Tenn. Code Ann. § 62-6-501 — TN Code / Title 62 / Chapter 6 / Section 62-6-501
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Actual loss" means amounts paid or payable for the cost of restoration, repair, replacement or completion of work performed in a poor or unworkmanlike manner or that is otherwise inadequate or incomplete; (2) "Board" means the state board for licensing contractors; (3) "Claimant" means an owner who: (A) (i) Resides in a residence or dwelling unit with respect to which a claim is made; or (ii) Owns not more than four (4) residences or dwelling units; and (B) Makes a claim against the bond; (4) (A) "Home improvement" means the repair, replacement, remodeling, alteration, conversion, modernization, improvement or addition to any land or building, or that portion of the land or building, that is used or designed to be used as a residence or dwelling unit for one (1), two (2), three (3) or four (4) dwelling units, and includes the construction, replacement or improvement of driveways, swimming pools, porches, garages, landscaping, fences, fall-out shelters, roofing, painting and other improvements to structures or upon land that is adjacent to a dwelling house for one (1), two (2), three (3) or four (4) dwelling units. Without regard to the extent of affixation, "home improvement" includes the installation of central heating or air conditioning systems, storm windows or awnings; (B) "Home improvement" does not include: (i) The construction of a new home building or work done by a contractor in compliance with a guarantee of completion of a new building project; (ii) Any home improvement for which the contract price is three thousand dollars ($3,000) or less; (iii) The sale of goods or materials by a seller who neither arranges to perform nor performs directly or indirectly any work or labor in connection with the installation of or application of the goods or materials, including the incidental installation of the goods or materials; provided, that the installation does not involve alterations to the structure of the building or its plumbing or wiring; (iv) Any replacement, installation or connection of appliances to existing exposed plumbing lines that requires alteration of the existing lines; (v) The replacement, installation and connection of dishwashers, disposals and refrigerators with icemakers to existing exposed household plumbing lines; or (vi) The replacement, installation and connection of dryers; or (vii) Interior design services that are services in connection with the design, utilization, furnishing or fabrication of elements in interior spaces of buildings and related structures and includes, without being limited to, any or all of the following: (a) Identifying, researching or creatively solving problems pertaining to the function and quality of interior space; (b) Performing services to include consultations, programming, design analysis, drawings, specifications and installations in connection with space utilization, the specification of fixtures and their location, furnishings, reflected ceiling plans and the fabrication of nonstructural elements of interior spaces of buildings, excluding those services specified by law to require other licensed professionals, such as the design of mechanical, plumbing, electrical and load-bearing structural systems; and (c) Preparing drawings and documents relative to the design of interior spaces; (5) "Home improvement contract" means an agreement between a contractor and an owner for the performance of home improvement, and includes all labor, services and materials to be furnished and performed under the agreement; (6) "Home improvement contractor" means any person, other than a bona fide employee of the owner, who undertakes or offers to undertake or agrees to perform any home improvement for the owner, whether or not the person is licensed or subject to the licensing requirements of this chapter; (7) "Licensee" means a person licensed to engage in the home improvement business under this part; (8) "Owner" means any homeowner, tenant or any other person who orders, contracts for or purchases the home improvement services of a contractor or the person entitled to the performance of the work of a contractor pursuant to a home improvement contract; (9) "Person" includes an individual, partnership, corporation, trust, association, owner, contractor, salesperson or any other legal entity; and (10) "Subcontractor" means any person other than a materialman or laborer who enters into a contract with a contractor for the performance of any part of the contractor's contract or who enters into a contract with any subcontractor for the performance of any part of the subcontractor's contract and who does not perform work other than as a subcontractor. Acts 2007, ch. 460, § 2.
As used in this part, unless the context otherwise requires:
(1) "Actual loss" means amounts paid or payable for the cost of restoration, repair, replacement or completion of work performed in a poor or unworkmanlike manner or that is otherwise inadequate or incomplete;
(2) "Board" means the state board for licensing contractors;
(3) "Claimant" means an owner who: (A) (i) Resides in a residence or dwelling unit with respect to which a claim is made; or (ii) Owns not more than four (4) residences or dwelling units; and (B) Makes a claim against the bond;
(A) (i) Resides in a residence or dwelling unit with respect to which a claim is made; or (ii) Owns not more than four (4) residences or dwelling units; and
(i) Resides in a residence or dwelling unit with respect to which a claim is made; or
(ii) Owns not more than four (4) residences or dwelling units; and
(B) Makes a claim against the bond;
(4) (A) "Home improvement" means the repair, replacement, remodeling, alteration, conversion, modernization, improvement or addition to any land or building, or that portion of the land or building, that is used or designed to be used as a residence or dwelling unit for one (1), two (2), three (3) or four (4) dwelling units, and includes the construction, replacement or improvement of driveways, swimming pools, porches, garages, landscaping, fences, fall-out shelters, roofing, painting and other improvements to structures or upon land that is adjacent to a dwelling house for one (1), two (2), three (3) or four (4) dwelling units. Without regard to the extent of affixation, "home improvement" includes the installation of central heating or air conditioning systems, storm windows or awnings; (B) "Home improvement" does not include: (i) The construction of a new home building or work done by a contractor in compliance with a guarantee of completion of a new building project; (ii) Any home improvement for which the contract price is three thousand dollars ($3,000) or less; (iii) The sale of goods or materials by a seller who neither arranges to perform nor performs directly or indirectly any work or labor in connection with the installation of or application of the goods or materials, including the incidental installation of the goods or materials; provided, that the installation does not involve alterations to the structure of the building or its plumbing or wiring; (iv) Any replacement, installation or connection of appliances to existing exposed plumbing lines that requires alteration of the existing lines; (v) The replacement, installation and connection of dishwashers, disposals and refrigerators with icemakers to existing exposed household plumbing lines; or (vi) The replacement, installation and connection of dryers; or (vii) Interior design services that are services in connection with the design, utilization, furnishing or fabrication of elements in interior spaces of buildings and related structures and includes, without being limited to, any or all of the following: (a) Identifying, researching or creatively solving problems pertaining to the function and quality of interior space; (b) Performing services to include consultations, programming, design analysis, drawings, specifications and installations in connection with space utilization, the specification of fixtures and their location, furnishings, reflected ceiling plans and the fabrication of nonstructural elements of interior spaces of buildings, excluding those services specified by law to require other licensed professionals, such as the design of mechanical, plumbing, electrical and load-bearing structural systems; and (c) Preparing drawings and documents relative to the design of interior spaces;
(A) "Home improvement" means the repair, replacement, remodeling, alteration, conversion, modernization, improvement or addition to any land or building, or that portion of the land or building, that is used or designed to be used as a residence or dwelling unit for one (1), two (2), three (3) or four (4) dwelling units, and includes the construction, replacement or improvement of driveways, swimming pools, porches, garages, landscaping, fences, fall-out shelters, roofing, painting and other improvements to structures or upon land that is adjacent to a dwelling house for one (1), two (2), three (3) or four (4) dwelling units. Without regard to the extent of affixation, "home improvement" includes the installation of central heating or air conditioning systems, storm windows or awnings;
(B) "Home improvement" does not include: (i) The construction of a new home building or work done by a contractor in compliance with a guarantee of completion of a new building project; (ii) Any home improvement for which the contract price is three thousand dollars ($3,000) or less; (iii) The sale of goods or materials by a seller who neither arranges to perform nor performs directly or indirectly any work or labor in connection with the installation of or application of the goods or materials, including the incidental installation of the goods or materials; provided, that the installation does not involve alterations to the structure of the building or its plumbing or wiring; (iv) Any replacement, installation or connection of appliances to existing exposed plumbing lines that requires alteration of the existing lines; (v) The replacement, installation and connection of dishwashers, disposals and refrigerators with icemakers to existing exposed household plumbing lines; or (vi) The replacement, installation and connection of dryers; or (vii) Interior design services that are services in connection with the design, utilization, furnishing or fabrication of elements in interior spaces of buildings and related structures and includes, without being limited to, any or all of the following: (a) Identifying, researching or creatively solving problems pertaining to the function and quality of interior space; (b) Performing services to include consultations, programming, design analysis, drawings, specifications and installations in connection with space utilization, the specification of fixtures and their location, furnishings, reflected ceiling plans and the fabrication of nonstructural elements of interior spaces of buildings, excluding those services specified by law to require other licensed professionals, such as the design of mechanical, plumbing, electrical and load-bearing structural systems; and (c) Preparing drawings and documents relative to the design of interior spaces;
(i) The construction of a new home building or work done by a contractor in compliance with a guarantee of completion of a new building project;
(ii) Any home improvement for which the contract price is three thousand dollars ($3,000) or less;
(iii) The sale of goods or materials by a seller who neither arranges to perform nor performs directly or indirectly any work or labor in connection with the installation of or application of the goods or materials, including the incidental installation of the goods or materials; provided, that the installation does not involve alterations to the structure of the building or its plumbing or wiring;
(iv) Any replacement, installation or connection of appliances to existing exposed plumbing lines that requires alteration of the existing lines;
(v) The replacement, installation and connection of dishwashers, disposals and refrigerators with icemakers to existing exposed household plumbing lines; or
(vi) The replacement, installation and connection of dryers; or
(vii) Interior design services that are services in connection with the design, utilization, furnishing or fabrication of elements in interior spaces of buildings and related structures and includes, without being limited to, any or all of the following: (a) Identifying, researching or creatively solving problems pertaining to the function and quality of interior space; (b) Performing services to include consultations, programming, design analysis, drawings, specifications and installations in connection with space utilization, the specification of fixtures and their location, furnishings, reflected ceiling plans and the fabrication of nonstructural elements of interior spaces of buildings, excluding those services specified by law to require other licensed professionals, such as the design of mechanical, plumbing, electrical and load-bearing structural systems; and (c) Preparing drawings and documents relative to the design of interior spaces;
(a) Identifying, researching or creatively solving problems pertaining to the function and quality of interior space;
(b) Performing services to include consultations, programming, design analysis, drawings, specifications and installations in connection with space utilization, the specification of fixtures and their location, furnishings, reflected ceiling plans and the fabrication of nonstructural elements of interior spaces of buildings, excluding those services specified by law to require other licensed professionals, such as the design of mechanical, plumbing, electrical and load-bearing structural systems; and
(c) Preparing drawings and documents relative to the design of interior spaces;
(5) "Home improvement contract" means an agreement between a contractor and an owner for the performance of home improvement, and includes all labor, services and materials to be furnished and performed under the agreement;
(6) "Home improvement contractor" means any person, other than a bona fide employee of the owner, who undertakes or offers to undertake or agrees to perform any home improvement for the owner, whether or not the person is licensed or subject to the licensing requirements of this chapter;
(7) "Licensee" means a person licensed to engage in the home improvement business under this part;
(8) "Owner" means any homeowner, tenant or any other person who orders, contracts for or purchases the home improvement services of a contractor or the person entitled to the performance of the work of a contractor pursuant to a home improvement contract;
(9) "Person" includes an individual, partnership, corporation, trust, association, owner, contractor, salesperson or any other legal entity; and
(10) "Subcontractor" means any person other than a materialman or laborer who enters into a contract with a contractor for the performance of any part of the contractor's contract or who enters into a contract with any subcontractor for the performance of any part of the subcontractor's contract and who does not perform work other than as a subcontractor.
Acts 2007, ch. 460, § 2.
Tenn. Code Ann. § 62-5-508 — TN Code / Title 62 / Chapter 5 / Section 62-5-508
Final disposition of remains - Unclaimed cremated remains
Status: in_force

(a) Except as provided in subsection (b), no person shall: (1) Dispose of the cremated remains of a dead human body or body parts in such a manner or in such a location that the cremated remains are commingled with those of another decedent or body parts removed from another decedent or living person; or (2) Place the cremated remains of more than one (1) decedent or of body parts removed from more than one (1) decedent or living person in the same urn or temporary container. (b) Notwithstanding subsection (a), a person may: (1) Scatter cremated remains at sea, by air or in a dedicated area at a cemetery used exclusively for the scattering on the ground of the cremated remains of dead human bodies or body parts; (2) Commingle cremated remains of more than one (1) decedent or of body parts removed from more than one (1) decedent or living person or the placement in the same urn or temporary container of the cremated remains of more than one (1) decedent or of body parts removed from more than one (1) decedent or living person if operating under specific instructions from the decedent or decedents or an heir or personal representative designated by the decedent or decedents to make such a decision; and (3) If the person is operating under the decedent's instructions, commingle the cremated remains or body parts removed from another decedent or living person, after receipt of the cremated remains or the body parts, with those of another decedent or body parts removed from another decedent or living person. (c) Unless otherwise specified by any written agreement between the operator of the crematory facility or funeral establishment and the person or entity requesting the cremation of human remains, any cremated human remains unclaimed one hundred eighty (180) calendar days from the date of cremation, may be interred, entombed, or inurned by the operator of the crematory facility, and a record of the disposition of such unclaimed cremated human remains shall be made available by the operator of the crematory facility or funeral establishment for inspection on weekdays between the hours of eight o'clock a.m. (8:00 a.m.) and four-thirty p.m. (4:30 p.m.). Amended by 2014 Tenn. Acts, ch. 690, s 3, eff. 4/15/2014. Acts 1999, ch. 215, § 8; 2000, ch. 779, §§ 16 - 18; 2010 , ch. 655, § 1.
(a) Except as provided in subsection (b), no person shall: (1) Dispose of the cremated remains of a dead human body or body parts in such a manner or in such a location that the cremated remains are commingled with those of another decedent or body parts removed from another decedent or living person; or (2) Place the cremated remains of more than one (1) decedent or of body parts removed from more than one (1) decedent or living person in the same urn or temporary container.
(1) Dispose of the cremated remains of a dead human body or body parts in such a manner or in such a location that the cremated remains are commingled with those of another decedent or body parts removed from another decedent or living person; or
(2) Place the cremated remains of more than one (1) decedent or of body parts removed from more than one (1) decedent or living person in the same urn or temporary container.
(b) Notwithstanding subsection (a), a person may: (1) Scatter cremated remains at sea, by air or in a dedicated area at a cemetery used exclusively for the scattering on the ground of the cremated remains of dead human bodies or body parts; (2) Commingle cremated remains of more than one (1) decedent or of body parts removed from more than one (1) decedent or living person or the placement in the same urn or temporary container of the cremated remains of more than one (1) decedent or of body parts removed from more than one (1) decedent or living person if operating under specific instructions from the decedent or decedents or an heir or personal representative designated by the decedent or decedents to make such a decision; and (3) If the person is operating under the decedent's instructions, commingle the cremated remains or body parts removed from another decedent or living person, after receipt of the cremated remains or the body parts, with those of another decedent or body parts removed from another decedent or living person.
(1) Scatter cremated remains at sea, by air or in a dedicated area at a cemetery used exclusively for the scattering on the ground of the cremated remains of dead human bodies or body parts;
(2) Commingle cremated remains of more than one (1) decedent or of body parts removed from more than one (1) decedent or living person or the placement in the same urn or temporary container of the cremated remains of more than one (1) decedent or of body parts removed from more than one (1) decedent or living person if operating under specific instructions from the decedent or decedents or an heir or personal representative designated by the decedent or decedents to make such a decision; and
(3) If the person is operating under the decedent's instructions, commingle the cremated remains or body parts removed from another decedent or living person, after receipt of the cremated remains or the body parts, with those of another decedent or body parts removed from another decedent or living person.
(c) Unless otherwise specified by any written agreement between the operator of the crematory facility or funeral establishment and the person or entity requesting the cremation of human remains, any cremated human remains unclaimed one hundred eighty (180) calendar days from the date of cremation, may be interred, entombed, or inurned by the operator of the crematory facility, and a record of the disposition of such unclaimed cremated human remains shall be made available by the operator of the crematory facility or funeral establishment for inspection on weekdays between the hours of eight o'clock a.m. (8:00 a.m.) and four-thirty p.m. (4:30 p.m.).
Amended by 2014 Tenn. Acts, ch. 690, s 3, eff. 4/15/2014.
Acts 1999, ch. 215, § 8; 2000, ch. 779, §§ 16 - 18; 2010 , ch. 655, § 1.
Tenn. Code Ann. § 62-2-302 — TN Code / Title 62 / Chapter 2 / Section 62-2-302
Board members examining and voting on applicants
Status: in_force

(a) (1) In determining the qualifications of applicants for registration as architects, a majority vote of the architect members of the board only shall be required. (2) In determining the qualifications of applicants for registration as engineers, a majority vote of the engineer members of the board only shall be required. (3) In determining the qualifications of applicants for registration as landscape architects, the one (1) landscape architect board member and one (1) architect or engineer board member only shall be required. (4) In determining the qualifications of applicants for registration as registered interior designers, the registered interior designer board member and one (1) architect, engineer or landscape architect board member only shall be required; provided, that for the first registered interior designer board member no such vote shall be required. (b) (1) Applicants for registration as architects shall be examined by architect members of the board only and applicants for registration as engineers shall be examined by the engineer members of the board only. (2) Applicants for registration as landscape architects shall be examined by the landscape architect member and one (1) architect and engineer member of the board. (3) Applicants for registration as registered interior designers shall be examined by the registered interior designer member and one (1) architect and engineer member of the board. (c) In the event the board denies issuance of a certificate to an applicant, no refund of any part of the application fee shall be returned by the board to the applicant. (d) For purposes of this section, the member of the board appointed under the authority of § 62-2-201(b) is not a voting member of the board. Acts 1979, ch. 263, § 22; T.C.A., § 62-222; Acts 1988, ch. 990, § 16; 1991, ch. 164, §§ 21, 22; 1997 , ch. 33, §§ 11, 12.
(a) (1) In determining the qualifications of applicants for registration as architects, a majority vote of the architect members of the board only shall be required. (2) In determining the qualifications of applicants for registration as engineers, a majority vote of the engineer members of the board only shall be required. (3) In determining the qualifications of applicants for registration as landscape architects, the one (1) landscape architect board member and one (1) architect or engineer board member only shall be required. (4) In determining the qualifications of applicants for registration as registered interior designers, the registered interior designer board member and one (1) architect, engineer or landscape architect board member only shall be required; provided, that for the first registered interior designer board member no such vote shall be required.
(1) In determining the qualifications of applicants for registration as architects, a majority vote of the architect members of the board only shall be required.
(2) In determining the qualifications of applicants for registration as engineers, a majority vote of the engineer members of the board only shall be required.
(3) In determining the qualifications of applicants for registration as landscape architects, the one (1) landscape architect board member and one (1) architect or engineer board member only shall be required.
(4) In determining the qualifications of applicants for registration as registered interior designers, the registered interior designer board member and one (1) architect, engineer or landscape architect board member only shall be required; provided, that for the first registered interior designer board member no such vote shall be required.
(b) (1) Applicants for registration as architects shall be examined by architect members of the board only and applicants for registration as engineers shall be examined by the engineer members of the board only. (2) Applicants for registration as landscape architects shall be examined by the landscape architect member and one (1) architect and engineer member of the board. (3) Applicants for registration as registered interior designers shall be examined by the registered interior designer member and one (1) architect and engineer member of the board.
(1) Applicants for registration as architects shall be examined by architect members of the board only and applicants for registration as engineers shall be examined by the engineer members of the board only.
(2) Applicants for registration as landscape architects shall be examined by the landscape architect member and one (1) architect and engineer member of the board.
(3) Applicants for registration as registered interior designers shall be examined by the registered interior designer member and one (1) architect and engineer member of the board.
(c) In the event the board denies issuance of a certificate to an applicant, no refund of any part of the application fee shall be returned by the board to the applicant.
(d) For purposes of this section, the member of the board appointed under the authority of § 62-2-201(b) is not a voting member of the board.
Acts 1979, ch. 263, § 22; T.C.A., § 62-222; Acts 1988, ch. 990, § 16; 1991, ch. 164, §§ 21, 22; 1997 , ch. 33, §§ 11, 12.
Tenn. Code Ann. § 62-26-207 — TN Code / Title 62 / Chapter 26 / Section 62-26-207
Private investigator license - Applicants - Requirements - Apprentice status
Status: in_force

(a) Each applicant for a private investigator license must: (1) Be at least twenty-one (21) years of age; (2) Be a citizen of the United States or a resident alien; (3) Not have been declared by any court of competent jurisdiction incompetent by reason of mental defect or disease unless a court of competent jurisdiction has since declared the applicant competent; (4) Not be suffering from habitual drunkenness or narcotics addiction or dependence; (5) Be of good moral character; and (6) Pass an examination to be administered at least twice annually by the commissioner, designed to measure knowledge and competence in the investigations field. (b) The commissioner shall grant apprentice status, by correspondence, to an applicant for an individual investigator's license; provided, that the applicant is employed by an investigative company. The apprentice is enjoined from working without the direct supervision of a licensed investigator until such time as the apprentice's license application is fully processed. (c) An apprenticeship may not commence until the sponsoring company has submitted a notice of intent to sponsor. The notice shall be by written endorsement to the application of the apprentice. (d) An apprentice status shall be limited to six (6) months, and a person shall be able to apply for an apprentice status only once. (e) Apprenticeship is intended to serve as a learning process. Sponsors shall assume a training status by providing direction and control of the apprentice. No sponsor may sponsor more than six (6) apprentices at one time. The sponsor shall certify completion of training or the termination of the apprentice within fifteen (15) days of such action. The report shall be in a form that may be required by the commissioner, but shall include as a minimum the following: (1) The inclusive dates of the apprenticeship; (2) A narrative explaining the primary duties, types of experiences gained and the scope of the training received; and (3) An evaluation of the performance of the apprentice and a recommendation regarding future licensing. Acts 1990, ch. 780, § 8; 1991, ch. 457, §§ 6, 7; 1993, ch. 511, §§ 7, 25.
(a) Each applicant for a private investigator license must: (1) Be at least twenty-one (21) years of age; (2) Be a citizen of the United States or a resident alien; (3) Not have been declared by any court of competent jurisdiction incompetent by reason of mental defect or disease unless a court of competent jurisdiction has since declared the applicant competent; (4) Not be suffering from habitual drunkenness or narcotics addiction or dependence; (5) Be of good moral character; and (6) Pass an examination to be administered at least twice annually by the commissioner, designed to measure knowledge and competence in the investigations field.
(1) Be at least twenty-one (21) years of age;
(2) Be a citizen of the United States or a resident alien;
(3) Not have been declared by any court of competent jurisdiction incompetent by reason of mental defect or disease unless a court of competent jurisdiction has since declared the applicant competent;
(4) Not be suffering from habitual drunkenness or narcotics addiction or dependence;
(5) Be of good moral character; and
(6) Pass an examination to be administered at least twice annually by the commissioner, designed to measure knowledge and competence in the investigations field.
(b) The commissioner shall grant apprentice status, by correspondence, to an applicant for an individual investigator's license; provided, that the applicant is employed by an investigative company. The apprentice is enjoined from working without the direct supervision of a licensed investigator until such time as the apprentice's license application is fully processed.
(c) An apprenticeship may not commence until the sponsoring company has submitted a notice of intent to sponsor. The notice shall be by written endorsement to the application of the apprentice.
(d) An apprentice status shall be limited to six (6) months, and a person shall be able to apply for an apprentice status only once.
(e) Apprenticeship is intended to serve as a learning process. Sponsors shall assume a training status by providing direction and control of the apprentice. No sponsor may sponsor more than six (6) apprentices at one time. The sponsor shall certify completion of training or the termination of the apprentice within fifteen (15) days of such action. The report shall be in a form that may be required by the commissioner, but shall include as a minimum the following: (1) The inclusive dates of the apprenticeship; (2) A narrative explaining the primary duties, types of experiences gained and the scope of the training received; and (3) An evaluation of the performance of the apprentice and a recommendation regarding future licensing.
(1) The inclusive dates of the apprenticeship;
(2) A narrative explaining the primary duties, types of experiences gained and the scope of the training received; and
(3) An evaluation of the performance of the apprentice and a recommendation regarding future licensing.
Acts 1990, ch. 780, § 8; 1991, ch. 457, §§ 6, 7; 1993, ch. 511, §§ 7, 25.
Tenn. Code Ann. § 62-39-321 — TN Code / Title 62 / Chapter 39 / Section 62-39-321
Certificate of good standing
Status: in_force

The commission, upon payment of a fee in an amount specified in its regulations, shall issue a letter stating that a license or certificate holder is in good standing in this state. Acts 1990, ch. 865, § 30; 1991, ch. 366, § 33.
The commission, upon payment of a fee in an amount specified in its regulations, shall issue a letter stating that a license or certificate holder is in good standing in this state.
Acts 1990, ch. 865, § 30; 1991, ch. 366, § 33.
Tenn. Code Ann. § 62-2-901 — TN Code / Title 62 / Chapter 2 / Section 62-2-901
Short title
Status: in_force

This part shall be known and may be cited as the "Interior Designers Title Registration Act." Acts 1991, ch. 164, § 2.
This part shall be known and may be cited as the "Interior Designers Title Registration Act."
Acts 1991, ch. 164, § 2.
Tenn. Code Ann. § 62-4-138 — TN Code / Title 62 / Chapter 4 / Section 62-4-138
License for mobile shop
Status: in_force

(a) No person shall operate a mobile shop without a valid mobile shop license issued by the board. Application for the license shall be made upon application forms furnished by the board. (b) The board shall issue a license for a mobile shop to an applicant who: (1) Holds a valid, current license for a shop that has a fixed location; (2) Pays an application fee in an amount set by the board by rule, not to exceed the cost of administering this section; (3) Pays an initial license fee in the amount set by the board by rule; and (4) Undergoes and passes an initial inspection. (c) A license for a mobile shop shall be subject to renewal at the same time that the licensee's shop license is subject to renewal pursuant to § 62-4-118(h) . The renewal fee for a license for a mobile shop shall be set by the board by rule. (d) A mobile shop for which a license is issued shall be subject to all of the health and safety requirements that apply to shops that have a fixed location under this part and the rules promulgated pursuant thereto; provided, that a mobile shop shall not be required to have a restroom and that the board may promulgate rules allowing or requiring mobile shops to have equipment different from shops with a fixed location. (e) (1) The board may either refuse to issue or renew or may suspend or revoke any license for a mobile shop for any of the reasons in § 62-4-127 . (2) The board shall revoke any license for a mobile shop if the licensee's license for a shop that has a fixed location expires or is revoked. (3) If a licensee's license for a shop that has a fixed location is suspended, the board shall also suspend any license that has been issued to such licensee for a mobile shop for the same period of time. Amended by 2024 Tenn. Acts, ch. 1060,s 31, eff. 7/1/2024. Added by 2016 Tenn. Acts, ch. 983, s 4, eff. 4/27/2016.
(a) No person shall operate a mobile shop without a valid mobile shop license issued by the board. Application for the license shall be made upon application forms furnished by the board.
(b) The board shall issue a license for a mobile shop to an applicant who: (1) Holds a valid, current license for a shop that has a fixed location; (2) Pays an application fee in an amount set by the board by rule, not to exceed the cost of administering this section; (3) Pays an initial license fee in the amount set by the board by rule; and (4) Undergoes and passes an initial inspection.
(1) Holds a valid, current license for a shop that has a fixed location;
(2) Pays an application fee in an amount set by the board by rule, not to exceed the cost of administering this section;
(3) Pays an initial license fee in the amount set by the board by rule; and
(4) Undergoes and passes an initial inspection.
(c) A license for a mobile shop shall be subject to renewal at the same time that the licensee's shop license is subject to renewal pursuant to § 62-4-118(h) . The renewal fee for a license for a mobile shop shall be set by the board by rule.
(d) A mobile shop for which a license is issued shall be subject to all of the health and safety requirements that apply to shops that have a fixed location under this part and the rules promulgated pursuant thereto; provided, that a mobile shop shall not be required to have a restroom and that the board may promulgate rules allowing or requiring mobile shops to have equipment different from shops with a fixed location.
(e) (1) The board may either refuse to issue or renew or may suspend or revoke any license for a mobile shop for any of the reasons in § 62-4-127 . (2) The board shall revoke any license for a mobile shop if the licensee's license for a shop that has a fixed location expires or is revoked. (3) If a licensee's license for a shop that has a fixed location is suspended, the board shall also suspend any license that has been issued to such licensee for a mobile shop for the same period of time.
(1) The board may either refuse to issue or renew or may suspend or revoke any license for a mobile shop for any of the reasons in § 62-4-127 .
(2) The board shall revoke any license for a mobile shop if the licensee's license for a shop that has a fixed location expires or is revoked.
(3) If a licensee's license for a shop that has a fixed location is suspended, the board shall also suspend any license that has been issued to such licensee for a mobile shop for the same period of time.
Amended by 2024 Tenn. Acts, ch. 1060,s 31, eff. 7/1/2024.
Added by 2016 Tenn. Acts, ch. 983, s 4, eff. 4/27/2016.
Tenn. Code Ann. § 62-21-104 — TN Code / Title 62 / Chapter 21 / Section 62-21-104
Creation of board - Notification of vacancy - Termination due to vacancy
Status: in_force

(a) A seven-member pest control advisory board is created and established. The board shall consist of the commissioner or the commissioner's designated representative, the director of the division of plant industries, a member of the staff of a university of this state, two (2) licensed commercial pest control operators and two (2) Tennessee citizens who are not associated with the pest control industry. (b) (1) The governor shall appoint the members of the board to serve four-year terms, and, in the event of a vacancy, the governor shall appoint an interim member to fill the unexpired portion of the previous member's term. If the board incurs a vacancy, it shall notify the appointing authority in writing within ninety (90) days after the vacancy occurs and shall provide a list of qualified persons to be appointed to the board and information regarding the qualified persons that is sufficient for the appointing authority to make an informed decision. All vacancies on the board, other than ex officio members, shall be filled by the appointing authority within ninety (90) days of receiving written notice of the vacancy and sufficient information is provided for the appointing authority to make an informed decision in regard to filling the vacancy. If the board has more than one (1) vacancy that is more than one hundred eighty (180) days in duration, the board shall report to the government operations committees of the house of representatives and the senate on why the vacancies have not been filled. If more than one-half (1/2) of the positions on the board are vacant for more than one hundred eighty (180) consecutive days, the board shall terminate; provided, that the board shall wind up its affairs pursuant to § 4-29-112 . The board that is terminated pursuant to this subsection (b) shall be reviewed by the evaluation committees pursuant to the Uniform Administrative Procedures Act, compiled at title 4, chapter 5, before ceasing all its activities. Nothing in this section shall prohibit the general assembly from continuing, restructuring or reestablishing the board. This subsection (b) shall only apply if the governor is authorized to make appointments to at least one-half (1/2) of the positions on the board. (2) 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. (c) With the exception of the commissioner, no proxies nor power to designate a representative to serve in the place of a board member shall be allowed. (d) The department shall establish by written policy, rule or regulation, provisions relative to conflicts of interest of board members. Amended by 2020 Tenn. Acts, ch. 640, Secs.s 2, s 3 eff. 4/1/2020. Acts 1978, ch. 844, § 4; T.C.A., § 62-2104; Acts 1983, ch. 125, §§ 1, 2; 1988, ch. 545, § 7; 1988, ch. 1013, § 36; 2000, ch. 835, § 3; 2003 , ch. 177, § 3. See 2020 Tenn. Acts, ch. 640, s 13.
(a) A seven-member pest control advisory board is created and established. The board shall consist of the commissioner or the commissioner's designated representative, the director of the division of plant industries, a member of the staff of a university of this state, two (2) licensed commercial pest control operators and two (2) Tennessee citizens who are not associated with the pest control industry.
(b) (1) The governor shall appoint the members of the board to serve four-year terms, and, in the event of a vacancy, the governor shall appoint an interim member to fill the unexpired portion of the previous member's term. If the board incurs a vacancy, it shall notify the appointing authority in writing within ninety (90) days after the vacancy occurs and shall provide a list of qualified persons to be appointed to the board and information regarding the qualified persons that is sufficient for the appointing authority to make an informed decision. All vacancies on the board, other than ex officio members, shall be filled by the appointing authority within ninety (90) days of receiving written notice of the vacancy and sufficient information is provided for the appointing authority to make an informed decision in regard to filling the vacancy. If the board has more than one (1) vacancy that is more than one hundred eighty (180) days in duration, the board shall report to the government operations committees of the house of representatives and the senate on why the vacancies have not been filled. If more than one-half (1/2) of the positions on the board are vacant for more than one hundred eighty (180) consecutive days, the board shall terminate; provided, that the board shall wind up its affairs pursuant to § 4-29-112 . The board that is terminated pursuant to this subsection (b) shall be reviewed by the evaluation committees pursuant to the Uniform Administrative Procedures Act, compiled at title 4, chapter 5, before ceasing all its activities. Nothing in this section shall prohibit the general assembly from continuing, restructuring or reestablishing the board. This subsection (b) shall only apply if the governor is authorized to make appointments to at least one-half (1/2) of the positions on the board. (2) 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.
(1) The governor shall appoint the members of the board to serve four-year terms, and, in the event of a vacancy, the governor shall appoint an interim member to fill the unexpired portion of the previous member's term. If the board incurs a vacancy, it shall notify the appointing authority in writing within ninety (90) days after the vacancy occurs and shall provide a list of qualified persons to be appointed to the board and information regarding the qualified persons that is sufficient for the appointing authority to make an informed decision. All vacancies on the board, other than ex officio members, shall be filled by the appointing authority within ninety (90) days of receiving written notice of the vacancy and sufficient information is provided for the appointing authority to make an informed decision in regard to filling the vacancy. If the board has more than one (1) vacancy that is more than one hundred eighty (180) days in duration, the board shall report to the government operations committees of the house of representatives and the senate on why the vacancies have not been filled. If more than one-half (1/2) of the positions on the board are vacant for more than one hundred eighty (180) consecutive days, the board shall terminate; provided, that the board shall wind up its affairs pursuant to § 4-29-112 . The board that is terminated pursuant to this subsection (b) shall be reviewed by the evaluation committees pursuant to the Uniform Administrative Procedures Act, compiled at title 4, chapter 5, before ceasing all its activities. Nothing in this section shall prohibit the general assembly from continuing, restructuring or reestablishing the board. This subsection (b) shall only apply if the governor is authorized to make appointments to at least one-half (1/2) of the positions on the board.
(2) 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.
(c) With the exception of the commissioner, no proxies nor power to designate a representative to serve in the place of a board member shall be allowed.
(d) The department shall establish by written policy, rule or regulation, provisions relative to conflicts of interest of board members.
Amended by 2020 Tenn. Acts, ch. 640, Secs.s 2, s 3 eff. 4/1/2020.
Acts 1978, ch. 844, § 4; T.C.A., § 62-2104; Acts 1983, ch. 125, §§ 1, 2; 1988, ch. 545, § 7; 1988, ch. 1013, § 36; 2000, ch. 835, § 3; 2003 , ch. 177, § 3.
See 2020 Tenn. Acts, ch. 640, s 13.
Tenn. Code Ann. § 62-4-111 — TN Code / Title 62 / Chapter 4 / Section 62-4-111
Examinations
Status: in_force

(a) Examinations of applicants for licenses under § 62-4-110 shall be held at such times and places and shall consist of such materials or practical demonstrations as the board may determine. (b) The board shall identify for any unsuccessful applicant the subject or subjects failed on the examination. Acts 1986, ch. 817, § 11; 1988, ch. 902, § 6.
(a) Examinations of applicants for licenses under § 62-4-110 shall be held at such times and places and shall consist of such materials or practical demonstrations as the board may determine.
(b) The board shall identify for any unsuccessful applicant the subject or subjects failed on the examination.
Acts 1986, ch. 817, § 11; 1988, ch. 902, § 6.
Tenn. Code Ann. § 62-39-310 — TN Code / Title 62 / Chapter 39 / Section 62-39-310
Classes of certification
Status: in_force

(a) There shall be at least two (2) classes of certification for state certified real estate appraisers. These classes shall include: (1) The state certified residential real estate appraiser classification shall consist of those persons meeting the requirements for certification relating to the appraisal of residential real property; and (2) The state certified general real estate appraiser classification shall consist of those persons meeting the requirements for certification relating to the appraisal of all types of real property. (b) The application for original certification, renewal certification and examination shall specify the classification of certification being applied for or previously granted. Acts 1990, ch. 865, § 19; 1991, ch. 366, § 21.
(a) There shall be at least two (2) classes of certification for state certified real estate appraisers. These classes shall include: (1) The state certified residential real estate appraiser classification shall consist of those persons meeting the requirements for certification relating to the appraisal of residential real property; and (2) The state certified general real estate appraiser classification shall consist of those persons meeting the requirements for certification relating to the appraisal of all types of real property.
(1) The state certified residential real estate appraiser classification shall consist of those persons meeting the requirements for certification relating to the appraisal of residential real property; and
(2) The state certified general real estate appraiser classification shall consist of those persons meeting the requirements for certification relating to the appraisal of all types of real property.
(b) The application for original certification, renewal certification and examination shall specify the classification of certification being applied for or previously granted.
Acts 1990, ch. 865, § 19; 1991, ch. 366, § 21.
Tenn. Code Ann. § 62-18-127 — TN Code / Title 62 / Chapter 18 / Section 62-18-127
Duty to research common boundaries
Status: in_force

A professional land surveyor shall search the land records of the land to be surveyed filed in the register of deeds office and obtain the deeds of record of all the adjoining landowners as it pertains to the common boundaries. The professional land surveyor shall have the additional responsibility to utilize documents of public record or unrecorded documents or plats supplied to the surveyor at the time of the survey to resolve any discrepancies between the subject land and any adjoining lands. Evidence found from these sources shall be carefully compared with that located or found in the field survey in order to aid in the establishment of the original boundaries of the land being surveyed. It is not the intent of this section to require the professional land surveyor to research the title or encumbrances on the land involved. Acts 2004, ch. 520, § 1.
A professional land surveyor shall search the land records of the land to be surveyed filed in the register of deeds office and obtain the deeds of record of all the adjoining landowners as it pertains to the common boundaries. The professional land surveyor shall have the additional responsibility to utilize documents of public record or unrecorded documents or plats supplied to the surveyor at the time of the survey to resolve any discrepancies between the subject land and any adjoining lands. Evidence found from these sources shall be carefully compared with that located or found in the field survey in order to aid in the establishment of the original boundaries of the land being surveyed. It is not the intent of this section to require the professional land surveyor to research the title or encumbrances on the land involved.
Acts 2004, ch. 520, § 1.
Tenn. Code Ann. § 62-21-119 — TN Code / Title 62 / Chapter 21 / Section 62-21-119
Denial, suspension, modification or revocation of charter, license or certificate - Penalties - Warnings
Status: in_force

(a) (1) If the commissioner has reason to believe that any person has violated this chapter, including its rules, or has used economic poison in violation of the Tennessee Insecticide, Fungicide, and Rodenticide Act, compiled in title 43, chapter 8, parts 1 and 2, including its rules, the commissioner may: (A) Deny, revoke, suspend, or modify a license, charter, or certification. The denial, suspension, revocation, or modification may be indefinite or for a time certain; (B) Impose civil penalties of up to one thousand dollars ($1,000) for each violation or issue a warning notice; or (C) Deny, revoke, suspend, or modify a license, charter, or certification pursuant to subdivision (a)(1)(A) and impose civil penalties pursuant to subdivision (a)(1)(B). (2) The commissioner shall send the person against whom a violation is alleged written notice setting forth the charges. The person shall have ten (10) days from the date the notice was sent to request a hearing. If a hearing is requested, it shall be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (b) A charter shall automatically be suspended should the licensed pest control operator whose name appears on the charter cease to be in charge of the charter holder's pest control operations. A grace period of no more than one hundred twenty (120) days may be granted to the charter holder so that another qualified person may be examined in accordance with this chapter. Amended by 2015 Tenn. Acts, ch. 198,s 1, eff. 7/1/2015. Acts 1978, ch. 844, § 19; T.C.A., § 62-2119; Acts 1988, ch. 545, § 11.
(a) (1) If the commissioner has reason to believe that any person has violated this chapter, including its rules, or has used economic poison in violation of the Tennessee Insecticide, Fungicide, and Rodenticide Act, compiled in title 43, chapter 8, parts 1 and 2, including its rules, the commissioner may: (A) Deny, revoke, suspend, or modify a license, charter, or certification. The denial, suspension, revocation, or modification may be indefinite or for a time certain; (B) Impose civil penalties of up to one thousand dollars ($1,000) for each violation or issue a warning notice; or (C) Deny, revoke, suspend, or modify a license, charter, or certification pursuant to subdivision (a)(1)(A) and impose civil penalties pursuant to subdivision (a)(1)(B). (2) The commissioner shall send the person against whom a violation is alleged written notice setting forth the charges. The person shall have ten (10) days from the date the notice was sent to request a hearing. If a hearing is requested, it shall be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(1) If the commissioner has reason to believe that any person has violated this chapter, including its rules, or has used economic poison in violation of the Tennessee Insecticide, Fungicide, and Rodenticide Act, compiled in title 43, chapter 8, parts 1 and 2, including its rules, the commissioner may: (A) Deny, revoke, suspend, or modify a license, charter, or certification. The denial, suspension, revocation, or modification may be indefinite or for a time certain; (B) Impose civil penalties of up to one thousand dollars ($1,000) for each violation or issue a warning notice; or (C) Deny, revoke, suspend, or modify a license, charter, or certification pursuant to subdivision (a)(1)(A) and impose civil penalties pursuant to subdivision (a)(1)(B).
(A) Deny, revoke, suspend, or modify a license, charter, or certification. The denial, suspension, revocation, or modification may be indefinite or for a time certain;
(B) Impose civil penalties of up to one thousand dollars ($1,000) for each violation or issue a warning notice; or
(C) Deny, revoke, suspend, or modify a license, charter, or certification pursuant to subdivision (a)(1)(A) and impose civil penalties pursuant to subdivision (a)(1)(B).
(2) The commissioner shall send the person against whom a violation is alleged written notice setting forth the charges. The person shall have ten (10) days from the date the notice was sent to request a hearing. If a hearing is requested, it shall be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(b) A charter shall automatically be suspended should the licensed pest control operator whose name appears on the charter cease to be in charge of the charter holder's pest control operations. A grace period of no more than one hundred twenty (120) days may be granted to the charter holder so that another qualified person may be examined in accordance with this chapter.
Amended by 2015 Tenn. Acts, ch. 198,s 1, eff. 7/1/2015.
Acts 1978, ch. 844, § 19; T.C.A., § 62-2119; Acts 1988, ch. 545, § 11.
Tenn. Code Ann. § 62-3-104 — TN Code / Title 62 / Chapter 3 / Section 62-3-104
Reserved
Status: repealed

Repealed by 2014 Tenn. Acts, ch. 964,s 12, eff. 7/1/2014. Acts 1929, ch. 118, § 20; Code 1932, § 7139; Acts 1975, ch. 146, §1; T.C.A. (orig. ed.), § 62-305; Acts 1988, ch. 674, § 1.
Repealed by 2014 Tenn. Acts, ch. 964,s 12, eff. 7/1/2014.
Acts 1929, ch. 118, § 20; Code 1932, § 7139; Acts 1975, ch. 146, §1; T.C.A. (orig. ed.), § 62-305; Acts 1988, ch. 674, § 1.
Tenn. Code Ann. § 62-32-301 — TN Code / Title 62 / Chapter 32 / Section 62-32-301
Short title
Status: in_force

This part shall be known and may be cited as the "Alarm Contractors Licensing Act of 1991." Amended by 2021 Tenn. Acts, ch. 294, s 32, eff. 7/1/2021. Acts 1991, ch. 400, § 1.
This part shall be known and may be cited as the "Alarm Contractors Licensing Act of 1991."
Amended by 2021 Tenn. Acts, ch. 294, s 32, eff. 7/1/2021.
Acts 1991, ch. 400, § 1.
Tenn. Code Ann. § 62-43-102 — TN Code / Title 62 / Chapter 43 / Section 62-43-102
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Applicant" means a person seeking an initial or renewal registration pursuant to this chapter; (2) "Audit" means an engagement performed in accordance with the Statements on Auditing Standards (SAS); (3) "Client" means any person who enters into a professional employer agreement with a professional employer organization; (4) "Co-employer" means either a professional employer organization or a client; (5) "Co-employment relationship" means a relationship which is intended to be an ongoing relationship rather than a temporary or project specific one, wherein the rights, duties, and obligations of an employer which arise out of an employment relationship have been shared and allocated between co-employers pursuant to a professional employer agreement and this chapter; (6) "Covered employee": (A) Means an individual having a co-employment relationship with a professional employer organization and a client who meets all of the following criteria: (i) The individual has received written notice of co-employment with the professional employer organization; and (ii) The individual's co-employment relationship results pursuant to a professional employer agreement; and (B) Includes individuals who are officers, directors, shareholders, partners, and managers of the client; provided, that such individuals meet the criteria of subdivision (6)(A) and act as operational managers or perform day-to-day operational services for the client, unless the professional employer organization and the client have expressly agreed in the professional employer agreement that such individuals shall not be covered employees; (7) "Department" means the department of commerce and insurance; (8) "Local governmental entity" means a governing body, board, commission, committee or department of a municipality or county; (9) "Person" has the same meaning as in § 1-3-105 and as amended; (10) "Professional employer agreement" means a written contract between a client and a professional employer organization that provides: (A) For the co-employment of covered employees; (B) For the allocation of employer rights and obligations between the client and the professional employer organization with respect to covered employees; and (C) That the professional employer organization and the client assume the responsibilities required by this chapter; (11) "Professional employer organization": (A) Means any person engaged in the business of providing professional employer services, regardless of the use of the term or conducting business as a "professional employer organization," "PEO," "staff leasing company," "registered staff leasing company," "employee leasing company," "administrative employer," or any other name; and (B) Includes a professional employer organization group; (12) "Professional employer organization benefit and welfare plan" means a plan offered to covered employees of a professional employer organization registered pursuant to this chapter; (13) "Professional employer organization group" means two (2) or more professional employer organizations that are majority owned or commonly controlled by the same entity, parent or controlling person; (14) "Professional employer services" means the service of entering into co-employment relationships under this chapter in which all or a majority of the employees providing services to a client, a division or work unit of a client are covered employees; (15) "Registrant" means a professional employer organization registered under this chapter; (16) "Small operations" means an applicant or registrant with less than fifty million dollars ($50,000,000) in annualized wages; (17) "Temporary help services" means services consisting of a person: (A) Recruiting and hiring its own employees; (B) Finding other organizations that need the services of its employees; (C) Assigning its employees: (i) To perform work at or services for the other organizations to support or supplement the other organizations' workforces; (ii) To provide assistance in special work situations such as, but not limited to, employee absences, skill shortages or seasonal workloads; or (iii) To perform special assignments or projects; and (D) Customarily attempting to reassign its employees to other organizations when they finish each assignment; and (18) "Working capital" means the excess of current assets over current liabilities as determined by generally accepted accounting principles. Acts 2012, ch. 1081, § 1.
As used in this chapter, unless the context otherwise requires:
(1) "Applicant" means a person seeking an initial or renewal registration pursuant to this chapter;
(2) "Audit" means an engagement performed in accordance with the Statements on Auditing Standards (SAS);
(3) "Client" means any person who enters into a professional employer agreement with a professional employer organization;
(4) "Co-employer" means either a professional employer organization or a client;
(5) "Co-employment relationship" means a relationship which is intended to be an ongoing relationship rather than a temporary or project specific one, wherein the rights, duties, and obligations of an employer which arise out of an employment relationship have been shared and allocated between co-employers pursuant to a professional employer agreement and this chapter;
(6) "Covered employee": (A) Means an individual having a co-employment relationship with a professional employer organization and a client who meets all of the following criteria: (i) The individual has received written notice of co-employment with the professional employer organization; and (ii) The individual's co-employment relationship results pursuant to a professional employer agreement; and (B) Includes individuals who are officers, directors, shareholders, partners, and managers of the client; provided, that such individuals meet the criteria of subdivision (6)(A) and act as operational managers or perform day-to-day operational services for the client, unless the professional employer organization and the client have expressly agreed in the professional employer agreement that such individuals shall not be covered employees;
(A) Means an individual having a co-employment relationship with a professional employer organization and a client who meets all of the following criteria: (i) The individual has received written notice of co-employment with the professional employer organization; and (ii) The individual's co-employment relationship results pursuant to a professional employer agreement; and
(i) The individual has received written notice of co-employment with the professional employer organization; and
(ii) The individual's co-employment relationship results pursuant to a professional employer agreement; and
(B) Includes individuals who are officers, directors, shareholders, partners, and managers of the client; provided, that such individuals meet the criteria of subdivision (6)(A) and act as operational managers or perform day-to-day operational services for the client, unless the professional employer organization and the client have expressly agreed in the professional employer agreement that such individuals shall not be covered employees;
(7) "Department" means the department of commerce and insurance;
(8) "Local governmental entity" means a governing body, board, commission, committee or department of a municipality or county;
(9) "Person" has the same meaning as in § 1-3-105 and as amended;
(10) "Professional employer agreement" means a written contract between a client and a professional employer organization that provides: (A) For the co-employment of covered employees; (B) For the allocation of employer rights and obligations between the client and the professional employer organization with respect to covered employees; and (C) That the professional employer organization and the client assume the responsibilities required by this chapter;
(A) For the co-employment of covered employees;
(B) For the allocation of employer rights and obligations between the client and the professional employer organization with respect to covered employees; and
(C) That the professional employer organization and the client assume the responsibilities required by this chapter;
(11) "Professional employer organization": (A) Means any person engaged in the business of providing professional employer services, regardless of the use of the term or conducting business as a "professional employer organization," "PEO," "staff leasing company," "registered staff leasing company," "employee leasing company," "administrative employer," or any other name; and (B) Includes a professional employer organization group;
(A) Means any person engaged in the business of providing professional employer services, regardless of the use of the term or conducting business as a "professional employer organization," "PEO," "staff leasing company," "registered staff leasing company," "employee leasing company," "administrative employer," or any other name; and
(B) Includes a professional employer organization group;
(12) "Professional employer organization benefit and welfare plan" means a plan offered to covered employees of a professional employer organization registered pursuant to this chapter;
(13) "Professional employer organization group" means two (2) or more professional employer organizations that are majority owned or commonly controlled by the same entity, parent or controlling person;
(14) "Professional employer services" means the service of entering into co-employment relationships under this chapter in which all or a majority of the employees providing services to a client, a division or work unit of a client are covered employees;
(15) "Registrant" means a professional employer organization registered under this chapter;
(16) "Small operations" means an applicant or registrant with less than fifty million dollars ($50,000,000) in annualized wages;
(17) "Temporary help services" means services consisting of a person: (A) Recruiting and hiring its own employees; (B) Finding other organizations that need the services of its employees; (C) Assigning its employees: (i) To perform work at or services for the other organizations to support or supplement the other organizations' workforces; (ii) To provide assistance in special work situations such as, but not limited to, employee absences, skill shortages or seasonal workloads; or (iii) To perform special assignments or projects; and (D) Customarily attempting to reassign its employees to other organizations when they finish each assignment; and
(A) Recruiting and hiring its own employees;
(B) Finding other organizations that need the services of its employees;
(C) Assigning its employees: (i) To perform work at or services for the other organizations to support or supplement the other organizations' workforces; (ii) To provide assistance in special work situations such as, but not limited to, employee absences, skill shortages or seasonal workloads; or (iii) To perform special assignments or projects; and
(i) To perform work at or services for the other organizations to support or supplement the other organizations' workforces;
(ii) To provide assistance in special work situations such as, but not limited to, employee absences, skill shortages or seasonal workloads; or
(iii) To perform special assignments or projects; and
(D) Customarily attempting to reassign its employees to other organizations when they finish each assignment; and
(18) "Working capital" means the excess of current assets over current liabilities as determined by generally accepted accounting principles.
Acts 2012, ch. 1081, § 1.
Tenn. Code Ann. § 62-4-206 — TN Code / Title 62 / Chapter 4 / Section 62-4-206
Issuance of a multistate license
Status: in_force

(a) To be eligible to apply to their home state's state licensing authority for an initial multistate license under this compact, a licensee must hold an active and unencumbered single-state license to practice cosmetology in their home state. (b) Upon the receipt of an application for a multistate license, according to the rules of the commission, a member state's state licensing authority must ascertain whether the applicant meets the requirements for a multistate license under this compact. (c) If an applicant meets the requirements for a multistate license under this compact and any applicable rules of the commission, then the state licensing authority in receipt of the application must, within a reasonable time, grant a multistate license to that applicant, and inform all member states of the grant of said multistate license. (d) A multistate license to practice cosmetology issued by a member state's state licensing authority must be recognized by each member state as authorizing the practice thereof as though that licensee held a single-state license to do so in each member state, subject to the restrictions in this compact. (e) A multistate license granted pursuant to this compact may be effective for a definite period of time, concurrent with the licensure renewal period in the home state. (f) To maintain a multistate license under this compact, a licensee must: (1) Agree to abide by the rules of the state licensing authority, and the state scope of practice laws governing the practice of cosmetology, of any member state in which the licensee provides services; (2) Pay all required fees related to the application and process, and any other fees that the commission may by rule require; and (3) Comply with any and all other requirements regarding multistate licenses that the commission may by rule provide. (g) A licensee practicing in a member state is subject to all scope of practice laws governing cosmetology services in that state. (h) The practice of cosmetology under a multistate license granted pursuant to this compact subjects the licensee to the jurisdiction of the state licensing authority, the courts, and the laws of the member state in which the cosmetology services are provided. Added by 2024 Tenn. Acts, ch. 1060,s 1, eff. 7/1/2024.
(a) To be eligible to apply to their home state's state licensing authority for an initial multistate license under this compact, a licensee must hold an active and unencumbered single-state license to practice cosmetology in their home state.
(b) Upon the receipt of an application for a multistate license, according to the rules of the commission, a member state's state licensing authority must ascertain whether the applicant meets the requirements for a multistate license under this compact.
(c) If an applicant meets the requirements for a multistate license under this compact and any applicable rules of the commission, then the state licensing authority in receipt of the application must, within a reasonable time, grant a multistate license to that applicant, and inform all member states of the grant of said multistate license.
(d) A multistate license to practice cosmetology issued by a member state's state licensing authority must be recognized by each member state as authorizing the practice thereof as though that licensee held a single-state license to do so in each member state, subject to the restrictions in this compact.
(e) A multistate license granted pursuant to this compact may be effective for a definite period of time, concurrent with the licensure renewal period in the home state.
(f) To maintain a multistate license under this compact, a licensee must: (1) Agree to abide by the rules of the state licensing authority, and the state scope of practice laws governing the practice of cosmetology, of any member state in which the licensee provides services; (2) Pay all required fees related to the application and process, and any other fees that the commission may by rule require; and (3) Comply with any and all other requirements regarding multistate licenses that the commission may by rule provide.
(1) Agree to abide by the rules of the state licensing authority, and the state scope of practice laws governing the practice of cosmetology, of any member state in which the licensee provides services;
(2) Pay all required fees related to the application and process, and any other fees that the commission may by rule require; and
(3) Comply with any and all other requirements regarding multistate licenses that the commission may by rule provide.
(g) A licensee practicing in a member state is subject to all scope of practice laws governing cosmetology services in that state.
(h) The practice of cosmetology under a multistate license granted pursuant to this compact subjects the licensee to the jurisdiction of the state licensing authority, the courts, and the laws of the member state in which the cosmetology services are provided.
Added by 2024 Tenn. Acts, ch. 1060,s 1, eff. 7/1/2024.
Tenn. Code Ann. § 62-21-121 — TN Code / Title 62 / Chapter 21 / Section 62-21-121
Delinquent fees - Collection
Status: in_force

(a) The fees and taxes imposed by this chapter shall become delinquent on the last day of each succeeding month. (b) The commissioner is empowered and may act to collect delinquent fees and taxes as provided by §§ 67-6-516 - 67-6-518. Acts 1978, ch. 844, § 21; T.C.A., § 62-2121.
(a) The fees and taxes imposed by this chapter shall become delinquent on the last day of each succeeding month.
(b) The commissioner is empowered and may act to collect delinquent fees and taxes as provided by §§ 67-6-516 - 67-6-518.
Acts 1978, ch. 844, § 21; T.C.A., § 62-2121.
Tenn. Code Ann. § 62-35-130 — TN Code / Title 62 / Chapter 35 / Section 62-35-130
Disciplinary powers of commissioner - Civil penalties
Status: in_force

(a) The commissioner may take disciplinary action against a licensee, registrant or applicant, deny an application for a license or registration or may suspend, revoke or refuse to issue or renew any certificate, certified trainer license, license or registration card under this chapter upon finding that the holder or applicant has: (1) Violated this chapter or any rule promulgated under this chapter; (2) Practiced fraud, deceit or misrepresentation; (3) Knowingly and willfully made a material misstatement in connection with an application for a license or registration card; (4) Been convicted by a court of competent jurisdiction of any felony or of a misdemeanor. However, an action taken under this subdivision (a)(4) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title; (5) Committed any act that would have been cause for refusal to issue the license or registration card had it existed and been known to the commissioner at the time of issuance; (6) Engaged in dishonorable, unethical or unprofessional conduct of a character likely to deceive, defraud or harm the public; (7) Willfully deceived or defrauded a member of the public being protected; (8) Acted as a contract security company or proprietary security company without a currently valid license; (9) Acted as an armed security guard/officer or unarmed security guard/officer on a registration card that has expired or without a valid registration card as this chapter requires; (10) Violated any disciplinary order of the commissioner; or (11) Failed or refused to cooperate with any inspection or investigation to determine compliance with this chapter or rules and regulations promulgated pursuant to this chapter. (b) In addition to or in lieu of any other lawful disciplinary action under this section, the commissioner may assess a civil penalty of up to two thousand dollars ($2,000) for each statute or rule violation. (c) The commissioner may assess a civil penalty of up to two thousand dollars ($2,000) per occurrence upon any person who operates without the proper license or other authorization required. (d) A license or registration card shall be subject to expiration and renewal during any period in which the license or registration card is suspended. (e) Whenever an armed or unarmed security guard/officer pleads guilty or is convicted of any offense enumerated in this chapter, the licensee must within thirty (30) days notify the commissioner of that conviction and provide the commissioner with certified copies of the conviction. The licensee's license shall automatically be revoked thirty (30) days after the licensee's conviction unless the licensee makes a written request to the commissioner for a hearing during the thirty-day period. Following any such hearing held pursuant to this section, the commissioner may impose upon that licensee any sanction or discipline permitted by this chapter. Amended by 2020 Tenn. Acts, ch. 580, s 9, eff. 7/1/2020. Amended by 2018 Tenn. Acts, ch. 745, s 18, eff. 7/1/2018. Acts 1987, ch. 436, § 30; 1990, ch. 1026, § 33; 1996, ch. 1009, §3; 1997 , ch. 369, §§2, 3; 2010 , ch. 729, § 1.
(a) The commissioner may take disciplinary action against a licensee, registrant or applicant, deny an application for a license or registration or may suspend, revoke or refuse to issue or renew any certificate, certified trainer license, license or registration card under this chapter upon finding that the holder or applicant has: (1) Violated this chapter or any rule promulgated under this chapter; (2) Practiced fraud, deceit or misrepresentation; (3) Knowingly and willfully made a material misstatement in connection with an application for a license or registration card; (4) Been convicted by a court of competent jurisdiction of any felony or of a misdemeanor. However, an action taken under this subdivision (a)(4) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title; (5) Committed any act that would have been cause for refusal to issue the license or registration card had it existed and been known to the commissioner at the time of issuance; (6) Engaged in dishonorable, unethical or unprofessional conduct of a character likely to deceive, defraud or harm the public; (7) Willfully deceived or defrauded a member of the public being protected; (8) Acted as a contract security company or proprietary security company without a currently valid license; (9) Acted as an armed security guard/officer or unarmed security guard/officer on a registration card that has expired or without a valid registration card as this chapter requires; (10) Violated any disciplinary order of the commissioner; or (11) Failed or refused to cooperate with any inspection or investigation to determine compliance with this chapter or rules and regulations promulgated pursuant to this chapter.
(1) Violated this chapter or any rule promulgated under this chapter;
(2) Practiced fraud, deceit or misrepresentation;
(3) Knowingly and willfully made a material misstatement in connection with an application for a license or registration card;
(4) Been convicted by a court of competent jurisdiction of any felony or of a misdemeanor. However, an action taken under this subdivision (a)(4) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title;
(5) Committed any act that would have been cause for refusal to issue the license or registration card had it existed and been known to the commissioner at the time of issuance;
(6) Engaged in dishonorable, unethical or unprofessional conduct of a character likely to deceive, defraud or harm the public;
(7) Willfully deceived or defrauded a member of the public being protected;
(8) Acted as a contract security company or proprietary security company without a currently valid license;
(9) Acted as an armed security guard/officer or unarmed security guard/officer on a registration card that has expired or without a valid registration card as this chapter requires;
(10) Violated any disciplinary order of the commissioner; or
(11) Failed or refused to cooperate with any inspection or investigation to determine compliance with this chapter or rules and regulations promulgated pursuant to this chapter.
(b) In addition to or in lieu of any other lawful disciplinary action under this section, the commissioner may assess a civil penalty of up to two thousand dollars ($2,000) for each statute or rule violation.
(c) The commissioner may assess a civil penalty of up to two thousand dollars ($2,000) per occurrence upon any person who operates without the proper license or other authorization required.
(d) A license or registration card shall be subject to expiration and renewal during any period in which the license or registration card is suspended.
(e) Whenever an armed or unarmed security guard/officer pleads guilty or is convicted of any offense enumerated in this chapter, the licensee must within thirty (30) days notify the commissioner of that conviction and provide the commissioner with certified copies of the conviction. The licensee's license shall automatically be revoked thirty (30) days after the licensee's conviction unless the licensee makes a written request to the commissioner for a hearing during the thirty-day period. Following any such hearing held pursuant to this section, the commissioner may impose upon that licensee any sanction or discipline permitted by this chapter.
Amended by 2020 Tenn. Acts, ch. 580, s 9, eff. 7/1/2020.
Amended by 2018 Tenn. Acts, ch. 745, s 18, eff. 7/1/2018.
Acts 1987, ch. 436, § 30; 1990, ch. 1026, § 33; 1996, ch. 1009, §3; 1997 , ch. 369, §§2, 3; 2010 , ch. 729, § 1.
Tenn. Code Ann. § 62-3-119 — TN Code / Title 62 / Chapter 3 / Section 62-3-119
Renewal or restoration of registration
Status: in_force

(a) Certificates of registration of master barbers, technicians and instructors shall be subject to renewal or restoration in accordance with § 62-3-129 . (b) A person who holds a certificate of registration under this chapter as of December 31, 2021, and who is renewing the certificate of registration pursuant to this section shall successfully complete by December 31, 2025, up to one (1) hour of online or in-person training, at no cost to the person, by a nonprofit anti-domestic violence organization recognized by the Tennessee Coalition to End Domestic Violence and Sexual Assault on domestic violence that focuses on how to recognize the signs of domestic violence, how to respond to these signs, and how to refer a client to resources for victims of domestic violence. If the person fails to complete the course, then the board shall render the certificate of registration invalid on that date until the person complies with this subsection (b). Amended by 2021 Tenn. Acts, ch. 117, s 5, eff. 4/13/2021. Acts 1929, ch. 118, § 13; mod. Code 1932, § 7129; Acts 1961, ch. 64, §1; 1967, ch. 249, § 4; 1975, ch. 146, § 13; 1978, ch. 817, §1; 1980, ch. 703, § 2; T.C.A. (orig. ed.), § 62-320; Acts 1986, ch. 921, § 14.
(a) Certificates of registration of master barbers, technicians and instructors shall be subject to renewal or restoration in accordance with § 62-3-129 .
(b) A person who holds a certificate of registration under this chapter as of December 31, 2021, and who is renewing the certificate of registration pursuant to this section shall successfully complete by December 31, 2025, up to one (1) hour of online or in-person training, at no cost to the person, by a nonprofit anti-domestic violence organization recognized by the Tennessee Coalition to End Domestic Violence and Sexual Assault on domestic violence that focuses on how to recognize the signs of domestic violence, how to respond to these signs, and how to refer a client to resources for victims of domestic violence. If the person fails to complete the course, then the board shall render the certificate of registration invalid on that date until the person complies with this subsection (b).
Amended by 2021 Tenn. Acts, ch. 117, s 5, eff. 4/13/2021.
Acts 1929, ch. 118, § 13; mod. Code 1932, § 7129; Acts 1961, ch. 64, §1; 1967, ch. 249, § 4; 1975, ch. 146, § 13; 1978, ch. 817, §1; 1980, ch. 703, § 2; T.C.A. (orig. ed.), § 62-320; Acts 1986, ch. 921, § 14.
Tenn. Code Ann. § 62-5-413 — TN Code / Title 62 / Chapter 5 / Section 62-5-413
Administration of part by commissioner - Civil penalties
Status: in_force

(a) The commissioner shall administer this part. (b) The commissioner shall promulgate rules and regulations to effectuate the intent of this part in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (c) The commissioner shall collect a fee for the registration of any person, association, partnership, firm or corporation engaged in selling any agreement, contract or plan permitted under this part. (d) The commissioner may deny an application for a registration, or may suspend, revoke, or refuse to issue or renew any registration under this part upon finding that the registrant or applicant has: (1) Violated this part, or any rule promulgated under this part; (2) Practiced fraud, deceit or misrepresentation; (3) Knowingly and willfully made a material misstatement in connection with an application for registration; (4) Been convicted by a court of competent jurisdiction of any felony, if the commissioner finds that the conviction reflects unfavorably on the fitness for the registration; (5) Engaged in dishonorable, unethical, or unprofessional conduct of a character likely to defraud, deceive or harm the public; (6) Violated any disciplinary order of the commissioner; or (7) Failed or refused to cooperate with any audit, inspection or investigation to determine compliance with this part or rules and regulations promulgated pursuant to this part. (e) In addition to or in lieu of any lawful disciplinary action under this part, the commissioner may, at the commissioner's discretion, assess civil penalties in an amount not to exceed one thousand dollars ($1,000) for each separate violation of this part, or any rule or regulation promulgated under this part. Each day of continued violation constitutes a separate violation. (f) The commissioner is authorized to assess a civil penalty in an amount not to exceed one thousand dollars ($1,000) against the trustee of a pre-need trust fund required by this part, for each separate violation of this part, or of any rule or regulation promulgated under this part. Each day of continued violation constitutes a separate violation. Acts 2007, ch. 592, § 14.
(a) The commissioner shall administer this part.
(b) The commissioner shall promulgate rules and regulations to effectuate the intent of this part in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(c) The commissioner shall collect a fee for the registration of any person, association, partnership, firm or corporation engaged in selling any agreement, contract or plan permitted under this part.
(d) The commissioner may deny an application for a registration, or may suspend, revoke, or refuse to issue or renew any registration under this part upon finding that the registrant or applicant has: (1) Violated this part, or any rule promulgated under this part; (2) Practiced fraud, deceit or misrepresentation; (3) Knowingly and willfully made a material misstatement in connection with an application for registration; (4) Been convicted by a court of competent jurisdiction of any felony, if the commissioner finds that the conviction reflects unfavorably on the fitness for the registration; (5) Engaged in dishonorable, unethical, or unprofessional conduct of a character likely to defraud, deceive or harm the public; (6) Violated any disciplinary order of the commissioner; or (7) Failed or refused to cooperate with any audit, inspection or investigation to determine compliance with this part or rules and regulations promulgated pursuant to this part.
(1) Violated this part, or any rule promulgated under this part;
(2) Practiced fraud, deceit or misrepresentation;
(3) Knowingly and willfully made a material misstatement in connection with an application for registration;
(4) Been convicted by a court of competent jurisdiction of any felony, if the commissioner finds that the conviction reflects unfavorably on the fitness for the registration;
(5) Engaged in dishonorable, unethical, or unprofessional conduct of a character likely to defraud, deceive or harm the public;
(6) Violated any disciplinary order of the commissioner; or
(7) Failed or refused to cooperate with any audit, inspection or investigation to determine compliance with this part or rules and regulations promulgated pursuant to this part.
(e) In addition to or in lieu of any lawful disciplinary action under this part, the commissioner may, at the commissioner's discretion, assess civil penalties in an amount not to exceed one thousand dollars ($1,000) for each separate violation of this part, or any rule or regulation promulgated under this part. Each day of continued violation constitutes a separate violation.
(f) The commissioner is authorized to assess a civil penalty in an amount not to exceed one thousand dollars ($1,000) against the trustee of a pre-need trust fund required by this part, for each separate violation of this part, or of any rule or regulation promulgated under this part. Each day of continued violation constitutes a separate violation.
Acts 2007, ch. 592, § 14.
Tenn. Code Ann. § 62-39-419 — TN Code / Title 62 / Chapter 39 / Section 62-39-419
Improper influence - Proper requests for information
Status: in_force

(a) No employee, director, officer, or agent of an appraisal management company shall influence or attempt to influence the development, reporting, or review of an appraisal through coercion, extortion, collusion, inducement, intimidation, bribery or in any other manner, including but not limited to: (1) Withholding or threatening to withhold timely payment for an appraisal, except in cases of substandard performance or noncompliance with conditions of engagement; (2) Withholding or threatening to withhold future business, or demoting, terminating or threatening to demote or terminate an appraiser; (3) Expressly or impliedly promising future business, promotions, or increased compensation for an appraiser; (4) Conditioning the request for an appraisal or the payment of an appraisal fee or salary or bonus on the opinion, conclusion, or valuation to be reached, or on a preliminary estimate or opinion requested from an appraiser; (5) Requesting that an appraiser provide an estimated, predetermined, or desired valuation in an appraisal report, or provide estimated values or comparable sales at any time prior to the appraiser's completion of an appraisal; (6) Providing to an appraiser an anticipated, estimated, encouraged, or desired value for a subject property or a proposed or target amount to be loaned to the borrower, except that a copy of the sales contract for purchase transactions may be provided; (7) Providing to an appraiser, or any entity or person related to the appraiser, stock or other financial or nonfinancial benefits; (8) Allowing the removal of an appraiser from an appraiser panel, without prior written notice to such appraiser; (9) Any other act or practice that knowingly impairs or attempts to impair an appraiser's independence, objectivity, or impartiality; (10) Requiring an appraiser to collect an appraisal fee on behalf of the appraisal management company from the borrower, homeowner, or other third party; or (11) Requiring an appraiser to indemnify an appraisal management company or hold an appraisal management company harmless for any liability, damage, losses or claims arising out of the services performed by the appraisal management company, and not the services performed by the appraiser. (b) Nothing in subsection (a) shall prohibit the appraisal management company from requesting that an appraiser: (1) Provide additional information about the basis for a valuation; or (2) Correct objective factual errors in an appraisal report; or (3) Provide additional information within the appraisal regarding additional sales provided through an established dispute process. Acts 2010, ch. 963, § 20.
(a) No employee, director, officer, or agent of an appraisal management company shall influence or attempt to influence the development, reporting, or review of an appraisal through coercion, extortion, collusion, inducement, intimidation, bribery or in any other manner, including but not limited to: (1) Withholding or threatening to withhold timely payment for an appraisal, except in cases of substandard performance or noncompliance with conditions of engagement; (2) Withholding or threatening to withhold future business, or demoting, terminating or threatening to demote or terminate an appraiser; (3) Expressly or impliedly promising future business, promotions, or increased compensation for an appraiser; (4) Conditioning the request for an appraisal or the payment of an appraisal fee or salary or bonus on the opinion, conclusion, or valuation to be reached, or on a preliminary estimate or opinion requested from an appraiser; (5) Requesting that an appraiser provide an estimated, predetermined, or desired valuation in an appraisal report, or provide estimated values or comparable sales at any time prior to the appraiser's completion of an appraisal; (6) Providing to an appraiser an anticipated, estimated, encouraged, or desired value for a subject property or a proposed or target amount to be loaned to the borrower, except that a copy of the sales contract for purchase transactions may be provided; (7) Providing to an appraiser, or any entity or person related to the appraiser, stock or other financial or nonfinancial benefits; (8) Allowing the removal of an appraiser from an appraiser panel, without prior written notice to such appraiser; (9) Any other act or practice that knowingly impairs or attempts to impair an appraiser's independence, objectivity, or impartiality; (10) Requiring an appraiser to collect an appraisal fee on behalf of the appraisal management company from the borrower, homeowner, or other third party; or (11) Requiring an appraiser to indemnify an appraisal management company or hold an appraisal management company harmless for any liability, damage, losses or claims arising out of the services performed by the appraisal management company, and not the services performed by the appraiser.
(1) Withholding or threatening to withhold timely payment for an appraisal, except in cases of substandard performance or noncompliance with conditions of engagement;
(2) Withholding or threatening to withhold future business, or demoting, terminating or threatening to demote or terminate an appraiser;
(3) Expressly or impliedly promising future business, promotions, or increased compensation for an appraiser;
(4) Conditioning the request for an appraisal or the payment of an appraisal fee or salary or bonus on the opinion, conclusion, or valuation to be reached, or on a preliminary estimate or opinion requested from an appraiser;
(5) Requesting that an appraiser provide an estimated, predetermined, or desired valuation in an appraisal report, or provide estimated values or comparable sales at any time prior to the appraiser's completion of an appraisal;
(6) Providing to an appraiser an anticipated, estimated, encouraged, or desired value for a subject property or a proposed or target amount to be loaned to the borrower, except that a copy of the sales contract for purchase transactions may be provided;
(7) Providing to an appraiser, or any entity or person related to the appraiser, stock or other financial or nonfinancial benefits;
(8) Allowing the removal of an appraiser from an appraiser panel, without prior written notice to such appraiser;
(9) Any other act or practice that knowingly impairs or attempts to impair an appraiser's independence, objectivity, or impartiality;
(10) Requiring an appraiser to collect an appraisal fee on behalf of the appraisal management company from the borrower, homeowner, or other third party; or
(11) Requiring an appraiser to indemnify an appraisal management company or hold an appraisal management company harmless for any liability, damage, losses or claims arising out of the services performed by the appraisal management company, and not the services performed by the appraiser.
(b) Nothing in subsection (a) shall prohibit the appraisal management company from requesting that an appraiser: (1) Provide additional information about the basis for a valuation; or (2) Correct objective factual errors in an appraisal report; or (3) Provide additional information within the appraisal regarding additional sales provided through an established dispute process.
(1) Provide additional information about the basis for a valuation; or
(2) Correct objective factual errors in an appraisal report; or
(3) Provide additional information within the appraisal regarding additional sales provided through an established dispute process.
Acts 2010, ch. 963, § 20.
Tenn. Code Ann. § 62-2-803 — TN Code / Title 62 / Chapter 2 / Section 62-2-803
Practical experience
Status: in_force

(a) (1) For the purpose of evaluating "practical experience in landscape architectural work," the board may utilize criteria and standards published by the Council of Landscape Architectural Registration Boards (C.L.A.R.B.). (2) However, every applicant shall have not less than two (2) years of practical experience in an office of a practicing registered landscape architect. (3) To receive credit for practical training time, an applicant must be employed by the same employer for a period of no less than four (4) consecutive calendar months. The work month is considered to be one hundred forty (140) hours. (b) (1) Experience acquired while employed by a registered landscape architect practicing as an individual will be credited as practical training only when acquired under the supervision of the practicing landscape architect in the course of the regular practice. Practice as a principal after proper landscape architectural registration by other jurisdictions may be accepted by the board as fulfilling the required experience in the office of a registered practicing landscape architect. (2) Experience acquired while employed by a partnership or corporation engaging in the practice of landscape architecture will be credited as practical training only when acquired under the supervision of the partner or partners or the officer or officers who shall be the registered landscape architect or registered landscape architects exercising professional and supervisory control over the particular landscape architectural services rendered by the partnership or corporation. (c) Practical experience as approved by the board and obtained while working in the United States government, public or private service agencies covering the field of education, research, and in the service of such agencies as redevelopment authorities, Peace Corps, VISTA, HUD, other United States government and armed forces agencies, multiplied by a factor of seventy-five hundredths (.75) may be considered as "practical experience" in landscape architectural work. (d) Notwithstanding any provision in this section, the board may refuse to credit as practical training experience acquired while employed by an individual or by any type of organization having any interest in any project or building prejudicial to or in conflict with the individual's or organization's professional interest therein. Acts 1988, ch. 990, § 22.
(a) (1) For the purpose of evaluating "practical experience in landscape architectural work," the board may utilize criteria and standards published by the Council of Landscape Architectural Registration Boards (C.L.A.R.B.). (2) However, every applicant shall have not less than two (2) years of practical experience in an office of a practicing registered landscape architect. (3) To receive credit for practical training time, an applicant must be employed by the same employer for a period of no less than four (4) consecutive calendar months. The work month is considered to be one hundred forty (140) hours.
(1) For the purpose of evaluating "practical experience in landscape architectural work," the board may utilize criteria and standards published by the Council of Landscape Architectural Registration Boards (C.L.A.R.B.).
(2) However, every applicant shall have not less than two (2) years of practical experience in an office of a practicing registered landscape architect.
(3) To receive credit for practical training time, an applicant must be employed by the same employer for a period of no less than four (4) consecutive calendar months. The work month is considered to be one hundred forty (140) hours.
(b) (1) Experience acquired while employed by a registered landscape architect practicing as an individual will be credited as practical training only when acquired under the supervision of the practicing landscape architect in the course of the regular practice. Practice as a principal after proper landscape architectural registration by other jurisdictions may be accepted by the board as fulfilling the required experience in the office of a registered practicing landscape architect. (2) Experience acquired while employed by a partnership or corporation engaging in the practice of landscape architecture will be credited as practical training only when acquired under the supervision of the partner or partners or the officer or officers who shall be the registered landscape architect or registered landscape architects exercising professional and supervisory control over the particular landscape architectural services rendered by the partnership or corporation.
(1) Experience acquired while employed by a registered landscape architect practicing as an individual will be credited as practical training only when acquired under the supervision of the practicing landscape architect in the course of the regular practice. Practice as a principal after proper landscape architectural registration by other jurisdictions may be accepted by the board as fulfilling the required experience in the office of a registered practicing landscape architect.
(2) Experience acquired while employed by a partnership or corporation engaging in the practice of landscape architecture will be credited as practical training only when acquired under the supervision of the partner or partners or the officer or officers who shall be the registered landscape architect or registered landscape architects exercising professional and supervisory control over the particular landscape architectural services rendered by the partnership or corporation.
(c) Practical experience as approved by the board and obtained while working in the United States government, public or private service agencies covering the field of education, research, and in the service of such agencies as redevelopment authorities, Peace Corps, VISTA, HUD, other United States government and armed forces agencies, multiplied by a factor of seventy-five hundredths (.75) may be considered as "practical experience" in landscape architectural work.
(d) Notwithstanding any provision in this section, the board may refuse to credit as practical training experience acquired while employed by an individual or by any type of organization having any interest in any project or building prejudicial to or in conflict with the individual's or organization's professional interest therein.
Acts 1988, ch. 990, § 22.
Tenn. Code Ann. § 62-2-807 — TN Code / Title 62 / Chapter 2 / Section 62-2-807
Records of examinations
Status: in_force

(a) Whether conducted in this state or another state, all records of the examinations shall be returned to the state board of registration of landscape architects where the series of examinations were commenced, for recording and licensure when successfully completed. (b) After the written examination marks are properly recorded in the permanent record book, all examination books and papers over two (2) years old may be destroyed. Acts 1988, ch. 990, § 22.
(a) Whether conducted in this state or another state, all records of the examinations shall be returned to the state board of registration of landscape architects where the series of examinations were commenced, for recording and licensure when successfully completed.
(b) After the written examination marks are properly recorded in the permanent record book, all examination books and papers over two (2) years old may be destroyed.
Acts 1988, ch. 990, § 22.
Tenn. Code Ann. § 62-18-208 — TN Code / Title 62 / Chapter 18 / Section 62-18-208
Eligibility for certificate of licensure
Status: in_force

(a) To be eligible for a certificate of licensure, an applicant shall meet each of the following minimum qualifications: (1) Be a graduate of an accredited college or university with a bachelor of science degree or higher in soils, agronomy or a closely related field. The applicant shall have successfully completed a minimum of fifteen (15) semester hours of course work in soil science; (2) Have at least three (3) years of soil science professional experience. Any combination of the following kinds of education and experience qualify toward accumulating the required three (3) years: (A) Masters of science degree in soils, agronomy or a closely related field and two (2) years of professional experience; (B) Doctor of philosophy degree in soils, agronomy or a closely related field and one (1) year of professional experience; or (C) Each year of teaching or soil science research by persons teaching upper-level soil science courses at the college or university levels; provided, that such teaching or research can be demonstrated to be of a sufficiently responsible nature to be equivalent to a year of professional experience; and (3) Have successfully passed such examination or examinations developed or determined by the commissioner to assess adequately the knowledge and skills that are common to the competent practice of soil science as a profession. The commissioner shall waive the examination requirement for licensure as a soil scientist for an applicant who makes written application to the commissioner not later than July 1, 2011, and who otherwise meets the requirements of this subsection (a). (b) Any person who meets subdivisions (a)(1) and (2) and who is: (1) Approved by the department of environment and conservation prior to July 1, 2011; (2) An employee of the federal government 470 series; (3) A soil scientist employed by this state; or (4) A member of the Soil Scientist Association of Tennessee certified list prior to July 1, 2011; shall be deemed to have met the requirements of subdivisions (a)(1)-(3). Such person shall be issued a certificate of licensure when renewal is due under the established renewal cycle upon applying for and meeting all requirements for renewal. The commissioner shall assign the registration number of the registration certificate as the certificate of licensure number. Any person holding an active certificate as a registered soil scientist or licensed professional soil scientist prior to July 1, 2011, who does not renew such certificate when renewal is due shall be required to apply for licensure under this part and meet all requirements of subsection (a) except that a reasonable period of time shall be accorded by the commissioner for late renewals. Acts 2010, ch. 1032, § 9.
(a) To be eligible for a certificate of licensure, an applicant shall meet each of the following minimum qualifications: (1) Be a graduate of an accredited college or university with a bachelor of science degree or higher in soils, agronomy or a closely related field. The applicant shall have successfully completed a minimum of fifteen (15) semester hours of course work in soil science; (2) Have at least three (3) years of soil science professional experience. Any combination of the following kinds of education and experience qualify toward accumulating the required three (3) years: (A) Masters of science degree in soils, agronomy or a closely related field and two (2) years of professional experience; (B) Doctor of philosophy degree in soils, agronomy or a closely related field and one (1) year of professional experience; or (C) Each year of teaching or soil science research by persons teaching upper-level soil science courses at the college or university levels; provided, that such teaching or research can be demonstrated to be of a sufficiently responsible nature to be equivalent to a year of professional experience; and (3) Have successfully passed such examination or examinations developed or determined by the commissioner to assess adequately the knowledge and skills that are common to the competent practice of soil science as a profession. The commissioner shall waive the examination requirement for licensure as a soil scientist for an applicant who makes written application to the commissioner not later than July 1, 2011, and who otherwise meets the requirements of this subsection (a).
(1) Be a graduate of an accredited college or university with a bachelor of science degree or higher in soils, agronomy or a closely related field. The applicant shall have successfully completed a minimum of fifteen (15) semester hours of course work in soil science;
(2) Have at least three (3) years of soil science professional experience. Any combination of the following kinds of education and experience qualify toward accumulating the required three (3) years: (A) Masters of science degree in soils, agronomy or a closely related field and two (2) years of professional experience; (B) Doctor of philosophy degree in soils, agronomy or a closely related field and one (1) year of professional experience; or (C) Each year of teaching or soil science research by persons teaching upper-level soil science courses at the college or university levels; provided, that such teaching or research can be demonstrated to be of a sufficiently responsible nature to be equivalent to a year of professional experience; and
(A) Masters of science degree in soils, agronomy or a closely related field and two (2) years of professional experience;
(B) Doctor of philosophy degree in soils, agronomy or a closely related field and one (1) year of professional experience; or
(C) Each year of teaching or soil science research by persons teaching upper-level soil science courses at the college or university levels; provided, that such teaching or research can be demonstrated to be of a sufficiently responsible nature to be equivalent to a year of professional experience; and
(3) Have successfully passed such examination or examinations developed or determined by the commissioner to assess adequately the knowledge and skills that are common to the competent practice of soil science as a profession. The commissioner shall waive the examination requirement for licensure as a soil scientist for an applicant who makes written application to the commissioner not later than July 1, 2011, and who otherwise meets the requirements of this subsection (a).
(b) Any person who meets subdivisions (a)(1) and (2) and who is: (1) Approved by the department of environment and conservation prior to July 1, 2011; (2) An employee of the federal government 470 series; (3) A soil scientist employed by this state; or (4) A member of the Soil Scientist Association of Tennessee certified list prior to July 1, 2011; shall be deemed to have met the requirements of subdivisions (a)(1)-(3). Such person shall be issued a certificate of licensure when renewal is due under the established renewal cycle upon applying for and meeting all requirements for renewal. The commissioner shall assign the registration number of the registration certificate as the certificate of licensure number. Any person holding an active certificate as a registered soil scientist or licensed professional soil scientist prior to July 1, 2011, who does not renew such certificate when renewal is due shall be required to apply for licensure under this part and meet all requirements of subsection (a) except that a reasonable period of time shall be accorded by the commissioner for late renewals.
(1) Approved by the department of environment and conservation prior to July 1, 2011;
(2) An employee of the federal government 470 series;
(3) A soil scientist employed by this state; or
(4) A member of the Soil Scientist Association of Tennessee certified list prior to July 1, 2011; shall be deemed to have met the requirements of subdivisions (a)(1)-(3). Such person shall be issued a certificate of licensure when renewal is due under the established renewal cycle upon applying for and meeting all requirements for renewal. The commissioner shall assign the registration number of the registration certificate as the certificate of licensure number. Any person holding an active certificate as a registered soil scientist or licensed professional soil scientist prior to July 1, 2011, who does not renew such certificate when renewal is due shall be required to apply for licensure under this part and meet all requirements of subsection (a) except that a reasonable period of time shall be accorded by the commissioner for late renewals.
shall be deemed to have met the requirements of subdivisions (a)(1)-(3). Such person shall be issued a certificate of licensure when renewal is due under the established renewal cycle upon applying for and meeting all requirements for renewal. The commissioner shall assign the registration number of the registration certificate as the certificate of licensure number. Any person holding an active certificate as a registered soil scientist or licensed professional soil scientist prior to July 1, 2011, who does not renew such certificate when renewal is due shall be required to apply for licensure under this part and meet all requirements of subsection (a) except that a reasonable period of time shall be accorded by the commissioner for late renewals.
Acts 2010, ch. 1032, § 9.
Tenn. Code Ann. § 62-13-207 — TN Code / Title 62 / Chapter 13 / Section 62-13-207
Executive director - Director of education - Qualifications
Status: in_force

(a) The commission shall have an executive director, who shall have passed the broker's examination for this state. The commission shall set all other qualifications necessary for the position of executive director. The executive director shall be appointed by the commission, with the approval of the commissioner of personnel. The term of the executive director shall be four (4) years, and the executive director shall be eligible for reappointment. The commission shall also retain an administrator and other staff members that the commission may deem necessary and proper. The commission shall fix the compensation to be paid to the executive director, the administrator and staff of the commission, subject to applicable rules, regulations and law. (b) The commission shall have a full-time director of education. The director of education shall have a college degree from an accredited university. Acts 1973, ch. 181, § 7(d); 1975, ch. 165, § 11; 1978, ch. 906, § 23; T.C.A., § 62-1315; Acts 1993, ch. 293, § 1; 1994, ch. 702, § 1.
(a) The commission shall have an executive director, who shall have passed the broker's examination for this state. The commission shall set all other qualifications necessary for the position of executive director. The executive director shall be appointed by the commission, with the approval of the commissioner of personnel. The term of the executive director shall be four (4) years, and the executive director shall be eligible for reappointment. The commission shall also retain an administrator and other staff members that the commission may deem necessary and proper. The commission shall fix the compensation to be paid to the executive director, the administrator and staff of the commission, subject to applicable rules, regulations and law.
(b) The commission shall have a full-time director of education. The director of education shall have a college degree from an accredited university.
Acts 1973, ch. 181, § 7(d); 1975, ch. 165, § 11; 1978, ch. 906, § 23; T.C.A., § 62-1315; Acts 1993, ch. 293, § 1; 1994, ch. 702, § 1.
Tenn. Code Ann. § 62-20-101 — TN Code / Title 62 / Chapter 20 / Section 62-20-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Tennessee Collection Service Act." Acts 1981, ch. 170, § 1.
This chapter shall be known and may be cited as the "Tennessee Collection Service Act."
Acts 1981, ch. 170, § 1.
Tenn. Code Ann. § 62-20-111 — TN Code / Title 62 / Chapter 20 / Section 62-20-111
[Repealed]
Status: repealed

Acts 1981, ch. 170, § 11; 1985, ch. 354, § 14; 1988, ch. 823, § 18; 1989, ch. 523, §170; 1992, ch. 580, § 3; 2001, ch. 130, § 2. Repealed by 2021 Tenn. Acts, ch. 549, s 34, eff. 10/1/2021.
Acts 1981, ch. 170, § 11; 1985, ch. 354, § 14; 1988, ch. 823, § 18; 1989, ch. 523, §170; 1992, ch. 580, § 3; 2001, ch. 130, § 2.
Repealed by 2021 Tenn. Acts, ch. 549, s 34, eff. 10/1/2021.
Tenn. Code Ann. § 62-4-204 — TN Code / Title 62 / Chapter 4 / Section 62-4-204
Part definitions
Status: in_force

As used in this compact, and except as otherwise provided, the following definitions govern the terms in this compact: (1) "Active military member" means any person with full-time duty status in the armed forces of the United States, including members of the national guard and reserve; (2) "Adverse action" means any administrative, civil, equitable, or criminal action permitted by a member state's laws that is imposed by a state licensing authority or other regulatory body against a cosmetologist, including actions against an individual's license or authorization to practice such as revocation, suspension, probation, monitoring of the licensee, limitation of the licensee's practice, or any other encumbrance on a license affecting an individual's ability to participate in the cosmetology industry, including the issuance of a cease and desist order; (3) "Alternative program" means a non-disciplinary monitoring or prosecutorial diversion program approved by a member state's state licensing authority; (4) "Authorization to practice" means a legal authorization associated with a multistate license permitting the practice of cosmetology in that remote state, which is subject to the enforcement jurisdiction of the state licensing authority in that remote state; (5) "Background check" means the submission of information for an applicant for the purpose of obtaining that applicant's criminal history record information, as further defined in 28 CFR § 20.3(d) , from the federal bureau of investigation and the agency responsible for retaining state criminal or disciplinary history in the applicant's home state; (6) "Charter member state" means a member state who has enacted legislation to adopt this compact where such legislation predates the effective date of this compact as described in § 62-4-215 ; (7) "Commission" means the government agency whose membership consists of all states that have enacted this compact, which is known as the cosmetology licensure compact commission, as established by § 62-4-211 , and which operates as an instrumentality of the member states; (8) "Cosmetologist" means an individual licensed in their home state to practice cosmetology; (9) "Cosmetology", "cosmetology services", and the "practice of cosmetology" mean the care and services provided by a cosmetologist as set forth in the member state's statutes and regulations in the state where the services are being provided; (10) "Current significant investigative information" means: (A) Investigative information that a state licensing authority, after an inquiry or investigation that complies with a member state's due process requirements, has reason to believe is not groundless and, if proved true, would indicate a violation of that state's laws regarding fraud or the practice of cosmetology; or (B) Investigative information that indicates that a licensee has engaged in fraud or represents an immediate threat to public health and safety, regardless of whether the licensee has been notified and had an opportunity to respond; (11) "Data system" means a repository of information about licensees, including, but not limited to, license status, investigative information, and adverse actions; (12) "Disqualifying event" means any event that disqualifies an individual from holding a multistate license under this compact, which the commission may by rule or order specify; (13) "Encumbered license" means a license in which an adverse action restricts the practice of cosmetology by a licensee, or where said adverse action has been reported to the commission; (14) "Encumbrance" means a revocation or suspension of, or any limitation on, the full and unrestricted practice of cosmetology by a state licensing authority; (15) "Executive committee" means a group of delegates elected or appointed to act on behalf of, and within the powers granted to them by, the commission; (16) "Home state" means the member state that is a licensee's primary state of residence, and where that licensee holds an active and unencumbered license to practice cosmetology; (17) "Investigative information" means information, records, or documents received or generated by a state licensing authority pursuant to an investigation or other inquiry; (18) "Jurisprudence requirement" means the assessment of an individual's knowledge of the laws and rules governing the practice of cosmetology in a state; (19) "Licensee" means an individual who currently holds a license from a member state to practice as a cosmetologist; (20) "Member state" means any state that has adopted this compact; (21) "Multistate license" means a license issued by and subject to the enforcement jurisdiction of the state licensing authority in a licensee's home state, which authorizes the practice of cosmetology in member states and includes authorizations to practice cosmetology in all remote states pursuant to this compact; (22) "Remote state" means any member state, other than the licensee's home state; (23) "Rule" means any rule or regulation promulgated by the commission under this compact that has the force of law; (24) "Single-state license" means a cosmetology license issued by a member state that authorizes the practice of cosmetology only within the issuing state and does not include any authorization outside of the issuing state; (25) "State" means a state, territory, or possession of the United States and the District of Columbia; and (26) "State licensing authority" means a member state's regulatory body responsible for issuing cosmetology licenses or otherwise overseeing the practice of cosmetology in that state. Added by 2024 Tenn. Acts, ch. 1060,s 1, eff. 7/1/2024.
As used in this compact, and except as otherwise provided, the following definitions govern the terms in this compact:
(1) "Active military member" means any person with full-time duty status in the armed forces of the United States, including members of the national guard and reserve;
(2) "Adverse action" means any administrative, civil, equitable, or criminal action permitted by a member state's laws that is imposed by a state licensing authority or other regulatory body against a cosmetologist, including actions against an individual's license or authorization to practice such as revocation, suspension, probation, monitoring of the licensee, limitation of the licensee's practice, or any other encumbrance on a license affecting an individual's ability to participate in the cosmetology industry, including the issuance of a cease and desist order;
(3) "Alternative program" means a non-disciplinary monitoring or prosecutorial diversion program approved by a member state's state licensing authority;
(4) "Authorization to practice" means a legal authorization associated with a multistate license permitting the practice of cosmetology in that remote state, which is subject to the enforcement jurisdiction of the state licensing authority in that remote state;
(5) "Background check" means the submission of information for an applicant for the purpose of obtaining that applicant's criminal history record information, as further defined in 28 CFR § 20.3(d) , from the federal bureau of investigation and the agency responsible for retaining state criminal or disciplinary history in the applicant's home state;
(6) "Charter member state" means a member state who has enacted legislation to adopt this compact where such legislation predates the effective date of this compact as described in § 62-4-215 ;
(7) "Commission" means the government agency whose membership consists of all states that have enacted this compact, which is known as the cosmetology licensure compact commission, as established by § 62-4-211 , and which operates as an instrumentality of the member states;
(8) "Cosmetologist" means an individual licensed in their home state to practice cosmetology;
(9) "Cosmetology", "cosmetology services", and the "practice of cosmetology" mean the care and services provided by a cosmetologist as set forth in the member state's statutes and regulations in the state where the services are being provided;
(10) "Current significant investigative information" means: (A) Investigative information that a state licensing authority, after an inquiry or investigation that complies with a member state's due process requirements, has reason to believe is not groundless and, if proved true, would indicate a violation of that state's laws regarding fraud or the practice of cosmetology; or (B) Investigative information that indicates that a licensee has engaged in fraud or represents an immediate threat to public health and safety, regardless of whether the licensee has been notified and had an opportunity to respond;
(A) Investigative information that a state licensing authority, after an inquiry or investigation that complies with a member state's due process requirements, has reason to believe is not groundless and, if proved true, would indicate a violation of that state's laws regarding fraud or the practice of cosmetology; or
(B) Investigative information that indicates that a licensee has engaged in fraud or represents an immediate threat to public health and safety, regardless of whether the licensee has been notified and had an opportunity to respond;
(11) "Data system" means a repository of information about licensees, including, but not limited to, license status, investigative information, and adverse actions;
(12) "Disqualifying event" means any event that disqualifies an individual from holding a multistate license under this compact, which the commission may by rule or order specify;
(13) "Encumbered license" means a license in which an adverse action restricts the practice of cosmetology by a licensee, or where said adverse action has been reported to the commission;
(14) "Encumbrance" means a revocation or suspension of, or any limitation on, the full and unrestricted practice of cosmetology by a state licensing authority;
(15) "Executive committee" means a group of delegates elected or appointed to act on behalf of, and within the powers granted to them by, the commission;
(16) "Home state" means the member state that is a licensee's primary state of residence, and where that licensee holds an active and unencumbered license to practice cosmetology;
(17) "Investigative information" means information, records, or documents received or generated by a state licensing authority pursuant to an investigation or other inquiry;
(18) "Jurisprudence requirement" means the assessment of an individual's knowledge of the laws and rules governing the practice of cosmetology in a state;
(19) "Licensee" means an individual who currently holds a license from a member state to practice as a cosmetologist;
(20) "Member state" means any state that has adopted this compact;
(21) "Multistate license" means a license issued by and subject to the enforcement jurisdiction of the state licensing authority in a licensee's home state, which authorizes the practice of cosmetology in member states and includes authorizations to practice cosmetology in all remote states pursuant to this compact;
(22) "Remote state" means any member state, other than the licensee's home state;
(23) "Rule" means any rule or regulation promulgated by the commission under this compact that has the force of law;
(24) "Single-state license" means a cosmetology license issued by a member state that authorizes the practice of cosmetology only within the issuing state and does not include any authorization outside of the issuing state;
(25) "State" means a state, territory, or possession of the United States and the District of Columbia; and
(26) "State licensing authority" means a member state's regulatory body responsible for issuing cosmetology licenses or otherwise overseeing the practice of cosmetology in that state.
Added by 2024 Tenn. Acts, ch. 1060,s 1, eff. 7/1/2024.
Tenn. Code Ann. § 62-6-505 — TN Code / Title 62 / Chapter 6 / Section 62-6-505
Exemption from licensing requirements
Status: in_force

(a) No home improvement contractor's license may be required of any person when acting in the particular capacity or particular type of transaction set forth in this section: (1) An individual who performs labor or services for a home improvement contractor or subcontractor for wages or salary; (2) A plumber, electrician, architect or any other person who is required by state or local law to attain standards of competency or experience as a prerequisite to engaging in a craft or profession, and who is acting exclusively within the scope of the craft or profession for which the person is currently licensed pursuant to such other law. The installation of central heating or air conditioning systems by such a person shall be deemed within the scope of the person's craft or profession; (3) Any retail clerk, clerical employee, salesperson or other employee of a licensed home improvement contractor; (4) Any residential or commercial contractor who holds a valid license issued pursuant to this chapter and is engaged in contracting within the terms and conditions of the license; or (5) An interior designer performing services as set forth in § 62-6-501(4)(B)(vii) . (b) A homeowner may secure a permit without a state license to do any improvements on the homeowner's own properties; however, in so doing, the homeowner shall have no claim to the fund. Acts 2007 , ch. 460, § 2.
(a) No home improvement contractor's license may be required of any person when acting in the particular capacity or particular type of transaction set forth in this section: (1) An individual who performs labor or services for a home improvement contractor or subcontractor for wages or salary; (2) A plumber, electrician, architect or any other person who is required by state or local law to attain standards of competency or experience as a prerequisite to engaging in a craft or profession, and who is acting exclusively within the scope of the craft or profession for which the person is currently licensed pursuant to such other law. The installation of central heating or air conditioning systems by such a person shall be deemed within the scope of the person's craft or profession; (3) Any retail clerk, clerical employee, salesperson or other employee of a licensed home improvement contractor; (4) Any residential or commercial contractor who holds a valid license issued pursuant to this chapter and is engaged in contracting within the terms and conditions of the license; or (5) An interior designer performing services as set forth in § 62-6-501(4)(B)(vii) .
(1) An individual who performs labor or services for a home improvement contractor or subcontractor for wages or salary;
(2) A plumber, electrician, architect or any other person who is required by state or local law to attain standards of competency or experience as a prerequisite to engaging in a craft or profession, and who is acting exclusively within the scope of the craft or profession for which the person is currently licensed pursuant to such other law. The installation of central heating or air conditioning systems by such a person shall be deemed within the scope of the person's craft or profession;
(3) Any retail clerk, clerical employee, salesperson or other employee of a licensed home improvement contractor;
(4) Any residential or commercial contractor who holds a valid license issued pursuant to this chapter and is engaged in contracting within the terms and conditions of the license; or
(5) An interior designer performing services as set forth in § 62-6-501(4)(B)(vii) .
(b) A homeowner may secure a permit without a state license to do any improvements on the homeowner's own properties; however, in so doing, the homeowner shall have no claim to the fund.
Acts 2007 , ch. 460, § 2.
Tenn. Code Ann. § 62-36-107 — TN Code / Title 62 / Chapter 36 / Section 62-36-107
Sole proprietorships, partnerships and corporations - Construction of chapter with other related professions
Status: in_force

(a) A sole proprietorship, partnership or corporation that provides geological services as its primary activity may engage in the practice of geology; provided, that at least one (1) principal or officer is in responsible charge of the activity and is a licensed professional geologist. A sole proprietorship, partnership or corporation whose primary activity is other than the practice of geology may offer geological services; provided, that a licensed professional geologist is in responsible charge of the activity. The exemptions of § 62-36-106 shall apply to sole proprietorships, partnerships, and corporations. (b) This chapter shall not be construed to prevent or to affect: (1) The practice of any profession or trade related to geology for which a license or registration is required under any other law of this state; provided, that the work is permitted under the applicable licensing or registration law; (2) The right of licensed professional engineers to lawfully practice foundation engineering, geotechnical engineering, soils mechanics or other professional engineering as provided by chapter 2 of this title; or (3) Registered architects lawfully practicing architecture as provided by chapter 2 of this title. Acts 2007 , ch. 495, § 8.
(a) A sole proprietorship, partnership or corporation that provides geological services as its primary activity may engage in the practice of geology; provided, that at least one (1) principal or officer is in responsible charge of the activity and is a licensed professional geologist. A sole proprietorship, partnership or corporation whose primary activity is other than the practice of geology may offer geological services; provided, that a licensed professional geologist is in responsible charge of the activity. The exemptions of § 62-36-106 shall apply to sole proprietorships, partnerships, and corporations.
(b) This chapter shall not be construed to prevent or to affect: (1) The practice of any profession or trade related to geology for which a license or registration is required under any other law of this state; provided, that the work is permitted under the applicable licensing or registration law; (2) The right of licensed professional engineers to lawfully practice foundation engineering, geotechnical engineering, soils mechanics or other professional engineering as provided by chapter 2 of this title; or (3) Registered architects lawfully practicing architecture as provided by chapter 2 of this title.
(1) The practice of any profession or trade related to geology for which a license or registration is required under any other law of this state; provided, that the work is permitted under the applicable licensing or registration law;
(2) The right of licensed professional engineers to lawfully practice foundation engineering, geotechnical engineering, soils mechanics or other professional engineering as provided by chapter 2 of this title; or
(3) Registered architects lawfully practicing architecture as provided by chapter 2 of this title.
Acts 2007 , ch. 495, § 8.
Tenn. Code Ann. § 62-26-227 — TN Code / Title 62 / Chapter 26 / Section 62-26-227
Prosecutions
Status: in_force

No action taken under this part shall preclude prosecution under § 39-16-302 . Acts 1993, ch. 511, § 22.
No action taken under this part shall preclude prosecution under § 39-16-302 .
Acts 1993, ch. 511, § 22.
Tenn. Code Ann. § 62-6-514 — TN Code / Title 62 / Chapter 6 / Section 62-6-514
Issuance of injunctions
Status: in_force

If the board concludes that any continuing conduct by any person alleged to be in violation of this part may result in substantial or irreparable harm to any citizen of this state, the board may seek a permanent or temporary injunction with respect to the conduct from the circuit or chancery court of any county in which the alleged violation is occurring or in which the violator has its principal place of business. Acts 2007, ch. 460, § 2.
If the board concludes that any continuing conduct by any person alleged to be in violation of this part may result in substantial or irreparable harm to any citizen of this state, the board may seek a permanent or temporary injunction with respect to the conduct from the circuit or chancery court of any county in which the alleged violation is occurring or in which the violator has its principal place of business.
Acts 2007, ch. 460, § 2.
Tenn. Code Ann. § 62-27-124 — TN Code / Title 62 / Chapter 27 / Section 62-27-124
Recordkeeping - Confidentiality
Status: in_force

(a) All polygraph charts, question sheets, written reports, data sheets, opinions of the polygraph examiner based on chart analysis and other pertinent papers shall be kept on file for at least three (3) years from the date of the examination in a safe place under the direct control of the examiner or, if the examiner is not independent, the examiner's employer. (b) No records obtained by law enforcement officers or employees during official polygraph examinations shall be subject to disclosure under this chapter. Acts 1978, ch. 900, § 7; 1981, ch. 489, §§ 5, 7; T.C.A., § 62-2706; Acts 1982, ch. 720, § 23; 1986, ch. 739, § 3; 1998, ch. 777, §§3, 4; 2003 , ch. 206, § 14.
(a) All polygraph charts, question sheets, written reports, data sheets, opinions of the polygraph examiner based on chart analysis and other pertinent papers shall be kept on file for at least three (3) years from the date of the examination in a safe place under the direct control of the examiner or, if the examiner is not independent, the examiner's employer.
(b) No records obtained by law enforcement officers or employees during official polygraph examinations shall be subject to disclosure under this chapter.
Acts 1978, ch. 900, § 7; 1981, ch. 489, §§ 5, 7; T.C.A., § 62-2706; Acts 1982, ch. 720, § 23; 1986, ch. 739, § 3; 1998, ch. 777, §§3, 4; 2003 , ch. 206, § 14.
Tenn. Code Ann. § 62-18-218 — TN Code / Title 62 / Chapter 18 / Section 62-18-218
Legal counsel
Status: in_force

Legal counsel shall be provided by the division of regulatory boards. Acts 2010, ch. 1032, § 19.
Legal counsel shall be provided by the division of regulatory boards.
Acts 2010, ch. 1032, § 19.
Tenn. Code Ann. § 62-36-120 — TN Code / Title 62 / Chapter 36 / Section 62-36-120
Reissue of revoked license
Status: in_force

The department may reissue a certificate of licensure to any person whose certificate of licensure has been revoked upon written application to the department by the applicant, showing good cause to justify reissuance. Acts 2007, ch. 495, § 21.
The department may reissue a certificate of licensure to any person whose certificate of licensure has been revoked upon written application to the department by the applicant, showing good cause to justify reissuance.
Acts 2007, ch. 495, § 21.
Tenn. Code Ann. § 62-6-125 — TN Code / Title 62 / Chapter 6 / Section 62-6-125
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., § 62-626.
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., § 62-626.
Tenn. Code Ann. § 62-5-705 — TN Code / Title 62 / Chapter 5 / Section 62-5-705
Petition to court with probate jurisdiction to make determination in case of dispute concerning disposition - Considerations in determination
Status: in_force

If two (2) or more persons hold the right of disposition pursuant to § 62-5-703 , and they cannot, by majority vote, make a decision regarding the disposition of the decedent's remains, any of such persons or a funeral establishment with custody of the remains may file a petition asking the court with probate jurisdiction to make a determination in the matter. If a funeral establishment brings an action under this section, or relies upon this section to defend itself in a related lawsuit, the court may award legal fees and court costs associated with a petition under this section to the cost of final disposition. The court with probate jurisdiction for the county where the decedent resided may award the right of disposition to the person determined by the court to be the most fit and appropriate to carry out the right of disposition, and may make decisions regarding the decedent's remains if those sharing the right of disposition cannot agree. The court may consider the following in making such determination: (1) The reasonableness and practicality of the proposed funeral arrangements and disposition; (2) The degree of the personal relationship between the decedent and each of the persons claiming the right of disposition; (3) The desires of the person who is ready, able and willing to pay the cost of the funeral arrangements and disposition; (4) The convenience and needs of other families and friends wishing to pay respects; (5) The desires of the decedent; and (6) The degree to which the funeral arrangements would allow maximum participation by all wishing to pay respect. Acts 2012 , ch. 828, § 2.
If two (2) or more persons hold the right of disposition pursuant to § 62-5-703 , and they cannot, by majority vote, make a decision regarding the disposition of the decedent's remains, any of such persons or a funeral establishment with custody of the remains may file a petition asking the court with probate jurisdiction to make a determination in the matter. If a funeral establishment brings an action under this section, or relies upon this section to defend itself in a related lawsuit, the court may award legal fees and court costs associated with a petition under this section to the cost of final disposition. The court with probate jurisdiction for the county where the decedent resided may award the right of disposition to the person determined by the court to be the most fit and appropriate to carry out the right of disposition, and may make decisions regarding the decedent's remains if those sharing the right of disposition cannot agree. The court may consider the following in making such determination:
(1) The reasonableness and practicality of the proposed funeral arrangements and disposition;
(2) The degree of the personal relationship between the decedent and each of the persons claiming the right of disposition;
(3) The desires of the person who is ready, able and willing to pay the cost of the funeral arrangements and disposition;
(4) The convenience and needs of other families and friends wishing to pay respects;
(5) The desires of the decedent; and
(6) The degree to which the funeral arrangements would allow maximum participation by all wishing to pay respect.
Acts 2012 , ch. 828, § 2.
Tenn. Code Ann. § 62-4-126 — TN Code / Title 62 / Chapter 4 / Section 62-4-126
Identification of school or shop
Status: in_force

Each school and shop, including one located in a private residence, shall display at its entrance a sign of sufficient size to be clearly visible from the street indicating that it is a school or shop. Acts 1986, ch. 817, § 26.
Each school and shop, including one located in a private residence, shall display at its entrance a sign of sufficient size to be clearly visible from the street indicating that it is a school or shop.
Acts 1986, ch. 817, § 26.
Tenn. Code Ann. § 62-9-106 — TN Code / Title 62 / Chapter 9 / Section 62-9-106
Offense to sell or for dealer to purchase certain types of scrap metal - Exceptions - Uniform scrap metal marking system - Committee to develop marking system - Violations - Prosecution for other offenses
Status: in_force

(a) Except as provided in subsection (b), it is an offense to knowingly sell or attempt to sell to a scrap metal dealer or for a scrap metal dealer to knowingly purchase or attempt to purchase the following types of scrap metal: (1) Scrap metal marked with the initials of an electric, telephone, cable or other public utility or an electric or telephone cooperative; (2) Utility access covers; (3) Street light poles and fixtures; (4) Road and bridge guard rails; (5) Highway or street signs; (6) Water meter covers; (7) Traffic directional and control signs; (8) Traffic light signals; (9) Any scrap metal visibly marked or painted with the name of a government entity, business, company or the name of the owner of the metal; (10) Property owned by a telephone, cable, electric, water or other utility, an electric or telephone cooperative or a railroad, and marked or otherwise identified as such; and (11) Unused and undamaged historical markers or grave markers and vases. (b) It is an exception to application of this section that the person attempting to sell the scrap metal provides reasonable, written documentation that the seller is the owner of the scrap metal or is an employee, agent or other person authorized to sell the scrap metal on behalf of the owner. The dealer shall make a photo copy of any documentation provided pursuant to this subsection (b) and retain the copy as part of the transaction record. (c) In order for this section to apply to items of scrap metal covered by subdivision (a)(9), the scrap metal must be marked or painted in accordance with a uniform scrap metal marking system to be devised by the department as part of its rules and regulations. In devising the marking system, the department may consult with, or request recommendations from, other state or local government departments or private companies that currently mark property. The commissioner may also appoint a committee to develop the uniform scrap metal marking system. If so appointed, the committee shall consist of at least five (5) members but no more than seven (7) members with at least one (1) member selected from each of the following groups: the scrap metal industry, the Tennessee Association of Chiefs of Police, the Tennessee Sheriffs' Association, the Home Builders Association of Tennessee, and a member of the public who is not engaged in law enforcement, the scrap metal industry or the home building industry. (d) (1) (A) Any person selling or attempting to sell metal to a scrap metal dealer in violation of this section shall be guilty of a Class A misdemeanor unless the value of the metal, in its original and undamaged condition, in addition to any costs which are, or would be, incurred in repairing or in the attempt to recover any property damaged in the theft or removal of such metal, is in an aggregate amount which exceeds five hundred dollars ($500), in which case such person shall be guilty of a Class E felony and, upon conviction, shall be punished only by a fine of not more than five thousand dollars ($5,000). (B) Any scrap metal dealer purchasing or attempting to purchase scrap metal in violation of this section shall be guilty of a Class A misdemeanor. (2) Nothing in this section shall be construed to preclude a person violating this section from also being prosecuted for theft or any other applicable offense. Acts 2008 , ch. 690, §1; 2012 , ch. 969, § 1.
(a) Except as provided in subsection (b), it is an offense to knowingly sell or attempt to sell to a scrap metal dealer or for a scrap metal dealer to knowingly purchase or attempt to purchase the following types of scrap metal: (1) Scrap metal marked with the initials of an electric, telephone, cable or other public utility or an electric or telephone cooperative; (2) Utility access covers; (3) Street light poles and fixtures; (4) Road and bridge guard rails; (5) Highway or street signs; (6) Water meter covers; (7) Traffic directional and control signs; (8) Traffic light signals; (9) Any scrap metal visibly marked or painted with the name of a government entity, business, company or the name of the owner of the metal; (10) Property owned by a telephone, cable, electric, water or other utility, an electric or telephone cooperative or a railroad, and marked or otherwise identified as such; and (11) Unused and undamaged historical markers or grave markers and vases.
(1) Scrap metal marked with the initials of an electric, telephone, cable or other public utility or an electric or telephone cooperative;
(2) Utility access covers;
(3) Street light poles and fixtures;
(4) Road and bridge guard rails;
(5) Highway or street signs;
(6) Water meter covers;
(7) Traffic directional and control signs;
(8) Traffic light signals;
(9) Any scrap metal visibly marked or painted with the name of a government entity, business, company or the name of the owner of the metal;
(10) Property owned by a telephone, cable, electric, water or other utility, an electric or telephone cooperative or a railroad, and marked or otherwise identified as such; and
(11) Unused and undamaged historical markers or grave markers and vases.
(b) It is an exception to application of this section that the person attempting to sell the scrap metal provides reasonable, written documentation that the seller is the owner of the scrap metal or is an employee, agent or other person authorized to sell the scrap metal on behalf of the owner. The dealer shall make a photo copy of any documentation provided pursuant to this subsection (b) and retain the copy as part of the transaction record.
(c) In order for this section to apply to items of scrap metal covered by subdivision (a)(9), the scrap metal must be marked or painted in accordance with a uniform scrap metal marking system to be devised by the department as part of its rules and regulations. In devising the marking system, the department may consult with, or request recommendations from, other state or local government departments or private companies that currently mark property. The commissioner may also appoint a committee to develop the uniform scrap metal marking system. If so appointed, the committee shall consist of at least five (5) members but no more than seven (7) members with at least one (1) member selected from each of the following groups: the scrap metal industry, the Tennessee Association of Chiefs of Police, the Tennessee Sheriffs' Association, the Home Builders Association of Tennessee, and a member of the public who is not engaged in law enforcement, the scrap metal industry or the home building industry.
(d) (1) (A) Any person selling or attempting to sell metal to a scrap metal dealer in violation of this section shall be guilty of a Class A misdemeanor unless the value of the metal, in its original and undamaged condition, in addition to any costs which are, or would be, incurred in repairing or in the attempt to recover any property damaged in the theft or removal of such metal, is in an aggregate amount which exceeds five hundred dollars ($500), in which case such person shall be guilty of a Class E felony and, upon conviction, shall be punished only by a fine of not more than five thousand dollars ($5,000). (B) Any scrap metal dealer purchasing or attempting to purchase scrap metal in violation of this section shall be guilty of a Class A misdemeanor. (2) Nothing in this section shall be construed to preclude a person violating this section from also being prosecuted for theft or any other applicable offense.
(1) (A) Any person selling or attempting to sell metal to a scrap metal dealer in violation of this section shall be guilty of a Class A misdemeanor unless the value of the metal, in its original and undamaged condition, in addition to any costs which are, or would be, incurred in repairing or in the attempt to recover any property damaged in the theft or removal of such metal, is in an aggregate amount which exceeds five hundred dollars ($500), in which case such person shall be guilty of a Class E felony and, upon conviction, shall be punished only by a fine of not more than five thousand dollars ($5,000). (B) Any scrap metal dealer purchasing or attempting to purchase scrap metal in violation of this section shall be guilty of a Class A misdemeanor.
(A) Any person selling or attempting to sell metal to a scrap metal dealer in violation of this section shall be guilty of a Class A misdemeanor unless the value of the metal, in its original and undamaged condition, in addition to any costs which are, or would be, incurred in repairing or in the attempt to recover any property damaged in the theft or removal of such metal, is in an aggregate amount which exceeds five hundred dollars ($500), in which case such person shall be guilty of a Class E felony and, upon conviction, shall be punished only by a fine of not more than five thousand dollars ($5,000).
(B) Any scrap metal dealer purchasing or attempting to purchase scrap metal in violation of this section shall be guilty of a Class A misdemeanor.
(2) Nothing in this section shall be construed to preclude a person violating this section from also being prosecuted for theft or any other applicable offense.
Acts 2008 , ch. 690, §1; 2012 , ch. 969, § 1.
Tenn. Code Ann. § 62-35-113 — TN Code / Title 62 / Chapter 35 / Section 62-35-113
Change in ownership - Application for license - Operation under old license
Status: in_force

(a) If the ownership of a contract security company changes, the new owner, if not already a licensee, may not operate that company more than thirty (30) days after the date of the change of ownership unless, within the thirty-day period, the new owner submits an application for a license. If the application is submitted, the new owner may continue to operate the company until the application has been finally determined by the commissioner. (b) For good cause, the commissioner may extend the period for submitting an application pursuant to subsection (a) for a reasonable time. Acts 1987, ch. 436, § 13.
(a) If the ownership of a contract security company changes, the new owner, if not already a licensee, may not operate that company more than thirty (30) days after the date of the change of ownership unless, within the thirty-day period, the new owner submits an application for a license. If the application is submitted, the new owner may continue to operate the company until the application has been finally determined by the commissioner.
(b) For good cause, the commissioner may extend the period for submitting an application pursuant to subsection (a) for a reasonable time.
Acts 1987, ch. 436, § 13.
Tenn. Code Ann. § 62-32-115 — TN Code / Title 62 / Chapter 32 / Section 62-32-115
Act supplemental
Status: in_force

This part is supplemental to chapter 6 of this title. Acts 1984, ch. 949, § 17.
This part is supplemental to chapter 6 of this title.
Acts 1984, ch. 949, § 17.
Tenn. Code Ann. § 62-39-102 — TN Code / Title 62 / Chapter 39 / Section 62-39-102
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Analysis assignment" means an analysis, opinion or conclusion prepared by a real estate appraiser that relates to the nature, quality or utility of identified real estate or identified real property; (2) "Applicant for initial registration, licensure, or certification": (A) Means any person applying for a registration, license, or certification issued under this chapter who does not currently hold a valid registration, license, or certification issued by the commission; (B) Includes: (i) Any person who previously held a registration, license or certification issued under this chapter who failed to timely renew such registration, license, or certification and is required to reapply for a new registration, license or certification; or (ii) Any person applying for a reciprocal registration; and (C) Does not include: (i) Any person renewing an existing registration, license, or certification issued under this chapter; (ii) A current registrant applying for a license or certification; (iii) A current licensee applying for certification; or (iv) Any person applying for a reciprocal license or certification if such person holds an active license or certification that is appraiser qualifications board compliant in the other jurisdiction; (3) "Appraisal" means the act or process of developing an opinion of value of identified real estate. That opinion of value may be numerically expressed either as a specific amount, as a range of numbers or as a relationship to a previous value opinion or other numerical benchmark; (4) "Appraisal assignment" means an engagement for which an appraiser is employed or retained to act, or would be perceived by third parties or the public as acting, as a disinterested third party in rendering an unbiased analysis, opinion or conclusion relating to the nature, quality, value or utility of specified interests in, or aspects of, identified real estate; (5) "Appraisal foundation" means the appraisal foundation incorporated as an Illinois not for profit corporation on November 30, 1987; (6) "Appraisal report" means any communication, written or oral, of an opinion of value of identified real estate. For the purposes of this chapter, an appraiser who testifies as to the value of an identified real property is deemed to have provided an oral appraisal report; (7) "Certified appraisal report" means a written or oral appraisal report that is certified as such by a state certified real estate appraiser. Some federal agencies require appraisals to be in writing; (8) "Commission" means the real estate appraiser commission established pursuant to § 62-39-201 ; (9) "Real estate" means an identified parcel or tract of land, including improvements, if any; (10) "Real estate appraisal activity" means the act or process of making an appraisal of real estate or real property and preparing an appraisal report; (11) "Real estate appraiser" means a person who engages in real estate appraisal activity for a fee or other valuable consideration; (12) "Real property" means one (1) or more defined interests, benefits and rights inherent in the ownership of real estate; (13) "Review assignment" means an analysis, opinion or conclusion prepared by a real estate appraiser that forms an opinion as to the adequacy and appropriateness of a valuation appraisal or an analysis assignment; (14) "Specialized services" means those appraisal services that do not fall within the definition of appraisal assignment. "Specialized services" may include valuation work and analysis work. Regardless of the intention of the client or employer, if the appraiser would be perceived by third parties or the public as acting as a disinterested third party in rendering an unbiased analysis, opinion or conclusion, the work is classified as an appraisal assignment and not specialized services; (15) "State certified real estate appraiser" means a person who develops and communicates real estate appraisals and who holds a current, valid certificate issued to the person for either general or residential real estate under this chapter; (16) "State licensed real estate appraiser" means a person who holds a current, valid real estate appraiser license issued pursuant to this chapter; and (17) "Valuation appraisal" refers to an analysis, opinion or conclusion prepared by a real estate appraiser that estimates the value of an identified parcel of real estate or identified real property at a particular point in time. Amended by 2014 Tenn. Acts, ch. 621, s 1, eff. 1/1/2015. Acts 1990, ch. 865, §§ 3, 39; 1991, ch. 366, §§ 1-3; 1992, ch. 697, §§ 2-4; 2008 , ch. 727, §§ 1, 2; 2009 , ch. 279, § 8.
As used in this chapter, unless the context otherwise requires:
(1) "Analysis assignment" means an analysis, opinion or conclusion prepared by a real estate appraiser that relates to the nature, quality or utility of identified real estate or identified real property;
(2) "Applicant for initial registration, licensure, or certification": (A) Means any person applying for a registration, license, or certification issued under this chapter who does not currently hold a valid registration, license, or certification issued by the commission; (B) Includes: (i) Any person who previously held a registration, license or certification issued under this chapter who failed to timely renew such registration, license, or certification and is required to reapply for a new registration, license or certification; or (ii) Any person applying for a reciprocal registration; and (C) Does not include: (i) Any person renewing an existing registration, license, or certification issued under this chapter; (ii) A current registrant applying for a license or certification; (iii) A current licensee applying for certification; or (iv) Any person applying for a reciprocal license or certification if such person holds an active license or certification that is appraiser qualifications board compliant in the other jurisdiction;
(A) Means any person applying for a registration, license, or certification issued under this chapter who does not currently hold a valid registration, license, or certification issued by the commission;
(B) Includes: (i) Any person who previously held a registration, license or certification issued under this chapter who failed to timely renew such registration, license, or certification and is required to reapply for a new registration, license or certification; or (ii) Any person applying for a reciprocal registration; and
(i) Any person who previously held a registration, license or certification issued under this chapter who failed to timely renew such registration, license, or certification and is required to reapply for a new registration, license or certification; or
(ii) Any person applying for a reciprocal registration; and
(C) Does not include: (i) Any person renewing an existing registration, license, or certification issued under this chapter; (ii) A current registrant applying for a license or certification; (iii) A current licensee applying for certification; or (iv) Any person applying for a reciprocal license or certification if such person holds an active license or certification that is appraiser qualifications board compliant in the other jurisdiction;
(i) Any person renewing an existing registration, license, or certification issued under this chapter;
(ii) A current registrant applying for a license or certification;
(iii) A current licensee applying for certification; or
(iv) Any person applying for a reciprocal license or certification if such person holds an active license or certification that is appraiser qualifications board compliant in the other jurisdiction;
(3) "Appraisal" means the act or process of developing an opinion of value of identified real estate. That opinion of value may be numerically expressed either as a specific amount, as a range of numbers or as a relationship to a previous value opinion or other numerical benchmark;
(4) "Appraisal assignment" means an engagement for which an appraiser is employed or retained to act, or would be perceived by third parties or the public as acting, as a disinterested third party in rendering an unbiased analysis, opinion or conclusion relating to the nature, quality, value or utility of specified interests in, or aspects of, identified real estate;
(5) "Appraisal foundation" means the appraisal foundation incorporated as an Illinois not for profit corporation on November 30, 1987;
(6) "Appraisal report" means any communication, written or oral, of an opinion of value of identified real estate. For the purposes of this chapter, an appraiser who testifies as to the value of an identified real property is deemed to have provided an oral appraisal report;
(7) "Certified appraisal report" means a written or oral appraisal report that is certified as such by a state certified real estate appraiser. Some federal agencies require appraisals to be in writing;
(8) "Commission" means the real estate appraiser commission established pursuant to § 62-39-201 ;
(9) "Real estate" means an identified parcel or tract of land, including improvements, if any;
(10) "Real estate appraisal activity" means the act or process of making an appraisal of real estate or real property and preparing an appraisal report;
(11) "Real estate appraiser" means a person who engages in real estate appraisal activity for a fee or other valuable consideration;
(12) "Real property" means one (1) or more defined interests, benefits and rights inherent in the ownership of real estate;
(13) "Review assignment" means an analysis, opinion or conclusion prepared by a real estate appraiser that forms an opinion as to the adequacy and appropriateness of a valuation appraisal or an analysis assignment;
(14) "Specialized services" means those appraisal services that do not fall within the definition of appraisal assignment. "Specialized services" may include valuation work and analysis work. Regardless of the intention of the client or employer, if the appraiser would be perceived by third parties or the public as acting as a disinterested third party in rendering an unbiased analysis, opinion or conclusion, the work is classified as an appraisal assignment and not specialized services;
(15) "State certified real estate appraiser" means a person who develops and communicates real estate appraisals and who holds a current, valid certificate issued to the person for either general or residential real estate under this chapter;
(16) "State licensed real estate appraiser" means a person who holds a current, valid real estate appraiser license issued pursuant to this chapter; and
(17) "Valuation appraisal" refers to an analysis, opinion or conclusion prepared by a real estate appraiser that estimates the value of an identified parcel of real estate or identified real property at a particular point in time.
Amended by 2014 Tenn. Acts, ch. 621, s 1, eff. 1/1/2015.
Acts 1990, ch. 865, §§ 3, 39; 1991, ch. 366, §§ 1-3; 1992, ch. 697, §§ 2-4; 2008 , ch. 727, §§ 1, 2; 2009 , ch. 279, § 8.
Tenn. Code Ann. § 62-21-101 — TN Code / Title 62 / Chapter 21 / Section 62-21-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Tennessee Application of Pesticides Act of 1978." Acts 1978, ch. 844, § 1; T.C.A., § 62-2101.
This chapter shall be known and may be cited as the "Tennessee Application of Pesticides Act of 1978."
Acts 1978, ch. 844, § 1; T.C.A., § 62-2101.
Tenn. Code Ann. § 62-32-105 — TN Code / Title 62 / Chapter 32 / Section 62-32-105
Application for certification of registration as contractor
Status: in_force

(a) An application for a certificate of registration as a fire protection sprinkler system contractor shall be submitted on a form prescribed by the department. (b) The application shall be accompanied by: (1) A nonrefundable application fee in an amount not to exceed one hundred dollars ($100); and (2) A surety bond executed by the applicant and a surety company authorized to do business in this state, made payable to the state of Tennessee in the amount of ten thousand dollars ($10,000). The bond shall be for the use and benefit of any person who may be injured or aggrieved by a wrongful act or omission of an employee, servant, officer or agent in the conduct of business of the fire protection sprinkler system contractor. Any person so injured or aggrieved may sue directly on the bond without assignment of the bond. (c) The bonding requirement of this section shall not apply to any person who is licensed to engage in fire protection sprinkler system work by the board for licensing contractors under chapter 6 of this title. Acts 1984, ch. 949, § 5.
(a) An application for a certificate of registration as a fire protection sprinkler system contractor shall be submitted on a form prescribed by the department.
(b) The application shall be accompanied by: (1) A nonrefundable application fee in an amount not to exceed one hundred dollars ($100); and (2) A surety bond executed by the applicant and a surety company authorized to do business in this state, made payable to the state of Tennessee in the amount of ten thousand dollars ($10,000). The bond shall be for the use and benefit of any person who may be injured or aggrieved by a wrongful act or omission of an employee, servant, officer or agent in the conduct of business of the fire protection sprinkler system contractor. Any person so injured or aggrieved may sue directly on the bond without assignment of the bond.
(1) A nonrefundable application fee in an amount not to exceed one hundred dollars ($100); and
(2) A surety bond executed by the applicant and a surety company authorized to do business in this state, made payable to the state of Tennessee in the amount of ten thousand dollars ($10,000). The bond shall be for the use and benefit of any person who may be injured or aggrieved by a wrongful act or omission of an employee, servant, officer or agent in the conduct of business of the fire protection sprinkler system contractor. Any person so injured or aggrieved may sue directly on the bond without assignment of the bond.
(c) The bonding requirement of this section shall not apply to any person who is licensed to engage in fire protection sprinkler system work by the board for licensing contractors under chapter 6 of this title.
Acts 1984, ch. 949, § 5.
Tenn. Code Ann. § 62-1-203 — TN Code / Title 62 / Chapter 1 / Section 62-1-203
Accountants serving on review committees - Immunity
Status: in_force

(a) Any certified public accountant or public accountant who serves on any review committee is immune from liability with respect to any action taken by the accountant in good faith as a member of the review committee. (b) Certified public accountants and public accountants, and any other individual appointed to or authorized to perform administrative services for any review committee, are immune from liability for furnishing information, data, reports or records to any review committee or for damages resulting from any decisions, opinions, actions and proceedings rendered, entered or acted upon by the review committees undertaken or performed within the scope or functions of the duties of the review committees, if made or taken in good faith and without malice and on the basis of facts reasonably known or reasonably believed to exist. Acts 1991, ch. 274, § 1.
(a) Any certified public accountant or public accountant who serves on any review committee is immune from liability with respect to any action taken by the accountant in good faith as a member of the review committee.
(b) Certified public accountants and public accountants, and any other individual appointed to or authorized to perform administrative services for any review committee, are immune from liability for furnishing information, data, reports or records to any review committee or for damages resulting from any decisions, opinions, actions and proceedings rendered, entered or acted upon by the review committees undertaken or performed within the scope or functions of the duties of the review committees, if made or taken in good faith and without malice and on the basis of facts reasonably known or reasonably believed to exist.
Acts 1991, ch. 274, § 1.
Tenn. Code Ann. § 62-18-104 — TN Code / Title 62 / Chapter 18 / Section 62-18-104
Public member
Status: in_force

In addition to appointments made pursuant to § 62-18-103 , the board shall also consist of one (1) member who shall be appointed by the governor for a six-year term, each term to begin on July 1 and who shall not be engaged in the practice of land surveying. The member shall be a resident of this state and shall possess good moral character. Acts 1979, ch. 21, § 2; T.C.A., § 62-1804; Acts 1983, ch. 257, § 1.
In addition to appointments made pursuant to § 62-18-103 , the board shall also consist of one (1) member who shall be appointed by the governor for a six-year term, each term to begin on July 1 and who shall not be engaged in the practice of land surveying. The member shall be a resident of this state and shall possess good moral character.
Acts 1979, ch. 21, § 2; T.C.A., § 62-1804; Acts 1983, ch. 257, § 1.
Tenn. Code Ann. § 62-4-129 — TN Code / Title 62 / Chapter 4 / Section 62-4-129
Penalties - Jurisdiction
Status: in_force

(a) A violation of this part or of any rules promulgated under this part is a Class B misdemeanor. (b) In addition to the powers and duties otherwise conferred upon the board, it is empowered to petition any circuit or chancery court having jurisdiction of any person in this state who is violating this part and chapter 3 of this title, either with or without a license under this part and chapter 3 of this title, to enjoin that person from continuing to violate such part or chapter. Jurisdiction is conferred upon the circuit and chancery courts of this state to hear and determine such causes. Amended by 2024 Tenn. Acts, ch. 1060,s 27, eff. 7/1/2024. Amended by 2014 Tenn. Acts, ch. 964,s 11, eff. 7/1/2014. Acts 1986, ch. 817, § 29; 1989, ch. 591, § 112.
(a) A violation of this part or of any rules promulgated under this part is a Class B misdemeanor.
(b) In addition to the powers and duties otherwise conferred upon the board, it is empowered to petition any circuit or chancery court having jurisdiction of any person in this state who is violating this part and chapter 3 of this title, either with or without a license under this part and chapter 3 of this title, to enjoin that person from continuing to violate such part or chapter. Jurisdiction is conferred upon the circuit and chancery courts of this state to hear and determine such causes.
Amended by 2024 Tenn. Acts, ch. 1060,s 27, eff. 7/1/2024.
Amended by 2014 Tenn. Acts, ch. 964,s 11, eff. 7/1/2014.
Acts 1986, ch. 817, § 29; 1989, ch. 591, § 112.
Tenn. Code Ann. § 62-39-425 — TN Code / Title 62 / Chapter 39 / Section 62-39-425
Grounds for censure, suspension or revocation of registration
Status: in_force

The commission may censure an appraisal management company, conditionally or unconditionally suspend or revoke any registration issued under this part or impose administrative fines not to exceed the maximum allowable amount defined by the state of Tennessee, if an appraisal management company is: (1) Knowingly committing any act in violation of this part; (2) Violating any rule or regulation adopted by the commission; or (3) Procuring a license by fraud, misrepresentation, or deceit. Acts 2010 , ch. 963, § 26.
The commission may censure an appraisal management company, conditionally or unconditionally suspend or revoke any registration issued under this part or impose administrative fines not to exceed the maximum allowable amount defined by the state of Tennessee, if an appraisal management company is:
(1) Knowingly committing any act in violation of this part;
(2) Violating any rule or regulation adopted by the commission; or
(3) Procuring a license by fraud, misrepresentation, or deceit.
Acts 2010 , ch. 963, § 26.
Tenn. Code Ann. § 62-6-113 — TN Code / Title 62 / Chapter 6 / Section 62-6-113
Issuance of duplicate certificate
Status: in_force

A duplicate license certificate to replace any certificate lost, destroyed or mutilated may be issued subject to the rules and regulations of the board. Acts 1976, ch. 822, § 14; T.C.A., § 62-614.
A duplicate license certificate to replace any certificate lost, destroyed or mutilated may be issued subject to the rules and regulations of the board.
Acts 1976, ch. 822, § 14; T.C.A., § 62-614.
Tenn. Code Ann. § 62-39-335 — TN Code / Title 62 / Chapter 39 / Section 62-39-335
Minimum requirements
Status: in_force

It is the legislative intent that this chapter shall not require an applicant to have more than the minimum hourly requirements of education and experience in order to qualify for full licensure or certification. The minimum requirements are those requirements set forth by the appraisal foundation. The Tennessee real estate appraisal commission has the authority to adjust hourly education and experience requirements in order to meet the minimum federal standards. Acts 1990, ch. 865, § 47.
It is the legislative intent that this chapter shall not require an applicant to have more than the minimum hourly requirements of education and experience in order to qualify for full licensure or certification. The minimum requirements are those requirements set forth by the appraisal foundation. The Tennessee real estate appraisal commission has the authority to adjust hourly education and experience requirements in order to meet the minimum federal standards.
Acts 1990, ch. 865, § 47.
Tenn. Code Ann. § 62-27-126 — TN Code / Title 62 / Chapter 27 / Section 62-27-126
Recording of examinations
Status: in_force

(a) If prior to the commencement of the examination the examinee requests in writing that the examination be taped, an audio tape recording of the entire examination including pretest interviews shall be made. In the event that a test result shows that the examinee has been deceptive and the examinee has requested in writing that the examination be taped, the polygraph examiner shall keep the tape recording on file with other test results for a one-year period. The polygraph examiner shall inform the examinee that the tape recording and test results will be available to the examinee for inspection or copying during the one-year period. (b) Failure to tape record a preemployment examination pursuant to subsection (a) constitutes separate acts of examiner misconduct, which may result in revocation or suspension of the examiner's license by the commissioner. (c) The commissioner may, in the commissioner's own discretion, and shall, upon the verified complaint in writing of any person setting forth a cause of action under this section, investigate and ascertain the facts and, if warranted, hold a hearing for reprimand or for the suspension or revocation of a license. (d) Complaints of alleged violations shall be filed in writing with the commissioner in a manner to be prescribed by the commissioner, and the commissioner shall prescribe the manner in which complaints shall be investigated. (e) All hearings shall be conducted pursuant to the requirements of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (f) If a polygraph examiner is found guilty of any violation of this section, the commissioner shall impose penalties and fines for the violations, including, but not limited to: (1) For a first violation, six (6) months' suspension of the examiner's license and a five hundred dollar ($500) fine upon reapplication for a license. Section 62-27-115(b)(2) is applicable to reapplication; (2) For a second violation, one-year suspension of the examiner's license and a one thousand dollar ($1,000) fine upon reapplication for a license. Section 62-27-115(b)(2) is applicable to reapplication; and (3) For a third violation, permanent suspension of the examiner's license and a fine of two thousand five hundred dollars ($2,500). Amended by 2021 Tenn. Acts, ch. 294, s 18, eff. 7/1/2021. Acts 1986, ch. 739, § 11; 1999, ch. 252, § 4.
(a) If prior to the commencement of the examination the examinee requests in writing that the examination be taped, an audio tape recording of the entire examination including pretest interviews shall be made. In the event that a test result shows that the examinee has been deceptive and the examinee has requested in writing that the examination be taped, the polygraph examiner shall keep the tape recording on file with other test results for a one-year period. The polygraph examiner shall inform the examinee that the tape recording and test results will be available to the examinee for inspection or copying during the one-year period.
(b) Failure to tape record a preemployment examination pursuant to subsection (a) constitutes separate acts of examiner misconduct, which may result in revocation or suspension of the examiner's license by the commissioner.
(c) The commissioner may, in the commissioner's own discretion, and shall, upon the verified complaint in writing of any person setting forth a cause of action under this section, investigate and ascertain the facts and, if warranted, hold a hearing for reprimand or for the suspension or revocation of a license.
(d) Complaints of alleged violations shall be filed in writing with the commissioner in a manner to be prescribed by the commissioner, and the commissioner shall prescribe the manner in which complaints shall be investigated.
(e) All hearings shall be conducted pursuant to the requirements of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(f) If a polygraph examiner is found guilty of any violation of this section, the commissioner shall impose penalties and fines for the violations, including, but not limited to: (1) For a first violation, six (6) months' suspension of the examiner's license and a five hundred dollar ($500) fine upon reapplication for a license. Section 62-27-115(b)(2) is applicable to reapplication; (2) For a second violation, one-year suspension of the examiner's license and a one thousand dollar ($1,000) fine upon reapplication for a license. Section 62-27-115(b)(2) is applicable to reapplication; and (3) For a third violation, permanent suspension of the examiner's license and a fine of two thousand five hundred dollars ($2,500).
(1) For a first violation, six (6) months' suspension of the examiner's license and a five hundred dollar ($500) fine upon reapplication for a license. Section 62-27-115(b)(2) is applicable to reapplication;
(2) For a second violation, one-year suspension of the examiner's license and a one thousand dollar ($1,000) fine upon reapplication for a license. Section 62-27-115(b)(2) is applicable to reapplication; and
(3) For a third violation, permanent suspension of the examiner's license and a fine of two thousand five hundred dollars ($2,500).
Amended by 2021 Tenn. Acts, ch. 294, s 18, eff. 7/1/2021.
Acts 1986, ch. 739, § 11; 1999, ch. 252, § 4.
Tenn. Code Ann. § 62-1-116 — TN Code / Title 62 / Chapter 1 / Section 62-1-116
Confidential information
Status: in_force

(a) Licensees shall not divulge, nor shall they in any manner be required to divulge, any information that is communicated to them or obtained by them by the reason of the confidential nature of their employment. The information shall be deemed confidential; provided, however, that nothing in this subsection (a) shall be construed as prohibiting the disclosure of information required to be disclosed by the standards of the public accounting profession in reporting on the examination of financial statements or as prohibiting disclosures in investigations or proceedings under this chapter, in ethical investigations conducted by private professional organizations or in the course of peer reviews, or to other persons active in the organization performing services for that client on a need to know basis or to persons in the entity who need this information for the sole purpose of assuring quality control. Disclosure of confidential information pursuant to this subsection (a) shall not constitute a waiver of the confidential nature of the information for any other purpose. (b) Information derived as a result of such professional employment is deemed to be confidential, except that nothing in this chapter shall be construed as modifying, changing or affecting the criminal or bankruptcy laws of this state or of the United States. Acts 1980, ch. 518, § 16; 1998, ch. 700, § 8; 1999, ch. 65, §§ 7, 8, 9.
(a) Licensees shall not divulge, nor shall they in any manner be required to divulge, any information that is communicated to them or obtained by them by the reason of the confidential nature of their employment. The information shall be deemed confidential; provided, however, that nothing in this subsection (a) shall be construed as prohibiting the disclosure of information required to be disclosed by the standards of the public accounting profession in reporting on the examination of financial statements or as prohibiting disclosures in investigations or proceedings under this chapter, in ethical investigations conducted by private professional organizations or in the course of peer reviews, or to other persons active in the organization performing services for that client on a need to know basis or to persons in the entity who need this information for the sole purpose of assuring quality control. Disclosure of confidential information pursuant to this subsection (a) shall not constitute a waiver of the confidential nature of the information for any other purpose.
(b) Information derived as a result of such professional employment is deemed to be confidential, except that nothing in this chapter shall be construed as modifying, changing or affecting the criminal or bankruptcy laws of this state or of the United States.
Acts 1980, ch. 518, § 16; 1998, ch. 700, § 8; 1999, ch. 65, §§ 7, 8, 9.
Tenn. Code Ann. § 62-39-320 — TN Code / Title 62 / Chapter 39 / Section 62-39-320
Roster of licensed appraisers
Status: in_force

The commission shall prepare and issue at least once each calendar year a roster showing the name and place of business of each real estate appraiser currently licensed and each real estate appraiser currently certified. Amended by 2021 Tenn. Acts, ch. 549, s 37, eff. 10/1/2021. Acts 1990, ch. 865, § 29.
The commission shall prepare and issue at least once each calendar year a roster showing the name and place of business of each real estate appraiser currently licensed and each real estate appraiser currently certified.
Amended by 2021 Tenn. Acts, ch. 549, s 37, eff. 10/1/2021.
Acts 1990, ch. 865, § 29.
Tenn. Code Ann. § 62-6-506 — TN Code / Title 62 / Chapter 6 / Section 62-6-506
Application procedure for licensing - Temporary licenses - Expiration
Status: in_force

(a) An application for an original license required by this part shall be in writing on a form prescribed by the board. The board may seek from an applicant information pertinent to the applicant's character, experience, financial stability and other information deemed necessary in order to evaluate the applicant's qualifications to be licensed pursuant to this part. (b) The applicant shall file with the board information that includes, but is not limited to: (1) A complete statement of the general nature of the applicant's home improvement contracting business or the applicant's duties; (2) If the applicant is: (i) An individual, the applicant's name and address; (ii) A partnership, the names and addresses of all partners; (iii) A joint venture, the names and addresses of the parties to it; or (iv) A corporation, the names and addresses of all officers; (3) A record of the previous experience of the applicant in the field of home improvements or other construction work, including dates and addresses where the applicant has resided and done business; (4) Whether the applicant has ever been licensed in this state or any other state or has had a professional or a vocational license refused, suspended or revoked; (5) Evidence of worker's compensation coverage pursuant to title 50, chapter 6 and evidence of general liability insurance, including the amount of the coverage, or submission to the board of a copy of the applicant's insurance policies or certificates of insurance issued by the carrier or self-insurer to the applicant indicating the date and duration of the coverage. Evidence of insurance coverage pursuant to this subdivision (b)(5) also shall be required to be submitted for renewal of licensure; (6) Whether, in the five (5) years prior to the date of application, the applicant had any judgment rendered against the applicant in actions arising out of the field of home improvements or other construction work; (7) Whether the applicant presently has outstanding judgments against the applicant in actions arising out of the field of home improvements or other construction work; and (8) Whether the applicant is involved in pending litigation arising out of the field of home improvements or other construction work. (c) The board shall prescribe and furnish appropriate forms in connection with the issuance, renewal or termination of licenses. (d) Temporary licenses may be issued in accordance with rules or regulations adopted by the board to any applicant for a license who files an application in proper form and pays all required fees. A temporary license shall automatically expire at the time the board either refuses to issue or grants a license and shall be subject to termination at any time prior to action by the board. (e) Unless revoked or suspended by the board, a license shall expire the last day of the twenty-fourth month from issuance and may be renewed upon payment of all required fees and upon completion of a statement indicating all material changes from the original application for a license. (f) Every licensee, within thirty (30) days after change of control in ownership, management or a change of address or trade name, shall notify the board of the change. (g) The board, at any time, may require: (1) Reasonable information of an applicant or licensee; and (2) The production of books and accounts and financial statements. (h) An applicant for a home improvement contractor's license shall file with the board a surety bond or an irrevocable letter of credit in the amount of ten thousand dollars ($10,000) for the benefit of any person who is damaged because of the breach of the home improvement contract. Any person so damaged may sue directly on the bond without assignment thereof. The bond may not be construed to require any surety to be responsible for the completion of a home improvement contract entered into by the principal on the bond. The liability of the surety under any bond may not exceed in the aggregate the amount of the bond. If the bond ceases to be in effect, the home improvement contractor's license shall become invalid. Amended by 2017 Tenn. Acts, ch. 226,s 5, eff. 7/1/2017. Acts 2007, ch. 130, § 2; 2007, ch. 460, § 2.
(a) An application for an original license required by this part shall be in writing on a form prescribed by the board. The board may seek from an applicant information pertinent to the applicant's character, experience, financial stability and other information deemed necessary in order to evaluate the applicant's qualifications to be licensed pursuant to this part.
(b) The applicant shall file with the board information that includes, but is not limited to: (1) A complete statement of the general nature of the applicant's home improvement contracting business or the applicant's duties; (2) If the applicant is: (i) An individual, the applicant's name and address; (ii) A partnership, the names and addresses of all partners; (iii) A joint venture, the names and addresses of the parties to it; or (iv) A corporation, the names and addresses of all officers; (3) A record of the previous experience of the applicant in the field of home improvements or other construction work, including dates and addresses where the applicant has resided and done business; (4) Whether the applicant has ever been licensed in this state or any other state or has had a professional or a vocational license refused, suspended or revoked; (5) Evidence of worker's compensation coverage pursuant to title 50, chapter 6 and evidence of general liability insurance, including the amount of the coverage, or submission to the board of a copy of the applicant's insurance policies or certificates of insurance issued by the carrier or self-insurer to the applicant indicating the date and duration of the coverage. Evidence of insurance coverage pursuant to this subdivision (b)(5) also shall be required to be submitted for renewal of licensure; (6) Whether, in the five (5) years prior to the date of application, the applicant had any judgment rendered against the applicant in actions arising out of the field of home improvements or other construction work; (7) Whether the applicant presently has outstanding judgments against the applicant in actions arising out of the field of home improvements or other construction work; and (8) Whether the applicant is involved in pending litigation arising out of the field of home improvements or other construction work.
(1) A complete statement of the general nature of the applicant's home improvement contracting business or the applicant's duties;
(2) If the applicant is: (i) An individual, the applicant's name and address; (ii) A partnership, the names and addresses of all partners; (iii) A joint venture, the names and addresses of the parties to it; or (iv) A corporation, the names and addresses of all officers;
(i) An individual, the applicant's name and address;
(ii) A partnership, the names and addresses of all partners;
(iii) A joint venture, the names and addresses of the parties to it; or
(iv) A corporation, the names and addresses of all officers;
(3) A record of the previous experience of the applicant in the field of home improvements or other construction work, including dates and addresses where the applicant has resided and done business;
(4) Whether the applicant has ever been licensed in this state or any other state or has had a professional or a vocational license refused, suspended or revoked;
(5) Evidence of worker's compensation coverage pursuant to title 50, chapter 6 and evidence of general liability insurance, including the amount of the coverage, or submission to the board of a copy of the applicant's insurance policies or certificates of insurance issued by the carrier or self-insurer to the applicant indicating the date and duration of the coverage. Evidence of insurance coverage pursuant to this subdivision (b)(5) also shall be required to be submitted for renewal of licensure;
(6) Whether, in the five (5) years prior to the date of application, the applicant had any judgment rendered against the applicant in actions arising out of the field of home improvements or other construction work;
(7) Whether the applicant presently has outstanding judgments against the applicant in actions arising out of the field of home improvements or other construction work; and
(8) Whether the applicant is involved in pending litigation arising out of the field of home improvements or other construction work.
(c) The board shall prescribe and furnish appropriate forms in connection with the issuance, renewal or termination of licenses.
(d) Temporary licenses may be issued in accordance with rules or regulations adopted by the board to any applicant for a license who files an application in proper form and pays all required fees. A temporary license shall automatically expire at the time the board either refuses to issue or grants a license and shall be subject to termination at any time prior to action by the board.
(e) Unless revoked or suspended by the board, a license shall expire the last day of the twenty-fourth month from issuance and may be renewed upon payment of all required fees and upon completion of a statement indicating all material changes from the original application for a license.
(f) Every licensee, within thirty (30) days after change of control in ownership, management or a change of address or trade name, shall notify the board of the change.
(g) The board, at any time, may require: (1) Reasonable information of an applicant or licensee; and (2) The production of books and accounts and financial statements.
(1) Reasonable information of an applicant or licensee; and
(2) The production of books and accounts and financial statements.
(h) An applicant for a home improvement contractor's license shall file with the board a surety bond or an irrevocable letter of credit in the amount of ten thousand dollars ($10,000) for the benefit of any person who is damaged because of the breach of the home improvement contract. Any person so damaged may sue directly on the bond without assignment thereof. The bond may not be construed to require any surety to be responsible for the completion of a home improvement contract entered into by the principal on the bond. The liability of the surety under any bond may not exceed in the aggregate the amount of the bond. If the bond ceases to be in effect, the home improvement contractor's license shall become invalid.
Amended by 2017 Tenn. Acts, ch. 226,s 5, eff. 7/1/2017.
Acts 2007, ch. 130, § 2; 2007, ch. 460, § 2.