Tenn. Code Ann. § 62-2-401 — TN Code / Title 62 / Chapter 2 / Section 62-2-401
General provisions
Status: in_force

(a) The following is considered as minimum evidence satisfactory to the board that the applicant is qualified for registration as an engineer: (1) Graduation from Approved Engineering Curriculum, Experience, and Examination. A graduate of an engineering curriculum of four (4) years or more, approved by the board as being of satisfactory standing, after passing an examination prepared by the National Council of Examiners for Engineering and Surveying involving the fundamentals of engineering, must be admitted to an examination prepared by the National Council of Examiners for Engineering and Surveying in the principles and practice of engineering. Upon passing the examination, and with a specific record of four (4) years or more of progressive experience on engineering projects of a grade and character that indicates to the board that the applicant may be competent to practice engineering, the applicant must be granted a certificate of registration to practice engineering in this state; provided, that the applicant is otherwise qualified; (2) Long Established Practice. A graduate of an approved engineering curriculum of four (4) years or more, with a specific record of twelve (12) years or more of progressive experience on engineering projects of a grade and character that indicates to the board that the applicant may be competent to practice engineering, must be admitted to an examination prepared by the National Council of Examiners for Engineering and Surveying, in the principles and practice of engineering. Upon passing the examination, the applicant must be granted a certificate of registration to practice engineering in this state; provided, that the applicant is otherwise qualified; (3) Graduation from Approved Post-Graduate Engineering Curriculum, Experience, and Examination. (A) A graduate of a curriculum of four (4) years leading to a baccalaureate degree, approved by the board as being of satisfactory standing, accompanied with the completion of post-graduate coursework in engineering curriculum leading to a master's degree or higher in engineering approved by the board as being of satisfactory standing, after passing an examination prepared by the National Council of Examiners for Engineering and Surveying involving the fundamentals of engineering, must be admitted to an examination prepared by the National Council of Examiners for Engineering and Surveying in the principles and practice of engineering. Upon passing the examination, and with a specific record of eight (8) years or more of progressive experience on engineering projects of a grade and character that indicates to the board that the applicant may be competent to practice engineering, the applicant must be granted a certificate of registration to practice engineering in this state; provided, that the applicant is otherwise qualified; (B) The board shall, in its discretion, set forth further criteria in rule specifying what constitutes an acceptable four (4) year undergraduate curriculum; and (C) The board may approve an applicant having less than eight (8) years of experience if the applicant's education and experience are that of a grade and character that indicates to the board that the applicant may be competent to practice engineering; (4) Graduation from Approved Engineering Technology Curriculum, Experience, and Examination. A graduate of an ABET ETAC accredited engineering technology curriculum of four (4) years or more, approved by the board as being of satisfactory standing; and who holds a post-graduate degree in engineering from an institution with an ABET EAC accredited undergraduate engineering program approved by the board as being of satisfactory standing; and with a specific record of eight (8) years or more of experience on engineering projects of a grade and character that indicates to the board that the applicant may be competent to practice engineering and acquired under the supervision of a licensed professional engineer; and who has passed an examination prepared by the National Council of Examiners for Engineering and Surveying involving the fundamentals of engineering, must be admitted to an examination prepared by the National Council of Examiners for Engineering and Surveying in the principles and practice of engineering. Upon passing the examination, the applicant must be granted a certificate of registration to practice engineering in this state; provided, that the applicant is otherwise qualified; or (5) Graduation from Engineering Technology Curriculum, Experience, and Examination. (A) A graduate of an unaccredited engineering technology curriculum of four (4) years or more, approved by the board as being of satisfactory standing; and with a specific record of twelve (12) years or more of experience on engineering projects of a grade and character that indicates to the board that the applicant may be competent to practice engineering and acquired under the supervision of a licensed professional engineer; and who submits written employment references from three (3) engineers currently registered in this state who are in good standing with the board; and who has passed a Fundamentals of Engineering (FE) examination prepared by the National Council of Examiners for Engineering and Surveying involving the fundamentals of engineering; and who has passed a Principles and Practice of Engineering (PE) examination prepared by the National Council of Examiners for Engineering and Surveying, must be admitted to an examination prepared by the National Council of Examiners for Engineering and Surveying in the principles and practice of engineering. Upon passing the examinations, the applicant must be granted a certificate of registration to practice engineering in this state; provided, that the applicant is otherwise qualified. (B) This subdivision (a)(5) is repealed on June 30, 2025. (b) Notwithstanding any provision to the contrary, the board may in its discretion grant up to one (1) year of qualified experience obtained in an established cooperative education program that is carried out within the framework of an approved engineering curriculum and that has been approved by the board. Amended by 2024 Tenn. Acts, ch. 706,s 1, eff. 7/1/2024. Amended by 2022 Tenn. Acts, ch. 904, s 3, eff. 7/1/2022. Amended by 2017 Tenn. Acts, ch. 348, s 1, eff. 7/1/2017. Amended by 2017 Tenn. Acts, ch. 226, s 1, eff. 7/1/2017. Amended by 2013 Tenn. Acts, ch. 180, s 1, eff. 4/23/2013. Acts 1979, ch. 263, § 10; 1980, ch. 627, § 6; T.C.A., § 62-210; Acts 1990, ch. 1026, §§ 21, 22; 1993, ch. 132, §§ 3-5; 1995, ch. 113, § 1; 1997 , ch. 129, §§ 1, 2; 2007 , ch. 215, § 1.
(a) The following is considered as minimum evidence satisfactory to the board that the applicant is qualified for registration as an engineer: (1) Graduation from Approved Engineering Curriculum, Experience, and Examination. A graduate of an engineering curriculum of four (4) years or more, approved by the board as being of satisfactory standing, after passing an examination prepared by the National Council of Examiners for Engineering and Surveying involving the fundamentals of engineering, must be admitted to an examination prepared by the National Council of Examiners for Engineering and Surveying in the principles and practice of engineering. Upon passing the examination, and with a specific record of four (4) years or more of progressive experience on engineering projects of a grade and character that indicates to the board that the applicant may be competent to practice engineering, the applicant must be granted a certificate of registration to practice engineering in this state; provided, that the applicant is otherwise qualified; (2) Long Established Practice. A graduate of an approved engineering curriculum of four (4) years or more, with a specific record of twelve (12) years or more of progressive experience on engineering projects of a grade and character that indicates to the board that the applicant may be competent to practice engineering, must be admitted to an examination prepared by the National Council of Examiners for Engineering and Surveying, in the principles and practice of engineering. Upon passing the examination, the applicant must be granted a certificate of registration to practice engineering in this state; provided, that the applicant is otherwise qualified; (3) Graduation from Approved Post-Graduate Engineering Curriculum, Experience, and Examination. (A) A graduate of a curriculum of four (4) years leading to a baccalaureate degree, approved by the board as being of satisfactory standing, accompanied with the completion of post-graduate coursework in engineering curriculum leading to a master's degree or higher in engineering approved by the board as being of satisfactory standing, after passing an examination prepared by the National Council of Examiners for Engineering and Surveying involving the fundamentals of engineering, must be admitted to an examination prepared by the National Council of Examiners for Engineering and Surveying in the principles and practice of engineering. Upon passing the examination, and with a specific record of eight (8) years or more of progressive experience on engineering projects of a grade and character that indicates to the board that the applicant may be competent to practice engineering, the applicant must be granted a certificate of registration to practice engineering in this state; provided, that the applicant is otherwise qualified; (B) The board shall, in its discretion, set forth further criteria in rule specifying what constitutes an acceptable four (4) year undergraduate curriculum; and (C) The board may approve an applicant having less than eight (8) years of experience if the applicant's education and experience are that of a grade and character that indicates to the board that the applicant may be competent to practice engineering; (4) Graduation from Approved Engineering Technology Curriculum, Experience, and Examination. A graduate of an ABET ETAC accredited engineering technology curriculum of four (4) years or more, approved by the board as being of satisfactory standing; and who holds a post-graduate degree in engineering from an institution with an ABET EAC accredited undergraduate engineering program approved by the board as being of satisfactory standing; and with a specific record of eight (8) years or more of experience on engineering projects of a grade and character that indicates to the board that the applicant may be competent to practice engineering and acquired under the supervision of a licensed professional engineer; and who has passed an examination prepared by the National Council of Examiners for Engineering and Surveying involving the fundamentals of engineering, must be admitted to an examination prepared by the National Council of Examiners for Engineering and Surveying in the principles and practice of engineering. Upon passing the examination, the applicant must be granted a certificate of registration to practice engineering in this state; provided, that the applicant is otherwise qualified; or (5) Graduation from Engineering Technology Curriculum, Experience, and Examination. (A) A graduate of an unaccredited engineering technology curriculum of four (4) years or more, approved by the board as being of satisfactory standing; and with a specific record of twelve (12) years or more of experience on engineering projects of a grade and character that indicates to the board that the applicant may be competent to practice engineering and acquired under the supervision of a licensed professional engineer; and who submits written employment references from three (3) engineers currently registered in this state who are in good standing with the board; and who has passed a Fundamentals of Engineering (FE) examination prepared by the National Council of Examiners for Engineering and Surveying involving the fundamentals of engineering; and who has passed a Principles and Practice of Engineering (PE) examination prepared by the National Council of Examiners for Engineering and Surveying, must be admitted to an examination prepared by the National Council of Examiners for Engineering and Surveying in the principles and practice of engineering. Upon passing the examinations, the applicant must be granted a certificate of registration to practice engineering in this state; provided, that the applicant is otherwise qualified. (B) This subdivision (a)(5) is repealed on June 30, 2025.
(1) Graduation from Approved Engineering Curriculum, Experience, and Examination. A graduate of an engineering curriculum of four (4) years or more, approved by the board as being of satisfactory standing, after passing an examination prepared by the National Council of Examiners for Engineering and Surveying involving the fundamentals of engineering, must be admitted to an examination prepared by the National Council of Examiners for Engineering and Surveying in the principles and practice of engineering. Upon passing the examination, and with a specific record of four (4) years or more of progressive experience on engineering projects of a grade and character that indicates to the board that the applicant may be competent to practice engineering, the applicant must be granted a certificate of registration to practice engineering in this state; provided, that the applicant is otherwise qualified;
(2) Long Established Practice. A graduate of an approved engineering curriculum of four (4) years or more, with a specific record of twelve (12) years or more of progressive experience on engineering projects of a grade and character that indicates to the board that the applicant may be competent to practice engineering, must be admitted to an examination prepared by the National Council of Examiners for Engineering and Surveying, in the principles and practice of engineering. Upon passing the examination, the applicant must be granted a certificate of registration to practice engineering in this state; provided, that the applicant is otherwise qualified;
(3) Graduation from Approved Post-Graduate Engineering Curriculum, Experience, and Examination. (A) A graduate of a curriculum of four (4) years leading to a baccalaureate degree, approved by the board as being of satisfactory standing, accompanied with the completion of post-graduate coursework in engineering curriculum leading to a master's degree or higher in engineering approved by the board as being of satisfactory standing, after passing an examination prepared by the National Council of Examiners for Engineering and Surveying involving the fundamentals of engineering, must be admitted to an examination prepared by the National Council of Examiners for Engineering and Surveying in the principles and practice of engineering. Upon passing the examination, and with a specific record of eight (8) years or more of progressive experience on engineering projects of a grade and character that indicates to the board that the applicant may be competent to practice engineering, the applicant must be granted a certificate of registration to practice engineering in this state; provided, that the applicant is otherwise qualified; (B) The board shall, in its discretion, set forth further criteria in rule specifying what constitutes an acceptable four (4) year undergraduate curriculum; and (C) The board may approve an applicant having less than eight (8) years of experience if the applicant's education and experience are that of a grade and character that indicates to the board that the applicant may be competent to practice engineering;
(A) A graduate of a curriculum of four (4) years leading to a baccalaureate degree, approved by the board as being of satisfactory standing, accompanied with the completion of post-graduate coursework in engineering curriculum leading to a master's degree or higher in engineering approved by the board as being of satisfactory standing, after passing an examination prepared by the National Council of Examiners for Engineering and Surveying involving the fundamentals of engineering, must be admitted to an examination prepared by the National Council of Examiners for Engineering and Surveying in the principles and practice of engineering. Upon passing the examination, and with a specific record of eight (8) years or more of progressive experience on engineering projects of a grade and character that indicates to the board that the applicant may be competent to practice engineering, the applicant must be granted a certificate of registration to practice engineering in this state; provided, that the applicant is otherwise qualified;
(B) The board shall, in its discretion, set forth further criteria in rule specifying what constitutes an acceptable four (4) year undergraduate curriculum; and
(C) The board may approve an applicant having less than eight (8) years of experience if the applicant's education and experience are that of a grade and character that indicates to the board that the applicant may be competent to practice engineering;
(4) Graduation from Approved Engineering Technology Curriculum, Experience, and Examination. A graduate of an ABET ETAC accredited engineering technology curriculum of four (4) years or more, approved by the board as being of satisfactory standing; and who holds a post-graduate degree in engineering from an institution with an ABET EAC accredited undergraduate engineering program approved by the board as being of satisfactory standing; and with a specific record of eight (8) years or more of experience on engineering projects of a grade and character that indicates to the board that the applicant may be competent to practice engineering and acquired under the supervision of a licensed professional engineer; and who has passed an examination prepared by the National Council of Examiners for Engineering and Surveying involving the fundamentals of engineering, must be admitted to an examination prepared by the National Council of Examiners for Engineering and Surveying in the principles and practice of engineering. Upon passing the examination, the applicant must be granted a certificate of registration to practice engineering in this state; provided, that the applicant is otherwise qualified; or
(5) Graduation from Engineering Technology Curriculum, Experience, and Examination. (A) A graduate of an unaccredited engineering technology curriculum of four (4) years or more, approved by the board as being of satisfactory standing; and with a specific record of twelve (12) years or more of experience on engineering projects of a grade and character that indicates to the board that the applicant may be competent to practice engineering and acquired under the supervision of a licensed professional engineer; and who submits written employment references from three (3) engineers currently registered in this state who are in good standing with the board; and who has passed a Fundamentals of Engineering (FE) examination prepared by the National Council of Examiners for Engineering and Surveying involving the fundamentals of engineering; and who has passed a Principles and Practice of Engineering (PE) examination prepared by the National Council of Examiners for Engineering and Surveying, must be admitted to an examination prepared by the National Council of Examiners for Engineering and Surveying in the principles and practice of engineering. Upon passing the examinations, the applicant must be granted a certificate of registration to practice engineering in this state; provided, that the applicant is otherwise qualified. (B) This subdivision (a)(5) is repealed on June 30, 2025.
(A) A graduate of an unaccredited engineering technology curriculum of four (4) years or more, approved by the board as being of satisfactory standing; and with a specific record of twelve (12) years or more of experience on engineering projects of a grade and character that indicates to the board that the applicant may be competent to practice engineering and acquired under the supervision of a licensed professional engineer; and who submits written employment references from three (3) engineers currently registered in this state who are in good standing with the board; and who has passed a Fundamentals of Engineering (FE) examination prepared by the National Council of Examiners for Engineering and Surveying involving the fundamentals of engineering; and who has passed a Principles and Practice of Engineering (PE) examination prepared by the National Council of Examiners for Engineering and Surveying, must be admitted to an examination prepared by the National Council of Examiners for Engineering and Surveying in the principles and practice of engineering. Upon passing the examinations, the applicant must be granted a certificate of registration to practice engineering in this state; provided, that the applicant is otherwise qualified.
(B) This subdivision (a)(5) is repealed on June 30, 2025.
(b) Notwithstanding any provision to the contrary, the board may in its discretion grant up to one (1) year of qualified experience obtained in an established cooperative education program that is carried out within the framework of an approved engineering curriculum and that has been approved by the board.
Amended by 2024 Tenn. Acts, ch. 706,s 1, eff. 7/1/2024.
Amended by 2022 Tenn. Acts, ch. 904, s 3, eff. 7/1/2022.
Amended by 2017 Tenn. Acts, ch. 348, s 1, eff. 7/1/2017.
Amended by 2017 Tenn. Acts, ch. 226, s 1, eff. 7/1/2017.
Amended by 2013 Tenn. Acts, ch. 180, s 1, eff. 4/23/2013.
Acts 1979, ch. 263, § 10; 1980, ch. 627, § 6; T.C.A., § 62-210; Acts 1990, ch. 1026, §§ 21, 22; 1993, ch. 132, §§ 3-5; 1995, ch. 113, § 1; 1997 , ch. 129, §§ 1, 2; 2007 , ch. 215, § 1.
Tenn. Code Ann. § 62-20-106 — TN Code / Title 62 / Chapter 20 / Section 62-20-106
Application for license
Status: in_force

An application for a collection service license shall be submitted on the form prescribed by the board and shall be accompanied by: (1) A nonrefundable application fee as set by the board; (2) A current personal or corporate financial statement prepared by a licensed public accountant or certified public accountant; (3) (A) A surety bond executed by the applicant and a surety company authorized to do business in this state, made payable to the state of Tennessee. The amount of this surety bond shall be pro rated and based on the certified number of employees per collection agency as follows: (i) One to four (1-4) employees - fifteen thousand dollars ($15,000); (ii) Five to nine (5-9) employees - twenty thousand dollars ($20,000); (iii) Ten (10) or more employees - twenty-five thousand dollars ($25,000); or (iv) Instead of the bond, a certificate of deposit in the sums as outlined in this subdivision (3)(A), which shall be assigned to the board; (B) The bond or assignment of certificate of deposit shall be conditioned that the applicant shall faithfully and truly perform all agreements entered into with its clients accounting for the net proceeds of all collections in accordance with this chapter; and (4) Any other relevant information and documentation that may be requested by the board to determine whether the applicant meets the requirements for initial licensure as set forth in § 62-20-107 . Amended by 2015 Tenn. Acts, ch. 291, s 9, eff. 4/24/2015. Acts 1981, ch. 170, § 6; 1988, ch. 823, § 7; 1989, ch. 523, § 166; 1990, ch. 1026, § 9.
An application for a collection service license shall be submitted on the form prescribed by the board and shall be accompanied by:
(1) A nonrefundable application fee as set by the board;
(2) A current personal or corporate financial statement prepared by a licensed public accountant or certified public accountant;
(3) (A) A surety bond executed by the applicant and a surety company authorized to do business in this state, made payable to the state of Tennessee. The amount of this surety bond shall be pro rated and based on the certified number of employees per collection agency as follows: (i) One to four (1-4) employees - fifteen thousand dollars ($15,000); (ii) Five to nine (5-9) employees - twenty thousand dollars ($20,000); (iii) Ten (10) or more employees - twenty-five thousand dollars ($25,000); or (iv) Instead of the bond, a certificate of deposit in the sums as outlined in this subdivision (3)(A), which shall be assigned to the board; (B) The bond or assignment of certificate of deposit shall be conditioned that the applicant shall faithfully and truly perform all agreements entered into with its clients accounting for the net proceeds of all collections in accordance with this chapter; and
(A) A surety bond executed by the applicant and a surety company authorized to do business in this state, made payable to the state of Tennessee. The amount of this surety bond shall be pro rated and based on the certified number of employees per collection agency as follows: (i) One to four (1-4) employees - fifteen thousand dollars ($15,000); (ii) Five to nine (5-9) employees - twenty thousand dollars ($20,000); (iii) Ten (10) or more employees - twenty-five thousand dollars ($25,000); or (iv) Instead of the bond, a certificate of deposit in the sums as outlined in this subdivision (3)(A), which shall be assigned to the board;
(i) One to four (1-4) employees - fifteen thousand dollars ($15,000);
(ii) Five to nine (5-9) employees - twenty thousand dollars ($20,000);
(iii) Ten (10) or more employees - twenty-five thousand dollars ($25,000); or
(iv) Instead of the bond, a certificate of deposit in the sums as outlined in this subdivision (3)(A), which shall be assigned to the board;
(B) The bond or assignment of certificate of deposit shall be conditioned that the applicant shall faithfully and truly perform all agreements entered into with its clients accounting for the net proceeds of all collections in accordance with this chapter; and
(4) Any other relevant information and documentation that may be requested by the board to determine whether the applicant meets the requirements for initial licensure as set forth in § 62-20-107 .
Amended by 2015 Tenn. Acts, ch. 291, s 9, eff. 4/24/2015.
Acts 1981, ch. 170, § 6; 1988, ch. 823, § 7; 1989, ch. 523, § 166; 1990, ch. 1026, § 9.
Tenn. Code Ann. § 62-6-308 — TN Code / Title 62 / Chapter 6 / Section 62-6-308
Disciplinary powers of commissioner
Status: in_force

(a) The commissioner may take disciplinary action against a licensee or applicant, deny an application for a license, assess a civil penalty of up to one thousand dollars ($1,000) per violation, or may suspend, revoke, or refuse to issue or renew a license when a licensee performs or attempts to perform any of the following acts: (1) Accepting or offering commissions or allowances, directly or indirectly, from or to parties other than the client, unless fully disclosed to the client in writing; (2) Performing or offering to perform repair or maintenance work on a property the licensee has inspected in the preceding twelve (12) months; (3) Using a home inspection with the intention to obtain work in another field or profession; (4) Accepting compensation, financial or otherwise, from more than one (1) interested party for the same service without the consent of all interested parties; (5) Failing to disclose to the client any financial interest or any relationship that may affect the client's interest; (6) Disclosing information concerning the results of a home inspection without the approval of the client or the client's legal representative, except under a court order; (7) Knowingly making a false or misleading representation about: (A) The condition of a residential dwelling for which the licensee has performed or has contracted to perform a home inspection; or (B) The extent of the services the licensee has performed or will perform; (8) Committing a felony offense that bears directly on the person's fitness to practice competently, as determined by the commissioner. However, an action taken under this subdivision (a)(8) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title; (9) Violating any provisions of this part or rules promulgated by the commissioner under this part; (10) Making a false or misleading representation: (A) In a license or renewal application form; or (B) In information provided to the commissioner; (11) Failing to pay any fees or fines required by this part; (12) Failing to continuously maintain the insurance required by this part; (13) Communicating to the public false or misleading information about the type of license held by the licensee; (14) Engaging in a course of lewd or immoral conduct in connection with the delivery of services to clients; or (15) Failing to complete the continuing education requirements established by the commissioner. (b) The commissioner is authorized to issue citations against persons engaging in or conducting the business or acting in the capacity of a home inspector as defined in this part without a license in violation of § 62-6-304 . The commissioner shall promulgate rules and regulations to specify those conditions necessary to the issuance of a citation and the range of penalties for violations of this part. Each citation shall: (1) Be in writing and shall describe with particularity the basis for the citation; and (2) Contain an order to cease all violations of this part and an assessment of a civil penalty in an amount not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000) per violation. (c) The sanctions authorized pursuant to this part shall be in addition to any other remedies, civil and criminal, available to any person harmed by a violation of this part. (d) The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, governs all matters and procedures respecting the hearing and judicial review of any contested case arising under this part. Amended by 2018 Tenn. Acts, ch. 745, s 7, eff. 7/1/2018. Amended by 2017 Tenn. Acts, ch. 226, s 4, eff. 7/1/2017. Acts 2005, ch. 65, § 9.
(a) The commissioner may take disciplinary action against a licensee or applicant, deny an application for a license, assess a civil penalty of up to one thousand dollars ($1,000) per violation, or may suspend, revoke, or refuse to issue or renew a license when a licensee performs or attempts to perform any of the following acts: (1) Accepting or offering commissions or allowances, directly or indirectly, from or to parties other than the client, unless fully disclosed to the client in writing; (2) Performing or offering to perform repair or maintenance work on a property the licensee has inspected in the preceding twelve (12) months; (3) Using a home inspection with the intention to obtain work in another field or profession; (4) Accepting compensation, financial or otherwise, from more than one (1) interested party for the same service without the consent of all interested parties; (5) Failing to disclose to the client any financial interest or any relationship that may affect the client's interest; (6) Disclosing information concerning the results of a home inspection without the approval of the client or the client's legal representative, except under a court order; (7) Knowingly making a false or misleading representation about: (A) The condition of a residential dwelling for which the licensee has performed or has contracted to perform a home inspection; or (B) The extent of the services the licensee has performed or will perform; (8) Committing a felony offense that bears directly on the person's fitness to practice competently, as determined by the commissioner. However, an action taken under this subdivision (a)(8) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title; (9) Violating any provisions of this part or rules promulgated by the commissioner under this part; (10) Making a false or misleading representation: (A) In a license or renewal application form; or (B) In information provided to the commissioner; (11) Failing to pay any fees or fines required by this part; (12) Failing to continuously maintain the insurance required by this part; (13) Communicating to the public false or misleading information about the type of license held by the licensee; (14) Engaging in a course of lewd or immoral conduct in connection with the delivery of services to clients; or (15) Failing to complete the continuing education requirements established by the commissioner.
(1) Accepting or offering commissions or allowances, directly or indirectly, from or to parties other than the client, unless fully disclosed to the client in writing;
(2) Performing or offering to perform repair or maintenance work on a property the licensee has inspected in the preceding twelve (12) months;
(3) Using a home inspection with the intention to obtain work in another field or profession;
(4) Accepting compensation, financial or otherwise, from more than one (1) interested party for the same service without the consent of all interested parties;
(5) Failing to disclose to the client any financial interest or any relationship that may affect the client's interest;
(6) Disclosing information concerning the results of a home inspection without the approval of the client or the client's legal representative, except under a court order;
(7) Knowingly making a false or misleading representation about: (A) The condition of a residential dwelling for which the licensee has performed or has contracted to perform a home inspection; or (B) The extent of the services the licensee has performed or will perform;
(A) The condition of a residential dwelling for which the licensee has performed or has contracted to perform a home inspection; or
(B) The extent of the services the licensee has performed or will perform;
(8) Committing a felony offense that bears directly on the person's fitness to practice competently, as determined by the commissioner. However, an action taken under this subdivision (a)(8) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title;
(9) Violating any provisions of this part or rules promulgated by the commissioner under this part;
(10) Making a false or misleading representation: (A) In a license or renewal application form; or (B) In information provided to the commissioner;
(A) In a license or renewal application form; or
(B) In information provided to the commissioner;
(11) Failing to pay any fees or fines required by this part;
(12) Failing to continuously maintain the insurance required by this part;
(13) Communicating to the public false or misleading information about the type of license held by the licensee;
(14) Engaging in a course of lewd or immoral conduct in connection with the delivery of services to clients; or
(15) Failing to complete the continuing education requirements established by the commissioner.
(b) The commissioner is authorized to issue citations against persons engaging in or conducting the business or acting in the capacity of a home inspector as defined in this part without a license in violation of § 62-6-304 . The commissioner shall promulgate rules and regulations to specify those conditions necessary to the issuance of a citation and the range of penalties for violations of this part. Each citation shall: (1) Be in writing and shall describe with particularity the basis for the citation; and (2) Contain an order to cease all violations of this part and an assessment of a civil penalty in an amount not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000) per violation.
(1) Be in writing and shall describe with particularity the basis for the citation; and
(2) Contain an order to cease all violations of this part and an assessment of a civil penalty in an amount not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000) per violation.
(c) The sanctions authorized pursuant to this part shall be in addition to any other remedies, civil and criminal, available to any person harmed by a violation of this part.
(d) The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, governs all matters and procedures respecting the hearing and judicial review of any contested case arising under this part.
Amended by 2018 Tenn. Acts, ch. 745, s 7, eff. 7/1/2018.
Amended by 2017 Tenn. Acts, ch. 226, s 4, eff. 7/1/2017.
Acts 2005, ch. 65, § 9.
Tenn. Code Ann. § 62-20-112 — TN Code / Title 62 / Chapter 20 / Section 62-20-112
Expiration and renewal of licenses
Status: in_force

(a) All licenses or identification cards shall expire the last day of the twenty-fourth month from issuance or renewal. (b) Application for renewal of a collection service license shall be submitted to the board prior to the expiration date and shall be accompanied by: (1) A fee as set by the board; (2) Evidence of renewal of the bond or certificate of deposit under the terms required by this chapter; (3) A current balance sheet prepared by a licensed public accountant or certified public accountant; and (4) Proof that all taxes that are applicable to the collection service licensee and that are then due and payable have been paid. (c) All licenses shall be subject to late renewal for a period of sixty (60) days following their expiration date by payment of the prescribed fee plus a penalty as set by the board. Amended by 2013 Tenn. Acts, ch. 180, s 8, eff. 4/23/2013. Acts 1981, ch. 170, § 12; 1985, ch. 354, § 15; 1988, ch. 823, §§19-23; 1989, ch. 360, § 11; 1989, ch. 523, §§ 171-173; 1990, ch. 1026, §43; 2008 , ch. 1038, § 3.
(a) All licenses or identification cards shall expire the last day of the twenty-fourth month from issuance or renewal.
(b) Application for renewal of a collection service license shall be submitted to the board prior to the expiration date and shall be accompanied by: (1) A fee as set by the board; (2) Evidence of renewal of the bond or certificate of deposit under the terms required by this chapter; (3) A current balance sheet prepared by a licensed public accountant or certified public accountant; and (4) Proof that all taxes that are applicable to the collection service licensee and that are then due and payable have been paid.
(1) A fee as set by the board;
(2) Evidence of renewal of the bond or certificate of deposit under the terms required by this chapter;
(3) A current balance sheet prepared by a licensed public accountant or certified public accountant; and
(4) Proof that all taxes that are applicable to the collection service licensee and that are then due and payable have been paid.
(c) All licenses shall be subject to late renewal for a period of sixty (60) days following their expiration date by payment of the prescribed fee plus a penalty as set by the board.
Amended by 2013 Tenn. Acts, ch. 180, s 8, eff. 4/23/2013.
Acts 1981, ch. 170, § 12; 1985, ch. 354, § 15; 1988, ch. 823, §§19-23; 1989, ch. 360, § 11; 1989, ch. 523, §§ 171-173; 1990, ch. 1026, §43; 2008 , ch. 1038, § 3.
Tenn. Code Ann. § 62-5-201 — TN Code / Title 62 / Chapter 5 / Section 62-5-201
Creation - Appointment and terms of members
Status: in_force

(a) There is created a state board to be known and designated as the board of funeral directors and embalmers for this state. The board shall consist of seven (7) members who shall possess good moral character, shall be residents of the state and shall be appointed by the governor. Four (4) of the members shall be licensed as both funeral directors and embalmers and two (2) of the members shall be licensed as funeral directors, embalmers, or both, all of whom shall possess a minimum of five (5) consecutive years' experience in this state immediately preceding their appointment. At least one (1) member may be appointed from lists of qualified nominees submitted by interested funeral director and embalmer groups including, but not limited to, the Tennessee Funeral Directors Association. At least one (1) member may be appointed from lists of qualified nominees submitted by interested funeral director and mortician groups including, but not limited to, the Tennessee State Funeral Directors and Morticians Association. The governor shall consult with such interested groups to determine qualified persons to fill the positions. One (1) of the seven (7) members serving on the board shall be a person who is not engaged in the business of a funeral director or embalmer or otherwise commercially associated with any funeral establishment. There shall be at least two (2) members but no more than three (3) members from each grand division. In making appointments to the board, the governor shall strive to ensure that at least one (1) person serving on the board is sixty (60) years of age or older and that at least one (1) person serving on the board is a member of a racial minority. (b) On January 1 of each year, the governor shall appoint a person who shall serve as a member of the board for a period of four (4) years or until a successor is appointed and qualified. It is the purpose of this section that at least one (1) member shall retire from the board at the end of each year, thereby creating a rotating board. (c) A member of the board shall not be eligible for at least one (1) term for reappointment to membership on the board. (d) Vacancies occurring on the board shall be filled in accordance with this section for the balance of the unexpired term. Amended by 2015 Tenn. Acts, ch. 161,s 1, eff. 4/16/2015. Acts 1951, ch. 13, § 3 (Williams, § 7140.3); Acts 1959, ch. 314, § 1; 1980, ch. 554, § 3; T.C.A. (orig. ed.), § 62-502; Acts 1988, ch. 1013, § 29; 1991, ch. 284, § 1; 2012, ch. 694, § 1.
(a) There is created a state board to be known and designated as the board of funeral directors and embalmers for this state. The board shall consist of seven (7) members who shall possess good moral character, shall be residents of the state and shall be appointed by the governor. Four (4) of the members shall be licensed as both funeral directors and embalmers and two (2) of the members shall be licensed as funeral directors, embalmers, or both, all of whom shall possess a minimum of five (5) consecutive years' experience in this state immediately preceding their appointment. At least one (1) member may be appointed from lists of qualified nominees submitted by interested funeral director and embalmer groups including, but not limited to, the Tennessee Funeral Directors Association. At least one (1) member may be appointed from lists of qualified nominees submitted by interested funeral director and mortician groups including, but not limited to, the Tennessee State Funeral Directors and Morticians Association. The governor shall consult with such interested groups to determine qualified persons to fill the positions. One (1) of the seven (7) members serving on the board shall be a person who is not engaged in the business of a funeral director or embalmer or otherwise commercially associated with any funeral establishment. There shall be at least two (2) members but no more than three (3) members from each grand division. In making appointments to the board, the governor shall strive to ensure that at least one (1) person serving on the board is sixty (60) years of age or older and that at least one (1) person serving on the board is a member of a racial minority.
(b) On January 1 of each year, the governor shall appoint a person who shall serve as a member of the board for a period of four (4) years or until a successor is appointed and qualified. It is the purpose of this section that at least one (1) member shall retire from the board at the end of each year, thereby creating a rotating board.
(c) A member of the board shall not be eligible for at least one (1) term for reappointment to membership on the board.
(d) Vacancies occurring on the board shall be filled in accordance with this section for the balance of the unexpired term.
Amended by 2015 Tenn. Acts, ch. 161,s 1, eff. 4/16/2015.
Acts 1951, ch. 13, § 3 (Williams, § 7140.3); Acts 1959, ch. 314, § 1; 1980, ch. 554, § 3; T.C.A. (orig. ed.), § 62-502; Acts 1988, ch. 1013, § 29; 1991, ch. 284, § 1; 2012, ch. 694, § 1.
Tenn. Code Ann. § 62-5-502 — TN Code / Title 62 / Chapter 5 / Section 62-5-502
Cremation of fetal remains
Status: in_force

(a) An operator of a crematory facility shall not: (1) Cremate fetal remains without receiving a copy of a properly executed form described in § 39-15-219(m)(1)(C) ; (2) Dispose of cremated fetal remains by a means other than one (1) of the following: (A) Placing the cremated fetal remains in a grave, crypt, or niche; (B) Scattering the cremated fetal remains in a dignified manner, including in a memorial garden, at sea, by air, or at a lawful scattering ground; (C) Releasing the cremated fetal remains to the woman who obtained an abortion or a party designated by the woman; or (D) Any other lawful manner; (3) Arrange for the disposal of cremated fetal remains by a means other than the methods described in subdivision (a)(2); or (4) Arrange for the transfer of the cremated fetal remains for disposal by a means other than the means described in subdivision (a)(2). (b) An operator of a crematory facility is not required to secure a death certificate, burial permit, transportation permit, or a cremation authorization form to cremate fetal remains. Added by 2021 Tenn. Acts, ch. 348, s 2, eff. 5/6/2021.
(a) An operator of a crematory facility shall not: (1) Cremate fetal remains without receiving a copy of a properly executed form described in § 39-15-219(m)(1)(C) ; (2) Dispose of cremated fetal remains by a means other than one (1) of the following: (A) Placing the cremated fetal remains in a grave, crypt, or niche; (B) Scattering the cremated fetal remains in a dignified manner, including in a memorial garden, at sea, by air, or at a lawful scattering ground; (C) Releasing the cremated fetal remains to the woman who obtained an abortion or a party designated by the woman; or (D) Any other lawful manner; (3) Arrange for the disposal of cremated fetal remains by a means other than the methods described in subdivision (a)(2); or (4) Arrange for the transfer of the cremated fetal remains for disposal by a means other than the means described in subdivision (a)(2).
(1) Cremate fetal remains without receiving a copy of a properly executed form described in § 39-15-219(m)(1)(C) ;
(2) Dispose of cremated fetal remains by a means other than one (1) of the following: (A) Placing the cremated fetal remains in a grave, crypt, or niche; (B) Scattering the cremated fetal remains in a dignified manner, including in a memorial garden, at sea, by air, or at a lawful scattering ground; (C) Releasing the cremated fetal remains to the woman who obtained an abortion or a party designated by the woman; or (D) Any other lawful manner;
(A) Placing the cremated fetal remains in a grave, crypt, or niche;
(B) Scattering the cremated fetal remains in a dignified manner, including in a memorial garden, at sea, by air, or at a lawful scattering ground;
(C) Releasing the cremated fetal remains to the woman who obtained an abortion or a party designated by the woman; or
(D) Any other lawful manner;
(3) Arrange for the disposal of cremated fetal remains by a means other than the methods described in subdivision (a)(2); or
(4) Arrange for the transfer of the cremated fetal remains for disposal by a means other than the means described in subdivision (a)(2).
(b) An operator of a crematory facility is not required to secure a death certificate, burial permit, transportation permit, or a cremation authorization form to cremate fetal remains.
Added by 2021 Tenn. Acts, ch. 348, s 2, eff. 5/6/2021.
Tenn. Code Ann. § 62-18-215 — TN Code / Title 62 / Chapter 18 / Section 62-18-215
Code of ethics
Status: in_force

The commissioner shall promulgate a code of professional ethics that shall be made known in writing to every licensee and applicant for licensure under this part. The department may revise and amend this code of professional ethics from time to time and shall forthwith notify each licensee in writing of such revision or amendments. Acts 2010, ch. 1032, § 16.
The commissioner shall promulgate a code of professional ethics that shall be made known in writing to every licensee and applicant for licensure under this part. The department may revise and amend this code of professional ethics from time to time and shall forthwith notify each licensee in writing of such revision or amendments.
Acts 2010, ch. 1032, § 16.
Tenn. Code Ann. § 62-38-212 — TN Code / Title 62 / Chapter 38 / Section 62-38-212
Possession of tattoo paraphernalia
Status: in_force

(a) For the purposes of this section, "tattoo paraphernalia" includes, but is not limited to, any equipment, design patterns or needles used or intended for use in tattooing, whether professionally made or homemade, with the intent to permanently mark or color the skin with any pigment, ink, or dye that leaves a visible scar on the skin. (b) (1) Except when used or possessed with the intent to use by a person licensed under this part, it is unlawful for any person to use, or to possess with intent to use, tattoo paraphernalia. (2) Any person who violates this subsection (b) commits a Class A misdemeanor. Acts 2012, ch. 981, § 6.
(a) For the purposes of this section, "tattoo paraphernalia" includes, but is not limited to, any equipment, design patterns or needles used or intended for use in tattooing, whether professionally made or homemade, with the intent to permanently mark or color the skin with any pigment, ink, or dye that leaves a visible scar on the skin.
(b) (1) Except when used or possessed with the intent to use by a person licensed under this part, it is unlawful for any person to use, or to possess with intent to use, tattoo paraphernalia. (2) Any person who violates this subsection (b) commits a Class A misdemeanor.
(1) Except when used or possessed with the intent to use by a person licensed under this part, it is unlawful for any person to use, or to possess with intent to use, tattoo paraphernalia.
(2) Any person who violates this subsection (b) commits a Class A misdemeanor.
Acts 2012, ch. 981, § 6.
Tenn. Code Ann. § 62-76-107 — TN Code / Title 62 / Chapter 76 / Section 62-76-107
Issuance of advisory private letter rulings - Effect of letter - Procedure for dispute resolution
Status: in_force

(a) All state entities and programs that are administratively attached to the division of regulatory boards must issue advisory private letter rulings to any affected person who is certified, licensed, or registered by such state entities or under such programs, as applicable, and who makes such a request regarding any matters within the state entities' or under such program's primary jurisdiction. The private letter ruling only affects the person making the inquiry and shall have no precedential value for any other inquiry or future contested case to come before the state entity or under such program. Any dispute regarding a private letter ruling may be resolved pursuant to the declaratory order provisions of § 4-5-223 if the board chooses to do so. The division of regulatory boards may prescribe a fee for the issuance of an advisory private letter ruling by rule promulgated in accordance with subsection (b). (b) The commissioner of commerce and insurance shall promulgate rules to effectuate this section. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Added by 2024 Tenn. Acts, ch. 944,s 1, eff. 7/1/2024.
(a) All state entities and programs that are administratively attached to the division of regulatory boards must issue advisory private letter rulings to any affected person who is certified, licensed, or registered by such state entities or under such programs, as applicable, and who makes such a request regarding any matters within the state entities' or under such program's primary jurisdiction. The private letter ruling only affects the person making the inquiry and shall have no precedential value for any other inquiry or future contested case to come before the state entity or under such program. Any dispute regarding a private letter ruling may be resolved pursuant to the declaratory order provisions of § 4-5-223 if the board chooses to do so. The division of regulatory boards may prescribe a fee for the issuance of an advisory private letter ruling by rule promulgated in accordance with subsection (b).
(b) The commissioner of commerce and insurance shall promulgate rules to effectuate this section. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Added by 2024 Tenn. Acts, ch. 944,s 1, eff. 7/1/2024.
Tenn. Code Ann. § 62-6-510 — TN Code / Title 62 / Chapter 6 / Section 62-6-510
Prohibited acts
Status: in_force

The following acts are prohibited: (1) Abandonment or willful failure to perform, without justification, any home improvement contract or project engaged in or undertaken by a contractor or willful deviation from or disregard of plans or specifications in any material respect without the consent of the owners; (2) Making any substantial misrepresentation in the procurement of a home improvement contract or making any false promise of character likely to influence, persuade or induce; (3) Any fraud in the execution of, or in the material alteration of, any contract, mortgage, promissory note or other document incident to a home improvement transaction; (4) Preparing or accepting any mortgage, promissory note or other evidence of indebtedness upon the obligations of a home improvement transaction with knowledge that it recites a greater monetary obligation than the agreed consideration for the home improvement work; (5) Willful or deliberate disregard and violation of the building, sanitary and health laws of this state or of any political subdivision of this state or of the safety, labor, or workers' compensation insurance laws of this state; (6) Misrepresentation of a material fact by an applicant in obtaining or attempting to obtain a license; (7) Failure to notify the board of any change of control in ownership, management or business name or location; (8) Conducting a home improvement business in any name other than the one in which the contractor is licensed; (9) Advertising in any manner that a licensee is licensed pursuant to this part, unless the advertisement includes an accurate reference to the appropriate current license number consisting of and limited to a form as prescribed by the board; (10) Failure to comply with any order, demand or requirement lawfully made by the board pursuant to and within the authority of this part; (11) The demand for or the receipt of any payments prior to the signing of a home improvement contract; (12) Receipt at or before the time of execution of a contract of a deposit of more than one third (1/3) of the contract price, unless: (A) The home improvement contract allows for the home improvement contractor to furnish a performance and payment bond, lien and completion bond or bond equivalent covering full performance and completion of the home improvement contract and the bond is furnished by the home improvement contractor; provided, that the amount of the bond or bond equivalent is not less than one percent (1%) of the net sales of the home improvement contractor's home improvement business with respect to the home improvement labor to be determined on an annual basis at January 1 of each year; or (B) After being fully advised by the contractor in writing of the right to withhold final payment up to one hundred percent (100%) of payment before completion of the project, the owner elects to make final payment to the home improvement contractor for the project before completion for the owner's convenience or the parties agree on a schedule of payments to be made before, during and after completion of the project; (13) Failure to obtain the necessary permits as required by any local jurisdiction; (14) Making false or deceptive representations in any advertisement or solicitation for services or products that the services or products have sponsorship, approval, affiliation or connection with a bank, savings and loan association, savings bank or subsidiary or affiliate of a bank, savings and loan association or savings bank; (15) Using the name or logo of any bank, savings and loan association, savings bank or subsidiary or affiliate of a bank, savings and loan association or savings bank, without the express written consent of the person whose name is used; and (16) (A) (i) Having a controlling ownership interest in the lender providing a mortgage loan for home improvement for the work being performed by the home improvement contractor; (ii) Accepting anything of value for the referral of a borrower to the lender; or (iii) Being a cosigner or acting as a guarantor for a mortgage loan for home improvement; (B) As used in subdivision (16)(A), "mortgage loan for home improvement" shall have the same meaning as defined in § 45-13-403(c) . Acts 2007 , ch. 460, § 2.
The following acts are prohibited:
(1) Abandonment or willful failure to perform, without justification, any home improvement contract or project engaged in or undertaken by a contractor or willful deviation from or disregard of plans or specifications in any material respect without the consent of the owners;
(2) Making any substantial misrepresentation in the procurement of a home improvement contract or making any false promise of character likely to influence, persuade or induce;
(3) Any fraud in the execution of, or in the material alteration of, any contract, mortgage, promissory note or other document incident to a home improvement transaction;
(4) Preparing or accepting any mortgage, promissory note or other evidence of indebtedness upon the obligations of a home improvement transaction with knowledge that it recites a greater monetary obligation than the agreed consideration for the home improvement work;
(5) Willful or deliberate disregard and violation of the building, sanitary and health laws of this state or of any political subdivision of this state or of the safety, labor, or workers' compensation insurance laws of this state;
(6) Misrepresentation of a material fact by an applicant in obtaining or attempting to obtain a license;
(7) Failure to notify the board of any change of control in ownership, management or business name or location;
(8) Conducting a home improvement business in any name other than the one in which the contractor is licensed;
(9) Advertising in any manner that a licensee is licensed pursuant to this part, unless the advertisement includes an accurate reference to the appropriate current license number consisting of and limited to a form as prescribed by the board;
(10) Failure to comply with any order, demand or requirement lawfully made by the board pursuant to and within the authority of this part;
(11) The demand for or the receipt of any payments prior to the signing of a home improvement contract;
(12) Receipt at or before the time of execution of a contract of a deposit of more than one third (1/3) of the contract price, unless: (A) The home improvement contract allows for the home improvement contractor to furnish a performance and payment bond, lien and completion bond or bond equivalent covering full performance and completion of the home improvement contract and the bond is furnished by the home improvement contractor; provided, that the amount of the bond or bond equivalent is not less than one percent (1%) of the net sales of the home improvement contractor's home improvement business with respect to the home improvement labor to be determined on an annual basis at January 1 of each year; or (B) After being fully advised by the contractor in writing of the right to withhold final payment up to one hundred percent (100%) of payment before completion of the project, the owner elects to make final payment to the home improvement contractor for the project before completion for the owner's convenience or the parties agree on a schedule of payments to be made before, during and after completion of the project;
(A) The home improvement contract allows for the home improvement contractor to furnish a performance and payment bond, lien and completion bond or bond equivalent covering full performance and completion of the home improvement contract and the bond is furnished by the home improvement contractor; provided, that the amount of the bond or bond equivalent is not less than one percent (1%) of the net sales of the home improvement contractor's home improvement business with respect to the home improvement labor to be determined on an annual basis at January 1 of each year; or
(B) After being fully advised by the contractor in writing of the right to withhold final payment up to one hundred percent (100%) of payment before completion of the project, the owner elects to make final payment to the home improvement contractor for the project before completion for the owner's convenience or the parties agree on a schedule of payments to be made before, during and after completion of the project;
(13) Failure to obtain the necessary permits as required by any local jurisdiction;
(14) Making false or deceptive representations in any advertisement or solicitation for services or products that the services or products have sponsorship, approval, affiliation or connection with a bank, savings and loan association, savings bank or subsidiary or affiliate of a bank, savings and loan association or savings bank;
(15) Using the name or logo of any bank, savings and loan association, savings bank or subsidiary or affiliate of a bank, savings and loan association or savings bank, without the express written consent of the person whose name is used; and
(16) (A) (i) Having a controlling ownership interest in the lender providing a mortgage loan for home improvement for the work being performed by the home improvement contractor; (ii) Accepting anything of value for the referral of a borrower to the lender; or (iii) Being a cosigner or acting as a guarantor for a mortgage loan for home improvement; (B) As used in subdivision (16)(A), "mortgage loan for home improvement" shall have the same meaning as defined in § 45-13-403(c) .
(A) (i) Having a controlling ownership interest in the lender providing a mortgage loan for home improvement for the work being performed by the home improvement contractor; (ii) Accepting anything of value for the referral of a borrower to the lender; or (iii) Being a cosigner or acting as a guarantor for a mortgage loan for home improvement;
(i) Having a controlling ownership interest in the lender providing a mortgage loan for home improvement for the work being performed by the home improvement contractor;
(ii) Accepting anything of value for the referral of a borrower to the lender; or
(iii) Being a cosigner or acting as a guarantor for a mortgage loan for home improvement;
(B) As used in subdivision (16)(A), "mortgage loan for home improvement" shall have the same meaning as defined in § 45-13-403(c) .
Acts 2007 , ch. 460, § 2.
Tenn. Code Ann. § 62-4-203 — TN Code / Title 62 / Chapter 4 / Section 62-4-203
Cosmetology Licensure Compact - Purpose
Status: in_force

(a) The purpose of this compact is to facilitate the interstate practice and regulation of cosmetology with the goal of improving public access to, and the safety of, cosmetology services and reducing unnecessary burdens related to cosmetology licensure. Through this compact, the member states seek to establish a regulatory framework that provides for a new multistate licensing program. Through this new licensing program, the member states seek to provide increased value and mobility to licensed cosmetologists in the member states, while ensuring the provision of safe, effective, and reliable services to the public. (b) This compact is designed to achieve the following objectives, and the member states hereby ratify the same intentions by subscribing hereto: (1) Provide opportunities for interstate practice by cosmetologists who meet uniform requirements for multistate licensure; (2) Enhance the abilities of member states to protect public health and safety, and prevent fraud and unlicensed activity within the profession; (3) Ensure and encourage cooperation between member states in the licensure and regulation of the practice of cosmetology; (4) Support relocating military members and their spouses; (5) Facilitate the exchange of information between member states related to the licensure, investigation, and discipline of the practice of cosmetology; and (6) Provide for the licensure and mobility of the workforce in the profession, while addressing the shortage of workers and lessening the associated burdens on the member states. Added by 2024 Tenn. Acts, ch. 1060,s 1, eff. 7/1/2024.
(a) The purpose of this compact is to facilitate the interstate practice and regulation of cosmetology with the goal of improving public access to, and the safety of, cosmetology services and reducing unnecessary burdens related to cosmetology licensure. Through this compact, the member states seek to establish a regulatory framework that provides for a new multistate licensing program. Through this new licensing program, the member states seek to provide increased value and mobility to licensed cosmetologists in the member states, while ensuring the provision of safe, effective, and reliable services to the public.
(b) This compact is designed to achieve the following objectives, and the member states hereby ratify the same intentions by subscribing hereto: (1) Provide opportunities for interstate practice by cosmetologists who meet uniform requirements for multistate licensure; (2) Enhance the abilities of member states to protect public health and safety, and prevent fraud and unlicensed activity within the profession; (3) Ensure and encourage cooperation between member states in the licensure and regulation of the practice of cosmetology; (4) Support relocating military members and their spouses; (5) Facilitate the exchange of information between member states related to the licensure, investigation, and discipline of the practice of cosmetology; and (6) Provide for the licensure and mobility of the workforce in the profession, while addressing the shortage of workers and lessening the associated burdens on the member states.
(1) Provide opportunities for interstate practice by cosmetologists who meet uniform requirements for multistate licensure;
(2) Enhance the abilities of member states to protect public health and safety, and prevent fraud and unlicensed activity within the profession;
(3) Ensure and encourage cooperation between member states in the licensure and regulation of the practice of cosmetology;
(4) Support relocating military members and their spouses;
(5) Facilitate the exchange of information between member states related to the licensure, investigation, and discipline of the practice of cosmetology; and
(6) Provide for the licensure and mobility of the workforce in the profession, while addressing the shortage of workers and lessening the associated burdens on the member states.
Added by 2024 Tenn. Acts, ch. 1060,s 1, eff. 7/1/2024.
Tenn. Code Ann. § 62-21-114 — TN Code / Title 62 / Chapter 21 / Section 62-21-114
Termite service contracts
Status: in_force

(a) (1) Every chartered person shall enter into a written contract for any service rendered in the category of wood destroying organisms. (2) A separate contract must be given for each structure or building; provided, that an industrial complex or group of buildings may be covered by a single contract when it is an integral part of one (1) industrial unit. (3) A garage, pump house or other outbuilding commonly a part of a residential establishment may be covered by the same contract as that covering the residence itself; provided, that the garages, pump houses or other outbuildings are not used as separate residential units. (4) An apartment complex cannot be construed to be an industrial complex. (b) (1) No person or business entity may enter into an agreement to provide services for termite prevention, control or a termite warranty without initial treatment unless properly chartered as a commercial pest control operator pursuant to § 62-21-103 . (2) (A) Notwithstanding this chapter or any other law to the contrary, a chartered commercial pest control operator may enter into an agreement to provide ongoing services for a termite warranty without initial treatment for any structure or building regardless of any initial chemical application for prevention or control of termites of any such structure or building. (B) Any agreement for a termite warranty without initial treatment shall clearly state in one-half inch (1/2") high letters on the front of the agreement if a damage repair guarantee is not offered. A violation of this subdivision (b)(2)(B) constitutes a violation of the Tennessee Consumer Protection Act, compiled in title 47, chapter 18, part 1. (3) Prior to entering into a termite warranty without initial treatment agreement with any person or entity under this subsection (b), the chartered commercial pest control operator must conduct an initial inspection and issue an initial report that includes: (A) A graph or diagram of the property where any visible damage or infestation, if any, is located; (B) A written description of the type of damage, if any; and (C) The date of the initial inspection report. (4) The commissioner shall, subject to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, promulgate all necessary rules and regulations, consistent with this chapter. Rules promulgated to implement this subsection (b) shall regulate the commercial pest control industry and provide for the protection of the consumer. Acts 1978, ch. 844, § 14; T.C.A., § 62-2114; Acts 1991, ch. 441, § 5; 1994, ch. 960, § 12; 2009 , ch. 363, § 2.
(a) (1) Every chartered person shall enter into a written contract for any service rendered in the category of wood destroying organisms. (2) A separate contract must be given for each structure or building; provided, that an industrial complex or group of buildings may be covered by a single contract when it is an integral part of one (1) industrial unit. (3) A garage, pump house or other outbuilding commonly a part of a residential establishment may be covered by the same contract as that covering the residence itself; provided, that the garages, pump houses or other outbuildings are not used as separate residential units. (4) An apartment complex cannot be construed to be an industrial complex.
(1) Every chartered person shall enter into a written contract for any service rendered in the category of wood destroying organisms.
(2) A separate contract must be given for each structure or building; provided, that an industrial complex or group of buildings may be covered by a single contract when it is an integral part of one (1) industrial unit.
(3) A garage, pump house or other outbuilding commonly a part of a residential establishment may be covered by the same contract as that covering the residence itself; provided, that the garages, pump houses or other outbuildings are not used as separate residential units.
(4) An apartment complex cannot be construed to be an industrial complex.
(b) (1) No person or business entity may enter into an agreement to provide services for termite prevention, control or a termite warranty without initial treatment unless properly chartered as a commercial pest control operator pursuant to § 62-21-103 . (2) (A) Notwithstanding this chapter or any other law to the contrary, a chartered commercial pest control operator may enter into an agreement to provide ongoing services for a termite warranty without initial treatment for any structure or building regardless of any initial chemical application for prevention or control of termites of any such structure or building. (B) Any agreement for a termite warranty without initial treatment shall clearly state in one-half inch (1/2") high letters on the front of the agreement if a damage repair guarantee is not offered. A violation of this subdivision (b)(2)(B) constitutes a violation of the Tennessee Consumer Protection Act, compiled in title 47, chapter 18, part 1. (3) Prior to entering into a termite warranty without initial treatment agreement with any person or entity under this subsection (b), the chartered commercial pest control operator must conduct an initial inspection and issue an initial report that includes: (A) A graph or diagram of the property where any visible damage or infestation, if any, is located; (B) A written description of the type of damage, if any; and (C) The date of the initial inspection report. (4) The commissioner shall, subject to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, promulgate all necessary rules and regulations, consistent with this chapter. Rules promulgated to implement this subsection (b) shall regulate the commercial pest control industry and provide for the protection of the consumer.
(1) No person or business entity may enter into an agreement to provide services for termite prevention, control or a termite warranty without initial treatment unless properly chartered as a commercial pest control operator pursuant to § 62-21-103 .
(2) (A) Notwithstanding this chapter or any other law to the contrary, a chartered commercial pest control operator may enter into an agreement to provide ongoing services for a termite warranty without initial treatment for any structure or building regardless of any initial chemical application for prevention or control of termites of any such structure or building. (B) Any agreement for a termite warranty without initial treatment shall clearly state in one-half inch (1/2") high letters on the front of the agreement if a damage repair guarantee is not offered. A violation of this subdivision (b)(2)(B) constitutes a violation of the Tennessee Consumer Protection Act, compiled in title 47, chapter 18, part 1.
(A) Notwithstanding this chapter or any other law to the contrary, a chartered commercial pest control operator may enter into an agreement to provide ongoing services for a termite warranty without initial treatment for any structure or building regardless of any initial chemical application for prevention or control of termites of any such structure or building.
(B) Any agreement for a termite warranty without initial treatment shall clearly state in one-half inch (1/2") high letters on the front of the agreement if a damage repair guarantee is not offered. A violation of this subdivision (b)(2)(B) constitutes a violation of the Tennessee Consumer Protection Act, compiled in title 47, chapter 18, part 1.
(3) Prior to entering into a termite warranty without initial treatment agreement with any person or entity under this subsection (b), the chartered commercial pest control operator must conduct an initial inspection and issue an initial report that includes: (A) A graph or diagram of the property where any visible damage or infestation, if any, is located; (B) A written description of the type of damage, if any; and (C) The date of the initial inspection report.
(A) A graph or diagram of the property where any visible damage or infestation, if any, is located;
(B) A written description of the type of damage, if any; and
(C) The date of the initial inspection report.
(4) The commissioner shall, subject to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, promulgate all necessary rules and regulations, consistent with this chapter. Rules promulgated to implement this subsection (b) shall regulate the commercial pest control industry and provide for the protection of the consumer.
Acts 1978, ch. 844, § 14; T.C.A., § 62-2114; Acts 1991, ch. 441, § 5; 1994, ch. 960, § 12; 2009 , ch. 363, § 2.
Tenn. Code Ann. § 62-9-115 — TN Code / Title 62 / Chapter 9 / Section 62-9-115
Notification of business of buying or selling unattached catalytic converters - Registration as scrap metal dealer - Restrictions on purchase or acquisition - Shipping - Authorization to possess or sell - Offense - Fine
Status: in_force

(a) Any person engaged in the business of buying or selling unattached catalytic converters as a single item and not as part of a scrapped motor vehicle shall give written notification to the chief of police and sheriff of each city and county in which the activity is carried on. (b) Any person purchasing a used, detached catalytic converter must be registered as a scrap metal dealer pursuant to § 62-9-102 . (c) This section does not apply to a used, detached catalytic converter that has been tested, certified, and labeled, or otherwise approved for reuse, and being bought or sold for purposes of reuse, in accordance with the federal Clean Air Act ( 42 U.S.C. §§ 7401 et seq.) and regulations under the Clean Air Act, as they may, from time to time, be amended. (d) A scrap metal dealer shall not purchase or otherwise acquire a used, detached catalytic converter, or any nonferrous metal part of such converter unless: (1) The used, detached catalytic converter is purchased at the fixed site of the scrap metal dealer in an in-person transaction; or (2) The scrap metal dealer: (A) Maintains a fixed site; (B) Obtains, verifies, and maintains all identification and documentation required by §§ 62-9-103 and 62-9-104 ; and (C) Obtains and maintains a copy of the seller's license or a copy of the documentation and vehicle registration. (e) A used, detached catalytic converter or any part of such converter must not be shipped, unless the converter or part of such converter is being shipped between licensed entities. (f) A scrap metal dealer shall note in the scrap metal dealer's records any obvious markings on the used, detached catalytic converter, including paint, labels, and engravings, that would aid in the identification of such catalytic converter. (g) Only the following persons who provide notice pursuant to subsection (a) may possess or sell used, detached catalytic converters: (1) A motor vehicle dismantler and recycler required to be licensed pursuant to § 55-17-109 ; (2) A scrap metal dealer registered pursuant to § 62-9-102 ; (3) A licensed motor vehicle dealer; (4) A licensed mechanic or licensed automotive repair facility; (5) Any other licensed business that may reasonably generate, possess, or sell used, detached catalytic converters; or (6) An individual who possesses documentation indicating that the catalytic converter in the individual's possession is the result of a replacement of a catalytic converter from a vehicle registered in that individual's name. (h) (1) A person commits an offense who possesses a used, detached catalytic converter that the person did not have authorization to possess under subsection (g). Such person is presumed to be in possession of contraband, subject to seizure by a member of a state or local law enforcement agency and subject to forfeiture in the same manner as is provided by law for the forfeiture of other contraband items. (2) A violation of subdivision (h)(1) is a Class A misdemeanor, punishable only by fine. Each unlawfully obtained or possessed used, detached catalytic converter subjects the person to a separate charge for each violation. The seller of a used, detached catalytic converter that has been stolen is also liable to the victim for the repair and replacement of the catalytic converter as may be ordered by the court or as otherwise provided by law. (i) Notwithstanding this section to the contrary, this section does not prohibit a motor vehicle dismantler and recycler that is properly licensed pursuant to § 55-17-109 , or a registered scrap metal dealer, from transporting and selling used, detached catalytic converters to a processor, smelter, or refiner, for the recovery of the contained metals or other components in the converters. Added by 2021 Tenn. Acts, ch. 213, s 1, eff. 7/1/2021.
(a) Any person engaged in the business of buying or selling unattached catalytic converters as a single item and not as part of a scrapped motor vehicle shall give written notification to the chief of police and sheriff of each city and county in which the activity is carried on.
(b) Any person purchasing a used, detached catalytic converter must be registered as a scrap metal dealer pursuant to § 62-9-102 .
(c) This section does not apply to a used, detached catalytic converter that has been tested, certified, and labeled, or otherwise approved for reuse, and being bought or sold for purposes of reuse, in accordance with the federal Clean Air Act ( 42 U.S.C. §§ 7401 et seq.) and regulations under the Clean Air Act, as they may, from time to time, be amended.
(d) A scrap metal dealer shall not purchase or otherwise acquire a used, detached catalytic converter, or any nonferrous metal part of such converter unless: (1) The used, detached catalytic converter is purchased at the fixed site of the scrap metal dealer in an in-person transaction; or (2) The scrap metal dealer: (A) Maintains a fixed site; (B) Obtains, verifies, and maintains all identification and documentation required by §§ 62-9-103 and 62-9-104 ; and (C) Obtains and maintains a copy of the seller's license or a copy of the documentation and vehicle registration.
(1) The used, detached catalytic converter is purchased at the fixed site of the scrap metal dealer in an in-person transaction; or
(2) The scrap metal dealer: (A) Maintains a fixed site; (B) Obtains, verifies, and maintains all identification and documentation required by §§ 62-9-103 and 62-9-104 ; and (C) Obtains and maintains a copy of the seller's license or a copy of the documentation and vehicle registration.
(A) Maintains a fixed site;
(B) Obtains, verifies, and maintains all identification and documentation required by §§ 62-9-103 and 62-9-104 ; and
(C) Obtains and maintains a copy of the seller's license or a copy of the documentation and vehicle registration.
(e) A used, detached catalytic converter or any part of such converter must not be shipped, unless the converter or part of such converter is being shipped between licensed entities.
(f) A scrap metal dealer shall note in the scrap metal dealer's records any obvious markings on the used, detached catalytic converter, including paint, labels, and engravings, that would aid in the identification of such catalytic converter.
(g) Only the following persons who provide notice pursuant to subsection (a) may possess or sell used, detached catalytic converters: (1) A motor vehicle dismantler and recycler required to be licensed pursuant to § 55-17-109 ; (2) A scrap metal dealer registered pursuant to § 62-9-102 ; (3) A licensed motor vehicle dealer; (4) A licensed mechanic or licensed automotive repair facility; (5) Any other licensed business that may reasonably generate, possess, or sell used, detached catalytic converters; or (6) An individual who possesses documentation indicating that the catalytic converter in the individual's possession is the result of a replacement of a catalytic converter from a vehicle registered in that individual's name.
(1) A motor vehicle dismantler and recycler required to be licensed pursuant to § 55-17-109 ;
(2) A scrap metal dealer registered pursuant to § 62-9-102 ;
(3) A licensed motor vehicle dealer;
(4) A licensed mechanic or licensed automotive repair facility;
(5) Any other licensed business that may reasonably generate, possess, or sell used, detached catalytic converters; or
(6) An individual who possesses documentation indicating that the catalytic converter in the individual's possession is the result of a replacement of a catalytic converter from a vehicle registered in that individual's name.
(h) (1) A person commits an offense who possesses a used, detached catalytic converter that the person did not have authorization to possess under subsection (g). Such person is presumed to be in possession of contraband, subject to seizure by a member of a state or local law enforcement agency and subject to forfeiture in the same manner as is provided by law for the forfeiture of other contraband items. (2) A violation of subdivision (h)(1) is a Class A misdemeanor, punishable only by fine. Each unlawfully obtained or possessed used, detached catalytic converter subjects the person to a separate charge for each violation. The seller of a used, detached catalytic converter that has been stolen is also liable to the victim for the repair and replacement of the catalytic converter as may be ordered by the court or as otherwise provided by law.
(1) A person commits an offense who possesses a used, detached catalytic converter that the person did not have authorization to possess under subsection (g). Such person is presumed to be in possession of contraband, subject to seizure by a member of a state or local law enforcement agency and subject to forfeiture in the same manner as is provided by law for the forfeiture of other contraband items.
(2) A violation of subdivision (h)(1) is a Class A misdemeanor, punishable only by fine. Each unlawfully obtained or possessed used, detached catalytic converter subjects the person to a separate charge for each violation. The seller of a used, detached catalytic converter that has been stolen is also liable to the victim for the repair and replacement of the catalytic converter as may be ordered by the court or as otherwise provided by law.
(i) Notwithstanding this section to the contrary, this section does not prohibit a motor vehicle dismantler and recycler that is properly licensed pursuant to § 55-17-109 , or a registered scrap metal dealer, from transporting and selling used, detached catalytic converters to a processor, smelter, or refiner, for the recovery of the contained metals or other components in the converters.
Added by 2021 Tenn. Acts, ch. 213, s 1, eff. 7/1/2021.
Tenn. Code Ann. § 62-39-302 — TN Code / Title 62 / Chapter 39 / Section 62-39-302
Authorization to appraise certain types of real estate - Licensed appraiser - Certified residential appraiser - Certified general appraiser
Status: in_force

(a) A state licensed appraiser may perform appraisals of the following properties: (1) All properties with a transaction value of up to two hundred fifty thousand dollars ($250,000); (2) Noncomplex residential properties with a transaction value up to, but not including, one million dollars ($1,000,000); and (3) Agricultural properties, including agricultural properties with up to two (2) dwelling units, with a value up to, but not including, one million dollars ($1,000,000). (b) A state certified residential appraiser shall be authorized to appraise all properties that a state licensed appraiser may appraise and also all residential real property consisting of one (1) to four (4) units. (c) A state certified general appraiser shall have no transaction value limits on the appraiser's appraisal practice. (d) Nothing contained within the language of this section shall be construed to authorize a state licensed appraiser to appraise property that federal agencies require to be appraised by a state certified appraiser. Acts 1990, ch. 865, § 11; 1991, ch. 366, § 12; 1992, ch. 702, § 3.
(a) A state licensed appraiser may perform appraisals of the following properties: (1) All properties with a transaction value of up to two hundred fifty thousand dollars ($250,000); (2) Noncomplex residential properties with a transaction value up to, but not including, one million dollars ($1,000,000); and (3) Agricultural properties, including agricultural properties with up to two (2) dwelling units, with a value up to, but not including, one million dollars ($1,000,000).
(1) All properties with a transaction value of up to two hundred fifty thousand dollars ($250,000);
(2) Noncomplex residential properties with a transaction value up to, but not including, one million dollars ($1,000,000); and
(3) Agricultural properties, including agricultural properties with up to two (2) dwelling units, with a value up to, but not including, one million dollars ($1,000,000).
(b) A state certified residential appraiser shall be authorized to appraise all properties that a state licensed appraiser may appraise and also all residential real property consisting of one (1) to four (4) units.
(c) A state certified general appraiser shall have no transaction value limits on the appraiser's appraisal practice.
(d) Nothing contained within the language of this section shall be construed to authorize a state licensed appraiser to appraise property that federal agencies require to be appraised by a state certified appraiser.
Acts 1990, ch. 865, § 11; 1991, ch. 366, § 12; 1992, ch. 702, § 3.
Tenn. Code Ann. § 62-3-133 — TN Code / Title 62 / Chapter 3 / Section 62-3-133
Provisions governing hearings and judicial review
Status: in_force

The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, governs all matters and procedures respecting the hearing and judicial review of any contested case arising under this chapter. Acts 1980, ch. 451, § 11; T.C.A., § 62-336.
The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, governs all matters and procedures respecting the hearing and judicial review of any contested case arising under this chapter.
Acts 1980, ch. 451, § 11; T.C.A., § 62-336.
Tenn. Code Ann. § 62-18-124 — TN Code / Title 62 / Chapter 18 / Section 62-18-124
Right-of-entry - Liability - Notice to landowners - Injunctions
Status: in_force

(a) A professional land surveyor, the professional land surveyor's agents, employees and personnel under the professional land surveyor's supervision, may go on, over and upon the lands of others when necessary to perform surveys for the location of property corners, boundary lines, rights-of-way and easements, and, in so doing, may carry with them their customary equipment and vehicles. (b) A professional land surveyor, the professional land surveyor's agents, employees and personnel under the professional land surveyor's supervision entering the lands of others under the right granted by subsection (a), and doing no unnecessary injury, are liable only for the actual damage done, and, if sued in such case, the plaintiff shall recover only as much costs as damages. (c) Nothing in this section shall be construed as giving authority to a professional land surveyor, the professional land surveyor's agents, employees or personnel under the professional land surveyor's supervision to destroy, injure, damage or move anything on the lands of another without the written permission of the landowner, and nothing in this section shall be construed as removing civil liability for such damage. (d) A licensed land surveyor during the conduct of a boundary survey where there is discovered, or reasonably should have been discovered, any major apparent discrepancy as defined by the board between the deed descriptions of adjoiners, evidence of use or possession not consistent with deed descriptions or otherwise has notice that there is an adverse claim across a boundary, shall notify the affected adjoiners. Notice to nonresident or absentee owners will be by mail to the current address used for mailing property tax notices. In cases in which the landowner does not reside on the property, reasonable effort shall mean notification by certified mail. (e) No owner or occupant of the land shall be liable for any injury or damage sustained by any person entering upon the land under this section. (f) Injunctive relief may be had against a landowner restricting entry to the landowner's land in violation of this section by petition addressed to the circuit or chancery court of the division in which the violation is alleged to have occurred. Acts 1984, ch. 934, §§ 2-5; 2000, ch. 930, § 1.
(a) A professional land surveyor, the professional land surveyor's agents, employees and personnel under the professional land surveyor's supervision, may go on, over and upon the lands of others when necessary to perform surveys for the location of property corners, boundary lines, rights-of-way and easements, and, in so doing, may carry with them their customary equipment and vehicles.
(b) A professional land surveyor, the professional land surveyor's agents, employees and personnel under the professional land surveyor's supervision entering the lands of others under the right granted by subsection (a), and doing no unnecessary injury, are liable only for the actual damage done, and, if sued in such case, the plaintiff shall recover only as much costs as damages.
(c) Nothing in this section shall be construed as giving authority to a professional land surveyor, the professional land surveyor's agents, employees or personnel under the professional land surveyor's supervision to destroy, injure, damage or move anything on the lands of another without the written permission of the landowner, and nothing in this section shall be construed as removing civil liability for such damage.
(d) A licensed land surveyor during the conduct of a boundary survey where there is discovered, or reasonably should have been discovered, any major apparent discrepancy as defined by the board between the deed descriptions of adjoiners, evidence of use or possession not consistent with deed descriptions or otherwise has notice that there is an adverse claim across a boundary, shall notify the affected adjoiners. Notice to nonresident or absentee owners will be by mail to the current address used for mailing property tax notices. In cases in which the landowner does not reside on the property, reasonable effort shall mean notification by certified mail.
(e) No owner or occupant of the land shall be liable for any injury or damage sustained by any person entering upon the land under this section.
(f) Injunctive relief may be had against a landowner restricting entry to the landowner's land in violation of this section by petition addressed to the circuit or chancery court of the division in which the violation is alleged to have occurred.
Acts 1984, ch. 934, §§ 2-5; 2000, ch. 930, § 1.
Tenn. Code Ann. § 62-32-307 — TN Code / Title 62 / Chapter 32 / Section 62-32-307
Powers and duties of commissioner - Registration of persons employed by alarm systems contractors - Reciprocal agreements
Status: in_force

(a) In accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, the commissioner shall promulgate rules that may be reasonably necessary to implement and administer this part in an efficient and effective manner, including rules to require submission of reports and information by certified companies, licensees and registrants under this part. (b) The commissioner has the power to establish fees under § 62-32-318 sufficient to pay the annual expenses of administering this part. (c) The commissioner shall determine minimum qualifications or establish minimum education, experience and training standards for applicants for certifications and licenses under this part, including those required for renewal. (d) All persons employed by an alarm systems contractor shall apply for registration with the commissioner within thirty (30) days after employment and shall submit to a background check conducted by the commissioner, including investigation by the Tennessee bureau of investigation and the federal bureau of investigation. (e) The commissioner shall conduct investigations regarding alleged violations and make evaluations as may be necessary to determine if certified companies, licensees and registrants under this part are complying with this part. The commissioner may also investigate allegations regarding possible violations of this part by unregistered persons and shall seek enforcement under § 62-32-320 . (f) The commissioner may investigate allegations regarding improper, inadequate or ineffective alarm system installations and seek enforcement under § 62-32-320 . (g) The commissioner has the power to promulgate rules and regulations not inconsistent with the laws of this state that it deems necessary for internal management and control. (h) The commissioner shall investigate and approve applicants to be certified, licensed or registered according to this part. (i) The commissioner may deny, suspend or revoke any certification, license or registration issued or to be issued under this part to any applicant or licensee who fails to satisfy the requirements of this part or the rules and bylaws established by the commissioner. (j) The commissioner may issue subpoenas to compel the attendance of witnesses and the production of pertinent books, accounts, records and documents. (k) The commissioner may enter into reciprocal agreements with other states whose laws are similar to this part; provided, that the other state's law provides for liability insurance coverage, background checks, educational or experience requirements equal to or greater than those contained in this part. The commissioner through regulations shall establish registration and fee requirements for such reciprocity. The fees shall be equal to or no less than those fees paid by Tennessee alarm contractors. (l) The commissioner shall provide a procedure for the renewal of registrations issued under this part. Amended by 2021 Tenn. Acts, ch. 294, s 23, eff. 7/1/2021. Acts 1991, ch. 400, § 7; 1996, ch. 848, §§ 6-8, 14.
(a) In accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, the commissioner shall promulgate rules that may be reasonably necessary to implement and administer this part in an efficient and effective manner, including rules to require submission of reports and information by certified companies, licensees and registrants under this part.
(b) The commissioner has the power to establish fees under § 62-32-318 sufficient to pay the annual expenses of administering this part.
(c) The commissioner shall determine minimum qualifications or establish minimum education, experience and training standards for applicants for certifications and licenses under this part, including those required for renewal.
(d) All persons employed by an alarm systems contractor shall apply for registration with the commissioner within thirty (30) days after employment and shall submit to a background check conducted by the commissioner, including investigation by the Tennessee bureau of investigation and the federal bureau of investigation.
(e) The commissioner shall conduct investigations regarding alleged violations and make evaluations as may be necessary to determine if certified companies, licensees and registrants under this part are complying with this part. The commissioner may also investigate allegations regarding possible violations of this part by unregistered persons and shall seek enforcement under § 62-32-320 .
(f) The commissioner may investigate allegations regarding improper, inadequate or ineffective alarm system installations and seek enforcement under § 62-32-320 .
(g) The commissioner has the power to promulgate rules and regulations not inconsistent with the laws of this state that it deems necessary for internal management and control.
(h) The commissioner shall investigate and approve applicants to be certified, licensed or registered according to this part.
(i) The commissioner may deny, suspend or revoke any certification, license or registration issued or to be issued under this part to any applicant or licensee who fails to satisfy the requirements of this part or the rules and bylaws established by the commissioner.
(j) The commissioner may issue subpoenas to compel the attendance of witnesses and the production of pertinent books, accounts, records and documents.
(k) The commissioner may enter into reciprocal agreements with other states whose laws are similar to this part; provided, that the other state's law provides for liability insurance coverage, background checks, educational or experience requirements equal to or greater than those contained in this part. The commissioner through regulations shall establish registration and fee requirements for such reciprocity. The fees shall be equal to or no less than those fees paid by Tennessee alarm contractors.
(l) The commissioner shall provide a procedure for the renewal of registrations issued under this part.
Amended by 2021 Tenn. Acts, ch. 294, s 23, eff. 7/1/2021.
Acts 1991, ch. 400, § 7; 1996, ch. 848, §§ 6-8, 14.
Tenn. Code Ann. § 62-3-108 — TN Code / Title 62 / Chapter 3 / Section 62-3-108
Persons exempt
Status: in_force

The following persons are exempt from this chapter while in the proper discharge of their professional duties: (1) Persons authorized by the law of this state to practice medicine and surgery; (2) Commissioned medical or surgical officers of the United States army, navy, air force or marine hospital service; (3) Registered nurses; (4) Duly registered cosmetologists operating in accordance with chapter 4 of this title; and (5) Any person whose occupation or practice is confined solely to shampooing, as defined in § 62-4-102 . Amended by 2017 Tenn. Acts, ch. 227, s 1, eff. 4/28/2017. Acts 1929, ch. 118, § 4; mod. Code 1932, § 7121; modified; Acts 1975, ch. 146, §3; T.C.A. (orig. ed.), § 62-308; Acts 1986, ch. 921, § 4.
The following persons are exempt from this chapter while in the proper discharge of their professional duties:
(1) Persons authorized by the law of this state to practice medicine and surgery;
(2) Commissioned medical or surgical officers of the United States army, navy, air force or marine hospital service;
(3) Registered nurses;
(4) Duly registered cosmetologists operating in accordance with chapter 4 of this title; and
(5) Any person whose occupation or practice is confined solely to shampooing, as defined in § 62-4-102 .
Amended by 2017 Tenn. Acts, ch. 227, s 1, eff. 4/28/2017.
Acts 1929, ch. 118, § 4; mod. Code 1932, § 7121; modified; Acts 1975, ch. 146, §3; T.C.A. (orig. ed.), § 62-308; Acts 1986, ch. 921, § 4.
Tenn. Code Ann. § 62-76-103 — TN Code / Title 62 / Chapter 76 / Section 62-76-103
Freedom to Prosper Act
Status: in_force

(a) This section shall be known and may be cited as the "Freedom to Prosper Act." (b) Notwithstanding any provision of law to the contrary, on and after July 1, 2017, no political subdivision may: (1) Impose a licensing requirement on an individual's profession, trade, or occupation if the profession, trade, or occupation is subject to state licensing requirements unless the political subdivision imposed the licensing requirement prior to July 1, 2017; or (2) Expand or increase any licensing requirement on an individual's profession, trade, or occupation if the licensing requirement existed prior to July 1, 2017, and the profession, trade, or occupation is subject to state licensing requirements. (c) The prohibitions set out in subsection (b) do not apply to licensing requirements on or any other regulation of law enforcement officers, firefighters, emergency medical service providers, emergency rescue management providers, or any other type of first responder or emergency service provider. Added by 2017 Tenn. Acts, ch. 332,s 1, eff. 7/1/2017.
(a) This section shall be known and may be cited as the "Freedom to Prosper Act."
(b) Notwithstanding any provision of law to the contrary, on and after July 1, 2017, no political subdivision may: (1) Impose a licensing requirement on an individual's profession, trade, or occupation if the profession, trade, or occupation is subject to state licensing requirements unless the political subdivision imposed the licensing requirement prior to July 1, 2017; or (2) Expand or increase any licensing requirement on an individual's profession, trade, or occupation if the licensing requirement existed prior to July 1, 2017, and the profession, trade, or occupation is subject to state licensing requirements.
(1) Impose a licensing requirement on an individual's profession, trade, or occupation if the profession, trade, or occupation is subject to state licensing requirements unless the political subdivision imposed the licensing requirement prior to July 1, 2017; or
(2) Expand or increase any licensing requirement on an individual's profession, trade, or occupation if the licensing requirement existed prior to July 1, 2017, and the profession, trade, or occupation is subject to state licensing requirements.
(c) The prohibitions set out in subsection (b) do not apply to licensing requirements on or any other regulation of law enforcement officers, firefighters, emergency medical service providers, emergency rescue management providers, or any other type of first responder or emergency service provider.
Added by 2017 Tenn. Acts, ch. 332,s 1, eff. 7/1/2017.
Tenn. Code Ann. § 62-20-124 — TN Code / Title 62 / Chapter 20 / Section 62-20-124
Conditions to assignment of accounts - Commencement of litigation - Application of payments
Status: in_force

(a) A collection service, holding a valid license under this chapter, may bill, collect or file suit in its own name, as the real party in interest, on any form of indebtedness, so long as the owner or holder of the indebtedness has assigned this limited right to the collection service licensee and the following conditions have been met: (1) The assignment was voluntary, properly executed and acknowledged by the person making the assignment to the collection service licensee; (2) The original agreement between the creditor and the debtor does not prohibit an assignment for the limited purpose of billing, collecting or filing suit in the assignee's own name, as the real party in interest; (3) The assignment was manifested by a written agreement stating the effective date of the assignment and any consideration given for the assignment. The written agreement must also disclose that the collection service licensee may, for purposes of litigation, consolidate the assigned account, bill, note or other form of indebtedness with those of other creditors against the individual debtor or codebtors; (4) The assignment to the collection service licensee does not transfer title or any ownership interest in the underlying account, bill, note or other form of indebtedness to the collection service licensee; and (5) A collection service licensee bringing suit in its own name as an assignee may submit an affidavit of sworn account that has been executed under oath by the assigning party or by a person qualified to execute a sworn account pursuant to § 24-5-107(a) . The licensee shall file a copy of the sworn account with the court for service upon the debtor. (b) A collection service licensee may commence litigation for the collection of an assigned account, bill, note or other indebtedness in a court of competent jurisdiction located in any of the following counties: (1) The county in which the debtor signed the account, bill, note or other indebtedness sued upon; (2) In the case of consolidated accounts that all arose from the same county, the county in which all of the consolidated accounts, bills, notes or other indebtednesses arose; or (3) The county in which the debtor resides at the commencement of the action. (c) No collection service licensee shall commence any litigation authorized by this section, unless the collection service licensee appears by an attorney admitted to practice law in this state. (d) (1) For purposes of commencing litigation, a collection service licensee that has taken an assignment or assignments pursuant to this section may consolidate the assigned accounts, bills, notes or other indebtedness of one (1) or more creditors against one (1) individual debtor or codebtors, in one (1) case. Each assigned account, bill, note or indebtedness must be separately identified and pled in any consolidated action authorized by this section. The individual amount of each account, bill, note or other indebtedness that forms the basis for any consolidated action shall not exceed two hundred dollars ($200) each, as identified and pled by the collection service licensee, exclusive of court costs, attorney fees and interest that may have accrued before the filing of the consolidated action. The aggregate amount of consolidated accounts, bills, notes and other indebtedness in any one (1) case shall not exceed five hundred dollars ($500), as identified and pled by the collection service licensee, exclusive of court costs, attorney fees and interest that may have accrued before the filing of the consolidated action. Court costs shall be assessed to the losing party. Interest, attorney fees and reimbursable expenses shall be assessed against the losing party, if provided in any of the consolidated accounts, bills, notes or other indebtedness or as otherwise permitted or required by law. (2) If a debtor or codebtor files a sworn denial or otherwise raises a dispute concerning any account, bill, note or other evidence of indebtedness, the court shall dismiss the account, bill, note or other evidence of indebtedness, without prejudice. The collection service licensee may bring a separate case for any such disputed account, bill, note or other evidence of indebtedness within one (1) year of dismissal; provided, however, that the disputed account, bill, note or other evidence of indebtedness cannot be consolidated with any other account, bill, note or other evidence of indebtedness. (3) For any account on which an affidavit of sworn account is filed pursuant to § 24-5-107(a) , a separate affidavit shall be filed for each account in a consolidated action. (e) Nothing in this section relieves a collection service licensee from complying with the Fair Debt Collection Practices Act ( 15 U.S.C. § 1692 ) or deprives any debtor of the right to assert defenses as provided in that act. (f) On the face of any warrant or other pleading filed in any consolidated action or in an attachment to the warrant or pleading, the collection service licensee shall state the order in which the creditor intends to apply payments received on any judgment obtained in the consolidated action. The collection service licensee shall also state that payments will be applied as stated unless the debtor instructs otherwise in writing or the court orders otherwise. Amended by 2014 Tenn. Acts, ch. 996,s 3, eff. 5/22/2014. Acts 2004, ch. 674, § 1.
(a) A collection service, holding a valid license under this chapter, may bill, collect or file suit in its own name, as the real party in interest, on any form of indebtedness, so long as the owner or holder of the indebtedness has assigned this limited right to the collection service licensee and the following conditions have been met: (1) The assignment was voluntary, properly executed and acknowledged by the person making the assignment to the collection service licensee; (2) The original agreement between the creditor and the debtor does not prohibit an assignment for the limited purpose of billing, collecting or filing suit in the assignee's own name, as the real party in interest; (3) The assignment was manifested by a written agreement stating the effective date of the assignment and any consideration given for the assignment. The written agreement must also disclose that the collection service licensee may, for purposes of litigation, consolidate the assigned account, bill, note or other form of indebtedness with those of other creditors against the individual debtor or codebtors; (4) The assignment to the collection service licensee does not transfer title or any ownership interest in the underlying account, bill, note or other form of indebtedness to the collection service licensee; and (5) A collection service licensee bringing suit in its own name as an assignee may submit an affidavit of sworn account that has been executed under oath by the assigning party or by a person qualified to execute a sworn account pursuant to § 24-5-107(a) . The licensee shall file a copy of the sworn account with the court for service upon the debtor.
(1) The assignment was voluntary, properly executed and acknowledged by the person making the assignment to the collection service licensee;
(2) The original agreement between the creditor and the debtor does not prohibit an assignment for the limited purpose of billing, collecting or filing suit in the assignee's own name, as the real party in interest;
(3) The assignment was manifested by a written agreement stating the effective date of the assignment and any consideration given for the assignment. The written agreement must also disclose that the collection service licensee may, for purposes of litigation, consolidate the assigned account, bill, note or other form of indebtedness with those of other creditors against the individual debtor or codebtors;
(4) The assignment to the collection service licensee does not transfer title or any ownership interest in the underlying account, bill, note or other form of indebtedness to the collection service licensee; and
(5) A collection service licensee bringing suit in its own name as an assignee may submit an affidavit of sworn account that has been executed under oath by the assigning party or by a person qualified to execute a sworn account pursuant to § 24-5-107(a) . The licensee shall file a copy of the sworn account with the court for service upon the debtor.
(b) A collection service licensee may commence litigation for the collection of an assigned account, bill, note or other indebtedness in a court of competent jurisdiction located in any of the following counties: (1) The county in which the debtor signed the account, bill, note or other indebtedness sued upon; (2) In the case of consolidated accounts that all arose from the same county, the county in which all of the consolidated accounts, bills, notes or other indebtednesses arose; or (3) The county in which the debtor resides at the commencement of the action.
(1) The county in which the debtor signed the account, bill, note or other indebtedness sued upon;
(2) In the case of consolidated accounts that all arose from the same county, the county in which all of the consolidated accounts, bills, notes or other indebtednesses arose; or
(3) The county in which the debtor resides at the commencement of the action.
(c) No collection service licensee shall commence any litigation authorized by this section, unless the collection service licensee appears by an attorney admitted to practice law in this state.
(d) (1) For purposes of commencing litigation, a collection service licensee that has taken an assignment or assignments pursuant to this section may consolidate the assigned accounts, bills, notes or other indebtedness of one (1) or more creditors against one (1) individual debtor or codebtors, in one (1) case. Each assigned account, bill, note or indebtedness must be separately identified and pled in any consolidated action authorized by this section. The individual amount of each account, bill, note or other indebtedness that forms the basis for any consolidated action shall not exceed two hundred dollars ($200) each, as identified and pled by the collection service licensee, exclusive of court costs, attorney fees and interest that may have accrued before the filing of the consolidated action. The aggregate amount of consolidated accounts, bills, notes and other indebtedness in any one (1) case shall not exceed five hundred dollars ($500), as identified and pled by the collection service licensee, exclusive of court costs, attorney fees and interest that may have accrued before the filing of the consolidated action. Court costs shall be assessed to the losing party. Interest, attorney fees and reimbursable expenses shall be assessed against the losing party, if provided in any of the consolidated accounts, bills, notes or other indebtedness or as otherwise permitted or required by law. (2) If a debtor or codebtor files a sworn denial or otherwise raises a dispute concerning any account, bill, note or other evidence of indebtedness, the court shall dismiss the account, bill, note or other evidence of indebtedness, without prejudice. The collection service licensee may bring a separate case for any such disputed account, bill, note or other evidence of indebtedness within one (1) year of dismissal; provided, however, that the disputed account, bill, note or other evidence of indebtedness cannot be consolidated with any other account, bill, note or other evidence of indebtedness. (3) For any account on which an affidavit of sworn account is filed pursuant to § 24-5-107(a) , a separate affidavit shall be filed for each account in a consolidated action.
(1) For purposes of commencing litigation, a collection service licensee that has taken an assignment or assignments pursuant to this section may consolidate the assigned accounts, bills, notes or other indebtedness of one (1) or more creditors against one (1) individual debtor or codebtors, in one (1) case. Each assigned account, bill, note or indebtedness must be separately identified and pled in any consolidated action authorized by this section. The individual amount of each account, bill, note or other indebtedness that forms the basis for any consolidated action shall not exceed two hundred dollars ($200) each, as identified and pled by the collection service licensee, exclusive of court costs, attorney fees and interest that may have accrued before the filing of the consolidated action. The aggregate amount of consolidated accounts, bills, notes and other indebtedness in any one (1) case shall not exceed five hundred dollars ($500), as identified and pled by the collection service licensee, exclusive of court costs, attorney fees and interest that may have accrued before the filing of the consolidated action. Court costs shall be assessed to the losing party. Interest, attorney fees and reimbursable expenses shall be assessed against the losing party, if provided in any of the consolidated accounts, bills, notes or other indebtedness or as otherwise permitted or required by law.
(2) If a debtor or codebtor files a sworn denial or otherwise raises a dispute concerning any account, bill, note or other evidence of indebtedness, the court shall dismiss the account, bill, note or other evidence of indebtedness, without prejudice. The collection service licensee may bring a separate case for any such disputed account, bill, note or other evidence of indebtedness within one (1) year of dismissal; provided, however, that the disputed account, bill, note or other evidence of indebtedness cannot be consolidated with any other account, bill, note or other evidence of indebtedness.
(3) For any account on which an affidavit of sworn account is filed pursuant to § 24-5-107(a) , a separate affidavit shall be filed for each account in a consolidated action.
(e) Nothing in this section relieves a collection service licensee from complying with the Fair Debt Collection Practices Act ( 15 U.S.C. § 1692 ) or deprives any debtor of the right to assert defenses as provided in that act.
(f) On the face of any warrant or other pleading filed in any consolidated action or in an attachment to the warrant or pleading, the collection service licensee shall state the order in which the creditor intends to apply payments received on any judgment obtained in the consolidated action. The collection service licensee shall also state that payments will be applied as stated unless the debtor instructs otherwise in writing or the court orders otherwise.
Amended by 2014 Tenn. Acts, ch. 996,s 3, eff. 5/22/2014.
Acts 2004, ch. 674, § 1.
Tenn. Code Ann. § 62-5-414 — TN Code / Title 62 / Chapter 5 / Section 62-5-414
Appointment of receiver - Jurisdiction of court - Other legal remedies - Plan for reorganization, consolidation, conversion, merger or other transformation - Pre-need funeral consumer protection account - Pre-need funeral consumer protection fee
Status: in_force

(a) The Davidson County chancery court, upon the petition of the commissioner, may appoint the commissioner as receiver to take charge of, control and manage a pre-need seller upon one (1) or more of the following grounds: (1) The pre-need seller has not maintained trust funds received from contracts in the manner required by this part; (2) The pre-need seller has allowed its registration to lapse, or the registration has been revoked; (3) The pre-need seller is impaired or insolvent; (4) The pre-need seller has refused to submit its books, records, accounts, or affairs to examination by the commissioner; (5) There is reasonable cause to believe that there has been embezzlement, misappropriation, or other wrongful misapplication or use of trust funds or fraud affecting the ability of the pre-need seller to perform its obligations under pre-need funeral contracts sold or assumed by the pre-need seller; (6) The pre-need seller has failed to file its annual report; or (7) The pre-need seller cannot or will not be able to meet all of its contractual obligations when they come due. (b) For the purpose of this section, Davidson County chancery court shall have exclusive jurisdiction over matters brought under this section, and that court is authorized to make all necessary or appropriate orders to carry out the purposes of this part. (c) (1) Receivership proceedings instituted pursuant to this part shall constitute the sole and exclusive method of liquidating, rehabilitating, or conserving a pre-need seller, and no court shall entertain a petition for the commencement of the proceedings unless the petition has been filed in the name of the state on the relation of the commissioner. (2) The commissioner shall commence any such proceeding by application to the court for an order directing the pre-need seller to show cause why the commissioner should not have the relief prayed for in the application. (3) On the return of the order to show cause, and after a full hearing, the court shall either deny the application or grant the application, together with such other relief as the nature of the case and the interests of the prepaid contract purchaser, contract beneficiaries, or the public may require. (d) The commissioner may appoint one (1) or more special deputies, who have all the powers and responsibilities of the receiver granted under this section and the commissioner may employ such counsel, clerks and assistants as deemed necessary. The compensation of the special deputy, counsel, clerks and assistants, and all expenses of taking possession of the pre-need seller and of conducting the proceedings, shall be fixed by the commissioner, with the approval of the Davidson County chancery court, and shall be paid out of the funds or assets of the pre-need seller. The persons appointed under this subsection (d) shall serve at the pleasure of the commissioner. (e) The receiver may take such action as the receiver deems necessary or appropriate to reform and revitalize the pre-need seller. The receiver has all the powers of the owners and directors, whose authority shall be suspended, except as they are redelegated by the receiver. The receiver has full power to direct and manage, to hire and discharge any employees subject to any contractual rights they may have, and to deal with the property and business of the pre-need seller. (f) If it appears to the receiver that there has been criminal or tortious conduct, or breach of any contractual or fiduciary obligation detrimental to the pre-need seller by any owner, officer, director or other person, the receiver may pursue all appropriate legal remedies on behalf of the pre-need seller. (g) If the receiver determines that reorganization, consolidation, conversion, merger or other transformation of the pre-need seller is appropriate, the receiver shall prepare a plan to effect those changes. Upon application of the receiver for approval of the plan, and after such notice and hearings as the Davidson County chancery court may prescribe, the court may either approve or disapprove the plan proposed, or may modify it and approve it as modified. Any plan approved under this section shall be, in the judgment of the court, fair and equitable to all parties concerned. If the plan is approved, the receiver shall carry out the plan. (h) (1) There is established within the general fund a pre-need funeral state administrative fund referred to as the "pre-need funeral account". Funds received by the commissioner under this section must be deposited into the pre-need funeral account and: (A) Held solely for the purposes related to the pre-need registration program and any receivership action initiated by the commissioner against a pre-need seller pursuant to this section; and (B) Used to fund the pre-need registration program and any receivership action initiated by the commissioner against a pre-need seller to the extent the funds or assets of the pre-need seller are not adequate to fund the receivership. (2) The state treasurer shall, on the effective date of this act, transfer all funds in the indigent burial fund created by the version of § 62-5-414(h) in effect as of December 31, 2024, to the pre-need funeral account. (3) If the balance of the account drops below two million dollars ($2,000,000) as of June 30 of any year, then the state administrative fee pursuant to subsection (j) increases to twenty dollars ($20.00) on the following January 1. If, after the administrative fee has increased to twenty dollars ($20.00), the balance of the account is two million five hundred thousand dollars ($2,500,000) or greater as of June 30 of any year, then the fee reverts to ten dollars ($10.00) on the following January 1. (4) Interest accruing on investments and deposits of the fund must be credited to the account, must not revert to the general fund, and must be carried forward into each subsequent fiscal year. (i) Moneys within the pre-need funeral account must be invested by the state treasurer in accordance with § 9-4-603 for the sole benefit of the pre-need funeral account. (j) A pre-need registration renewal must not be issued unless the applicant pays, in addition to the renewal fee, a pre-need state administrative fee of ten dollars ($10.00) for every pre-need funeral sales contract entered into during the preceding renewal period and the state administrative fee may be charged to the consumer as part of the transaction. If the pre-need funeral sales contract covers both funeral merchandise and cemetery merchandise as defined in § 46-1-102 , then a pre-need seller, other than a cemetery company paying a consumer protection fee for such a contract pursuant to § 46-1-105 , shall pay only one (1) state administrative fee for the contract, which must be credited to the pre-need funeral account. A pre-need seller shall not charge a consumer more than one (1) state administrative fee for the execution of one (1) or more pre-need funeral sales contracts entered into by the consumer at any one (1) time. (k) There is no liability on the part of, and a cause of action of any nature must not arise against, the commissioner or the department or its employees or agents for any action taken by them in the performance of their power and duties under this section. (l) [Deleted by 2024 amendment.] Amended by 2024 Tenn. Acts, ch. 959,s 1, eff. 1/1/2025. Amended by 2016 Tenn. Acts, ch. 911, s 10, eff. 4/27/2016. Acts 2007 , ch. 592, § 15; 2010 , ch. 933, § 1.
(a) The Davidson County chancery court, upon the petition of the commissioner, may appoint the commissioner as receiver to take charge of, control and manage a pre-need seller upon one (1) or more of the following grounds: (1) The pre-need seller has not maintained trust funds received from contracts in the manner required by this part; (2) The pre-need seller has allowed its registration to lapse, or the registration has been revoked; (3) The pre-need seller is impaired or insolvent; (4) The pre-need seller has refused to submit its books, records, accounts, or affairs to examination by the commissioner; (5) There is reasonable cause to believe that there has been embezzlement, misappropriation, or other wrongful misapplication or use of trust funds or fraud affecting the ability of the pre-need seller to perform its obligations under pre-need funeral contracts sold or assumed by the pre-need seller; (6) The pre-need seller has failed to file its annual report; or (7) The pre-need seller cannot or will not be able to meet all of its contractual obligations when they come due.
(1) The pre-need seller has not maintained trust funds received from contracts in the manner required by this part;
(2) The pre-need seller has allowed its registration to lapse, or the registration has been revoked;
(3) The pre-need seller is impaired or insolvent;
(4) The pre-need seller has refused to submit its books, records, accounts, or affairs to examination by the commissioner;
(5) There is reasonable cause to believe that there has been embezzlement, misappropriation, or other wrongful misapplication or use of trust funds or fraud affecting the ability of the pre-need seller to perform its obligations under pre-need funeral contracts sold or assumed by the pre-need seller;
(6) The pre-need seller has failed to file its annual report; or
(7) The pre-need seller cannot or will not be able to meet all of its contractual obligations when they come due.
(b) For the purpose of this section, Davidson County chancery court shall have exclusive jurisdiction over matters brought under this section, and that court is authorized to make all necessary or appropriate orders to carry out the purposes of this part.
(c) (1) Receivership proceedings instituted pursuant to this part shall constitute the sole and exclusive method of liquidating, rehabilitating, or conserving a pre-need seller, and no court shall entertain a petition for the commencement of the proceedings unless the petition has been filed in the name of the state on the relation of the commissioner. (2) The commissioner shall commence any such proceeding by application to the court for an order directing the pre-need seller to show cause why the commissioner should not have the relief prayed for in the application. (3) On the return of the order to show cause, and after a full hearing, the court shall either deny the application or grant the application, together with such other relief as the nature of the case and the interests of the prepaid contract purchaser, contract beneficiaries, or the public may require.
(1) Receivership proceedings instituted pursuant to this part shall constitute the sole and exclusive method of liquidating, rehabilitating, or conserving a pre-need seller, and no court shall entertain a petition for the commencement of the proceedings unless the petition has been filed in the name of the state on the relation of the commissioner.
(2) The commissioner shall commence any such proceeding by application to the court for an order directing the pre-need seller to show cause why the commissioner should not have the relief prayed for in the application.
(3) On the return of the order to show cause, and after a full hearing, the court shall either deny the application or grant the application, together with such other relief as the nature of the case and the interests of the prepaid contract purchaser, contract beneficiaries, or the public may require.
(d) The commissioner may appoint one (1) or more special deputies, who have all the powers and responsibilities of the receiver granted under this section and the commissioner may employ such counsel, clerks and assistants as deemed necessary. The compensation of the special deputy, counsel, clerks and assistants, and all expenses of taking possession of the pre-need seller and of conducting the proceedings, shall be fixed by the commissioner, with the approval of the Davidson County chancery court, and shall be paid out of the funds or assets of the pre-need seller. The persons appointed under this subsection (d) shall serve at the pleasure of the commissioner.
(e) The receiver may take such action as the receiver deems necessary or appropriate to reform and revitalize the pre-need seller. The receiver has all the powers of the owners and directors, whose authority shall be suspended, except as they are redelegated by the receiver. The receiver has full power to direct and manage, to hire and discharge any employees subject to any contractual rights they may have, and to deal with the property and business of the pre-need seller.
(f) If it appears to the receiver that there has been criminal or tortious conduct, or breach of any contractual or fiduciary obligation detrimental to the pre-need seller by any owner, officer, director or other person, the receiver may pursue all appropriate legal remedies on behalf of the pre-need seller.
(g) If the receiver determines that reorganization, consolidation, conversion, merger or other transformation of the pre-need seller is appropriate, the receiver shall prepare a plan to effect those changes. Upon application of the receiver for approval of the plan, and after such notice and hearings as the Davidson County chancery court may prescribe, the court may either approve or disapprove the plan proposed, or may modify it and approve it as modified. Any plan approved under this section shall be, in the judgment of the court, fair and equitable to all parties concerned. If the plan is approved, the receiver shall carry out the plan.
(h) (1) There is established within the general fund a pre-need funeral state administrative fund referred to as the "pre-need funeral account". Funds received by the commissioner under this section must be deposited into the pre-need funeral account and: (A) Held solely for the purposes related to the pre-need registration program and any receivership action initiated by the commissioner against a pre-need seller pursuant to this section; and (B) Used to fund the pre-need registration program and any receivership action initiated by the commissioner against a pre-need seller to the extent the funds or assets of the pre-need seller are not adequate to fund the receivership. (2) The state treasurer shall, on the effective date of this act, transfer all funds in the indigent burial fund created by the version of § 62-5-414(h) in effect as of December 31, 2024, to the pre-need funeral account. (3) If the balance of the account drops below two million dollars ($2,000,000) as of June 30 of any year, then the state administrative fee pursuant to subsection (j) increases to twenty dollars ($20.00) on the following January 1. If, after the administrative fee has increased to twenty dollars ($20.00), the balance of the account is two million five hundred thousand dollars ($2,500,000) or greater as of June 30 of any year, then the fee reverts to ten dollars ($10.00) on the following January 1. (4) Interest accruing on investments and deposits of the fund must be credited to the account, must not revert to the general fund, and must be carried forward into each subsequent fiscal year.
(1) There is established within the general fund a pre-need funeral state administrative fund referred to as the "pre-need funeral account". Funds received by the commissioner under this section must be deposited into the pre-need funeral account and: (A) Held solely for the purposes related to the pre-need registration program and any receivership action initiated by the commissioner against a pre-need seller pursuant to this section; and (B) Used to fund the pre-need registration program and any receivership action initiated by the commissioner against a pre-need seller to the extent the funds or assets of the pre-need seller are not adequate to fund the receivership.
(A) Held solely for the purposes related to the pre-need registration program and any receivership action initiated by the commissioner against a pre-need seller pursuant to this section; and
(B) Used to fund the pre-need registration program and any receivership action initiated by the commissioner against a pre-need seller to the extent the funds or assets of the pre-need seller are not adequate to fund the receivership.
(2) The state treasurer shall, on the effective date of this act, transfer all funds in the indigent burial fund created by the version of § 62-5-414(h) in effect as of December 31, 2024, to the pre-need funeral account.
(3) If the balance of the account drops below two million dollars ($2,000,000) as of June 30 of any year, then the state administrative fee pursuant to subsection (j) increases to twenty dollars ($20.00) on the following January 1. If, after the administrative fee has increased to twenty dollars ($20.00), the balance of the account is two million five hundred thousand dollars ($2,500,000) or greater as of June 30 of any year, then the fee reverts to ten dollars ($10.00) on the following January 1.
(4) Interest accruing on investments and deposits of the fund must be credited to the account, must not revert to the general fund, and must be carried forward into each subsequent fiscal year.
(i) Moneys within the pre-need funeral account must be invested by the state treasurer in accordance with § 9-4-603 for the sole benefit of the pre-need funeral account.
(j) A pre-need registration renewal must not be issued unless the applicant pays, in addition to the renewal fee, a pre-need state administrative fee of ten dollars ($10.00) for every pre-need funeral sales contract entered into during the preceding renewal period and the state administrative fee may be charged to the consumer as part of the transaction. If the pre-need funeral sales contract covers both funeral merchandise and cemetery merchandise as defined in § 46-1-102 , then a pre-need seller, other than a cemetery company paying a consumer protection fee for such a contract pursuant to § 46-1-105 , shall pay only one (1) state administrative fee for the contract, which must be credited to the pre-need funeral account. A pre-need seller shall not charge a consumer more than one (1) state administrative fee for the execution of one (1) or more pre-need funeral sales contracts entered into by the consumer at any one (1) time.
(k) There is no liability on the part of, and a cause of action of any nature must not arise against, the commissioner or the department or its employees or agents for any action taken by them in the performance of their power and duties under this section.
(l) [Deleted by 2024 amendment.]
Amended by 2024 Tenn. Acts, ch. 959,s 1, eff. 1/1/2025.
Amended by 2016 Tenn. Acts, ch. 911, s 10, eff. 4/27/2016.
Acts 2007 , ch. 592, § 15; 2010 , ch. 933, § 1.
Tenn. Code Ann. § 62-39-401 — TN Code / Title 62 / Chapter 39 / Section 62-39-401
Short title
Status: in_force

This part shall be known and may be cited as the "Tennessee Appraisal Management Company Registration and Regulation Act." Acts 2010, ch. 963, § 2.
This part shall be known and may be cited as the "Tennessee Appraisal Management Company Registration and Regulation Act."
Acts 2010, ch. 963, § 2.
Tenn. Code Ann. § 62-36-109 — TN Code / Title 62 / Chapter 36 / Section 62-36-109
Minimum qualifications
Status: in_force

(a) To be eligible for a certificate of licensure, an applicant shall meet each of the following minimum qualifications: (1) Be a graduate of an accredited college or university. The applicant shall have successfully completed a minimum of thirty (30) semester or forty-five (45) quarter hours of course work in geology, geophysics, geochemistry, engineering geology or their subdivisions. The department may waive the academic requirements for a person who is a geologist; provided, that application for licensure is made no later than January 1, 2009, and the applicant can provide evidence to satisfy the department that the applicant is competent to practice geology; (2) Have at least five (5) years of geological education and professional experience. Any combination of the following kinds of education and experience qualify toward accumulating the required five (5) years: (A) Each year of graduate study shall count as one (1) year of experience; provided, that credit for graduate study or graduate courses, individually or in any combination of graduate study and courses, shall in no case exceed a total of two (2) years toward meeting the five-year requirement of this subdivision (a)(2); (B) Each year of teaching or geological research by persons teaching upper-level geology courses at the college or university levels; provided, that the teaching or research can be demonstrated to be of a sufficiently responsible nature to be equivalent to a year of professional experience; and (C) The geologic ability of an applicant shall be demonstrated by the applicant performing professional geologic work in a responsible position as determined by the department. The adequacy of the required supervision and experience shall be determined by the department in accordance with rules promulgated by the department; and (3) Has successfully passed any examination or examinations developed or determined by the department to assess adequately the knowledge and skills that are common to the competent practice of geology as a profession. The department shall waive the examination requirement for licensure as a geologist for an applicant who makes written application to the department no later than January 1, 2009, and who otherwise meets the requirements of this subsection (a). (b) (1) Any person who holds an active certificate as a registered geologist or licensed professional geologist under the Geologists Registration Act of 1988, formerly compiled in this chapter, prior to January 1, 2008, shall be deemed to have met the requirements of subdivisions (a)(1)-(3). The person shall be issued a certificate of licensure when renewal is due under the established renewal cycle upon applying for and meeting all requirements for renewal. The department shall assign the registration number of the registration certificate as the certificate of licensure number. (2) Any person holding an active certificate as a registered geologist or licensed professional geologist prior to January 1, 2008, who does not renew the certificate when renewal is due shall be required to apply for licensure under this chapter and meet all requirements of subsection (a), except that a reasonable period of time shall be accorded by the department for late renewals. Acts 2007, ch. 495, § 10.
(a) To be eligible for a certificate of licensure, an applicant shall meet each of the following minimum qualifications: (1) Be a graduate of an accredited college or university. The applicant shall have successfully completed a minimum of thirty (30) semester or forty-five (45) quarter hours of course work in geology, geophysics, geochemistry, engineering geology or their subdivisions. The department may waive the academic requirements for a person who is a geologist; provided, that application for licensure is made no later than January 1, 2009, and the applicant can provide evidence to satisfy the department that the applicant is competent to practice geology; (2) Have at least five (5) years of geological education and professional experience. Any combination of the following kinds of education and experience qualify toward accumulating the required five (5) years: (A) Each year of graduate study shall count as one (1) year of experience; provided, that credit for graduate study or graduate courses, individually or in any combination of graduate study and courses, shall in no case exceed a total of two (2) years toward meeting the five-year requirement of this subdivision (a)(2); (B) Each year of teaching or geological research by persons teaching upper-level geology courses at the college or university levels; provided, that the teaching or research can be demonstrated to be of a sufficiently responsible nature to be equivalent to a year of professional experience; and (C) The geologic ability of an applicant shall be demonstrated by the applicant performing professional geologic work in a responsible position as determined by the department. The adequacy of the required supervision and experience shall be determined by the department in accordance with rules promulgated by the department; and (3) Has successfully passed any examination or examinations developed or determined by the department to assess adequately the knowledge and skills that are common to the competent practice of geology as a profession. The department shall waive the examination requirement for licensure as a geologist for an applicant who makes written application to the department no later than January 1, 2009, and who otherwise meets the requirements of this subsection (a).
(1) Be a graduate of an accredited college or university. The applicant shall have successfully completed a minimum of thirty (30) semester or forty-five (45) quarter hours of course work in geology, geophysics, geochemistry, engineering geology or their subdivisions. The department may waive the academic requirements for a person who is a geologist; provided, that application for licensure is made no later than January 1, 2009, and the applicant can provide evidence to satisfy the department that the applicant is competent to practice geology;
(2) Have at least five (5) years of geological education and professional experience. Any combination of the following kinds of education and experience qualify toward accumulating the required five (5) years: (A) Each year of graduate study shall count as one (1) year of experience; provided, that credit for graduate study or graduate courses, individually or in any combination of graduate study and courses, shall in no case exceed a total of two (2) years toward meeting the five-year requirement of this subdivision (a)(2); (B) Each year of teaching or geological research by persons teaching upper-level geology courses at the college or university levels; provided, that the teaching or research can be demonstrated to be of a sufficiently responsible nature to be equivalent to a year of professional experience; and (C) The geologic ability of an applicant shall be demonstrated by the applicant performing professional geologic work in a responsible position as determined by the department. The adequacy of the required supervision and experience shall be determined by the department in accordance with rules promulgated by the department; and
(A) Each year of graduate study shall count as one (1) year of experience; provided, that credit for graduate study or graduate courses, individually or in any combination of graduate study and courses, shall in no case exceed a total of two (2) years toward meeting the five-year requirement of this subdivision (a)(2);
(B) Each year of teaching or geological research by persons teaching upper-level geology courses at the college or university levels; provided, that the teaching or research can be demonstrated to be of a sufficiently responsible nature to be equivalent to a year of professional experience; and
(C) The geologic ability of an applicant shall be demonstrated by the applicant performing professional geologic work in a responsible position as determined by the department. The adequacy of the required supervision and experience shall be determined by the department in accordance with rules promulgated by the department; and
(3) Has successfully passed any examination or examinations developed or determined by the department to assess adequately the knowledge and skills that are common to the competent practice of geology as a profession. The department shall waive the examination requirement for licensure as a geologist for an applicant who makes written application to the department no later than January 1, 2009, and who otherwise meets the requirements of this subsection (a).
(b) (1) Any person who holds an active certificate as a registered geologist or licensed professional geologist under the Geologists Registration Act of 1988, formerly compiled in this chapter, prior to January 1, 2008, shall be deemed to have met the requirements of subdivisions (a)(1)-(3). The person shall be issued a certificate of licensure when renewal is due under the established renewal cycle upon applying for and meeting all requirements for renewal. The department shall assign the registration number of the registration certificate as the certificate of licensure number. (2) Any person holding an active certificate as a registered geologist or licensed professional geologist prior to January 1, 2008, who does not renew the certificate when renewal is due shall be required to apply for licensure under this chapter and meet all requirements of subsection (a), except that a reasonable period of time shall be accorded by the department for late renewals.
(1) Any person who holds an active certificate as a registered geologist or licensed professional geologist under the Geologists Registration Act of 1988, formerly compiled in this chapter, prior to January 1, 2008, shall be deemed to have met the requirements of subdivisions (a)(1)-(3). The person shall be issued a certificate of licensure when renewal is due under the established renewal cycle upon applying for and meeting all requirements for renewal. The department shall assign the registration number of the registration certificate as the certificate of licensure number.
(2) Any person holding an active certificate as a registered geologist or licensed professional geologist prior to January 1, 2008, who does not renew the certificate when renewal is due shall be required to apply for licensure under this chapter and meet all requirements of subsection (a), except that a reasonable period of time shall be accorded by the department for late renewals.
Acts 2007, ch. 495, § 10.
Tenn. Code Ann. § 62-21-102 — TN Code / Title 62 / Chapter 21 / Section 62-21-102
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Adjuvant" means any substance that, when added to a pesticide, is intended to aid, modify or enhance its effectiveness by its properties of serving as a wetting agent, detergent, spreading agent, synergist, deposit builder, adhesive, surfactant, emulsifying agent, deflocculating agent, water modifier or similar agent, with or without toxic properties of its own, and when sold in a package or container separate from that of the pesticide with which it is to be used; (2) "Branch office" means any location other than the principal base of operation from which a pest control firm carries out its pest control activities. The maintenance of personnel and equipment at these locations where pest control activities are carried out constitutes a branch office under this chapter; (3) "Category" means an area of licensing or certification for which commercial pest control operators or restricted use applicators are qualified; (4) "Certification" means the authorization by the commissioner to use, supervise the use of, buy or sell restricted use pesticides or to issue a wood destroying insect infestation inspection report; (5) "Certified applicator" means any individual who is certified by the commissioner as authorized to use, buy, sell or supervise the use of restricted use pesticides; (6) "Charter" means an instrument issued by the department, authorizing a person, firm or corporation to engage in the business of commercial pest control operations; (7) "Commercial pest control operator" means a person or business entity who engages in the custom application of pesticides or inspection of real property for the purpose of issuing a wood destroying insect infestation inspection report and who has demonstrated to the satisfaction of the commissioner the person's qualifications to design and direct pest control and inspection operations; (8) "Commissioner" means the commissioner of agriculture; (9) "Custom application of pesticides" means the application of pesticides for a fee; (10) "Department" means the department of agriculture; (11) "Labeling" means all labels and written, printed or graphic matter accompanying the pesticide or device at any time or to which reference is made on the label and the pesticide must be used consistent with the label; (12) "Licensee" means any person duly licensed under this chapter; (13) "Office" means point of headquarters or location of the principal operation of a pest control firm or a point or location where branch offices are supervised; (14) "Pesticide" means any substance or mixture of substances or chemical intended for defoliating or desiccating plants or for preventing, destroying, repelling or mitigating any insects, rodents, fungi, bacteria, weeds or other forms of plant or animal life the commissioner declares to be a pest. This includes, but is not limited to, insecticides, fungicides, bacteriacides, herbicides, desiccants, defoliants, adjuvants or nematocides; (15) "Prevention" means the prevention of conditions conducive to termite harborage or activity, or both, by advice of a licensed operator; (16) "Private applicator" means an individual who uses, supervises the use of or buys any pesticide that is classified for restricted use for purposes of producing an agricultural commodity on property owned or rented by the individual or the individual's employer or if applied without compensation other than trading of personal services between producers of agricultural commodities on the property of another person; (17) "Recertification" means the reauthorization every three (3) years by the commissioner to use, supervise the use of, buy or sell restricted use pesticides; (18) "Registration" means an instrument authorizing a person to act as solicitor, salesperson or agent for a chartered pest control business; (19) "Restricted use applicator" means a person who uses or supervises the use of, sells or buys restricted use pesticides for any use or for use on any property other than as defined under private applicator or commercial pest control operator; (20) "Restricted use pesticide" means any pesticide, the efficacy data on which indicates it may have adverse effect on people or the environment, or both; (21) "Termite warranty without initial chemical treatment" means any agreement entered into between a chartered commercial pest control operator and any other person or entity for the purpose of termite prevention or control for any structure or building, regardless of any initial chemical application for prevention or control to the property; (22) "Under the direct supervision" means any application or sale of a pesticide by a certified applicator acting under the instructions and control of a private applicator, commercial applicator or commercial pest control operator who is available if and when needed, if the applicator or operator is physically present or in direct communication by conventional means of communication; and (23) "Wood destroying insect infestation inspection report" means a report written by a chartered commercial pest control operator employing a person licensed in the category of wood destroying organisms. The report shall indicate the presence or absence of visible wood destroying insects and the presence or absence of visible damage caused by the insects and shall be issued after an on-site inspection of the property. Amended by 2020 Tenn. Acts, ch. 640, s 1, eff. 4/1/2020. Acts 1978, ch. 844, § 2; T.C.A., § 62-2102; Acts 1988, ch. 545, §§ 1-5; 1996, ch. 805, §§ 7, 8; 2000, ch. 668, §§ 1 - 3; 2001, ch. 105, §§ 1, 2; 2009 , ch. 363, § 1; 2011 , ch. 87, § 1.
As used in this chapter, unless the context otherwise requires:
(1) "Adjuvant" means any substance that, when added to a pesticide, is intended to aid, modify or enhance its effectiveness by its properties of serving as a wetting agent, detergent, spreading agent, synergist, deposit builder, adhesive, surfactant, emulsifying agent, deflocculating agent, water modifier or similar agent, with or without toxic properties of its own, and when sold in a package or container separate from that of the pesticide with which it is to be used;
(2) "Branch office" means any location other than the principal base of operation from which a pest control firm carries out its pest control activities. The maintenance of personnel and equipment at these locations where pest control activities are carried out constitutes a branch office under this chapter;
(3) "Category" means an area of licensing or certification for which commercial pest control operators or restricted use applicators are qualified;
(4) "Certification" means the authorization by the commissioner to use, supervise the use of, buy or sell restricted use pesticides or to issue a wood destroying insect infestation inspection report;
(5) "Certified applicator" means any individual who is certified by the commissioner as authorized to use, buy, sell or supervise the use of restricted use pesticides;
(6) "Charter" means an instrument issued by the department, authorizing a person, firm or corporation to engage in the business of commercial pest control operations;
(7) "Commercial pest control operator" means a person or business entity who engages in the custom application of pesticides or inspection of real property for the purpose of issuing a wood destroying insect infestation inspection report and who has demonstrated to the satisfaction of the commissioner the person's qualifications to design and direct pest control and inspection operations;
(8) "Commissioner" means the commissioner of agriculture;
(9) "Custom application of pesticides" means the application of pesticides for a fee;
(10) "Department" means the department of agriculture;
(11) "Labeling" means all labels and written, printed or graphic matter accompanying the pesticide or device at any time or to which reference is made on the label and the pesticide must be used consistent with the label;
(12) "Licensee" means any person duly licensed under this chapter;
(13) "Office" means point of headquarters or location of the principal operation of a pest control firm or a point or location where branch offices are supervised;
(14) "Pesticide" means any substance or mixture of substances or chemical intended for defoliating or desiccating plants or for preventing, destroying, repelling or mitigating any insects, rodents, fungi, bacteria, weeds or other forms of plant or animal life the commissioner declares to be a pest. This includes, but is not limited to, insecticides, fungicides, bacteriacides, herbicides, desiccants, defoliants, adjuvants or nematocides;
(15) "Prevention" means the prevention of conditions conducive to termite harborage or activity, or both, by advice of a licensed operator;
(16) "Private applicator" means an individual who uses, supervises the use of or buys any pesticide that is classified for restricted use for purposes of producing an agricultural commodity on property owned or rented by the individual or the individual's employer or if applied without compensation other than trading of personal services between producers of agricultural commodities on the property of another person;
(17) "Recertification" means the reauthorization every three (3) years by the commissioner to use, supervise the use of, buy or sell restricted use pesticides;
(18) "Registration" means an instrument authorizing a person to act as solicitor, salesperson or agent for a chartered pest control business;
(19) "Restricted use applicator" means a person who uses or supervises the use of, sells or buys restricted use pesticides for any use or for use on any property other than as defined under private applicator or commercial pest control operator;
(20) "Restricted use pesticide" means any pesticide, the efficacy data on which indicates it may have adverse effect on people or the environment, or both;
(21) "Termite warranty without initial chemical treatment" means any agreement entered into between a chartered commercial pest control operator and any other person or entity for the purpose of termite prevention or control for any structure or building, regardless of any initial chemical application for prevention or control to the property;
(22) "Under the direct supervision" means any application or sale of a pesticide by a certified applicator acting under the instructions and control of a private applicator, commercial applicator or commercial pest control operator who is available if and when needed, if the applicator or operator is physically present or in direct communication by conventional means of communication; and
(23) "Wood destroying insect infestation inspection report" means a report written by a chartered commercial pest control operator employing a person licensed in the category of wood destroying organisms. The report shall indicate the presence or absence of visible wood destroying insects and the presence or absence of visible damage caused by the insects and shall be issued after an on-site inspection of the property.
Amended by 2020 Tenn. Acts, ch. 640, s 1, eff. 4/1/2020.
Acts 1978, ch. 844, § 2; T.C.A., § 62-2102; Acts 1988, ch. 545, §§ 1-5; 1996, ch. 805, §§ 7, 8; 2000, ch. 668, §§ 1 - 3; 2001, ch. 105, §§ 1, 2; 2009 , ch. 363, § 1; 2011 , ch. 87, § 1.
Tenn. Code Ann. § 62-32-320 — TN Code / Title 62 / Chapter 32 / Section 62-32-320
Penalties
Status: in_force

(a) The commissioner may, when it deems appropriate, seek civil remedies at law or equity to restrain or enjoin any unauthorized practice or other violation of this part. (b) Any person, firm or corporation that engages or offers to engage in contracting without a certification as required by § 62-32-304 shall be ineligible to apply for the certification until six (6) months after the violation has occurred. (c) In addition to revocation or suspension of a certification or license under § 62-32-319 , a civil penalty of no more than five thousand dollars ($5,000) may be assessed by the commissioner against any person who violates any provision of this part or any rule of the commissioner adopted pursuant to this part. In determining the amount of any penalty, the commissioner shall consider the degree and extent of harm caused by the violation. (d) A violation of this part or any rule lawfully promulgated under this part is a Class B misdemeanor subject to fine only. Amended by 2021 Tenn. Acts, ch. 294, s 33, eff. 7/1/2021. Acts 1991, ch. 400, § 20; 2000, ch. 641, § 1.
(a) The commissioner may, when it deems appropriate, seek civil remedies at law or equity to restrain or enjoin any unauthorized practice or other violation of this part.
(b) Any person, firm or corporation that engages or offers to engage in contracting without a certification as required by § 62-32-304 shall be ineligible to apply for the certification until six (6) months after the violation has occurred.
(c) In addition to revocation or suspension of a certification or license under § 62-32-319 , a civil penalty of no more than five thousand dollars ($5,000) may be assessed by the commissioner against any person who violates any provision of this part or any rule of the commissioner adopted pursuant to this part. In determining the amount of any penalty, the commissioner shall consider the degree and extent of harm caused by the violation.
(d) A violation of this part or any rule lawfully promulgated under this part is a Class B misdemeanor subject to fine only.
Amended by 2021 Tenn. Acts, ch. 294, s 33, eff. 7/1/2021.
Acts 1991, ch. 400, § 20; 2000, ch. 641, § 1.
Tenn. Code Ann. § 62-5-406 — TN Code / Title 62 / Chapter 5 / Section 62-5-406
Filing of pre-need funeral contract - Contract form requirements - Revocable and irrevocable contracts
Status: in_force

(a) (1) No pre-need funeral contract shall be offered in this state until a copy of the contract has been issued by the commissioner for general use. (2) If no contract has been issued by the commissioner pursuant to subdivision (a)(1), then no pre-need funeral contract shall be offered in this state until a copy of the contract has been filed with and approved by the commissioner. If the commissioner does not disapprove the contract within sixty (60) days after receipt of the request for approval, the contract shall be deemed approved. The commissioner may disapprove a previously approved pre-need funeral contract if the pre-need funeral contract violates this section upon giving notice and an opportunity for a hearing to the pre-need seller. (b) Each pre-need contract form shall: (1) Be written in clear and understandable language printed in an easy-to-read type size and style; (2) Contain space to include the name, address, telephone number, and registration number of the pre-need seller obligated to provide the services under the contract terms, and all the information must be completed before the contract is signed by the purchaser; (3) Clearly identify whether the contract is a guaranteed pre-need funeral contract or a non-guaranteed pre-need funeral contract; and (A) If the contract is funded by a pre-need funeral trust, the pre-need funeral contract shall state whether the pre-need funeral trust it establishes is revocable or irrevocable. (B) If the pre-need funeral trust is irrevocable, the pre-need funeral contract shall state on its face and in bold type the following words: THE PRE-NEED FUNERAL TRUST ACCOUNT ESTABLISHED BY THIS CONTRACT IS IRREVOCABLE, AND THE FUNDS PAID HEREUNDER ARE NOT REFUNDABLE. ACCUMULATED TRUST PRINCIPAL AND INTEREST ARE FREELY TRANSFERABLE TO SATISFY FUNERAL EXPENSES AT ANY LICENSED FUNERAL ESTABLISHMENT AS PROVIDED BY LAW. (C) If the pre-need funeral trust is revocable, the purchaser of the merchandise or services under the agreement, contract or plan shall be entitled to receive any or all of the payments made and any earnings or interest on the payments, less any applicable fees and expenses permitted by this part, upon demand in writing on the pre-need seller and the trustee. Absent gross negligence or willful misconduct by the trustee, payment by the trustee of the amount held in trust, less any applicable fees and expenses permitted by this part, shall relieve the trustee of further liability to the purchaser in connection with the trust. (c) No modification of the form, terms, or conditions of the pre-need contract may be made without the prior written approval of the commissioner. (d) No pre-need funeral contract shall provide for the funeral establishment, pre-need seller, or pre-need sales agent to receive any benefits from a prearrangement insurance policy or moneys from a pre-need funeral trust other than the amount of payment for the merchandise and services provided by the funeral establishment. This subsection (d) shall not prohibit the payment of commissions authorized to be paid under title 56, chapter 6. (e) This section shall apply only to pre-need funeral contracts executed subsequent to January 1, 2008. (f) A pre-need seller that is a cemetery company may offer a pre-need funeral contract that covers cemetery merchandise as defined in § 46-1-102 , or a pre-need funeral contract that covers both funeral merchandise and cemetery merchandise, on a contract issued by the commissioner or, if the commissioner has not issued a contract, on a contract approved by the commissioner. The pre-need seller that is a cemetery company shall comply with the requirements provided in title 46, chapter 1, for selling cemetery merchandise. Amended by 2016 Tenn. Acts, ch. 911, Secs.s 3, s 4 eff. 4/27/2016. Acts 2007 , ch. 592, § 7; 2008 , ch. 1065, § 1.
(a) (1) No pre-need funeral contract shall be offered in this state until a copy of the contract has been issued by the commissioner for general use. (2) If no contract has been issued by the commissioner pursuant to subdivision (a)(1), then no pre-need funeral contract shall be offered in this state until a copy of the contract has been filed with and approved by the commissioner. If the commissioner does not disapprove the contract within sixty (60) days after receipt of the request for approval, the contract shall be deemed approved. The commissioner may disapprove a previously approved pre-need funeral contract if the pre-need funeral contract violates this section upon giving notice and an opportunity for a hearing to the pre-need seller.
(1) No pre-need funeral contract shall be offered in this state until a copy of the contract has been issued by the commissioner for general use.
(2) If no contract has been issued by the commissioner pursuant to subdivision (a)(1), then no pre-need funeral contract shall be offered in this state until a copy of the contract has been filed with and approved by the commissioner. If the commissioner does not disapprove the contract within sixty (60) days after receipt of the request for approval, the contract shall be deemed approved. The commissioner may disapprove a previously approved pre-need funeral contract if the pre-need funeral contract violates this section upon giving notice and an opportunity for a hearing to the pre-need seller.
(b) Each pre-need contract form shall: (1) Be written in clear and understandable language printed in an easy-to-read type size and style; (2) Contain space to include the name, address, telephone number, and registration number of the pre-need seller obligated to provide the services under the contract terms, and all the information must be completed before the contract is signed by the purchaser; (3) Clearly identify whether the contract is a guaranteed pre-need funeral contract or a non-guaranteed pre-need funeral contract; and (A) If the contract is funded by a pre-need funeral trust, the pre-need funeral contract shall state whether the pre-need funeral trust it establishes is revocable or irrevocable. (B) If the pre-need funeral trust is irrevocable, the pre-need funeral contract shall state on its face and in bold type the following words: THE PRE-NEED FUNERAL TRUST ACCOUNT ESTABLISHED BY THIS CONTRACT IS IRREVOCABLE, AND THE FUNDS PAID HEREUNDER ARE NOT REFUNDABLE. ACCUMULATED TRUST PRINCIPAL AND INTEREST ARE FREELY TRANSFERABLE TO SATISFY FUNERAL EXPENSES AT ANY LICENSED FUNERAL ESTABLISHMENT AS PROVIDED BY LAW. (C) If the pre-need funeral trust is revocable, the purchaser of the merchandise or services under the agreement, contract or plan shall be entitled to receive any or all of the payments made and any earnings or interest on the payments, less any applicable fees and expenses permitted by this part, upon demand in writing on the pre-need seller and the trustee. Absent gross negligence or willful misconduct by the trustee, payment by the trustee of the amount held in trust, less any applicable fees and expenses permitted by this part, shall relieve the trustee of further liability to the purchaser in connection with the trust.
(1) Be written in clear and understandable language printed in an easy-to-read type size and style;
(2) Contain space to include the name, address, telephone number, and registration number of the pre-need seller obligated to provide the services under the contract terms, and all the information must be completed before the contract is signed by the purchaser;
(3) Clearly identify whether the contract is a guaranteed pre-need funeral contract or a non-guaranteed pre-need funeral contract; and (A) If the contract is funded by a pre-need funeral trust, the pre-need funeral contract shall state whether the pre-need funeral trust it establishes is revocable or irrevocable. (B) If the pre-need funeral trust is irrevocable, the pre-need funeral contract shall state on its face and in bold type the following words: THE PRE-NEED FUNERAL TRUST ACCOUNT ESTABLISHED BY THIS CONTRACT IS IRREVOCABLE, AND THE FUNDS PAID HEREUNDER ARE NOT REFUNDABLE. ACCUMULATED TRUST PRINCIPAL AND INTEREST ARE FREELY TRANSFERABLE TO SATISFY FUNERAL EXPENSES AT ANY LICENSED FUNERAL ESTABLISHMENT AS PROVIDED BY LAW. (C) If the pre-need funeral trust is revocable, the purchaser of the merchandise or services under the agreement, contract or plan shall be entitled to receive any or all of the payments made and any earnings or interest on the payments, less any applicable fees and expenses permitted by this part, upon demand in writing on the pre-need seller and the trustee. Absent gross negligence or willful misconduct by the trustee, payment by the trustee of the amount held in trust, less any applicable fees and expenses permitted by this part, shall relieve the trustee of further liability to the purchaser in connection with the trust.
(A) If the contract is funded by a pre-need funeral trust, the pre-need funeral contract shall state whether the pre-need funeral trust it establishes is revocable or irrevocable.
(B) If the pre-need funeral trust is irrevocable, the pre-need funeral contract shall state on its face and in bold type the following words: THE PRE-NEED FUNERAL TRUST ACCOUNT ESTABLISHED BY THIS CONTRACT IS IRREVOCABLE, AND THE FUNDS PAID HEREUNDER ARE NOT REFUNDABLE. ACCUMULATED TRUST PRINCIPAL AND INTEREST ARE FREELY TRANSFERABLE TO SATISFY FUNERAL EXPENSES AT ANY LICENSED FUNERAL ESTABLISHMENT AS PROVIDED BY LAW.
(C) If the pre-need funeral trust is revocable, the purchaser of the merchandise or services under the agreement, contract or plan shall be entitled to receive any or all of the payments made and any earnings or interest on the payments, less any applicable fees and expenses permitted by this part, upon demand in writing on the pre-need seller and the trustee. Absent gross negligence or willful misconduct by the trustee, payment by the trustee of the amount held in trust, less any applicable fees and expenses permitted by this part, shall relieve the trustee of further liability to the purchaser in connection with the trust.
(c) No modification of the form, terms, or conditions of the pre-need contract may be made without the prior written approval of the commissioner.
(d) No pre-need funeral contract shall provide for the funeral establishment, pre-need seller, or pre-need sales agent to receive any benefits from a prearrangement insurance policy or moneys from a pre-need funeral trust other than the amount of payment for the merchandise and services provided by the funeral establishment. This subsection (d) shall not prohibit the payment of commissions authorized to be paid under title 56, chapter 6.
(e) This section shall apply only to pre-need funeral contracts executed subsequent to January 1, 2008.
(f) A pre-need seller that is a cemetery company may offer a pre-need funeral contract that covers cemetery merchandise as defined in § 46-1-102 , or a pre-need funeral contract that covers both funeral merchandise and cemetery merchandise, on a contract issued by the commissioner or, if the commissioner has not issued a contract, on a contract approved by the commissioner. The pre-need seller that is a cemetery company shall comply with the requirements provided in title 46, chapter 1, for selling cemetery merchandise.
Amended by 2016 Tenn. Acts, ch. 911, Secs.s 3, s 4 eff. 4/27/2016.
Acts 2007 , ch. 592, § 7; 2008 , ch. 1065, § 1.
Tenn. Code Ann. § 62-13-403 — TN Code / Title 62 / Chapter 13 / Section 62-13-403
Duty owed to all parties
Status: in_force

A licensee who provides real estate services in a real estate transaction shall owe all parties to the transaction the following duties, except as provided otherwise by § 62-13-405 , in addition to other duties specifically set forth in this chapter or the rules of the commission: (1) Diligently exercise reasonable skill and care in providing services to all parties to the transaction; (2) Disclose to each party to the transaction any adverse facts of which the licensee has actual notice or knowledge; (3) Maintain for each party to a transaction the confidentiality of any information obtained by a licensee prior to disclosure to all parties of a written agency or subagency agreement entered into by the licensee to represent either or both of the parties in a transaction. This duty of confidentiality extends to any information that the party would reasonably expect to be held in confidence, except for information that the party has authorized for disclosure, information required to be disclosed under this part and information otherwise required to be disclosed pursuant to this chapter. This duty survives both the subsequent establishment of an agency relationship and the closing of the transaction; (4) Provide services to each party to the transaction with honesty and good faith; (5) Disclose to each party to the transaction timely and accurate information regarding market conditions that might affect the transaction only when the information is available through public records and when the information is requested by a party; (6) Timely account for trust fund deposits and all other property received from any party to the transaction; and (7) (A) Not engage in self-dealing nor act on behalf of licensee's immediate family or on behalf of any other individual, organization or business entity in which the licensee has a personal interest without prior disclosure of the interest and the timely written consent of all parties to the transaction; and (B) Not recommend to any party to the transaction the use of services of another individual, organization or business entity in which the licensee has an interest or from whom the licensee may receive a referral fee or other compensation for the referral, other than referrals to other licensees to provide real estate services under this chapter, without timely disclosing to the party who receives the referral the licensee's interest in the referral or the fact that a referral fee may be received. Acts 1995, ch. 246, § 5; 1996, ch. 772, §§ 5, 6.
A licensee who provides real estate services in a real estate transaction shall owe all parties to the transaction the following duties, except as provided otherwise by § 62-13-405 , in addition to other duties specifically set forth in this chapter or the rules of the commission:
(1) Diligently exercise reasonable skill and care in providing services to all parties to the transaction;
(2) Disclose to each party to the transaction any adverse facts of which the licensee has actual notice or knowledge;
(3) Maintain for each party to a transaction the confidentiality of any information obtained by a licensee prior to disclosure to all parties of a written agency or subagency agreement entered into by the licensee to represent either or both of the parties in a transaction. This duty of confidentiality extends to any information that the party would reasonably expect to be held in confidence, except for information that the party has authorized for disclosure, information required to be disclosed under this part and information otherwise required to be disclosed pursuant to this chapter. This duty survives both the subsequent establishment of an agency relationship and the closing of the transaction;
(4) Provide services to each party to the transaction with honesty and good faith;
(5) Disclose to each party to the transaction timely and accurate information regarding market conditions that might affect the transaction only when the information is available through public records and when the information is requested by a party;
(6) Timely account for trust fund deposits and all other property received from any party to the transaction; and
(7) (A) Not engage in self-dealing nor act on behalf of licensee's immediate family or on behalf of any other individual, organization or business entity in which the licensee has a personal interest without prior disclosure of the interest and the timely written consent of all parties to the transaction; and (B) Not recommend to any party to the transaction the use of services of another individual, organization or business entity in which the licensee has an interest or from whom the licensee may receive a referral fee or other compensation for the referral, other than referrals to other licensees to provide real estate services under this chapter, without timely disclosing to the party who receives the referral the licensee's interest in the referral or the fact that a referral fee may be received.
(A) Not engage in self-dealing nor act on behalf of licensee's immediate family or on behalf of any other individual, organization or business entity in which the licensee has a personal interest without prior disclosure of the interest and the timely written consent of all parties to the transaction; and
(B) Not recommend to any party to the transaction the use of services of another individual, organization or business entity in which the licensee has an interest or from whom the licensee may receive a referral fee or other compensation for the referral, other than referrals to other licensees to provide real estate services under this chapter, without timely disclosing to the party who receives the referral the licensee's interest in the referral or the fact that a referral fee may be received.
Acts 1995, ch. 246, § 5; 1996, ch. 772, §§ 5, 6.
Tenn. Code Ann. § 62-39-422 — TN Code / Title 62 / Chapter 39 / Section 62-39-422
Alterations, modifications and changes to completed appraisals prohibited - Providing appraiser's digital signature or seal
Status: in_force

(a) An appraisal management company may not alter, modify, or otherwise change a completed appraisal report submitted by an appraiser by: (1) Permanently removing the appraiser's signature or seal; or (2) Adding information to, or removing information from, the appraisal report with an intent to change the valuation conclusion. (b) No registered appraisal management company may require an appraiser to provide the appraisal management company with the appraiser's digital signature or seal. Nothing in this subsection (b) shall prohibit an appraiser from voluntarily providing such appraiser's digital signature to another person. Acts 2010, ch. 963, § 23.
(a) An appraisal management company may not alter, modify, or otherwise change a completed appraisal report submitted by an appraiser by: (1) Permanently removing the appraiser's signature or seal; or (2) Adding information to, or removing information from, the appraisal report with an intent to change the valuation conclusion.
(1) Permanently removing the appraiser's signature or seal; or
(2) Adding information to, or removing information from, the appraisal report with an intent to change the valuation conclusion.
(b) No registered appraisal management company may require an appraiser to provide the appraisal management company with the appraiser's digital signature or seal. Nothing in this subsection (b) shall prohibit an appraiser from voluntarily providing such appraiser's digital signature to another person.
Acts 2010, ch. 963, § 23.