Tenn. Code Ann. § 4-10-105 — TN Code / Title 4 / Chapter 10 / Section 4-10-105
Meetings - Committees - Rules of procedure
Status: in_force

(a) The commission shall hold meetings quarterly and at such other times as it deems necessary. The commission may hold public hearings from time to time on matters within its purview. (b) Each officer, board, commission, council, department or agency of state government, and each political subdivision of the state, shall make available all facts, records, information and data requested by the commission, and in all ways cooperate with the commission, in carrying out the functions and duties imposed by this chapter. (c) The commission may establish committees as it deems advisable and feasible, whose membership shall include at least one (1) member of the commission, but only the commission itself may set policy or take other official action. (d) The commission shall promulgate rules of procedure governing its operations; provided, that they are in accordance with the Uniform Administrative Procedures Act, compiled in chapter 5 of this title. (e) All meetings of the commission, or any committee thereof, at which public business is discussed or formal action is taken shall conform to title 8, chapter 44. (f) (1) (A) Any member who misses more than fifty percent (50%) of the scheduled meetings in a calendar year shall be removed as a member of the commission. (B) Subdivision (f)(1)(A) shall not apply to members appointed under § 4-10-103(a)(1), (2), and (11) , or the commissioner of finance and administration if appointed under § 4-10-103(a)(7) . (2) The executive director of the commission shall promptly notify, or cause to be notified, the appointing authority of any member who fails to satisfy the attendance requirement as prescribed in subdivision (f)(1)(A). Amended by 2017 Tenn. Acts, ch. 116,s 3, eff. 4/12/2017. Acts 1978, ch. 939, § 5; T.C.A., § 4-1005.
(a) The commission shall hold meetings quarterly and at such other times as it deems necessary. The commission may hold public hearings from time to time on matters within its purview.
(b) Each officer, board, commission, council, department or agency of state government, and each political subdivision of the state, shall make available all facts, records, information and data requested by the commission, and in all ways cooperate with the commission, in carrying out the functions and duties imposed by this chapter.
(c) The commission may establish committees as it deems advisable and feasible, whose membership shall include at least one (1) member of the commission, but only the commission itself may set policy or take other official action.
(d) The commission shall promulgate rules of procedure governing its operations; provided, that they are in accordance with the Uniform Administrative Procedures Act, compiled in chapter 5 of this title.
(e) All meetings of the commission, or any committee thereof, at which public business is discussed or formal action is taken shall conform to title 8, chapter 44.
(f) (1) (A) Any member who misses more than fifty percent (50%) of the scheduled meetings in a calendar year shall be removed as a member of the commission. (B) Subdivision (f)(1)(A) shall not apply to members appointed under § 4-10-103(a)(1), (2), and (11) , or the commissioner of finance and administration if appointed under § 4-10-103(a)(7) . (2) The executive director of the commission shall promptly notify, or cause to be notified, the appointing authority of any member who fails to satisfy the attendance requirement as prescribed in subdivision (f)(1)(A).
(1) (A) Any member who misses more than fifty percent (50%) of the scheduled meetings in a calendar year shall be removed as a member of the commission. (B) Subdivision (f)(1)(A) shall not apply to members appointed under § 4-10-103(a)(1), (2), and (11) , or the commissioner of finance and administration if appointed under § 4-10-103(a)(7) .
(A) Any member who misses more than fifty percent (50%) of the scheduled meetings in a calendar year shall be removed as a member of the commission.
(B) Subdivision (f)(1)(A) shall not apply to members appointed under § 4-10-103(a)(1), (2), and (11) , or the commissioner of finance and administration if appointed under § 4-10-103(a)(7) .
(2) The executive director of the commission shall promptly notify, or cause to be notified, the appointing authority of any member who fails to satisfy the attendance requirement as prescribed in subdivision (f)(1)(A).
Amended by 2017 Tenn. Acts, ch. 116,s 3, eff. 4/12/2017.
Acts 1978, ch. 939, § 5; T.C.A., § 4-1005.
Tenn. Code Ann. § 4-3-2404 — TN Code / Title 4 / Chapter 3 / Section 4-3-2404
State building commission personnel
Status: in_force

There shall be attached to the department of treasury personnel employed by the state building commission for all administrative purposes, except the discharge of the duties and functions directly required of such personnel by the state building commission. Acts 2017, ch. 87, § 2.
There shall be attached to the department of treasury personnel employed by the state building commission for all administrative purposes, except the discharge of the duties and functions directly required of such personnel by the state building commission.
Acts 2017, ch. 87, § 2.
Tenn. Code Ann. § 4-28-106 — TN Code / Title 4 / Chapter 28 / Section 4-28-106
Maintaining certification - Penalty for failure to meet performance measures - Request for written determination that proposed investment will qualify as a qualified investment in a qualified business or a seed or early stage investment
Status: in_force

(a) (1) (A) To maintain its certification, a qualified TNInvestco shall make qualified investments, as follows: (i) Within two (2) years after the allocation date, a qualified TNInvestco shall have invested an amount equal to at least fifty percent (50%) of its base investment amount in qualified investments; (ii) Within three (3) years after the allocation date, a qualified TNInvestco shall have invested an amount equal to at least seventy percent (70%) of its base investment amount in qualified investments; (iii) Within four (4) years after the allocation date, a qualified TNInvestco shall have invested an amount equal to at least eighty percent (80%) of its base investment amount in qualified investments; and (iv) Within six (6) years or any year thereafter the allocation date, a qualified TNInvestco shall have invested an amount equal to at least ninety percent (90%) of its base investment amount in qualified investments. (B) Not more than twenty-five percent (25%) of the investment amounts required by subdivisions (a)(1)(A)(i)-(iv) shall be attributable to the three-hundred-percent (300%) seed or early-stage multiplier. (2) Failure to meet the performance measures set out in subdivision (a)(1) during any calendar year shall result in a two-hundred-fifty-thousand-dollar penalty fee against the qualified TNInvestco. The proceeds from any such penalty fee shall be deposited into the Tennessee rural opportunity fund to further the state's economic development efforts. Funds related to the investment tax credit shall not be used to pay the penalty fee imposed under this subdivision (a)(2). (b) Prior to making a proposed qualified investment in a specific business, a qualified TNInvestco must request from the department of economic and community development a written determination that the proposed investment will qualify as a qualified investment in a qualified business or, if applicable, a seed or early stage investment. The department shall notify a qualified TNInvestco within ten (10) business days from the receipt of a request of its determination. If the department fails to notify the qualified TNInvestco of its determination within ten (10) business days, the proposed investment will be deemed to be a qualified investment in a qualified business and, if applicable, a seed or early stage investment. If the department determines that the proposed investment does not meet the definition of a qualified investment, qualified business, or seed or early stage investment, the department may nevertheless consider the proposed investment a qualified investment, or a seed or early stage investment, and if necessary, the business a qualified business, if the department determines that the proposed investment will further state economic development. (c) All designated capital not invested in qualified investments by a qualified TNInvestco shall be held in an escrow account maintained by the state and administered through the department of economic and community development. (d) A qualified TNInvestco may not invest more than fifteen percent (15%) of its designated capital in any one qualified business without the specific approval of the department of economic and community development. (e) Any amounts that have not been invested by the TNInvestco at the end of the investment period shall be forfeited and paid to the state to support the Tennessee rural opportunity fund. Investment returns, profits and the portion of the base investment amount, may be reinvested until the seventh anniversary of the fund. If a TNInvestco elects to reinvest returns, the TNInvestco shall reinvest the state's and the TNInvestco's returns in equal portions. (f) No qualified TNInvestco shall sell any interest in a qualified business to an affiliate unless the TNInvestco has first obtained written authorization for the sale from the department of economic and community development. (g) (1) All qualified TNInvestcos, and the qualified businesses in which they invest, shall strive to maximize the participation of minority-owned businesses and woman-owned businesses to reflect the racial, ethnic and gender diversity of Tennessee's population. (2) The department of economic and community development shall promote awareness of the program established by this chapter among minority-owned businesses and woman-owned businesses. (3) The department of economic and community development shall undertake training programs and other educational activities to increase diversity of participation by encouraging minority-owned businesses and woman-owned businesses to apply, compete and qualify for investments under this chapter. (4) Each TNInvestco shall coordinate its efforts to strive to maximize participation in minority-owned businesses and woman-owned businesses with the efforts of the department of economic and community development. (5) Each TNInvestco shall provide information on its website concerning this program and the availability of capital to businesses including minority-owned businesses and woman-owned businesses. Amended by 2014 Tenn. Acts, ch. 611, s 9, eff. 7/1/2014. Acts 2009 , ch. 610, § 7; 2010 , ch. 1142, §§ 10- 12, 26.
(a) (1) (A) To maintain its certification, a qualified TNInvestco shall make qualified investments, as follows: (i) Within two (2) years after the allocation date, a qualified TNInvestco shall have invested an amount equal to at least fifty percent (50%) of its base investment amount in qualified investments; (ii) Within three (3) years after the allocation date, a qualified TNInvestco shall have invested an amount equal to at least seventy percent (70%) of its base investment amount in qualified investments; (iii) Within four (4) years after the allocation date, a qualified TNInvestco shall have invested an amount equal to at least eighty percent (80%) of its base investment amount in qualified investments; and (iv) Within six (6) years or any year thereafter the allocation date, a qualified TNInvestco shall have invested an amount equal to at least ninety percent (90%) of its base investment amount in qualified investments. (B) Not more than twenty-five percent (25%) of the investment amounts required by subdivisions (a)(1)(A)(i)-(iv) shall be attributable to the three-hundred-percent (300%) seed or early-stage multiplier. (2) Failure to meet the performance measures set out in subdivision (a)(1) during any calendar year shall result in a two-hundred-fifty-thousand-dollar penalty fee against the qualified TNInvestco. The proceeds from any such penalty fee shall be deposited into the Tennessee rural opportunity fund to further the state's economic development efforts. Funds related to the investment tax credit shall not be used to pay the penalty fee imposed under this subdivision (a)(2).
(1) (A) To maintain its certification, a qualified TNInvestco shall make qualified investments, as follows: (i) Within two (2) years after the allocation date, a qualified TNInvestco shall have invested an amount equal to at least fifty percent (50%) of its base investment amount in qualified investments; (ii) Within three (3) years after the allocation date, a qualified TNInvestco shall have invested an amount equal to at least seventy percent (70%) of its base investment amount in qualified investments; (iii) Within four (4) years after the allocation date, a qualified TNInvestco shall have invested an amount equal to at least eighty percent (80%) of its base investment amount in qualified investments; and (iv) Within six (6) years or any year thereafter the allocation date, a qualified TNInvestco shall have invested an amount equal to at least ninety percent (90%) of its base investment amount in qualified investments. (B) Not more than twenty-five percent (25%) of the investment amounts required by subdivisions (a)(1)(A)(i)-(iv) shall be attributable to the three-hundred-percent (300%) seed or early-stage multiplier.
(A) To maintain its certification, a qualified TNInvestco shall make qualified investments, as follows: (i) Within two (2) years after the allocation date, a qualified TNInvestco shall have invested an amount equal to at least fifty percent (50%) of its base investment amount in qualified investments; (ii) Within three (3) years after the allocation date, a qualified TNInvestco shall have invested an amount equal to at least seventy percent (70%) of its base investment amount in qualified investments; (iii) Within four (4) years after the allocation date, a qualified TNInvestco shall have invested an amount equal to at least eighty percent (80%) of its base investment amount in qualified investments; and (iv) Within six (6) years or any year thereafter the allocation date, a qualified TNInvestco shall have invested an amount equal to at least ninety percent (90%) of its base investment amount in qualified investments.
(i) Within two (2) years after the allocation date, a qualified TNInvestco shall have invested an amount equal to at least fifty percent (50%) of its base investment amount in qualified investments;
(ii) Within three (3) years after the allocation date, a qualified TNInvestco shall have invested an amount equal to at least seventy percent (70%) of its base investment amount in qualified investments;
(iii) Within four (4) years after the allocation date, a qualified TNInvestco shall have invested an amount equal to at least eighty percent (80%) of its base investment amount in qualified investments; and
(iv) Within six (6) years or any year thereafter the allocation date, a qualified TNInvestco shall have invested an amount equal to at least ninety percent (90%) of its base investment amount in qualified investments.
(B) Not more than twenty-five percent (25%) of the investment amounts required by subdivisions (a)(1)(A)(i)-(iv) shall be attributable to the three-hundred-percent (300%) seed or early-stage multiplier.
(2) Failure to meet the performance measures set out in subdivision (a)(1) during any calendar year shall result in a two-hundred-fifty-thousand-dollar penalty fee against the qualified TNInvestco. The proceeds from any such penalty fee shall be deposited into the Tennessee rural opportunity fund to further the state's economic development efforts. Funds related to the investment tax credit shall not be used to pay the penalty fee imposed under this subdivision (a)(2).
(b) Prior to making a proposed qualified investment in a specific business, a qualified TNInvestco must request from the department of economic and community development a written determination that the proposed investment will qualify as a qualified investment in a qualified business or, if applicable, a seed or early stage investment. The department shall notify a qualified TNInvestco within ten (10) business days from the receipt of a request of its determination. If the department fails to notify the qualified TNInvestco of its determination within ten (10) business days, the proposed investment will be deemed to be a qualified investment in a qualified business and, if applicable, a seed or early stage investment. If the department determines that the proposed investment does not meet the definition of a qualified investment, qualified business, or seed or early stage investment, the department may nevertheless consider the proposed investment a qualified investment, or a seed or early stage investment, and if necessary, the business a qualified business, if the department determines that the proposed investment will further state economic development.
(c) All designated capital not invested in qualified investments by a qualified TNInvestco shall be held in an escrow account maintained by the state and administered through the department of economic and community development.
(d) A qualified TNInvestco may not invest more than fifteen percent (15%) of its designated capital in any one qualified business without the specific approval of the department of economic and community development.
(e) Any amounts that have not been invested by the TNInvestco at the end of the investment period shall be forfeited and paid to the state to support the Tennessee rural opportunity fund. Investment returns, profits and the portion of the base investment amount, may be reinvested until the seventh anniversary of the fund. If a TNInvestco elects to reinvest returns, the TNInvestco shall reinvest the state's and the TNInvestco's returns in equal portions.
(f) No qualified TNInvestco shall sell any interest in a qualified business to an affiliate unless the TNInvestco has first obtained written authorization for the sale from the department of economic and community development.
(g) (1) All qualified TNInvestcos, and the qualified businesses in which they invest, shall strive to maximize the participation of minority-owned businesses and woman-owned businesses to reflect the racial, ethnic and gender diversity of Tennessee's population. (2) The department of economic and community development shall promote awareness of the program established by this chapter among minority-owned businesses and woman-owned businesses. (3) The department of economic and community development shall undertake training programs and other educational activities to increase diversity of participation by encouraging minority-owned businesses and woman-owned businesses to apply, compete and qualify for investments under this chapter. (4) Each TNInvestco shall coordinate its efforts to strive to maximize participation in minority-owned businesses and woman-owned businesses with the efforts of the department of economic and community development. (5) Each TNInvestco shall provide information on its website concerning this program and the availability of capital to businesses including minority-owned businesses and woman-owned businesses.
(1) All qualified TNInvestcos, and the qualified businesses in which they invest, shall strive to maximize the participation of minority-owned businesses and woman-owned businesses to reflect the racial, ethnic and gender diversity of Tennessee's population.
(2) The department of economic and community development shall promote awareness of the program established by this chapter among minority-owned businesses and woman-owned businesses.
(3) The department of economic and community development shall undertake training programs and other educational activities to increase diversity of participation by encouraging minority-owned businesses and woman-owned businesses to apply, compete and qualify for investments under this chapter.
(4) Each TNInvestco shall coordinate its efforts to strive to maximize participation in minority-owned businesses and woman-owned businesses with the efforts of the department of economic and community development.
(5) Each TNInvestco shall provide information on its website concerning this program and the availability of capital to businesses including minority-owned businesses and woman-owned businesses.
Amended by 2014 Tenn. Acts, ch. 611, s 9, eff. 7/1/2014.
Acts 2009 , ch. 610, § 7; 2010 , ch. 1142, §§ 10- 12, 26.
Tenn. Code Ann. § 4-31-502 — TN Code / Title 4 / Chapter 31 / Section 4-31-502
Intent
Status: in_force

It is in the interest and welfare of the people of Tennessee that the Tennessee local development authority be empowered to issue its revenue bonds and to make the bond proceeds or state appropriations available for loans to counties for the purchase of equipment for the use of the county or volunteer fire departments serving unincorporated areas of the county, in order to provide equipment to public safety officers in an effort to protect the citizens of Tennessee, result in improvements in fire ratings, and reduce fire insurance premiums. Amended by 2023 Tenn. Acts, ch. 378, s 2, eff. 5/11/2023. Acts 1986, ch. 846, § 14.
It is in the interest and welfare of the people of Tennessee that the Tennessee local development authority be empowered to issue its revenue bonds and to make the bond proceeds or state appropriations available for loans to counties for the purchase of equipment for the use of the county or volunteer fire departments serving unincorporated areas of the county, in order to provide equipment to public safety officers in an effort to protect the citizens of Tennessee, result in improvements in fire ratings, and reduce fire insurance premiums.
Amended by 2023 Tenn. Acts, ch. 378, s 2, eff. 5/11/2023.
Acts 1986, ch. 846, § 14.
Tenn. Code Ann. § 4-5-208 — TN Code / Title 4 / Chapter 5 / Section 4-5-208
Emergency rules
Status: in_force

(a) An agency may, upon stating its reasons in writing for making such findings, proceed without prior notice or hearing to adopt an emergency rule, if the agency finds that: (1) An immediate danger to the public health, safety or welfare exists, and the nature of this danger is such that the use of any other form of rulemaking authorized by this chapter would not adequately protect the public; (2) The rule only delays the effective date of another rule that is not yet effective; (3) It is required by the constitution or court order; (4) It is required by an agency of the federal government and adoption of the rule through ordinary rulemaking procedures described in this chapter might jeopardize the loss of a federal program or funds; or (5) The agency is required by an enactment of the general assembly to implement rules within a prescribed period of time that precludes utilization of rulemaking procedures described elsewhere in this chapter for the promulgation of permanent rules. (b) The emergency rule shall become effective immediately, unless otherwise stated in the rule, upon a copy of the rule and a copy of the written statement of the reasons for the rule being filed with the secretary of state. The emergency rule may be effective for a period of not longer than one hundred eighty (180) days. An agency shall not adopt the same or a substantially similar emergency rule within one (1) calendar year from its first adoption, unless the agency clearly establishes that it could not reasonably be foreseen during the initial one hundred eighty-day period that the emergency would continue or would likely recur during the next nine (9) months. The adoption of the same or substantially similar rule through ordinary rulemaking procedures authorized by this chapter shall not be precluded by this section. (c) The agency shall take steps to make emergency rules known to persons who will be affected by the rules. The secretary of state shall post the emergency rule filing to the administrative register website within four (4) days of filing. An emergency rule filing shall remain on the administrative register website until the filing expires. The secretary of state shall update relevant rules to reflect the filing and the expiration of emergency rules. (d) In any action contesting a rule adopted in reliance upon this section, the burden of persuasion shall be upon the agency to demonstrate that the rule meets the criteria established by this section. (e) An agency's finding of an emergency pursuant to this section shall not be based upon the agency's failure to timely process and file rules through the normal rulemaking process. Amended by 2014 Tenn. Acts, ch. 782, s 3, eff. 7/1/2014. Acts 1982, ch. 874, § 17; 1991, ch. 346, § 4; 1993, ch. 316, §§ 4, 5; 2009 , ch. 566, § 11.
(a) An agency may, upon stating its reasons in writing for making such findings, proceed without prior notice or hearing to adopt an emergency rule, if the agency finds that: (1) An immediate danger to the public health, safety or welfare exists, and the nature of this danger is such that the use of any other form of rulemaking authorized by this chapter would not adequately protect the public; (2) The rule only delays the effective date of another rule that is not yet effective; (3) It is required by the constitution or court order; (4) It is required by an agency of the federal government and adoption of the rule through ordinary rulemaking procedures described in this chapter might jeopardize the loss of a federal program or funds; or (5) The agency is required by an enactment of the general assembly to implement rules within a prescribed period of time that precludes utilization of rulemaking procedures described elsewhere in this chapter for the promulgation of permanent rules.
(1) An immediate danger to the public health, safety or welfare exists, and the nature of this danger is such that the use of any other form of rulemaking authorized by this chapter would not adequately protect the public;
(2) The rule only delays the effective date of another rule that is not yet effective;
(3) It is required by the constitution or court order;
(4) It is required by an agency of the federal government and adoption of the rule through ordinary rulemaking procedures described in this chapter might jeopardize the loss of a federal program or funds; or
(5) The agency is required by an enactment of the general assembly to implement rules within a prescribed period of time that precludes utilization of rulemaking procedures described elsewhere in this chapter for the promulgation of permanent rules.
(b) The emergency rule shall become effective immediately, unless otherwise stated in the rule, upon a copy of the rule and a copy of the written statement of the reasons for the rule being filed with the secretary of state. The emergency rule may be effective for a period of not longer than one hundred eighty (180) days. An agency shall not adopt the same or a substantially similar emergency rule within one (1) calendar year from its first adoption, unless the agency clearly establishes that it could not reasonably be foreseen during the initial one hundred eighty-day period that the emergency would continue or would likely recur during the next nine (9) months. The adoption of the same or substantially similar rule through ordinary rulemaking procedures authorized by this chapter shall not be precluded by this section.
(c) The agency shall take steps to make emergency rules known to persons who will be affected by the rules. The secretary of state shall post the emergency rule filing to the administrative register website within four (4) days of filing. An emergency rule filing shall remain on the administrative register website until the filing expires. The secretary of state shall update relevant rules to reflect the filing and the expiration of emergency rules.
(d) In any action contesting a rule adopted in reliance upon this section, the burden of persuasion shall be upon the agency to demonstrate that the rule meets the criteria established by this section.
(e) An agency's finding of an emergency pursuant to this section shall not be based upon the agency's failure to timely process and file rules through the normal rulemaking process.
Amended by 2014 Tenn. Acts, ch. 782, s 3, eff. 7/1/2014.
Acts 1982, ch. 874, § 17; 1991, ch. 346, § 4; 1993, ch. 316, §§ 4, 5; 2009 , ch. 566, § 11.
Tenn. Code Ann. § 4-25-102 — TN Code / Title 4 / Chapter 25 / Section 4-25-102
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 279, s 1, eff. 5/3/2021. Acts 1976, ch. 757, § 2; T.C.A., § 4-2502.
Repealed by 2021 Tenn. Acts, ch. 279, s 1, eff. 5/3/2021.
Acts 1976, ch. 757, § 2; T.C.A., § 4-2502.
Tenn. Code Ann. § 4-58-108 — TN Code / Title 4 / Chapter 58 / Section 4-58-108
Interpretation consistent with federal and state law
Status: in_force

This chapter shall be interpreted consistently with all federal laws, including, but not limited to, federal laws regulating immigration, labor, and medicaid, and all state laws. Acts 2012, ch. 1061, § 1.
This chapter shall be interpreted consistently with all federal laws, including, but not limited to, federal laws regulating immigration, labor, and medicaid, and all state laws.
Acts 2012, ch. 1061, § 1.
Tenn. Code Ann. § 4-3-1021 — TN Code / Title 4 / Chapter 3 / Section 4-3-1021
Monitoring and auditing of pharmacy benefits manager's compliance with state pharmacy benefits management contract
Status: in_force

(a) The department of finance and administration shall monitor, and cause to be audited by its qualified independent auditor, the pharmacy benefits manager's compliance with any state pharmacy benefits management contract. The commissioner of finance and administration, or the commissioner's designee, shall report, by July 1 of each year, on the pharmacy benefits manager's contract compliance to the speaker of the senate, the speaker of the house of representatives and the fiscal review committee. (b) In order to comply with subsection (a), the department shall, after one (1) year of entering into or renewing any state pharmacy benefits management contract, annually perform a single risk assessment to determine those areas of the contracts that pose the greatest risk of noncompliance, fraud, waste and abuse. Upon completion of the risk assessment, the department shall incorporate the results of the risk assessment into its audit and monitoring plan. The department shall update the risk assessment when contract amendments result in additional risks of noncompliance, fraud, waste, or abuse. The department shall consult with the office of the comptroller of the treasury in determining the scope and extent of the audit and monitoring plan procedures. The department may submit the updated audit and monitoring plan, along with any audit or monitoring findings, to comply with the reporting requirement in subsection (a). (c) The audit and monitoring plan shall address all state pharmacy benefits management contracts and be designed to examine source documentation whenever such documentation is available. The plan shall include, but not be limited to, a review of: (1) Repricing of pharmacy claims at the drug level; (2) Validation of the national drug code (NDC) usage; (3) Appropriateness of the nationally recognized reference prices, or average wholesale price (AWP), in accordance with § 56-7-3104 ; (4) Eligibility of beneficiaries for pharmacy claims paid; (5) For pharmacy benefits contracts entered into or renewed on or after July 1, 2013, reconciliation of the pharmacy benefits manager's payments to pharmacies with the state's reimbursement to the pharmacy benefits manager; (6) Confirmation that the pharmacy benefits manager's payments to pharmacies do not reflect disparity among network pharmacies attributable to preferential treatment of one (1) or more pharmacies; (7) Recalculation of discount and dispensing fee guarantees; (8) Review of the state's claim utilization to ensure that per claim rebate guarantees were accurately calculated by the pharmacy benefits manager; (9) Review of rebate contracts between the pharmacy benefits manager and five (5) drug manufacturers, to be selected by the benefits administration division of the department, and the contracted auditor to ensure that eligible rebate utilization was accurately invoiced on behalf of the state; (10) Comparison of total rebates collected by the PBM (pass-through rebates) to the minimum rebate guarantees (per claim rebates) to ensure that annual reconciliation of rebate payments to the state represented the greater of the two (2) amounts; (11) Monitor the activities of the pharmacy benefits manager to ensure that the contractor is conducting audits and other reviews of pharmacies as provided in the contractor's scope of services; and (12) Consideration of other industry related risks to reduce the risk of financial losses due to fraud, waste and abuse. (d) The department shall seek appropriate remedies for contract noncompliance and occurrences of fraud, waste or abuse that are discovered through monitoring or audits. (e) The department shall have the authority to contract with a qualified independent auditor experienced in conducting pharmacy audits for auditing the pharmacy benefits manager's compliance with the contract. No contracted qualified independent auditor shall subcontract any part of the plan described in this section without the express written approval by the commissioner, or the commissioner's designee, and notification in writing to the comptroller of the treasury. (f) This section shall apply to any state or local health insurance plan established under title 8, chapter 27. Added by 2013 Tenn. Acts, ch. 408,s 1, eff. 5/14/2013.
(a) The department of finance and administration shall monitor, and cause to be audited by its qualified independent auditor, the pharmacy benefits manager's compliance with any state pharmacy benefits management contract. The commissioner of finance and administration, or the commissioner's designee, shall report, by July 1 of each year, on the pharmacy benefits manager's contract compliance to the speaker of the senate, the speaker of the house of representatives and the fiscal review committee.
(b) In order to comply with subsection (a), the department shall, after one (1) year of entering into or renewing any state pharmacy benefits management contract, annually perform a single risk assessment to determine those areas of the contracts that pose the greatest risk of noncompliance, fraud, waste and abuse. Upon completion of the risk assessment, the department shall incorporate the results of the risk assessment into its audit and monitoring plan. The department shall update the risk assessment when contract amendments result in additional risks of noncompliance, fraud, waste, or abuse. The department shall consult with the office of the comptroller of the treasury in determining the scope and extent of the audit and monitoring plan procedures. The department may submit the updated audit and monitoring plan, along with any audit or monitoring findings, to comply with the reporting requirement in subsection (a).
(c) The audit and monitoring plan shall address all state pharmacy benefits management contracts and be designed to examine source documentation whenever such documentation is available. The plan shall include, but not be limited to, a review of: (1) Repricing of pharmacy claims at the drug level; (2) Validation of the national drug code (NDC) usage; (3) Appropriateness of the nationally recognized reference prices, or average wholesale price (AWP), in accordance with § 56-7-3104 ; (4) Eligibility of beneficiaries for pharmacy claims paid; (5) For pharmacy benefits contracts entered into or renewed on or after July 1, 2013, reconciliation of the pharmacy benefits manager's payments to pharmacies with the state's reimbursement to the pharmacy benefits manager; (6) Confirmation that the pharmacy benefits manager's payments to pharmacies do not reflect disparity among network pharmacies attributable to preferential treatment of one (1) or more pharmacies; (7) Recalculation of discount and dispensing fee guarantees; (8) Review of the state's claim utilization to ensure that per claim rebate guarantees were accurately calculated by the pharmacy benefits manager; (9) Review of rebate contracts between the pharmacy benefits manager and five (5) drug manufacturers, to be selected by the benefits administration division of the department, and the contracted auditor to ensure that eligible rebate utilization was accurately invoiced on behalf of the state; (10) Comparison of total rebates collected by the PBM (pass-through rebates) to the minimum rebate guarantees (per claim rebates) to ensure that annual reconciliation of rebate payments to the state represented the greater of the two (2) amounts; (11) Monitor the activities of the pharmacy benefits manager to ensure that the contractor is conducting audits and other reviews of pharmacies as provided in the contractor's scope of services; and (12) Consideration of other industry related risks to reduce the risk of financial losses due to fraud, waste and abuse.
(1) Repricing of pharmacy claims at the drug level;
(2) Validation of the national drug code (NDC) usage;
(3) Appropriateness of the nationally recognized reference prices, or average wholesale price (AWP), in accordance with § 56-7-3104 ;
(4) Eligibility of beneficiaries for pharmacy claims paid;
(5) For pharmacy benefits contracts entered into or renewed on or after July 1, 2013, reconciliation of the pharmacy benefits manager's payments to pharmacies with the state's reimbursement to the pharmacy benefits manager;
(6) Confirmation that the pharmacy benefits manager's payments to pharmacies do not reflect disparity among network pharmacies attributable to preferential treatment of one (1) or more pharmacies;
(7) Recalculation of discount and dispensing fee guarantees;
(8) Review of the state's claim utilization to ensure that per claim rebate guarantees were accurately calculated by the pharmacy benefits manager;
(9) Review of rebate contracts between the pharmacy benefits manager and five (5) drug manufacturers, to be selected by the benefits administration division of the department, and the contracted auditor to ensure that eligible rebate utilization was accurately invoiced on behalf of the state;
(10) Comparison of total rebates collected by the PBM (pass-through rebates) to the minimum rebate guarantees (per claim rebates) to ensure that annual reconciliation of rebate payments to the state represented the greater of the two (2) amounts;
(11) Monitor the activities of the pharmacy benefits manager to ensure that the contractor is conducting audits and other reviews of pharmacies as provided in the contractor's scope of services; and
(12) Consideration of other industry related risks to reduce the risk of financial losses due to fraud, waste and abuse.
(d) The department shall seek appropriate remedies for contract noncompliance and occurrences of fraud, waste or abuse that are discovered through monitoring or audits.
(e) The department shall have the authority to contract with a qualified independent auditor experienced in conducting pharmacy audits for auditing the pharmacy benefits manager's compliance with the contract. No contracted qualified independent auditor shall subcontract any part of the plan described in this section without the express written approval by the commissioner, or the commissioner's designee, and notification in writing to the comptroller of the treasury.
(f) This section shall apply to any state or local health insurance plan established under title 8, chapter 27.
Added by 2013 Tenn. Acts, ch. 408,s 1, eff. 5/14/2013.
Tenn. Code Ann. § 4-49-115 — TN Code / Title 4 / Chapter 49 / Section 4-49-115
Integrity of sports wagering - Public interest
Status: in_force

(a) The council, licensees, and vendors shall cooperate with investigations conducted by sports governing bodies and law enforcement agencies, including, but not limited to, providing or facilitating the provision of account-level betting information and data files relating to persons placing wagers. (b) Licensees shall immediately report to the council any information relating to: (1) Criminal or disciplinary proceedings commenced against the licensee in connection with its operations; (2) Abnormal betting activity or patterns that may indicate a concern with the integrity of a sporting event; (3) Any potential breach of a sports governing body's internal rules and codes of conduct pertaining to sports wagering; (4) Conduct that corrupts the betting outcome of a sporting event for purposes of financial gain, including match fixing; and (5) Suspicious or illegal wagering activities, including cheating, the use of funds derived from illegal activity, wagers to conceal or launder funds derived from illegal activity, using agents to place wagers, and using false identification. (c) Licensees shall also immediately report information relating to conduct described in subdivisions (b)(2)-(4) to the relevant sports governing body. (d) Licensees shall share with the council, in real time and at the account level, information regarding a bettor, amount and type of bet, the time the bet was placed, the location of the bet, including the internet protocol address if applicable, the outcome of the bet, and records of abnormal betting activity. Information shared under this subsection (d) must be submitted in the form and manner as required by rule of the council. (e) If a sports governing body has notified the council that real-time information sharing for wagers placed on its sporting events is necessary and desirable, licensees shall share the same information with the sports governing body or its designee with respect to wagers on its sporting events. Such information may be provided in anonymized form and may be used by a sports governing body solely for integrity purposes. (f) In addition to its specific rulemaking authority under this part, the council may promulgate rules it deems necessary to maintain the integrity of sports wagering in this state and to protect the public interest. Renumbered from T.C.A. s 4-51-315 by 2021 Tenn. Acts, ch. 593, s 30, eff. 1/1/2022. Amended by 2021 Tenn. Acts, ch. 593, Secs.s 11, s 27eff. 1/1/2022. Added by 2019 Tenn. Acts, ch. 507, s 1, eff. 7/1/2019.
(a) The council, licensees, and vendors shall cooperate with investigations conducted by sports governing bodies and law enforcement agencies, including, but not limited to, providing or facilitating the provision of account-level betting information and data files relating to persons placing wagers.
(b) Licensees shall immediately report to the council any information relating to: (1) Criminal or disciplinary proceedings commenced against the licensee in connection with its operations; (2) Abnormal betting activity or patterns that may indicate a concern with the integrity of a sporting event; (3) Any potential breach of a sports governing body's internal rules and codes of conduct pertaining to sports wagering; (4) Conduct that corrupts the betting outcome of a sporting event for purposes of financial gain, including match fixing; and (5) Suspicious or illegal wagering activities, including cheating, the use of funds derived from illegal activity, wagers to conceal or launder funds derived from illegal activity, using agents to place wagers, and using false identification.
(1) Criminal or disciplinary proceedings commenced against the licensee in connection with its operations;
(2) Abnormal betting activity or patterns that may indicate a concern with the integrity of a sporting event;
(3) Any potential breach of a sports governing body's internal rules and codes of conduct pertaining to sports wagering;
(4) Conduct that corrupts the betting outcome of a sporting event for purposes of financial gain, including match fixing; and
(5) Suspicious or illegal wagering activities, including cheating, the use of funds derived from illegal activity, wagers to conceal or launder funds derived from illegal activity, using agents to place wagers, and using false identification.
(c) Licensees shall also immediately report information relating to conduct described in subdivisions (b)(2)-(4) to the relevant sports governing body.
(d) Licensees shall share with the council, in real time and at the account level, information regarding a bettor, amount and type of bet, the time the bet was placed, the location of the bet, including the internet protocol address if applicable, the outcome of the bet, and records of abnormal betting activity. Information shared under this subsection (d) must be submitted in the form and manner as required by rule of the council.
(e) If a sports governing body has notified the council that real-time information sharing for wagers placed on its sporting events is necessary and desirable, licensees shall share the same information with the sports governing body or its designee with respect to wagers on its sporting events. Such information may be provided in anonymized form and may be used by a sports governing body solely for integrity purposes.
(f) In addition to its specific rulemaking authority under this part, the council may promulgate rules it deems necessary to maintain the integrity of sports wagering in this state and to protect the public interest.
Renumbered from T.C.A. s 4-51-315 by 2021 Tenn. Acts, ch. 593, s 30, eff. 1/1/2022.
Amended by 2021 Tenn. Acts, ch. 593, Secs.s 11, s 27eff. 1/1/2022.
Added by 2019 Tenn. Acts, ch. 507, s 1, eff. 7/1/2019.
Tenn. Code Ann. § 4-5-202 — TN Code / Title 4 / Chapter 5 / Section 4-5-202
When hearings required
Status: in_force

(a) An agency shall precede all its rulemaking with notice and a public hearing unless: (1) The rule is adopted as an emergency rule; or (2) (A) The rule is promulgated as a proposed rule. (B) As used in this section, "proposed rule" and "proposed written rule" mean a rule that: (i) Involves minor, nonsubstantive modifications, including, but not limited to, clerical updates; (ii) Is approved by the joint government operations committee of the house of representatives and the senate pursuant to subdivision (a)(2)(C)(ii); (iii) Repeals an existing rule; or (iv) Eliminates or reduces a fee contained in an existing rule. (C) (i) Any rule promulgated as a proposed rule must be posted to the administrative register website within the secretary of state's website within seven (7) days of receipt, together with a statement that the agency will adopt the proposed rule without a public hearing unless within ninety (90) days after filing of the proposed rule with the secretary of state, a petition for a public hearing on the proposed rule is filed by ten (10) persons who will be affected by the rule, an association of ten (10) or more members, a municipality, or by a majority vote of any standing committee of the general assembly. If an agency receives such a petition, the agency shall not proceed with the proposed rulemaking until the agency has given notice and held a hearing as provided in this section. The agency shall forward the petition to the secretary of state. The secretary of state is not required to compile all filings of the preceding month into one (1) document. (ii) An agency may petition the joint government operations committee of the house of representatives and the senate to authorize a rule to be a proposed rule when the agency has given proper notice and held a public hearing pursuant to this part, but the rule is withdrawn to make nonsubstantive modifications to the rule prior to the review of the rule by the joint government operations committee. (b) Subdivision (a)(2) does not apply if another statute specifically requires the agency to hold a hearing prior to adoption of the rule under consideration. (c) The secretary of state shall prescribe rules governing the manner and form in which proposed written rules shall be prepared by the agencies for submission for publication under subdivision (a)(2). The secretary of state may require the online submission of rules and related filings pursuant to this part. The secretary of state may refuse to accept for publication any proposed rule that does not conform to such requirements. Amended by 2021 Tenn. Acts, ch. 531, s 2, eff. 7/1/2021. Amended by 2016 Tenn. Acts, ch. 576, s 1, eff. 7/1/2016. Amended by 2015 Tenn. Acts, ch. 502, s 1, eff. 7/1/2015. Amended by 2014 Tenn. Acts, ch. 782, s 1, eff. 7/1/2014. Acts 1975, ch. 370, § 8; 1978, ch. 938, § 3; T.C.A., § 4-530; Acts 1980, ch. 729, § 1; T.C.A., § 4-5-124; Acts 1982, ch. 874, § 10; 2009 , ch. 566, § 5.
(a) An agency shall precede all its rulemaking with notice and a public hearing unless: (1) The rule is adopted as an emergency rule; or (2) (A) The rule is promulgated as a proposed rule. (B) As used in this section, "proposed rule" and "proposed written rule" mean a rule that: (i) Involves minor, nonsubstantive modifications, including, but not limited to, clerical updates; (ii) Is approved by the joint government operations committee of the house of representatives and the senate pursuant to subdivision (a)(2)(C)(ii); (iii) Repeals an existing rule; or (iv) Eliminates or reduces a fee contained in an existing rule. (C) (i) Any rule promulgated as a proposed rule must be posted to the administrative register website within the secretary of state's website within seven (7) days of receipt, together with a statement that the agency will adopt the proposed rule without a public hearing unless within ninety (90) days after filing of the proposed rule with the secretary of state, a petition for a public hearing on the proposed rule is filed by ten (10) persons who will be affected by the rule, an association of ten (10) or more members, a municipality, or by a majority vote of any standing committee of the general assembly. If an agency receives such a petition, the agency shall not proceed with the proposed rulemaking until the agency has given notice and held a hearing as provided in this section. The agency shall forward the petition to the secretary of state. The secretary of state is not required to compile all filings of the preceding month into one (1) document. (ii) An agency may petition the joint government operations committee of the house of representatives and the senate to authorize a rule to be a proposed rule when the agency has given proper notice and held a public hearing pursuant to this part, but the rule is withdrawn to make nonsubstantive modifications to the rule prior to the review of the rule by the joint government operations committee.
(1) The rule is adopted as an emergency rule; or
(2) (A) The rule is promulgated as a proposed rule. (B) As used in this section, "proposed rule" and "proposed written rule" mean a rule that: (i) Involves minor, nonsubstantive modifications, including, but not limited to, clerical updates; (ii) Is approved by the joint government operations committee of the house of representatives and the senate pursuant to subdivision (a)(2)(C)(ii); (iii) Repeals an existing rule; or (iv) Eliminates or reduces a fee contained in an existing rule. (C) (i) Any rule promulgated as a proposed rule must be posted to the administrative register website within the secretary of state's website within seven (7) days of receipt, together with a statement that the agency will adopt the proposed rule without a public hearing unless within ninety (90) days after filing of the proposed rule with the secretary of state, a petition for a public hearing on the proposed rule is filed by ten (10) persons who will be affected by the rule, an association of ten (10) or more members, a municipality, or by a majority vote of any standing committee of the general assembly. If an agency receives such a petition, the agency shall not proceed with the proposed rulemaking until the agency has given notice and held a hearing as provided in this section. The agency shall forward the petition to the secretary of state. The secretary of state is not required to compile all filings of the preceding month into one (1) document. (ii) An agency may petition the joint government operations committee of the house of representatives and the senate to authorize a rule to be a proposed rule when the agency has given proper notice and held a public hearing pursuant to this part, but the rule is withdrawn to make nonsubstantive modifications to the rule prior to the review of the rule by the joint government operations committee.
(A) The rule is promulgated as a proposed rule.
(B) As used in this section, "proposed rule" and "proposed written rule" mean a rule that: (i) Involves minor, nonsubstantive modifications, including, but not limited to, clerical updates; (ii) Is approved by the joint government operations committee of the house of representatives and the senate pursuant to subdivision (a)(2)(C)(ii); (iii) Repeals an existing rule; or (iv) Eliminates or reduces a fee contained in an existing rule.
(i) Involves minor, nonsubstantive modifications, including, but not limited to, clerical updates;
(ii) Is approved by the joint government operations committee of the house of representatives and the senate pursuant to subdivision (a)(2)(C)(ii);
(iii) Repeals an existing rule; or
(iv) Eliminates or reduces a fee contained in an existing rule.
(C) (i) Any rule promulgated as a proposed rule must be posted to the administrative register website within the secretary of state's website within seven (7) days of receipt, together with a statement that the agency will adopt the proposed rule without a public hearing unless within ninety (90) days after filing of the proposed rule with the secretary of state, a petition for a public hearing on the proposed rule is filed by ten (10) persons who will be affected by the rule, an association of ten (10) or more members, a municipality, or by a majority vote of any standing committee of the general assembly. If an agency receives such a petition, the agency shall not proceed with the proposed rulemaking until the agency has given notice and held a hearing as provided in this section. The agency shall forward the petition to the secretary of state. The secretary of state is not required to compile all filings of the preceding month into one (1) document. (ii) An agency may petition the joint government operations committee of the house of representatives and the senate to authorize a rule to be a proposed rule when the agency has given proper notice and held a public hearing pursuant to this part, but the rule is withdrawn to make nonsubstantive modifications to the rule prior to the review of the rule by the joint government operations committee.
(i) Any rule promulgated as a proposed rule must be posted to the administrative register website within the secretary of state's website within seven (7) days of receipt, together with a statement that the agency will adopt the proposed rule without a public hearing unless within ninety (90) days after filing of the proposed rule with the secretary of state, a petition for a public hearing on the proposed rule is filed by ten (10) persons who will be affected by the rule, an association of ten (10) or more members, a municipality, or by a majority vote of any standing committee of the general assembly. If an agency receives such a petition, the agency shall not proceed with the proposed rulemaking until the agency has given notice and held a hearing as provided in this section. The agency shall forward the petition to the secretary of state. The secretary of state is not required to compile all filings of the preceding month into one (1) document.
(ii) An agency may petition the joint government operations committee of the house of representatives and the senate to authorize a rule to be a proposed rule when the agency has given proper notice and held a public hearing pursuant to this part, but the rule is withdrawn to make nonsubstantive modifications to the rule prior to the review of the rule by the joint government operations committee.
(b) Subdivision (a)(2) does not apply if another statute specifically requires the agency to hold a hearing prior to adoption of the rule under consideration.
(c) The secretary of state shall prescribe rules governing the manner and form in which proposed written rules shall be prepared by the agencies for submission for publication under subdivision (a)(2). The secretary of state may require the online submission of rules and related filings pursuant to this part. The secretary of state may refuse to accept for publication any proposed rule that does not conform to such requirements.
Amended by 2021 Tenn. Acts, ch. 531, s 2, eff. 7/1/2021.
Amended by 2016 Tenn. Acts, ch. 576, s 1, eff. 7/1/2016.
Amended by 2015 Tenn. Acts, ch. 502, s 1, eff. 7/1/2015.
Amended by 2014 Tenn. Acts, ch. 782, s 1, eff. 7/1/2014.
Acts 1975, ch. 370, § 8; 1978, ch. 938, § 3; T.C.A., § 4-530; Acts 1980, ch. 729, § 1; T.C.A., § 4-5-124; Acts 1982, ch. 874, § 10; 2009 , ch. 566, § 5.
Tenn. Code Ann. § 4-35-105 — TN Code / Title 4 / Chapter 35 / Section 4-35-105
Responsibilities of audit committee
Status: in_force

The responsibilities of an audit committee created pursuant to this chapter include, but are not limited to: (1) Overseeing the financial reporting and related disclosures, especially when financial statements are issued; (2) Evaluating management's assessment of the body's system of internal controls; (3) Formally reiterating, on a regular basis, to the state governing board, council, commission, equivalent body, or management and staff of the agency to which the audit committee is attached, the responsibility of the state governing board, council, commission, equivalent body, or management and staff of the agency for preventing, detecting, and reporting fraud, waste, and abuse; (4) Serving as a facilitator of any audits or investigations of the body to which the audit committee is attached, including advising auditors and investigators of any information the audit committee may receive pertinent to audit or investigative matters; (5) Informing the comptroller of the treasury of the results of assessment and controls to reduce the risk of fraud; and (6) Promptly notifying the comptroller of the treasury of any indications of fraud. Acts 2005, ch. 310, § 6.
The responsibilities of an audit committee created pursuant to this chapter include, but are not limited to:
(1) Overseeing the financial reporting and related disclosures, especially when financial statements are issued;
(2) Evaluating management's assessment of the body's system of internal controls;
(3) Formally reiterating, on a regular basis, to the state governing board, council, commission, equivalent body, or management and staff of the agency to which the audit committee is attached, the responsibility of the state governing board, council, commission, equivalent body, or management and staff of the agency for preventing, detecting, and reporting fraud, waste, and abuse;
(4) Serving as a facilitator of any audits or investigations of the body to which the audit committee is attached, including advising auditors and investigators of any information the audit committee may receive pertinent to audit or investigative matters;
(5) Informing the comptroller of the treasury of the results of assessment and controls to reduce the risk of fraud; and
(6) Promptly notifying the comptroller of the treasury of any indications of fraud.
Acts 2005, ch. 310, § 6.
Tenn. Code Ann. § 4-18-107 — TN Code / Title 4 / Chapter 18 / Section 4-18-107
Provisions are not exclusive - Severability - Liberal construction
Status: in_force

(a) This chapter is not exclusive, and the remedies provided for in this chapter shall be in addition to any other remedies provided for by law or available under common law. (b) If any provision of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the chapter that can be given effect without the invalid provision or application, and to that end this chapter is declared to be severable. (c) This chapter is declared to be remedial in nature and this chapter shall be liberally construed to effectuate its purposes. Acts 2001, ch. 367, § 7.
(a) This chapter is not exclusive, and the remedies provided for in this chapter shall be in addition to any other remedies provided for by law or available under common law.
(b) If any provision of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the chapter that can be given effect without the invalid provision or application, and to that end this chapter is declared to be severable.
(c) This chapter is declared to be remedial in nature and this chapter shall be liberally construed to effectuate its purposes.
Acts 2001, ch. 367, § 7.
Tenn. Code Ann. § 4-31-1102 — TN Code / Title 4 / Chapter 31 / Section 4-31-1102
Program provisions
Status: in_force

Any program established by the authority pursuant to this part may include such provisions as may be agreed upon by the parties and shall additionally include, among other things, in substance, the following: (1) The structural requirements of the education debt issued by the LGU, including payment dates, maturity schedule, interest rates, and paying agent; (2) The coverage requirement for the available local capital outlay funds, provided that the maximum annual debt service on the education debt can be no greater than the available local capital outlay funds in the prior fiscal year divided by 1.25; (3) A description and estimated costs of the education project; and (4) An agreement by the LGU and the LEA to: (A) Proceed expeditiously with, and use its best efforts to complete, the education project; (B) Commence operation of the education project as soon as possible after completion, and not to use the education project for any purpose not approved pursuant to this part, and not to discontinue operations or dispose of the education project without the prior approval of the authority and the department of education; (C) Operate and maintain the project in accordance with applicable provisions of this part and rules and regulations of the department of education; (D) Assign or pledge available local capital outlay funds; and (E) Cause to be made an annual audit of the financial records of the LEA each fiscal year in accordance with generally accepted government auditing standards, and to furnish a copy of each such audit to the comptroller of the treasury. Acts 2005, ch. 211, § 1.
Any program established by the authority pursuant to this part may include such provisions as may be agreed upon by the parties and shall additionally include, among other things, in substance, the following:
(1) The structural requirements of the education debt issued by the LGU, including payment dates, maturity schedule, interest rates, and paying agent;
(2) The coverage requirement for the available local capital outlay funds, provided that the maximum annual debt service on the education debt can be no greater than the available local capital outlay funds in the prior fiscal year divided by 1.25;
(3) A description and estimated costs of the education project; and
(4) An agreement by the LGU and the LEA to: (A) Proceed expeditiously with, and use its best efforts to complete, the education project; (B) Commence operation of the education project as soon as possible after completion, and not to use the education project for any purpose not approved pursuant to this part, and not to discontinue operations or dispose of the education project without the prior approval of the authority and the department of education; (C) Operate and maintain the project in accordance with applicable provisions of this part and rules and regulations of the department of education; (D) Assign or pledge available local capital outlay funds; and (E) Cause to be made an annual audit of the financial records of the LEA each fiscal year in accordance with generally accepted government auditing standards, and to furnish a copy of each such audit to the comptroller of the treasury.
(A) Proceed expeditiously with, and use its best efforts to complete, the education project;
(B) Commence operation of the education project as soon as possible after completion, and not to use the education project for any purpose not approved pursuant to this part, and not to discontinue operations or dispose of the education project without the prior approval of the authority and the department of education;
(C) Operate and maintain the project in accordance with applicable provisions of this part and rules and regulations of the department of education;
(D) Assign or pledge available local capital outlay funds; and
(E) Cause to be made an annual audit of the financial records of the LEA each fiscal year in accordance with generally accepted government auditing standards, and to furnish a copy of each such audit to the comptroller of the treasury.
Acts 2005, ch. 211, § 1.
Tenn. Code Ann. § 4-31-505 — TN Code / Title 4 / Chapter 31 / Section 4-31-505
Administration of loans
Status: in_force

(a) (1) The authority shall administer loans made under this part. (2) In so doing, the authority may adopt rules and regulations necessary for the effective administration of this part, including the promulgation of prerequisites that must be fulfilled by the county in order to be eligible for a loan, procedures to be followed in making loan applications to the authority, procedures to be followed in the disbursement of loan funds, and procedures for enforcing agreements entered into by a county with the authority. (b) A county entering into a loan agreement with the authority must state in the loan application, in addition to those requirements established by the authority pursuant to rules, that the purchase of the equipment for firefighters is reasonably calculated to result in a reduction of fire insurance premium rates for businesses and residents within the unincorporated area of the county served by the county or volunteer fire department. Amended by 2023 Tenn. Acts, ch. 378, s 6, eff. 5/11/2023. Acts 1986, ch. 846, § 14.
(a) (1) The authority shall administer loans made under this part. (2) In so doing, the authority may adopt rules and regulations necessary for the effective administration of this part, including the promulgation of prerequisites that must be fulfilled by the county in order to be eligible for a loan, procedures to be followed in making loan applications to the authority, procedures to be followed in the disbursement of loan funds, and procedures for enforcing agreements entered into by a county with the authority.
(1) The authority shall administer loans made under this part.
(2) In so doing, the authority may adopt rules and regulations necessary for the effective administration of this part, including the promulgation of prerequisites that must be fulfilled by the county in order to be eligible for a loan, procedures to be followed in making loan applications to the authority, procedures to be followed in the disbursement of loan funds, and procedures for enforcing agreements entered into by a county with the authority.
(b) A county entering into a loan agreement with the authority must state in the loan application, in addition to those requirements established by the authority pursuant to rules, that the purchase of the equipment for firefighters is reasonably calculated to result in a reduction of fire insurance premium rates for businesses and residents within the unincorporated area of the county served by the county or volunteer fire department.
Amended by 2023 Tenn. Acts, ch. 378, s 6, eff. 5/11/2023.
Acts 1986, ch. 846, § 14.
Tenn. Code Ann. § 4-18-105 — TN Code / Title 4 / Chapter 18 / Section 4-18-105
Prohibition against preventing employees from disclosing information - Violations - Remedies
Status: in_force

(a) No employer shall make, adopt, or enforce any rule, regulation, or policy preventing an employee from disclosing information to a government or law enforcement agency or from acting in furtherance of a false claims action, including investigating, initiating, testifying, or assisting in an action filed or to be filed under § 4-18-104 . (b) No employer shall discharge, demote, suspend, threaten, harass, deny promotion to, or in any other manner discriminate against an employee in the terms and conditions of employment because of lawful acts done by the employee on behalf of the employee or others in disclosing information to a government or law enforcement agency or in furthering a false claims action, including investigation for, initiation of, testimony for, or assistance in, an action filed or to be filed under § 4-18-104 . (c) An employer who violates subsection (b) shall be liable for all relief necessary to make the employee whole, including reinstatement with the same seniority status that the employee would have had but for the discrimination, two (2) times the amount of back pay, interest on the back pay, compensation for any special damage sustained as a result of the discrimination, and, where appropriate, punitive damages. In addition, the defendant shall be required to pay litigation costs and reasonable attorneys' fees. An employee may bring an action in the appropriate chancery court of the state for the relief provided in this subsection (c). (d) An employee who is discharged, demoted, suspended, harassed, denied promotion, or in any other manner discriminated against in terms and conditions of employment by such person's employer because of participation in conduct that directly or indirectly resulted in the submission of a false claim to the state or a political subdivision shall be entitled to the remedies under subsection (c) if, and only if, both of the following occur: (1) The employee voluntarily disclosed information to a government or law enforcement agency or acted in furtherance of a false claims action, including investigation for, initiation of, testimony for, or assistance in an action filed or to be filed; and (2) The employee had been harassed, threatened with termination or demotion, or otherwise coerced by the employer or its management into engaging in the fraudulent activity in the first place. Acts 2001, ch. 367, § 5.
(a) No employer shall make, adopt, or enforce any rule, regulation, or policy preventing an employee from disclosing information to a government or law enforcement agency or from acting in furtherance of a false claims action, including investigating, initiating, testifying, or assisting in an action filed or to be filed under § 4-18-104 .
(b) No employer shall discharge, demote, suspend, threaten, harass, deny promotion to, or in any other manner discriminate against an employee in the terms and conditions of employment because of lawful acts done by the employee on behalf of the employee or others in disclosing information to a government or law enforcement agency or in furthering a false claims action, including investigation for, initiation of, testimony for, or assistance in, an action filed or to be filed under § 4-18-104 .
(c) An employer who violates subsection (b) shall be liable for all relief necessary to make the employee whole, including reinstatement with the same seniority status that the employee would have had but for the discrimination, two (2) times the amount of back pay, interest on the back pay, compensation for any special damage sustained as a result of the discrimination, and, where appropriate, punitive damages. In addition, the defendant shall be required to pay litigation costs and reasonable attorneys' fees. An employee may bring an action in the appropriate chancery court of the state for the relief provided in this subsection (c).
(d) An employee who is discharged, demoted, suspended, harassed, denied promotion, or in any other manner discriminated against in terms and conditions of employment by such person's employer because of participation in conduct that directly or indirectly resulted in the submission of a false claim to the state or a political subdivision shall be entitled to the remedies under subsection (c) if, and only if, both of the following occur: (1) The employee voluntarily disclosed information to a government or law enforcement agency or acted in furtherance of a false claims action, including investigation for, initiation of, testimony for, or assistance in an action filed or to be filed; and (2) The employee had been harassed, threatened with termination or demotion, or otherwise coerced by the employer or its management into engaging in the fraudulent activity in the first place.
(1) The employee voluntarily disclosed information to a government or law enforcement agency or acted in furtherance of a false claims action, including investigation for, initiation of, testimony for, or assistance in an action filed or to be filed; and
(2) The employee had been harassed, threatened with termination or demotion, or otherwise coerced by the employer or its management into engaging in the fraudulent activity in the first place.
Acts 2001, ch. 367, § 5.
Tenn. Code Ann. § 4-31-511 — TN Code / Title 4 / Chapter 31 / Section 4-31-511
Failure to make payments - Withholding of state-shared revenues authorized
Status: in_force

(a) In the event any county having entered into a loan agreement shall fail to remit funds in accordance with the annual repayment schedule established by the authority, the commissioner, within five (5) days of such failure, shall deliver by certified mail a written notice of such failure to the county. (b) In the event the county shall fail to remit the amount set forth in the notice within sixty (60) days of the receipt of the notice, the commissioner shall, without further authorization, withhold such sum or part of such sum from any state-shared taxes that are otherwise apportioned to such county for the benefit of the authority issuing bonds or notes for the purposes referred to in this part. (c) A county shall not have any claims on state-shared taxes withheld as permitted under the terms of this part. Acts 1986, ch. 846, § 14.
(a) In the event any county having entered into a loan agreement shall fail to remit funds in accordance with the annual repayment schedule established by the authority, the commissioner, within five (5) days of such failure, shall deliver by certified mail a written notice of such failure to the county.
(b) In the event the county shall fail to remit the amount set forth in the notice within sixty (60) days of the receipt of the notice, the commissioner shall, without further authorization, withhold such sum or part of such sum from any state-shared taxes that are otherwise apportioned to such county for the benefit of the authority issuing bonds or notes for the purposes referred to in this part.
(c) A county shall not have any claims on state-shared taxes withheld as permitted under the terms of this part.
Acts 1986, ch. 846, § 14.
Tenn. Code Ann. § 4-33-106 — TN Code / Title 4 / Chapter 33 / Section 4-33-106
Exempt agency actions
Status: in_force

The following agency actions are exempt from this chapter: (1) The collection and payment of social security funds, retirement funds or employee benefit funds; (2) Participation in any federal program, if under federal law the participation would be prevented by compliance with this chapter; (3) All emergency rules, or emergency purchases, if the governor agrees that an emergency exists and that a timely economic impact statement could not be prepared, but within a reasonable period of time after the action, an appropriate economic impact statement shall be prepared; (4) All legislative actions; (5) All purchases by any state agency that have a fair market value or monetary value that is less than twenty-five thousand dollars ($25,000); (6) Ministerial action by an agency that complies with applicable statutes and rules; provided, however, this exemption does not include an agency action where the contracting of services is considered or used instead of state employees; (7) Action by a state agency that is required by law to be maintained as confidential; (8) The preparation and sale of all bonds that are processed by the state funding board; (9) Expenditures of money from trust funds that previously have been designed by the general assembly for a specific purpose; (10) The prosecution of civil, criminal or administrative actions before any court or before an administrative hearing officer; and (11) Actions involving persons in the custody of the state voluntarily or under court order. Acts 1979, ch. 215, § 6; T.C.A., § 4-3306; Acts 1994, ch. 777, §§ 1, 2.
The following agency actions are exempt from this chapter:
(1) The collection and payment of social security funds, retirement funds or employee benefit funds;
(2) Participation in any federal program, if under federal law the participation would be prevented by compliance with this chapter;
(3) All emergency rules, or emergency purchases, if the governor agrees that an emergency exists and that a timely economic impact statement could not be prepared, but within a reasonable period of time after the action, an appropriate economic impact statement shall be prepared;
(4) All legislative actions;
(5) All purchases by any state agency that have a fair market value or monetary value that is less than twenty-five thousand dollars ($25,000);
(6) Ministerial action by an agency that complies with applicable statutes and rules; provided, however, this exemption does not include an agency action where the contracting of services is considered or used instead of state employees;
(7) Action by a state agency that is required by law to be maintained as confidential;
(8) The preparation and sale of all bonds that are processed by the state funding board;
(9) Expenditures of money from trust funds that previously have been designed by the general assembly for a specific purpose;
(10) The prosecution of civil, criminal or administrative actions before any court or before an administrative hearing officer; and
(11) Actions involving persons in the custody of the state voluntarily or under court order.
Acts 1979, ch. 215, § 6; T.C.A., § 4-3306; Acts 1994, ch. 777, §§ 1, 2.
Tenn. Code Ann. § 4-51-135 — TN Code / Title 4 / Chapter 51 / Section 4-51-135
Immunity of corporation - Corporation employees considered state employees - Property and casualty insurance
Status: in_force

(a) The corporation is immune from all tort causes of action. Notwithstanding § 4-51-101(c) or any other law to the contrary, the corporation shall be considered a state agency for purposes of title 9, chapter 8, parts 3 and 4; provided, that the corporation shall not be considered a state agency for purposes of contract and workers' compensation actions. Actions for workers' compensation and contract actions, as provided in this chapter, may be brought against the corporation only in the chancery court for Davidson County. (b) Corporation employees shall be considered state employees for purposes of §§ 8-42-103 , 9-8-112 and 9-8-307 ; provided, that such employees shall not be considered state employees for workers' compensation coverage, pursuant to § 9-8-307(a)(1)(K) . (c) The corporation shall have the authority to participate in the department of treasury's property/casualty risk program pursuant to title 12, chapter 4, part 10, for all buildings and building contents owned by the corporation, or that the corporation is contractually obligated to insure. (d) The corporation shall pay to the state, as a premium, any contribution required by the risk management fund under this section. (e) It is the legislative intent that the state shall incur no additional liability as a result of this section. (f) [Deleted by 2023 amendment.] Amended by 2023 Tenn. Acts, ch. 450, s 32, eff. 7/1/2023. Amended by 2019 Tenn. Acts, ch. 507, s 4, eff. 7/1/2019. Acts 2005, ch. 417, § 7.
(a) The corporation is immune from all tort causes of action. Notwithstanding § 4-51-101(c) or any other law to the contrary, the corporation shall be considered a state agency for purposes of title 9, chapter 8, parts 3 and 4; provided, that the corporation shall not be considered a state agency for purposes of contract and workers' compensation actions. Actions for workers' compensation and contract actions, as provided in this chapter, may be brought against the corporation only in the chancery court for Davidson County.
(b) Corporation employees shall be considered state employees for purposes of §§ 8-42-103 , 9-8-112 and 9-8-307 ; provided, that such employees shall not be considered state employees for workers' compensation coverage, pursuant to § 9-8-307(a)(1)(K) .
(c) The corporation shall have the authority to participate in the department of treasury's property/casualty risk program pursuant to title 12, chapter 4, part 10, for all buildings and building contents owned by the corporation, or that the corporation is contractually obligated to insure.
(d) The corporation shall pay to the state, as a premium, any contribution required by the risk management fund under this section.
(e) It is the legislative intent that the state shall incur no additional liability as a result of this section.
(f) [Deleted by 2023 amendment.]
Amended by 2023 Tenn. Acts, ch. 450, s 32, eff. 7/1/2023.
Amended by 2019 Tenn. Acts, ch. 507, s 4, eff. 7/1/2019.
Acts 2005, ch. 417, § 7.
Tenn. Code Ann. § 4-31-116 — TN Code / Title 4 / Chapter 31 / Section 4-31-116
Expenses
Status: in_force

Expenses incurred by the authority in carrying out each of the programs authorized by this chapter may be made payable from funds made available to each program pursuant to this chapter, and no liability shall be incurred by the authority beyond the extent to which moneys shall have been so provided. Acts 1981, ch. 394, § 10.
Expenses incurred by the authority in carrying out each of the programs authorized by this chapter may be made payable from funds made available to each program pursuant to this chapter, and no liability shall be incurred by the authority beyond the extent to which moneys shall have been so provided.
Acts 1981, ch. 394, § 10.
Tenn. Code Ann. § 4-3-714 — TN Code / Title 4 / Chapter 3 / Section 4-3-714
Legislative intent - Reports
Status: in_force

It is the intent of the general assembly that the department of economic and community development provide periodic reports to the government operations committees of the senate and the house of representatives relative to corrective steps to address the audit findings of the office of the comptroller. Acts 2006, ch. 936, § 3.
It is the intent of the general assembly that the department of economic and community development provide periodic reports to the government operations committees of the senate and the house of representatives relative to corrective steps to address the audit findings of the office of the comptroller.
Acts 2006, ch. 936, § 3.
Tenn. Code Ann. § 4-20-302 — TN Code / Title 4 / Chapter 20 / Section 4-20-302
Qualifications of members - Chair - Service of members without compensation - Expenses
Status: in_force

(a) The members of the commission shall be citizens of the state who have demonstrated active involvement in museums, museum governance, history, art, cultural heritage and enrichment, education and who exemplify fundamental leadership skills and fundraising capabilities. (b) The commission shall elect a chair from among its appointed membership. The chair shall serve in that capacity for one (1) year and shall be eligible for reelection. The chair shall preside at all meetings and shall have all the powers and privileges of the other members. (c) (1) The members of the commission shall not receive any compensation for their services but may be reimbursed for actual and necessary expenses incurred in the performance of their duties as members of the commission. (2) All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. Acts 2009, ch. 497, § 1.
(a) The members of the commission shall be citizens of the state who have demonstrated active involvement in museums, museum governance, history, art, cultural heritage and enrichment, education and who exemplify fundamental leadership skills and fundraising capabilities.
(b) The commission shall elect a chair from among its appointed membership. The chair shall serve in that capacity for one (1) year and shall be eligible for reelection. The chair shall preside at all meetings and shall have all the powers and privileges of the other members.
(c) (1) The members of the commission shall not receive any compensation for their services but may be reimbursed for actual and necessary expenses incurred in the performance of their duties as members of the commission. (2) All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
(1) The members of the commission shall not receive any compensation for their services but may be reimbursed for actual and necessary expenses incurred in the performance of their duties as members of the commission.
(2) All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
Acts 2009, ch. 497, § 1.
Tenn. Code Ann. § 4-31-306 — TN Code / Title 4 / Chapter 31 / Section 4-31-306
Rules for administration
Status: in_force

The state funding board, in consultation with the Tennessee local development authority and the commissioner of economic and community development, is authorized to promulgate such rules as it deems necessary for the orderly and efficient administration of this part. Acts 1981, ch. 453, § 6.
The state funding board, in consultation with the Tennessee local development authority and the commissioner of economic and community development, is authorized to promulgate such rules as it deems necessary for the orderly and efficient administration of this part.
Acts 1981, ch. 453, § 6.
Tenn. Code Ann. § 4-5-323 — TN Code / Title 4 / Chapter 5 / Section 4-5-323
Appeals to court of appeals
Status: in_force

(a) An aggrieved party may obtain a review of any final judgment of the chancery court under this chapter by appeal to the court of appeals of Tennessee. (b) The record certified to the chancery court and the record in the chancery court shall constitute the record in an appeal. Evidence taken in court pursuant to § 4-5-322(g) shall become a part of the record. (c) The procedure on appeal shall be governed by the Tennessee Rules of Appellate Procedure. Acts 1974, ch. 725, § 18; 1977, ch. 298, § 1; T.C.A., § 4-524; Acts 1981, ch. 449, § 2; T.C.A., § 4-5-118; Acts 1982, ch. 874, § 64.
(a) An aggrieved party may obtain a review of any final judgment of the chancery court under this chapter by appeal to the court of appeals of Tennessee.
(b) The record certified to the chancery court and the record in the chancery court shall constitute the record in an appeal. Evidence taken in court pursuant to § 4-5-322(g) shall become a part of the record.
(c) The procedure on appeal shall be governed by the Tennessee Rules of Appellate Procedure.
Acts 1974, ch. 725, § 18; 1977, ch. 298, § 1; T.C.A., § 4-524; Acts 1981, ch. 449, § 2; T.C.A., § 4-5-118; Acts 1982, ch. 874, § 64.
Tenn. Code Ann. § 4-3-308 — TN Code / Title 4 / Chapter 3 / Section 4-3-308
Office of research and education accountability
Status: in_force

(a) There is established within the office of the comptroller of the treasury an office of research and education accountability, which shall conduct research, analyses, evaluations, and other projects as may be assigned to it by the general assembly or the comptroller, or that the office may determine to be necessary to inform discussions and decisions in the general assembly. (b) The office of research and education accountability shall be accorded access to and may examine any information, records, books, data, or reports maintained by any agency of this state, whether or not the information is subject to public inspection. Each agency shall fully cooperate with the office of research and education accountability in providing such access in the performance of the duties of the office. The office of research and education accountability shall maintain inviolate any privileged or confidential information so acquired and any record or writing so defined by law. (c) The office of research and education accountability shall report its findings annually to the general assembly. (d) As used in this section, "agency" means: (1) Any department, board, commission, institution, office, or agency of state government; and (2) Any county, county having a metropolitan government, municipality, or other political subdivision of the state, including any school district, school system, or special school district, and the state board of education acting on behalf of any special school listed in § 49-50-1001 . Amended by 2016 Tenn. Acts, ch. 684,s 1, eff. 3/24/2016. Acts 1992, ch. 535, § 47.
(a) There is established within the office of the comptroller of the treasury an office of research and education accountability, which shall conduct research, analyses, evaluations, and other projects as may be assigned to it by the general assembly or the comptroller, or that the office may determine to be necessary to inform discussions and decisions in the general assembly.
(b) The office of research and education accountability shall be accorded access to and may examine any information, records, books, data, or reports maintained by any agency of this state, whether or not the information is subject to public inspection. Each agency shall fully cooperate with the office of research and education accountability in providing such access in the performance of the duties of the office. The office of research and education accountability shall maintain inviolate any privileged or confidential information so acquired and any record or writing so defined by law.
(c) The office of research and education accountability shall report its findings annually to the general assembly.
(d) As used in this section, "agency" means: (1) Any department, board, commission, institution, office, or agency of state government; and (2) Any county, county having a metropolitan government, municipality, or other political subdivision of the state, including any school district, school system, or special school district, and the state board of education acting on behalf of any special school listed in § 49-50-1001 .
(1) Any department, board, commission, institution, office, or agency of state government; and
(2) Any county, county having a metropolitan government, municipality, or other political subdivision of the state, including any school district, school system, or special school district, and the state board of education acting on behalf of any special school listed in § 49-50-1001 .
Amended by 2016 Tenn. Acts, ch. 684,s 1, eff. 3/24/2016.
Acts 1992, ch. 535, § 47.
Tenn. Code Ann. § 4-31-107 — TN Code / Title 4 / Chapter 31 / Section 4-31-107
Bonds and notes - Issuance to fund state loan programs
Status: in_force

(a) For the purpose of providing moneys to make program loans under the state loan programs or to retire general obligation bond anticipation notes of the state issued to provide interim financing for such program loans the authority, in addition to the powers otherwise granted by law, shall have the power and is hereby authorized to issue from time to time negotiable bonds and notes of the authority in such principal amounts as may from time to time be authorized by law. (b) The proceeds of such bonds and notes shall be applied by the authority, as it deems necessary, to provide sufficient moneys to carry out the purposes of the state loan programs, including the retirement of general obligation bond anticipation notes of the state issued to provide interim financing for the state loan programs, to provide for the payment of interest on such bonds and notes for a reasonable time after issuance, to establish reserves to secure such bonds and notes, and to provide for the payment of costs incident to the issuance of such bonds and notes. (c) Bonds or notes issued by the authority to provide for loans to local government units pursuant to title 68, chapter 221, part 2 for the construction of sewage treatment works, pursuant to title 68, chapter 221, part 5 for the construction of water works, or pursuant to [former] title 68, chapter 211, part 4 [repealed], for the construction of energy recovery facilities and/or solid waste resource recovery facilities shall not be issued and sold as part of an issue of bonds or notes of the authority issued pursuant to part 4 of this chapter to provide for loans to local government units for the construction of capital projects, or with bonds or notes issued pursuant to any other provisions of this chapter or any other law, nor shall bonds or notes issued by the authority pursuant to part 4 of this chapter to provide loans to local government units for the construction of capital projects be issued and sold as part of an issue of bonds or notes issued pursuant to any other provision of this chapter or any other law; provided, that the foregoing shall not prohibit the issuance of separate issues of bonds or notes pursuant to this section. (d) (1) The authority has the power, and is hereby authorized, to issue from time to time renewal notes, and bonds to pay notes issued in anticipation of such bonds, and, whenever it deems refunding expedient, to refund any bonds by the issuance of refunding bonds, whether the bonds to be refunded have or have not matured, and to issue bonds partly to refund bonds then outstanding and partly for any other authorized purpose. (2) Such refunding bonds and renewal notes may be issued without further authorization, such issuance being deemed authorized by the law authorizing the bonds and notes to be renewed, paid or refunded. (3) The refunding bonds shall be sold and the proceeds applied to the purchase, redemption or payment of the bonds to be refunded. (e) Except as may otherwise be expressly provided by the authority, each issue of its notes or bonds issued pursuant to this section shall be limited special obligations of the authority payable solely from and secured solely by moneys derived by the authority from all or a portion of payments made by local government units, pursuant to the loan program agreements with such local government units or moneys withheld from state-shared taxes apportioned to such local government units as permitted under the state loan programs, as provided in the resolution authorizing such bonds and notes. (f) The authority is hereby authorized to issue its bonds and notes in such manner as provided by this chapter. Acts 1978, ch. 785, § 7; T.C.A., § 4-3107; Acts 1982, ch. 873, § 13; 1984, ch. 965, § 1; 1986, ch. 846, §§ 7-11; 1989, ch. 233, §§ 2, 3; 1990, ch. 885, §§4, 5; 2003 , ch. 298, § 7.
(a) For the purpose of providing moneys to make program loans under the state loan programs or to retire general obligation bond anticipation notes of the state issued to provide interim financing for such program loans the authority, in addition to the powers otherwise granted by law, shall have the power and is hereby authorized to issue from time to time negotiable bonds and notes of the authority in such principal amounts as may from time to time be authorized by law.
(b) The proceeds of such bonds and notes shall be applied by the authority, as it deems necessary, to provide sufficient moneys to carry out the purposes of the state loan programs, including the retirement of general obligation bond anticipation notes of the state issued to provide interim financing for the state loan programs, to provide for the payment of interest on such bonds and notes for a reasonable time after issuance, to establish reserves to secure such bonds and notes, and to provide for the payment of costs incident to the issuance of such bonds and notes.
(c) Bonds or notes issued by the authority to provide for loans to local government units pursuant to title 68, chapter 221, part 2 for the construction of sewage treatment works, pursuant to title 68, chapter 221, part 5 for the construction of water works, or pursuant to [former] title 68, chapter 211, part 4 [repealed], for the construction of energy recovery facilities and/or solid waste resource recovery facilities shall not be issued and sold as part of an issue of bonds or notes of the authority issued pursuant to part 4 of this chapter to provide for loans to local government units for the construction of capital projects, or with bonds or notes issued pursuant to any other provisions of this chapter or any other law, nor shall bonds or notes issued by the authority pursuant to part 4 of this chapter to provide loans to local government units for the construction of capital projects be issued and sold as part of an issue of bonds or notes issued pursuant to any other provision of this chapter or any other law; provided, that the foregoing shall not prohibit the issuance of separate issues of bonds or notes pursuant to this section.
(d) (1) The authority has the power, and is hereby authorized, to issue from time to time renewal notes, and bonds to pay notes issued in anticipation of such bonds, and, whenever it deems refunding expedient, to refund any bonds by the issuance of refunding bonds, whether the bonds to be refunded have or have not matured, and to issue bonds partly to refund bonds then outstanding and partly for any other authorized purpose. (2) Such refunding bonds and renewal notes may be issued without further authorization, such issuance being deemed authorized by the law authorizing the bonds and notes to be renewed, paid or refunded. (3) The refunding bonds shall be sold and the proceeds applied to the purchase, redemption or payment of the bonds to be refunded.
(1) The authority has the power, and is hereby authorized, to issue from time to time renewal notes, and bonds to pay notes issued in anticipation of such bonds, and, whenever it deems refunding expedient, to refund any bonds by the issuance of refunding bonds, whether the bonds to be refunded have or have not matured, and to issue bonds partly to refund bonds then outstanding and partly for any other authorized purpose.
(2) Such refunding bonds and renewal notes may be issued without further authorization, such issuance being deemed authorized by the law authorizing the bonds and notes to be renewed, paid or refunded.
(3) The refunding bonds shall be sold and the proceeds applied to the purchase, redemption or payment of the bonds to be refunded.
(e) Except as may otherwise be expressly provided by the authority, each issue of its notes or bonds issued pursuant to this section shall be limited special obligations of the authority payable solely from and secured solely by moneys derived by the authority from all or a portion of payments made by local government units, pursuant to the loan program agreements with such local government units or moneys withheld from state-shared taxes apportioned to such local government units as permitted under the state loan programs, as provided in the resolution authorizing such bonds and notes.
(f) The authority is hereby authorized to issue its bonds and notes in such manner as provided by this chapter.
Acts 1978, ch. 785, § 7; T.C.A., § 4-3107; Acts 1982, ch. 873, § 13; 1984, ch. 965, § 1; 1986, ch. 846, §§ 7-11; 1989, ch. 233, §§ 2, 3; 1990, ch. 885, §§4, 5; 2003 , ch. 298, § 7.
Tenn. Code Ann. § 4-12-301 — TN Code / Title 4 / Chapter 12 / Section 4-12-301
Short title
Status: in_force

This part shall be known and may be cited as the "Museum Donation Act." Acts 1983, ch. 420, § 1.
This part shall be known and may be cited as the "Museum Donation Act."
Acts 1983, ch. 420, § 1.
Tenn. Code Ann. § 4-6-143 — TN Code / Title 4 / Chapter 6 / Section 4-6-143
Special school district of penal and reformatory institutions
Status: in_force

(a) The penal and reformatory institutions under the control of the commissioner of correction shall be a special school district, which shall be given the same funding consideration for federal funds that special schools within the state are given. (b) The schools within such institutions shall be under the control of the commissioner who shall serve as the board of education and director of schools for such district. (c) (1) The schools shall meet the requirements of the law for public schools and rules and regulations of the state board of education. (2) The commissioner of education may grant waivers for such provisions of the law and regulations with which the schools cannot comply because of the penal and reformatory function of the institutions on an annual basis and in response to the director of education's written request and justification. Such exceptions shall be in writing. (d) [Deleted by 2022 amendment.] (e) The commissioner of correction shall develop and implement a plan whereby there shall be sufficient substitute teachers available for temporary service as needed for each school composing the special school district. (f) Nothing in the language of this section shall be construed as prohibiting any local school district from issuing a diploma to a resident of a state correctional institution, upon certification of the principal of a state correctional school. School records of any juvenile in the correctional programs who is issued a diploma by a local school district shall be maintained by such local school district; provided, that all references to the juvenile's commitment to and treatment by the department of children's services are expunged. (g) The special school district of penal and reformatory institutions shall have the powers, privileges and authority exercised or capable of exercise by any other school district. (h) The effect of this section shall not be to provide state funds to the special school district of penal and reformatory institutions through the Tennessee investment in student achievement formula (TISA). Amended by 2022 Tenn. Acts, ch. 966, s 78, eff. 7/1/2023. Amended by 2022 Tenn. Acts, ch. 1047, s 1, eff. 7/1/2022. Acts 1974, ch. 647, §§ 1-3; 1977, ch. 322, § 1; 1977, ch. 411, § 1; T.C.A., § 4-655; Acts 1981, ch. 437, §§ 1-4; 1985, ch. 450, § 1; 1985 (1st Ex. Sess.), ch. 5, § 20; 1987, ch. 377, § 1; 1996, ch. 1079, § 16.
(a) The penal and reformatory institutions under the control of the commissioner of correction shall be a special school district, which shall be given the same funding consideration for federal funds that special schools within the state are given.
(b) The schools within such institutions shall be under the control of the commissioner who shall serve as the board of education and director of schools for such district.
(c) (1) The schools shall meet the requirements of the law for public schools and rules and regulations of the state board of education. (2) The commissioner of education may grant waivers for such provisions of the law and regulations with which the schools cannot comply because of the penal and reformatory function of the institutions on an annual basis and in response to the director of education's written request and justification. Such exceptions shall be in writing.
(1) The schools shall meet the requirements of the law for public schools and rules and regulations of the state board of education.
(2) The commissioner of education may grant waivers for such provisions of the law and regulations with which the schools cannot comply because of the penal and reformatory function of the institutions on an annual basis and in response to the director of education's written request and justification. Such exceptions shall be in writing.
(d) [Deleted by 2022 amendment.]
(e) The commissioner of correction shall develop and implement a plan whereby there shall be sufficient substitute teachers available for temporary service as needed for each school composing the special school district.
(f) Nothing in the language of this section shall be construed as prohibiting any local school district from issuing a diploma to a resident of a state correctional institution, upon certification of the principal of a state correctional school. School records of any juvenile in the correctional programs who is issued a diploma by a local school district shall be maintained by such local school district; provided, that all references to the juvenile's commitment to and treatment by the department of children's services are expunged.
(g) The special school district of penal and reformatory institutions shall have the powers, privileges and authority exercised or capable of exercise by any other school district.
(h) The effect of this section shall not be to provide state funds to the special school district of penal and reformatory institutions through the Tennessee investment in student achievement formula (TISA).
Amended by 2022 Tenn. Acts, ch. 966, s 78, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 1047, s 1, eff. 7/1/2022.
Acts 1974, ch. 647, §§ 1-3; 1977, ch. 322, § 1; 1977, ch. 411, § 1; T.C.A., § 4-655; Acts 1981, ch. 437, §§ 1-4; 1985, ch. 450, § 1; 1985 (1st Ex. Sess.), ch. 5, § 20; 1987, ch. 377, § 1; 1996, ch. 1079, § 16.
Tenn. Code Ann. § 4-37-101 — TN Code / Title 4 / Chapter 37 / Section 4-37-101
Creation - Use of matching funds - Departmental report - Promulgation of rules and regulations
Status: in_force

(a) (1) The department of human services is authorized to work with local communities, industry and other entities to develop the preliminary parameters of a program of public/private partnerships to enhance funding of child care. In such efforts, the department shall involve entities such as the Tennessee Child Care Facilities and Programs Corporation, established pursuant to [former] part 1 of this chapter [repealed], the appropriate local families first councils and the work force development council. (2) In exploring such partnerships, the department shall examine the feasibility of securing federal and state funding as an incentive for developing matching local funds derived from local governments, employers, charitable institutions or foundations and other sources, so that communities may seek local, flexible partnerships with employers for the creation and enhancement of child care. (b) (1) Only to the extent of any current funding not otherwise obligated by law, the department may also establish preliminary public/private partnerships through a program based upon the principles in subsection (a). In any preliminary program created pursuant to this subsection (b), any matching funds shall be used with the input and direction of local communities to meet the needs of working parents and to create, expand or upgrade on-site child care facilities; to contract or partner with child care agencies that provide such types of child care as sick-care, after-hours care for children and any other forms of child care that become necessary to meet the needs of children, parents, and employers; and to use such funds as incentives or for studies that may be necessary to aid in the development of any child care for the particular community. (2) Any funds used pursuant to this subsection (b) shall supplement or extend the use of existing public or private funding and shall not be used to supplant the maintenance of effort being exerted currently by the employer or other contributor. (3) Any funds utilized pursuant to this subsection (b) shall be for child care provided in a facility licensed, approved or certified by a state child care licensing, certification or approval entity under title 37, 49, or 71, or in any other facility or program approved for the care of children by the department. (c) The department is authorized to promulgate rules and regulations, which may include emergency rules, pursuant to chapter 5 of this title, to implement subsection (b). Such rules may include criteria for grants and use of program funds and shall be limited to any currently available funds not otherwise obligated by law. Acts 2000, ch. 981, § 80; 2009, ch. 566, § 12; T.C.A. § 4-37-201.
(a) (1) The department of human services is authorized to work with local communities, industry and other entities to develop the preliminary parameters of a program of public/private partnerships to enhance funding of child care. In such efforts, the department shall involve entities such as the Tennessee Child Care Facilities and Programs Corporation, established pursuant to [former] part 1 of this chapter [repealed], the appropriate local families first councils and the work force development council. (2) In exploring such partnerships, the department shall examine the feasibility of securing federal and state funding as an incentive for developing matching local funds derived from local governments, employers, charitable institutions or foundations and other sources, so that communities may seek local, flexible partnerships with employers for the creation and enhancement of child care.
(1) The department of human services is authorized to work with local communities, industry and other entities to develop the preliminary parameters of a program of public/private partnerships to enhance funding of child care. In such efforts, the department shall involve entities such as the Tennessee Child Care Facilities and Programs Corporation, established pursuant to [former] part 1 of this chapter [repealed], the appropriate local families first councils and the work force development council.
(2) In exploring such partnerships, the department shall examine the feasibility of securing federal and state funding as an incentive for developing matching local funds derived from local governments, employers, charitable institutions or foundations and other sources, so that communities may seek local, flexible partnerships with employers for the creation and enhancement of child care.
(b) (1) Only to the extent of any current funding not otherwise obligated by law, the department may also establish preliminary public/private partnerships through a program based upon the principles in subsection (a). In any preliminary program created pursuant to this subsection (b), any matching funds shall be used with the input and direction of local communities to meet the needs of working parents and to create, expand or upgrade on-site child care facilities; to contract or partner with child care agencies that provide such types of child care as sick-care, after-hours care for children and any other forms of child care that become necessary to meet the needs of children, parents, and employers; and to use such funds as incentives or for studies that may be necessary to aid in the development of any child care for the particular community. (2) Any funds used pursuant to this subsection (b) shall supplement or extend the use of existing public or private funding and shall not be used to supplant the maintenance of effort being exerted currently by the employer or other contributor. (3) Any funds utilized pursuant to this subsection (b) shall be for child care provided in a facility licensed, approved or certified by a state child care licensing, certification or approval entity under title 37, 49, or 71, or in any other facility or program approved for the care of children by the department.
(1) Only to the extent of any current funding not otherwise obligated by law, the department may also establish preliminary public/private partnerships through a program based upon the principles in subsection (a). In any preliminary program created pursuant to this subsection (b), any matching funds shall be used with the input and direction of local communities to meet the needs of working parents and to create, expand or upgrade on-site child care facilities; to contract or partner with child care agencies that provide such types of child care as sick-care, after-hours care for children and any other forms of child care that become necessary to meet the needs of children, parents, and employers; and to use such funds as incentives or for studies that may be necessary to aid in the development of any child care for the particular community.
(2) Any funds used pursuant to this subsection (b) shall supplement or extend the use of existing public or private funding and shall not be used to supplant the maintenance of effort being exerted currently by the employer or other contributor.
(3) Any funds utilized pursuant to this subsection (b) shall be for child care provided in a facility licensed, approved or certified by a state child care licensing, certification or approval entity under title 37, 49, or 71, or in any other facility or program approved for the care of children by the department.
(c) The department is authorized to promulgate rules and regulations, which may include emergency rules, pursuant to chapter 5 of this title, to implement subsection (b). Such rules may include criteria for grants and use of program funds and shall be limited to any currently available funds not otherwise obligated by law.
Acts 2000, ch. 981, § 80; 2009, ch. 566, § 12; T.C.A. § 4-37-201.
Tenn. Code Ann. § 4-3-2005 — TN Code / Title 4 / Chapter 3 / Section 4-3-2005
Hearing officers - Review of initial orders
Status: in_force

(a) The commissioner of safety, in the commissioner's discretion, is hereby authorized to appoint or designate hearing officers to conduct contested case hearings under the Uniform Administrative Procedures Act, compiled in chapter 5 of this title. (b) The commissioner shall delegate the commissioner's authority to review initial orders in contested cases suspending or revoking driver licenses to the administrative procedures division of the office of the secretary of state for review by an administrative judge with such division. The commissioner may delegate the commissioner's authority to review initial orders under this subsection (b) to one (1) or more additional persons. Review of initial orders shall be subject to further review and final disposition by the commissioner. (c) The time taken to review an initial order shall not extend the time provided in § 4-5-315 for rendering and entering a final order or order remanding the case for further proceedings by the commissioner. Acts 1979, ch. 371, § 1; T.C.A., § 4-319; Acts 1982, ch. 874, § 65.
(a) The commissioner of safety, in the commissioner's discretion, is hereby authorized to appoint or designate hearing officers to conduct contested case hearings under the Uniform Administrative Procedures Act, compiled in chapter 5 of this title.
(b) The commissioner shall delegate the commissioner's authority to review initial orders in contested cases suspending or revoking driver licenses to the administrative procedures division of the office of the secretary of state for review by an administrative judge with such division. The commissioner may delegate the commissioner's authority to review initial orders under this subsection (b) to one (1) or more additional persons. Review of initial orders shall be subject to further review and final disposition by the commissioner.
(c) The time taken to review an initial order shall not extend the time provided in § 4-5-315 for rendering and entering a final order or order remanding the case for further proceedings by the commissioner.
Acts 1979, ch. 371, § 1; T.C.A., § 4-319; Acts 1982, ch. 874, § 65.
Tenn. Code Ann. § 4-29-106 — TN Code / Title 4 / Chapter 29 / Section 4-29-106
Criteria for review
Status: in_force

In conducting the review of governmental entities, the evaluation committee shall take into consideration the following factors: (1) The extent to which regulatory entities have permitted qualified applicants to serve the public; (2) The extent to which the affirmative action requirements of state and federal statutes have been complied with by the governmental entity or the industry that it regulates; (3) The extent to which the governmental entity has recommended statutory changes to the general assembly that would benefit the public as opposed to those persons it regulates; (4) The extent to which the governmental entity has required the persons it regulates to report to it concerning the impact of its rules and decisions on the public with respect to improvement, economy and availability of service; (5) The extent to which persons regulated by the governmental entity have been required to assess problems in the professions or vocations that affect the public; (6) The extent to which the governmental entity has encouraged public participation in its rules and decision making, as opposed to participation solely by the persons it regulates; (7) The degree of efficiency with which formal public complaints concerning those persons regulated by the governmental entity have been processed to completion or forwarded to appropriate officials for completion; (8) The extent to which the governmental entity has considered alternative methods by which other jurisdictions have attempted to achieve the same or similar program goals; (9) The extent to which the governmental entity has considered the results of published and unpublished studies of various alternative methods of accomplishing the objectives of the entity; (10) The extent to which the absence of regulation would endanger the public health, safety or welfare; (11) The extent to which regulation directly or indirectly increases the costs of goods or services to the public; (12) The extent to which the regulatory process is designed to protect and promote the public interest and the degree to which that process has attained those objectives; (13) The extent to which the governmental entity has operated in the public interest, and the extent to which its operations have been impeded or enhanced by existing statutory procedures, practices of the department to which it is attached for administrative purposes, or any other relevant circumstances, including budgetary, resource and personnel matters that have affected its performance with respect to its public purpose; (14) The extent to which a need actually exists for the governmental entity to engage in any one (1) of its regulatory activities; (15) The extent to which the statutory requirements of the agency are necessary and are being met; (16) The extent to which the governmental entity possesses clear and specific objectives and purposes; (17) The extent to which the agency has effectively obtained its objectives and purposes and the efficiency with which it has operated; (18) The extent to which the level of regulation exercised by the agency is appropriate and whether less or more stringent levels of regulatory activity would be desirable; and (19) The extent to which changes are necessary in the enabling statutes to adequately comply with the criteria established in this section. Acts 1977, ch. 452, § 11; T.C.A., § 4-2912; Acts 1985, ch. 269, § 1.
In conducting the review of governmental entities, the evaluation committee shall take into consideration the following factors:
(1) The extent to which regulatory entities have permitted qualified applicants to serve the public;
(2) The extent to which the affirmative action requirements of state and federal statutes have been complied with by the governmental entity or the industry that it regulates;
(3) The extent to which the governmental entity has recommended statutory changes to the general assembly that would benefit the public as opposed to those persons it regulates;
(4) The extent to which the governmental entity has required the persons it regulates to report to it concerning the impact of its rules and decisions on the public with respect to improvement, economy and availability of service;
(5) The extent to which persons regulated by the governmental entity have been required to assess problems in the professions or vocations that affect the public;
(6) The extent to which the governmental entity has encouraged public participation in its rules and decision making, as opposed to participation solely by the persons it regulates;
(7) The degree of efficiency with which formal public complaints concerning those persons regulated by the governmental entity have been processed to completion or forwarded to appropriate officials for completion;
(8) The extent to which the governmental entity has considered alternative methods by which other jurisdictions have attempted to achieve the same or similar program goals;
(9) The extent to which the governmental entity has considered the results of published and unpublished studies of various alternative methods of accomplishing the objectives of the entity;
(10) The extent to which the absence of regulation would endanger the public health, safety or welfare;
(11) The extent to which regulation directly or indirectly increases the costs of goods or services to the public;
(12) The extent to which the regulatory process is designed to protect and promote the public interest and the degree to which that process has attained those objectives;
(13) The extent to which the governmental entity has operated in the public interest, and the extent to which its operations have been impeded or enhanced by existing statutory procedures, practices of the department to which it is attached for administrative purposes, or any other relevant circumstances, including budgetary, resource and personnel matters that have affected its performance with respect to its public purpose;
(14) The extent to which a need actually exists for the governmental entity to engage in any one (1) of its regulatory activities;
(15) The extent to which the statutory requirements of the agency are necessary and are being met;
(16) The extent to which the governmental entity possesses clear and specific objectives and purposes;
(17) The extent to which the agency has effectively obtained its objectives and purposes and the efficiency with which it has operated;
(18) The extent to which the level of regulation exercised by the agency is appropriate and whether less or more stringent levels of regulatory activity would be desirable; and
(19) The extent to which changes are necessary in the enabling statutes to adequately comply with the criteria established in this section.
Acts 1977, ch. 452, § 11; T.C.A., § 4-2912; Acts 1985, ch. 269, § 1.
Tenn. Code Ann. § 4-5-315 — TN Code / Title 4 / Chapter 5 / Section 4-5-315
Review of initial order
Status: in_force

(a) The agency upon the agency's motion may, and where provided by federal law or upon appeal by any party shall, review an initial order, except to the extent that: (1) A statute or rule of the agency precludes or limits agency review of the initial order; or (2) The agency in the exercise of discretion conferred by statute or rule of the agency: (A) Determines to review some but not all issues, or not to exercise any review; (B) Delegates its authority to review the initial order to one (1) or more persons; or (C) Authorizes one (1) or more persons to review the initial order, subject to further review by the agency. (b) A petition for appeal from an initial order shall be filed with the agency, or with any person designated for such purpose by rule of the agency, within fifteen (15) days after entry of the initial order. If the agency on its own motion decides to review an initial order, the agency shall give written notice of its intention to review the initial order within fifteen (15) days after its entry. The fifteen-day period for a party to file a petition for appeal or for the agency to give notice of its intention to review an initial order on the agency's own motion shall be tolled by the submission of a timely petition for reconsideration of the initial order pursuant to § 4-5-317 , and a new fifteen-day period shall start to run upon disposition of the petition for reconsideration. If an initial order is subject both to a timely petition for reconsideration and to a petition for appeal or to review by the agency on its own motion, the petition for reconsideration shall be disposed of first, unless the agency determines that action on the petition for reconsideration has been unreasonably delayed. (c) The petition for appeal shall state its basis. If the agency on its own motion gives notice of its intent to review an initial order, the agency shall identify the issues that it intends to review. (d) The person reviewing an initial order shall exercise all the decision-making power that the agency would have had to render a final order had the agency presided over the hearing, except to the extent that the issues subject to review are limited by rule or statute or by the agency upon notice to all parties. (e) The agency shall afford each party an opportunity to present briefs and may afford each party an opportunity to present oral argument. (f) Before rendering a final order, the agency may cause a transcript to be prepared, at the agency's expense, of such portions of the proceeding under review as the agency considers necessary. (g) The agency may render a final order disposing of the proceeding or may remand the matter for further proceedings with instructions to the person who rendered the initial order. Upon remanding a matter, the agency may order such temporary relief as is authorized and appropriate. (h) A final order or an order remanding the matter for further proceedings pursuant to this section shall be rendered and entered in writing within sixty (60) days after receipt of briefs and oral argument, unless that period is waived or extended with the written consent of all parties or for good cause shown. (i) A final order or an order remanding the matter for further proceedings under this section shall identify any difference between such order and the initial order, and shall include, or incorporate by express reference to the initial order, all the matters required by § 4-5-314(c) . (j) The agency shall cause copies of the final order or order remanding the matter for further proceedings to be delivered to each party and to the administrative judge or hearing officer who conducted the contested case. Acts 1982, ch. 874, § 55; 2000, ch. 594, §§ 1, 2.
(a) The agency upon the agency's motion may, and where provided by federal law or upon appeal by any party shall, review an initial order, except to the extent that: (1) A statute or rule of the agency precludes or limits agency review of the initial order; or (2) The agency in the exercise of discretion conferred by statute or rule of the agency: (A) Determines to review some but not all issues, or not to exercise any review; (B) Delegates its authority to review the initial order to one (1) or more persons; or (C) Authorizes one (1) or more persons to review the initial order, subject to further review by the agency.
(1) A statute or rule of the agency precludes or limits agency review of the initial order; or
(2) The agency in the exercise of discretion conferred by statute or rule of the agency: (A) Determines to review some but not all issues, or not to exercise any review; (B) Delegates its authority to review the initial order to one (1) or more persons; or (C) Authorizes one (1) or more persons to review the initial order, subject to further review by the agency.
(A) Determines to review some but not all issues, or not to exercise any review;
(B) Delegates its authority to review the initial order to one (1) or more persons; or
(C) Authorizes one (1) or more persons to review the initial order, subject to further review by the agency.
(b) A petition for appeal from an initial order shall be filed with the agency, or with any person designated for such purpose by rule of the agency, within fifteen (15) days after entry of the initial order. If the agency on its own motion decides to review an initial order, the agency shall give written notice of its intention to review the initial order within fifteen (15) days after its entry. The fifteen-day period for a party to file a petition for appeal or for the agency to give notice of its intention to review an initial order on the agency's own motion shall be tolled by the submission of a timely petition for reconsideration of the initial order pursuant to § 4-5-317 , and a new fifteen-day period shall start to run upon disposition of the petition for reconsideration. If an initial order is subject both to a timely petition for reconsideration and to a petition for appeal or to review by the agency on its own motion, the petition for reconsideration shall be disposed of first, unless the agency determines that action on the petition for reconsideration has been unreasonably delayed.
(c) The petition for appeal shall state its basis. If the agency on its own motion gives notice of its intent to review an initial order, the agency shall identify the issues that it intends to review.
(d) The person reviewing an initial order shall exercise all the decision-making power that the agency would have had to render a final order had the agency presided over the hearing, except to the extent that the issues subject to review are limited by rule or statute or by the agency upon notice to all parties.
(e) The agency shall afford each party an opportunity to present briefs and may afford each party an opportunity to present oral argument.
(f) Before rendering a final order, the agency may cause a transcript to be prepared, at the agency's expense, of such portions of the proceeding under review as the agency considers necessary.
(g) The agency may render a final order disposing of the proceeding or may remand the matter for further proceedings with instructions to the person who rendered the initial order. Upon remanding a matter, the agency may order such temporary relief as is authorized and appropriate.
(h) A final order or an order remanding the matter for further proceedings pursuant to this section shall be rendered and entered in writing within sixty (60) days after receipt of briefs and oral argument, unless that period is waived or extended with the written consent of all parties or for good cause shown.
(i) A final order or an order remanding the matter for further proceedings under this section shall identify any difference between such order and the initial order, and shall include, or incorporate by express reference to the initial order, all the matters required by § 4-5-314(c) .
(j) The agency shall cause copies of the final order or order remanding the matter for further proceedings to be delivered to each party and to the administrative judge or hearing officer who conducted the contested case.
Acts 1982, ch. 874, § 55; 2000, ch. 594, §§ 1, 2.
Tenn. Code Ann. § 4-44-103 — TN Code / Title 4 / Chapter 44 / Section 4-44-103
[Effective until 12/31/2027, see T.C.A. 4-44-116] Establishment
Status: in_force

The commission is established to plan, encourage, develop, and coordinate the commemoration of the 250th anniversary of the founding of the United States, and recognize Tennessee's integral role in that event and the impact of its people on the nation's past, present, and future. Acts 2019, ch. 384, § 3.
The commission is established to plan, encourage, develop, and coordinate the commemoration of the 250th anniversary of the founding of the United States, and recognize Tennessee's integral role in that event and the impact of its people on the nation's past, present, and future.
Acts 2019, ch. 384, § 3.
Tenn. Code Ann. § 4-56-102 — TN Code / Title 4 / Chapter 56 / Section 4-56-102
Procurement commission - Creation
Status: in_force

(a) (1) There is created a procurement commission, which shall consist of the commissioners of general services and finance and administration, and the comptroller of the treasury. The chief procurement officer shall serve as a nonvoting member. (2) The commission shall adopt a procedure governing its proceedings, and the chief procurement officer shall keep a permanent and accurate record of all of its proceedings. (3) All departments and agencies shall submit existing rules related to procurement to the commission for the commission's review, comment, and recommendations for any changes to such rules. Prior to forwarding draft rules related to procurement to the secretary of state, all departments shall submit such draft rules to the commission for the commission's review and comment together with any recommendations for changes to such draft rules. (4) The attorney general and reporter shall serve as legal counsel to the commission in accordance with the requirements of § 8-6-301 . (b) (1) The commission has the power and authority, except as otherwise provided in this chapter, to review, comment, and approve draft rules and regulations, policies, standards, and procedures to be followed consistent with this chapter and title 12, chapters 3 and 4, and to make recommendations for changes thereto, governing the procurement of goods and services, contracting, agency contract and grant management, training and professional development, and the disposal of goods and services by the state. (2) The commission is authorized to promulgate necessary rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in chapter 5 of this title, as well as policies and procedures to implement this chapter. (3) The commission shall not exercise authority over the award or administration of any particular contract or grant. Amended by 2013 Tenn. Acts, ch. 403,s 1, eff. 7/1/2013. Acts 2011, ch. 295, § 2.
(a) (1) There is created a procurement commission, which shall consist of the commissioners of general services and finance and administration, and the comptroller of the treasury. The chief procurement officer shall serve as a nonvoting member. (2) The commission shall adopt a procedure governing its proceedings, and the chief procurement officer shall keep a permanent and accurate record of all of its proceedings. (3) All departments and agencies shall submit existing rules related to procurement to the commission for the commission's review, comment, and recommendations for any changes to such rules. Prior to forwarding draft rules related to procurement to the secretary of state, all departments shall submit such draft rules to the commission for the commission's review and comment together with any recommendations for changes to such draft rules. (4) The attorney general and reporter shall serve as legal counsel to the commission in accordance with the requirements of § 8-6-301 .
(1) There is created a procurement commission, which shall consist of the commissioners of general services and finance and administration, and the comptroller of the treasury. The chief procurement officer shall serve as a nonvoting member.
(2) The commission shall adopt a procedure governing its proceedings, and the chief procurement officer shall keep a permanent and accurate record of all of its proceedings.
(3) All departments and agencies shall submit existing rules related to procurement to the commission for the commission's review, comment, and recommendations for any changes to such rules. Prior to forwarding draft rules related to procurement to the secretary of state, all departments shall submit such draft rules to the commission for the commission's review and comment together with any recommendations for changes to such draft rules.
(4) The attorney general and reporter shall serve as legal counsel to the commission in accordance with the requirements of § 8-6-301 .
(b) (1) The commission has the power and authority, except as otherwise provided in this chapter, to review, comment, and approve draft rules and regulations, policies, standards, and procedures to be followed consistent with this chapter and title 12, chapters 3 and 4, and to make recommendations for changes thereto, governing the procurement of goods and services, contracting, agency contract and grant management, training and professional development, and the disposal of goods and services by the state. (2) The commission is authorized to promulgate necessary rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in chapter 5 of this title, as well as policies and procedures to implement this chapter. (3) The commission shall not exercise authority over the award or administration of any particular contract or grant.
(1) The commission has the power and authority, except as otherwise provided in this chapter, to review, comment, and approve draft rules and regulations, policies, standards, and procedures to be followed consistent with this chapter and title 12, chapters 3 and 4, and to make recommendations for changes thereto, governing the procurement of goods and services, contracting, agency contract and grant management, training and professional development, and the disposal of goods and services by the state.
(2) The commission is authorized to promulgate necessary rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in chapter 5 of this title, as well as policies and procedures to implement this chapter.
(3) The commission shall not exercise authority over the award or administration of any particular contract or grant.
Amended by 2013 Tenn. Acts, ch. 403,s 1, eff. 7/1/2013.
Acts 2011, ch. 295, § 2.
Tenn. Code Ann. § 4-3-1502 — TN Code / Title 4 / Chapter 3 / Section 4-3-1502
Attorney general and reporter
Status: in_force

The legal department shall be under the charge and general supervision of the attorney general and reporter. Acts 1929, ch. 22, § 1; Code 1932, § 9950; modified.
The legal department shall be under the charge and general supervision of the attorney general and reporter.
Acts 1929, ch. 22, § 1; Code 1932, § 9950; modified.
Tenn. Code Ann. § 4-3-123 — TN Code / Title 4 / Chapter 3 / Section 4-3-123
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 688,s 103, eff. 7/1/2024. Acts 1984, ch. 943, § 8.
Repealed by 2024 Tenn. Acts, ch. 688,s 103, eff. 7/1/2024.
Acts 1984, ch. 943, § 8.
Tenn. Code Ann. § 4-1-401 — TN Code / Title 4 / Chapter 1 / Section 4-1-401
Standard time - Observation of advancement of time - Observation of year-round daylight savings time
Status: in_force

(a) There shall be observed in each and every part of this state only standard time as fixed for such area by the United States department of transportation. No town, city, municipal corporation, taxing district, county or other governmental subdivision shall possess power to adopt permanently or temporarily or from time to time any other standard of time to be observed than as prescribed by this subsection (a). All municipal ordinances, resolutions or other forms of enactment by any body of the nature mentioned in this subsection (a) in conflict with this section are hereby nullified and made of no effect, whether enacted prior or subsequent to the effective date of this section. (b) No person, firm, partnership, corporation or other entity operating or maintaining a place of business of whatsoever kind or nature shall employ, display or maintain or use any other standard of time in connection with such place of business than standard time as prescribed by this section. No radio or television station doing business in this state shall operate on, announce, employ, display, maintain or use any other standard of time than standard time as prescribed by this section. (c) Whoever shall in connection with any place of business of whatsoever kind or nature employ, display, announce, operate on, maintain or use any other than standard time as prescribed by this section commits a Class C misdemeanor. Each day of such violation constitutes a separate offense. (d) (1) This state shall observe the advancement of time provided in 15 U.S.C. § 260a at all times throughout the year, and daylight saving time will be the standard time of the entire state and all of its political subdivisions upon compliance with the following conditions: (A) The United States congress amending or repealing 15 U.S.C. § 260a to authorize states to observe daylight saving time year round; (B) The commissioner of transportation certifying in writing to the speakers of the senate and the house of representatives the congressional action described in subdivision (d)(1)(A); and (C) The general assembly, by joint resolution, confirming the congressional action described in subdivision (d)(1)(A) and authorizing the implementation of the state's observation of daylight saving time year round. (2) The observation of year-round daylight saving time will begin the first Sunday of November following compliance with the requirements of subdivision (d)(1). Amended by 2019 Tenn. Acts, ch. 416,s 1, eff. 5/21/2019. Acts 1949, ch. 5, § 1; C. Supp. 1950, § 5755.33 (Williams, § 11.1); Acts 1957, ch. 260, § 1; modified; T.C.A. (orig. ed.), § 4-113; Acts 1989, ch. 591, § 113.
(a) There shall be observed in each and every part of this state only standard time as fixed for such area by the United States department of transportation. No town, city, municipal corporation, taxing district, county or other governmental subdivision shall possess power to adopt permanently or temporarily or from time to time any other standard of time to be observed than as prescribed by this subsection (a). All municipal ordinances, resolutions or other forms of enactment by any body of the nature mentioned in this subsection (a) in conflict with this section are hereby nullified and made of no effect, whether enacted prior or subsequent to the effective date of this section.
(b) No person, firm, partnership, corporation or other entity operating or maintaining a place of business of whatsoever kind or nature shall employ, display or maintain or use any other standard of time in connection with such place of business than standard time as prescribed by this section. No radio or television station doing business in this state shall operate on, announce, employ, display, maintain or use any other standard of time than standard time as prescribed by this section.
(c) Whoever shall in connection with any place of business of whatsoever kind or nature employ, display, announce, operate on, maintain or use any other than standard time as prescribed by this section commits a Class C misdemeanor. Each day of such violation constitutes a separate offense.
(d) (1) This state shall observe the advancement of time provided in 15 U.S.C. § 260a at all times throughout the year, and daylight saving time will be the standard time of the entire state and all of its political subdivisions upon compliance with the following conditions: (A) The United States congress amending or repealing 15 U.S.C. § 260a to authorize states to observe daylight saving time year round; (B) The commissioner of transportation certifying in writing to the speakers of the senate and the house of representatives the congressional action described in subdivision (d)(1)(A); and (C) The general assembly, by joint resolution, confirming the congressional action described in subdivision (d)(1)(A) and authorizing the implementation of the state's observation of daylight saving time year round. (2) The observation of year-round daylight saving time will begin the first Sunday of November following compliance with the requirements of subdivision (d)(1).
(1) This state shall observe the advancement of time provided in 15 U.S.C. § 260a at all times throughout the year, and daylight saving time will be the standard time of the entire state and all of its political subdivisions upon compliance with the following conditions: (A) The United States congress amending or repealing 15 U.S.C. § 260a to authorize states to observe daylight saving time year round; (B) The commissioner of transportation certifying in writing to the speakers of the senate and the house of representatives the congressional action described in subdivision (d)(1)(A); and (C) The general assembly, by joint resolution, confirming the congressional action described in subdivision (d)(1)(A) and authorizing the implementation of the state's observation of daylight saving time year round.
(A) The United States congress amending or repealing 15 U.S.C. § 260a to authorize states to observe daylight saving time year round;
(B) The commissioner of transportation certifying in writing to the speakers of the senate and the house of representatives the congressional action described in subdivision (d)(1)(A); and
(C) The general assembly, by joint resolution, confirming the congressional action described in subdivision (d)(1)(A) and authorizing the implementation of the state's observation of daylight saving time year round.
(2) The observation of year-round daylight saving time will begin the first Sunday of November following compliance with the requirements of subdivision (d)(1).
Amended by 2019 Tenn. Acts, ch. 416,s 1, eff. 5/21/2019.
Acts 1949, ch. 5, § 1; C. Supp. 1950, § 5755.33 (Williams, § 11.1); Acts 1957, ch. 260, § 1; modified; T.C.A. (orig. ed.), § 4-113; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 4-44-101 — TN Code / Title 4 / Chapter 44 / Section 4-44-101
[Effective until 12/31/2027, see T.C.A. 4-44-116] Short title
Status: in_force

This chapter shall be known and may be cited as the "Tennessee Commission for the United States Semiquincentennial Commission Act." Acts 2019, ch. 384, § 1.
This chapter shall be known and may be cited as the "Tennessee Commission for the United States Semiquincentennial Commission Act."
Acts 2019, ch. 384, § 1.
Tenn. Code Ann. § 4-29-113 — TN Code / Title 4 / Chapter 29 / Section 4-29-113
Continuation of claims or rights against terminated entity
Status: in_force

(a) This chapter shall not cause the dismissal of any claim or right of any person against any governmental entity or any claim or right of a governmental entity terminated under this chapter that is the subject of litigation. Such claims and rights shall be assumed by the state as of the date of termination. (b) If any entity terminated under this chapter has any outstanding bonds or other indebtedness, the state shall preserve the rights of the holders of such bonds or other indebtedness and the obligations and rights of such entity shall accrue to the state. Acts 1977, ch. 452, § 15; T.C.A., § 4-2919.
(a) This chapter shall not cause the dismissal of any claim or right of any person against any governmental entity or any claim or right of a governmental entity terminated under this chapter that is the subject of litigation. Such claims and rights shall be assumed by the state as of the date of termination.
(b) If any entity terminated under this chapter has any outstanding bonds or other indebtedness, the state shall preserve the rights of the holders of such bonds or other indebtedness and the obligations and rights of such entity shall accrue to the state.
Acts 1977, ch. 452, § 15; T.C.A., § 4-2919.
Tenn. Code Ann. § 4-58-101 — TN Code / Title 4 / Chapter 58 / Section 4-58-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Eligibility Verification for Entitlements Act." Acts 2012, ch. 1061, § 1.
This chapter shall be known and may be cited as the "Eligibility Verification for Entitlements Act."
Acts 2012, ch. 1061, § 1.
Tenn. Code Ann. § 4-3-733 — TN Code / Title 4 / Chapter 3 / Section 4-3-733
Historically black college or university consortium or technology partnership - Memorandum of cooperation
Status: in_force

(a) The department of economic and community development is authorized and directed to provide all necessary and appropriate administrative assistance, support, and guidance to facilitate strategy development and coordinated implementation by the Tennessee HBCU consortium and the Tennessee HBCU technology partnership to accomplish their respective and mutual key objectives. (b) In furtherance of subsection (a), the department may enter into one (1) or more memoranda of cooperation with the consortium and the partnership on such terms as are deemed by the commissioner to be appropriate, mutually beneficial, and in the best interest of the consortium and the partnership. Acts 2003 , ch. 324, § 2.
(a) The department of economic and community development is authorized and directed to provide all necessary and appropriate administrative assistance, support, and guidance to facilitate strategy development and coordinated implementation by the Tennessee HBCU consortium and the Tennessee HBCU technology partnership to accomplish their respective and mutual key objectives.
(b) In furtherance of subsection (a), the department may enter into one (1) or more memoranda of cooperation with the consortium and the partnership on such terms as are deemed by the commissioner to be appropriate, mutually beneficial, and in the best interest of the consortium and the partnership.
Acts 2003 , ch. 324, § 2.
Tenn. Code Ann. § 4-3-506 — TN Code / Title 4 / Chapter 3 / Section 4-3-506
Making completeness determinations and issuing or denying permits within time frame specified in department's rules and regulations
Status: in_force

(a) It is the intent of the general assembly that the department of environment and conservation seek to accomplish making a completeness determination and issuing or denying any permit within the time frames specified by the department's rules and regulations. (b) (1) The commissioner shall prepare semiannual permitting efficiency reports that include statistics demonstrating whether the department has acted on permit applications within the time frames established by rule. The statistics may be summarized by organizational unit established under § 4-3-503 . The reports are due February 1 and August 1 of each calendar year. (2) (A) The report due February 1 must report data for the first six (6) months of the current fiscal year. (B) The report due August 1 must report data for the entire previous fiscal year and must also specify any program or system changes to be made if the commissioner determines that program or system changes are necessary to achieve compliance with any time frame. (3) If a report indicates that a division is not complying with the specified time frames, then the report must include a determination of the cause of the noncompliance. (4) The reports must be posted on the department's website and electronically submitted to the governor and members of the general assembly. Amended by 2020 Tenn. Acts, ch. 593, s 1, eff. 3/20/2020. Acts 2012 , ch. 980, § 1.
(a) It is the intent of the general assembly that the department of environment and conservation seek to accomplish making a completeness determination and issuing or denying any permit within the time frames specified by the department's rules and regulations.
(b) (1) The commissioner shall prepare semiannual permitting efficiency reports that include statistics demonstrating whether the department has acted on permit applications within the time frames established by rule. The statistics may be summarized by organizational unit established under § 4-3-503 . The reports are due February 1 and August 1 of each calendar year. (2) (A) The report due February 1 must report data for the first six (6) months of the current fiscal year. (B) The report due August 1 must report data for the entire previous fiscal year and must also specify any program or system changes to be made if the commissioner determines that program or system changes are necessary to achieve compliance with any time frame. (3) If a report indicates that a division is not complying with the specified time frames, then the report must include a determination of the cause of the noncompliance. (4) The reports must be posted on the department's website and electronically submitted to the governor and members of the general assembly.
(1) The commissioner shall prepare semiannual permitting efficiency reports that include statistics demonstrating whether the department has acted on permit applications within the time frames established by rule. The statistics may be summarized by organizational unit established under § 4-3-503 . The reports are due February 1 and August 1 of each calendar year.
(2) (A) The report due February 1 must report data for the first six (6) months of the current fiscal year. (B) The report due August 1 must report data for the entire previous fiscal year and must also specify any program or system changes to be made if the commissioner determines that program or system changes are necessary to achieve compliance with any time frame.
(A) The report due February 1 must report data for the first six (6) months of the current fiscal year.
(B) The report due August 1 must report data for the entire previous fiscal year and must also specify any program or system changes to be made if the commissioner determines that program or system changes are necessary to achieve compliance with any time frame.
(3) If a report indicates that a division is not complying with the specified time frames, then the report must include a determination of the cause of the noncompliance.
(4) The reports must be posted on the department's website and electronically submitted to the governor and members of the general assembly.
Amended by 2020 Tenn. Acts, ch. 593, s 1, eff. 3/20/2020.
Acts 2012 , ch. 980, § 1.
Tenn. Code Ann. § 4-51-201 — TN Code / Title 4 / Chapter 51 / Section 4-51-201
Purpose - Construction
Status: in_force

The purpose of this part is to establish a policy and to provide a system whereby all claimant agencies of this state in conjunction with the corporation shall cooperate in identifying debtors who owe money to the state through its various claimant agencies or to persons on whose behalf the state and its claimant agencies act and who qualify for prizes under part 1 of this chapter from the corporation. It is also the purpose of this part to establish procedures for setting off against any such prize the sum of any debt owed to the state or to persons on whose behalf the state and its claimant agencies act. It is the intent of the general assembly that this part be liberally construed to effectuate these purposes. Acts 2003, ch. 297, § 2.
The purpose of this part is to establish a policy and to provide a system whereby all claimant agencies of this state in conjunction with the corporation shall cooperate in identifying debtors who owe money to the state through its various claimant agencies or to persons on whose behalf the state and its claimant agencies act and who qualify for prizes under part 1 of this chapter from the corporation. It is also the purpose of this part to establish procedures for setting off against any such prize the sum of any debt owed to the state or to persons on whose behalf the state and its claimant agencies act. It is the intent of the general assembly that this part be liberally construed to effectuate these purposes.
Acts 2003, ch. 297, § 2.
Tenn. Code Ann. § 4-31-114 — TN Code / Title 4 / Chapter 31 / Section 4-31-114
Bonds and notes - Legal investments and lawful security
Status: in_force

(a) The bonds and notes issued pursuant to this chapter shall be and are hereby declared to be legal and authorized investments for banks, savings banks, trust companies, building and loan associations, insurance companies, fiduciaries, trustees, guardians and for all public funds of the state, any local government unit or other political corporations or subdivisions of the state. (b) Such bonds and notes shall be eligible to secure the deposit of any and all public funds of the state and all public funds of local government units or other political corporations or subdivisions of the state, and such bonds and notes shall be lawful and sufficient security for these deposits to the extent of their value when accompanied by all unmatured coupons appertaining thereto. Acts 1978, ch. 785, § 15; T.C.A., § 4-3114.
(a) The bonds and notes issued pursuant to this chapter shall be and are hereby declared to be legal and authorized investments for banks, savings banks, trust companies, building and loan associations, insurance companies, fiduciaries, trustees, guardians and for all public funds of the state, any local government unit or other political corporations or subdivisions of the state.
(b) Such bonds and notes shall be eligible to secure the deposit of any and all public funds of the state and all public funds of local government units or other political corporations or subdivisions of the state, and such bonds and notes shall be lawful and sufficient security for these deposits to the extent of their value when accompanied by all unmatured coupons appertaining thereto.
Acts 1978, ch. 785, § 15; T.C.A., § 4-3114.
Tenn. Code Ann. § 4-10-106 — TN Code / Title 4 / Chapter 10 / Section 4-10-106
Staff assistance
Status: in_force

In addition to its own staff, and at the request of the chair, the comptroller of the treasury and the institute of public service of the University of Tennessee are authorized to provide staff assistance as necessary. Acts 1978, ch. 939, § 6; T.C.A., § 4-1006; Acts 1980, ch. 873, § 5; 1996, ch. 840, § 6.
In addition to its own staff, and at the request of the chair, the comptroller of the treasury and the institute of public service of the University of Tennessee are authorized to provide staff assistance as necessary.
Acts 1978, ch. 939, § 6; T.C.A., § 4-1006; Acts 1980, ch. 873, § 5; 1996, ch. 840, § 6.
Tenn. Code Ann. § 4-6-109 — TN Code / Title 4 / Chapter 6 / Section 4-6-109
Hospitalization of inmates
Status: in_force

Whenever, in the judgment of the physician or physicians in charge of any of the charitable or penal institutions of the state, it becomes necessary to perform an operation or give special treatment or care to any inmate of any such institution, if the institution is not equipped for the performance of the operation or to give special treatment, the physician in charge of such institution may, with the approval of the commissioner vested with the administration of such institution, have such inmate placed in a first-class hospital of the state where the inmate may have the necessary operation, hospitalization, care and treatment. Acts 1943, ch. 32, § 1; C. Supp. 1950, § 382.1; modified; T.C.A. (orig. ed.), § 4-619.
Whenever, in the judgment of the physician or physicians in charge of any of the charitable or penal institutions of the state, it becomes necessary to perform an operation or give special treatment or care to any inmate of any such institution, if the institution is not equipped for the performance of the operation or to give special treatment, the physician in charge of such institution may, with the approval of the commissioner vested with the administration of such institution, have such inmate placed in a first-class hospital of the state where the inmate may have the necessary operation, hospitalization, care and treatment.
Acts 1943, ch. 32, § 1; C. Supp. 1950, § 382.1; modified; T.C.A. (orig. ed.), § 4-619.
Tenn. Code Ann. § 4-1-102 — TN Code / Title 4 / Chapter 1 / Section 4-1-102
Protection of territory
Status: in_force

The governor and all subordinate officers of this state are empowered to protect the territory of this state, within its defined limits in all the courts of the country, and the governor may employ counsel for this purpose whenever, in the governor's judgment, it becomes necessary in order to protect this state and the citizens of the commonwealth against illegal encroachments upon their rights, the fee for such services to be fixed by the governor and approved by the attorney general and reporter. Acts 1889, ch. 222, § 2; Shan., § 81; Code 1932, § 95; T.C.A. (orig. ed.), § 4-104.
The governor and all subordinate officers of this state are empowered to protect the territory of this state, within its defined limits in all the courts of the country, and the governor may employ counsel for this purpose whenever, in the governor's judgment, it becomes necessary in order to protect this state and the citizens of the commonwealth against illegal encroachments upon their rights, the fee for such services to be fixed by the governor and approved by the attorney general and reporter.
Acts 1889, ch. 222, § 2; Shan., § 81; Code 1932, § 95; T.C.A. (orig. ed.), § 4-104.
Tenn. Code Ann. § 4-49-108 — TN Code / Title 4 / Chapter 49 / Section 4-49-108
Reports of council
Status: in_force

(a) The council shall prepare and submit an annual report to the governor, the speaker of the senate, and the speaker of the house of representatives containing the following information: (1) The number of active licensees; (2) The aggregate gross and net revenue of all licensees; and (3) The financial impact on this state and local governments as the result of the sports wagering industry in this state. (b) The report prepared under subsection (a) must be submitted not later than September 30 of each year. A report submitted under subsection (a) may be submitted electronically. Renumbered from T.C.A. s 4-51-308 by 2021 Tenn. Acts, ch. 593, s 30, eff. 1/1/2022. Added by 2019 Tenn. Acts, ch. 507, s 1, eff. 7/1/2019.
(a) The council shall prepare and submit an annual report to the governor, the speaker of the senate, and the speaker of the house of representatives containing the following information: (1) The number of active licensees; (2) The aggregate gross and net revenue of all licensees; and (3) The financial impact on this state and local governments as the result of the sports wagering industry in this state.
(1) The number of active licensees;
(2) The aggregate gross and net revenue of all licensees; and
(3) The financial impact on this state and local governments as the result of the sports wagering industry in this state.
(b) The report prepared under subsection (a) must be submitted not later than September 30 of each year. A report submitted under subsection (a) may be submitted electronically.
Renumbered from T.C.A. s 4-51-308 by 2021 Tenn. Acts, ch. 593, s 30, eff. 1/1/2022.
Added by 2019 Tenn. Acts, ch. 507, s 1, eff. 7/1/2019.
Tenn. Code Ann. § 4-12-303 — TN Code / Title 4 / Chapter 12 / Section 4-12-303
Powers of executive director
Status: in_force

It is the intention and purpose of the general assembly that the museum executive director be empowered to accept donations of funds and objects for the benefit of the Tennessee state museum. Amended by 2018 Tenn. Acts, ch. 821,s 15, eff. 4/24/2018. Acts 1983, ch. 420, § 2.
It is the intention and purpose of the general assembly that the museum executive director be empowered to accept donations of funds and objects for the benefit of the Tennessee state museum.
Amended by 2018 Tenn. Acts, ch. 821,s 15, eff. 4/24/2018.
Acts 1983, ch. 420, § 2.
Tenn. Code Ann. § 4-31-602 — TN Code / Title 4 / Chapter 31 / Section 4-31-602
Legislative intent
Status: in_force

(a) The general assembly finds and declares that: (1) The construction of safety improvements for airports is an essential function of airport authorities, municipal airports, and state and local governments; (2) The construction of projects for airport improvements, for the mitigation of noise created by activity of an airport, for the acquisition of property and rights in property, real and personal, relating thereto, and the financing of such, are essential functions of airport authorities, municipal airports, and state and local governments; and (3) To the extent that financing of improvements, safety improvements and noise mitigation for airport authorities and municipal airports can be accomplished through the pooling of needs and the use of less costly borrowing techniques, airport authorities, municipal airports and local governments would be better able to provide improvements, safety improvements and noise mitigation for the benefit of citizens. (b) (1) It is accordingly in furtherance of the interest and welfare of all Tennesseans that the Tennessee local development authority be empowered to issue its revenue bonds and to make proceeds available for loans to airport authorities and municipal airports for improvements, safety improvements and noise mitigation projects at a cost lower than would otherwise be obtainable. (2) It is intended that the Tennessee local development authority be vested with all powers necessary to accomplish these purposes. Acts 1988, ch. 820, § 1.
(a) The general assembly finds and declares that: (1) The construction of safety improvements for airports is an essential function of airport authorities, municipal airports, and state and local governments; (2) The construction of projects for airport improvements, for the mitigation of noise created by activity of an airport, for the acquisition of property and rights in property, real and personal, relating thereto, and the financing of such, are essential functions of airport authorities, municipal airports, and state and local governments; and (3) To the extent that financing of improvements, safety improvements and noise mitigation for airport authorities and municipal airports can be accomplished through the pooling of needs and the use of less costly borrowing techniques, airport authorities, municipal airports and local governments would be better able to provide improvements, safety improvements and noise mitigation for the benefit of citizens.
(1) The construction of safety improvements for airports is an essential function of airport authorities, municipal airports, and state and local governments;
(2) The construction of projects for airport improvements, for the mitigation of noise created by activity of an airport, for the acquisition of property and rights in property, real and personal, relating thereto, and the financing of such, are essential functions of airport authorities, municipal airports, and state and local governments; and
(3) To the extent that financing of improvements, safety improvements and noise mitigation for airport authorities and municipal airports can be accomplished through the pooling of needs and the use of less costly borrowing techniques, airport authorities, municipal airports and local governments would be better able to provide improvements, safety improvements and noise mitigation for the benefit of citizens.
(b) (1) It is accordingly in furtherance of the interest and welfare of all Tennesseans that the Tennessee local development authority be empowered to issue its revenue bonds and to make proceeds available for loans to airport authorities and municipal airports for improvements, safety improvements and noise mitigation projects at a cost lower than would otherwise be obtainable. (2) It is intended that the Tennessee local development authority be vested with all powers necessary to accomplish these purposes.
(1) It is accordingly in furtherance of the interest and welfare of all Tennesseans that the Tennessee local development authority be empowered to issue its revenue bonds and to make proceeds available for loans to airport authorities and municipal airports for improvements, safety improvements and noise mitigation projects at a cost lower than would otherwise be obtainable.
(2) It is intended that the Tennessee local development authority be vested with all powers necessary to accomplish these purposes.
Acts 1988, ch. 820, § 1.
Tenn. Code Ann. § 4-49-208 — TN Code / Title 4 / Chapter 49 / Section 4-49-208
Suspension, refusal to renew, or revocation of license or fine for violations - Ineligibility to apply for license
Status: in_force

(a) The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, shall govern all matters and procedures regarding the hearing and judicial review of any contested case arising under §§ 4-49-203 , 4-49-204 , and 4-49-208 . (b) Any person may present charges to the sports wagering advisory council in writing against any licensee whose conduct allegedly violates this part. If it is determined that the licensee has violated this part, the sports wagering advisory council may, after notice and an opportunity for hearing, do any of the following or both: (1) Suspend, refuse to renew, or revoke a license issued under this part; (2) Impose a fine of not more than twenty five thousand dollars ($25,000) per violation. The sports wagering advisory council shall promulgate rules pursuant to the Uniform Administrative Procedures Act, setting forth a range of fines for each violation. (c) Any fantasy sports operator who engages in or offers to engage in fantasy sports contests with Tennessee consumers without a license, as required by this part, shall be ineligible to apply for a license for a period of twelve (12) months after the violation occurred. (d) A license issued pursuant to this part shall expire on the last day of the twelfth month following its issuance and shall become invalid on that date unless renewed. Renumbered from 47-18-1608 by 2023 Tenn. Acts, ch. 143, s 5, eff. 7/1/2023. Added by 2016 Tenn. Acts, ch. 978, s 1, eff. 7/1/2016.
(a) The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, shall govern all matters and procedures regarding the hearing and judicial review of any contested case arising under §§ 4-49-203 , 4-49-204 , and 4-49-208 .
(b) Any person may present charges to the sports wagering advisory council in writing against any licensee whose conduct allegedly violates this part. If it is determined that the licensee has violated this part, the sports wagering advisory council may, after notice and an opportunity for hearing, do any of the following or both: (1) Suspend, refuse to renew, or revoke a license issued under this part; (2) Impose a fine of not more than twenty five thousand dollars ($25,000) per violation. The sports wagering advisory council shall promulgate rules pursuant to the Uniform Administrative Procedures Act, setting forth a range of fines for each violation.
(1) Suspend, refuse to renew, or revoke a license issued under this part;
(2) Impose a fine of not more than twenty five thousand dollars ($25,000) per violation. The sports wagering advisory council shall promulgate rules pursuant to the Uniform Administrative Procedures Act, setting forth a range of fines for each violation.
(c) Any fantasy sports operator who engages in or offers to engage in fantasy sports contests with Tennessee consumers without a license, as required by this part, shall be ineligible to apply for a license for a period of twelve (12) months after the violation occurred.
(d) A license issued pursuant to this part shall expire on the last day of the twelfth month following its issuance and shall become invalid on that date unless renewed.
Renumbered from 47-18-1608 by 2023 Tenn. Acts, ch. 143, s 5, eff. 7/1/2023.
Added by 2016 Tenn. Acts, ch. 978, s 1, eff. 7/1/2016.
Tenn. Code Ann. § 4-3-2207 — TN Code / Title 4 / Chapter 3 / Section 4-3-2207
Regional tourist promotion - State assistance
Status: in_force

(a) It is the intent of the state to assist financially with the development of regional plans for tourist promotion and for coordination of activities thereunder. (b) From and after the creation of any regularly chartered, nonprofit tourist promotion organization or a tax exempt public agency representing all the area within a planning region of this state as delineated by the [former] state planning office and reiterated by Executive Order No. 17, and when the local people shall indicate their willingness to contribute financially, then the state shall be authorized to match such local contributions up to a maximum of thirty-five thousand dollars ($35,000) annually on the basis of two dollars ($2.00) in matching state funds for each one dollar ($1.00) contributed by the local people involved. The aggregate of such funds may also be used for purposes of matching various federal programs of assistance for tourist promotion. Cities and counties are specifically authorized to appropriate and expend funds for carrying out the purposes of this section and §§ 4-3-2204 , 4-3-2206 , and 4-3-2208 . (c) Each organization operating under this section and §§ 4-3-2204 , 4-3-2206 , and 4-3-2208 shall operate subject to the supervision and control of the commissioner of tourist development. (d) State funds shall be contributed to any such organization only upon recommendation of the commissioner of tourist development and the approval by the commissioner of finance and administration. (e) Each organization operating under this section and §§ 4-3-2204 , 4-3-2206 , and 4-3-2208 shall prepare an annual audit report of its activities through June 30 of each year, and submit a copy of such report to the governor and the general assembly, and the commissioner of tourist development. Financial records of each participating organization shall be subject to audit by the comptroller of the treasury. (f) Funds appropriated to implement this section are subject to the approval of the governor and the commissioner of tourist development. Such funds or portions thereof shall be paid only upon certification by the appropriate official of each participating organization that matching local funds are available. (g) Such funds shall be from the appropriations of the department of tourist development, tourism division and shall be used for the sole purpose of permitting the state to match funds contributed by the local people involved. Any such funds not distributed under this section shall revert to the general fund at the end of the fiscal year. Acts 1970, ch. 552, § 1; impl. am. Acts 1972, ch. 542, § 15; impl. am. Acts 1972, ch. 852, §§ 12, 14; Acts 1973, ch. 164, § 1, 2; impl. am. Acts 1976, ch. 468, § 2; T.C.A., §§ 11-605, 11-25-105; Acts 1989, ch. 94, § 1; 1994, ch. 660, § 1; 2009, ch. 125, § 2.
(a) It is the intent of the state to assist financially with the development of regional plans for tourist promotion and for coordination of activities thereunder.
(b) From and after the creation of any regularly chartered, nonprofit tourist promotion organization or a tax exempt public agency representing all the area within a planning region of this state as delineated by the [former] state planning office and reiterated by Executive Order No. 17, and when the local people shall indicate their willingness to contribute financially, then the state shall be authorized to match such local contributions up to a maximum of thirty-five thousand dollars ($35,000) annually on the basis of two dollars ($2.00) in matching state funds for each one dollar ($1.00) contributed by the local people involved. The aggregate of such funds may also be used for purposes of matching various federal programs of assistance for tourist promotion. Cities and counties are specifically authorized to appropriate and expend funds for carrying out the purposes of this section and §§ 4-3-2204 , 4-3-2206 , and 4-3-2208 .
(c) Each organization operating under this section and §§ 4-3-2204 , 4-3-2206 , and 4-3-2208 shall operate subject to the supervision and control of the commissioner of tourist development.
(d) State funds shall be contributed to any such organization only upon recommendation of the commissioner of tourist development and the approval by the commissioner of finance and administration.
(e) Each organization operating under this section and §§ 4-3-2204 , 4-3-2206 , and 4-3-2208 shall prepare an annual audit report of its activities through June 30 of each year, and submit a copy of such report to the governor and the general assembly, and the commissioner of tourist development. Financial records of each participating organization shall be subject to audit by the comptroller of the treasury.
(f) Funds appropriated to implement this section are subject to the approval of the governor and the commissioner of tourist development. Such funds or portions thereof shall be paid only upon certification by the appropriate official of each participating organization that matching local funds are available.
(g) Such funds shall be from the appropriations of the department of tourist development, tourism division and shall be used for the sole purpose of permitting the state to match funds contributed by the local people involved. Any such funds not distributed under this section shall revert to the general fund at the end of the fiscal year.
Acts 1970, ch. 552, § 1; impl. am. Acts 1972, ch. 542, § 15; impl. am. Acts 1972, ch. 852, §§ 12, 14; Acts 1973, ch. 164, § 1, 2; impl. am. Acts 1976, ch. 468, § 2; T.C.A., §§ 11-605, 11-25-105; Acts 1989, ch. 94, § 1; 1994, ch. 660, § 1; 2009, ch. 125, § 2.
Tenn. Code Ann. § 4-31-902 — TN Code / Title 4 / Chapter 31 / Section 4-31-902
Legislative findings
Status: in_force

(a) The general assembly finds and declares that the costs incurred in connection with reasonable and safe cleanup with respect to petroleum sites within the state, as provided in title 68, chapter 215, part 1, are extensive and threaten the state's ability to meet its obligations with respect to the environment. (b) It is accordingly in furtherance of the interests and welfare of all Tennesseans that the Tennessee local development authority, referred to in this part as the "authority," be empowered to issue revenue bonds and notes and to make the proceeds available to the petroleum underground storage tank board for purposes of providing for the reimbursement of reasonable and safe cleanup of petroleum sites. (c) It is intended that the authority be vested with all powers necessary to accomplish these purposes. Acts 1997, ch. 444, § 2.
(a) The general assembly finds and declares that the costs incurred in connection with reasonable and safe cleanup with respect to petroleum sites within the state, as provided in title 68, chapter 215, part 1, are extensive and threaten the state's ability to meet its obligations with respect to the environment.
(b) It is accordingly in furtherance of the interests and welfare of all Tennesseans that the Tennessee local development authority, referred to in this part as the "authority," be empowered to issue revenue bonds and notes and to make the proceeds available to the petroleum underground storage tank board for purposes of providing for the reimbursement of reasonable and safe cleanup of petroleum sites.
(c) It is intended that the authority be vested with all powers necessary to accomplish these purposes.
Acts 1997, ch. 444, § 2.
Tenn. Code Ann. § 4-3-728 — TN Code / Title 4 / Chapter 3 / Section 4-3-728
Community development block grants to disadvantaged businesses
Status: in_force

(a) Notwithstanding any law to the contrary, in the allocation and use of community development block grants it is the policy of this state that a substantial portion of such grants shall be utilized whenever reasonably possible for the development of contracts with disadvantaged businesses as defined in § 4-26-102 . (b) The office of business enterprise in the department of economic and community development shall advise the commissioner, or any other official with authority to allocate or disperse community block grants, of disadvantaged businesses that should be considered as recipients of such block grants. (c) The office of business enterprise shall annually report not later than December 1, to the general assembly, of all such advisements regarding disadvantaged businesses and the number of or amount of community block grants received by disadvantaged businesses. Acts 1984, ch. 873, § 1.
(a) Notwithstanding any law to the contrary, in the allocation and use of community development block grants it is the policy of this state that a substantial portion of such grants shall be utilized whenever reasonably possible for the development of contracts with disadvantaged businesses as defined in § 4-26-102 .
(b) The office of business enterprise in the department of economic and community development shall advise the commissioner, or any other official with authority to allocate or disperse community block grants, of disadvantaged businesses that should be considered as recipients of such block grants.
(c) The office of business enterprise shall annually report not later than December 1, to the general assembly, of all such advisements regarding disadvantaged businesses and the number of or amount of community block grants received by disadvantaged businesses.
Acts 1984, ch. 873, § 1.
Tenn. Code Ann. § 4-21-306 — TN Code / Title 4 / Chapter 21 / Section 4-21-306
Remedies
Status: in_force

(a) Affirmative action ordered under this section may include, but is not limited to: (1) Hiring, reinstatement or upgrading of employees with or without back pay. Interim earnings or amounts earnable with reasonable diligence by the person or persons discriminated against shall operate to reduce the back pay otherwise allowable; (2) Admission or restoration of individuals to union membership, admission to, or participation in, a guidance program, apprenticeship, training program, on-the-job training program, or other occupational training or retraining program, and the utilization of objective criteria in the admission of individuals to such programs; (3) Admission of individuals to a place of public accommodation, resort or amusement; (4) The extension to all individuals of the full and equal enjoyment of the advantages, facilities, privileges and services of the respondent; (5) Reporting as to the manner of compliance; (6) Posting notices in conspicuous places in the respondent's place of business in the form prescribed by the commission and inclusion of such notices in advertising material; (7) Payment to the complainant of damages for an injury, including humiliation and embarrassment, caused by the discriminatory practice, and cost, including a reasonable attorney's fee; (8) Such other remedies as shall be necessary and proper to eliminate all the discrimination identified by the evidence submitted at the hearing or in the record; and (9) (A) In cases involving discriminatory housing practices only, payment by the respondent of a civil penalty: (i) In an amount not exceeding ten thousand dollars ($10,000) if the respondent has not been adjudged to have committed any prior unlawful discriminatory housing practices; (ii) In an amount not exceeding twenty-five thousand dollars ($25,000) if the respondent has been adjudged to have committed one (1) other unlawful discriminatory housing practice during the five-year period ending on the date of the filing of the complaint; or (iii) In an amount not exceeding fifty thousand dollars ($50,000) if the respondent has been adjudged to have committed two (2) or more unlawful discriminatory housing practices during the seven-year period ending on the date of the filing of the complaint; (B) If the acts constituting the discriminatory housing practice that is the object of the complaint are committed by the same natural person who has been previously adjudged to have committed acts constituting an unlawful discriminatory housing practice, then the civil penalties set forth in subdivisions (a)(9)(A)(ii) and (iii) may be imposed without regard to the period of time within which any subsequent discriminatory housing practice occurred. (b) The commission may publish, or cause to be published, the names of persons who have been determined to have engaged in a discriminatory practice. Acts 1978, ch. 748, §§ 21; T.C.A., §§ 4-2119, 4-21-119; Acts 1992, ch. 1027, § 7.
(a) Affirmative action ordered under this section may include, but is not limited to: (1) Hiring, reinstatement or upgrading of employees with or without back pay. Interim earnings or amounts earnable with reasonable diligence by the person or persons discriminated against shall operate to reduce the back pay otherwise allowable; (2) Admission or restoration of individuals to union membership, admission to, or participation in, a guidance program, apprenticeship, training program, on-the-job training program, or other occupational training or retraining program, and the utilization of objective criteria in the admission of individuals to such programs; (3) Admission of individuals to a place of public accommodation, resort or amusement; (4) The extension to all individuals of the full and equal enjoyment of the advantages, facilities, privileges and services of the respondent; (5) Reporting as to the manner of compliance; (6) Posting notices in conspicuous places in the respondent's place of business in the form prescribed by the commission and inclusion of such notices in advertising material; (7) Payment to the complainant of damages for an injury, including humiliation and embarrassment, caused by the discriminatory practice, and cost, including a reasonable attorney's fee; (8) Such other remedies as shall be necessary and proper to eliminate all the discrimination identified by the evidence submitted at the hearing or in the record; and (9) (A) In cases involving discriminatory housing practices only, payment by the respondent of a civil penalty: (i) In an amount not exceeding ten thousand dollars ($10,000) if the respondent has not been adjudged to have committed any prior unlawful discriminatory housing practices; (ii) In an amount not exceeding twenty-five thousand dollars ($25,000) if the respondent has been adjudged to have committed one (1) other unlawful discriminatory housing practice during the five-year period ending on the date of the filing of the complaint; or (iii) In an amount not exceeding fifty thousand dollars ($50,000) if the respondent has been adjudged to have committed two (2) or more unlawful discriminatory housing practices during the seven-year period ending on the date of the filing of the complaint; (B) If the acts constituting the discriminatory housing practice that is the object of the complaint are committed by the same natural person who has been previously adjudged to have committed acts constituting an unlawful discriminatory housing practice, then the civil penalties set forth in subdivisions (a)(9)(A)(ii) and (iii) may be imposed without regard to the period of time within which any subsequent discriminatory housing practice occurred.
(1) Hiring, reinstatement or upgrading of employees with or without back pay. Interim earnings or amounts earnable with reasonable diligence by the person or persons discriminated against shall operate to reduce the back pay otherwise allowable;
(2) Admission or restoration of individuals to union membership, admission to, or participation in, a guidance program, apprenticeship, training program, on-the-job training program, or other occupational training or retraining program, and the utilization of objective criteria in the admission of individuals to such programs;
(3) Admission of individuals to a place of public accommodation, resort or amusement;
(4) The extension to all individuals of the full and equal enjoyment of the advantages, facilities, privileges and services of the respondent;
(5) Reporting as to the manner of compliance;
(6) Posting notices in conspicuous places in the respondent's place of business in the form prescribed by the commission and inclusion of such notices in advertising material;
(7) Payment to the complainant of damages for an injury, including humiliation and embarrassment, caused by the discriminatory practice, and cost, including a reasonable attorney's fee;
(8) Such other remedies as shall be necessary and proper to eliminate all the discrimination identified by the evidence submitted at the hearing or in the record; and
(9) (A) In cases involving discriminatory housing practices only, payment by the respondent of a civil penalty: (i) In an amount not exceeding ten thousand dollars ($10,000) if the respondent has not been adjudged to have committed any prior unlawful discriminatory housing practices; (ii) In an amount not exceeding twenty-five thousand dollars ($25,000) if the respondent has been adjudged to have committed one (1) other unlawful discriminatory housing practice during the five-year period ending on the date of the filing of the complaint; or (iii) In an amount not exceeding fifty thousand dollars ($50,000) if the respondent has been adjudged to have committed two (2) or more unlawful discriminatory housing practices during the seven-year period ending on the date of the filing of the complaint; (B) If the acts constituting the discriminatory housing practice that is the object of the complaint are committed by the same natural person who has been previously adjudged to have committed acts constituting an unlawful discriminatory housing practice, then the civil penalties set forth in subdivisions (a)(9)(A)(ii) and (iii) may be imposed without regard to the period of time within which any subsequent discriminatory housing practice occurred.
(A) In cases involving discriminatory housing practices only, payment by the respondent of a civil penalty: (i) In an amount not exceeding ten thousand dollars ($10,000) if the respondent has not been adjudged to have committed any prior unlawful discriminatory housing practices; (ii) In an amount not exceeding twenty-five thousand dollars ($25,000) if the respondent has been adjudged to have committed one (1) other unlawful discriminatory housing practice during the five-year period ending on the date of the filing of the complaint; or (iii) In an amount not exceeding fifty thousand dollars ($50,000) if the respondent has been adjudged to have committed two (2) or more unlawful discriminatory housing practices during the seven-year period ending on the date of the filing of the complaint;
(i) In an amount not exceeding ten thousand dollars ($10,000) if the respondent has not been adjudged to have committed any prior unlawful discriminatory housing practices;
(ii) In an amount not exceeding twenty-five thousand dollars ($25,000) if the respondent has been adjudged to have committed one (1) other unlawful discriminatory housing practice during the five-year period ending on the date of the filing of the complaint; or
(iii) In an amount not exceeding fifty thousand dollars ($50,000) if the respondent has been adjudged to have committed two (2) or more unlawful discriminatory housing practices during the seven-year period ending on the date of the filing of the complaint;
(B) If the acts constituting the discriminatory housing practice that is the object of the complaint are committed by the same natural person who has been previously adjudged to have committed acts constituting an unlawful discriminatory housing practice, then the civil penalties set forth in subdivisions (a)(9)(A)(ii) and (iii) may be imposed without regard to the period of time within which any subsequent discriminatory housing practice occurred.
(b) The commission may publish, or cause to be published, the names of persons who have been determined to have engaged in a discriminatory practice.
Acts 1978, ch. 748, §§ 21; T.C.A., §§ 4-2119, 4-21-119; Acts 1992, ch. 1027, § 7.
Tenn. Code Ann. § 4-29-104 — TN Code / Title 4 / Chapter 29 / Section 4-29-104
Hearings
Status: in_force

(a) Prior to the termination, continuation, reestablishment or restructuring of any governmental entity, the evaluation committee created in § 4-29-103 shall hold at least one (1) public hearing and receive testimony from the public and from the administrative head of the governmental entity. (b) The governmental entity shall have the burden of demonstrating the public need for its continued existence and the extent to which any change in organization, structure or transfer to another department of state government for administrative purposes would increase the operational or administrative effectiveness and efficiency of such entity. (c) Notice of the time and place of the public hearing must be posted on the general assembly website at least seven (7) days prior to the hearing. Amended by 2021 Tenn. Acts, ch. 404, s 1, eff. 7/1/2021. Amended by 2016 Tenn. Acts, ch. 574, s 1, eff. 3/8/2016. Acts 1977, ch. 452, § 10; T.C.A., § 4-2910; Acts 1980, ch. 722, §§ 1, 2; 1993, ch. 521, § 1; 2003 , ch. 396, § 3; 2004, ch. 949, § 2; 2005, ch. 374, § 1; 2006, ch. 1000, § 1; 2007 , ch. 547, § 1.
(a) Prior to the termination, continuation, reestablishment or restructuring of any governmental entity, the evaluation committee created in § 4-29-103 shall hold at least one (1) public hearing and receive testimony from the public and from the administrative head of the governmental entity.
(b) The governmental entity shall have the burden of demonstrating the public need for its continued existence and the extent to which any change in organization, structure or transfer to another department of state government for administrative purposes would increase the operational or administrative effectiveness and efficiency of such entity.
(c) Notice of the time and place of the public hearing must be posted on the general assembly website at least seven (7) days prior to the hearing.
Amended by 2021 Tenn. Acts, ch. 404, s 1, eff. 7/1/2021.
Amended by 2016 Tenn. Acts, ch. 574, s 1, eff. 3/8/2016.
Acts 1977, ch. 452, § 10; T.C.A., § 4-2910; Acts 1980, ch. 722, §§ 1, 2; 1993, ch. 521, § 1; 2003 , ch. 396, § 3; 2004, ch. 949, § 2; 2005, ch. 374, § 1; 2006, ch. 1000, § 1; 2007 , ch. 547, § 1.
Tenn. Code Ann. § 4-44-109 — TN Code / Title 4 / Chapter 44 / Section 4-44-109
[Effective until 12/31/2027, see T.C.A. 4-44-116] Comprehensive report containing specific recommendations for the commemoration
Status: in_force

(a) No later than one (1) year after July 1, 2019, the commission shall submit a comprehensive report to the governor, the speaker of the senate, and the speaker of the house of representatives that contains the commission's specific recommendations for the commemoration of the 250th anniversary of the founding of the United States and related events. (b) The report must include: (1) A detailed timeline of the commission's plan for the event through 2027; (2) The commission's recommendations for the allocation of costs among public and private entities that provide financial and administrative assistance to the commission; (3) The projected number of jobs created through the implementation of the commission's plan and overall program; (4) The projected economic impact of the implementation of the commission's plan and overall program; (5) The geographic impact of the commission's plan and overall program on all counties of this state; (6) A plan for improvements, if any, to the infrastructure of the state necessary to ensure the success of the commission's plan and overall program; and (7) Outputs and outcomes against which progress and success of the commission's plan and overall program can be measured. (c) The report may include recommendations for legislation necessary to effectuate the plan and overall program. (d) The commission shall make the report available to the public on the commission's internet website. Acts 2019, ch. 384, § 9.
(a) No later than one (1) year after July 1, 2019, the commission shall submit a comprehensive report to the governor, the speaker of the senate, and the speaker of the house of representatives that contains the commission's specific recommendations for the commemoration of the 250th anniversary of the founding of the United States and related events.
(b) The report must include: (1) A detailed timeline of the commission's plan for the event through 2027; (2) The commission's recommendations for the allocation of costs among public and private entities that provide financial and administrative assistance to the commission; (3) The projected number of jobs created through the implementation of the commission's plan and overall program; (4) The projected economic impact of the implementation of the commission's plan and overall program; (5) The geographic impact of the commission's plan and overall program on all counties of this state; (6) A plan for improvements, if any, to the infrastructure of the state necessary to ensure the success of the commission's plan and overall program; and (7) Outputs and outcomes against which progress and success of the commission's plan and overall program can be measured.
(1) A detailed timeline of the commission's plan for the event through 2027;
(2) The commission's recommendations for the allocation of costs among public and private entities that provide financial and administrative assistance to the commission;
(3) The projected number of jobs created through the implementation of the commission's plan and overall program;
(4) The projected economic impact of the implementation of the commission's plan and overall program;
(5) The geographic impact of the commission's plan and overall program on all counties of this state;
(6) A plan for improvements, if any, to the infrastructure of the state necessary to ensure the success of the commission's plan and overall program; and
(7) Outputs and outcomes against which progress and success of the commission's plan and overall program can be measured.
(c) The report may include recommendations for legislation necessary to effectuate the plan and overall program.
(d) The commission shall make the report available to the public on the commission's internet website.
Acts 2019, ch. 384, § 9.