registration board; or
(G) By a court of competent jurisdiction of any felony. However, an action taken under this subdivision (a)(1)(G) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title.
(2) Any person may prefer charges in writing to the board against any architect, engineer, landscape architect or registered interior designer registered under this chapter on any of the grounds listed in subdivision (a)(1).
(3) The affirmative vote of five (5) or more members of the board shall be necessary in order to revoke or suspend the certificate of registration of any architect, engineer, landscape architect or registered interior designer registered under this chapter.
(b) The board may reissue a certificate of registration to any person whose certificate has been revoked; provided, that five (5) or more members of the board vote in favor of reissuance for reasons the board may deem sufficient.
(c) The board members are officers of the state in carrying out the duties imposed by this chapter and as such have the full measure of governmental immunity provided by law.
Amended by 2018 Tenn. Acts, ch. 745,s 2, eff. 7/1/2018.
Amended by 2015 Tenn. Acts, ch. 291,Secs.s1, s2 eff. 4/24/2015.
Acts 1979, ch. 263, § 28; 1980, ch. 451, § 2; 1980, ch. 627, § 4; 1981, ch. 349, § 3; T.C.A., § 62-228; Acts 1983, ch. 71, § 1; 1988, ch. 990, § 19; 1991, ch. 164, § 24; 1997, ch. 33, §§ 15-17.
Tenn. Code Ann. § 62-39-202 — TN Code / Title 62 / Chapter 39 / Section 62-39-202
Meetings - Compensation
Status: in_force

(a) The commission shall meet at least three (3) times each year to conduct its business. Places of future meetings shall be decided by the vote of members at meetings. Written notice shall be given to each member of the time and place of each meeting of the commission at least ten (10) days before the scheduled date of the meetings. (b) The members of the commission shall elect a chair from among the members to preside at commission meetings. (c) A majority of the commission shall constitute a quorum. A majority of the members present for a quorum shall be appraiser members. (d) Each member of the commission shall be entitled to a per diem allowance of fifty dollars ($50.00) for each meeting of the commission at which the member is present and for each day or substantial part of a day actually spent in the conduct of the business of the commission. In addition, members shall receive actual expenses to be paid in accordance with the comprehensive travel regulations promulgated by the commissioner of finance and administration and approved by the attorney general and reporter. (e) The commission at its organizational meeting shall appoint a subcommittee whose duties will be to work with the state's universities, colleges and junior colleges to implement a statewide educational network of appraisal courses leading to an associate or baccalaureate, or both, of applied science degree in real estate appraisal. Acts 1990, ch. 865, § 7.
(a) The commission shall meet at least three (3) times each year to conduct its business. Places of future meetings shall be decided by the vote of members at meetings. Written notice shall be given to each member of the time and place of each meeting of the commission at least ten (10) days before the scheduled date of the meetings.
(b) The members of the commission shall elect a chair from among the members to preside at commission meetings.
(c) A majority of the commission shall constitute a quorum. A majority of the members present for a quorum shall be appraiser members.
(d) Each member of the commission shall be entitled to a per diem allowance of fifty dollars ($50.00) for each meeting of the commission at which the member is present and for each day or substantial part of a day actually spent in the conduct of the business of the commission. In addition, members shall receive actual expenses to be paid in accordance with the comprehensive travel regulations promulgated by the commissioner of finance and administration and approved by the attorney general and reporter.
(e) The commission at its organizational meeting shall appoint a subcommittee whose duties will be to work with the state's universities, colleges and junior colleges to implement a statewide educational network of appraisal courses leading to an associate or baccalaureate, or both, of applied science degree in real estate appraisal.
Acts 1990, ch. 865, § 7.
Tenn. Code Ann. § 62-76-203 — TN Code / Title 62 / Chapter 76 / Section 62-76-203
Applicability
Status: in_force

(a) Nothing in this part overrides any of the requirements of the following: (1) Instructor trainee programs, junior instructor programs, or apprenticeships under the Tennessee Cosmetology and Barbering Act, compiled in chapter 4 of this title; (2) Apprenticeships under chapter 5 of this title; (3) [Deleted by 2021 amendment.] (4) Affiliate broker programs under the Tennessee Real Estate Broker License Act of 1973, compiled in chapter 13 of this title; (5) Apprenticeships under chapter 19 of this title; (6) Apprenticeships under the Private Investigators Licensing and Regulatory Act, compiled in chapter 26 of this title; (7) Internships under the Polygraph Examiners Act, compiled in chapter 27 of this title; or (8) Appraiser trainee programs under the State Licensing and Certified Real Estate Appraisers Law, compiled in chapter 39 of this title. (b) If a program, apprenticeship, or internship as described in subsection (a) or by rule exists for a profession, then a licensing authority shall not create a separate apprentice program under this part for that profession. Amended by 2021 Tenn. Acts, ch. 572, s 3, eff. 5/27/2021. Added by 2018 Tenn. Acts, ch. 848, s 1, eff. 1/1/2019.
(a) Nothing in this part overrides any of the requirements of the following: (1) Instructor trainee programs, junior instructor programs, or apprenticeships under the Tennessee Cosmetology and Barbering Act, compiled in chapter 4 of this title; (2) Apprenticeships under chapter 5 of this title; (3) [Deleted by 2021 amendment.] (4) Affiliate broker programs under the Tennessee Real Estate Broker License Act of 1973, compiled in chapter 13 of this title; (5) Apprenticeships under chapter 19 of this title; (6) Apprenticeships under the Private Investigators Licensing and Regulatory Act, compiled in chapter 26 of this title; (7) Internships under the Polygraph Examiners Act, compiled in chapter 27 of this title; or (8) Appraiser trainee programs under the State Licensing and Certified Real Estate Appraisers Law, compiled in chapter 39 of this title.
(1) Instructor trainee programs, junior instructor programs, or apprenticeships under the Tennessee Cosmetology and Barbering Act, compiled in chapter 4 of this title;
(2) Apprenticeships under chapter 5 of this title;
(3) [Deleted by 2021 amendment.]
(4) Affiliate broker programs under the Tennessee Real Estate Broker License Act of 1973, compiled in chapter 13 of this title;
(5) Apprenticeships under chapter 19 of this title;
(6) Apprenticeships under the Private Investigators Licensing and Regulatory Act, compiled in chapter 26 of this title;
(7) Internships under the Polygraph Examiners Act, compiled in chapter 27 of this title; or
(8) Appraiser trainee programs under the State Licensing and Certified Real Estate Appraisers Law, compiled in chapter 39 of this title.
(b) If a program, apprenticeship, or internship as described in subsection (a) or by rule exists for a profession, then a licensing authority shall not create a separate apprentice program under this part for that profession.
Amended by 2021 Tenn. Acts, ch. 572, s 3, eff. 5/27/2021.
Added by 2018 Tenn. Acts, ch. 848, s 1, eff. 1/1/2019.
Tenn. Code Ann. § 62-29-204 — TN Code / Title 62 / Chapter 29 / Section 62-29-204
Preemption
Status: in_force

This part shall preempt and be exclusive of all local acts, statutes, ordinances and regulations relating to refund anticipation loans. Acts 2007, ch. 172, § 4.
This part shall preempt and be exclusive of all local acts, statutes, ordinances and regulations relating to refund anticipation loans.
Acts 2007, ch. 172, § 4.
Tenn. Code Ann. § 62-39-336 — TN Code / Title 62 / Chapter 39 / Section 62-39-336
Temporary practice permits - Administrative action - Consent to suit
Status: in_force

(a) The commission may issue a temporary practice permit to a nonresident of this state who is properly licensed or certified in another state. The holder of a valid temporary practice permit shall be authorized to perform appraisals in this state subject to the requirements of this chapter and the rules promulgated by the commission. (b) The commission shall have the authority to promulgate rules and regulations governing temporary practice, pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, as may be necessary to ensure compliance with the Financial Institutions Reform, Recovery and Enforcement Act of 1989 and other federal law that may be applicable. The commission may also adopt emergency rules as determined to be necessary to effectuate this section, in accordance with the Uniform Administrative Procedures Act. (c) Under no circumstances, other than as stated in this chapter, shall an appraiser who is not licensed or certified in this state be authorized to perform appraisals in this state. (d) Every applicant for a temporary practice permit shall file with the commission, on a form approved by the commission, an irrevocable consent that legal actions may be properly commenced against the applicant in this state. The consent shall be duly notarized and, if made by a corporation, shall be authenticated by its seal. Acts 1991, ch. 366, § 43; 1994, ch. 605, § 5.
(a) The commission may issue a temporary practice permit to a nonresident of this state who is properly licensed or certified in another state. The holder of a valid temporary practice permit shall be authorized to perform appraisals in this state subject to the requirements of this chapter and the rules promulgated by the commission.
(b) The commission shall have the authority to promulgate rules and regulations governing temporary practice, pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, as may be necessary to ensure compliance with the Financial Institutions Reform, Recovery and Enforcement Act of 1989 and other federal law that may be applicable. The commission may also adopt emergency rules as determined to be necessary to effectuate this section, in accordance with the Uniform Administrative Procedures Act.
(c) Under no circumstances, other than as stated in this chapter, shall an appraiser who is not licensed or certified in this state be authorized to perform appraisals in this state.
(d) Every applicant for a temporary practice permit shall file with the commission, on a form approved by the commission, an irrevocable consent that legal actions may be properly commenced against the applicant in this state. The consent shall be duly notarized and, if made by a corporation, shall be authenticated by its seal.
Acts 1991, ch. 366, § 43; 1994, ch. 605, § 5.
Tenn. Code Ann. § 62-5-704 — TN Code / Title 62 / Chapter 5 / Section 62-5-704
Circumstances under which rights forfeited
Status: in_force

A person entitled under § 62-5-703 to the right of disposition shall forfeit that right, and the right shall pass on to the next person in accordance with § 62-5-703 , in the following circumstances: (1) Any person convicted of an offense described in § 39-13-202 , § 39-13-210 , or § 39-13-211 , in connection with the decedent's death, and whose conviction or convictions are known to the funeral director; or (2) Any person who does not exercise the right of disposition within seventy-two (72) hours of notification of the decedent's death or within one hundred and sixty-eight (168) hours of the decedent's death, whichever is earlier. Acts 2012 , ch. 828, § 2.
A person entitled under § 62-5-703 to the right of disposition shall forfeit that right, and the right shall pass on to the next person in accordance with § 62-5-703 , in the following circumstances:
(1) Any person convicted of an offense described in § 39-13-202 , § 39-13-210 , or § 39-13-211 , in connection with the decedent's death, and whose conviction or convictions are known to the funeral director; or
(2) Any person who does not exercise the right of disposition within seventy-two (72) hours of notification of the decedent's death or within one hundred and sixty-eight (168) hours of the decedent's death, whichever is earlier.
Acts 2012 , ch. 828, § 2.
Tenn. Code Ann. § 62-38-203 — TN Code / Title 62 / Chapter 38 / Section 62-38-203
Inspections - Work areas - Premises and equipment
Status: in_force

(a) Before a permit to operate a tattoo establishment is granted, the local health department or its duly authorized agent shall inspect the premises in which the business is to be conducted. If the condition of the premises or its equipment does not conform to the requirements of this part, the local health department shall refuse to issue a permit. If the tattoo establishment conforms to the requirements of this part, the local health department or its duly authorized agent shall issue the permit requested. (b) Each studio where tattoos are administered shall provide a work area separate from any observers present. No smoking or eating shall take place in the tattoo work area. Clients shall be tattooed only while in the tattoo work area. (c) Adequate restroom facilities for clients and operators shall be provided within each studio. (d) A sink with hot and cold running water for handwashing and sterilization, other than a bathroom sink, shall be provided. Sinks shall be equipped with an antibacterial solution and single use towels. (e) All waste products shall be disposed of in accordance with universal precaution guidelines. All needles or other sharp instruments shall be segregated from other wastes and placed in an approved sharps container. (f) All furniture and fixtures necessary to the practice of tattooing shall be provided and constructed to ensure adequate cleaning and sanitation. Adequate lighting and ventilation shall be provided in the tattoo studio. Equipment necessary to provide for proper aseptic techniques and sterilization shall be provided, including an autoclave in good repair. Floors, ceilings, walls and restrooms shall be maintained in a sanitary condition. The studio and equipment shall be maintained in good repair and the premises shall be kept clean, neat and free of litter and rubbish. Acts 1996, ch. 1004, § 4.
(a) Before a permit to operate a tattoo establishment is granted, the local health department or its duly authorized agent shall inspect the premises in which the business is to be conducted. If the condition of the premises or its equipment does not conform to the requirements of this part, the local health department shall refuse to issue a permit. If the tattoo establishment conforms to the requirements of this part, the local health department or its duly authorized agent shall issue the permit requested.
(b) Each studio where tattoos are administered shall provide a work area separate from any observers present. No smoking or eating shall take place in the tattoo work area. Clients shall be tattooed only while in the tattoo work area.
(c) Adequate restroom facilities for clients and operators shall be provided within each studio.
(d) A sink with hot and cold running water for handwashing and sterilization, other than a bathroom sink, shall be provided. Sinks shall be equipped with an antibacterial solution and single use towels.
(e) All waste products shall be disposed of in accordance with universal precaution guidelines. All needles or other sharp instruments shall be segregated from other wastes and placed in an approved sharps container.
(f) All furniture and fixtures necessary to the practice of tattooing shall be provided and constructed to ensure adequate cleaning and sanitation. Adequate lighting and ventilation shall be provided in the tattoo studio. Equipment necessary to provide for proper aseptic techniques and sterilization shall be provided, including an autoclave in good repair. Floors, ceilings, walls and restrooms shall be maintained in a sanitary condition. The studio and equipment shall be maintained in good repair and the premises shall be kept clean, neat and free of litter and rubbish.
Acts 1996, ch. 1004, § 4.
Tenn. Code Ann. § 62-19-113 — TN Code / Title 62 / Chapter 19 / Section 62-19-113
Immunity of commissioners
Status: in_force

The commission is declared to be a quasi-judicial body and the members or the employees of the commission are granted immunity from civil liability when acting in good faith and in the performance of their duties as described in this chapter. Acts 1967, ch. 335, § 14; 1980, ch. 451, § 7; T.C.A., § 62-1914.
The commission is declared to be a quasi-judicial body and the members or the employees of the commission are granted immunity from civil liability when acting in good faith and in the performance of their duties as described in this chapter.
Acts 1967, ch. 335, § 14; 1980, ch. 451, § 7; T.C.A., § 62-1914.
Tenn. Code Ann. § 62-6-134 — TN Code / Title 62 / Chapter 6 / Section 62-6-134
Violations by residential contractors - Penalties
Status: in_force

(a) For each violation of § 62-6-133 by a residential contractor, the board is authorized to impose a civil penalty in an amount not to exceed twenty-five thousand dollars ($25,000) after notice and an opportunity for a hearing. The penalty shall be in addition to any other penalty authorized pursuant to this part. (b) In addition to the civil penalty authorized pursuant to subsection (a), a violation of § 62-6-133 shall be construed to constitute an unfair or deceptive act or practice affecting the conduct of trade or commerce under the Tennessee Consumer Protection Act of 1977, compiled in title 47, chapter 18, part 1; and, as such, the private right of action remedy under the Tennessee Consumer Protection Act of 1977 shall be available to any person who suffers an ascertainable loss of money or property, real, personal or mixed, or any other article, commodity or thing of value wherever situated as a result of the violation. Acts 2003 , ch. 368, § 3.
(a) For each violation of § 62-6-133 by a residential contractor, the board is authorized to impose a civil penalty in an amount not to exceed twenty-five thousand dollars ($25,000) after notice and an opportunity for a hearing. The penalty shall be in addition to any other penalty authorized pursuant to this part.
(b) In addition to the civil penalty authorized pursuant to subsection (a), a violation of § 62-6-133 shall be construed to constitute an unfair or deceptive act or practice affecting the conduct of trade or commerce under the Tennessee Consumer Protection Act of 1977, compiled in title 47, chapter 18, part 1; and, as such, the private right of action remedy under the Tennessee Consumer Protection Act of 1977 shall be available to any person who suffers an ascertainable loss of money or property, real, personal or mixed, or any other article, commodity or thing of value wherever situated as a result of the violation.
Acts 2003 , ch. 368, § 3.
Tenn. Code Ann. § 62-3-118 — TN Code / Title 62 / Chapter 3 / Section 62-3-118
Display of certificate
Status: in_force

Every holder of a certificate of registration shall: (1) Display the certificate in a conspicuous place adjacent to or near the holder's work chair; and (2) Promptly notify the board of any change of mailing address within thirty (30) calendar days of such change. Amended by 2015 Tenn. Acts, ch. 402,s 25, eff. 7/1/2015. Amended by 2015 Tenn. Acts, ch. 402,s 5, eff. 7/1/2015. Acts 1929, ch. 118, § 12; Code 1932, § 7128; T.C.A. (orig. ed.), § 62-319.
Every holder of a certificate of registration shall:
(1) Display the certificate in a conspicuous place adjacent to or near the holder's work chair; and
(2) Promptly notify the board of any change of mailing address within thirty (30) calendar days of such change.
Amended by 2015 Tenn. Acts, ch. 402,s 25, eff. 7/1/2015.
Amended by 2015 Tenn. Acts, ch. 402,s 5, eff. 7/1/2015.
Acts 1929, ch. 118, § 12; Code 1932, § 7128; T.C.A. (orig. ed.), § 62-319.
Tenn. Code Ann. § 62-6-101 — TN Code / Title 62 / Chapter 6 / Section 62-6-101
Short title
Status: in_force

This part shall be known and may be cited as the "Contractors Licensing Act of 1994." Acts 1976, ch. 822, § 1; T.C.A., § 62-601; Acts 1994, ch. 986, § 17.
This part shall be known and may be cited as the "Contractors Licensing Act of 1994."
Acts 1976, ch. 822, § 1; T.C.A., § 62-601; Acts 1994, ch. 986, § 17.
Tenn. Code Ann. § 62-9-109 — TN Code / Title 62 / Chapter 9 / Section 62-9-109
Offense of engaging in business of buying scrap metal without registration - Other offenses - Violations
Status: in_force

(a) It is an offense for a person to engage in the business of buying scrap metal without registering as a scrap metal dealer with the department or falsely registering with the department as a dealer. (b) A person engaged in the business of buying scrap metal, as a registered scrap metal dealer or otherwise, commits an offense who knowingly: (1) Purchases scrap metal: (A) That was not property of the seller and the seller did not have the authorization to sell the metal; or (B) That was unlawfully obtained by the seller; or (2) Commits any other act in violation of this chapter. (c) A violation of subsection (a) or (b) is a Class A misdemeanor, punishable only by fine, unless the value of the metal, in its original and undamaged condition, in addition to any costs which are, or would be, incurred in repairing or in the attempt to recover any property damaged in the theft or removal of such metal, is in an aggregate amount which exceeds five hundred dollars ($500). In such instance, such scrap metal dealer shall be guilty of a Class E felony and, upon conviction, shall be punished only by a fine of not more than five thousand dollars ($5,000). (d) (1) It is an offense for a person to sell or attempt to sell scrap metal knowing that the metal is stolen, whether by the person selling or by some other person. (2) A violation of subdivision (d)(1) shall be punished as theft and graded according to the value of the metal sold or attempted to be sold as provided in § 39-14-105 . (3) In determining the value of the metal sold or attempted to be sold for purposes of grading in subdivision (d)(2), the metal shall be valued in its original and undamaged condition, in addition to any costs which are, or would be, incurred in repairing or in the attempt to recover any property damaged in the theft or removal of such metal and not the amount by which the defendant sold or attempted to sell the metal. Acts 2008 , ch. 690, §1; 2012 , ch. 969, § 6.
(a) It is an offense for a person to engage in the business of buying scrap metal without registering as a scrap metal dealer with the department or falsely registering with the department as a dealer.
(b) A person engaged in the business of buying scrap metal, as a registered scrap metal dealer or otherwise, commits an offense who knowingly: (1) Purchases scrap metal: (A) That was not property of the seller and the seller did not have the authorization to sell the metal; or (B) That was unlawfully obtained by the seller; or (2) Commits any other act in violation of this chapter.
(1) Purchases scrap metal: (A) That was not property of the seller and the seller did not have the authorization to sell the metal; or (B) That was unlawfully obtained by the seller; or
(A) That was not property of the seller and the seller did not have the authorization to sell the metal; or
(B) That was unlawfully obtained by the seller; or
(2) Commits any other act in violation of this chapter.
(c) A violation of subsection (a) or (b) is a Class A misdemeanor, punishable only by fine, unless the value of the metal, in its original and undamaged condition, in addition to any costs which are, or would be, incurred in repairing or in the attempt to recover any property damaged in the theft or removal of such metal, is in an aggregate amount which exceeds five hundred dollars ($500). In such instance, such scrap metal dealer shall be guilty of a Class E felony and, upon conviction, shall be punished only by a fine of not more than five thousand dollars ($5,000).
(d) (1) It is an offense for a person to sell or attempt to sell scrap metal knowing that the metal is stolen, whether by the person selling or by some other person. (2) A violation of subdivision (d)(1) shall be punished as theft and graded according to the value of the metal sold or attempted to be sold as provided in § 39-14-105 . (3) In determining the value of the metal sold or attempted to be sold for purposes of grading in subdivision (d)(2), the metal shall be valued in its original and undamaged condition, in addition to any costs which are, or would be, incurred in repairing or in the attempt to recover any property damaged in the theft or removal of such metal and not the amount by which the defendant sold or attempted to sell the metal.
(1) It is an offense for a person to sell or attempt to sell scrap metal knowing that the metal is stolen, whether by the person selling or by some other person.
(2) A violation of subdivision (d)(1) shall be punished as theft and graded according to the value of the metal sold or attempted to be sold as provided in § 39-14-105 .
(3) In determining the value of the metal sold or attempted to be sold for purposes of grading in subdivision (d)(2), the metal shall be valued in its original and undamaged condition, in addition to any costs which are, or would be, incurred in repairing or in the attempt to recover any property damaged in the theft or removal of such metal and not the amount by which the defendant sold or attempted to sell the metal.
Acts 2008 , ch. 690, §1; 2012 , ch. 969, § 6.
Tenn. Code Ann. § 62-19-104 — TN Code / Title 62 / Chapter 19 / Section 62-19-104
Auctioneer commission
Status: in_force

(a) There is created in the division of regulatory boards the Tennessee auctioneer commission for issuing licenses to auctioneers and affiliate auctioneers engaged in the auction business. (b) (1) The commission shall be composed of five (5) members. The term of each member shall be three (3) years. The additional member appointed pursuant to Acts 1989, ch. 331 shall be appointed to serve a regular three-year term and shall meet the requirements of subdivision (b)(2). (2) Four (4) members of the commission shall be auctioneers. Each member shall have been actively and principally engaged as a licensed auctioneer for a period of no less than five (5) years next preceding the appointment, shall be of recognized standing in the member's branch of the auction business and shall be at least thirty (30) years of age and of good moral character. (3) One (1) member of the commission shall not be engaged in the auction business. The member shall be at least thirty (30) years of age and of good moral character and shall be appointed from the state at large. (4) (A) The new auctioneer member authorized by Acts 1989, ch. 331, shall be appointed from the state at large. (B) The governor, in making appointments of the auctioneer members to the commission, shall ensure that each grand division of the state is represented. (c) All members of the commission shall be appointed by the governor. In making appointments to the commission, the governor shall strive to ensure that at least one (1) person serving on the commission is sixty (60) years of age or older and that at least one (1) person serving on the commission is a member of a racial minority. (d) Each member shall hold over after the expiration of the member's term until a successor shall have been duly appointed and qualified. (e) The governor may remove any member of the commission for misconduct, incompetency or willful neglect of duty. Amended by 2019 Tenn. Acts, ch. 471, s 7, eff. 7/1/2019. Acts 1967, ch. 335, § 4; impl. am. Acts 1971, ch. 137, § 1; Acts 1979, ch. 29, §1; T.C.A., § 62-1904; Acts 1983, ch. 250, § 4; 1988, ch. 1013, § 34; 1989, ch. 331, § 1.
(a) There is created in the division of regulatory boards the Tennessee auctioneer commission for issuing licenses to auctioneers and affiliate auctioneers engaged in the auction business.
(b) (1) The commission shall be composed of five (5) members. The term of each member shall be three (3) years. The additional member appointed pursuant to Acts 1989, ch. 331 shall be appointed to serve a regular three-year term and shall meet the requirements of subdivision (b)(2). (2) Four (4) members of the commission shall be auctioneers. Each member shall have been actively and principally engaged as a licensed auctioneer for a period of no less than five (5) years next preceding the appointment, shall be of recognized standing in the member's branch of the auction business and shall be at least thirty (30) years of age and of good moral character. (3) One (1) member of the commission shall not be engaged in the auction business. The member shall be at least thirty (30) years of age and of good moral character and shall be appointed from the state at large. (4) (A) The new auctioneer member authorized by Acts 1989, ch. 331, shall be appointed from the state at large. (B) The governor, in making appointments of the auctioneer members to the commission, shall ensure that each grand division of the state is represented.
(1) The commission shall be composed of five (5) members. The term of each member shall be three (3) years. The additional member appointed pursuant to Acts 1989, ch. 331 shall be appointed to serve a regular three-year term and shall meet the requirements of subdivision (b)(2).
(2) Four (4) members of the commission shall be auctioneers. Each member shall have been actively and principally engaged as a licensed auctioneer for a period of no less than five (5) years next preceding the appointment, shall be of recognized standing in the member's branch of the auction business and shall be at least thirty (30) years of age and of good moral character.
(3) One (1) member of the commission shall not be engaged in the auction business. The member shall be at least thirty (30) years of age and of good moral character and shall be appointed from the state at large.
(4) (A) The new auctioneer member authorized by Acts 1989, ch. 331, shall be appointed from the state at large. (B) The governor, in making appointments of the auctioneer members to the commission, shall ensure that each grand division of the state is represented.
(A) The new auctioneer member authorized by Acts 1989, ch. 331, shall be appointed from the state at large.
(B) The governor, in making appointments of the auctioneer members to the commission, shall ensure that each grand division of the state is represented.
(c) All members of the commission shall be appointed by the governor. In making appointments to the commission, the governor shall strive to ensure that at least one (1) person serving on the commission is sixty (60) years of age or older and that at least one (1) person serving on the commission is a member of a racial minority.
(d) Each member shall hold over after the expiration of the member's term until a successor shall have been duly appointed and qualified.
(e) The governor may remove any member of the commission for misconduct, incompetency or willful neglect of duty.
Amended by 2019 Tenn. Acts, ch. 471, s 7, eff. 7/1/2019.
Acts 1967, ch. 335, § 4; impl. am. Acts 1971, ch. 137, § 1; Acts 1979, ch. 29, §1; T.C.A., § 62-1904; Acts 1983, ch. 250, § 4; 1988, ch. 1013, § 34; 1989, ch. 331, § 1.
Tenn. Code Ann. § 62-4-109 — TN Code / Title 62 / Chapter 4 / Section 62-4-109
Persons and activities exempt
Status: in_force

(a) The following persons are exempt from this part: (1) Persons and establishments engaged exclusively in massage, as defined by § 63-18-102 ; (2) Duly registered barbers and technicians operating in duly registered barber shops only; (3) Physicians and surgeons or trained nurses, trained nurses assistants, aides or similar personnel, acting solely in their professional capacities; (4) Any person rendering cosmetology services in the person's own home without charge to the recipient; (5) Any person who demonstrates or applies, or both, cosmetics without charge in a retail establishment; (6) Any person who engages in hair wrapping; provided, that the person posts a notice at the place of business indicating that the person is not licensed by the state board of cosmetology and barber examiners; and provided, further, that the person uses disposable instruments or implements that are sanitized in a disinfectant approved for hospital use or approved by the federal environmental protection agency. Before engaging in hair wrapping, a person shall attend sixteen (16) hours of training provided by a licensed school of cosmetology and shall receive a certificate indicating attendance at the training. The certificate shall be retained and displayed on request. The training shall consist of eight (8) hours concerning health and hygiene issues and eight (8) hours concerning relevant state law; (7) Any person whose occupation or practice is confined solely to shampooing; and (8) Any person who engages in hair braiding if the person complies with § 62-4-135 . (b) Nothing in this part shall be construed to apply to the educational activities conducted in connection with any special education program of any bona fide association of licensed cosmetologists from which the general public is excluded. (c) Notwithstanding this part, a licensed aesthetician may perform cosmetic microneedling if performed under the supervision of a physician licensed pursuant to title 63, chapter 6 or 9. Amended by 2024 Tenn. Acts, ch. 1060,s 11, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 1060,s 10, eff. 7/1/2024. Amended by 2021 Tenn. Acts, ch. 376, s 1, eff. 5/11/2021. Amended by 2019 Tenn. Acts, ch. 207, s 2, eff. 7/1/2019. Amended by 2017 Tenn. Acts, ch. 227, s 2, eff. 4/28/2017. Acts 1986, ch. 817, § 9; 1987, ch. 112, § 3; 1987, ch. 382, § 29; 1988, ch. 902, § 15; 1989, ch. 93, § 5; 2002, ch. 804, § 2.
(a) The following persons are exempt from this part: (1) Persons and establishments engaged exclusively in massage, as defined by § 63-18-102 ; (2) Duly registered barbers and technicians operating in duly registered barber shops only; (3) Physicians and surgeons or trained nurses, trained nurses assistants, aides or similar personnel, acting solely in their professional capacities; (4) Any person rendering cosmetology services in the person's own home without charge to the recipient; (5) Any person who demonstrates or applies, or both, cosmetics without charge in a retail establishment; (6) Any person who engages in hair wrapping; provided, that the person posts a notice at the place of business indicating that the person is not licensed by the state board of cosmetology and barber examiners; and provided, further, that the person uses disposable instruments or implements that are sanitized in a disinfectant approved for hospital use or approved by the federal environmental protection agency. Before engaging in hair wrapping, a person shall attend sixteen (16) hours of training provided by a licensed school of cosmetology and shall receive a certificate indicating attendance at the training. The certificate shall be retained and displayed on request. The training shall consist of eight (8) hours concerning health and hygiene issues and eight (8) hours concerning relevant state law; (7) Any person whose occupation or practice is confined solely to shampooing; and (8) Any person who engages in hair braiding if the person complies with § 62-4-135 .
(1) Persons and establishments engaged exclusively in massage, as defined by § 63-18-102 ;
(2) Duly registered barbers and technicians operating in duly registered barber shops only;
(3) Physicians and surgeons or trained nurses, trained nurses assistants, aides or similar personnel, acting solely in their professional capacities;
(4) Any person rendering cosmetology services in the person's own home without charge to the recipient;
(5) Any person who demonstrates or applies, or both, cosmetics without charge in a retail establishment;
(6) Any person who engages in hair wrapping; provided, that the person posts a notice at the place of business indicating that the person is not licensed by the state board of cosmetology and barber examiners; and provided, further, that the person uses disposable instruments or implements that are sanitized in a disinfectant approved for hospital use or approved by the federal environmental protection agency. Before engaging in hair wrapping, a person shall attend sixteen (16) hours of training provided by a licensed school of cosmetology and shall receive a certificate indicating attendance at the training. The certificate shall be retained and displayed on request. The training shall consist of eight (8) hours concerning health and hygiene issues and eight (8) hours concerning relevant state law;
(7) Any person whose occupation or practice is confined solely to shampooing; and
(8) Any person who engages in hair braiding if the person complies with § 62-4-135 .
(b) Nothing in this part shall be construed to apply to the educational activities conducted in connection with any special education program of any bona fide association of licensed cosmetologists from which the general public is excluded.
(c) Notwithstanding this part, a licensed aesthetician may perform cosmetic microneedling if performed under the supervision of a physician licensed pursuant to title 63, chapter 6 or 9.
Amended by 2024 Tenn. Acts, ch. 1060,s 11, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 1060,s 10, eff. 7/1/2024.
Amended by 2021 Tenn. Acts, ch. 376, s 1, eff. 5/11/2021.
Amended by 2019 Tenn. Acts, ch. 207, s 2, eff. 7/1/2019.
Amended by 2017 Tenn. Acts, ch. 227, s 2, eff. 4/28/2017.
Acts 1986, ch. 817, § 9; 1987, ch. 112, § 3; 1987, ch. 382, § 29; 1988, ch. 902, § 15; 1989, ch. 93, § 5; 2002, ch. 804, § 2.
Tenn. Code Ann. § 62-18-209 — TN Code / Title 62 / Chapter 18 / Section 62-18-209
Certificate of licensure
Status: in_force

(a) The commissioner shall issue a certificate of licensure, upon payment of a fee prescribed by the commissioner, to any applicant who complies with the requirements of this part. Certificates of licensure shall state the full name of the licensee, bear a certificate of licensure number and be signed by the commissioner under the seal of the commissioner. The commissioner shall consider and may implement all reasonable operating cost reductions suggested by the advisory committee in calculating any recurring or nonrecurring fees or additional charges to licensed professional soil scientists. (b) A certificate of licensure shall be valid for a period of two (2) years. A fee prescribed by the commissioner shall be imposed for each late certificate of licensure renewal. (c) A new certificate of licensure may be issued to replace any certificate of licensure lost, destroyed, or mutilated, subject to the rules of the commissioner and payment of a fee prescribed by the commissioner. (d) Upon a written request accompanied by a fee prescribed by the commissioner for change in status, a licensee shall be placed on retired or inactive status. No retired or inactive licensee shall engage in practicing soil science or services for which licensure as a soil scientist is required by this part. The commissioner shall prescribe rules outlining the procedure for placing a licensee in retired or inactive status and subsequent reinstatement to active status. Acts 2010, ch. 1032, § 10.
(a) The commissioner shall issue a certificate of licensure, upon payment of a fee prescribed by the commissioner, to any applicant who complies with the requirements of this part. Certificates of licensure shall state the full name of the licensee, bear a certificate of licensure number and be signed by the commissioner under the seal of the commissioner. The commissioner shall consider and may implement all reasonable operating cost reductions suggested by the advisory committee in calculating any recurring or nonrecurring fees or additional charges to licensed professional soil scientists.
(b) A certificate of licensure shall be valid for a period of two (2) years. A fee prescribed by the commissioner shall be imposed for each late certificate of licensure renewal.
(c) A new certificate of licensure may be issued to replace any certificate of licensure lost, destroyed, or mutilated, subject to the rules of the commissioner and payment of a fee prescribed by the commissioner.
(d) Upon a written request accompanied by a fee prescribed by the commissioner for change in status, a licensee shall be placed on retired or inactive status. No retired or inactive licensee shall engage in practicing soil science or services for which licensure as a soil scientist is required by this part. The commissioner shall prescribe rules outlining the procedure for placing a licensee in retired or inactive status and subsequent reinstatement to active status.
Acts 2010, ch. 1032, § 10.
Tenn. Code Ann. § 62-5-309 — TN Code / Title 62 / Chapter 5 / Section 62-5-309
Practice by unregistered persons prohibited
Status: in_force

(a) It is unlawful for any person not a registered funeral director or embalmer to engage in funeral directing or embalming. (b) It is unlawful for any person, partnership, firm, association or corporation not licensed as provided in this chapter to engage in the operation of a funeral establishment. Acts 1951, ch. 13, § 13 (Williams, § 7140.13); Acts 1968, ch. 542, § 3; T.C.A. (orig. ed.), § 62-516.
(a) It is unlawful for any person not a registered funeral director or embalmer to engage in funeral directing or embalming.
(b) It is unlawful for any person, partnership, firm, association or corporation not licensed as provided in this chapter to engage in the operation of a funeral establishment.
Acts 1951, ch. 13, § 13 (Williams, § 7140.13); Acts 1968, ch. 542, § 3; T.C.A. (orig. ed.), § 62-516.
Tenn. Code Ann. § 62-18-216 — TN Code / Title 62 / Chapter 18 / Section 62-18-216
Complaints against licensees
Status: in_force

Any person may file a complaint with the commissioner against a licensee alleging fraud, deceit, gross neglect, incompetence, or misconduct. Complaints shall be made in writing. Acts 2010, ch. 1032, § 17.
Any person may file a complaint with the commissioner against a licensee alleging fraud, deceit, gross neglect, incompetence, or misconduct. Complaints shall be made in writing.
Acts 2010, ch. 1032, § 17.
Tenn. Code Ann. § 62-20-119 — TN Code / Title 62 / Chapter 20 / Section 62-20-119
Confidentiality of information
Status: in_force

Any financial information submitted by applicants for or holders of licenses pursuant to this chapter shall be treated as confidential and shall be used by the board only for the purpose of determining qualifications to engage in the collection service business. Acts 1981, ch. 170, § 19.
Any financial information submitted by applicants for or holders of licenses pursuant to this chapter shall be treated as confidential and shall be used by the board only for the purpose of determining qualifications to engage in the collection service business.
Acts 1981, ch. 170, § 19.
Tenn. Code Ann. § 62-3-126 — TN Code / Title 62 / Chapter 3 / Section 62-3-126
Payments to students - Business for profit prohibited
Status: in_force

No barber school or college shall be approved by the board that will pay any wages, commissions or gratuities of any kind to barber students for barber work while in training or while enrolled as students in the school or college, and no barber business for profit shall be operated by or in connection with any barber school or college. Acts 1951, ch. 231, § 3 (Williams, § 7123); T.C.A. (orig. ed.), § 62-329.
No barber school or college shall be approved by the board that will pay any wages, commissions or gratuities of any kind to barber students for barber work while in training or while enrolled as students in the school or college, and no barber business for profit shall be operated by or in connection with any barber school or college.
Acts 1951, ch. 231, § 3 (Williams, § 7123); T.C.A. (orig. ed.), § 62-329.
Tenn. Code Ann. § 62-5-104 — TN Code / Title 62 / Chapter 5 / Section 62-5-104
Description of funeral merchandise
Status: in_force

(a) All receptacles and containers used for burial, entombment or other final disposition of a dead human body or the remains of a dead human body shall bear in a conspicuous location on the outside, concise wording describing the material of which the receptacle or container is formed or manufactured, such as, but not limited to, 20 gauge steel, 32 oz. copper, solid oak, 12 gauge steel, reinforced concrete, preformed concrete, soft wood box, etc. (b) Every person who violates this section commits a Class A misdemeanor, and upon conviction, shall be fined no less than one hundred dollars ($100) nor more than five hundred dollars ($500) per violation or shall be imprisoned for no less than ten (10) days nor more than ninety (90) days per violation, or both. (c) In addition to the other remedies, an action of injunction may be brought and maintained by the state of Tennessee or any other interested party or parties to enjoin the violation of this section. Acts 1972, ch. 553, § 4; T.C.A., §§ 62-536 -- 62-538; Acts 1989, ch. 591, §§ 1, 6.
(a) All receptacles and containers used for burial, entombment or other final disposition of a dead human body or the remains of a dead human body shall bear in a conspicuous location on the outside, concise wording describing the material of which the receptacle or container is formed or manufactured, such as, but not limited to, 20 gauge steel, 32 oz. copper, solid oak, 12 gauge steel, reinforced concrete, preformed concrete, soft wood box, etc.
(b) Every person who violates this section commits a Class A misdemeanor, and upon conviction, shall be fined no less than one hundred dollars ($100) nor more than five hundred dollars ($500) per violation or shall be imprisoned for no less than ten (10) days nor more than ninety (90) days per violation, or both.
(c) In addition to the other remedies, an action of injunction may be brought and maintained by the state of Tennessee or any other interested party or parties to enjoin the violation of this section.
Acts 1972, ch. 553, § 4; T.C.A., §§ 62-536 -- 62-538; Acts 1989, ch. 591, §§ 1, 6.
Tenn. Code Ann. § 62-5-708 — TN Code / Title 62 / Chapter 5 / Section 62-5-708
Reasonable reliance upon instructions
Status: in_force

No funeral establishment or funeral director who relies reasonably in good faith upon the instructions of a person claiming the right of disposition shall be subject to criminal or civil liability or subject to disciplinary action for carrying out the disposition of the remains in accordance with the instructions unless the funeral establishment or funeral director knew or had reason to know that the person did not have the right of disposition. Acts 2012, ch. 828, § 2.
No funeral establishment or funeral director who relies reasonably in good faith upon the instructions of a person claiming the right of disposition shall be subject to criminal or civil liability or subject to disciplinary action for carrying out the disposition of the remains in accordance with the instructions unless the funeral establishment or funeral director knew or had reason to know that the person did not have the right of disposition.
Acts 2012, ch. 828, § 2.
Tenn. Code Ann. § 62-21-122 — TN Code / Title 62 / Chapter 21 / Section 62-21-122
[Repealed]
Status: repealed

Repealed by 2020 Tenn. Acts, ch. 640, s 8, eff. 4/1/2020. Acts 1978, ch. 844, § 22; T.C.A., § 62-2122.
Repealed by 2020 Tenn. Acts, ch. 640, s 8, eff. 4/1/2020.
Acts 1978, ch. 844, § 22; T.C.A., § 62-2122.
Tenn. Code Ann. § 62-32-107 — TN Code / Title 62 / Chapter 32 / Section 62-32-107
Issuance of certificates and licenses - Copies - Transferability
Status: in_force

(a) (1) The department shall issue to qualified applicants a certificate of registration as a fire protection sprinkler system contractor upon receipt of a fee in an amount not to exceed five hundred dollars ($500). (2) The department shall issue to qualified applicants a license as a responsible managing employee upon receipt of a fee in an amount not to exceed two hundred dollars ($200). (3) Upon written request, the department shall issue a revised certificate. (b) Upon written request accompanied by a fee in an amount not to exceed seventy-five dollars ($75.00), the department shall issue a duplicate certificate of registration or license. (c) No certificate of registration or license shall be transferable. (d) No certificate of registration or license will be issued to any individual under eighteen (18) years of age. Acts 1984, ch. 949, § 7; 1985, ch. 209, § 6; 2005, ch. 183, § 2.
(a) (1) The department shall issue to qualified applicants a certificate of registration as a fire protection sprinkler system contractor upon receipt of a fee in an amount not to exceed five hundred dollars ($500). (2) The department shall issue to qualified applicants a license as a responsible managing employee upon receipt of a fee in an amount not to exceed two hundred dollars ($200). (3) Upon written request, the department shall issue a revised certificate.
(1) The department shall issue to qualified applicants a certificate of registration as a fire protection sprinkler system contractor upon receipt of a fee in an amount not to exceed five hundred dollars ($500).
(2) The department shall issue to qualified applicants a license as a responsible managing employee upon receipt of a fee in an amount not to exceed two hundred dollars ($200).
(3) Upon written request, the department shall issue a revised certificate.
(b) Upon written request accompanied by a fee in an amount not to exceed seventy-five dollars ($75.00), the department shall issue a duplicate certificate of registration or license.
(c) No certificate of registration or license shall be transferable.
(d) No certificate of registration or license will be issued to any individual under eighteen (18) years of age.
Acts 1984, ch. 949, § 7; 1985, ch. 209, § 6; 2005, ch. 183, § 2.
Tenn. Code Ann. § 62-36-101 — TN Code / Title 62 / Chapter 36 / Section 62-36-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Geologist Licensure Act of 2007." Acts 2007, ch. 495, § 2.
This chapter shall be known and may be cited as the "Geologist Licensure Act of 2007."
Acts 2007, ch. 495, § 2.
Tenn. Code Ann. § 62-6-412 — TN Code / Title 62 / Chapter 6 / Section 62-6-412
Violations
Status: in_force

Any person who engages or offers to engage in plumbing work without a license as required by this part or who violates this part or any rule or regulation duly promulgated under this part commits a Class A misdemeanor. Acts 2004, ch. 826, § 13.
Any person who engages or offers to engage in plumbing work without a license as required by this part or who violates this part or any rule or regulation duly promulgated under this part commits a Class A misdemeanor.
Acts 2004, ch. 826, § 13.
Tenn. Code Ann. § 62-13-404 — TN Code / Title 62 / Chapter 13 / Section 62-13-404
Duty owed to licensee's client
Status: in_force

Any licensee who acts as an agent in a transaction regulated by this chapter owes to the licensee's client in that transaction the following duties, to: (1) Obey all lawful instructions of the client when the instructions are within the scope of the agency agreement between licensee and licensee's client; (2) Be loyal to the interests of the client. A licensee must place the interests of the client before all others in negotiation of a transaction and in other activities, except where the loyalty duty would violate licensee's duties to a customer under § 62-13-402 or a licensee's duties to another client in a dual agency; and (3) (A) Unless the following duties are specifically and individually waived, in writing by a client, a licensee shall assist the client by: (i) Scheduling all property showings on behalf of the client; (ii) Receiving all offers and counter offers and forwarding them promptly to the client; (iii) Answering any questions that the client may have in negotiation of a successful purchase agreement within the scope of the licensee's expertise; and (iv) Advising the client as to whatever forms, procedures and steps are needed after execution of the purchase agreement for a successful closing of the transaction; (B) Upon waiver of any of the duties in subdivision (3)(A), a consumer shall be advised in writing by the consumer's agent that the consumer may not expect or seek assistance from any other licensees in the transaction for the performance of the duties in subdivision (3)(A). Acts 1995, ch. 246, § 6; 1996, ch. 772, § 7; 2006, ch. 738, § 2.
Any licensee who acts as an agent in a transaction regulated by this chapter owes to the licensee's client in that transaction the following duties, to:
(1) Obey all lawful instructions of the client when the instructions are within the scope of the agency agreement between licensee and licensee's client;
(2) Be loyal to the interests of the client. A licensee must place the interests of the client before all others in negotiation of a transaction and in other activities, except where the loyalty duty would violate licensee's duties to a customer under § 62-13-402 or a licensee's duties to another client in a dual agency; and
(3) (A) Unless the following duties are specifically and individually waived, in writing by a client, a licensee shall assist the client by: (i) Scheduling all property showings on behalf of the client; (ii) Receiving all offers and counter offers and forwarding them promptly to the client; (iii) Answering any questions that the client may have in negotiation of a successful purchase agreement within the scope of the licensee's expertise; and (iv) Advising the client as to whatever forms, procedures and steps are needed after execution of the purchase agreement for a successful closing of the transaction; (B) Upon waiver of any of the duties in subdivision (3)(A), a consumer shall be advised in writing by the consumer's agent that the consumer may not expect or seek assistance from any other licensees in the transaction for the performance of the duties in subdivision (3)(A).
(A) Unless the following duties are specifically and individually waived, in writing by a client, a licensee shall assist the client by: (i) Scheduling all property showings on behalf of the client; (ii) Receiving all offers and counter offers and forwarding them promptly to the client; (iii) Answering any questions that the client may have in negotiation of a successful purchase agreement within the scope of the licensee's expertise; and (iv) Advising the client as to whatever forms, procedures and steps are needed after execution of the purchase agreement for a successful closing of the transaction;
(i) Scheduling all property showings on behalf of the client;
(ii) Receiving all offers and counter offers and forwarding them promptly to the client;
(iii) Answering any questions that the client may have in negotiation of a successful purchase agreement within the scope of the licensee's expertise; and
(iv) Advising the client as to whatever forms, procedures and steps are needed after execution of the purchase agreement for a successful closing of the transaction;
(B) Upon waiver of any of the duties in subdivision (3)(A), a consumer shall be advised in writing by the consumer's agent that the consumer may not expect or seek assistance from any other licensees in the transaction for the performance of the duties in subdivision (3)(A).
Acts 1995, ch. 246, § 6; 1996, ch. 772, § 7; 2006, ch. 738, § 2.
Tenn. Code Ann. § 62-35-141 — TN Code / Title 62 / Chapter 35 / Section 62-35-141
Notification and uniform requirements for peace officers providing security outside of primary jurisdiction
Status: in_force

(a) (1) Notwithstanding any provision of this chapter to the contrary, if a full-time sworn peace officer is working to provide uniformed security, direct traffic, exercise crowd control or perform any other such duty in a jurisdiction other than the officer's primary jurisdiction, then the chief law enforcement officer of the jurisdiction in which the full-time sworn peace officer is working shall be notified of the location of the officer's assignment as well as the length of the assignment. For work performed in unincorporated areas of a county or within the limits of a municipality that does not maintain a police department, the chief law enforcement officer of the jurisdiction is the county sheriff. For work performed within the limits of a municipality that maintains a police department, the chief law enforcement officer of the jurisdiction is the municipal police chief. (2) Notice shall be provided in writing by the employer of the full-time sworn peace officer within five (5) days prior to the date of first service, unless other arrangements are made with the chief law enforcement officer of the jurisdiction. (b) (1) While a full-time sworn peace officer certified pursuant to § 38-8-107 is employed in a jurisdiction other than the full-time sworn peace officer's primary jurisdiction, the officer's clothing shall bear insignia and markings clearly designating that the peace officer is a private duty law enforcement officer. The Tennessee peace officer standards and training commission, created by title 38, chapter 8, part 1, shall establish design criteria for the insignia and markings. (2) Notwithstanding subdivision (b)(1), a full-time sworn peace officer certified pursuant to § 38-8-107 , while employed in a jurisdiction other than the officer's primary jurisdiction, may wear the primary jurisdiction's uniform, if the jurisdiction has authorized its officers to do so. The jurisdiction may establish reasonable regulations for the wearing of its uniforms during the employment. (c) This section shall only apply to sworn peace officers engaged in employment outside their primary jurisdiction and within a county having a: (1) Metropolitan form of government and a population greater than one hundred thousand (100,000), according to the 2000 federal census or any subsequent federal census; or (2) Population of no less than one hundred eighty-two thousand (182,000) nor greater than one hundred eight-three thousand (183,000), according to the 2000 federal census or any subsequent federal census. Acts 2002, ch. 846, §1; 2003 , ch. 222, § 1.
(a) (1) Notwithstanding any provision of this chapter to the contrary, if a full-time sworn peace officer is working to provide uniformed security, direct traffic, exercise crowd control or perform any other such duty in a jurisdiction other than the officer's primary jurisdiction, then the chief law enforcement officer of the jurisdiction in which the full-time sworn peace officer is working shall be notified of the location of the officer's assignment as well as the length of the assignment. For work performed in unincorporated areas of a county or within the limits of a municipality that does not maintain a police department, the chief law enforcement officer of the jurisdiction is the county sheriff. For work performed within the limits of a municipality that maintains a police department, the chief law enforcement officer of the jurisdiction is the municipal police chief. (2) Notice shall be provided in writing by the employer of the full-time sworn peace officer within five (5) days prior to the date of first service, unless other arrangements are made with the chief law enforcement officer of the jurisdiction.
(1) Notwithstanding any provision of this chapter to the contrary, if a full-time sworn peace officer is working to provide uniformed security, direct traffic, exercise crowd control or perform any other such duty in a jurisdiction other than the officer's primary jurisdiction, then the chief law enforcement officer of the jurisdiction in which the full-time sworn peace officer is working shall be notified of the location of the officer's assignment as well as the length of the assignment. For work performed in unincorporated areas of a county or within the limits of a municipality that does not maintain a police department, the chief law enforcement officer of the jurisdiction is the county sheriff. For work performed within the limits of a municipality that maintains a police department, the chief law enforcement officer of the jurisdiction is the municipal police chief.
(2) Notice shall be provided in writing by the employer of the full-time sworn peace officer within five (5) days prior to the date of first service, unless other arrangements are made with the chief law enforcement officer of the jurisdiction.
(b) (1) While a full-time sworn peace officer certified pursuant to § 38-8-107 is employed in a jurisdiction other than the full-time sworn peace officer's primary jurisdiction, the officer's clothing shall bear insignia and markings clearly designating that the peace officer is a private duty law enforcement officer. The Tennessee peace officer standards and training commission, created by title 38, chapter 8, part 1, shall establish design criteria for the insignia and markings. (2) Notwithstanding subdivision (b)(1), a full-time sworn peace officer certified pursuant to § 38-8-107 , while employed in a jurisdiction other than the officer's primary jurisdiction, may wear the primary jurisdiction's uniform, if the jurisdiction has authorized its officers to do so. The jurisdiction may establish reasonable regulations for the wearing of its uniforms during the employment.
(1) While a full-time sworn peace officer certified pursuant to § 38-8-107 is employed in a jurisdiction other than the full-time sworn peace officer's primary jurisdiction, the officer's clothing shall bear insignia and markings clearly designating that the peace officer is a private duty law enforcement officer. The Tennessee peace officer standards and training commission, created by title 38, chapter 8, part 1, shall establish design criteria for the insignia and markings.
(2) Notwithstanding subdivision (b)(1), a full-time sworn peace officer certified pursuant to § 38-8-107 , while employed in a jurisdiction other than the officer's primary jurisdiction, may wear the primary jurisdiction's uniform, if the jurisdiction has authorized its officers to do so. The jurisdiction may establish reasonable regulations for the wearing of its uniforms during the employment.
(c) This section shall only apply to sworn peace officers engaged in employment outside their primary jurisdiction and within a county having a: (1) Metropolitan form of government and a population greater than one hundred thousand (100,000), according to the 2000 federal census or any subsequent federal census; or (2) Population of no less than one hundred eighty-two thousand (182,000) nor greater than one hundred eight-three thousand (183,000), according to the 2000 federal census or any subsequent federal census.
(1) Metropolitan form of government and a population greater than one hundred thousand (100,000), according to the 2000 federal census or any subsequent federal census; or
(2) Population of no less than one hundred eighty-two thousand (182,000) nor greater than one hundred eight-three thousand (183,000), according to the 2000 federal census or any subsequent federal census.
Acts 2002, ch. 846, §1; 2003 , ch. 222, § 1.
Tenn. Code Ann. § 62-18-202 — TN Code / Title 62 / Chapter 18 / Section 62-18-202
Legislative findings - Purpose
Status: in_force

The general assembly finds that the competent and proper application of soil science principles by soil scientists is vital to the lives, property, economy, security, and environment of the people of this state. In order to safeguard life, health, and property and to promote the public welfare, the practice of soil science in this state is hereby declared to be subject to regulation in the public interest. Furthermore, the practice of soil science is hereby declared a learned profession to be practiced and regulated as such, and its practitioners in this state shall be held accountable to the state and members of the public by high professional standards in keeping with the ethics and practices of other learned professions in this state. The purpose of this part is to introduce additional qualifying criteria in a professional field at present only partially regulated, thereby benefiting the safety, health, and property of the people of Tennessee and promoting the public welfare. The fields of soil science expected to benefit are those related to the environment, soil classification and mapping, the inventory of the soil as a resource, basic soil science research, and other soil science matters of concern to the people of this state. This legislation does not attempt to infringe upon the current licensed professions of engineers, geologists, surveyors, or the persons who work directly for them as either their employees or as subcontractors. This legislation differentiates the principles of soil science from those respected and established fields. Acts 2010, ch. 1032, § 3.
The general assembly finds that the competent and proper application of soil science principles by soil scientists is vital to the lives, property, economy, security, and environment of the people of this state. In order to safeguard life, health, and property and to promote the public welfare, the practice of soil science in this state is hereby declared to be subject to regulation in the public interest. Furthermore, the practice of soil science is hereby declared a learned profession to be practiced and regulated as such, and its practitioners in this state shall be held accountable to the state and members of the public by high professional standards in keeping with the ethics and practices of other learned professions in this state. The purpose of this part is to introduce additional qualifying criteria in a professional field at present only partially regulated, thereby benefiting the safety, health, and property of the people of Tennessee and promoting the public welfare. The fields of soil science expected to benefit are those related to the environment, soil classification and mapping, the inventory of the soil as a resource, basic soil science research, and other soil science matters of concern to the people of this state. This legislation does not attempt to infringe upon the current licensed professions of engineers, geologists, surveyors, or the persons who work directly for them as either their employees or as subcontractors. This legislation differentiates the principles of soil science from those respected and established fields.
Acts 2010, ch. 1032, § 3.
Tenn. Code Ann. § 62-26-214 — TN Code / Title 62 / Chapter 26 / Section 62-26-214
Investigations company - Change in ownership
Status: in_force

(a) If the ownership of an investigations company changes, the new owner, if not already a licensee, may not operate that company more than thirty (30) days after the date of the change of ownership unless, within the thirty-day period, the new owner submits an application for a license. If the application is submitted, the new owner may continue to operate the company until the application has been finally determined by the commissioner. (b) For good cause, the commissioner may extend the period for submitting an application pursuant to subsection (a) for a reasonable time. Acts 1990, ch. 780, § 15; 1991, ch. 457, § 17.
(a) If the ownership of an investigations company changes, the new owner, if not already a licensee, may not operate that company more than thirty (30) days after the date of the change of ownership unless, within the thirty-day period, the new owner submits an application for a license. If the application is submitted, the new owner may continue to operate the company until the application has been finally determined by the commissioner.
(b) For good cause, the commissioner may extend the period for submitting an application pursuant to subsection (a) for a reasonable time.
Acts 1990, ch. 780, § 15; 1991, ch. 457, § 17.
Tenn. Code Ann. § 62-35-112 — TN Code / Title 62 / Chapter 35 / Section 62-35-112
Licensee to notify commissioner of certain changes in status
Status: in_force

A licensee shall notify the commissioner in writing within thirty (30) days of: (1) Any change in the qualifying agent or principal corporate officers identified in its application for license; (2) Any material change in the information previously furnished or required to be furnished to the commissioner; or (3) Any occurrence that could reasonably be expected to affect the licensee's right to a license under this chapter. Acts 1987, ch. 436, § 12.
A licensee shall notify the commissioner in writing within thirty (30) days of:
(1) Any change in the qualifying agent or principal corporate officers identified in its application for license;
(2) Any material change in the information previously furnished or required to be furnished to the commissioner; or
(3) Any occurrence that could reasonably be expected to affect the licensee's right to a license under this chapter.
Acts 1987, ch. 436, § 12.
Tenn. Code Ann. § 62-13-204 — TN Code / Title 62 / Chapter 13 / Section 62-13-204
Regulation of fees or commissions
Status: in_force

Nothing in this chapter shall allow the commission to set fees or commissions for real estate contracts or transactions; and if the practice is found to be in actual practice in the field, if because of action of the commission, all members of the commission shall forfeit their licenses. Acts 1973, ch. 181, § 21; T.C.A., § 62-1312.
Nothing in this chapter shall allow the commission to set fees or commissions for real estate contracts or transactions; and if the practice is found to be in actual practice in the field, if because of action of the commission, all members of the commission shall forfeit their licenses.
Acts 1973, ch. 181, § 21; T.C.A., § 62-1312.
Tenn. Code Ann. § 62-20-115 — TN Code / Title 62 / Chapter 20 / Section 62-20-115
Investigations - Denial, revocation or suspension of licenses
Status: in_force

(a) (1) The board may, upon its own motion, or shall, upon the sworn complaint in writing of any person, investigate any collection service or licensee operating in the state. (2) The board shall transmit any such complaint within fifteen (15) days of receipt of the complaint to the accused licensee by first-class mail. (3) The licensee shall, within twenty (20) days, file with the board the licensee's sworn answer to the complaint. (b) The board may suspend, revoke or refuse to renew any license held under this chapter for any of the following causes: (1) Obtaining a license through misrepresentation or fraud; (2) Collecting or attempting to collect from the debtor any fee, commission or other compensation not provided by law for collection services rendered to a client, except that a collection service may recover from debtors reasonable charges imposed by banks for processing insufficient fund checks; provided, that the charges do not exceed nine dollars ($9.00) per check; (3) Failing to report and pay to a client the net proceeds of all collections made during a calendar month within thirty (30) days, unless otherwise provided by mutual agreement between the licensee and the client; (4) Violating or cooperating with others in violating any provision of this chapter or any rule lawfully promulgated by the board; (5) Failing to comply with any applicable state or federal law or regulation pertaining to the credit and collection industry; and (6) Any cause for which issuance of a license could have been refused had it existed and been known to the board at the time of issuance. Amended by 2021 Tenn. Acts, ch. 549, s 35, eff. 10/1/2021. Acts 1981, ch. 170, § 15; 1987, ch. 292, § 1; 1988, ch. 823, §§27, 28; 1998, ch. 843, § 1.
(a) (1) The board may, upon its own motion, or shall, upon the sworn complaint in writing of any person, investigate any collection service or licensee operating in the state. (2) The board shall transmit any such complaint within fifteen (15) days of receipt of the complaint to the accused licensee by first-class mail. (3) The licensee shall, within twenty (20) days, file with the board the licensee's sworn answer to the complaint.
(1) The board may, upon its own motion, or shall, upon the sworn complaint in writing of any person, investigate any collection service or licensee operating in the state.
(2) The board shall transmit any such complaint within fifteen (15) days of receipt of the complaint to the accused licensee by first-class mail.
(3) The licensee shall, within twenty (20) days, file with the board the licensee's sworn answer to the complaint.
(b) The board may suspend, revoke or refuse to renew any license held under this chapter for any of the following causes: (1) Obtaining a license through misrepresentation or fraud; (2) Collecting or attempting to collect from the debtor any fee, commission or other compensation not provided by law for collection services rendered to a client, except that a collection service may recover from debtors reasonable charges imposed by banks for processing insufficient fund checks; provided, that the charges do not exceed nine dollars ($9.00) per check; (3) Failing to report and pay to a client the net proceeds of all collections made during a calendar month within thirty (30) days, unless otherwise provided by mutual agreement between the licensee and the client; (4) Violating or cooperating with others in violating any provision of this chapter or any rule lawfully promulgated by the board; (5) Failing to comply with any applicable state or federal law or regulation pertaining to the credit and collection industry; and (6) Any cause for which issuance of a license could have been refused had it existed and been known to the board at the time of issuance.
(1) Obtaining a license through misrepresentation or fraud;
(2) Collecting or attempting to collect from the debtor any fee, commission or other compensation not provided by law for collection services rendered to a client, except that a collection service may recover from debtors reasonable charges imposed by banks for processing insufficient fund checks; provided, that the charges do not exceed nine dollars ($9.00) per check;
(3) Failing to report and pay to a client the net proceeds of all collections made during a calendar month within thirty (30) days, unless otherwise provided by mutual agreement between the licensee and the client;
(4) Violating or cooperating with others in violating any provision of this chapter or any rule lawfully promulgated by the board;
(5) Failing to comply with any applicable state or federal law or regulation pertaining to the credit and collection industry; and
(6) Any cause for which issuance of a license could have been refused had it existed and been known to the board at the time of issuance.
Amended by 2021 Tenn. Acts, ch. 549, s 35, eff. 10/1/2021.
Acts 1981, ch. 170, § 15; 1987, ch. 292, § 1; 1988, ch. 823, §§27, 28; 1998, ch. 843, § 1.
Tenn. Code Ann. § 62-6-306 — TN Code / Title 62 / Chapter 6 / Section 62-6-306
Issuance of license - Expiration - Roster of licensees - Notification of changes
Status: in_force

(a) If the commissioner determines that an applicant meets the requirements of this part and is qualified for a home inspector license, the commissioner shall issue a license to the applicant that shall expire two (2) years following the date of issuance, unless revoked or suspended prior to the expiration date. The expiration date of the license shall appear on the license and no other notice of its expiration need be given to its holder. The commissioner shall maintain a roster, which shall be made available to the public, showing the name and place of business of each home inspector currently licensed. A licensee shall notify the commissioner immediately of any change of name, name under which the licensee conducts business or business address. (b) An action taken under this section shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title. Amended by 2018 Tenn. Acts, ch. 745,s 6, eff. 7/1/2018. Acts 2005, ch. 65, § 7.
(a) If the commissioner determines that an applicant meets the requirements of this part and is qualified for a home inspector license, the commissioner shall issue a license to the applicant that shall expire two (2) years following the date of issuance, unless revoked or suspended prior to the expiration date. The expiration date of the license shall appear on the license and no other notice of its expiration need be given to its holder. The commissioner shall maintain a roster, which shall be made available to the public, showing the name and place of business of each home inspector currently licensed. A licensee shall notify the commissioner immediately of any change of name, name under which the licensee conducts business or business address.
(b) An action taken under this section shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title.
Amended by 2018 Tenn. Acts, ch. 745,s 6, eff. 7/1/2018.
Acts 2005, ch. 65, § 7.
Tenn. Code Ann. § 62-6-601 — TN Code / Title 62 / Chapter 6 / Section 62-6-601
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Agent" means any officer, director, owner, employee, contractor or any other person authorized to act on behalf of a residential roofing services provider; (2) "Contract" means a contract in this state between a person and a residential roofing services provider for the provision of goods or services related to the repair or replacement of a roof system the costs of which the residential roofing services provider represents are to be paid, or are likely to be paid, in whole or in part, from the proceeds of a property and casualty insurance policy; (3) "Emergency repairs" means goods or services provided for the purpose of making urgent and necessary repairs to the roof system of residential real estate if, without such repairs, damage to the residential real estate would occur; (4) "Person" means an individual or entity; (5) "Residential real estate" means a new or existing building constructed for habitation by one to four (1-4) families, and includes the building's garage, even if the garage is detached from such building; (6) "Residential roofing services provider": (A) Means a person in the business of contracting or offering to contract with owners of residential real estate to repair or replace roof systems, or the agent of such person; and (B) Does not mean a person engaged in the demolition of a structure or cleanup of construction waste and debris that contains roofing material; and (7) "Roof system" means a roof covering, roof sheathing, roof weatherproofing, roof framing, roof ventilation system, or insulation for residential real estate. Acts 2012, ch. 821, § 2.
As used in this part, unless the context otherwise requires:
(1) "Agent" means any officer, director, owner, employee, contractor or any other person authorized to act on behalf of a residential roofing services provider;
(2) "Contract" means a contract in this state between a person and a residential roofing services provider for the provision of goods or services related to the repair or replacement of a roof system the costs of which the residential roofing services provider represents are to be paid, or are likely to be paid, in whole or in part, from the proceeds of a property and casualty insurance policy;
(3) "Emergency repairs" means goods or services provided for the purpose of making urgent and necessary repairs to the roof system of residential real estate if, without such repairs, damage to the residential real estate would occur;
(4) "Person" means an individual or entity;
(5) "Residential real estate" means a new or existing building constructed for habitation by one to four (1-4) families, and includes the building's garage, even if the garage is detached from such building;
(6) "Residential roofing services provider": (A) Means a person in the business of contracting or offering to contract with owners of residential real estate to repair or replace roof systems, or the agent of such person; and (B) Does not mean a person engaged in the demolition of a structure or cleanup of construction waste and debris that contains roofing material; and
(A) Means a person in the business of contracting or offering to contract with owners of residential real estate to repair or replace roof systems, or the agent of such person; and
(B) Does not mean a person engaged in the demolition of a structure or cleanup of construction waste and debris that contains roofing material; and
(7) "Roof system" means a roof covering, roof sheathing, roof weatherproofing, roof framing, roof ventilation system, or insulation for residential real estate.
Acts 2012, ch. 821, § 2.
Tenn. Code Ann. § 62-18-125 — TN Code / Title 62 / Chapter 18 / Section 62-18-125
Schedule of fees
Status: in_force

(a) The board shall establish a schedule of fees for the following categories: (1) Examination fee; (2) Licensing fee; and (3) Renewal fee. (b) The board shall, in compliance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, promulgate necessary rules and regulations to establish the schedule of fees authorized by this section. Acts 1985, ch. 147, § 5; 1989, ch. 523, § 157.
(a) The board shall establish a schedule of fees for the following categories: (1) Examination fee; (2) Licensing fee; and (3) Renewal fee.
(1) Examination fee;
(2) Licensing fee; and
(3) Renewal fee.
(b) The board shall, in compliance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, promulgate necessary rules and regulations to establish the schedule of fees authorized by this section.
Acts 1985, ch. 147, § 5; 1989, ch. 523, § 157.
Tenn. Code Ann. § 62-6-109 — TN Code / Title 62 / Chapter 6 / Section 62-6-109
Board meetings - Officers
Status: in_force

(a) The board shall meet at least six (6) times each year for the purpose of transacting business. (b) At the first meeting of each calendar year the board shall elect officers, including a chair, vice chair and secretary. (c) Special meetings of the board shall be held at times that the board may provide. (d) Five (5) members shall constitute a quorum at a board meeting. (e) Due notice of each meeting and the time and place of the meeting shall be given each member in the manner that the bylaws may provide. (f) The board shall meet in each grand division at least one (1) time each year. (g) The board may specify by rules and regulations specific board actions that may be taken by the executive director without a meeting of the board. The actions shall be limited to increases in the monetary limits and timely consideration of licensure applications or renewal applications for which there are no evident impediments to licensure and for which loss of substantial business is imminent if licensure is delayed. Notice of emergency actions shall be posted on the board's website and shall be scheduled as the first agenda item at the next scheduled meeting of the board in order that the board may review and, in its discretion, modify the actions of the executive director. Acts 1976, ch. 822, § 10; 1979, ch. 59, § 8; T.C.A., § 62-610; Acts 1984, ch. 676, § 8; 1989, ch. 487, § 2; 1994, ch. 986, § 3; 2001, ch. 222, §§ 1, 2; 2007, ch. 191, § 1.
(a) The board shall meet at least six (6) times each year for the purpose of transacting business.
(b) At the first meeting of each calendar year the board shall elect officers, including a chair, vice chair and secretary.
(c) Special meetings of the board shall be held at times that the board may provide.
(d) Five (5) members shall constitute a quorum at a board meeting.
(e) Due notice of each meeting and the time and place of the meeting shall be given each member in the manner that the bylaws may provide.
(f) The board shall meet in each grand division at least one (1) time each year.
(g) The board may specify by rules and regulations specific board actions that may be taken by the executive director without a meeting of the board. The actions shall be limited to increases in the monetary limits and timely consideration of licensure applications or renewal applications for which there are no evident impediments to licensure and for which loss of substantial business is imminent if licensure is delayed. Notice of emergency actions shall be posted on the board's website and shall be scheduled as the first agenda item at the next scheduled meeting of the board in order that the board may review and, in its discretion, modify the actions of the executive director.
Acts 1976, ch. 822, § 10; 1979, ch. 59, § 8; T.C.A., § 62-610; Acts 1984, ch. 676, § 8; 1989, ch. 487, § 2; 1994, ch. 986, § 3; 2001, ch. 222, §§ 1, 2; 2007, ch. 191, § 1.
Tenn. Code Ann. § 62-18-110 — TN Code / Title 62 / Chapter 18 / Section 62-18-110
Reciprocity
Status: in_force

Any applicant may, in the absence of disqualifying evidence, be deemed by the board to be fully qualified to practice land surveying if the applicant holds a like unexpired certificate of registration issued to the applicant after examination by proper authority in the District of Columbia or in any state or territory in the United States in which the examination and requirements for the registration of land surveyors are of a standard satisfactory to the board. Acts 1969, ch. 207, § 10; T.C.A., § 62-1810.
Any applicant may, in the absence of disqualifying evidence, be deemed by the board to be fully qualified to practice land surveying if the applicant holds a like unexpired certificate of registration issued to the applicant after examination by proper authority in the District of Columbia or in any state or territory in the United States in which the examination and requirements for the registration of land surveyors are of a standard satisfactory to the board.
Acts 1969, ch. 207, § 10; T.C.A., § 62-1810.
Tenn. Code Ann. § 62-39-420 — TN Code / Title 62 / Chapter 39 / Section 62-39-420
Prohibited requirements
Status: in_force

An appraisal management company shall not: (1) Require an appraiser to modify any aspect of an appraisal report unless the modification complies with § 62-39-419 ; (2) Require an appraiser to prepare an appraisal if the appraiser, in the appraiser's own independent professional judgment, believes the appraiser does not have the necessary expertise for the assignment or for the specific geographic area and has notified the AMC and declined the assignment; (3) Require an appraiser to prepare an appraisal under a time frame that the appraiser, in the appraiser's own professional judgment, believes does not afford the appraiser the ability to meet all the relevant legal and professional obligations if the appraiser has notified the AMC and declined the assignment; (4) Prohibit or inhibit legal or other allowable communication between the appraiser and: (A) The lender; (B) A real estate licensee; or (C) Any other person from whom the appraiser, in the appraiser's own professional judgment, believes information would be relevant; (5) Knowingly require the appraiser to do anything that does not comply with: (A) USPAP; (B) The State Licensing and Certified Real Estate Appraisers Law, compiled in this chapter, or the rules promulgated thereunder; or (C) Any assignment conditions and certifications required by the client; or (6) Make any portion of the appraiser's fee or the AMC's fee contingent on a predetermined or favorable outcome, including but not limited to: (A) A loan closing; or (B) Specific dollar amount being achieved by the appraiser in the appraisal. Acts 2010 , ch. 963, § 21.
An appraisal management company shall not:
(1) Require an appraiser to modify any aspect of an appraisal report unless the modification complies with § 62-39-419 ;
(2) Require an appraiser to prepare an appraisal if the appraiser, in the appraiser's own independent professional judgment, believes the appraiser does not have the necessary expertise for the assignment or for the specific geographic area and has notified the AMC and declined the assignment;
(3) Require an appraiser to prepare an appraisal under a time frame that the appraiser, in the appraiser's own professional judgment, believes does not afford the appraiser the ability to meet all the relevant legal and professional obligations if the appraiser has notified the AMC and declined the assignment;
(4) Prohibit or inhibit legal or other allowable communication between the appraiser and: (A) The lender; (B) A real estate licensee; or (C) Any other person from whom the appraiser, in the appraiser's own professional judgment, believes information would be relevant;
(A) The lender;
(B) A real estate licensee; or
(C) Any other person from whom the appraiser, in the appraiser's own professional judgment, believes information would be relevant;
(5) Knowingly require the appraiser to do anything that does not comply with: (A) USPAP; (B) The State Licensing and Certified Real Estate Appraisers Law, compiled in this chapter, or the rules promulgated thereunder; or (C) Any assignment conditions and certifications required by the client; or
(A) USPAP;
(B) The State Licensing and Certified Real Estate Appraisers Law, compiled in this chapter, or the rules promulgated thereunder; or
(C) Any assignment conditions and certifications required by the client; or
(6) Make any portion of the appraiser's fee or the AMC's fee contingent on a predetermined or favorable outcome, including but not limited to: (A) A loan closing; or (B) Specific dollar amount being achieved by the appraiser in the appraisal.
(A) A loan closing; or
(B) Specific dollar amount being achieved by the appraiser in the appraisal.
Acts 2010 , ch. 963, § 21.
Tenn. Code Ann. § 62-13-604 — TN Code / Title 62 / Chapter 13 / Section 62-13-604
Unlawful interference with agency relationship
Status: in_force

It is unlawful for a real estate licensee, a relocation firm or a firm with a corporate relocation policy or benefits, or anyone on behalf of any such licensee or firm, to counsel a client of another real estate licensee on how to terminate or amend an existing agency contract. Communicating corporate relocation policy or benefits to a transferring employee shall not be considered a violation of this part, as long as the communication does not involve advice or encouragement on how to terminate or amend an existing agency contract. Acts 1999, ch. 160, § 5.
It is unlawful for a real estate licensee, a relocation firm or a firm with a corporate relocation policy or benefits, or anyone on behalf of any such licensee or firm, to counsel a client of another real estate licensee on how to terminate or amend an existing agency contract. Communicating corporate relocation policy or benefits to a transferring employee shall not be considered a violation of this part, as long as the communication does not involve advice or encouragement on how to terminate or amend an existing agency contract.
Acts 1999, ch. 160, § 5.
Tenn. Code Ann. § 62-41-102 — TN Code / Title 62 / Chapter 41 / Section 62-41-102
Purpose
Status: in_force

The purpose of this chapter is to establish an asbestos contractor accreditation program for this state in compliance with Title II, Section 206 of the federal Toxic Substances Control Act ( 15 U.S.C.A. § 2646 ). Acts 1993, ch. 285, § 1.
The purpose of this chapter is to establish an asbestos contractor accreditation program for this state in compliance with Title II, Section 206 of the federal Toxic Substances Control Act ( 15 U.S.C.A. § 2646 ).
Acts 1993, ch. 285, § 1.
Tenn. Code Ann. § 62-39-312 — TN Code / Title 62 / Chapter 39 / Section 62-39-312
Prerequisites to taking certification examination
Status: in_force

(a) As a prerequisite to taking the examination for certification as a state-certified general real estate appraiser, applicants shall submit satisfactory evidence that they have met the current requirements for certification as a certified general real estate appraiser as set forth by the appraisal qualifications board of the appraisal foundation. (b) As a prerequisite to taking the examination for certification as a state-certified residential real estate appraiser, an applicant shall present satisfactory evidence to the commission that the applicant has completed the current requirements for certification as set forth by the appraisal qualifications board of the appraisal foundation. (c) It is the intent of this chapter to meet the minimum criteria for certification established from time to time by the appraisal qualifications board of the appraisal foundation, and the commission may recommend changes to this section to meet those criteria. Acts 1990, ch. 865, § 21; 1991, ch. 366, §§ 22-24; 1994, ch. 605, §§ 2, 3.
(a) As a prerequisite to taking the examination for certification as a state-certified general real estate appraiser, applicants shall submit satisfactory evidence that they have met the current requirements for certification as a certified general real estate appraiser as set forth by the appraisal qualifications board of the appraisal foundation.
(b) As a prerequisite to taking the examination for certification as a state-certified residential real estate appraiser, an applicant shall present satisfactory evidence to the commission that the applicant has completed the current requirements for certification as set forth by the appraisal qualifications board of the appraisal foundation.
(c) It is the intent of this chapter to meet the minimum criteria for certification established from time to time by the appraisal qualifications board of the appraisal foundation, and the commission may recommend changes to this section to meet those criteria.
Acts 1990, ch. 865, § 21; 1991, ch. 366, §§ 22-24; 1994, ch. 605, §§ 2, 3.
Tenn. Code Ann. § 62-6-502 — TN Code / Title 62 / Chapter 6 / Section 62-6-502
Prohibited activities
Status: in_force

(a) No person may engage in or transact any home improvement business, represent to the public as doing home improvement business or offer to transact any home improvement business in this state, except in compliance with the applicable provisions of this part. No person, whether subject to licensing by any law or otherwise, may engage in this state in any trade practice or other act that is prohibited by this part. Every person who willfully participates in a prohibited act or violation with knowledge of the prohibited act or violation is subject to the criminal penalty for the prohibited act or violation. This part may not be waived by agreement. (b) (1) No person shall maintain, own, operate or transact a home improvement business unless a license is first obtained as prescribed in this part. (2) An applicant for a home improvement contractor's license shall establish that the applicant is the real owner and possesses title to, or is entitled to, the possession of the establishment and will conduct, operate, engage in and transact a home improvement business. Acts 2007, ch. 460, § 2.
(a) No person may engage in or transact any home improvement business, represent to the public as doing home improvement business or offer to transact any home improvement business in this state, except in compliance with the applicable provisions of this part. No person, whether subject to licensing by any law or otherwise, may engage in this state in any trade practice or other act that is prohibited by this part. Every person who willfully participates in a prohibited act or violation with knowledge of the prohibited act or violation is subject to the criminal penalty for the prohibited act or violation. This part may not be waived by agreement.
(b) (1) No person shall maintain, own, operate or transact a home improvement business unless a license is first obtained as prescribed in this part. (2) An applicant for a home improvement contractor's license shall establish that the applicant is the real owner and possesses title to, or is entitled to, the possession of the establishment and will conduct, operate, engage in and transact a home improvement business.
(1) No person shall maintain, own, operate or transact a home improvement business unless a license is first obtained as prescribed in this part.
(2) An applicant for a home improvement contractor's license shall establish that the applicant is the real owner and possesses title to, or is entitled to, the possession of the establishment and will conduct, operate, engage in and transact a home improvement business.
Acts 2007, ch. 460, § 2.
Tenn. Code Ann. § 62-6-519 — TN Code / Title 62 / Chapter 6 / Section 62-6-519
Transfer of staff
Status: in_force

The existing staff of the home improvement commission shall be transferred to the state board for licensing contractors. Acts 2007, ch. 460, § 2.
The existing staff of the home improvement commission shall be transferred to the state board for licensing contractors.
Acts 2007, ch. 460, § 2.
Tenn. Code Ann. § 62-1-101 — TN Code / Title 62 / Chapter 1 / Section 62-1-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Tennessee Accountancy Act of 1998." Acts 1980, ch. 518, § 1; 1998, ch. 700, § 1.
This chapter shall be known and may be cited as the "Tennessee Accountancy Act of 1998."
Acts 1980, ch. 518, § 1; 1998, ch. 700, § 1.
Tenn. Code Ann. § 62-18-217 — TN Code / Title 62 / Chapter 18 / Section 62-18-217
Grounds for suspension, revocation or refusal to renew licensure - Hearing - Administrative or judicial review - Injunction - Reissuance
Status: in_force

(a) The commissioner shall have the power to suspend, revoke, or refuse to renew the certificate of licensure of any licensee who: (1) Is found to have been convicted of: (A) Any fraud or deceit in obtaining a certificate of licensure; (B) A felony for the commission of an offense that bears directly on the licensee's fitness to practice competently, as determined by the commissioner. However, an action taken under this subdivision (a)(1)(B) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title; or (C) Any unlawful act as set forth in this chapter; or (2) Who is found guilty of fraud, deceit, gross neglect, incompetence, or misconduct in the practice of soil science as a licensed professional soil scientist. (b) Any such action by the commissioner to suspend, revoke, or refuse to renew a certificate of licensure shall be taken after a hearing held in accordance with the procedures set forth in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (c) Any administrative or judicial review of such action shall likewise be in accordance with the procedures set forth in the Uniform Administrative Procedures Act. (d) The commissioner may seek relief at law or equity to restrain or enjoin any act or practice in violation of this part, or of any rule promulgated to effectuate the purposes of this part. Jurisdiction is conferred upon the chancery and circuit courts of this state to hear and determine such a suit. No bond shall be required for the prosecution of the suit or for the issuance of an injunction. (e) The commissioner may reissue a certificate of licensure to any person whose certificate of licensure has been revoked upon written application to the commissioner by the applicant, showing good cause to justify such reissuance. Amended by 2018 Tenn. Acts, ch. 745,s 11, eff. 7/1/2018. Amended by 2016 Tenn. Acts, ch. 719,s 5, eff. 4/6/2016. Acts 2010, ch. 1032, § 18.
(a) The commissioner shall have the power to suspend, revoke, or refuse to renew the certificate of licensure of any licensee who: (1) Is found to have been convicted of: (A) Any fraud or deceit in obtaining a certificate of licensure; (B) A felony for the commission of an offense that bears directly on the licensee's fitness to practice competently, as determined by the commissioner. However, an action taken under this subdivision (a)(1)(B) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title; or (C) Any unlawful act as set forth in this chapter; or (2) Who is found guilty of fraud, deceit, gross neglect, incompetence, or misconduct in the practice of soil science as a licensed professional soil scientist.
(1) Is found to have been convicted of: (A) Any fraud or deceit in obtaining a certificate of licensure; (B) A felony for the commission of an offense that bears directly on the licensee's fitness to practice competently, as determined by the commissioner. However, an action taken under this subdivision (a)(1)(B) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title; or (C) Any unlawful act as set forth in this chapter; or
(A) Any fraud or deceit in obtaining a certificate of licensure;
(B) A felony for the commission of an offense that bears directly on the licensee's fitness to practice competently, as determined by the commissioner. However, an action taken under this subdivision (a)(1)(B) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title; or
(C) Any unlawful act as set forth in this chapter; or
(2) Who is found guilty of fraud, deceit, gross neglect, incompetence, or misconduct in the practice of soil science as a licensed professional soil scientist.
(b) Any such action by the commissioner to suspend, revoke, or refuse to renew a certificate of licensure shall be taken after a hearing held in accordance with the procedures set forth in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(c) Any administrative or judicial review of such action shall likewise be in accordance with the procedures set forth in the Uniform Administrative Procedures Act.
(d) The commissioner may seek relief at law or equity to restrain or enjoin any act or practice in violation of this part, or of any rule promulgated to effectuate the purposes of this part. Jurisdiction is conferred upon the chancery and circuit courts of this state to hear and determine such a suit. No bond shall be required for the prosecution of the suit or for the issuance of an injunction.
(e) The commissioner may reissue a certificate of licensure to any person whose certificate of licensure has been revoked upon written application to the commissioner by the applicant, showing good cause to justify such reissuance.
Amended by 2018 Tenn. Acts, ch. 745,s 11, eff. 7/1/2018.
Amended by 2016 Tenn. Acts, ch. 719,s 5, eff. 4/6/2016.
Acts 2010, ch. 1032, § 18.
Tenn. Code Ann. § 62-19-109 — TN Code / Title 62 / Chapter 19 / Section 62-19-109
Administrative director
Status: in_force

The director of the division of regulatory boards in the department of commerce and insurance or the director's designee shall serve as administrative director for the commission and shall provide all administrative functions for the commission. Acts 1967, ch. 335, § 8; 1975, ch. 165, § 13; 1976, ch. 806, § 1(29); 1976, ch. 824, §4; 1978, ch. 569, § 3; 1978, ch. 906, § 29; T.C.A., § 62-1909; Acts 1999, ch. 358, § 1.
The director of the division of regulatory boards in the department of commerce and insurance or the director's designee shall serve as administrative director for the commission and shall provide all administrative functions for the commission.
Acts 1967, ch. 335, § 8; 1975, ch. 165, § 13; 1976, ch. 806, § 1(29); 1976, ch. 824, §4; 1978, ch. 569, § 3; 1978, ch. 906, § 29; T.C.A., § 62-1909; Acts 1999, ch. 358, § 1.
Tenn. Code Ann. § 62-27-122 — TN Code / Title 62 / Chapter 27 / Section 62-27-122
Enjoining of violation of chapter
Status: in_force

The commissioner, in addition to the powers and duties expressly granted by this chapter, is authorized and empowered to petition any circuit or chancery court having jurisdiction to enjoin any person who is practicing or attempting to practice as a polygraph examiner without possessing a valid license to so practice in accordance with this chapter. Acts 1978, ch. 900, § 24; 1980, ch. 705, § 11; T.C.A., §62-2723; Acts 2003 , ch. 206, § 1.
The commissioner, in addition to the powers and duties expressly granted by this chapter, is authorized and empowered to petition any circuit or chancery court having jurisdiction to enjoin any person who is practicing or attempting to practice as a polygraph examiner without possessing a valid license to so practice in accordance with this chapter.
Acts 1978, ch. 900, § 24; 1980, ch. 705, § 11; T.C.A., §62-2723; Acts 2003 , ch. 206, § 1.
Tenn. Code Ann. § 62-21-124 — TN Code / Title 62 / Chapter 21 / Section 62-21-124
Pesticides in buildings used for food preparation and service, lodging, educational purposes or commerical food processing
Status: in_force

(a) Whether or not engaged in the business of applying pesticides, a person may not apply a pesticide within any of the following buildings, except under the direct supervision of a person licensed to apply pesticides in accordance with this chapter: (1) Any building used for the preparation or serving of food; (2) Any building used for the temporary or permanent lodging of others; (3) Any building used primarily for educational purposes, except those buildings used primarily for religious instruction or for providing education to no more than ten (10) persons; or (4) Any commercial food processing facility. (b) Subsection (a) does not apply to the application of pesticides by an individual in the individual's dwelling nor to the application of pesticides by the owner of a multi-unit dwelling in which the owner resides and that contains no more than three (3) additional units used for the temporary or permanent lodging of others. Acts 1978, ch. 844, § 24; 1981, ch. 78, § 4; T.C.A., § 62-2124; Acts 1985, ch. 217, § 1; 1994, ch. 960, § 14.
(a) Whether or not engaged in the business of applying pesticides, a person may not apply a pesticide within any of the following buildings, except under the direct supervision of a person licensed to apply pesticides in accordance with this chapter: (1) Any building used for the preparation or serving of food; (2) Any building used for the temporary or permanent lodging of others; (3) Any building used primarily for educational purposes, except those buildings used primarily for religious instruction or for providing education to no more than ten (10) persons; or (4) Any commercial food processing facility.
(1) Any building used for the preparation or serving of food;
(2) Any building used for the temporary or permanent lodging of others;
(3) Any building used primarily for educational purposes, except those buildings used primarily for religious instruction or for providing education to no more than ten (10) persons; or
(4) Any commercial food processing facility.
(b) Subsection (a) does not apply to the application of pesticides by an individual in the individual's dwelling nor to the application of pesticides by the owner of a multi-unit dwelling in which the owner resides and that contains no more than three (3) additional units used for the temporary or permanent lodging of others.
Acts 1978, ch. 844, § 24; 1981, ch. 78, § 4; T.C.A., § 62-2124; Acts 1985, ch. 217, § 1; 1994, ch. 960, § 14.
Tenn. Code Ann. § 62-3-116 — TN Code / Title 62 / Chapter 3 / Section 62-3-116
Issuance of certificate
Status: in_force

Whenever this chapter has been complied with, the board shall issue a certificate of registration. Acts 1929, ch. 118, § 9; Code 1932, § 7126; Acts 1975, ch. 146, §11; T.C.A. (orig. ed.), § 62-316.
Whenever this chapter has been complied with, the board shall issue a certificate of registration.
Acts 1929, ch. 118, § 9; Code 1932, § 7126; Acts 1975, ch. 146, §11; T.C.A. (orig. ed.), § 62-316.
Tenn. Code Ann. § 62-18-114 — TN Code / Title 62 / Chapter 18 / Section 62-18-114
Notice of expiration - Renewal
Status: in_force

(a) The board shall notify each person registered under this part of the date of expiration of the person's certificate and the amount of the fee required for its renewal. The notice shall be sent at least sixty (60) days in advance of the expiration of the certificate. (b) It is the responsibility of any person registered under this part to notify the board, in writing, of any change of address. Persons registered under this part may notify the board by e-mail of a change in their address. (c) Certificates of registration shall be subject to late renewal for a period of one (1) year following their expiration date by payment of the renewal fee, plus a penalty in an amount set by the board, for each month or fraction of a month that elapses before payment is received. Any person whose registration has expired for more than one (1) year shall make application for registration; provided, that the board may, in its discretion, waive any further examination of such an applicant. Acts 1969, ch. 207, § 10; 1971, ch. 86, § 1; 1977, ch. 182, § 2; T.C.A., § 62-1813; Acts 1983, ch. 257, § 6; 1985, ch. 147, § 4; 1989, ch. 360, § 9; 1990, ch. 1026, § 41; 1998, ch. 676, § 2; 2001, ch. 77, § 2.
(a) The board shall notify each person registered under this part of the date of expiration of the person's certificate and the amount of the fee required for its renewal. The notice shall be sent at least sixty (60) days in advance of the expiration of the certificate.
(b) It is the responsibility of any person registered under this part to notify the board, in writing, of any change of address. Persons registered under this part may notify the board by e-mail of a change in their address.
(c) Certificates of registration shall be subject to late renewal for a period of one (1) year following their expiration date by payment of the renewal fee, plus a penalty in an amount set by the board, for each month or fraction of a month that elapses before payment is received. Any person whose registration has expired for more than one (1) year shall make application for registration; provided, that the board may, in its discretion, waive any further examination of such an applicant.
Acts 1969, ch. 207, § 10; 1971, ch. 86, § 1; 1977, ch. 182, § 2; T.C.A., § 62-1813; Acts 1983, ch. 257, § 6; 1985, ch. 147, § 4; 1989, ch. 360, § 9; 1990, ch. 1026, § 41; 1998, ch. 676, § 2; 2001, ch. 77, § 2.
Tenn. Code Ann. § 62-18-126 — TN Code / Title 62 / Chapter 18 / Section 62-18-126
Nonmonumentation procedures authorized as closing or loan surveys
Status: in_force

Notwithstanding any other law to the contrary, all limited nonmonumentation procedures or practices, such as mortgage loan inspections, mortgage loan certificates, mortgage title inspections and improvement loan certificates, shall be authorized as closing or loan surveys. Acts 1990, ch. 1026, § 66.
Notwithstanding any other law to the contrary, all limited nonmonumentation procedures or practices, such as mortgage loan inspections, mortgage loan certificates, mortgage title inspections and improvement loan certificates, shall be authorized as closing or loan surveys.
Acts 1990, ch. 1026, § 66.
Tenn. Code Ann. § 62-13-408 — TN Code / Title 62 / Chapter 13 / Section 62-13-408
Application
Status: in_force

This part shall supersede common law to the extent common law is inconsistent with this part. Acts 1995, ch. 246, § 10.
This part shall supersede common law to the extent common law is inconsistent with this part.
Acts 1995, ch. 246, § 10.
Tenn. Code Ann. § 62-26-213 — TN Code / Title 62 / Chapter 26 / Section 62-26-213
Notice to the commissioner - When required
Status: in_force

A licensee shall notify the commissioner in writing within thirty (30) days of: (1) Any change in the qualifying agent or principal corporate officers identified in its application for license; (2) Any material change in the information previously furnished or required to be furnished to the commissioner; (3) Any occurrence that could reasonably be expected to affect the licensee's right to a license under this part, including, but not limited to, any criminal charges placed against any licensee by any person. An investigations company must also, within thirty (30) days, notify the commissioner of any criminal charges placed against any investigator employed by or affiliated with the company; or (4) Any judgment received by any person for punitive damages against any licensee. Acts 1990, ch. 780, § 14; 1991, ch. 457, § 16; 1993, ch. 511, §§ 14, 15.
A licensee shall notify the commissioner in writing within thirty (30) days of:
(1) Any change in the qualifying agent or principal corporate officers identified in its application for license;
(2) Any material change in the information previously furnished or required to be furnished to the commissioner;
(3) Any occurrence that could reasonably be expected to affect the licensee's right to a license under this part, including, but not limited to, any criminal charges placed against any licensee by any person. An investigations company must also, within thirty (30) days, notify the commissioner of any criminal charges placed against any investigator employed by or affiliated with the company; or
(4) Any judgment received by any person for punitive damages against any licensee.
Acts 1990, ch. 780, § 14; 1991, ch. 457, § 16; 1993, ch. 511, §§ 14, 15.
Tenn. Code Ann. § 62-32-104 — TN Code / Title 62 / Chapter 32 / Section 62-32-104
Prohibited activities
Status: in_force

No person shall: (1) Act as a fire protection sprinkler system contractor without a valid certificate of registration issued by the department; provided, that a partnership or joint venture may act as a fire protection sprinkler system contractor without a certificate of registration if and only if each partner or joint venturer is duly registered; (2) Act as a fire protection sprinkler system contractor under a certificate of registration without having on staff a responsible managing employee who holds a valid license issued by the department. A person holding a valid certificate of registration may continue work in progress for ninety (90) days after the death or disassociation of its licensed responsible managing employee or for a longer period that may be approved pursuant to rules adopted under this part; (3) Act as a responsible managing employee for a fire protection sprinkler system contractor without a valid license issued by the department; or (4) Sell, install or service a fire protection sprinkler system in violation of this part or the rules adopted under this part. Acts 1984, ch. 949, § 4; 1985, ch. 209, § 4; 1987, ch. 268, §§ 2, 3; 2005, ch. 183, § 2.
No person shall:
(1) Act as a fire protection sprinkler system contractor without a valid certificate of registration issued by the department; provided, that a partnership or joint venture may act as a fire protection sprinkler system contractor without a certificate of registration if and only if each partner or joint venturer is duly registered;
(2) Act as a fire protection sprinkler system contractor under a certificate of registration without having on staff a responsible managing employee who holds a valid license issued by the department. A person holding a valid certificate of registration may continue work in progress for ninety (90) days after the death or disassociation of its licensed responsible managing employee or for a longer period that may be approved pursuant to rules adopted under this part;
(3) Act as a responsible managing employee for a fire protection sprinkler system contractor without a valid license issued by the department; or
(4) Sell, install or service a fire protection sprinkler system in violation of this part or the rules adopted under this part.
Acts 1984, ch. 949, § 4; 1985, ch. 209, § 4; 1987, ch. 268, §§ 2, 3; 2005, ch. 183, § 2.
Tenn. Code Ann. § 62-8-102 — TN Code / Title 62 / Chapter 8 / Section 62-8-102
Obstruction of private roads
Status: in_force

Any person obstructing the roads necessarily used by the owners of ironworks for the purpose of hauling coal, ore, wood, metal or other material is liable in the same manner the person would be for obstructing the public roads of the state. Code 1858, § 1934 (deriv. Acts 1824, ch. 4, § 6); Shan., § 3463; Code 1932, § 6536; T.C.A. (orig. ed.), § 62-802.
Any person obstructing the roads necessarily used by the owners of ironworks for the purpose of hauling coal, ore, wood, metal or other material is liable in the same manner the person would be for obstructing the public roads of the state.
Code 1858, § 1934 (deriv. Acts 1824, ch. 4, § 6); Shan., § 3463; Code 1932, § 6536; T.C.A. (orig. ed.), § 62-802.
Tenn. Code Ann. § 62-6-117 — TN Code / Title 62 / Chapter 6 / Section 62-6-117
Certificate issued to person who enters or has entered military service
Status: in_force

Any certificate of license issued by the state board for licensing contractors to any person now in any branch of the armed service of the United States or who hereafter enlists or is called into service remains in full force and effect until one (1) year after the person is discharged from service and is subject to renewal at that time by the payment of the annual fee set out in this part. Acts 1976, ch. 822, § 18; T.C.A., § 62-618.
Any certificate of license issued by the state board for licensing contractors to any person now in any branch of the armed service of the United States or who hereafter enlists or is called into service remains in full force and effect until one (1) year after the person is discharged from service and is subject to renewal at that time by the payment of the annual fee set out in this part.
Acts 1976, ch. 822, § 18; T.C.A., § 62-618.
Tenn. Code Ann. § 62-9-111 — TN Code / Title 62 / Chapter 9 / Section 62-9-111
Sales of donated scrap metal by governmental entities, regulated landfills and solid waste processing facilities - Payment requirements - Registration of governmental entities, regulated landfills, or solid waste processing facilities as scrap metal dealers
Status: in_force

(a) Nothing contained in this chapter shall be construed to prevent a governmental entity, regulated landfill or solid waste processing facility owner from selling any scrap metal donated to it or otherwise lawfully obtained by it without compensation. (b) Payment for scrap metal sold by a governmental entity or regulated landfill owner shall be: (1) Made by check or money order to the governmental entity or the owner of the landfill or solid waste processing facility; (2) The check or money order shall be mailed to the business address of the governmental entity or the owner of the landfill or solid waste processing facility; and (3) The payee on the check shall be in the name of the governmental entity or the owner of the landfill or solid waste processing facility. (c) Nothing contained in this chapter shall be construed to prohibit a governmental entity, regulated landfill or solid waste processing facility owner from registering as a scrap metal dealer as provided in this chapter and coming within § 62-9-112 . Acts 2008 , ch. 690, § 1.
(a) Nothing contained in this chapter shall be construed to prevent a governmental entity, regulated landfill or solid waste processing facility owner from selling any scrap metal donated to it or otherwise lawfully obtained by it without compensation.
(b) Payment for scrap metal sold by a governmental entity or regulated landfill owner shall be: (1) Made by check or money order to the governmental entity or the owner of the landfill or solid waste processing facility; (2) The check or money order shall be mailed to the business address of the governmental entity or the owner of the landfill or solid waste processing facility; and (3) The payee on the check shall be in the name of the governmental entity or the owner of the landfill or solid waste processing facility.
(1) Made by check or money order to the governmental entity or the owner of the landfill or solid waste processing facility;
(2) The check or money order shall be mailed to the business address of the governmental entity or the owner of the landfill or solid waste processing facility; and
(3) The payee on the check shall be in the name of the governmental entity or the owner of the landfill or solid waste processing facility.
(c) Nothing contained in this chapter shall be construed to prohibit a governmental entity, regulated landfill or solid waste processing facility owner from registering as a scrap metal dealer as provided in this chapter and coming within § 62-9-112 .
Acts 2008 , ch. 690, § 1.
Tenn. Code Ann. § 62-39-408 — TN Code / Title 62 / Chapter 39 / Section 62-39-408
Registration fees - Surety bond
Status: in_force

(a) The commission shall establish by rule and regulation the fee to be paid by each appraisal management company seeking registration under this part, such that the sum of the fees paid by all appraisal management companies seeking registration under this section shall be sufficient for the administration of this part. The commission shall charge and collect fees to be utilized to fund activities that may be necessary to carry out this chapter. (b) Each applicant for registration shall post with the commission and maintain on renewal a surety bond in the amount of twenty thousand dollars ($20,000). The details of the bond shall be prescribed by rule and regulation of the commission, however, the bond may not be used to assist appraisers in collection efforts of credit extended by the appraiser. Acts 2010 , ch. 963, § 9.
(a) The commission shall establish by rule and regulation the fee to be paid by each appraisal management company seeking registration under this part, such that the sum of the fees paid by all appraisal management companies seeking registration under this section shall be sufficient for the administration of this part. The commission shall charge and collect fees to be utilized to fund activities that may be necessary to carry out this chapter.
(b) Each applicant for registration shall post with the commission and maintain on renewal a surety bond in the amount of twenty thousand dollars ($20,000). The details of the bond shall be prescribed by rule and regulation of the commission, however, the bond may not be used to assist appraisers in collection efforts of credit extended by the appraiser.
Acts 2010 , ch. 963, § 9.
Tenn. Code Ann. § 62-20-109 — TN Code / Title 62 / Chapter 20 / Section 62-20-109
License fee and display
Status: in_force

(a) The board shall grant a collection service license to a qualified applicant upon receipt of a fee as set by the board. The fee shall not be prorated for any portion of a year. (b) The collection service license shall be prominently displayed at all times at the licensee's place of business. Acts 1981, ch. 170, § 9; 1985, ch. 354, § 13; 1987, ch. 292, § 5; 1988, ch. 823, § 17; 1989, ch. 523, § 169.
(a) The board shall grant a collection service license to a qualified applicant upon receipt of a fee as set by the board. The fee shall not be prorated for any portion of a year.
(b) The collection service license shall be prominently displayed at all times at the licensee's place of business.
Acts 1981, ch. 170, § 9; 1985, ch. 354, § 13; 1987, ch. 292, § 5; 1988, ch. 823, § 17; 1989, ch. 523, § 169.
Tenn. Code Ann. § 62-35-133 — TN Code / Title 62 / Chapter 35 / Section 62-35-133
Copies of chapter and rules
Status: in_force

The commissioner shall provide a copy of this chapter and any rules promulgated under this chapter to: (1) Each licensee and proprietary security organization every two (2) years, at no charge; and (2) Any other person, upon request, for a reasonable fee that the commissioner may fix. Acts 1987, ch. 436, § 34.
The commissioner shall provide a copy of this chapter and any rules promulgated under this chapter to:
(1) Each licensee and proprietary security organization every two (2) years, at no charge; and
(2) Any other person, upon request, for a reasonable fee that the commissioner may fix.
Acts 1987, ch. 436, § 34.
Tenn. Code Ann. § 62-13-205 — TN Code / Title 62 / Chapter 13 / Section 62-13-205
Record of proceedings - Seal
Status: in_force

(a) The commission shall keep a record of its proceedings and shall adopt a seal of such design as it shall prescribe for the certification of the record. (b) The executive director shall have custody and charge of the seal. (c) Copies of all records and papers in the office of the commission, duly certified and authenticated by its seal, shall be received in evidence in all courts with like effect as the original. Acts 1973, ch. 181, § 7(f); T.C.A., § 62-1313.
(a) The commission shall keep a record of its proceedings and shall adopt a seal of such design as it shall prescribe for the certification of the record.
(b) The executive director shall have custody and charge of the seal.
(c) Copies of all records and papers in the office of the commission, duly certified and authenticated by its seal, shall be received in evidence in all courts with like effect as the original.
Acts 1973, ch. 181, § 7(f); T.C.A., § 62-1313.
Tenn. Code Ann. § 62-6-124 — TN Code / Title 62 / Chapter 6 / Section 62-6-124
Access to and use of financial statements
Status: in_force

(a) The financial statements submitted by contractors shall be treated as confidential and shall be used by the board only for the purposes of determining the qualifications of applicants for licenses and the monetary limitations. (b) The comptroller of the treasury or the comptroller's designated representative shall be accorded access to and may examine any financial statement solely for the purpose of a legitimate audit, § 10-7-508 to the contrary notwithstanding. Acts 1979, ch. 165, § 1; T.C.A., § 62-625.
(a) The financial statements submitted by contractors shall be treated as confidential and shall be used by the board only for the purposes of determining the qualifications of applicants for licenses and the monetary limitations.
(b) The comptroller of the treasury or the comptroller's designated representative shall be accorded access to and may examine any financial statement solely for the purpose of a legitimate audit, § 10-7-508 to the contrary notwithstanding.
Acts 1979, ch. 165, § 1; T.C.A., § 62-625.
Tenn. Code Ann. § 62-6-403 — TN Code / Title 62 / Chapter 6 / Section 62-6-403
Construction
Status: in_force

Nothing in this part shall be construed to provide that a limited licensed plumber is a contractor. It is the intent of this part to provide that a limited licensed plumber is subject to the jurisdiction of the board solely for the purposes of licensure and disciplinary proceedings. No limited licensed plumber shall be authorized to use the appellation "contractor" or any other designation that gives or is designed to give the impression that a limited licensed plumber is a contractor unless the limited licensed plumber also holds a valid contractor's license issued by the board. Acts 2004, ch. 826, § 4.
Nothing in this part shall be construed to provide that a limited licensed plumber is a contractor. It is the intent of this part to provide that a limited licensed plumber is subject to the jurisdiction of the board solely for the purposes of licensure and disciplinary proceedings. No limited licensed plumber shall be authorized to use the appellation "contractor" or any other designation that gives or is designed to give the impression that a limited licensed plumber is a contractor unless the limited licensed plumber also holds a valid contractor's license issued by the board.
Acts 2004, ch. 826, § 4.
Tenn. Code Ann. § 62-35-107 — TN Code / Title 62 / Chapter 35 / Section 62-35-107
Action upon applications - Investigations - Approval or denial of licenses
Status: in_force

(a) Upon receipt of an application for a license, the commissioner shall: (1) Conduct an investigation to determine whether the statements made in the application are true; (2) Compare or request that the Tennessee bureau of investigation compare the fingerprints submitted with the application to fingerprints filed with the bureau; and (3) 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. (b) The commissioner shall issue a license in a form which the commissioner shall prescribe to qualified applicants upon receipt of a nonrefundable, nonproratable fee in accordance with the schedule promulgated by the commissioner. (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) An application shall be accompanied by a notarized statement sworn to by the applicant as to the number of employees in service. 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 1987, ch. 436, § 7; 1988, ch. 717, §§ 1, 3; 1989, ch. 523, §187; 1990, ch. 1026, § 25.
(a) Upon receipt of an application for a license, the commissioner shall: (1) Conduct an investigation to determine whether the statements made in the application are true; (2) Compare or request that the Tennessee bureau of investigation compare the fingerprints submitted with the application to fingerprints filed with the bureau; and (3) 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.
(1) Conduct an investigation to determine whether the statements made in the application are true;
(2) Compare or request that the Tennessee bureau of investigation compare the fingerprints submitted with the application to fingerprints filed with the bureau; and
(3) 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.
(b) The commissioner shall issue a license in a form which the commissioner shall prescribe to qualified applicants upon receipt of a nonrefundable, nonproratable fee in accordance with the schedule promulgated by the commissioner.
(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) An application shall be accompanied by a notarized statement sworn to by the applicant as to the number of employees in service. 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 1987, ch. 436, § 7; 1988, ch. 717, §§ 1, 3; 1989, ch. 523, §187; 1990, ch. 1026, § 25.
Tenn. Code Ann. § 62-2-403 — TN Code / Title 62 / Chapter 2 / Section 62-2-403
Teaching as engineering experience
Status: in_force

Engineering teaching with full-time faculty status in a college or university offering an approved engineering curriculum of four (4) years or more may be considered, at the discretion of the board, as engineering experience. Acts 1979, ch. 263, § 12; T.C.A., § 62-212.
Engineering teaching with full-time faculty status in a college or university offering an approved engineering curriculum of four (4) years or more may be considered, at the discretion of the board, as engineering experience.
Acts 1979, ch. 263, § 12; T.C.A., § 62-212.
Tenn. Code Ann. § 62-39-421 — TN Code / Title 62 / Chapter 39 / Section 62-39-421
Payment deadlines to appraisers
Status: in_force

Each appraisal management company shall, except in cases of breach of contract or substandard performance of services, make payment to an appraiser for the completion of an appraisal or valuation assignment within sixty (60) days, unless a mutually agreed upon alternate payment schedule exists, from when the appraiser transmits or otherwise provides the completed appraisal or valuation study to the appraisal management company or its assignee. Acts 2010, ch. 963, § 22.
Each appraisal management company shall, except in cases of breach of contract or substandard performance of services, make payment to an appraiser for the completion of an appraisal or valuation assignment within sixty (60) days, unless a mutually agreed upon alternate payment schedule exists, from when the appraiser transmits or otherwise provides the completed appraisal or valuation study to the appraisal management company or its assignee.
Acts 2010, ch. 963, § 22.
Tenn. Code Ann. § 62-3-107 — TN Code / Title 62 / Chapter 3 / Section 62-3-107
Registration required for barbering, barber instruction or serving as technician
Status: in_force

No person shall practice or attempt to practice barbering in this state, or serve or attempt to serve as a barber instructor or technician in this state, without a valid certificate of registration issued pursuant to this chapter by the state board of cosmetology and barber examiners. Acts 1929, ch. 118, § 1; mod. Code 1932, § 7117; Acts 1975, ch. 146, § 2; T.C.A. (orig. ed.), § 62-307; Acts 1986, ch. 921, § 3.
No person shall practice or attempt to practice barbering in this state, or serve or attempt to serve as a barber instructor or technician in this state, without a valid certificate of registration issued pursuant to this chapter by the state board of cosmetology and barber examiners.
Acts 1929, ch. 118, § 1; mod. Code 1932, § 7117; Acts 1975, ch. 146, § 2; T.C.A. (orig. ed.), § 62-307; Acts 1986, ch. 921, § 3.
Tenn. Code Ann. § 62-1-102 — TN Code / Title 62 / Chapter 1 / Section 62-1-102
Legislative intent
Status: in_force

It is the policy of this state, and the purpose of this chapter, to promote the reliability of information that is used for guidance in financial transactions or for accounting for or assessing the financial status or performance of commercial, noncommercial and governmental enterprises. The public interest requires that persons professing special competence in accountancy or offering assurance as to the reliability or fairness of presentation of such information shall have demonstrated their qualifications to do so and that persons who have not demonstrated and maintained such qualifications not be permitted to represent themselves as having such special competence or to offer such assurance, that the conduct of persons licensed as having special competence in accountancy be regulated in all aspects of their professional work, that a public authority competent to prescribe and assess the qualifications and to regulate the conduct of licensees be established, and that the use of titles that have a capacity or tendency to deceive the public as to the status or competence of the persons using such titles be prohibited. Acts 1980, ch. 518, § 2; 1987, ch. 351, § 9; 1997, ch. 68, § 1; 1998, ch. 700, § 1.
It is the policy of this state, and the purpose of this chapter, to promote the reliability of information that is used for guidance in financial transactions or for accounting for or assessing the financial status or performance of commercial, noncommercial and governmental enterprises. The public interest requires that persons professing special competence in accountancy or offering assurance as to the reliability or fairness of presentation of such information shall have demonstrated their qualifications to do so and that persons who have not demonstrated and maintained such qualifications not be permitted to represent themselves as having such special competence or to offer such assurance, that the conduct of persons licensed as having special competence in accountancy be regulated in all aspects of their professional work, that a public authority competent to prescribe and assess the qualifications and to regulate the conduct of licensees be established, and that the use of titles that have a capacity or tendency to deceive the public as to the status or competence of the persons using such titles be prohibited.
Acts 1980, ch. 518, § 2; 1987, ch. 351, § 9; 1997, ch. 68, § 1; 1998, ch. 700, § 1.
Tenn. Code Ann. § 62-4-208 — TN Code / Title 62 / Chapter 4 / Section 62-4-208
Licensing authority of the compact commission and member state
Status: in_force

(a) Nothing in this compact, nor any rule or regulation of the commission, must be construed to limit, restrict, or in any way reduce the ability of a member state to enact and enforce laws, regulations, or other rules related to the practice of cosmetology in that state, where those laws, regulations, or other rules are not inconsistent with this compact. (b) Insofar as practical, a member state's state licensing authority shall cooperate with the commission and with each entity exercising independent regulatory authority over the practice of cosmetology according to this compact. (c) Discipline is the sole responsibility of the state in which cosmetology services are provided. Accordingly, each member state's state licensing authority is responsible for receiving complaints about individuals practicing cosmetology in that state, and for communicating all relevant investigative information about any such adverse action to the other member states through the data system in addition to any other methods the commission may by rule require. Added by 2024 Tenn. Acts, ch. 1060,s 1, eff. 7/1/2024.
(a) Nothing in this compact, nor any rule or regulation of the commission, must be construed to limit, restrict, or in any way reduce the ability of a member state to enact and enforce laws, regulations, or other rules related to the practice of cosmetology in that state, where those laws, regulations, or other rules are not inconsistent with this compact.
(b) Insofar as practical, a member state's state licensing authority shall cooperate with the commission and with each entity exercising independent regulatory authority over the practice of cosmetology according to this compact.
(c) Discipline is the sole responsibility of the state in which cosmetology services are provided. Accordingly, each member state's state licensing authority is responsible for receiving complaints about individuals practicing cosmetology in that state, and for communicating all relevant investigative information about any such adverse action to the other member states through the data system in addition to any other methods the commission may by rule require.
Added by 2024 Tenn. Acts, ch. 1060,s 1, eff. 7/1/2024.
Tenn. Code Ann. § 62-26-204 — TN Code / Title 62 / Chapter 26 / Section 62-26-204
License required
Status: in_force

(a) Except as otherwise provided in this part, it is unlawful for any person to act as an investigations company or private investigator without first obtaining a license from the commissioner. (b) After expiration of a license issued under former part 1, holders of such licenses may obtain the equivalent license under this part by complying with the terms and conditions for renewal prescribed in this part. (c) Each private investigator licensed in accordance with this part shall maintain a business address to be recorded with the commissioner. A licensed private investigator under this part is not required to affiliate with a licensed investigations company. (d) [Deleted by 2021 amendment.] (e) (1) A private investigator may retire the license issued in accordance with this part by making a request for retirement of the license in writing and paying the appropriate fees set by the commissioner. The written request must be accompanied by the license certificate and pocket card. The retiree shall be responsible for notifying the commissioner of any change in address. Only licenses that are current and in good standing with the commissioner may be retired. No retired licensee may engage in any act defined in § 62-26-202 . (2) A retired license shall not be reactivated unless the licensee shows proof of completion of continuing education requirements as provided in § 62-26-225 sufficient to meet a licensee's current requirements. Upon receipt of proof of the continuing education requirements and payment of appropriate fees set by the commissioner, a retired license shall automatically be changed from retired to active. Amended by 2021 Tenn. Acts, ch. 294, Secs.s4, s5 eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 294, s 3, eff. 7/1/2021. Acts 1990, ch. 780, § 5; 1991, ch. 457, § 3; 1993, ch. 511, §§ 4, 5; 2000, ch. 677, § 1.
(a) Except as otherwise provided in this part, it is unlawful for any person to act as an investigations company or private investigator without first obtaining a license from the commissioner.
(b) After expiration of a license issued under former part 1, holders of such licenses may obtain the equivalent license under this part by complying with the terms and conditions for renewal prescribed in this part.
(c) Each private investigator licensed in accordance with this part shall maintain a business address to be recorded with the commissioner. A licensed private investigator under this part is not required to affiliate with a licensed investigations company.
(d) [Deleted by 2021 amendment.]
(e) (1) A private investigator may retire the license issued in accordance with this part by making a request for retirement of the license in writing and paying the appropriate fees set by the commissioner. The written request must be accompanied by the license certificate and pocket card. The retiree shall be responsible for notifying the commissioner of any change in address. Only licenses that are current and in good standing with the commissioner may be retired. No retired licensee may engage in any act defined in § 62-26-202 . (2) A retired license shall not be reactivated unless the licensee shows proof of completion of continuing education requirements as provided in § 62-26-225 sufficient to meet a licensee's current requirements. Upon receipt of proof of the continuing education requirements and payment of appropriate fees set by the commissioner, a retired license shall automatically be changed from retired to active.
(1) A private investigator may retire the license issued in accordance with this part by making a request for retirement of the license in writing and paying the appropriate fees set by the commissioner. The written request must be accompanied by the license certificate and pocket card. The retiree shall be responsible for notifying the commissioner of any change in address. Only licenses that are current and in good standing with the commissioner may be retired. No retired licensee may engage in any act defined in § 62-26-202 .
(2) A retired license shall not be reactivated unless the licensee shows proof of completion of continuing education requirements as provided in § 62-26-225 sufficient to meet a licensee's current requirements. Upon receipt of proof of the continuing education requirements and payment of appropriate fees set by the commissioner, a retired license shall automatically be changed from retired to active.
Amended by 2021 Tenn. Acts, ch. 294, Secs.s4, s5 eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 294, s 3, eff. 7/1/2021.
Acts 1990, ch. 780, § 5; 1991, ch. 457, § 3; 1993, ch. 511, §§ 4, 5; 2000, ch. 677, § 1.
Tenn. Code Ann. § 62-39-332 — TN Code / Title 62 / Chapter 39 / Section 62-39-332
Records retention
Status: in_force

(a) A state licensed or certified real estate appraiser shall retain the following records for five (5) years or for at least two (2) years after the disposition of any civil, criminal or administrative proceeding in which testimony was given about an appraisal assignment or appraisal report, whichever period expires last: (1) Originals and true copies of all engagement letters and written contracts engaging the appraiser's services for real property appraisal work; and (2) All reports and support data assembled and formulated by the appraiser in preparing the report. (b) The five-year period for the retention of records shall commence on the date that the appraiser submits the appraisal to the client. (c) All records required to be maintained under this chapter shall be made available by the state licensed or certified real estate appraiser for inspection and copying by the commission on reasonable notice to the appraiser. Acts 1990, ch. 865, § 41; 2007 , ch. 101, § 1.
(a) A state licensed or certified real estate appraiser shall retain the following records for five (5) years or for at least two (2) years after the disposition of any civil, criminal or administrative proceeding in which testimony was given about an appraisal assignment or appraisal report, whichever period expires last: (1) Originals and true copies of all engagement letters and written contracts engaging the appraiser's services for real property appraisal work; and (2) All reports and support data assembled and formulated by the appraiser in preparing the report.
(1) Originals and true copies of all engagement letters and written contracts engaging the appraiser's services for real property appraisal work; and
(2) All reports and support data assembled and formulated by the appraiser in preparing the report.
(b) The five-year period for the retention of records shall commence on the date that the appraiser submits the appraisal to the client.
(c) All records required to be maintained under this chapter shall be made available by the state licensed or certified real estate appraiser for inspection and copying by the commission on reasonable notice to the appraiser.
Acts 1990, ch. 865, § 41; 2007 , ch. 101, § 1.
Tenn. Code Ann. § 62-28-104 — TN Code / Title 62 / Chapter 28 / Section 62-28-104
Regulations
Status: in_force

The commissioner of environment and conservation may promulgate regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement this chapter. The commissioner may establish, by regulation, fees for the registration of dealers and issuance of permits in amounts sufficient to pay the approximate cost of administering the registration and permit program. The commissioner may not promulgate any rule or regulation concerning the planting, harvesting or selling of ginseng that is more restrictive than that required by the United States department of the interior, fish and wildlife service, in order that ginseng may be eligible for exportation. Acts 1983, ch. 445, § 4; 1985, ch. 170, § 1.
The commissioner of environment and conservation may promulgate regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement this chapter. The commissioner may establish, by regulation, fees for the registration of dealers and issuance of permits in amounts sufficient to pay the approximate cost of administering the registration and permit program. The commissioner may not promulgate any rule or regulation concerning the planting, harvesting or selling of ginseng that is more restrictive than that required by the United States department of the interior, fish and wildlife service, in order that ginseng may be eligible for exportation.
Acts 1983, ch. 445, § 4; 1985, ch. 170, § 1.
Tenn. Code Ann. § 62-18-103 — TN Code / Title 62 / Chapter 18 / Section 62-18-103
Establishment of board - Professional members
Status: in_force

(a) (1) To carry out this part, there is hereby created a state board of examiners for land surveyors. This board shall consist of three (3) members to be appointed by the governor under the conditions described as follows: initially the governor shall appoint on the board three (3) land surveyors, qualified as herein required, one (1) of whom shall come from each of the three (3) grand divisions, designating one (1) of those persons to serve for a period of two (2) years, one (1) for a period of four (4) years and one (1) for a period of six (6) years. (2) Shortly before the expiration of the term of each member, a successor shall be appointed from the same grand division. (3) The term of office of all members shall begin on July 1 following their appointment, except those appointed to fill vacancies, but each member shall hold office until a successor is appointed and qualified. (4) Each appointment after the first shall be for a period of six (6) years. (b) The board is attached for administrative purposes to the division of regulatory boards in the department of commerce and insurance. (c) (1) Appointments to the board may be made by the governor from lists of qualified nominees submitted by interested land surveyor groups, including, but not limited to, the Tennessee Association of Professional Surveyors. The lists shall be submitted at least sixty (60) days before the expiration of any term or, in the case of vacancies occurring during terms of office, within thirty (30) days following the occurrence of the vacancy. The governor shall consult with such interested groups to determine qualified persons to fill the positions. (2) In making appointments to the board under the authority of this section or under the authority of § 62-18-104 , the governor shall strive to ensure that at least one (1) person serving on the board is sixty (60) years of age or older and that at least one (1) person serving on the board is a member of a racial minority. (d) (1) The three (3) members of the board shall each have had at least ten (10) years' experience in the practice of land surveying and shall have been in responsible charge of work for at least five (5) years. (2) Each member of the board shall be a citizen of the United States and shall have been a resident of this state for five (5) years at the time of appointment, and shall be at least thirty-five (35) years of age. (e) The governor may remove any member of the board for misconduct, incapacity or neglect of duty. Acts 1969, ch. 207, §§ 3, 4; impl. am. Acts 1971, ch. 137, § 1; Acts 1973, ch. 89, § 1; 1977, ch. 73, § 1; 1978, ch. 906, § 25; 1979, ch. 21, § 2; T.C.A., § 62-1803; Acts 1988, ch. 1013, § 33; 2012 , ch. 795, § 1.
(a) (1) To carry out this part, there is hereby created a state board of examiners for land surveyors. This board shall consist of three (3) members to be appointed by the governor under the conditions described as follows: initially the governor shall appoint on the board three (3) land surveyors, qualified as herein required, one (1) of whom shall come from each of the three (3) grand divisions, designating one (1) of those persons to serve for a period of two (2) years, one (1) for a period of four (4) years and one (1) for a period of six (6) years. (2) Shortly before the expiration of the term of each member, a successor shall be appointed from the same grand division. (3) The term of office of all members shall begin on July 1 following their appointment, except those appointed to fill vacancies, but each member shall hold office until a successor is appointed and qualified. (4) Each appointment after the first shall be for a period of six (6) years.
(1) To carry out this part, there is hereby created a state board of examiners for land surveyors. This board shall consist of three (3) members to be appointed by the governor under the conditions described as follows: initially the governor shall appoint on the board three (3) land surveyors, qualified as herein required, one (1) of whom shall come from each of the three (3) grand divisions, designating one (1) of those persons to serve for a period of two (2) years, one (1) for a period of four (4) years and one (1) for a period of six (6) years.
(2) Shortly before the expiration of the term of each member, a successor shall be appointed from the same grand division.
(3) The term of office of all members shall begin on July 1 following their appointment, except those appointed to fill vacancies, but each member shall hold office until a successor is appointed and qualified.
(4) Each appointment after the first shall be for a period of six (6) years.
(b) The board is attached for administrative purposes to the division of regulatory boards in the department of commerce and insurance.
(c) (1) Appointments to the board may be made by the governor from lists of qualified nominees submitted by interested land surveyor groups, including, but not limited to, the Tennessee Association of Professional Surveyors. The lists shall be submitted at least sixty (60) days before the expiration of any term or, in the case of vacancies occurring during terms of office, within thirty (30) days following the occurrence of the vacancy. The governor shall consult with such interested groups to determine qualified persons to fill the positions. (2) In making appointments to the board under the authority of this section or under the authority of § 62-18-104 , the governor shall strive to ensure that at least one (1) person serving on the board is sixty (60) years of age or older and that at least one (1) person serving on the board is a member of a racial minority.
(1) Appointments to the board may be made by the governor from lists of qualified nominees submitted by interested land surveyor groups, including, but not limited to, the Tennessee Association of Professional Surveyors. The lists shall be submitted at least sixty (60) days before the expiration of any term or, in the case of vacancies occurring during terms of office, within thirty (30) days following the occurrence of the vacancy. The governor shall consult with such interested groups to determine qualified persons to fill the positions.
(2) In making appointments to the board under the authority of this section or under the authority of § 62-18-104 , the governor shall strive to ensure that at least one (1) person serving on the board is sixty (60) years of age or older and that at least one (1) person serving on the board is a member of a racial minority.
(d) (1) The three (3) members of the board shall each have had at least ten (10) years' experience in the practice of land surveying and shall have been in responsible charge of work for at least five (5) years. (2) Each member of the board shall be a citizen of the United States and shall have been a resident of this state for five (5) years at the time of appointment, and shall be at least thirty-five (35) years of age.
(1) The three (3) members of the board shall each have had at least ten (10) years' experience in the practice of land surveying and shall have been in responsible charge of work for at least five (5) years.
(2) Each member of the board shall be a citizen of the United States and shall have been a resident of this state for five (5) years at the time of appointment, and shall be at least thirty-five (35) years of age.
(e) The governor may remove any member of the board for misconduct, incapacity or neglect of duty.
Acts 1969, ch. 207, §§ 3, 4; impl. am. Acts 1971, ch. 137, § 1; Acts 1973, ch. 89, § 1; 1977, ch. 73, § 1; 1978, ch. 906, § 25; 1979, ch. 21, § 2; T.C.A., § 62-1803; Acts 1988, ch. 1013, § 33; 2012 , ch. 795, § 1.
Tenn. Code Ann. § 62-2-205 — TN Code / Title 62 / Chapter 2 / Section 62-2-205
Executive director
Status: in_force

The board shall have an executive director who shall perform all administrative functions for the board. Acts 1979, ch. 263, § 6; T.C.A., § 62-206; Acts 1995, ch. 197, § 1.
The board shall have an executive director who shall perform all administrative functions for the board.
Acts 1979, ch. 263, § 6; T.C.A., § 62-206; Acts 1995, ch. 197, § 1.
Tenn. Code Ann. § 62-5-106 — TN Code / Title 62 / Chapter 5 / Section 62-5-106
Advertisements
Status: in_force

Any advertisement by a funeral director or embalmer for the sale of merchandise or services that indicates a specific price shall include an itemized listing of each and every item, procedure or service and shall show the price of the item. Failure to include the itemized price listing in any advertisement constitutes misrepresentation or fraud in the conduct of the business of the funeral establishment or false and misleading advertising as used in § 62-5-317 . Acts 1984, ch. 533, § 1.
Any advertisement by a funeral director or embalmer for the sale of merchandise or services that indicates a specific price shall include an itemized listing of each and every item, procedure or service and shall show the price of the item. Failure to include the itemized price listing in any advertisement constitutes misrepresentation or fraud in the conduct of the business of the funeral establishment or false and misleading advertising as used in § 62-5-317 .
Acts 1984, ch. 533, § 1.
Tenn. Code Ann. § 62-21-106 — TN Code / Title 62 / Chapter 21 / Section 62-21-106
Office and branch office requirements - Employees
Status: in_force

(a) (1) Each person applying for or holding a charter shall have, for each office or branch office, a licensed commercial pest control operator for each category of service offered. (2) The technical service work of each office or branch office shall be under the direct supervision of the licensed operator. (3) The technical service work shall be performed by employees who meet the qualifications established by rule. (b) (1) Each person chartered shall be required to have a commercial pest control operator for the main or supervisory office. (2) Branch offices must be supervised by licensed operators. (c) No licensed commercial pest control operator shall be permitted to supervise more than one (1) office or branch office. The commercial pest control operator for each office or branch shall be domiciled and resident at or near the office that the operator supervises and shall report to the office the operator supervises on a regular routine work basis. Amended by 2020 Tenn. Acts, ch. 640, s 5, eff. 4/1/2020. Acts 1978, ch. 844, § 6; 1981, ch. 78, § 2; T.C.A., § 62-2106; Acts 1988, ch. 545, § 9.
(a) (1) Each person applying for or holding a charter shall have, for each office or branch office, a licensed commercial pest control operator for each category of service offered. (2) The technical service work of each office or branch office shall be under the direct supervision of the licensed operator. (3) The technical service work shall be performed by employees who meet the qualifications established by rule.
(1) Each person applying for or holding a charter shall have, for each office or branch office, a licensed commercial pest control operator for each category of service offered.
(2) The technical service work of each office or branch office shall be under the direct supervision of the licensed operator.
(3) The technical service work shall be performed by employees who meet the qualifications established by rule.
(b) (1) Each person chartered shall be required to have a commercial pest control operator for the main or supervisory office. (2) Branch offices must be supervised by licensed operators.
(1) Each person chartered shall be required to have a commercial pest control operator for the main or supervisory office.
(2) Branch offices must be supervised by licensed operators.
(c) No licensed commercial pest control operator shall be permitted to supervise more than one (1) office or branch office. The commercial pest control operator for each office or branch shall be domiciled and resident at or near the office that the operator supervises and shall report to the office the operator supervises on a regular routine work basis.
Amended by 2020 Tenn. Acts, ch. 640, s 5, eff. 4/1/2020.
Acts 1978, ch. 844, § 6; 1981, ch. 78, § 2; T.C.A., § 62-2106; Acts 1988, ch. 545, § 9.
Tenn. Code Ann. § 62-43-113 — TN Code / Title 62 / Chapter 43 / Section 62-43-113
Severability
Status: in_force

The provisions of this chapter are severable. If any provision of this chapter or application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application. Acts 2012, ch. 1081, § 1.
The provisions of this chapter are severable. If any provision of this chapter or application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application.
Acts 2012, ch. 1081, § 1.