Tenn. Code Ann. § 62-6-307 — TN Code / Title 62 / Chapter 6 / Section 62-6-307
License renewal - Inactive status
Status: in_force

(a) To renew a current, valid home inspector license, the holder of the license shall submit an application on a form prescribed by the commissioner. The application for renewal shall be accompanied by the fee specified in § 62-6-303 . All documentation and fees that are prerequisite to the renewal of a license shall be delivered to the commissioner prior to the expiration date of the license then held. (b) Applicants for license renewal shall furnish evidence satisfactory to the commissioner that the applicant has: (1) Completed thirty-two (32) hours of commissioner-approved continuing education; (2) Not violated this part or any rules and regulations promulgated under this part; and (3) Obtained a certificate of insurance in an amount required by the commissioner for general liability, as well as errors and omissions, to cover all activities contemplated under this part. (c) The commissioner may refuse to renew any license if the licensee has continued to perform home inspections in this state following the expiration of the license. (d) The license of any home inspector who fails timely to pay a renewal fee or to comply with any prerequisite or condition to licensure or renewal may be reinstated without examination within sixty (60) days after the expiration date of the license upon providing proof of compliance with the prerequisites or conditions, including payment of any penalty fee arising from failure to comply with any prerequisite or condition to renewal prior to the expiration date of the license, and payment of the renewal fee, plus an additional penalty fee of not more than twenty-five dollars ($25.00) per month. Any person desiring reinstatement thereafter must reapply for licensure; provided, that the commissioner has the discretion to: (1) Waive reexamination or additional education requirements for such an applicant; or (2) Reinstate a license subject to the applicant's compliance with reasonable conditions that the commissioner may prescribe, including payment of a penalty fee, in addition to the penalty fee provided in this subsection (d), of not more than twenty-five dollars ($25.00) per month or portion of a month, from the time the license expired. (e) When fees are remitted by mail to the commissioner, the date of payment shall be determined by the official postmark on the mail. (f) (1) A licensee may request that his license be placed in an inactive status by making application to the commissioner and paying the applicable fee. A licensee whose license is inactive may not directly or indirectly engage in or conduct, or advertise or claim to be engaging in or conducting the business, or acting in the capacity of a home inspector as defined in § 62-6-302 , governing home inspectors in this state. No continuing education shall be required for renewal of an inactive license. Licensees holding an inactive license are not required to maintain general liability or errors and omissions insurance. Inactive licenses shall be renewed biannually. (2) (A) A license that is inactive may be reactivated upon application to the commissioner. (B) The licensee shall submit an application for reinstatement on a form as prescribed by the commissioner, accompanied by: (i) A fee as prescribed by the commissioner; (ii) A certificate of insurance in an amount required by the commissioner for general liability and errors and omissions, to cover all activities contemplated under this part; and (iii) Evidence satisfactory to the commissioner that the applicant has not violated this part or any rules or regulations promulgated pursuant to this part during the period the license was inactive. (C) If more than two (2) years have passed since the license was placed in an inactive status, the applicant shall, in addition to the requirements set forth in subdivision (f)(2)(B), also furnish evidence satisfactory to the commissioner that the applicant has completed thirty-two (32) hours of commissioner-approved continuing education during the twenty-four (24) months immediately preceding the date of application for reinstatement. Acts 2005, ch. 65, § 8; 2009 , ch. 279, § 5; 2010 , ch. 666, § 2.
(a) To renew a current, valid home inspector license, the holder of the license shall submit an application on a form prescribed by the commissioner. The application for renewal shall be accompanied by the fee specified in § 62-6-303 . All documentation and fees that are prerequisite to the renewal of a license shall be delivered to the commissioner prior to the expiration date of the license then held.
(b) Applicants for license renewal shall furnish evidence satisfactory to the commissioner that the applicant has: (1) Completed thirty-two (32) hours of commissioner-approved continuing education; (2) Not violated this part or any rules and regulations promulgated under this part; and (3) Obtained a certificate of insurance in an amount required by the commissioner for general liability, as well as errors and omissions, to cover all activities contemplated under this part.
(1) Completed thirty-two (32) hours of commissioner-approved continuing education;
(2) Not violated this part or any rules and regulations promulgated under this part; and
(3) Obtained a certificate of insurance in an amount required by the commissioner for general liability, as well as errors and omissions, to cover all activities contemplated under this part.
(c) The commissioner may refuse to renew any license if the licensee has continued to perform home inspections in this state following the expiration of the license.
(d) The license of any home inspector who fails timely to pay a renewal fee or to comply with any prerequisite or condition to licensure or renewal may be reinstated without examination within sixty (60) days after the expiration date of the license upon providing proof of compliance with the prerequisites or conditions, including payment of any penalty fee arising from failure to comply with any prerequisite or condition to renewal prior to the expiration date of the license, and payment of the renewal fee, plus an additional penalty fee of not more than twenty-five dollars ($25.00) per month. Any person desiring reinstatement thereafter must reapply for licensure; provided, that the commissioner has the discretion to: (1) Waive reexamination or additional education requirements for such an applicant; or (2) Reinstate a license subject to the applicant's compliance with reasonable conditions that the commissioner may prescribe, including payment of a penalty fee, in addition to the penalty fee provided in this subsection (d), of not more than twenty-five dollars ($25.00) per month or portion of a month, from the time the license expired.
(1) Waive reexamination or additional education requirements for such an applicant; or
(2) Reinstate a license subject to the applicant's compliance with reasonable conditions that the commissioner may prescribe, including payment of a penalty fee, in addition to the penalty fee provided in this subsection (d), of not more than twenty-five dollars ($25.00) per month or portion of a month, from the time the license expired.
(e) When fees are remitted by mail to the commissioner, the date of payment shall be determined by the official postmark on the mail.
(f) (1) A licensee may request that his license be placed in an inactive status by making application to the commissioner and paying the applicable fee. A licensee whose license is inactive may not directly or indirectly engage in or conduct, or advertise or claim to be engaging in or conducting the business, or acting in the capacity of a home inspector as defined in § 62-6-302 , governing home inspectors in this state. No continuing education shall be required for renewal of an inactive license. Licensees holding an inactive license are not required to maintain general liability or errors and omissions insurance. Inactive licenses shall be renewed biannually. (2) (A) A license that is inactive may be reactivated upon application to the commissioner. (B) The licensee shall submit an application for reinstatement on a form as prescribed by the commissioner, accompanied by: (i) A fee as prescribed by the commissioner; (ii) A certificate of insurance in an amount required by the commissioner for general liability and errors and omissions, to cover all activities contemplated under this part; and (iii) Evidence satisfactory to the commissioner that the applicant has not violated this part or any rules or regulations promulgated pursuant to this part during the period the license was inactive. (C) If more than two (2) years have passed since the license was placed in an inactive status, the applicant shall, in addition to the requirements set forth in subdivision (f)(2)(B), also furnish evidence satisfactory to the commissioner that the applicant has completed thirty-two (32) hours of commissioner-approved continuing education during the twenty-four (24) months immediately preceding the date of application for reinstatement.
(1) A licensee may request that his license be placed in an inactive status by making application to the commissioner and paying the applicable fee. A licensee whose license is inactive may not directly or indirectly engage in or conduct, or advertise or claim to be engaging in or conducting the business, or acting in the capacity of a home inspector as defined in § 62-6-302 , governing home inspectors in this state. No continuing education shall be required for renewal of an inactive license. Licensees holding an inactive license are not required to maintain general liability or errors and omissions insurance. Inactive licenses shall be renewed biannually.
(2) (A) A license that is inactive may be reactivated upon application to the commissioner. (B) The licensee shall submit an application for reinstatement on a form as prescribed by the commissioner, accompanied by: (i) A fee as prescribed by the commissioner; (ii) A certificate of insurance in an amount required by the commissioner for general liability and errors and omissions, to cover all activities contemplated under this part; and (iii) Evidence satisfactory to the commissioner that the applicant has not violated this part or any rules or regulations promulgated pursuant to this part during the period the license was inactive. (C) If more than two (2) years have passed since the license was placed in an inactive status, the applicant shall, in addition to the requirements set forth in subdivision (f)(2)(B), also furnish evidence satisfactory to the commissioner that the applicant has completed thirty-two (32) hours of commissioner-approved continuing education during the twenty-four (24) months immediately preceding the date of application for reinstatement.
(A) A license that is inactive may be reactivated upon application to the commissioner.
(B) The licensee shall submit an application for reinstatement on a form as prescribed by the commissioner, accompanied by: (i) A fee as prescribed by the commissioner; (ii) A certificate of insurance in an amount required by the commissioner for general liability and errors and omissions, to cover all activities contemplated under this part; and (iii) Evidence satisfactory to the commissioner that the applicant has not violated this part or any rules or regulations promulgated pursuant to this part during the period the license was inactive.
(i) A fee as prescribed by the commissioner;
(ii) A certificate of insurance in an amount required by the commissioner for general liability and errors and omissions, to cover all activities contemplated under this part; and
(iii) Evidence satisfactory to the commissioner that the applicant has not violated this part or any rules or regulations promulgated pursuant to this part during the period the license was inactive.
(C) If more than two (2) years have passed since the license was placed in an inactive status, the applicant shall, in addition to the requirements set forth in subdivision (f)(2)(B), also furnish evidence satisfactory to the commissioner that the applicant has completed thirty-two (32) hours of commissioner-approved continuing education during the twenty-four (24) months immediately preceding the date of application for reinstatement.
Acts 2005, ch. 65, § 8; 2009 , ch. 279, § 5; 2010 , ch. 666, § 2.
Tenn. Code Ann. § 62-35-127 — TN Code / Title 62 / Chapter 35 / Section 62-35-127
Prohibited law enforcement representations on badges, insignias, vehicles or equipment
Status: in_force

While performing any function of a security guard and patrol service, no person shall: (1) Wear or display any badge, insignia, shield, patch or pattern that: (A) Indicates or tends to indicate that the person is a sworn peace officer; (B) Contains or includes the word "police" or the equivalent of the word "police;" or (C) Is similar in wording to any law enforcement agency in this state; or (2) Have or utilize any vehicle or equipment that: (A) Displays the words "police," "law enforcement officer," or the equivalent of those words; or (B) Has any sign, shield, accessory or insignia that may indicate that the vehicle or equipment belongs to a public law enforcement agency. Acts 1987, ch. 436, § 27.
While performing any function of a security guard and patrol service, no person shall:
(1) Wear or display any badge, insignia, shield, patch or pattern that: (A) Indicates or tends to indicate that the person is a sworn peace officer; (B) Contains or includes the word "police" or the equivalent of the word "police;" or (C) Is similar in wording to any law enforcement agency in this state; or
(A) Indicates or tends to indicate that the person is a sworn peace officer;
(B) Contains or includes the word "police" or the equivalent of the word "police;" or
(C) Is similar in wording to any law enforcement agency in this state; or
(2) Have or utilize any vehicle or equipment that: (A) Displays the words "police," "law enforcement officer," or the equivalent of those words; or (B) Has any sign, shield, accessory or insignia that may indicate that the vehicle or equipment belongs to a public law enforcement agency.
(A) Displays the words "police," "law enforcement officer," or the equivalent of those words; or
(B) Has any sign, shield, accessory or insignia that may indicate that the vehicle or equipment belongs to a public law enforcement agency.
Acts 1987, ch. 436, § 27.
Tenn. Code Ann. § 62-7-111 — TN Code / Title 62 / Chapter 7 / Section 62-7-111
Discrimination because of method of transportation prohibited
Status: in_force

(a) It is unlawful for owners, proprietors, lessees, keepers, agents, employees or servants of any theaters, shows, parks, places of public resort for observation of scenery or amusement of any kind whatever, where a fee or toll is charged for admission into those places or premises, to refuse admission to any person on account of the fact that the person travels to and from the parks or places over a particular route, or in the vehicles, or other means of conveyance of any person rather than another. It is the duty of all owners, proprietors, lessees, or keepers of the public places to admit all well behaved persons upon equal terms, without regard to the particular route or means of conveyance. (b) All places kept open for the public and at which a fee or toll is charged, either at that place or for traveling over any route or railway, where the place is the inducement to such travel, shall be conclusively taken to fall within this section. (c) For each violation of this section, the proprietor, owner or lessee of the place or grounds, together with the keeper of gates or doors, shall forfeit no less than five dollars ($5.00) nor more than fifty dollars ($50.00), to be recovered by action of debt before any general sessions judge, at the suit of the individual who may be denied admission or at the suit of the person owning the vehicle or other mode of conveyance in which the person denied admission may have traveled to the place or ground. The owner, proprietor, lessee or keeper is also liable for all damage done to the business of the person who may be so discriminated against and may be restrained by injunction from continuing the discrimination. (d) This section shall be liberally construed so as to prevent evasions and subterfuges. Acts 1885, ch. 68, §§ 1-3, 5; Shan., §§3041-3043, 3045; mod. Code 1932, §§ 5257-5259, 5261; modified; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), §§ 62-712 -- 62-714, 62-716.
(a) It is unlawful for owners, proprietors, lessees, keepers, agents, employees or servants of any theaters, shows, parks, places of public resort for observation of scenery or amusement of any kind whatever, where a fee or toll is charged for admission into those places or premises, to refuse admission to any person on account of the fact that the person travels to and from the parks or places over a particular route, or in the vehicles, or other means of conveyance of any person rather than another. It is the duty of all owners, proprietors, lessees, or keepers of the public places to admit all well behaved persons upon equal terms, without regard to the particular route or means of conveyance.
(b) All places kept open for the public and at which a fee or toll is charged, either at that place or for traveling over any route or railway, where the place is the inducement to such travel, shall be conclusively taken to fall within this section.
(c) For each violation of this section, the proprietor, owner or lessee of the place or grounds, together with the keeper of gates or doors, shall forfeit no less than five dollars ($5.00) nor more than fifty dollars ($50.00), to be recovered by action of debt before any general sessions judge, at the suit of the individual who may be denied admission or at the suit of the person owning the vehicle or other mode of conveyance in which the person denied admission may have traveled to the place or ground. The owner, proprietor, lessee or keeper is also liable for all damage done to the business of the person who may be so discriminated against and may be restrained by injunction from continuing the discrimination.
(d) This section shall be liberally construed so as to prevent evasions and subterfuges.
Acts 1885, ch. 68, §§ 1-3, 5; Shan., §§3041-3043, 3045; mod. Code 1932, §§ 5257-5259, 5261; modified; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), §§ 62-712 -- 62-714, 62-716.
Tenn. Code Ann. § 62-6-603 — TN Code / Title 62 / Chapter 6 / Section 62-6-603
Required written statement from residential roofing service provider
Status: in_force

Prior to entering into a contract, a residential roofing services provider shall, in writing, furnish a person with: (1) The residential roofing services provider's: (A) Business mailing address for cancellation purposes; (B) Telephone number; (C) License or registration number of any contractor, home improvement contractor, or public adjuster license or registration held in this or any other state; and (D) Electronic mail address or facsimile number for cancellation purposes, if available; (2) A detailed description of all damage or repairs to be claimed or covered by the contract and the location of such damage; (3) A written statement in boldface type of a minimum size of ten (10) points, containing language substantially similar to the following: You may cancel this contract at any time before midnight on the third business day after you have received written notification from your insurer that all or any part of the claim or contract is not a covered loss under your insurance policy. This right to cancel is in addition to any other rights of cancellation which may be found in state or federal law or regulation. See the attached notice of cancellation form for an explanation of this right. ; and (4) A form in duplicate, captioned "NOTICE OF CANCELLATION", attached in an easily detachable manner to the contract, that contains in boldface type of a minimum size of ten (10) points the following statement or language substantially similar: NOTICE OF CANCELLATION If you are notified by your insurer that all or any part of the claim or contract is not a covered loss under your insurance policy, you may cancel the contract by mailing or delivering a signed and dated copy of this cancellation notice or any other signed and dated written notice to ____________________ (business mailing address) or ____________________ (if available, facsimile number or electronic mail address of residential roofing services provider) at any time prior to midnight on the third business day after you have received such notice from your insurer. If you cancel, any payments made by you under the contract, except those for emergency repairs already performed by the residential roofing services provider, will be returned to you within ten (10) business days following receipt by the residential roofing services provider of your cancellation notice. I HEREBY CANCEL THIS TRANSACTION. ____________________ (date) ____________________ (person's signature). Acts 2012 , ch. 821, § 2.
Prior to entering into a contract, a residential roofing services provider shall, in writing, furnish a person with:
(1) The residential roofing services provider's: (A) Business mailing address for cancellation purposes; (B) Telephone number; (C) License or registration number of any contractor, home improvement contractor, or public adjuster license or registration held in this or any other state; and (D) Electronic mail address or facsimile number for cancellation purposes, if available;
(A) Business mailing address for cancellation purposes;
(B) Telephone number;
(C) License or registration number of any contractor, home improvement contractor, or public adjuster license or registration held in this or any other state; and
(D) Electronic mail address or facsimile number for cancellation purposes, if available;
(2) A detailed description of all damage or repairs to be claimed or covered by the contract and the location of such damage;
(3) A written statement in boldface type of a minimum size of ten (10) points, containing language substantially similar to the following: You may cancel this contract at any time before midnight on the third business day after you have received written notification from your insurer that all or any part of the claim or contract is not a covered loss under your insurance policy. This right to cancel is in addition to any other rights of cancellation which may be found in state or federal law or regulation. See the attached notice of cancellation form for an explanation of this right. ; and
You may cancel this contract at any time before midnight on the third business day after you have received written notification from your insurer that all or any part of the claim or contract is not a covered loss under your insurance policy. This right to cancel is in addition to any other rights of cancellation which may be found in state or federal law or regulation. See the attached notice of cancellation form for an explanation of this right.
; and
(4) A form in duplicate, captioned "NOTICE OF CANCELLATION", attached in an easily detachable manner to the contract, that contains in boldface type of a minimum size of ten (10) points the following statement or language substantially similar: NOTICE OF CANCELLATION If you are notified by your insurer that all or any part of the claim or contract is not a covered loss under your insurance policy, you may cancel the contract by mailing or delivering a signed and dated copy of this cancellation notice or any other signed and dated written notice to ____________________ (business mailing address) or ____________________ (if available, facsimile number or electronic mail address of residential roofing services provider) at any time prior to midnight on the third business day after you have received such notice from your insurer. If you cancel, any payments made by you under the contract, except those for emergency repairs already performed by the residential roofing services provider, will be returned to you within ten (10) business days following receipt by the residential roofing services provider of your cancellation notice. I HEREBY CANCEL THIS TRANSACTION. ____________________ (date) ____________________ (person's signature).
NOTICE OF CANCELLATION
If you are notified by your insurer that all or any part of the claim or contract is not a covered loss under your insurance policy, you may cancel the contract by mailing or delivering a signed and dated copy of this cancellation notice or any other signed and dated written notice to ____________________ (business mailing address) or ____________________ (if available, facsimile number or electronic mail address of residential roofing services provider) at any time prior to midnight on the third business day after you have received such notice from your insurer. If you cancel, any payments made by you under the contract, except those for emergency repairs already performed by the residential roofing services provider, will be returned to you within ten (10) business days following receipt by the residential roofing services provider of your cancellation notice.
I HEREBY CANCEL THIS TRANSACTION.
____________________ (date)
____________________ (person's signature).
Acts 2012 , ch. 821, § 2.
Tenn. Code Ann. § 62-38-305 — TN Code / Title 62 / Chapter 38 / Section 62-38-305
Minimum age for procedure - Exception authorized with consent - Recordkeeping
Status: in_force

(a) No person shall perform a body piercing procedure on an individual who is under eighteen (18) years of age unless written consent has been given by the individual's parent, legal guardian or legal custodian in accordance with subsection (b); however, this subsection (a) shall not apply to an individual who has been emancipated by marriage or by a court order directly pertaining to body piercing. (b) A parent, legal guardian or legal custodian of an individual under age eighteen (18) who desires to give consent to a business for performance of a body piercing procedure on the individual under the age of eighteen (18) shall do all of the following: (1) Appear in person at the business at the time the procedure is performed; (2) Sign a document provided by the business that explains the manner in which the procedure will be performed and the methods for proper care of the affected body area following performance of the procedure; (3) Produce proof of age; (4) Sign a statement that the individual is the minor's parent, legal guardian or legal custodian; (5) (A) Present proof of guardianship or custody of the minor; (B) For purposes of subdivision (b)(5)(A), "proof of guardianship or custody" includes a copy of an order of guardianship, a decree for custody, a birth certificate or any other form of proof of guardianship or custody that is permitted by rule of the department of health; and (6) Sign a statement as specified by rule stating in writing that the individual consents to the procedure being performed on the minor and that the individual providing consent is in fact the parent, legal guardian or legal custodian of the minor. The statement shall include the following declarations and disclosures: (A) The undersigned is fully aware that to falsify legal standing as to parentage or being the legal guardian or legal custodian is a Class C misdemeanor; and (B) Pursuant to § 40-35-111 , a Class C misdemeanor means imprisonment for a period of no greater than thirty (30) days or a fine not to exceed fifty dollars ($50.00), or both. (c) Records of body piercing procedures performed on minors shall be maintained by the operator for two (2) years. A copy of all paperwork on a minor shall be forwarded to the department within thirty (30) business days following the performance of the body piercing procedure, and the department shall retain such paperwork for two (2) years. The paperwork shall include, but not be limited to: (1) The signed document that explains the manner in which the procedure will be performed and the methods for proper care; (2) A copy of the proof of age; (3) The statement in writing that the individual is the minor's parent, legal guardian or legal custodian; and (4) The signed statement that provides consent to perform a body piercing procedure on a minor that stipulates that the individual understands the consequences for falsifying the individual's legal standing as to parentage or being the legal guardian or legal custodian. Acts 2001, ch. 336, § 6; 2008 , ch. 803, § 3.
(a) No person shall perform a body piercing procedure on an individual who is under eighteen (18) years of age unless written consent has been given by the individual's parent, legal guardian or legal custodian in accordance with subsection (b); however, this subsection (a) shall not apply to an individual who has been emancipated by marriage or by a court order directly pertaining to body piercing.
(b) A parent, legal guardian or legal custodian of an individual under age eighteen (18) who desires to give consent to a business for performance of a body piercing procedure on the individual under the age of eighteen (18) shall do all of the following: (1) Appear in person at the business at the time the procedure is performed; (2) Sign a document provided by the business that explains the manner in which the procedure will be performed and the methods for proper care of the affected body area following performance of the procedure; (3) Produce proof of age; (4) Sign a statement that the individual is the minor's parent, legal guardian or legal custodian; (5) (A) Present proof of guardianship or custody of the minor; (B) For purposes of subdivision (b)(5)(A), "proof of guardianship or custody" includes a copy of an order of guardianship, a decree for custody, a birth certificate or any other form of proof of guardianship or custody that is permitted by rule of the department of health; and (6) Sign a statement as specified by rule stating in writing that the individual consents to the procedure being performed on the minor and that the individual providing consent is in fact the parent, legal guardian or legal custodian of the minor. The statement shall include the following declarations and disclosures: (A) The undersigned is fully aware that to falsify legal standing as to parentage or being the legal guardian or legal custodian is a Class C misdemeanor; and (B) Pursuant to § 40-35-111 , a Class C misdemeanor means imprisonment for a period of no greater than thirty (30) days or a fine not to exceed fifty dollars ($50.00), or both.
(1) Appear in person at the business at the time the procedure is performed;
(2) Sign a document provided by the business that explains the manner in which the procedure will be performed and the methods for proper care of the affected body area following performance of the procedure;
(3) Produce proof of age;
(4) Sign a statement that the individual is the minor's parent, legal guardian or legal custodian;
(5) (A) Present proof of guardianship or custody of the minor; (B) For purposes of subdivision (b)(5)(A), "proof of guardianship or custody" includes a copy of an order of guardianship, a decree for custody, a birth certificate or any other form of proof of guardianship or custody that is permitted by rule of the department of health; and
(A) Present proof of guardianship or custody of the minor;
(B) For purposes of subdivision (b)(5)(A), "proof of guardianship or custody" includes a copy of an order of guardianship, a decree for custody, a birth certificate or any other form of proof of guardianship or custody that is permitted by rule of the department of health; and
(6) Sign a statement as specified by rule stating in writing that the individual consents to the procedure being performed on the minor and that the individual providing consent is in fact the parent, legal guardian or legal custodian of the minor. The statement shall include the following declarations and disclosures: (A) The undersigned is fully aware that to falsify legal standing as to parentage or being the legal guardian or legal custodian is a Class C misdemeanor; and (B) Pursuant to § 40-35-111 , a Class C misdemeanor means imprisonment for a period of no greater than thirty (30) days or a fine not to exceed fifty dollars ($50.00), or both.
(A) The undersigned is fully aware that to falsify legal standing as to parentage or being the legal guardian or legal custodian is a Class C misdemeanor; and
(B) Pursuant to § 40-35-111 , a Class C misdemeanor means imprisonment for a period of no greater than thirty (30) days or a fine not to exceed fifty dollars ($50.00), or both.
(c) Records of body piercing procedures performed on minors shall be maintained by the operator for two (2) years. A copy of all paperwork on a minor shall be forwarded to the department within thirty (30) business days following the performance of the body piercing procedure, and the department shall retain such paperwork for two (2) years. The paperwork shall include, but not be limited to: (1) The signed document that explains the manner in which the procedure will be performed and the methods for proper care; (2) A copy of the proof of age; (3) The statement in writing that the individual is the minor's parent, legal guardian or legal custodian; and (4) The signed statement that provides consent to perform a body piercing procedure on a minor that stipulates that the individual understands the consequences for falsifying the individual's legal standing as to parentage or being the legal guardian or legal custodian.
(1) The signed document that explains the manner in which the procedure will be performed and the methods for proper care;
(2) A copy of the proof of age;
(3) The statement in writing that the individual is the minor's parent, legal guardian or legal custodian; and
(4) The signed statement that provides consent to perform a body piercing procedure on a minor that stipulates that the individual understands the consequences for falsifying the individual's legal standing as to parentage or being the legal guardian or legal custodian.
Acts 2001, ch. 336, § 6; 2008 , ch. 803, § 3.
Tenn. Code Ann. § 62-35-131 — TN Code / Title 62 / Chapter 35 / Section 62-35-131
Regulation by municipalities, counties or other political subdivisions
Status: in_force

(a) (1) No licensee or registrant shall be required to obtain any authorization, permit or license from or to pay any other fee or post a bond in any municipality, county or other political subdivision of this state to engage in any business or activity regulated under this chapter. (2) Notwithstanding subdivision (a)(1), a municipality, county or other political subdivision of this state may impose: (A) A bona fide business tax; and (B) Regulations upon any person who furnishes street patrol services, including a requirement that the person register with a designated agency. (b) When a security guard/officer is working in another jurisdiction other than the security guard/officer's primary county, the chief law enforcement officer of the county in which the security guard/officer is working shall be notified where the security guard/officer will be assigned and the length of the assignment. This shall be done in writing by the employer of the security guard/officer, unless other arrangements are made with the chief law enforcement officer of the county within five (5) days of the date of first service. The chief law enforcement officer and the officers/deputies shall recognize the state-issued security armed card as valid in their jurisdiction while any security guard/officer is traveling to or from a job site and while performing duties while at the job site, or while any representative of a security company, supervisor or officers are traveling to or from job sites or operating as a street patrol service. (c) The chief law enforcement officer of a county may require an individual to present proof of compliance with this chapter. (d) The chief law enforcement officer shall waive provisions relative to training for those individuals properly and duly registered and in possession of a valid armed registration card. If a valid objection exists, however, proof or information indicating training should not be waived shall be sent to the commissioner or the commissioner's designee within ten (10) days of the objection, along with a written explanation of the chief law enforcement officer's objection. A security guard/officer shall not work in any jurisdiction in which the chief law enforcement officer has a pending objection to the training qualifications of the security guard/officer. (e) In any county having a metropolitan form of government, the chief of police shall be the chief law enforcement officer (CLEO). In counties not having a metropolitan form of government the sheriff shall be the CLEO. Acts 1987, ch. 436, § 32; 1988, ch. 987, § 14; 1996, ch. 675, § 68; 1996, ch. 1009, §14; 2001, ch. 452, § 1.
(a) (1) No licensee or registrant shall be required to obtain any authorization, permit or license from or to pay any other fee or post a bond in any municipality, county or other political subdivision of this state to engage in any business or activity regulated under this chapter. (2) Notwithstanding subdivision (a)(1), a municipality, county or other political subdivision of this state may impose: (A) A bona fide business tax; and (B) Regulations upon any person who furnishes street patrol services, including a requirement that the person register with a designated agency.
(1) No licensee or registrant shall be required to obtain any authorization, permit or license from or to pay any other fee or post a bond in any municipality, county or other political subdivision of this state to engage in any business or activity regulated under this chapter.
(2) Notwithstanding subdivision (a)(1), a municipality, county or other political subdivision of this state may impose: (A) A bona fide business tax; and (B) Regulations upon any person who furnishes street patrol services, including a requirement that the person register with a designated agency.
(A) A bona fide business tax; and
(B) Regulations upon any person who furnishes street patrol services, including a requirement that the person register with a designated agency.
(b) When a security guard/officer is working in another jurisdiction other than the security guard/officer's primary county, the chief law enforcement officer of the county in which the security guard/officer is working shall be notified where the security guard/officer will be assigned and the length of the assignment. This shall be done in writing by the employer of the security guard/officer, unless other arrangements are made with the chief law enforcement officer of the county within five (5) days of the date of first service. The chief law enforcement officer and the officers/deputies shall recognize the state-issued security armed card as valid in their jurisdiction while any security guard/officer is traveling to or from a job site and while performing duties while at the job site, or while any representative of a security company, supervisor or officers are traveling to or from job sites or operating as a street patrol service.
(c) The chief law enforcement officer of a county may require an individual to present proof of compliance with this chapter.
(d) The chief law enforcement officer shall waive provisions relative to training for those individuals properly and duly registered and in possession of a valid armed registration card. If a valid objection exists, however, proof or information indicating training should not be waived shall be sent to the commissioner or the commissioner's designee within ten (10) days of the objection, along with a written explanation of the chief law enforcement officer's objection. A security guard/officer shall not work in any jurisdiction in which the chief law enforcement officer has a pending objection to the training qualifications of the security guard/officer.
(e) In any county having a metropolitan form of government, the chief of police shall be the chief law enforcement officer (CLEO). In counties not having a metropolitan form of government the sheriff shall be the CLEO.
Acts 1987, ch. 436, § 32; 1988, ch. 987, § 14; 1996, ch. 675, § 68; 1996, ch. 1009, §14; 2001, ch. 452, § 1.
Tenn. Code Ann. § 62-35-124 — TN Code / Title 62 / Chapter 35 / Section 62-35-124
Registration cards - Notice concerning eligibility to hold
Status: in_force

(a) A licensee or proprietary security organization shall immediately notify the commissioner upon receipt of any information relating to a registrant's continuing eligibility to hold a registration card under this chapter. (b) A licensee or proprietary security organization shall provide written notice to the commissioner or the commissioner's designee of any arrest or conviction, or both, except for minor traffic violations, within thirty (30) days of being notified or learning of the arrest or conviction, or both, of: (1) The licensee or its qualifying agent; or (2) Any person employed as a security guard/officer by the licensee or the proprietary security organization. Acts 1987, ch. 436, § 24; 1996, ch. 1009, § 2.
(a) A licensee or proprietary security organization shall immediately notify the commissioner upon receipt of any information relating to a registrant's continuing eligibility to hold a registration card under this chapter.
(b) A licensee or proprietary security organization shall provide written notice to the commissioner or the commissioner's designee of any arrest or conviction, or both, except for minor traffic violations, within thirty (30) days of being notified or learning of the arrest or conviction, or both, of: (1) The licensee or its qualifying agent; or (2) Any person employed as a security guard/officer by the licensee or the proprietary security organization.
(1) The licensee or its qualifying agent; or
(2) Any person employed as a security guard/officer by the licensee or the proprietary security organization.
Acts 1987, ch. 436, § 24; 1996, ch. 1009, § 2.
Tenn. Code Ann. § 62-6-127 — TN Code / Title 62 / Chapter 6 / Section 62-6-127
Reserved
Status: repealed

Repealed by 2013 Tenn. Acts, ch. 211,s 3, eff. 7/1/2013. Acts 1994, ch. 866, § 1.
Repealed by 2013 Tenn. Acts, ch. 211,s 3, eff. 7/1/2013.
Acts 1994, ch. 866, § 1.
Tenn. Code Ann. § 62-10-108 — TN Code / Title 62 / Chapter 10 / Section 62-10-108
Penalty
Status: in_force

A violation of this chapter is a Class C misdemeanor. Acts 1937, ch. 94, § 8; C. Supp. 1950, § 7182.48 (Williams, § 7182.50); T.C.A. (orig. ed.), § 62-1008; Acts 1989, ch. 591, § 113.
A violation of this chapter is a Class C misdemeanor.
Acts 1937, ch. 94, § 8; C. Supp. 1950, § 7182.48 (Williams, § 7182.50); T.C.A. (orig. ed.), § 62-1008; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 62-5-501 — TN Code / Title 62 / Chapter 5 / Section 62-5-501
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Body parts" means limbs or other portions of the anatomy that are removed from a living person for medical purposes during biopsy, treatment or surgery. "Body parts" also includes dead human bodies that have been donated to science for purposes of medical education or research and any parts of such a dead human body that were removed for those purposes. Nothing in this part shall be construed to permit the cremation of medical waste at the request of a hospital or other institution. Only the individual from whose body the parts were removed or the individual's duly appointed representative may make arrangements with the crematory for the cremation of body parts; (2) "Casket" means a rigid container that is designed for the encasement of a dead human body and that is constructed of wood, metal or another rigid material, is ornamented and lined with fabric and may or may not be combustible; (3) "Temporary container" means a receptacle for cremated remains composed of cardboard, plastic, metal or another material that can be closed in a manner that prevents the leakage or spillage of the cremated remains and the entrance of foreign material and that is of sufficient size to hold the cremated remains until they are placed in an urn or scattered; and (4) "Urn" means a receptacle designed to encase cremated remains permanently. Acts 1999, ch. 215, § 1; 2000, ch. 779, § 1.
As used in this part, unless the context otherwise requires:
(1) "Body parts" means limbs or other portions of the anatomy that are removed from a living person for medical purposes during biopsy, treatment or surgery. "Body parts" also includes dead human bodies that have been donated to science for purposes of medical education or research and any parts of such a dead human body that were removed for those purposes. Nothing in this part shall be construed to permit the cremation of medical waste at the request of a hospital or other institution. Only the individual from whose body the parts were removed or the individual's duly appointed representative may make arrangements with the crematory for the cremation of body parts;
(2) "Casket" means a rigid container that is designed for the encasement of a dead human body and that is constructed of wood, metal or another rigid material, is ornamented and lined with fabric and may or may not be combustible;
(3) "Temporary container" means a receptacle for cremated remains composed of cardboard, plastic, metal or another material that can be closed in a manner that prevents the leakage or spillage of the cremated remains and the entrance of foreign material and that is of sufficient size to hold the cremated remains until they are placed in an urn or scattered; and
(4) "Urn" means a receptacle designed to encase cremated remains permanently.
Acts 1999, ch. 215, § 1; 2000, ch. 779, § 1.
Tenn. Code Ann. § 62-9-102 — TN Code / Title 62 / Chapter 9 / Section 62-9-102
Scrap metal dealer registration - Disclosure of conviction - Effect of conviction - Expiration - Place of business
Status: in_force

(a) (1) Except as provided in subsection (f), no dealer shall purchase, deal, or otherwise engage in the scrap metal business unless the dealer is registered with the department. (2) Any registration under this chapter expires two (2) years from the date of the registration or the renewal of the registration. (3) The commissioner may promulgate and adopt rules that are reasonably necessary to carry out this chapter. The commissioner shall establish registration and renewal fees that are adequate to cover the administrative costs associated with the registration program. (b) Included on each registration and renewal form must be a section in which the registrant declares, under penalty of perjury pursuant to § 39-16-702(a)(3) , whether the registrant has ever been convicted of a violation of this chapter or convicted of the criminal offense of theft, burglary or vandalism, where the offense involves scrap metal. If the registrant is a legally cognizable organization or entity, convictions of theft, burglary or vandalism, where the offense involves scrap metal, by any member, as defined in title 48, of the organization or entity must be disclosed on the application. Convictions of theft, burglary or vandalism, where the offense involves scrap metal, by members of organizations or entities constitute convictions by the registrant for purposes of subsection (c). (c) A registrant who has been convicted of a violation of this chapter or has a conviction for the criminal offense of theft, burglary or vandalism, where the offense involves scrap metal, is prohibited from registering under this chapter for five (5) years from the date of conviction. (d) Notwithstanding any law to the contrary, a registration issued pursuant to this chapter does not expire immediately upon the death of the registrant. The registration continues to be effective for the locations designated in the registration for a period of at least sixty (60) days after the death of the registrant. The sixty-day period may be extended by the commissioner for good cause. (e) Notwithstanding any law to the contrary, a registration issued pursuant to this chapter expires upon notification to the department that the registrant is no longer in business at the registered location. (f) Notwithstanding subsection (a): (1) Nothing in this chapter requires an employee of a registered scrap metal dealer to secure a registration under this chapter as long as the employee remains an employee of the registered scrap metal dealer; and (2) Nothing in this chapter prohibits a registered scrap metal dealer from employing another registered scrap metal dealer. (g) This chapter does not require a registered scrap metal dealer to separately register a scrap metal business. However, upon a scrap metal dealer's registration and subsequent renewals of registration, a scrap metal dealer shall list each place of business within this state with reference to its specific location. (h) Registrations under this chapter are subject to late renewal for a period of sixty (60) days following their expiration date. The fee for a late renewal equals the fee for a timely renewal plus a penalty as set by the commissioner. Amended by 2021 Tenn. Acts, ch. 549, s 18, eff. 10/1/2021. Amended by 2021 Tenn. Acts, ch. 549, s 17, eff. 10/1/2021. Amended by 2017 Tenn. Acts, ch. 414, s 2, eff. 7/1/2017. Amended by 2013 Tenn. Acts, ch. 271, s 1, eff. 7/1/2013. Acts 2008 , ch. 690, §1; 2012 , ch. 969, § 5.
(a) (1) Except as provided in subsection (f), no dealer shall purchase, deal, or otherwise engage in the scrap metal business unless the dealer is registered with the department. (2) Any registration under this chapter expires two (2) years from the date of the registration or the renewal of the registration. (3) The commissioner may promulgate and adopt rules that are reasonably necessary to carry out this chapter. The commissioner shall establish registration and renewal fees that are adequate to cover the administrative costs associated with the registration program.
(1) Except as provided in subsection (f), no dealer shall purchase, deal, or otherwise engage in the scrap metal business unless the dealer is registered with the department.
(2) Any registration under this chapter expires two (2) years from the date of the registration or the renewal of the registration.
(3) The commissioner may promulgate and adopt rules that are reasonably necessary to carry out this chapter. The commissioner shall establish registration and renewal fees that are adequate to cover the administrative costs associated with the registration program.
(b) Included on each registration and renewal form must be a section in which the registrant declares, under penalty of perjury pursuant to § 39-16-702(a)(3) , whether the registrant has ever been convicted of a violation of this chapter or convicted of the criminal offense of theft, burglary or vandalism, where the offense involves scrap metal. If the registrant is a legally cognizable organization or entity, convictions of theft, burglary or vandalism, where the offense involves scrap metal, by any member, as defined in title 48, of the organization or entity must be disclosed on the application. Convictions of theft, burglary or vandalism, where the offense involves scrap metal, by members of organizations or entities constitute convictions by the registrant for purposes of subsection (c).
(c) A registrant who has been convicted of a violation of this chapter or has a conviction for the criminal offense of theft, burglary or vandalism, where the offense involves scrap metal, is prohibited from registering under this chapter for five (5) years from the date of conviction.
(d) Notwithstanding any law to the contrary, a registration issued pursuant to this chapter does not expire immediately upon the death of the registrant. The registration continues to be effective for the locations designated in the registration for a period of at least sixty (60) days after the death of the registrant. The sixty-day period may be extended by the commissioner for good cause.
(e) Notwithstanding any law to the contrary, a registration issued pursuant to this chapter expires upon notification to the department that the registrant is no longer in business at the registered location.
(f) Notwithstanding subsection (a): (1) Nothing in this chapter requires an employee of a registered scrap metal dealer to secure a registration under this chapter as long as the employee remains an employee of the registered scrap metal dealer; and (2) Nothing in this chapter prohibits a registered scrap metal dealer from employing another registered scrap metal dealer.
(1) Nothing in this chapter requires an employee of a registered scrap metal dealer to secure a registration under this chapter as long as the employee remains an employee of the registered scrap metal dealer; and
(2) Nothing in this chapter prohibits a registered scrap metal dealer from employing another registered scrap metal dealer.
(g) This chapter does not require a registered scrap metal dealer to separately register a scrap metal business. However, upon a scrap metal dealer's registration and subsequent renewals of registration, a scrap metal dealer shall list each place of business within this state with reference to its specific location.
(h) Registrations under this chapter are subject to late renewal for a period of sixty (60) days following their expiration date. The fee for a late renewal equals the fee for a timely renewal plus a penalty as set by the commissioner.
Amended by 2021 Tenn. Acts, ch. 549, s 18, eff. 10/1/2021.
Amended by 2021 Tenn. Acts, ch. 549, s 17, eff. 10/1/2021.
Amended by 2017 Tenn. Acts, ch. 414, s 2, eff. 7/1/2017.
Amended by 2013 Tenn. Acts, ch. 271, s 1, eff. 7/1/2013.
Acts 2008 , ch. 690, §1; 2012 , ch. 969, § 5.
Tenn. Code Ann. § 62-18-108 — TN Code / Title 62 / Chapter 18 / Section 62-18-108
Records
Status: in_force

(a) The board shall keep a record of its proceedings and register of all applicants for registration, showing for each the date of application, name, age, educational and other qualifications, place of business and place of residence, whether or not an examination was required and whether the applicant was rejected or a certificate of registration granted, and the date of such action. (b) The books and register of the board shall be prima facie evidence of all matters recorded in the books and register. (c) A roster showing the names and places of business and of residence of all registered land surveyors shall be prepared by the secretary of the board each year. The roster may be printed out of the funds of the board as provided in § 62-18-107 . Acts 1969, ch. 207, § 8; 1975, ch. 165, § 12; 1978, ch. 906, § 28; T.C.A., § 62-1808; Acts 1983, ch. 257, §§ 2, 3; 2001, ch. 261, § 3.
(a) The board shall keep a record of its proceedings and register of all applicants for registration, showing for each the date of application, name, age, educational and other qualifications, place of business and place of residence, whether or not an examination was required and whether the applicant was rejected or a certificate of registration granted, and the date of such action.
(b) The books and register of the board shall be prima facie evidence of all matters recorded in the books and register.
(c) A roster showing the names and places of business and of residence of all registered land surveyors shall be prepared by the secretary of the board each year. The roster may be printed out of the funds of the board as provided in § 62-18-107 .
Acts 1969, ch. 207, § 8; 1975, ch. 165, § 12; 1978, ch. 906, § 28; T.C.A., § 62-1808; Acts 1983, ch. 257, §§ 2, 3; 2001, ch. 261, § 3.
Tenn. Code Ann. § 62-13-314 — TN Code / Title 62 / Chapter 13 / Section 62-13-314
Reciprocity - Service of process on nonresidents
Status: in_force

(a) (1) A nonresident of this state who is a licensed broker, affiliate broker or time-share salesperson or equivalent real estate licensee in another state may apply for a license as a broker or affiliate broker in this state by submitting appropriate application to the commission. (2) The nonresident applicant need not maintain a place of business within this state; provided, that the applicant is regularly engaged in the real estate business and maintains a place of business in the other state. (3) The commission may issue the appropriate license to the nonresident applicant if: (A) The applicant has qualified for the license held in the applicant's state of residence by written examination; (B) The applicant meets or exceeds each of the qualifications for licensure in this state; (C) The applicant certifies that the applicant has read this chapter and the rules and regulations promulgated under this chapter; and (D) The applicant's state of residence permits the issuance of licenses without written examination to brokers, affiliate brokers and time share salespersons resident in and licensed by this state. (4) The commission may, in its discretion, refuse to issue, renew or reinstate a broker's, affiliate broker's or time share salesperson's license if the applicant for, or holder of, the license is not a resident of this state. (b) (1) Every nonresident applicant shall file an irrevocable consent that legal actions may be commenced against the nonresident applicant in the proper court of any county of this state in which a cause of action may arise or in which the plaintiff may reside by service of process or pleading authorized by the laws of this state or by any member of the commission or the director of the commission, the consent stipulating that the service of process or pleading shall be taken in all courts to be valid and binding as if personal service had been made upon the nonresident licensee in this state. (2) The consent shall be duly acknowledged and, if made by a corporation, shall be authenticated by its seal. (3) Any service of process or pleading shall be served on the executive director of the commission by filing duplicate copies, one (1) of which shall be filed in the office of the commission and the other forwarded by registered mail to the last known principal address of the nonresident licensee against whom the process or pleading is directed; and no default in any such action shall be taken except upon affidavit certification of the commission or the director of the commission, that a copy of the process or pleading was mailed to the defendant as provided in this subdivision (b)(3), and no default judgment shall be taken in any such action or proceeding until thirty (30) days after the day of mailing of process or pleading to the defendant. (c) Notwithstanding any law to the contrary, the Tennessee real estate commission has the authority to enter into reciprocity agreements with another state, if in the judgment of the commission that state has meaningful requirements for licensure. The reciprocity agreement may authorize the licensure of Tennessee licensees in that state and for the licensure of licensees of that state in this state. Acts 1973, ch. 181, § 13(b), (c); 1977, ch. 206, §§ 1, 2; 1980, ch. 870, § 6; 1981, ch. 473, §§ 13, 14; T.C.A., § 62-1330; Acts 1988, ch. 919, § 10; 1989, ch. 89, §§ 17-19; 1997, ch. 36, § 1.
(a) (1) A nonresident of this state who is a licensed broker, affiliate broker or time-share salesperson or equivalent real estate licensee in another state may apply for a license as a broker or affiliate broker in this state by submitting appropriate application to the commission. (2) The nonresident applicant need not maintain a place of business within this state; provided, that the applicant is regularly engaged in the real estate business and maintains a place of business in the other state. (3) The commission may issue the appropriate license to the nonresident applicant if: (A) The applicant has qualified for the license held in the applicant's state of residence by written examination; (B) The applicant meets or exceeds each of the qualifications for licensure in this state; (C) The applicant certifies that the applicant has read this chapter and the rules and regulations promulgated under this chapter; and (D) The applicant's state of residence permits the issuance of licenses without written examination to brokers, affiliate brokers and time share salespersons resident in and licensed by this state. (4) The commission may, in its discretion, refuse to issue, renew or reinstate a broker's, affiliate broker's or time share salesperson's license if the applicant for, or holder of, the license is not a resident of this state.
(1) A nonresident of this state who is a licensed broker, affiliate broker or time-share salesperson or equivalent real estate licensee in another state may apply for a license as a broker or affiliate broker in this state by submitting appropriate application to the commission.
(2) The nonresident applicant need not maintain a place of business within this state; provided, that the applicant is regularly engaged in the real estate business and maintains a place of business in the other state.
(3) The commission may issue the appropriate license to the nonresident applicant if: (A) The applicant has qualified for the license held in the applicant's state of residence by written examination; (B) The applicant meets or exceeds each of the qualifications for licensure in this state; (C) The applicant certifies that the applicant has read this chapter and the rules and regulations promulgated under this chapter; and (D) The applicant's state of residence permits the issuance of licenses without written examination to brokers, affiliate brokers and time share salespersons resident in and licensed by this state.
(A) The applicant has qualified for the license held in the applicant's state of residence by written examination;
(B) The applicant meets or exceeds each of the qualifications for licensure in this state;
(C) The applicant certifies that the applicant has read this chapter and the rules and regulations promulgated under this chapter; and
(D) The applicant's state of residence permits the issuance of licenses without written examination to brokers, affiliate brokers and time share salespersons resident in and licensed by this state.
(4) The commission may, in its discretion, refuse to issue, renew or reinstate a broker's, affiliate broker's or time share salesperson's license if the applicant for, or holder of, the license is not a resident of this state.
(b) (1) Every nonresident applicant shall file an irrevocable consent that legal actions may be commenced against the nonresident applicant in the proper court of any county of this state in which a cause of action may arise or in which the plaintiff may reside by service of process or pleading authorized by the laws of this state or by any member of the commission or the director of the commission, the consent stipulating that the service of process or pleading shall be taken in all courts to be valid and binding as if personal service had been made upon the nonresident licensee in this state. (2) The consent shall be duly acknowledged and, if made by a corporation, shall be authenticated by its seal. (3) Any service of process or pleading shall be served on the executive director of the commission by filing duplicate copies, one (1) of which shall be filed in the office of the commission and the other forwarded by registered mail to the last known principal address of the nonresident licensee against whom the process or pleading is directed; and no default in any such action shall be taken except upon affidavit certification of the commission or the director of the commission, that a copy of the process or pleading was mailed to the defendant as provided in this subdivision (b)(3), and no default judgment shall be taken in any such action or proceeding until thirty (30) days after the day of mailing of process or pleading to the defendant.
(1) Every nonresident applicant shall file an irrevocable consent that legal actions may be commenced against the nonresident applicant in the proper court of any county of this state in which a cause of action may arise or in which the plaintiff may reside by service of process or pleading authorized by the laws of this state or by any member of the commission or the director of the commission, the consent stipulating that the service of process or pleading shall be taken in all courts to be valid and binding as if personal service had been made upon the nonresident licensee in this state.
(2) The consent shall be duly acknowledged and, if made by a corporation, shall be authenticated by its seal.
(3) Any service of process or pleading shall be served on the executive director of the commission by filing duplicate copies, one (1) of which shall be filed in the office of the commission and the other forwarded by registered mail to the last known principal address of the nonresident licensee against whom the process or pleading is directed; and no default in any such action shall be taken except upon affidavit certification of the commission or the director of the commission, that a copy of the process or pleading was mailed to the defendant as provided in this subdivision (b)(3), and no default judgment shall be taken in any such action or proceeding until thirty (30) days after the day of mailing of process or pleading to the defendant.
(c) Notwithstanding any law to the contrary, the Tennessee real estate commission has the authority to enter into reciprocity agreements with another state, if in the judgment of the commission that state has meaningful requirements for licensure. The reciprocity agreement may authorize the licensure of Tennessee licensees in that state and for the licensure of licensees of that state in this state.
Acts 1973, ch. 181, § 13(b), (c); 1977, ch. 206, §§ 1, 2; 1980, ch. 870, § 6; 1981, ch. 473, §§ 13, 14; T.C.A., § 62-1330; Acts 1988, ch. 919, § 10; 1989, ch. 89, §§ 17-19; 1997, ch. 36, § 1.
Tenn. Code Ann. § 62-18-101 — TN Code / Title 62 / Chapter 18 / Section 62-18-101
Registration requirement
Status: in_force

(a) In order to safeguard the life, health or property of the public, the practice of land surveying in this state is declared to be subject to regulation in the public interest. (b) It is unlawful for any person to practice or offer to practice land surveying in the state or to use in connection with the person's name or otherwise assume or advertise any title or description tending to convey the impression that the person is a land surveyor, unless the person has been duly registered or exempted under this part. Acts 1969, ch. 207, § 1; T.C.A., § 62-1801.
(a) In order to safeguard the life, health or property of the public, the practice of land surveying in this state is declared to be subject to regulation in the public interest.
(b) It is unlawful for any person to practice or offer to practice land surveying in the state or to use in connection with the person's name or otherwise assume or advertise any title or description tending to convey the impression that the person is a land surveyor, unless the person has been duly registered or exempted under this part.
Acts 1969, ch. 207, § 1; T.C.A., § 62-1801.
Tenn. Code Ann. § 62-39-307 — TN Code / Title 62 / Chapter 39 / Section 62-39-307
Current, valid license - Application for renewal - Refusal to renew
Status: in_force

(a) To renew a current, valid real estate appraiser license, the holder of the license shall file an application on a form approved by the commission and pay the prescribed renewal fee to the commission no earlier than one hundred twenty (120) days prior to the expiration date of the license then held. Each application for renewal shall be accompanied by evidence in the form prescribed by the commission of having completed the continuing education requirement for renewal specified in this chapter. (b) The commission may refuse to renew any license if the licensee has continued to perform real estate appraisal activities in this state following the expiration of the license. Amended by 2014 Tenn. Acts, ch. 570, s 1, eff. 7/1/2014. Acts 1990, ch. 865, § 16; 1991, ch. 366, § 18.
(a) To renew a current, valid real estate appraiser license, the holder of the license shall file an application on a form approved by the commission and pay the prescribed renewal fee to the commission no earlier than one hundred twenty (120) days prior to the expiration date of the license then held. Each application for renewal shall be accompanied by evidence in the form prescribed by the commission of having completed the continuing education requirement for renewal specified in this chapter.
(b) The commission may refuse to renew any license if the licensee has continued to perform real estate appraisal activities in this state following the expiration of the license.
Amended by 2014 Tenn. Acts, ch. 570, s 1, eff. 7/1/2014.
Acts 1990, ch. 865, § 16; 1991, ch. 366, § 18.
Tenn. Code Ann. § 62-1-122 — TN Code / Title 62 / Chapter 1 / Section 62-1-122
Payments to obtain clients or for referrals
Status: in_force

(a) (1) A licensee shall neither pay any consideration or commission to obtain a client nor accept any consideration or commission for the referral of a client to others when the licensee or the licensee's firm also performs for that client any of the following: (A) An audit or review of a financial statement; (B) A compilation of a financial statement when the licensee expects, or reasonably might expect, that a third party will use the financial statement and the licensee's compilation does not disclose a lack of independence; or (C) An examination of prospective financial information. (2) The prohibition in subdivision (a)(1) applies during the period in which the licensee is engaged to perform any of the services listed in subdivision (a)(1) and the period covered by any historical financial statements involved in the services listed in subdivision (a)(1). (b) A licensee who is not prohibited by subdivision (a)(1) from performing services or receiving consideration or a commission and who is paid or expects to be paid consideration or a commission shall disclose that fact in compliance with the requirements of this section to any person who the licensee recommends or refers a product or service to which the commission relates. (c) Any licensee who accepts consideration or a commission for a referral shall disclose the acceptance or payment to the client in compliance with the requirements of this section. (d) The board shall promulgate regulations specifying the terms of the disclosures required by subsections (b) and (c) and the manner in which the disclosures shall be made. The regulations shall comply with the following: (1) The disclosure must be in writing and be clear and conspicuous; (2) The disclosure must state the amount of the consideration or commission or must state the basis on which it will be computed; and (3) The disclosure must be made at or prior to the time of the recommendation or referral of the product or service for which consideration or commission is paid or prior to the client retaining the licensee to whom the client has been referred for which a referral fee is paid. (e) Nothing in this section shall be construed to prohibit: (1) Payments for the purchase of all, or a part, of an accounting practice; (2) Retirement payments to persons formerly engaged in the practice of accountancy or payments to the heirs or estates of those persons; or (3) Payments, including incentive or bonus payments, to employees or members of an accounting firm as compensation for their services. Acts 1990, ch. 927, § 3; 1994, ch. 674, § 25; 1997, ch. 68, § 10; 1998, ch. 700, § 11.
(a) (1) A licensee shall neither pay any consideration or commission to obtain a client nor accept any consideration or commission for the referral of a client to others when the licensee or the licensee's firm also performs for that client any of the following: (A) An audit or review of a financial statement; (B) A compilation of a financial statement when the licensee expects, or reasonably might expect, that a third party will use the financial statement and the licensee's compilation does not disclose a lack of independence; or (C) An examination of prospective financial information. (2) The prohibition in subdivision (a)(1) applies during the period in which the licensee is engaged to perform any of the services listed in subdivision (a)(1) and the period covered by any historical financial statements involved in the services listed in subdivision (a)(1).
(1) A licensee shall neither pay any consideration or commission to obtain a client nor accept any consideration or commission for the referral of a client to others when the licensee or the licensee's firm also performs for that client any of the following: (A) An audit or review of a financial statement; (B) A compilation of a financial statement when the licensee expects, or reasonably might expect, that a third party will use the financial statement and the licensee's compilation does not disclose a lack of independence; or (C) An examination of prospective financial information.
(A) An audit or review of a financial statement;
(B) A compilation of a financial statement when the licensee expects, or reasonably might expect, that a third party will use the financial statement and the licensee's compilation does not disclose a lack of independence; or
(C) An examination of prospective financial information.
(2) The prohibition in subdivision (a)(1) applies during the period in which the licensee is engaged to perform any of the services listed in subdivision (a)(1) and the period covered by any historical financial statements involved in the services listed in subdivision (a)(1).
(b) A licensee who is not prohibited by subdivision (a)(1) from performing services or receiving consideration or a commission and who is paid or expects to be paid consideration or a commission shall disclose that fact in compliance with the requirements of this section to any person who the licensee recommends or refers a product or service to which the commission relates.
(c) Any licensee who accepts consideration or a commission for a referral shall disclose the acceptance or payment to the client in compliance with the requirements of this section.
(d) The board shall promulgate regulations specifying the terms of the disclosures required by subsections (b) and (c) and the manner in which the disclosures shall be made. The regulations shall comply with the following: (1) The disclosure must be in writing and be clear and conspicuous; (2) The disclosure must state the amount of the consideration or commission or must state the basis on which it will be computed; and (3) The disclosure must be made at or prior to the time of the recommendation or referral of the product or service for which consideration or commission is paid or prior to the client retaining the licensee to whom the client has been referred for which a referral fee is paid.
(1) The disclosure must be in writing and be clear and conspicuous;
(2) The disclosure must state the amount of the consideration or commission or must state the basis on which it will be computed; and
(3) The disclosure must be made at or prior to the time of the recommendation or referral of the product or service for which consideration or commission is paid or prior to the client retaining the licensee to whom the client has been referred for which a referral fee is paid.
(e) Nothing in this section shall be construed to prohibit: (1) Payments for the purchase of all, or a part, of an accounting practice; (2) Retirement payments to persons formerly engaged in the practice of accountancy or payments to the heirs or estates of those persons; or (3) Payments, including incentive or bonus payments, to employees or members of an accounting firm as compensation for their services.
(1) Payments for the purchase of all, or a part, of an accounting practice;
(2) Retirement payments to persons formerly engaged in the practice of accountancy or payments to the heirs or estates of those persons; or
(3) Payments, including incentive or bonus payments, to employees or members of an accounting firm as compensation for their services.
Acts 1990, ch. 927, § 3; 1994, ch. 674, § 25; 1997, ch. 68, § 10; 1998, ch. 700, § 11.
Tenn. Code Ann. § 62-21-205 — TN Code / Title 62 / Chapter 21 / Section 62-21-205
Penalty
Status: in_force

Any person issuing a wood destroying insect infestation inspection report who does not hold a valid commercial pest control charter and who is not licensed in the category of wood destroying organisms is in violation of this chapter and commits a Class A misdemeanor punishable only by a fine of no more than two thousand five hundred dollars ($2,500). Acts 2000, ch. 668, § 11.
Any person issuing a wood destroying insect infestation inspection report who does not hold a valid commercial pest control charter and who is not licensed in the category of wood destroying organisms is in violation of this chapter and commits a Class A misdemeanor punishable only by a fine of no more than two thousand five hundred dollars ($2,500).
Acts 2000, ch. 668, § 11.
Tenn. Code Ann. § 62-13-202 — TN Code / Title 62 / Chapter 13 / Section 62-13-202
Commission a judicial body - Civil liability
Status: in_force

(a) The commission is declared to be a judicial body and the members or its employees are granted immunity from any civil liability when acting in good faith in the performance of their duties under this chapter. (b) Should litigation be filed against members of the commission arising from the performance of their duties under this chapter, the commissioners shall be defended by the attorney general and reporter. Acts 1973, ch. 181, § 16(c); T.C.A., § 62-1310.
(a) The commission is declared to be a judicial body and the members or its employees are granted immunity from any civil liability when acting in good faith in the performance of their duties under this chapter.
(b) Should litigation be filed against members of the commission arising from the performance of their duties under this chapter, the commissioners shall be defended by the attorney general and reporter.
Acts 1973, ch. 181, § 16(c); T.C.A., § 62-1310.
Tenn. Code Ann. § 62-39-413 — TN Code / Title 62 / Chapter 39 / Section 62-39-413
License requirement for employees and independent contractors - Declining letters of engagement
Status: in_force

Any employee or independent contractor of the appraisal management company who performs an appraisal review service on an appraisal done on real property located within Tennessee must be an individual who holds a license as defined in § 62-39-102 or certification as defined in § 62-39-102 . Letters of engagement shall include instructions to the appraiser to decline the appraisal review assignment in the event the appraiser is not geographically competent or the assignment falls outside the appraiser's scope of practice restrictions. Acts 2010 , ch. 963, § 14.
Any employee or independent contractor of the appraisal management company who performs an appraisal review service on an appraisal done on real property located within Tennessee must be an individual who holds a license as defined in § 62-39-102 or certification as defined in § 62-39-102 . Letters of engagement shall include instructions to the appraiser to decline the appraisal review assignment in the event the appraiser is not geographically competent or the assignment falls outside the appraiser's scope of practice restrictions.
Acts 2010 , ch. 963, § 14.
Tenn. Code Ann. § 62-5-607 — TN Code / Title 62 / Chapter 5 / Section 62-5-607
Review of approved courses
Status: in_force

(a) Each continuing education course approved by the board may subsequently be reviewed and, upon evidence of significant variation from the program application submitted, all or any part of the approved hours may be disapproved. (b) The board or its representative shall be admitted to continuing education courses at no charge in order to monitor the licensees present, the content of the course and supporting paperwork. Acts 1997, ch. 275, § 8.
(a) Each continuing education course approved by the board may subsequently be reviewed and, upon evidence of significant variation from the program application submitted, all or any part of the approved hours may be disapproved.
(b) The board or its representative shall be admitted to continuing education courses at no charge in order to monitor the licensees present, the content of the course and supporting paperwork.
Acts 1997, ch. 275, § 8.
Tenn. Code Ann. § 62-13-304 — TN Code / Title 62 / Chapter 13 / Section 62-13-304
Written examinations
Status: in_force

(a) (1) In addition to submitting proof of honesty, trustworthiness, integrity and good reputation, each applicant shall pass a written examination prepared by or under the supervision of the commission. (2) The examination may be given orally at the discretion of the commission if a written examination is precluded by reason of physical disability. (3) The examination shall be given at times and places within the state that the commission shall prescribe. Notwithstanding any law to the contrary, the commission may administer the examination at requested locations and may charge special fees that the commission may deem appropriate. (4) The examination for a license shall include business ethics, composition, arithmetic, elementary principles of land economics and appraisal, closing statements, a general knowledge of the statutes of this state relating to deeds, mortgages, trust deeds, contracts of sale, leases and other related matters and the provisions of this chapter. (5) The examination for a broker's license shall be of more exacting nature and scope than the examination for an affiliate broker's license. (6) An applicant failing to pass an examination may be reexamined under rules that the commission may prescribe. (7) (A) The examination for time-share salesperson license shall include the fundamentals of the time-share business, the Tennessee Time-Share Act, compiled in title 66, chapter 32, and other related topics including the parts of this chapter relative to time-share salespersons. (B) The minimum passing grade for the time-share salesperson examination shall be seventy percent (70%). (C) An application for the time-share salesperson license examination must be received by the commission at least ten (10) days before the examination date on which the applicant wishes to be examined. (8) (A) The examination for an acquisition agent license shall be the same as the examination administered for a time-share salesperson license. (B) The minimum passing grade for an acquisition agent license examination shall be seventy percent (70%). (C) An application for the acquisition agent license examination must be received by the commission at least ten (10) days before the examination date on which the applicant wishes to be examined. (b) No applicant shall engage in the real estate business as a broker, affiliate broker, time-share salesperson or acquisition agent until satisfactorily passing the examination and complying with other requirements of this chapter and until a license has been issued to the applicant. An applicant for a time-share salesperson license or acquisition agent license who has passed the examination for either license in the twelve-month period preceding the date of application shall be deemed to have satisfied the examination requirements for the pending application. Acts 1973, ch. 181, § 9(a), (b); T.C.A., § 67-1317(a), (b); Acts 1989, ch. 89, §§ 10-12; 2002, ch. 812, §§ 6, 7; 2004, ch. 456, § 2; 2011, ch. 47, § 69.
(a) (1) In addition to submitting proof of honesty, trustworthiness, integrity and good reputation, each applicant shall pass a written examination prepared by or under the supervision of the commission. (2) The examination may be given orally at the discretion of the commission if a written examination is precluded by reason of physical disability. (3) The examination shall be given at times and places within the state that the commission shall prescribe. Notwithstanding any law to the contrary, the commission may administer the examination at requested locations and may charge special fees that the commission may deem appropriate. (4) The examination for a license shall include business ethics, composition, arithmetic, elementary principles of land economics and appraisal, closing statements, a general knowledge of the statutes of this state relating to deeds, mortgages, trust deeds, contracts of sale, leases and other related matters and the provisions of this chapter. (5) The examination for a broker's license shall be of more exacting nature and scope than the examination for an affiliate broker's license. (6) An applicant failing to pass an examination may be reexamined under rules that the commission may prescribe. (7) (A) The examination for time-share salesperson license shall include the fundamentals of the time-share business, the Tennessee Time-Share Act, compiled in title 66, chapter 32, and other related topics including the parts of this chapter relative to time-share salespersons. (B) The minimum passing grade for the time-share salesperson examination shall be seventy percent (70%). (C) An application for the time-share salesperson license examination must be received by the commission at least ten (10) days before the examination date on which the applicant wishes to be examined. (8) (A) The examination for an acquisition agent license shall be the same as the examination administered for a time-share salesperson license. (B) The minimum passing grade for an acquisition agent license examination shall be seventy percent (70%). (C) An application for the acquisition agent license examination must be received by the commission at least ten (10) days before the examination date on which the applicant wishes to be examined.
(1) In addition to submitting proof of honesty, trustworthiness, integrity and good reputation, each applicant shall pass a written examination prepared by or under the supervision of the commission.
(2) The examination may be given orally at the discretion of the commission if a written examination is precluded by reason of physical disability.
(3) The examination shall be given at times and places within the state that the commission shall prescribe. Notwithstanding any law to the contrary, the commission may administer the examination at requested locations and may charge special fees that the commission may deem appropriate.
(4) The examination for a license shall include business ethics, composition, arithmetic, elementary principles of land economics and appraisal, closing statements, a general knowledge of the statutes of this state relating to deeds, mortgages, trust deeds, contracts of sale, leases and other related matters and the provisions of this chapter.
(5) The examination for a broker's license shall be of more exacting nature and scope than the examination for an affiliate broker's license.
(6) An applicant failing to pass an examination may be reexamined under rules that the commission may prescribe.
(7) (A) The examination for time-share salesperson license shall include the fundamentals of the time-share business, the Tennessee Time-Share Act, compiled in title 66, chapter 32, and other related topics including the parts of this chapter relative to time-share salespersons. (B) The minimum passing grade for the time-share salesperson examination shall be seventy percent (70%). (C) An application for the time-share salesperson license examination must be received by the commission at least ten (10) days before the examination date on which the applicant wishes to be examined.
(A) The examination for time-share salesperson license shall include the fundamentals of the time-share business, the Tennessee Time-Share Act, compiled in title 66, chapter 32, and other related topics including the parts of this chapter relative to time-share salespersons.
(B) The minimum passing grade for the time-share salesperson examination shall be seventy percent (70%).
(C) An application for the time-share salesperson license examination must be received by the commission at least ten (10) days before the examination date on which the applicant wishes to be examined.
(8) (A) The examination for an acquisition agent license shall be the same as the examination administered for a time-share salesperson license. (B) The minimum passing grade for an acquisition agent license examination shall be seventy percent (70%). (C) An application for the acquisition agent license examination must be received by the commission at least ten (10) days before the examination date on which the applicant wishes to be examined.
(A) The examination for an acquisition agent license shall be the same as the examination administered for a time-share salesperson license.
(B) The minimum passing grade for an acquisition agent license examination shall be seventy percent (70%).
(C) An application for the acquisition agent license examination must be received by the commission at least ten (10) days before the examination date on which the applicant wishes to be examined.
(b) No applicant shall engage in the real estate business as a broker, affiliate broker, time-share salesperson or acquisition agent until satisfactorily passing the examination and complying with other requirements of this chapter and until a license has been issued to the applicant. An applicant for a time-share salesperson license or acquisition agent license who has passed the examination for either license in the twelve-month period preceding the date of application shall be deemed to have satisfied the examination requirements for the pending application.
Acts 1973, ch. 181, § 9(a), (b); T.C.A., § 67-1317(a), (b); Acts 1989, ch. 89, §§ 10-12; 2002, ch. 812, §§ 6, 7; 2004, ch. 456, § 2; 2011, ch. 47, § 69.
Tenn. Code Ann. § 62-39-412 — TN Code / Title 62 / Chapter 39 / Section 62-39-412
Assignments - Disclosures
Status: in_force

(a) Prior to placing an assignment, for real estate appraisal services within this state, with an appraiser on the appraiser panel of an appraisal management company, the appraisal management company shall have a system in place to verify that the appraiser receiving the assignment holds a credential in good standing in this state. Letters of engagement shall include instructions to the appraiser to decline the assignment in the event the appraiser is not geographically competent or the assignment falls outside the appraiser's scope of practice restrictions. (b) Each appraisal management company shall, at the request of the commission, provide the names of all persons on the AMC's appraisal panel and a list of all state appraisal licenses or certifications each appraiser on the panel holds, including the state of issuance, expiration date, and number of each certification or license, which the commission may verify. Amended by 2017 Tenn. Acts, ch. 226, s 11, eff. 7/1/2017. Acts 2010 , ch. 963, § 13.
(a) Prior to placing an assignment, for real estate appraisal services within this state, with an appraiser on the appraiser panel of an appraisal management company, the appraisal management company shall have a system in place to verify that the appraiser receiving the assignment holds a credential in good standing in this state. Letters of engagement shall include instructions to the appraiser to decline the assignment in the event the appraiser is not geographically competent or the assignment falls outside the appraiser's scope of practice restrictions.
(b) Each appraisal management company shall, at the request of the commission, provide the names of all persons on the AMC's appraisal panel and a list of all state appraisal licenses or certifications each appraiser on the panel holds, including the state of issuance, expiration date, and number of each certification or license, which the commission may verify.
Amended by 2017 Tenn. Acts, ch. 226, s 11, eff. 7/1/2017.
Acts 2010 , ch. 963, § 13.
Tenn. Code Ann. § 62-4-135 — TN Code / Title 62 / Chapter 4 / Section 62-4-135
Hair braiding services
Status: in_force

(a) As used in this section: (1) "Commissioner" means the commissioner of commerce and insurance, or the commissioner's designee; and (2) "Department" means the department of commerce and insurance. (b) Before engaging in hair braiding, a person shall: (1) Attend sixteen (16) hours of training in health and hygiene, either in person or online, as approved by the commissioner, receive a certificate indicating attendance from the training, attest to the one-time training at biennial registration, and retain and display the certificate on request; (2) Biennially register with the department, providing a name, address, and phone number at which the person can be reached, and pay a registration fee of thirty dollars ($30.00); (3) Use only disposable instruments or implements that are sanitized in a disinfectant approved for hospital use or approved by the federal environmental protection agency; and (4) Post a notice at the place of operation indicating that the person is not licensed by the state board of cosmetology and barber examiners. (c) A person providing hair braiding services pursuant to this section shall not refer to themselves as a licensed natural hair stylist unless the person otherwise meets the requirements under § 62-4-110(f) . Added by 2019 Tenn. Acts, ch. 207, s 3, eff. 7/1/2019.
(a) As used in this section: (1) "Commissioner" means the commissioner of commerce and insurance, or the commissioner's designee; and (2) "Department" means the department of commerce and insurance.
(1) "Commissioner" means the commissioner of commerce and insurance, or the commissioner's designee; and
(2) "Department" means the department of commerce and insurance.
(b) Before engaging in hair braiding, a person shall: (1) Attend sixteen (16) hours of training in health and hygiene, either in person or online, as approved by the commissioner, receive a certificate indicating attendance from the training, attest to the one-time training at biennial registration, and retain and display the certificate on request; (2) Biennially register with the department, providing a name, address, and phone number at which the person can be reached, and pay a registration fee of thirty dollars ($30.00); (3) Use only disposable instruments or implements that are sanitized in a disinfectant approved for hospital use or approved by the federal environmental protection agency; and (4) Post a notice at the place of operation indicating that the person is not licensed by the state board of cosmetology and barber examiners.
(1) Attend sixteen (16) hours of training in health and hygiene, either in person or online, as approved by the commissioner, receive a certificate indicating attendance from the training, attest to the one-time training at biennial registration, and retain and display the certificate on request;
(2) Biennially register with the department, providing a name, address, and phone number at which the person can be reached, and pay a registration fee of thirty dollars ($30.00);
(3) Use only disposable instruments or implements that are sanitized in a disinfectant approved for hospital use or approved by the federal environmental protection agency; and
(4) Post a notice at the place of operation indicating that the person is not licensed by the state board of cosmetology and barber examiners.
(c) A person providing hair braiding services pursuant to this section shall not refer to themselves as a licensed natural hair stylist unless the person otherwise meets the requirements under § 62-4-110(f) .
Added by 2019 Tenn. Acts, ch. 207, s 3, eff. 7/1/2019.
Tenn. Code Ann. § 62-32-112 — TN Code / Title 62 / Chapter 32 / Section 62-32-112
Submission of installation plans for review
Status: in_force

A registered fire protection sprinkler system contractor, through its responsible managing employee, may submit shop drawings of proposed fire protection sprinkler system installations in projects whose construction plans and specifications are subject to review by the department. Upon receipt of the prescribed review fee, the department shall review and approve or disapprove the shop drawings. Acts 1984, ch. 949, § 12; 1985, ch. 209, § 8; 2005, ch. 183, § 2.
A registered fire protection sprinkler system contractor, through its responsible managing employee, may submit shop drawings of proposed fire protection sprinkler system installations in projects whose construction plans and specifications are subject to review by the department. Upon receipt of the prescribed review fee, the department shall review and approve or disapprove the shop drawings.
Acts 1984, ch. 949, § 12; 1985, ch. 209, § 8; 2005, ch. 183, § 2.
Tenn. Code Ann. § 62-21-117 — TN Code / Title 62 / Chapter 21 / Section 62-21-117
Labeling of pesticides
Status: in_force

(a) It is illegal to store or transport any pesticide chemicals unless the containers for the chemicals are labeled to show the: (1) Name of the pesticide; and (2) Concentration of the pesticide. (b) When pesticides are stored or transported in containers other than those in which they were placed by the manufacturer or formulators, the label must also show the name of the chartered person, firm or corporation. Acts 1978, ch. 844, § 17; T.C.A., § 62-2117.
(a) It is illegal to store or transport any pesticide chemicals unless the containers for the chemicals are labeled to show the: (1) Name of the pesticide; and (2) Concentration of the pesticide.
(1) Name of the pesticide; and
(2) Concentration of the pesticide.
(b) When pesticides are stored or transported in containers other than those in which they were placed by the manufacturer or formulators, the label must also show the name of the chartered person, firm or corporation.
Acts 1978, ch. 844, § 17; T.C.A., § 62-2117.
Tenn. Code Ann. § 62-39-308 — TN Code / Title 62 / Chapter 39 / Section 62-39-308
Commission - Power to discipline and penalize
Status: in_force

The commission has the power to discipline and penalize a license or certificate holder for violations of this chapter or the rules and regulations of the commission. Acts 1990, ch. 865, § 17; 1991, ch. 366, § 19.
The commission has the power to discipline and penalize a license or certificate holder for violations of this chapter or the rules and regulations of the commission.
Acts 1990, ch. 865, § 17; 1991, ch. 366, § 19.
Tenn. Code Ann. § 62-19-103 — TN Code / Title 62 / Chapter 19 / Section 62-19-103
Exemptions
Status: in_force

This chapter does not apply to: (1) A person acting as a receiver, trustee in bankruptcy, guardian, administrator, executor, or other person acting under order of a court; (2) A trustee acting under a trust agreement, deed of trust or will, or a secured party selling collateral after default by a debtor in accordance with title 47, chapter 9; (3) An auction conducted by or under the direction of a governmental entity or pursuant to a judicial order or decree; (4) An auction conducted by or on behalf of a political party, church, or charitable corporation or association, if the individual conducting the sale receives no compensation and does not, by advertising or otherwise, hold their self out as available to engage in the sale of goods at auction; (5) A person performing acts in the regular course of or as an incident to the management of and investment in property owned or leased by the person, if the property was not acquired for the purpose of resale. When a sales tax, as prescribed in title 67, is not levied upon the sale of personal property, there is a presumption that the personal property was purchased for the purpose of resale; (6) An auction conducted for the sale of livestock sponsored through or in cooperation with the state department of agriculture or the University of Tennessee extension, or both; (7) An auction sale of tobacco at or for a warehouse operated pursuant to title 43, chapter 19; (8) A livestock auction sale regulated by the United States department of agriculture packers and stockyards administration, if the sale uses: (A) The shipper's proceeds account required by federal regulations; and (B) An auctioneer licensed under this chapter; (9) Any fixed price or timed listings that allow bidding on an internet website, but do not constitute a simulcast of a live auction; (10) An exclusive online auction whose primary business activity is selling nonrepairable or salvage vehicles in this state and holds the appropriate license issued by the Tennessee motor vehicle commission; (11) An in-person or simulcast auction whose primary business activity is selling nonrepairable or salvage vehicles in this state, and holds the appropriate license issued by the Tennessee motor vehicle commission and that uses a licensed auctioneer; and (12) An individual who generates less than twenty-five thousand dollars ($25,000) in revenue a calendar year from the sale of property in online auctions. Amended by 2019 Tenn. Acts, ch. 471, s 6, eff. 7/1/2019. Acts 1967, ch. 335, § 3; 1969, ch. 247, § 1; 1976, ch. 824, § 2; 1978, ch. 569, § 2; T.C.A., § 62-1903; Acts 1983, ch. 250, §3; 1984, ch. 1000, §§ 1-4; 1986, ch. 915, § 1; 1991, ch. 485, § 4; 2006, ch. 533, § 1.
This chapter does not apply to:
(1) A person acting as a receiver, trustee in bankruptcy, guardian, administrator, executor, or other person acting under order of a court;
(2) A trustee acting under a trust agreement, deed of trust or will, or a secured party selling collateral after default by a debtor in accordance with title 47, chapter 9;
(3) An auction conducted by or under the direction of a governmental entity or pursuant to a judicial order or decree;
(4) An auction conducted by or on behalf of a political party, church, or charitable corporation or association, if the individual conducting the sale receives no compensation and does not, by advertising or otherwise, hold their self out as available to engage in the sale of goods at auction;
(5) A person performing acts in the regular course of or as an incident to the management of and investment in property owned or leased by the person, if the property was not acquired for the purpose of resale. When a sales tax, as prescribed in title 67, is not levied upon the sale of personal property, there is a presumption that the personal property was purchased for the purpose of resale;
(6) An auction conducted for the sale of livestock sponsored through or in cooperation with the state department of agriculture or the University of Tennessee extension, or both;
(7) An auction sale of tobacco at or for a warehouse operated pursuant to title 43, chapter 19;
(8) A livestock auction sale regulated by the United States department of agriculture packers and stockyards administration, if the sale uses: (A) The shipper's proceeds account required by federal regulations; and (B) An auctioneer licensed under this chapter;
(A) The shipper's proceeds account required by federal regulations; and
(B) An auctioneer licensed under this chapter;
(9) Any fixed price or timed listings that allow bidding on an internet website, but do not constitute a simulcast of a live auction;
(10) An exclusive online auction whose primary business activity is selling nonrepairable or salvage vehicles in this state and holds the appropriate license issued by the Tennessee motor vehicle commission;
(11) An in-person or simulcast auction whose primary business activity is selling nonrepairable or salvage vehicles in this state, and holds the appropriate license issued by the Tennessee motor vehicle commission and that uses a licensed auctioneer; and
(12) An individual who generates less than twenty-five thousand dollars ($25,000) in revenue a calendar year from the sale of property in online auctions.
Amended by 2019 Tenn. Acts, ch. 471, s 6, eff. 7/1/2019.
Acts 1967, ch. 335, § 3; 1969, ch. 247, § 1; 1976, ch. 824, § 2; 1978, ch. 569, § 2; T.C.A., § 62-1903; Acts 1983, ch. 250, §3; 1984, ch. 1000, §§ 1-4; 1986, ch. 915, § 1; 1991, ch. 485, § 4; 2006, ch. 533, § 1.
Tenn. Code Ann. § 62-21-105 — TN Code / Title 62 / Chapter 21 / Section 62-21-105
Board to advise commissioner
Status: in_force

The board shall advise the commissioner as to the promulgation of rules, categories of licenses, qualifications of applicants, and examinations for licenses. Amended by 2020 Tenn. Acts, ch. 640, s 4, eff. 4/1/2020. Acts 1978, ch. 844, § 5; T.C.A., § 62-2105.
The board shall advise the commissioner as to the promulgation of rules, categories of licenses, qualifications of applicants, and examinations for licenses.
Amended by 2020 Tenn. Acts, ch. 640, s 4, eff. 4/1/2020.
Acts 1978, ch. 844, § 5; T.C.A., § 62-2105.
Tenn. Code Ann. § 62-27-105 — TN Code / Title 62 / Chapter 27 / Section 62-27-105
Rules and regulations - Assistance
Status: in_force

(a) (1) The commissioner shall issue rules and regulations necessary for the administration and enforcement of this chapter and shall prescribe forms to be used in connection with it. (2) The commissioner shall prescribe rules requiring continuing education as a prerequisite for renewal of licenses as polygraph examiners in accordance with § 62-27-129 . (b) The commissioner shall have the right and power to contract for the services of any licensed qualified polygraph examiner to assist with the administration and analysis of polygraph examinations. Acts 1978, ch. 900, § 6; 1979, ch. 133, § 2; 1980, ch. 705, § 1; 1981, ch. 489, § 4; T.C.A., § 62-2705; Acts 1982, ch. 720, §§6-8; 1988, ch. 805, § 2; 1998, ch. 777, § 1; 1999, ch. 252, §§4, 5; 2003 , ch. 206, § 5.
(a) (1) The commissioner shall issue rules and regulations necessary for the administration and enforcement of this chapter and shall prescribe forms to be used in connection with it. (2) The commissioner shall prescribe rules requiring continuing education as a prerequisite for renewal of licenses as polygraph examiners in accordance with § 62-27-129 .
(1) The commissioner shall issue rules and regulations necessary for the administration and enforcement of this chapter and shall prescribe forms to be used in connection with it.
(2) The commissioner shall prescribe rules requiring continuing education as a prerequisite for renewal of licenses as polygraph examiners in accordance with § 62-27-129 .
(b) The commissioner shall have the right and power to contract for the services of any licensed qualified polygraph examiner to assist with the administration and analysis of polygraph examinations.
Acts 1978, ch. 900, § 6; 1979, ch. 133, § 2; 1980, ch. 705, § 1; 1981, ch. 489, § 4; T.C.A., § 62-2705; Acts 1982, ch. 720, §§6-8; 1988, ch. 805, § 2; 1998, ch. 777, § 1; 1999, ch. 252, §§4, 5; 2003 , ch. 206, § 5.
Tenn. Code Ann. § 62-2-203 — TN Code / Title 62 / Chapter 2 / Section 62-2-203
Certificates of appointment - Legal assistance - Attendance of witnesses - Seal - Rules - Continuing professional education
Status: in_force

(a) Each member appointed under § 62-2-201(a) shall receive a certificate of appointment from the governor, and no one shall be eligible for appointment who does not at the time hold an unexpired certificate to practice architecture, engineering or landscape architecture or certificate of registration to use the title "registered interior designer," except the first registered interior designer board member, issued under this chapter or other applicable law. Before beginning a term of office, each appointed member shall file with the secretary of state the oath of office. (b) The board or any committee of the board shall be entitled to the services of an assistant attorney general in connection with the affairs of the board, and the board shall have power to compel the attendance of witnesses on behalf of the state or any party having issue before the board, may administer oaths and may take testimony concerning all matters within its jurisdiction. (c) The board shall adopt and have an official seal, which shall be affixed to all certificates of registration granted, and shall make all bylaws and rules not inconsistent with the law. (d) The board has the authority to establish continuing professional education requirements for architects, engineers, landscape architects and registered interior designers. Any rules promulgated to effect this subsection (d) shall be promulgated in compliance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 1979, ch. 263, § 4; T.C.A., § 62-204; Acts 1988, ch. 990, § 13; 1991, ch. 164, § 16; 1995, ch. 129, § 1; 1997 , ch. 33, § 7.
(a) Each member appointed under § 62-2-201(a) shall receive a certificate of appointment from the governor, and no one shall be eligible for appointment who does not at the time hold an unexpired certificate to practice architecture, engineering or landscape architecture or certificate of registration to use the title "registered interior designer," except the first registered interior designer board member, issued under this chapter or other applicable law. Before beginning a term of office, each appointed member shall file with the secretary of state the oath of office.
(b) The board or any committee of the board shall be entitled to the services of an assistant attorney general in connection with the affairs of the board, and the board shall have power to compel the attendance of witnesses on behalf of the state or any party having issue before the board, may administer oaths and may take testimony concerning all matters within its jurisdiction.
(c) The board shall adopt and have an official seal, which shall be affixed to all certificates of registration granted, and shall make all bylaws and rules not inconsistent with the law.
(d) The board has the authority to establish continuing professional education requirements for architects, engineers, landscape architects and registered interior designers. Any rules promulgated to effect this subsection (d) shall be promulgated in compliance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1979, ch. 263, § 4; T.C.A., § 62-204; Acts 1988, ch. 990, § 13; 1991, ch. 164, § 16; 1995, ch. 129, § 1; 1997 , ch. 33, § 7.
Tenn. Code Ann. § 62-2-905 — TN Code / Title 62 / Chapter 2 / Section 62-2-905
Registration without examination - Requirements
Status: in_force

Any person who applies for registration and remits the application and initial registration fees prior to January 1, 1994, shall be registered by the board without taking the written examination; provided, that: (1) The applicant has satisfactory evidence of having used or been identified by the title "interior designer" and has: (A) Satisfactory interior design experience totaling six (6) years; or (B) A combination of interior design education and satisfactory interior design experience totaling six (6) years as follows: (i) A graduate of a four-year interior design program and two (2) years' experience; (ii) A graduate of a three-year interior design program and three (3) years' experience; or (iii) A graduate of a two-year interior design program and four (4) years' experience. The board shall determine if the two-year degree program meets the standards; and (2) A person shall be deemed to have used or been identified by the title "interior designer" within the meaning of this section if the person demonstrates to the satisfaction of the board that the person was, either on the person's own account, which means self-employed, or in the course of regular employment, rendering or offering to render to another person interior design services as defined in § 62-2-903 , or was regularly engaged in the teaching of interior design at an accredited institution recognized by the board leading to a degree in interior design. Any combination of rendering services and teaching totaling six (6) years shall satisfy the requirements of this section. Acts 1991, ch. 164, § 6.
Any person who applies for registration and remits the application and initial registration fees prior to January 1, 1994, shall be registered by the board without taking the written examination; provided, that:
(1) The applicant has satisfactory evidence of having used or been identified by the title "interior designer" and has: (A) Satisfactory interior design experience totaling six (6) years; or (B) A combination of interior design education and satisfactory interior design experience totaling six (6) years as follows: (i) A graduate of a four-year interior design program and two (2) years' experience; (ii) A graduate of a three-year interior design program and three (3) years' experience; or (iii) A graduate of a two-year interior design program and four (4) years' experience. The board shall determine if the two-year degree program meets the standards; and
(A) Satisfactory interior design experience totaling six (6) years; or
(B) A combination of interior design education and satisfactory interior design experience totaling six (6) years as follows: (i) A graduate of a four-year interior design program and two (2) years' experience; (ii) A graduate of a three-year interior design program and three (3) years' experience; or (iii) A graduate of a two-year interior design program and four (4) years' experience. The board shall determine if the two-year degree program meets the standards; and
(i) A graduate of a four-year interior design program and two (2) years' experience;
(ii) A graduate of a three-year interior design program and three (3) years' experience; or
(iii) A graduate of a two-year interior design program and four (4) years' experience. The board shall determine if the two-year degree program meets the standards; and
(2) A person shall be deemed to have used or been identified by the title "interior designer" within the meaning of this section if the person demonstrates to the satisfaction of the board that the person was, either on the person's own account, which means self-employed, or in the course of regular employment, rendering or offering to render to another person interior design services as defined in § 62-2-903 , or was regularly engaged in the teaching of interior design at an accredited institution recognized by the board leading to a degree in interior design. Any combination of rendering services and teaching totaling six (6) years shall satisfy the requirements of this section.
Acts 1991, ch. 164, § 6.
Tenn. Code Ann. § 62-18-116 — TN Code / Title 62 / Chapter 18 / Section 62-18-116
Denial, suspension or revocation of certificate - Disciplinary action
Status: in_force

(a) (1) The board may refuse to issue a certificate of registration, may revoke, suspend or refuse to renew a certificate of registration or may take other lawful disciplinary action against any land surveyor registered under this part for any of the following causes: (A) Any fraud or deceit in obtaining a certificate of registration; (B) Any incompetency, misconduct or gross negligence in the practice of land surveying; (C) Any violation of this part or of any rules duly adopted under this part; (D) Any failure to comply with the minimum acceptable standards of practice established pursuant to § 62-18-106(c) ; (E) Any conviction of a felony for the commission of an offense that bears directly on the person's fitness to practice competently. However, an action taken under this subdivision (a)(1)(E) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title; or (F) Any revocation, suspension, disciplinary action or voluntary surrender of a license or certificate of registration to practice land surveying in any jurisdiction. (2) Any person may prefer charges against any land surveyor registered under this part on any of the grounds in subdivision (a)(1). The charges shall be in writing, sworn to by the complainant, and shall specifically state the factual basis for the charges. (3) Subdivision (a)(2) shall not be construed to preclude the board from filing charges against a land surveyor on its own motion. (b) Nothing in this part shall be construed to negate the right of any person, partnership, firm, joint stock association or corporation from appealing to the civil courts for relief. (c) The affirmative vote of a majority of the members of the board shall be necessary in order to revoke the certificate of registration of any land surveyor registered under this part or to reissue a certificate of registration to any person whose certificate has been revoked. (d) The board shall notify the register of deeds of each county that would likely be affected by the revocation or suspension of a certificate of registration or the reissuance of a revoked or suspended certificate of registration. Amended by 2018 Tenn. Acts, ch. 745, s 10, eff. 7/1/2018. Amended by 2016 Tenn. Acts, ch. 719, s 4, eff. 4/6/2016. Acts 1969, ch. 207, § 11; 1980, ch. 451, § 5; T.C.A., § 62-1815; Acts 1983, ch. 257, §§ 7, 8; 1998, ch. 676, §§ 3 - 5.
(a) (1) The board may refuse to issue a certificate of registration, may revoke, suspend or refuse to renew a certificate of registration or may take other lawful disciplinary action against any land surveyor registered under this part for any of the following causes: (A) Any fraud or deceit in obtaining a certificate of registration; (B) Any incompetency, misconduct or gross negligence in the practice of land surveying; (C) Any violation of this part or of any rules duly adopted under this part; (D) Any failure to comply with the minimum acceptable standards of practice established pursuant to § 62-18-106(c) ; (E) Any conviction of a felony for the commission of an offense that bears directly on the person's fitness to practice competently. However, an action taken under this subdivision (a)(1)(E) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title; or (F) Any revocation, suspension, disciplinary action or voluntary surrender of a license or certificate of registration to practice land surveying in any jurisdiction. (2) Any person may prefer charges against any land surveyor registered under this part on any of the grounds in subdivision (a)(1). The charges shall be in writing, sworn to by the complainant, and shall specifically state the factual basis for the charges. (3) Subdivision (a)(2) shall not be construed to preclude the board from filing charges against a land surveyor on its own motion.
(1) The board may refuse to issue a certificate of registration, may revoke, suspend or refuse to renew a certificate of registration or may take other lawful disciplinary action against any land surveyor registered under this part for any of the following causes: (A) Any fraud or deceit in obtaining a certificate of registration; (B) Any incompetency, misconduct or gross negligence in the practice of land surveying; (C) Any violation of this part or of any rules duly adopted under this part; (D) Any failure to comply with the minimum acceptable standards of practice established pursuant to § 62-18-106(c) ; (E) Any conviction of a felony for the commission of an offense that bears directly on the person's fitness to practice competently. However, an action taken under this subdivision (a)(1)(E) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title; or (F) Any revocation, suspension, disciplinary action or voluntary surrender of a license or certificate of registration to practice land surveying in any jurisdiction.
(A) Any fraud or deceit in obtaining a certificate of registration;
(B) Any incompetency, misconduct or gross negligence in the practice of land surveying;
(C) Any violation of this part or of any rules duly adopted under this part;
(D) Any failure to comply with the minimum acceptable standards of practice established pursuant to § 62-18-106(c) ;
(E) Any conviction of a felony for the commission of an offense that bears directly on the person's fitness to practice competently. However, an action taken under this subdivision (a)(1)(E) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title; or
(F) Any revocation, suspension, disciplinary action or voluntary surrender of a license or certificate of registration to practice land surveying in any jurisdiction.
(2) Any person may prefer charges against any land surveyor registered under this part on any of the grounds in subdivision (a)(1). The charges shall be in writing, sworn to by the complainant, and shall specifically state the factual basis for the charges.
(3) Subdivision (a)(2) shall not be construed to preclude the board from filing charges against a land surveyor on its own motion.
(b) Nothing in this part shall be construed to negate the right of any person, partnership, firm, joint stock association or corporation from appealing to the civil courts for relief.
(c) The affirmative vote of a majority of the members of the board shall be necessary in order to revoke the certificate of registration of any land surveyor registered under this part or to reissue a certificate of registration to any person whose certificate has been revoked.
(d) The board shall notify the register of deeds of each county that would likely be affected by the revocation or suspension of a certificate of registration or the reissuance of a revoked or suspended certificate of registration.
Amended by 2018 Tenn. Acts, ch. 745, s 10, eff. 7/1/2018.
Amended by 2016 Tenn. Acts, ch. 719, s 4, eff. 4/6/2016.
Acts 1969, ch. 207, § 11; 1980, ch. 451, § 5; T.C.A., § 62-1815; Acts 1983, ch. 257, §§ 7, 8; 1998, ch. 676, §§ 3 - 5.
Tenn. Code Ann. § 62-3-111 — TN Code / Title 62 / Chapter 3 / Section 62-3-111
Duties of owner and manager of shop as to persons performing barbering services and conformance to chapter
Status: in_force

The owner and manager of a shop shall be responsible for ensuring that: (1) Only persons duly licensed by the board perform barbering services in the shop; (2) Persons duly licensed by the board perform only those services authorized by their licenses; and (3) The shop and its operation conform to this chapter and any rules duly promulgated under this chapter. Added by 2015 Tenn. Acts, ch. 402,s 11, eff. 7/1/2015.
The owner and manager of a shop shall be responsible for ensuring that:
(1) Only persons duly licensed by the board perform barbering services in the shop;
(2) Persons duly licensed by the board perform only those services authorized by their licenses; and
(3) The shop and its operation conform to this chapter and any rules duly promulgated under this chapter.
Added by 2015 Tenn. Acts, ch. 402,s 11, eff. 7/1/2015.
Tenn. Code Ann. § 62-40-101 — TN Code / Title 62 / Chapter 40 / Section 62-40-101
Chapter definitions - Qualifications - Penalties
Status: in_force

(a) As used in this chapter, unless the context otherwise requires: (1) "Industrial hygiene" means the science and art devoted to anticipation, recognition, evaluation and control of environmental factors or stressors arising in or from the workplace that may cause sickness, impaired health and well-being or significant discomfort and inefficiency among workers; (2) "Industrial hygienist" means a person who possesses a baccalaureate degree issued by an accredited college or university in industrial hygiene engineering, chemistry, physics, biology, medicine or related physical and biological sciences and who, by virtue of special studies and training, has acquired competence in industrial hygiene. The special studies and training shall have been sufficient in industrial hygiene engineering, chemistry, physics, biology, medicine or related physical and biological sciences to provide the ability to: (A) Recognize environmental stressors in the workplace and to understand their effects; (B) Evaluate, on the basis of experience and with the aid of quantitative measurement techniques, the magnitude of these stressors in terms of ability to impair health and well-being; and (C) Prescribe methods to eliminate, control or reduce the stressors when necessary to alleviate their effects; and (3) "Professional industrial hygienist" means a person who possesses a baccalaureate degree issued by an accredited college or university in industrial hygiene, engineering, chemistry, physics, biology, medicine or related physical and biological sciences and who has a minimum of three (3) years full-time industrial hygiene experience. A completed master's degree in a related physical or biological science, or in a related engineering discipline, may be substituted for one (1) year of the experience requirement; and a similar doctoral degree may be substituted for an additional year of the experience requirement. Nonexclusive examples of professional industrial hygienists are certified industrial hygienists and industrial hygienists in training, as recognized by the American Board of Industrial Hygiene. (b) An individual shall meet the requirements or qualifications of a professional industrial hygienist as set out in subdivision (a)(3), certified industrial hygienist and industrial hygienist in training, as recognized by the American Board of Industrial Hygiene, before the individual may use the title or represent the individual to the public as a professional industrial hygienist, certified industrial hygienist and industrial hygienist in training. (c) A person who violates subdivision (a)(3) or subsection (b) is subject to a civil penalty of no more than one thousand dollars ($1,000) in chancery court. Acts 1992, ch. 624, § 1; 1994, ch. 632, §§ 1-7.
(a) As used in this chapter, unless the context otherwise requires: (1) "Industrial hygiene" means the science and art devoted to anticipation, recognition, evaluation and control of environmental factors or stressors arising in or from the workplace that may cause sickness, impaired health and well-being or significant discomfort and inefficiency among workers; (2) "Industrial hygienist" means a person who possesses a baccalaureate degree issued by an accredited college or university in industrial hygiene engineering, chemistry, physics, biology, medicine or related physical and biological sciences and who, by virtue of special studies and training, has acquired competence in industrial hygiene. The special studies and training shall have been sufficient in industrial hygiene engineering, chemistry, physics, biology, medicine or related physical and biological sciences to provide the ability to: (A) Recognize environmental stressors in the workplace and to understand their effects; (B) Evaluate, on the basis of experience and with the aid of quantitative measurement techniques, the magnitude of these stressors in terms of ability to impair health and well-being; and (C) Prescribe methods to eliminate, control or reduce the stressors when necessary to alleviate their effects; and (3) "Professional industrial hygienist" means a person who possesses a baccalaureate degree issued by an accredited college or university in industrial hygiene, engineering, chemistry, physics, biology, medicine or related physical and biological sciences and who has a minimum of three (3) years full-time industrial hygiene experience. A completed master's degree in a related physical or biological science, or in a related engineering discipline, may be substituted for one (1) year of the experience requirement; and a similar doctoral degree may be substituted for an additional year of the experience requirement. Nonexclusive examples of professional industrial hygienists are certified industrial hygienists and industrial hygienists in training, as recognized by the American Board of Industrial Hygiene.
(1) "Industrial hygiene" means the science and art devoted to anticipation, recognition, evaluation and control of environmental factors or stressors arising in or from the workplace that may cause sickness, impaired health and well-being or significant discomfort and inefficiency among workers;
(2) "Industrial hygienist" means a person who possesses a baccalaureate degree issued by an accredited college or university in industrial hygiene engineering, chemistry, physics, biology, medicine or related physical and biological sciences and who, by virtue of special studies and training, has acquired competence in industrial hygiene. The special studies and training shall have been sufficient in industrial hygiene engineering, chemistry, physics, biology, medicine or related physical and biological sciences to provide the ability to: (A) Recognize environmental stressors in the workplace and to understand their effects; (B) Evaluate, on the basis of experience and with the aid of quantitative measurement techniques, the magnitude of these stressors in terms of ability to impair health and well-being; and (C) Prescribe methods to eliminate, control or reduce the stressors when necessary to alleviate their effects; and
(A) Recognize environmental stressors in the workplace and to understand their effects;
(B) Evaluate, on the basis of experience and with the aid of quantitative measurement techniques, the magnitude of these stressors in terms of ability to impair health and well-being; and
(C) Prescribe methods to eliminate, control or reduce the stressors when necessary to alleviate their effects; and
(3) "Professional industrial hygienist" means a person who possesses a baccalaureate degree issued by an accredited college or university in industrial hygiene, engineering, chemistry, physics, biology, medicine or related physical and biological sciences and who has a minimum of three (3) years full-time industrial hygiene experience. A completed master's degree in a related physical or biological science, or in a related engineering discipline, may be substituted for one (1) year of the experience requirement; and a similar doctoral degree may be substituted for an additional year of the experience requirement. Nonexclusive examples of professional industrial hygienists are certified industrial hygienists and industrial hygienists in training, as recognized by the American Board of Industrial Hygiene.
(b) An individual shall meet the requirements or qualifications of a professional industrial hygienist as set out in subdivision (a)(3), certified industrial hygienist and industrial hygienist in training, as recognized by the American Board of Industrial Hygiene, before the individual may use the title or represent the individual to the public as a professional industrial hygienist, certified industrial hygienist and industrial hygienist in training.
(c) A person who violates subdivision (a)(3) or subsection (b) is subject to a civil penalty of no more than one thousand dollars ($1,000) in chancery court.
Acts 1992, ch. 624, § 1; 1994, ch. 632, §§ 1-7.
Tenn. Code Ann. § 62-4-104 — TN Code / Title 62 / Chapter 4 / Section 62-4-104
Terms of board members - Oath - Removal
Status: in_force

(a) Except as provided in subsection (b), the terms of the members of the board shall be four (4) years. (b) (1) The entire membership of the board as comprised on June 30, 2014, shall be vacated on July 1, 2014, and new members shall be appointed in accordance with § 62-4-103 . (2) In order to stagger the terms of the newly appointed board members, the governor shall make initial appointments as follows: (A) Three (3) persons shall be appointed for terms of one (1) year, which shall expire on June 30, 2015; (B) Three (3) persons shall be appointed for terms of two (2) years, which shall expire on June 30, 2016; (C) Four (4) persons shall be appointed for terms of three (3) years, which shall expire on June 30, 2017; and (D) Four (4) persons shall be appointed for terms of four (4) years, which shall expire on June 30, 2018. (3) Of the members initially appointed: (A) The cosmetology school owner member, the manicurist member and the public member listed in § 62-4-103(b)(2)(K) shall serve terms of one (1) year; (B) One (1) cosmetologist member, one (1) master barber member and the barber school owner member shall serve terms of two (2) years; (C) One (1) cosmetologist member, one (1) master barber member, the cosmetology or barber shop owner member, and the cosmetology or barber instructor member shall serve terms of three (3) years; and (D) The aesthetician member, the natural hair stylist member, one (1) cosmetologist member, and the public member listed in § 62-4-103(b)(2)(J) shall serve terms of four (4) years. (c) (1) Following the expiration of members' initial terms as prescribed in subdivision (b)(2), all four-year terms shall begin on July 1 and terminate on June 30, four (4) years thereafter. (2) All members shall serve until the expiration of the term to which they were appointed and until their successors are appointed and qualified. (3) Members shall be eligible for reappointment to the board following the expiration of their terms but shall serve no more than two (2) consecutive four-year terms. (4) A vacancy occurring other than by expiration of term shall be filled in the same manner as the original appointment but for the unexpired term only. (d) (1) The governor may remove any member of the board for misconduct, incompetency, willful neglect of duty, or other just cause. (2) Any member who is absent from more than two (2) board meetings within a one-year period shall be removed from the board and a new member shall be appointed to fill the remainder of the unexpired term. (e) Prior to beginning their duties, each member of the board shall take and subscribe to the oath of office provided for state officers. (f) Each member shall have been a bona fide resident of this state for a period of at least five (5) years immediately preceding the date of appointment. (g) 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. Amended by 2015 Tenn. Acts, ch. 402, s 15, eff. 7/1/2015. Amended by 2014 Tenn. Acts, ch. 964,s 5, eff. 7/1/2014. Acts 1986, ch. 817, § 4; 1988, ch. 902, § 20.
(a) Except as provided in subsection (b), the terms of the members of the board shall be four (4) years.
(b) (1) The entire membership of the board as comprised on June 30, 2014, shall be vacated on July 1, 2014, and new members shall be appointed in accordance with § 62-4-103 . (2) In order to stagger the terms of the newly appointed board members, the governor shall make initial appointments as follows: (A) Three (3) persons shall be appointed for terms of one (1) year, which shall expire on June 30, 2015; (B) Three (3) persons shall be appointed for terms of two (2) years, which shall expire on June 30, 2016; (C) Four (4) persons shall be appointed for terms of three (3) years, which shall expire on June 30, 2017; and (D) Four (4) persons shall be appointed for terms of four (4) years, which shall expire on June 30, 2018. (3) Of the members initially appointed: (A) The cosmetology school owner member, the manicurist member and the public member listed in § 62-4-103(b)(2)(K) shall serve terms of one (1) year; (B) One (1) cosmetologist member, one (1) master barber member and the barber school owner member shall serve terms of two (2) years; (C) One (1) cosmetologist member, one (1) master barber member, the cosmetology or barber shop owner member, and the cosmetology or barber instructor member shall serve terms of three (3) years; and (D) The aesthetician member, the natural hair stylist member, one (1) cosmetologist member, and the public member listed in § 62-4-103(b)(2)(J) shall serve terms of four (4) years.
(1) The entire membership of the board as comprised on June 30, 2014, shall be vacated on July 1, 2014, and new members shall be appointed in accordance with § 62-4-103 .
(2) In order to stagger the terms of the newly appointed board members, the governor shall make initial appointments as follows: (A) Three (3) persons shall be appointed for terms of one (1) year, which shall expire on June 30, 2015; (B) Three (3) persons shall be appointed for terms of two (2) years, which shall expire on June 30, 2016; (C) Four (4) persons shall be appointed for terms of three (3) years, which shall expire on June 30, 2017; and (D) Four (4) persons shall be appointed for terms of four (4) years, which shall expire on June 30, 2018.
(A) Three (3) persons shall be appointed for terms of one (1) year, which shall expire on June 30, 2015;
(B) Three (3) persons shall be appointed for terms of two (2) years, which shall expire on June 30, 2016;
(C) Four (4) persons shall be appointed for terms of three (3) years, which shall expire on June 30, 2017; and
(D) Four (4) persons shall be appointed for terms of four (4) years, which shall expire on June 30, 2018.
(3) Of the members initially appointed: (A) The cosmetology school owner member, the manicurist member and the public member listed in § 62-4-103(b)(2)(K) shall serve terms of one (1) year; (B) One (1) cosmetologist member, one (1) master barber member and the barber school owner member shall serve terms of two (2) years; (C) One (1) cosmetologist member, one (1) master barber member, the cosmetology or barber shop owner member, and the cosmetology or barber instructor member shall serve terms of three (3) years; and (D) The aesthetician member, the natural hair stylist member, one (1) cosmetologist member, and the public member listed in § 62-4-103(b)(2)(J) shall serve terms of four (4) years.
(A) The cosmetology school owner member, the manicurist member and the public member listed in § 62-4-103(b)(2)(K) shall serve terms of one (1) year;
(B) One (1) cosmetologist member, one (1) master barber member and the barber school owner member shall serve terms of two (2) years;
(C) One (1) cosmetologist member, one (1) master barber member, the cosmetology or barber shop owner member, and the cosmetology or barber instructor member shall serve terms of three (3) years; and
(D) The aesthetician member, the natural hair stylist member, one (1) cosmetologist member, and the public member listed in § 62-4-103(b)(2)(J) shall serve terms of four (4) years.
(c) (1) Following the expiration of members' initial terms as prescribed in subdivision (b)(2), all four-year terms shall begin on July 1 and terminate on June 30, four (4) years thereafter. (2) All members shall serve until the expiration of the term to which they were appointed and until their successors are appointed and qualified. (3) Members shall be eligible for reappointment to the board following the expiration of their terms but shall serve no more than two (2) consecutive four-year terms. (4) A vacancy occurring other than by expiration of term shall be filled in the same manner as the original appointment but for the unexpired term only.
(1) Following the expiration of members' initial terms as prescribed in subdivision (b)(2), all four-year terms shall begin on July 1 and terminate on June 30, four (4) years thereafter.
(2) All members shall serve until the expiration of the term to which they were appointed and until their successors are appointed and qualified.
(3) Members shall be eligible for reappointment to the board following the expiration of their terms but shall serve no more than two (2) consecutive four-year terms.
(4) A vacancy occurring other than by expiration of term shall be filled in the same manner as the original appointment but for the unexpired term only.
(d) (1) The governor may remove any member of the board for misconduct, incompetency, willful neglect of duty, or other just cause. (2) Any member who is absent from more than two (2) board meetings within a one-year period shall be removed from the board and a new member shall be appointed to fill the remainder of the unexpired term.
(1) The governor may remove any member of the board for misconduct, incompetency, willful neglect of duty, or other just cause.
(2) Any member who is absent from more than two (2) board meetings within a one-year period shall be removed from the board and a new member shall be appointed to fill the remainder of the unexpired term.
(e) Prior to beginning their duties, each member of the board shall take and subscribe to the oath of office provided for state officers.
(f) Each member shall have been a bona fide resident of this state for a period of at least five (5) years immediately preceding the date of appointment.
(g) 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.
Amended by 2015 Tenn. Acts, ch. 402, s 15, eff. 7/1/2015.
Amended by 2014 Tenn. Acts, ch. 964,s 5, eff. 7/1/2014.
Acts 1986, ch. 817, § 4; 1988, ch. 902, § 20.
Tenn. Code Ann. § 62-36-115 — TN Code / Title 62 / Chapter 36 / Section 62-36-115
Public records of proceedings - Registration of applicants
Status: in_force

(a) The department shall keep a public record of its proceedings and a register of all applicants for licensure. (b) All official records of the department or affidavits by the commissioner as to the contents of the records shall be prima facie evidence of all matters required to be kept in the records. (c) Except as otherwise provided by this section, the following shall be treated as confidential and may not be disclosed except by order of a court of competent jurisdiction or by permission of the applicant: (1) Applications and other personal information submitted by applicants, except to the applicant, the department, its staff or the advisory committee; and (2) Information submitted by a reference concerning an applicant, except to the department, its staff or the advisory committee. Acts 2007, ch. 495, § 16.
(a) The department shall keep a public record of its proceedings and a register of all applicants for licensure.
(b) All official records of the department or affidavits by the commissioner as to the contents of the records shall be prima facie evidence of all matters required to be kept in the records.
(c) Except as otherwise provided by this section, the following shall be treated as confidential and may not be disclosed except by order of a court of competent jurisdiction or by permission of the applicant: (1) Applications and other personal information submitted by applicants, except to the applicant, the department, its staff or the advisory committee; and (2) Information submitted by a reference concerning an applicant, except to the department, its staff or the advisory committee.
(1) Applications and other personal information submitted by applicants, except to the applicant, the department, its staff or the advisory committee; and
(2) Information submitted by a reference concerning an applicant, except to the department, its staff or the advisory committee.
Acts 2007, ch. 495, § 16.
Tenn. Code Ann. § 62-18-123 — TN Code / Title 62 / Chapter 18 / Section 62-18-123
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 part. Acts 1980, ch. 451, § 11; T.C.A., § 62-1823.
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.
Acts 1980, ch. 451, § 11; T.C.A., § 62-1823.
Tenn. Code Ann. § 62-35-139 — TN Code / Title 62 / Chapter 35 / Section 62-35-139
Limitation on exemption from licensing requirements
Status: in_force

No person who is exempt from the licensing requirements of this chapter pursuant to § 62-35-103(13) shall perform any private protective services duties at a shopping center complex or other business facility that has two (2) or more contiguous businesses. A person performing private protective services pursuant to § 62-35-103(13) shall perform the services solely upon the premises of the business of the person's employer. Acts 2001, ch. 452, § 3.
No person who is exempt from the licensing requirements of this chapter pursuant to § 62-35-103(13) shall perform any private protective services duties at a shopping center complex or other business facility that has two (2) or more contiguous businesses. A person performing private protective services pursuant to § 62-35-103(13) shall perform the services solely upon the premises of the business of the person's employer.
Acts 2001, ch. 452, § 3.
Tenn. Code Ann. § 62-2-207 — TN Code / Title 62 / Chapter 2 / Section 62-2-207
Records of board - Roster of registrants - Annual report
Status: in_force

(a) The board shall keep a record of its proceedings and a register of all applicants for registration showing, for each, the date of application, name, age, educational and other qualifications, place of business and place of residence, whether or not an examination was required and whether the applicant was rejected or a certificate of registration granted and the date of such action. The books and register of the board shall be prima facie evidence of all matters recorded in the books and register. (b) A roster showing the names and places of business and of residence of all registered architects, engineers, landscape architects and registered interior designers and the names and addresses of all firms, corporations and partnerships practicing architecture, engineering or landscape architecture or using the title "registered interior designer" in this state may be printed annually. (c) The board shall submit reports to the governor as required by state regulations. A copy of these reports shall be filed with the secretary of state. Acts 1979, ch. 263, § 8; T.C.A., § 62-208; Acts 1997, ch. 128, § 1; 2001, ch. 261, § 1.
(a) The board shall keep a record of its proceedings and a register of all applicants for registration showing, for each, the date of application, name, age, educational and other qualifications, place of business and place of residence, whether or not an examination was required and whether the applicant was rejected or a certificate of registration granted and the date of such action. The books and register of the board shall be prima facie evidence of all matters recorded in the books and register.
(b) A roster showing the names and places of business and of residence of all registered architects, engineers, landscape architects and registered interior designers and the names and addresses of all firms, corporations and partnerships practicing architecture, engineering or landscape architecture or using the title "registered interior designer" in this state may be printed annually.
(c) The board shall submit reports to the governor as required by state regulations. A copy of these reports shall be filed with the secretary of state.
Acts 1979, ch. 263, § 8; T.C.A., § 62-208; Acts 1997, ch. 128, § 1; 2001, ch. 261, § 1.
Tenn. Code Ann. § 62-39-411 — TN Code / Title 62 / Chapter 39 / Section 62-39-411
Appraisal management company restrictions
Status: in_force

An appraisal management company that applies to the commission for registration to do business in this state as an appraisal management company or a financial institution qualified under § 62-39-404(1) shall not: (1) Employ any person directly involved in appraisal management services who has had a license or certificate to act as an appraiser in Tennessee or in any other state, refused, denied, cancelled, revoked, or surrendered in lieu of a pending revocation; (2) Knowingly enter into any independent contractor arrangement, whether in verbal, written, or other form, with any person who has had a license or certificate to act as an appraiser in Tennessee or in any other state, refused, denied, cancelled, revoked, or surrendered in lieu of a pending revocation; (3) Knowingly enter into any contract, agreement, or other business relationship directly involved with the performance of real estate appraisal or appraisal management services, whether in verbal, written, or any other form, with any entity that employs, has entered into an independent contract arrangement, or has entered into any contract, agreement, or other business relationship, whether in verbal, written, or any other form, with any person who has ever had a license or certificate to act as an appraiser in Tennessee or in any other state, refused, denied, cancelled, revoked, or surrendered in lieu of a pending revocation. Acts 2010 , ch. 963, § 12.
An appraisal management company that applies to the commission for registration to do business in this state as an appraisal management company or a financial institution qualified under § 62-39-404(1) shall not:
(1) Employ any person directly involved in appraisal management services who has had a license or certificate to act as an appraiser in Tennessee or in any other state, refused, denied, cancelled, revoked, or surrendered in lieu of a pending revocation;
(2) Knowingly enter into any independent contractor arrangement, whether in verbal, written, or other form, with any person who has had a license or certificate to act as an appraiser in Tennessee or in any other state, refused, denied, cancelled, revoked, or surrendered in lieu of a pending revocation;
(3) Knowingly enter into any contract, agreement, or other business relationship directly involved with the performance of real estate appraisal or appraisal management services, whether in verbal, written, or any other form, with any entity that employs, has entered into an independent contract arrangement, or has entered into any contract, agreement, or other business relationship, whether in verbal, written, or any other form, with any person who has ever had a license or certificate to act as an appraiser in Tennessee or in any other state, refused, denied, cancelled, revoked, or surrendered in lieu of a pending revocation.
Acts 2010 , ch. 963, § 12.
Tenn. Code Ann. § 62-19-127 — TN Code / Title 62 / Chapter 19 / Section 62-19-127
Commission's power to petition for judicial jurisdiction
Status: in_force

In addition to the powers and duties otherwise conferred upon the commission in this chapter, the commission is empowered to petition directly any circuit or chancery court having jurisdiction over any person in this state who is violating any of the provisions of this chapter, either with or without a license under this chapter, to enjoin the person from continuing the violation; and jurisdiction is conferred upon the chancery and circuit courts of this state to hear and determine such causes. Acts 1999, ch. 358, § 12.
In addition to the powers and duties otherwise conferred upon the commission in this chapter, the commission is empowered to petition directly any circuit or chancery court having jurisdiction over any person in this state who is violating any of the provisions of this chapter, either with or without a license under this chapter, to enjoin the person from continuing the violation; and jurisdiction is conferred upon the chancery and circuit courts of this state to hear and determine such causes.
Acts 1999, ch. 358, § 12.
Tenn. Code Ann. § 62-5-417 — TN Code / Title 62 / Chapter 5 / Section 62-5-417
Fraud - Treble damages
Status: in_force

In civil actions, in which the prevailing party proves fraud relative to a contract for future services under this part, the prevailing party shall receive treble damages together with attorneys' fees, costs and interest. Acts 2007, ch. 592, § 18.
In civil actions, in which the prevailing party proves fraud relative to a contract for future services under this part, the prevailing party shall receive treble damages together with attorneys' fees, costs and interest.
Acts 2007, ch. 592, § 18.
Tenn. Code Ann. § 62-5-103 — TN Code / Title 62 / Chapter 5 / Section 62-5-103
Penalty for violations
Status: in_force

(a) A violation of this chapter is a Class C misdemeanor. (b) It is the duty of the district attorney general to prosecute violations of this chapter. Acts 1951, ch. 13, § 21 (Williams, § 7140.21); T.C.A. (orig. ed.), § 62-527; Acts 1989, ch. 591, § 113.
(a) A violation of this chapter is a Class C misdemeanor.
(b) It is the duty of the district attorney general to prosecute violations of this chapter.
Acts 1951, ch. 13, § 21 (Williams, § 7140.21); T.C.A. (orig. ed.), § 62-527; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 62-19-105 — TN Code / Title 62 / Chapter 19 / Section 62-19-105
Certificates of appointment - Legal assistance - Prosecution of complaints
Status: in_force

(a) Each member of the commission shall receive a certificate of appointment from the governor before entering upon the discharge of the duties of office. (b) The commission or any committee of the commission shall be entitled to the services of the attorney general and reporter in connection with the affairs of the commission. (c) The commission may prefer a complaint for violation of this chapter before any court of competent jurisdiction, and it may take the necessary legal steps through the proper legal officers of the state to enforce this chapter and collect the penalties provided in this chapter. (d) Complaints shall be prosecuted in the name of the Tennessee auctioneer commission. Acts 1967, ch. 335, § 5; 1979, ch. 422, § 16; T.C.A., § 62-1905.
(a) Each member of the commission shall receive a certificate of appointment from the governor before entering upon the discharge of the duties of office.
(b) The commission or any committee of the commission shall be entitled to the services of the attorney general and reporter in connection with the affairs of the commission.
(c) The commission may prefer a complaint for violation of this chapter before any court of competent jurisdiction, and it may take the necessary legal steps through the proper legal officers of the state to enforce this chapter and collect the penalties provided in this chapter.
(d) Complaints shall be prosecuted in the name of the Tennessee auctioneer commission.
Acts 1967, ch. 335, § 5; 1979, ch. 422, § 16; T.C.A., § 62-1905.
Tenn. Code Ann. § 62-26-302 — TN Code / Title 62 / Chapter 26 / Section 62-26-302
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 294, s 13, eff. 7/1/2021. Acts 1991, ch. 457, § 24.
Repealed by 2021 Tenn. Acts, ch. 294, s 13, eff. 7/1/2021.
Acts 1991, ch. 457, § 24.
Tenn. Code Ann. § 62-6-304 — TN Code / Title 62 / Chapter 6 / Section 62-6-304
License requirement
Status: in_force

It is unlawful for any person, directly or indirectly, to engage in or conduct or to advertise or claim to be engaging in or conducting the business or acting in the capacity of a home inspector as defined in this chapter, within this state, without first obtaining a home inspector license as provided in this part. Acts 2005, ch. 65, § 5.
It is unlawful for any person, directly or indirectly, to engage in or conduct or to advertise or claim to be engaging in or conducting the business or acting in the capacity of a home inspector as defined in this chapter, within this state, without first obtaining a home inspector license as provided in this part.
Acts 2005, ch. 65, § 5.
Tenn. Code Ann. § 62-13-310 — TN Code / Title 62 / Chapter 13 / Section 62-13-310
Affiliate broker relationship to broker
Status: in_force

(a) Whenever the contractual relationship between a broker and affiliate broker is terminated, the present broker shall immediately sign and date the change of affiliation form prescribed by the commission. The affiliate broker may act under a contract with another broker upon completion and transmittal to the commission of the form, accompanied by the fee established pursuant to § 62-13-308 . The affiliate broker shall assure that the completed form and fee are promptly transmitted and that the affiliate broker's license is prominently displayed in the new broker's principal place of business. (b) Licensees may not post signs on any property advertising themselves as real estate agents unless the firm's name appears on the signs in letters the same size or larger than those spelling out the name of the licensee. (c) Any unlawful act or violation of this chapter by any affiliate broker may not be cause for the suspension or revocation of the license of the broker with whom the affiliate broker is affiliated. Acts 1973, ch. 181, §§ 12(c), (e), 16(b); 1981, ch. 473, §§ 10, 11; T.C.A., § 62-1324; Acts 1982, ch. 864, § 8; 1990, ch. 946, § 5.
(a) Whenever the contractual relationship between a broker and affiliate broker is terminated, the present broker shall immediately sign and date the change of affiliation form prescribed by the commission. The affiliate broker may act under a contract with another broker upon completion and transmittal to the commission of the form, accompanied by the fee established pursuant to § 62-13-308 . The affiliate broker shall assure that the completed form and fee are promptly transmitted and that the affiliate broker's license is prominently displayed in the new broker's principal place of business.
(b) Licensees may not post signs on any property advertising themselves as real estate agents unless the firm's name appears on the signs in letters the same size or larger than those spelling out the name of the licensee.
(c) Any unlawful act or violation of this chapter by any affiliate broker may not be cause for the suspension or revocation of the license of the broker with whom the affiliate broker is affiliated.
Acts 1973, ch. 181, §§ 12(c), (e), 16(b); 1981, ch. 473, §§ 10, 11; T.C.A., § 62-1324; Acts 1982, ch. 864, § 8; 1990, ch. 946, § 5.
Tenn. Code Ann. § 62-76-201 — TN Code / Title 62 / Chapter 76 / Section 62-76-201
Part definitions
Status: in_force

As used in this part: (1) "Apprenticeship" means a program that: (A) Meets the federal guidelines set out in 29 CFR Part 29 and 29 U.S.C. § 50 ; and (B) Complies with this part and the guidelines established pursuant to § 62-76-202 ; (2) "Licensing authority" means any state agency with the authority to impose training, education, or licensure fees to practice in a profession; and (3) "State agency" means a state board, agency, or commission attached to the division of regulatory boards, as listed in § 4-3-1304(a) . Amended by 2018 Tenn. Acts, ch. 848, s 1, eff. 1/1/2019. Added by 2014 Tenn. Acts, ch. 881, s 1, eff. 5/1/2014.
As used in this part:
(1) "Apprenticeship" means a program that: (A) Meets the federal guidelines set out in 29 CFR Part 29 and 29 U.S.C. § 50 ; and (B) Complies with this part and the guidelines established pursuant to § 62-76-202 ;
(A) Meets the federal guidelines set out in 29 CFR Part 29 and 29 U.S.C. § 50 ; and
(B) Complies with this part and the guidelines established pursuant to § 62-76-202 ;
(2) "Licensing authority" means any state agency with the authority to impose training, education, or licensure fees to practice in a profession; and
(3) "State agency" means a state board, agency, or commission attached to the division of regulatory boards, as listed in § 4-3-1304(a) .
Amended by 2018 Tenn. Acts, ch. 848, s 1, eff. 1/1/2019.
Added by 2014 Tenn. Acts, ch. 881, s 1, eff. 5/1/2014.
Tenn. Code Ann. § 62-2-406 — TN Code / Title 62 / Chapter 2 / Section 62-2-406
Engineers born prior to 1928 exempt from continuing education requirements
Status: in_force

Any continuing education requirements established pursuant to this chapter shall provide that engineers who were born prior to January 1, 1928, shall be exempt from complying with continuing education standards and requirements. Acts 1998, ch. 754, § 2; 1999, ch. 131, § 1.
Any continuing education requirements established pursuant to this chapter shall provide that engineers who were born prior to January 1, 1928, shall be exempt from complying with continuing education standards and requirements.
Acts 1998, ch. 754, § 2; 1999, ch. 131, § 1.
Tenn. Code Ann. § 62-5-108 — TN Code / Title 62 / Chapter 5 / Section 62-5-108
Display of license on crematory vehicles transporting remains
Status: in_force

(a) Any vehicle that transports a dead human body or body parts from a funeral establishment in this state to a crematory, other than a vehicle that is owned or operated by a funeral establishment and has the name of the funeral establishment on the outside of the vehicle, shall display a copy of the crematory's current license in the vehicle in such a way as to be visible from the outside of the vehicle during the time the body or body parts are in the vehicle. (b) This requirement is solely to provide notice to the funeral establishment that the dead human body or body parts are being released to the proper parties for the cremation of the body or body parts and no criminal penalty shall apply if the license is not so displayed. Acts 2002, ch. 809, § 2.
(a) Any vehicle that transports a dead human body or body parts from a funeral establishment in this state to a crematory, other than a vehicle that is owned or operated by a funeral establishment and has the name of the funeral establishment on the outside of the vehicle, shall display a copy of the crematory's current license in the vehicle in such a way as to be visible from the outside of the vehicle during the time the body or body parts are in the vehicle.
(b) This requirement is solely to provide notice to the funeral establishment that the dead human body or body parts are being released to the proper parties for the cremation of the body or body parts and no criminal penalty shall apply if the license is not so displayed.
Acts 2002, ch. 809, § 2.
Tenn. Code Ann. § 62-39-203 — TN Code / Title 62 / Chapter 39 / Section 62-39-203
Rules and regulations
Status: in_force

The commission shall adopt rules and regulations in aid or in furtherance of this chapter. Acts 1990, ch. 865, § 8.
The commission shall adopt rules and regulations in aid or in furtherance of this chapter.
Acts 1990, ch. 865, § 8.
Tenn. Code Ann. § 62-4-108 — TN Code / Title 62 / Chapter 4 / Section 62-4-108
License required to practice or teach
Status: in_force

Except as otherwise provided in this part, no person shall practice, teach or attempt to practice or teach, cosmetology, manicuring, aesthetics, or natural hair styling in this state without a valid license issued by the board pursuant to this part. Amended by 2024 Tenn. Acts, ch. 1060,s 9, eff. 7/1/2024. Amended by 2016 Tenn. Acts, ch. 991, s 7, eff. 7/1/2016. Acts 1986, ch. 817, § 8; 1989, ch. 93, § 4; 1996, ch. 897, § 3.
Except as otherwise provided in this part, no person shall practice, teach or attempt to practice or teach, cosmetology, manicuring, aesthetics, or natural hair styling in this state without a valid license issued by the board pursuant to this part.
Amended by 2024 Tenn. Acts, ch. 1060,s 9, eff. 7/1/2024.
Amended by 2016 Tenn. Acts, ch. 991, s 7, eff. 7/1/2016.
Acts 1986, ch. 817, § 8; 1989, ch. 93, § 4; 1996, ch. 897, § 3.
Tenn. Code Ann. § 62-32-202 — TN Code / Title 62 / Chapter 32 / Section 62-32-202
Administration of part - Promulgation of rules and regulations
Status: in_force

The commissioner of commerce and insurance shall administer this part and may promulgate rules and regulations that the commissioner considers necessary. The commissioner, in adopting necessary rules and regulations, may use recognized standards such as, but not limited to, those of the National Fire Protection Association, those recognized by federal law or regulation, those published by any nationally recognized standards-making organization or those in the manufacturer's installation manuals. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 1986, ch. 721, § 3.
The commissioner of commerce and insurance shall administer this part and may promulgate rules and regulations that the commissioner considers necessary. The commissioner, in adopting necessary rules and regulations, may use recognized standards such as, but not limited to, those of the National Fire Protection Association, those recognized by federal law or regulation, those published by any nationally recognized standards-making organization or those in the manufacturer's installation manuals. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1986, ch. 721, § 3.
Tenn. Code Ann. § 62-25-104 — TN Code / Title 62 / Chapter 25 / Section 62-25-104
Contract or receipt requirement - Refund of fee
Status: in_force

(a) Every rental location agent engaged in any of the activities described in § 62-25-102(2) shall give a prospective tenant a contract or receipt, and the contract or receipt shall include a recital that any amount in excess of ten dollars ($10.00) shall be repaid or refunded to the prospective tenant if the prospective tenant after bona fide effort does not obtain a rental through the listing furnished by the rental location agent. (b) Notwithstanding any other provision of this section, if the information concerning rentals furnished by the rental location agent is not current or accurate in regard to the type of rental desired, the full fee shall be repaid or refunded to the prospective tenant upon demand. (c) The contract or receipt furnished to the prospective tenant shall also conform to rules and regulations adopted by the real estate commission designed to effect disclosure of material information regarding the services to be provided to the prospective tenant. Acts 1978, ch. 663, § 4; T.C.A., § 62-2504.
(a) Every rental location agent engaged in any of the activities described in § 62-25-102(2) shall give a prospective tenant a contract or receipt, and the contract or receipt shall include a recital that any amount in excess of ten dollars ($10.00) shall be repaid or refunded to the prospective tenant if the prospective tenant after bona fide effort does not obtain a rental through the listing furnished by the rental location agent.
(b) Notwithstanding any other provision of this section, if the information concerning rentals furnished by the rental location agent is not current or accurate in regard to the type of rental desired, the full fee shall be repaid or refunded to the prospective tenant upon demand.
(c) The contract or receipt furnished to the prospective tenant shall also conform to rules and regulations adopted by the real estate commission designed to effect disclosure of material information regarding the services to be provided to the prospective tenant.
Acts 1978, ch. 663, § 4; T.C.A., § 62-2504.
Tenn. Code Ann. § 62-9-114 — TN Code / Title 62 / Chapter 9 / Section 62-9-114
Investigation of unregistered activity
Status: in_force

(a) The commissioner is authorized to investigate, and shall investigate upon the verified complaint in writing of any person, a scrap metal dealer for an alleged violation of an unregistered activity pursuant to § 62-9-102 , purchase restrictions pursuant to §§ 62-9-106 and 62-9-107 or payment restrictions pursuant to §§ 62-9-104(c) and 62-9-107(d) ; provided, that a written complaint shall require evidence, documentary or otherwise, presented in connection with the written complaint, that makes out a prima facie case of a violation of unregistered activity, or purchase restrictions, or payment restrictions as determined by the commissioner. (b) If, after investigation, the commissioner finds a scrap metal dealer to be in violation of any of the statutes enumerated in subsection (a), then the commissioner shall notify the dealer in writing of the dealer's right to a hearing prior to imposing any sanction permitted under this chapter. If the dealer fails to notify the commissioner in writing within ten (10) days from the date of the commissioner's notice that the dealer seeks a hearing, then such hearing shall be waived and the commissioner may impose upon the dealer any sanction or discipline permitted by this chapter. All hearings conducted pursuant to this subsection (b) shall be in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (c) In the event the matter contained in the complaint has been filed or made a part of a case pending in any court in this state, the commissioner may withhold its investigation or decision until the court action has been concluded. Acts 2012 , ch. 969, § 2.
(a) The commissioner is authorized to investigate, and shall investigate upon the verified complaint in writing of any person, a scrap metal dealer for an alleged violation of an unregistered activity pursuant to § 62-9-102 , purchase restrictions pursuant to §§ 62-9-106 and 62-9-107 or payment restrictions pursuant to §§ 62-9-104(c) and 62-9-107(d) ; provided, that a written complaint shall require evidence, documentary or otherwise, presented in connection with the written complaint, that makes out a prima facie case of a violation of unregistered activity, or purchase restrictions, or payment restrictions as determined by the commissioner.
(b) If, after investigation, the commissioner finds a scrap metal dealer to be in violation of any of the statutes enumerated in subsection (a), then the commissioner shall notify the dealer in writing of the dealer's right to a hearing prior to imposing any sanction permitted under this chapter. If the dealer fails to notify the commissioner in writing within ten (10) days from the date of the commissioner's notice that the dealer seeks a hearing, then such hearing shall be waived and the commissioner may impose upon the dealer any sanction or discipline permitted by this chapter. All hearings conducted pursuant to this subsection (b) shall be in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(c) In the event the matter contained in the complaint has been filed or made a part of a case pending in any court in this state, the commissioner may withhold its investigation or decision until the court action has been concluded.
Acts 2012 , ch. 969, § 2.
Tenn. Code Ann. § 62-38-213 — TN Code / Title 62 / Chapter 38 / Section 62-38-213
Age requirements for purchase of tattoo paraphernalia - Possession prohibited for persons under 18 - Penalty - Proof of age required
Status: in_force

(a) As used in this section: (1) "Proof of age" means a driver license or other generally accepted means of identification as determined by the commissioner by rule that describes the individual as eighteen (18) years of age or older, contains a photograph or other likeness of the individual, and appears on its face to be valid; and (2) "Tattoo paraphernalia" has the same meaning as defined in § 62-38-212(a) . (b) It is an offense to sell or distribute tattoo paraphernalia to a person under eighteen (18) years of age or to purchase tattoo paraphernalia on behalf of a person under eighteen (18) years of age. (c) A person who is under eighteen (18) years of age shall not purchase or accept receipt of tattoo paraphernalia, or present or offer to a person purported proof of age that is false, fraudulent, or not actually that person's own for the purpose of purchasing or receiving tattoo paraphernalia. (d) A violation of subsection (b) is a Class A misdemeanor. (e) A violation of subsection (c) is a delinquent act, punishable only by a fine not to exceed fifty dollars ($50.00). (f) Each violation of subsection (b) or (c) is a separate offense. (g) This section does not preclude law enforcement efforts involving the use of a person under eighteen (18) years of age if the person's parent or legal guardian has consented to this action. (h) A person who is under eighteen (18) years of age and who is cooperating with law enforcement officers in an operation designed to test the compliance of other persons with this section is not subject to sanctions under subsection (e). (i) A person engaged in the sale or distribution of tattoo paraphernalia shall demand proof of age from a prospective purchaser or recipient if an ordinary person would conclude on the basis of appearance that the prospective purchaser or recipient may be under thirty (30) years of age. In the case of distribution by mail, the distributor of the tattoo paraphernalia shall obtain from the addressee as proof of age an affirmative statement that the person is eighteen (18) years of age or older, and shall inform the recipient that the person is strictly prohibited from distributing tattoo paraphernalia to a person under eighteen (18) years of age. Added by 2023 Tenn. Acts, ch. 90, s 1, eff. 7/1/2023.
(a) As used in this section: (1) "Proof of age" means a driver license or other generally accepted means of identification as determined by the commissioner by rule that describes the individual as eighteen (18) years of age or older, contains a photograph or other likeness of the individual, and appears on its face to be valid; and (2) "Tattoo paraphernalia" has the same meaning as defined in § 62-38-212(a) .
(1) "Proof of age" means a driver license or other generally accepted means of identification as determined by the commissioner by rule that describes the individual as eighteen (18) years of age or older, contains a photograph or other likeness of the individual, and appears on its face to be valid; and
(2) "Tattoo paraphernalia" has the same meaning as defined in § 62-38-212(a) .
(b) It is an offense to sell or distribute tattoo paraphernalia to a person under eighteen (18) years of age or to purchase tattoo paraphernalia on behalf of a person under eighteen (18) years of age.
(c) A person who is under eighteen (18) years of age shall not purchase or accept receipt of tattoo paraphernalia, or present or offer to a person purported proof of age that is false, fraudulent, or not actually that person's own for the purpose of purchasing or receiving tattoo paraphernalia.
(d) A violation of subsection (b) is a Class A misdemeanor.
(e) A violation of subsection (c) is a delinquent act, punishable only by a fine not to exceed fifty dollars ($50.00).
(f) Each violation of subsection (b) or (c) is a separate offense.
(g) This section does not preclude law enforcement efforts involving the use of a person under eighteen (18) years of age if the person's parent or legal guardian has consented to this action.
(h) A person who is under eighteen (18) years of age and who is cooperating with law enforcement officers in an operation designed to test the compliance of other persons with this section is not subject to sanctions under subsection (e).
(i) A person engaged in the sale or distribution of tattoo paraphernalia shall demand proof of age from a prospective purchaser or recipient if an ordinary person would conclude on the basis of appearance that the prospective purchaser or recipient may be under thirty (30) years of age. In the case of distribution by mail, the distributor of the tattoo paraphernalia shall obtain from the addressee as proof of age an affirmative statement that the person is eighteen (18) years of age or older, and shall inform the recipient that the person is strictly prohibited from distributing tattoo paraphernalia to a person under eighteen (18) years of age.
Added by 2023 Tenn. Acts, ch. 90, s 1, eff. 7/1/2023.
Tenn. Code Ann. § 62-18-105 — TN Code / Title 62 / Chapter 18 / Section 62-18-105
Board members' certificates - Legal services - Seal
Status: in_force

(a) Each member of the board shall receive a certificate of appointment from the governor and, before beginning the member's term of office, shall file with the secretary of state the constitutional oath of office. (b) No one, except a person appointed pursuant to § 62-18-104 , shall be eligible for membership on the board who does not at the time hold an unexpired certificate to practice land surveying issued under this part. (c) The board or any committee of the board shall be entitled to the services of an attorney general in connection with the affairs of the board, and the board shall have power to compel the attendance of witnesses, may administer oaths and may take testimony concerning matters within its jurisdiction. (d) The board shall adopt and have an official seal, which shall be affixed to all certificates of registration granted, and shall make all bylaws and rules not inconsistent with the law in performing its duty. Acts 1969, ch. 207, § 5; 1979, ch. 21, § 3; T.C.A., § 62-1805.
(a) Each member of the board shall receive a certificate of appointment from the governor and, before beginning the member's term of office, shall file with the secretary of state the constitutional oath of office.
(b) No one, except a person appointed pursuant to § 62-18-104 , shall be eligible for membership on the board who does not at the time hold an unexpired certificate to practice land surveying issued under this part.
(c) The board or any committee of the board shall be entitled to the services of an attorney general in connection with the affairs of the board, and the board shall have power to compel the attendance of witnesses, may administer oaths and may take testimony concerning matters within its jurisdiction.
(d) The board shall adopt and have an official seal, which shall be affixed to all certificates of registration granted, and shall make all bylaws and rules not inconsistent with the law in performing its duty.
Acts 1969, ch. 207, § 5; 1979, ch. 21, § 3; T.C.A., § 62-1805.
Tenn. Code Ann. § 62-9-101 — TN Code / Title 62 / Chapter 9 / Section 62-9-101
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Commissioner" means the commissioner of commerce and insurance or the commissioner's designee or, in the event of the commissioner's or designee's absence or vacancy in the office of the commissioner, the deputy commissioner; (2) "Department" means the department of commerce and insurance; (3) "Licensed HVAC contractor" means a person holding a license from the state board for licensing contractors with a CMC, MC, CMC-C, or MC-C classification; (4) "Person" means an individual, association, partnership, corporation, or any other legally cognizable organization or entity; (5) "Scrap metal" means any ferrous or nonferrous metal that is no longer used for its original purpose and is capable of being processed for reuse by a metal recycling facility, including, but not limited to, iron, brass, wire, cable, copper, bronze, aluminum, platinum, lead, solder, steel, stainless steel, catalytic converters or other similar obsolete ferrous or nonferrous metals, but shall not include recyclable aluminum cans; and (6) "Scrap metal dealer" means a person who buys, exchanges or deals in scrap metal or an employee or agent of that dealer who has the express or implied authority to buy, exchange or deal in scrap metal on behalf of the dealer. Amended by 2017 Tenn. Acts, ch. 414, s 1, eff. 7/1/2017. Acts 2008 , ch. 690, §1; 2012 , ch. 969, § 3.
As used in this chapter, unless the context otherwise requires:
(1) "Commissioner" means the commissioner of commerce and insurance or the commissioner's designee or, in the event of the commissioner's or designee's absence or vacancy in the office of the commissioner, the deputy commissioner;
(2) "Department" means the department of commerce and insurance;
(3) "Licensed HVAC contractor" means a person holding a license from the state board for licensing contractors with a CMC, MC, CMC-C, or MC-C classification;
(4) "Person" means an individual, association, partnership, corporation, or any other legally cognizable organization or entity;
(5) "Scrap metal" means any ferrous or nonferrous metal that is no longer used for its original purpose and is capable of being processed for reuse by a metal recycling facility, including, but not limited to, iron, brass, wire, cable, copper, bronze, aluminum, platinum, lead, solder, steel, stainless steel, catalytic converters or other similar obsolete ferrous or nonferrous metals, but shall not include recyclable aluminum cans; and
(6) "Scrap metal dealer" means a person who buys, exchanges or deals in scrap metal or an employee or agent of that dealer who has the express or implied authority to buy, exchange or deal in scrap metal on behalf of the dealer.
Amended by 2017 Tenn. Acts, ch. 414, s 1, eff. 7/1/2017.
Acts 2008 , ch. 690, §1; 2012 , ch. 969, § 3.
Tenn. Code Ann. § 62-5-208 — TN Code / Title 62 / Chapter 5 / Section 62-5-208
Power to conduct inspections and investigate complaints
Status: in_force

(a) Notwithstanding any provision of this chapter or rule to the contrary, the board is authorized to conduct inspections and investigate complaints to enforce this chapter. (b) The board, utilizing an authorized representative licensed as a funeral director and embalmer, shall: (1) Inspect a funeral establishment making application to the board for initial licensure, change of ownership, or change of location, prior to approving the application; provided, if the establishment to be inspected is a crematory facility, the authorized representative shall also be certified as a crematory operator; and (2) Conduct an unannounced inspection of every funeral establishment each year. The following provisions apply to inspections required by this subdivision (b)(2): (A) Inspections shall be conducted on weekdays between the hours of eight o'clock a.m. (8:00 a.m.) and four-thirty p.m. (4:30 p.m.); (B) Inspections shall be limited in scope to items in an inspection checklist that shall be published on the board's website; provided, that violations of other items that are plainly visible may be documented; and (C) If a funeral establishment is unable to participate due to factors not reasonably within its control, the authorized representative may defer the inspection, or a portion thereof, and the funeral establishment shall not incur a reinspection fee. (c) During the course of inspections, reasonable care shall be used to avoid disruption to invitees being served by the funeral establishment. (d) A licensee shall not unreasonably fail to cooperate with an authorized representative acting in accordance with this chapter. Amended by 2015 Tenn. Acts, ch. 161,s 2, eff. 4/16/2015. Added by 2014 Tenn. Acts, ch. 690,s 2, eff. 4/15/2014.
(a) Notwithstanding any provision of this chapter or rule to the contrary, the board is authorized to conduct inspections and investigate complaints to enforce this chapter.
(b) The board, utilizing an authorized representative licensed as a funeral director and embalmer, shall: (1) Inspect a funeral establishment making application to the board for initial licensure, change of ownership, or change of location, prior to approving the application; provided, if the establishment to be inspected is a crematory facility, the authorized representative shall also be certified as a crematory operator; and (2) Conduct an unannounced inspection of every funeral establishment each year. The following provisions apply to inspections required by this subdivision (b)(2): (A) Inspections shall be conducted on weekdays between the hours of eight o'clock a.m. (8:00 a.m.) and four-thirty p.m. (4:30 p.m.); (B) Inspections shall be limited in scope to items in an inspection checklist that shall be published on the board's website; provided, that violations of other items that are plainly visible may be documented; and (C) If a funeral establishment is unable to participate due to factors not reasonably within its control, the authorized representative may defer the inspection, or a portion thereof, and the funeral establishment shall not incur a reinspection fee.
(1) Inspect a funeral establishment making application to the board for initial licensure, change of ownership, or change of location, prior to approving the application; provided, if the establishment to be inspected is a crematory facility, the authorized representative shall also be certified as a crematory operator; and
(2) Conduct an unannounced inspection of every funeral establishment each year. The following provisions apply to inspections required by this subdivision (b)(2): (A) Inspections shall be conducted on weekdays between the hours of eight o'clock a.m. (8:00 a.m.) and four-thirty p.m. (4:30 p.m.); (B) Inspections shall be limited in scope to items in an inspection checklist that shall be published on the board's website; provided, that violations of other items that are plainly visible may be documented; and (C) If a funeral establishment is unable to participate due to factors not reasonably within its control, the authorized representative may defer the inspection, or a portion thereof, and the funeral establishment shall not incur a reinspection fee.
(A) Inspections shall be conducted on weekdays between the hours of eight o'clock a.m. (8:00 a.m.) and four-thirty p.m. (4:30 p.m.);
(B) Inspections shall be limited in scope to items in an inspection checklist that shall be published on the board's website; provided, that violations of other items that are plainly visible may be documented; and
(C) If a funeral establishment is unable to participate due to factors not reasonably within its control, the authorized representative may defer the inspection, or a portion thereof, and the funeral establishment shall not incur a reinspection fee.
(c) During the course of inspections, reasonable care shall be used to avoid disruption to invitees being served by the funeral establishment.
(d) A licensee shall not unreasonably fail to cooperate with an authorized representative acting in accordance with this chapter.
Amended by 2015 Tenn. Acts, ch. 161,s 2, eff. 4/16/2015.
Added by 2014 Tenn. Acts, ch. 690,s 2, eff. 4/15/2014.
Tenn. Code Ann. § 62-13-311 — TN Code / Title 62 / Chapter 13 / Section 62-13-311
Revocation of license by court - Reinstatement
Status: in_force

Whenever any person, partnership, association, company, firm or corporation claiming to have been injured or damaged by the gross negligence, incompetency, fraud, dishonesty or misconduct on the part of any licensee following the calling or engaging in the business described in this chapter files suit upon the claim against the licensee in any court of record in this state and recovers judgment on the claim, the court may as part of its judgment or decree in such cases, if it deem it a proper case in which so to do, revoke the certificate of license granted under this chapter, and the certificate of license shall not be reissued to the licensee except upon the consenting vote of six (6) of the members of the commission in favor of reissuance. Acts 1973, ch. 181, § 15; T.C.A., § 62-1325; Acts 1982, ch. 864, § 9.
Whenever any person, partnership, association, company, firm or corporation claiming to have been injured or damaged by the gross negligence, incompetency, fraud, dishonesty or misconduct on the part of any licensee following the calling or engaging in the business described in this chapter files suit upon the claim against the licensee in any court of record in this state and recovers judgment on the claim, the court may as part of its judgment or decree in such cases, if it deem it a proper case in which so to do, revoke the certificate of license granted under this chapter, and the certificate of license shall not be reissued to the licensee except upon the consenting vote of six (6) of the members of the commission in favor of reissuance.
Acts 1973, ch. 181, § 15; T.C.A., § 62-1325; Acts 1982, ch. 864, § 9.
Tenn. Code Ann. § 62-18-207 — TN Code / Title 62 / Chapter 18 / Section 62-18-207
Engaging in practice of soil science - Construction of part
Status: in_force

(a) A sole proprietorship, partnership, or corporation that provides soil science services as defined in this part as its primary activity may engage in the practice of soil science; provided, that at least one (1) principal or officer is in responsible charge of such activity and is a licensed professional soil scientist. A sole proprietorship, partnership, or corporation whose primary activity is other than the practice of soil science may offer soil science services; provided, that a licensed professional soil scientist is in responsible charge of such activity. The exemptions of § 62-18-206 shall apply to sole proprietorships, partnerships, and corporations. (b) This part shall not be construed to prevent or to affect the practice of any profession or trade related to soil science for which a license or registration is required under any other law of this state when such work is permitted under the applicable licensing or registration law. Acts 2010 , ch. 1032, § 8.
(a) A sole proprietorship, partnership, or corporation that provides soil science services as defined in this part as its primary activity may engage in the practice of soil science; provided, that at least one (1) principal or officer is in responsible charge of such activity and is a licensed professional soil scientist. A sole proprietorship, partnership, or corporation whose primary activity is other than the practice of soil science may offer soil science services; provided, that a licensed professional soil scientist is in responsible charge of such activity. The exemptions of § 62-18-206 shall apply to sole proprietorships, partnerships, and corporations.
(b) This part shall not be construed to prevent or to affect the practice of any profession or trade related to soil science for which a license or registration is required under any other law of this state when such work is permitted under the applicable licensing or registration law.
Acts 2010 , ch. 1032, § 8.
Tenn. Code Ann. § 62-26-202 — TN Code / Title 62 / Chapter 26 / Section 62-26-202
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Branch manager" means the individual who is immediately responsible for the operation of a branch office; (2) "Branch office" means any office of an investigations company within this state other than its principal place of business within this state; (3) [Deleted by 2021 amendment.] (4) "Commissioner" means the commissioner of commerce and insurance or the commissioner's designee; (5) "Identification card" means a pocket card issued by the commissioner evidencing that the holder has met the qualifications required by this part to perform the duties of a private investigator in this state; (6) "Investigations company" means any person who engages in the business or accepts employment to obtain or furnish information with reference to: (A) Crime or wrongs done or threatened against the United States or any state or territory of the United States; (B) The identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputations or character of any person; (C) The location, disposition or recovery of lost or stolen property; (D) The cause or responsibility for fires, libels, losses, accidents, damages or injuries to persons or to property; or (E) The securing of evidence to be used before any court, board, commission, officer or investigating committee; (7) "Licensee" means any investigations company and private investigator licensed in accordance with this part; (8) "Person" means any individual, firm, association, company, partnership, corporation, nonprofit organization, institution or similar entity; (9) "Principal corporate officer" means the chief executive officer, president, vice president, treasurer, secretary or comptroller, as well as any other responsible officer or executive employee who performs functions for the corporation corresponding to those performed by the chief executive officer, president, vice president, treasurer, secretary or comptroller; (10) "Private investigator" means any person who performs one (1) or more services described in subdivision (6); and (11) "Qualifying agent" means a principal corporate officer meeting the qualifications set forth in this part for operating an investigations company. Amended by 2021 Tenn. Acts, ch. 294, s 2, eff. 7/1/2021. Acts 1990, ch. 780, § 3; 1991, ch. 457, § 1; 1993, ch. 511, §§ 1, 2; 1999, ch. 253, §§ 1, 4.
As used in this part, unless the context otherwise requires:
(1) "Branch manager" means the individual who is immediately responsible for the operation of a branch office;
(2) "Branch office" means any office of an investigations company within this state other than its principal place of business within this state;
(3) [Deleted by 2021 amendment.]
(4) "Commissioner" means the commissioner of commerce and insurance or the commissioner's designee;
(5) "Identification card" means a pocket card issued by the commissioner evidencing that the holder has met the qualifications required by this part to perform the duties of a private investigator in this state;
(6) "Investigations company" means any person who engages in the business or accepts employment to obtain or furnish information with reference to: (A) Crime or wrongs done or threatened against the United States or any state or territory of the United States; (B) The identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputations or character of any person; (C) The location, disposition or recovery of lost or stolen property; (D) The cause or responsibility for fires, libels, losses, accidents, damages or injuries to persons or to property; or (E) The securing of evidence to be used before any court, board, commission, officer or investigating committee;
(A) Crime or wrongs done or threatened against the United States or any state or territory of the United States;
(B) The identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputations or character of any person;
(C) The location, disposition or recovery of lost or stolen property;
(D) The cause or responsibility for fires, libels, losses, accidents, damages or injuries to persons or to property; or
(E) The securing of evidence to be used before any court, board, commission, officer or investigating committee;
(7) "Licensee" means any investigations company and private investigator licensed in accordance with this part;
(8) "Person" means any individual, firm, association, company, partnership, corporation, nonprofit organization, institution or similar entity;
(9) "Principal corporate officer" means the chief executive officer, president, vice president, treasurer, secretary or comptroller, as well as any other responsible officer or executive employee who performs functions for the corporation corresponding to those performed by the chief executive officer, president, vice president, treasurer, secretary or comptroller;
(10) "Private investigator" means any person who performs one (1) or more services described in subdivision (6); and
(11) "Qualifying agent" means a principal corporate officer meeting the qualifications set forth in this part for operating an investigations company.
Amended by 2021 Tenn. Acts, ch. 294, s 2, eff. 7/1/2021.
Acts 1990, ch. 780, § 3; 1991, ch. 457, § 1; 1993, ch. 511, §§ 1, 2; 1999, ch. 253, §§ 1, 4.
Tenn. Code Ann. § 62-35-125 — TN Code / Title 62 / Chapter 35 / Section 62-35-125
Carrying of weapons by security guards/officers
Status: in_force

An armed security guard/officer may carry only the types of firearms that the commissioner prescribes, by rules and regulations, in the performance of the person's duties. A security guard/officer may carry a firearm only if certified to carry the firearm. With proper certification, an unarmed or armed security guard/officer may carry any other type weapon, including, but not be limited to, clubs or batons, stun guns, the chemical spray known as mace or any other tool or weapon that the commissioner may prescribe. Acts 1987, ch. 436, § 25; 1988, ch. 987, § 11; 1996, ch. 1009, §12; 1997 , ch. 369, § 4.
An armed security guard/officer may carry only the types of firearms that the commissioner prescribes, by rules and regulations, in the performance of the person's duties. A security guard/officer may carry a firearm only if certified to carry the firearm. With proper certification, an unarmed or armed security guard/officer may carry any other type weapon, including, but not be limited to, clubs or batons, stun guns, the chemical spray known as mace or any other tool or weapon that the commissioner may prescribe.
Acts 1987, ch. 436, § 25; 1988, ch. 987, § 11; 1996, ch. 1009, §12; 1997 , ch. 369, § 4.