Tenn. Code Ann. § 62-43-106 — TN Code / Title 62 / Chapter 43 / Section 62-43-106
Registration
Status: in_force

(a) (1) No person shall provide, advertise or otherwise hold itself out as providing professional employer services in this state unless such person is registered under this chapter. (2) The department shall register an applicant meeting the requirements of this chapter. (3) (A) If the department denies registration to an applicant, the department shall provide written notice that includes the reasons for the denial. The applicant shall have sixty (60) days from the date the notice was sent to: (i) Submit proof to the department that the reasons for the denial have been cured; or (ii) Request, in writing, reconsideration from the commissioner. (B) The department shall provide written notice of its determination after considering the applicant's submission or request under subdivisions (a)(3)(A)(i) or (a)(3)(A)(ii) within thirty (30) days of receiving a submission or request. (C) (i) After submission of a written request for consideration, an initial applicant shall have the right to appear before the commissioner or the commissioner's designee to present the applicant's request for reconsideration. If an applicant wishes to appear before the commissioner or the commissioner's designee to present their request for reconsideration, then the department shall provide written notice of its determination within thirty (30) days after such appearance; provided, that it is the commissioner's decision as to whether or not the defect or defects have been cured and whether or not to issue the registration. (ii) An applicant who is not an initial applicant may request a hearing pursuant to § 4-5-320 before the commissioner makes a final determination to deny a renewal registration. (4) Registration under this chapter shall remain in force for two (2) years from the date of issuance of registration. (b) Each applicant for initial registration under this chapter shall submit to the department the following: (1) Any name under which the applicant conducts business; (2) The address of the principal place of business of the applicant and of each office it maintains in this state; (3) The applicant's taxpayer or employer identification number; (4) A list by state of each name under which the applicant has operated in the preceding five (5) years, including any alternative names, names of predecessors and, if known, successor business entities; (5) A statement of ownership, which shall include the name, address and principal occupation of any person that, individually or acting in concert with one (1) or more other persons, owns or controls, directly or indirectly: (A) Twenty percent (20%) or more of the equity interests of the applicant who is a publicly traded entity; or (B) Ten percent (10%) or more of the equity interest of the applicant who is not a publicly traded entity; (6) A statement of management, which shall include the name, address and principal occupation of any person who serves as president, chief executive officer or otherwise has the authority to act as a senior executive officer of the applicant; (7) If the applicant or a person listed in subdivisions (b)(5) or (6) has in any jurisdiction: (A) Been convicted of or entered a plea of nolo contendere to a crime relating to the operation of a professional employer organization; (B) Been disciplined relating to the operation of a professional employer organization; (C) Been convicted of or entered a plea of nolo contendere to an offense relating to bribery, dishonesty or fraud; (D) Been convicted of or entered a plea of nolo contendere to any felony. However, an action taken under this subdivision (b)(7)(D) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title; or (E) Been found liable for civil fraud; (8) A financial statement setting forth the financial condition of the applicant; provided, that: (A) The applicant shall submit the most recent audit of the applicant with its initial application; (B) No financial statement submitted with the initial application shall be older than thirteen (13) months from the date of the report of the auditor; (C) Within one hundred eighty (180) days of the close of an applicant's fiscal year, the applicant shall submit its most recent financial statement; provided, that an applicant may apply to the department for additional time to submit its financial statements, and such a request shall be accompanied by a letter from the auditors stating the reasons for the delay and the anticipated audit completion date; (D) Financial statements submitted pursuant to this subdivision (b)(8) shall be prepared in accordance with generally accepted accounting principles and audited by an independent certified public accountant licensed to practice in the jurisdiction in which such accountant is located; provided, that no resulting report of the auditor shall include: (i) A qualification or disclaimer of opinion as to adherence to generally accepted accounting principles; or (ii) A statement expressing substantial doubt about the ability of the applicant to continue as a going concern; (E) An applicant may submit combined or consolidated audited financial statements to meet the requirements of this section; (F) Notwithstanding subdivision (b)(8)(D)(i): (i) An applicant that has not had sufficient operating history to have financial statements based upon at least twelve (12) months of operating history shall meet the financial capacity requirements in subsection (c) and submit financial statements reviewed by an independent certified public accountant; and (ii) If an applicant is a subsidiary or is related to a variable interest entity, then the applicant may submit financial statements of the professional employer organization, professional employer organization group or the controlling organization; (G) (i) In lieu of audited financial statements required by this subdivision (b)(8), an applicant or registrant with small operations may submit financial statements compiled by an independent certified public accountant; (ii) The department shall consider an applicant or registrant a professional employer organization with small operations if the applicant or registrant submits to the department: (a) A request to be deemed a PEO with small operations on a form prescribed by the department; and (b) The most recent fourth quarter federal Form 941 of the applicant or registrant and any related person that offers professional employer services; provided, the aggregate annualized wages shall be less than fifty million dollars ($50,000,000); (iii) The form required in subdivision (b)(8)(G)(ii) shall be submitted to the department in any year the applicant or registrant seeks to be considered a professional employer organization with small operations; (iv) In any year that an applicant or registrant with small operations does not meet the requirements to maintain such status, that applicant or registrant shall have six (6) months from the close of the current fiscal year of the applicant or registrant to either: (a) Meet the requirements of this subdivision (b)(8)(G); or (b) Submit audited financial statements; (9) Evidence of workers' compensation coverage for covered employees in this state who are subject to the Tennessee Workers' Compensation Law, compiled in title 50, chapter 6 and as amended; and (10) A written statement in regards to whether the applicant sponsors a self-insured health plan. (c) Except as provided by subdivision (b)(8)(F)(i) and subsection (f), an applicant shall maintain either: (1) Positive working capital at registration as reflected in the financial statements submitted to the department under subdivision (b)(8); or (2) An applicant that does not have positive working capital may provide a bond, irrevocable letter of credit or securities with a minimum market value equaling the deficiency plus one hundred thousand dollars ($100,000) to the department; provided, that such instruments are to be held by an institution designated by the department, securing payment by the applicant of all taxes, wages, benefits or other entitlements due to or with respect to covered employees if the applicant does not make such payments when due. (d) (1) No later than one hundred eighty (180) days after the applicant's fiscal year that is the second year of its current registration, the applicant may renew its registration by: (A) Notifying the department of any changes in the information submitted under subsection (b); and (B) Submitting the financial statement required under subdivision (b)(8) or the alternatives under subdivision (b)(8)(G) or subsection (c), as applicable. (2) An applicant's existing registration shall remain in effect during the pendency of a renewal application. (e) An applicant who is a professional employer organization group may satisfy the requirements in this section on a combined or consolidated basis; provided, that each member of the professional employer organization group guarantees the financial capacity obligations under this chapter of each other member of the professional employer organization group. In the case of a professional employer organization group that submits a combined or consolidated audited financial statement including entities that are not professional employer organizations or that are not in the professional employer organization group, the controlling entity of the professional employer organization group under the consolidated or combined statement shall guarantee the obligations of the professional employer organizations in the professional employer organization group. (f) (1) An applicant is eligible for a limited registration under this chapter if such applicant: (A) Submits a request for limited registration to the department; (B) Is domiciled outside this state and is licensed or registered as a professional employer organization in another state; (C) Does not maintain an office in this state or directly solicits clients located or domiciled within this state; and (D) Does not have more than fifty (50) covered employees employed or domiciled in this state. (2) Limited registration is valid for two (2) years and may be renewed. (3) An applicant seeking limited registration under this subsection (f) shall provide the department with information and documentation necessary to show that the applicant qualifies for a limited registration. (4) Subdivision (b)(8) and subsection (c) shall not apply to applicants for limited registration. (g) Notwithstanding § 62-43-104 , the department shall maintain a list of registrants that is readily available to the public by electronic or other means. (h) (1) The department shall to the extent practical, permit the acceptance of electronic filings in conformance with the Uniform Electronic Transactions Act, compiled in title 47, chapter 10 and as amended, including applications, documents, reports and other filings required by this chapter. (2) The department may provide for the acceptance of electronic filings and other assurance by an independent and qualified assurance organization approved by the department that provides satisfactory assurance of compliance acceptable to the department consistent with or in lieu of the requirements in subsections (b) and (c), and other requirements of this chapter or the rules promulgated pursuant to it. (3) The department may permit an applicant to authorize such an approved assurance organization to act on the applicant's behalf in complying with the registration requirements of this chapter, including electronic filings of information and payment of registration fees; provided, that use of such an approved assurance organization shall be optional and not mandatory for an applicant. (4) Nothing in this subsection (h) shall limit or change the department's authority to register or terminate registration of a registrant or applicant or to investigate or enforce this chapter. (i) A registrant shall: (1) Submit to the department, within ninety (90) days of the end of each calendar quarter, a statement by an independent certified public accountant or independent public accountant that for the quarter all applicable payroll taxes have been paid on a timely basis. Upon a showing of reasonable cause, one (1) thirty-day extension per quarter shall be granted by the department; (2) Maintain and make available for the department's inspection any and all records concerning the registrant's conduct of business under its registration, which records shall be maintained for a period of three (3) years after termination of the professional employer agreement; (3) Notify the department in writing of a change in the information submitted under subdivisions (b)(1)-(7) within thirty (30) days of such change; (4) Post the registration issued under this chapter in a conspicuous place in the principal place of business and display in clear public view in each registrant's office in this state a notice stating that the professional employer organization is licensed and regulated by the department and that any questions or complaints should be directed to the department; and (5) Submit a written response to a written inquiry from the department within thirty (30) days of receiving the inquiry. Amended by 2018 Tenn. Acts, ch. 745, s 21, eff. 7/1/2018. Acts 2012, ch. 1081, § 1.
(a) (1) No person shall provide, advertise or otherwise hold itself out as providing professional employer services in this state unless such person is registered under this chapter. (2) The department shall register an applicant meeting the requirements of this chapter. (3) (A) If the department denies registration to an applicant, the department shall provide written notice that includes the reasons for the denial. The applicant shall have sixty (60) days from the date the notice was sent to: (i) Submit proof to the department that the reasons for the denial have been cured; or (ii) Request, in writing, reconsideration from the commissioner. (B) The department shall provide written notice of its determination after considering the applicant's submission or request under subdivisions (a)(3)(A)(i) or (a)(3)(A)(ii) within thirty (30) days of receiving a submission or request. (C) (i) After submission of a written request for consideration, an initial applicant shall have the right to appear before the commissioner or the commissioner's designee to present the applicant's request for reconsideration. If an applicant wishes to appear before the commissioner or the commissioner's designee to present their request for reconsideration, then the department shall provide written notice of its determination within thirty (30) days after such appearance; provided, that it is the commissioner's decision as to whether or not the defect or defects have been cured and whether or not to issue the registration. (ii) An applicant who is not an initial applicant may request a hearing pursuant to § 4-5-320 before the commissioner makes a final determination to deny a renewal registration. (4) Registration under this chapter shall remain in force for two (2) years from the date of issuance of registration.
(1) No person shall provide, advertise or otherwise hold itself out as providing professional employer services in this state unless such person is registered under this chapter.
(2) The department shall register an applicant meeting the requirements of this chapter.
(3) (A) If the department denies registration to an applicant, the department shall provide written notice that includes the reasons for the denial. The applicant shall have sixty (60) days from the date the notice was sent to: (i) Submit proof to the department that the reasons for the denial have been cured; or (ii) Request, in writing, reconsideration from the commissioner. (B) The department shall provide written notice of its determination after considering the applicant's submission or request under subdivisions (a)(3)(A)(i) or (a)(3)(A)(ii) within thirty (30) days of receiving a submission or request. (C) (i) After submission of a written request for consideration, an initial applicant shall have the right to appear before the commissioner or the commissioner's designee to present the applicant's request for reconsideration. If an applicant wishes to appear before the commissioner or the commissioner's designee to present their request for reconsideration, then the department shall provide written notice of its determination within thirty (30) days after such appearance; provided, that it is the commissioner's decision as to whether or not the defect or defects have been cured and whether or not to issue the registration. (ii) An applicant who is not an initial applicant may request a hearing pursuant to § 4-5-320 before the commissioner makes a final determination to deny a renewal registration.
(A) If the department denies registration to an applicant, the department shall provide written notice that includes the reasons for the denial. The applicant shall have sixty (60) days from the date the notice was sent to: (i) Submit proof to the department that the reasons for the denial have been cured; or (ii) Request, in writing, reconsideration from the commissioner.
(i) Submit proof to the department that the reasons for the denial have been cured; or
(ii) Request, in writing, reconsideration from the commissioner.
(B) The department shall provide written notice of its determination after considering the applicant's submission or request under subdivisions (a)(3)(A)(i) or (a)(3)(A)(ii) within thirty (30) days of receiving a submission or request.
(C) (i) After submission of a written request for consideration, an initial applicant shall have the right to appear before the commissioner or the commissioner's designee to present the applicant's request for reconsideration. If an applicant wishes to appear before the commissioner or the commissioner's designee to present their request for reconsideration, then the department shall provide written notice of its determination within thirty (30) days after such appearance; provided, that it is the commissioner's decision as to whether or not the defect or defects have been cured and whether or not to issue the registration. (ii) An applicant who is not an initial applicant may request a hearing pursuant to § 4-5-320 before the commissioner makes a final determination to deny a renewal registration.
(i) After submission of a written request for consideration, an initial applicant shall have the right to appear before the commissioner or the commissioner's designee to present the applicant's request for reconsideration. If an applicant wishes to appear before the commissioner or the commissioner's designee to present their request for reconsideration, then the department shall provide written notice of its determination within thirty (30) days after such appearance; provided, that it is the commissioner's decision as to whether or not the defect or defects have been cured and whether or not to issue the registration.
(ii) An applicant who is not an initial applicant may request a hearing pursuant to § 4-5-320 before the commissioner makes a final determination to deny a renewal registration.
(4) Registration under this chapter shall remain in force for two (2) years from the date of issuance of registration.
(b) Each applicant for initial registration under this chapter shall submit to the department the following: (1) Any name under which the applicant conducts business; (2) The address of the principal place of business of the applicant and of each office it maintains in this state; (3) The applicant's taxpayer or employer identification number; (4) A list by state of each name under which the applicant has operated in the preceding five (5) years, including any alternative names, names of predecessors and, if known, successor business entities; (5) A statement of ownership, which shall include the name, address and principal occupation of any person that, individually or acting in concert with one (1) or more other persons, owns or controls, directly or indirectly: (A) Twenty percent (20%) or more of the equity interests of the applicant who is a publicly traded entity; or (B) Ten percent (10%) or more of the equity interest of the applicant who is not a publicly traded entity; (6) A statement of management, which shall include the name, address and principal occupation of any person who serves as president, chief executive officer or otherwise has the authority to act as a senior executive officer of the applicant; (7) If the applicant or a person listed in subdivisions (b)(5) or (6) has in any jurisdiction: (A) Been convicted of or entered a plea of nolo contendere to a crime relating to the operation of a professional employer organization; (B) Been disciplined relating to the operation of a professional employer organization; (C) Been convicted of or entered a plea of nolo contendere to an offense relating to bribery, dishonesty or fraud; (D) Been convicted of or entered a plea of nolo contendere to any felony. However, an action taken under this subdivision (b)(7)(D) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title; or (E) Been found liable for civil fraud; (8) A financial statement setting forth the financial condition of the applicant; provided, that: (A) The applicant shall submit the most recent audit of the applicant with its initial application; (B) No financial statement submitted with the initial application shall be older than thirteen (13) months from the date of the report of the auditor; (C) Within one hundred eighty (180) days of the close of an applicant's fiscal year, the applicant shall submit its most recent financial statement; provided, that an applicant may apply to the department for additional time to submit its financial statements, and such a request shall be accompanied by a letter from the auditors stating the reasons for the delay and the anticipated audit completion date; (D) Financial statements submitted pursuant to this subdivision (b)(8) shall be prepared in accordance with generally accepted accounting principles and audited by an independent certified public accountant licensed to practice in the jurisdiction in which such accountant is located; provided, that no resulting report of the auditor shall include: (i) A qualification or disclaimer of opinion as to adherence to generally accepted accounting principles; or (ii) A statement expressing substantial doubt about the ability of the applicant to continue as a going concern; (E) An applicant may submit combined or consolidated audited financial statements to meet the requirements of this section; (F) Notwithstanding subdivision (b)(8)(D)(i): (i) An applicant that has not had sufficient operating history to have financial statements based upon at least twelve (12) months of operating history shall meet the financial capacity requirements in subsection (c) and submit financial statements reviewed by an independent certified public accountant; and (ii) If an applicant is a subsidiary or is related to a variable interest entity, then the applicant may submit financial statements of the professional employer organization, professional employer organization group or the controlling organization; (G) (i) In lieu of audited financial statements required by this subdivision (b)(8), an applicant or registrant with small operations may submit financial statements compiled by an independent certified public accountant; (ii) The department shall consider an applicant or registrant a professional employer organization with small operations if the applicant or registrant submits to the department: (a) A request to be deemed a PEO with small operations on a form prescribed by the department; and (b) The most recent fourth quarter federal Form 941 of the applicant or registrant and any related person that offers professional employer services; provided, the aggregate annualized wages shall be less than fifty million dollars ($50,000,000); (iii) The form required in subdivision (b)(8)(G)(ii) shall be submitted to the department in any year the applicant or registrant seeks to be considered a professional employer organization with small operations; (iv) In any year that an applicant or registrant with small operations does not meet the requirements to maintain such status, that applicant or registrant shall have six (6) months from the close of the current fiscal year of the applicant or registrant to either: (a) Meet the requirements of this subdivision (b)(8)(G); or (b) Submit audited financial statements; (9) Evidence of workers' compensation coverage for covered employees in this state who are subject to the Tennessee Workers' Compensation Law, compiled in title 50, chapter 6 and as amended; and (10) A written statement in regards to whether the applicant sponsors a self-insured health plan.
(1) Any name under which the applicant conducts business;
(2) The address of the principal place of business of the applicant and of each office it maintains in this state;
(3) The applicant's taxpayer or employer identification number;
(4) A list by state of each name under which the applicant has operated in the preceding five (5) years, including any alternative names, names of predecessors and, if known, successor business entities;
(5) A statement of ownership, which shall include the name, address and principal occupation of any person that, individually or acting in concert with one (1) or more other persons, owns or controls, directly or indirectly: (A) Twenty percent (20%) or more of the equity interests of the applicant who is a publicly traded entity; or (B) Ten percent (10%) or more of the equity interest of the applicant who is not a publicly traded entity;
(A) Twenty percent (20%) or more of the equity interests of the applicant who is a publicly traded entity; or
(B) Ten percent (10%) or more of the equity interest of the applicant who is not a publicly traded entity;
(6) A statement of management, which shall include the name, address and principal occupation of any person who serves as president, chief executive officer or otherwise has the authority to act as a senior executive officer of the applicant;
(7) If the applicant or a person listed in subdivisions (b)(5) or (6) has in any jurisdiction: (A) Been convicted of or entered a plea of nolo contendere to a crime relating to the operation of a professional employer organization; (B) Been disciplined relating to the operation of a professional employer organization; (C) Been convicted of or entered a plea of nolo contendere to an offense relating to bribery, dishonesty or fraud; (D) Been convicted of or entered a plea of nolo contendere to any felony. However, an action taken under this subdivision (b)(7)(D) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title; or (E) Been found liable for civil fraud;
(A) Been convicted of or entered a plea of nolo contendere to a crime relating to the operation of a professional employer organization;
(B) Been disciplined relating to the operation of a professional employer organization;
(C) Been convicted of or entered a plea of nolo contendere to an offense relating to bribery, dishonesty or fraud;
(D) Been convicted of or entered a plea of nolo contendere to any felony. However, an action taken under this subdivision (b)(7)(D) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title; or
(E) Been found liable for civil fraud;
(8) A financial statement setting forth the financial condition of the applicant; provided, that: (A) The applicant shall submit the most recent audit of the applicant with its initial application; (B) No financial statement submitted with the initial application shall be older than thirteen (13) months from the date of the report of the auditor; (C) Within one hundred eighty (180) days of the close of an applicant's fiscal year, the applicant shall submit its most recent financial statement; provided, that an applicant may apply to the department for additional time to submit its financial statements, and such a request shall be accompanied by a letter from the auditors stating the reasons for the delay and the anticipated audit completion date; (D) Financial statements submitted pursuant to this subdivision (b)(8) shall be prepared in accordance with generally accepted accounting principles and audited by an independent certified public accountant licensed to practice in the jurisdiction in which such accountant is located; provided, that no resulting report of the auditor shall include: (i) A qualification or disclaimer of opinion as to adherence to generally accepted accounting principles; or (ii) A statement expressing substantial doubt about the ability of the applicant to continue as a going concern; (E) An applicant may submit combined or consolidated audited financial statements to meet the requirements of this section; (F) Notwithstanding subdivision (b)(8)(D)(i): (i) An applicant that has not had sufficient operating history to have financial statements based upon at least twelve (12) months of operating history shall meet the financial capacity requirements in subsection (c) and submit financial statements reviewed by an independent certified public accountant; and (ii) If an applicant is a subsidiary or is related to a variable interest entity, then the applicant may submit financial statements of the professional employer organization, professional employer organization group or the controlling organization; (G) (i) In lieu of audited financial statements required by this subdivision (b)(8), an applicant or registrant with small operations may submit financial statements compiled by an independent certified public accountant; (ii) The department shall consider an applicant or registrant a professional employer organization with small operations if the applicant or registrant submits to the department: (a) A request to be deemed a PEO with small operations on a form prescribed by the department; and (b) The most recent fourth quarter federal Form 941 of the applicant or registrant and any related person that offers professional employer services; provided, the aggregate annualized wages shall be less than fifty million dollars ($50,000,000); (iii) The form required in subdivision (b)(8)(G)(ii) shall be submitted to the department in any year the applicant or registrant seeks to be considered a professional employer organization with small operations; (iv) In any year that an applicant or registrant with small operations does not meet the requirements to maintain such status, that applicant or registrant shall have six (6) months from the close of the current fiscal year of the applicant or registrant to either: (a) Meet the requirements of this subdivision (b)(8)(G); or (b) Submit audited financial statements;
(A) The applicant shall submit the most recent audit of the applicant with its initial application;
(B) No financial statement submitted with the initial application shall be older than thirteen (13) months from the date of the report of the auditor;
(C) Within one hundred eighty (180) days of the close of an applicant's fiscal year, the applicant shall submit its most recent financial statement; provided, that an applicant may apply to the department for additional time to submit its financial statements, and such a request shall be accompanied by a letter from the auditors stating the reasons for the delay and the anticipated audit completion date;
(D) Financial statements submitted pursuant to this subdivision (b)(8) shall be prepared in accordance with generally accepted accounting principles and audited by an independent certified public accountant licensed to practice in the jurisdiction in which such accountant is located; provided, that no resulting report of the auditor shall include: (i) A qualification or disclaimer of opinion as to adherence to generally accepted accounting principles; or (ii) A statement expressing substantial doubt about the ability of the applicant to continue as a going concern;
(i) A qualification or disclaimer of opinion as to adherence to generally accepted accounting principles; or
(ii) A statement expressing substantial doubt about the ability of the applicant to continue as a going concern;
(E) An applicant may submit combined or consolidated audited financial statements to meet the requirements of this section;
(F) Notwithstanding subdivision (b)(8)(D)(i): (i) An applicant that has not had sufficient operating history to have financial statements based upon at least twelve (12) months of operating history shall meet the financial capacity requirements in subsection (c) and submit financial statements reviewed by an independent certified public accountant; and (ii) If an applicant is a subsidiary or is related to a variable interest entity, then the applicant may submit financial statements of the professional employer organization, professional employer organization group or the controlling organization;
(i) An applicant that has not had sufficient operating history to have financial statements based upon at least twelve (12) months of operating history shall meet the financial capacity requirements in subsection (c) and submit financial statements reviewed by an independent certified public accountant; and
(ii) If an applicant is a subsidiary or is related to a variable interest entity, then the applicant may submit financial statements of the professional employer organization, professional employer organization group or the controlling organization;
(G) (i) In lieu of audited financial statements required by this subdivision (b)(8), an applicant or registrant with small operations may submit financial statements compiled by an independent certified public accountant; (ii) The department shall consider an applicant or registrant a professional employer organization with small operations if the applicant or registrant submits to the department: (a) A request to be deemed a PEO with small operations on a form prescribed by the department; and (b) The most recent fourth quarter federal Form 941 of the applicant or registrant and any related person that offers professional employer services; provided, the aggregate annualized wages shall be less than fifty million dollars ($50,000,000); (iii) The form required in subdivision (b)(8)(G)(ii) shall be submitted to the department in any year the applicant or registrant seeks to be considered a professional employer organization with small operations; (iv) In any year that an applicant or registrant with small operations does not meet the requirements to maintain such status, that applicant or registrant shall have six (6) months from the close of the current fiscal year of the applicant or registrant to either: (a) Meet the requirements of this subdivision (b)(8)(G); or (b) Submit audited financial statements;
(i) In lieu of audited financial statements required by this subdivision (b)(8), an applicant or registrant with small operations may submit financial statements compiled by an independent certified public accountant;
(ii) The department shall consider an applicant or registrant a professional employer organization with small operations if the applicant or registrant submits to the department: (a) A request to be deemed a PEO with small operations on a form prescribed by the department; and (b) The most recent fourth quarter federal Form 941 of the applicant or registrant and any related person that offers professional employer services; provided, the aggregate annualized wages shall be less than fifty million dollars ($50,000,000);
(a) A request to be deemed a PEO with small operations on a form prescribed by the department; and
(b) The most recent fourth quarter federal Form 941 of the applicant or registrant and any related person that offers professional employer services; provided, the aggregate annualized wages shall be less than fifty million dollars ($50,000,000);
(iii) The form required in subdivision (b)(8)(G)(ii) shall be submitted to the department in any year the applicant or registrant seeks to be considered a professional employer organization with small operations;
(iv) In any year that an applicant or registrant with small operations does not meet the requirements to maintain such status, that applicant or registrant shall have six (6) months from the close of the current fiscal year of the applicant or registrant to either: (a) Meet the requirements of this subdivision (b)(8)(G); or (b) Submit audited financial statements;
(a) Meet the requirements of this subdivision (b)(8)(G); or
(b) Submit audited financial statements;
(9) Evidence of workers' compensation coverage for covered employees in this state who are subject to the Tennessee Workers' Compensation Law, compiled in title 50, chapter 6 and as amended; and
(10) A written statement in regards to whether the applicant sponsors a self-insured health plan.
(c) Except as provided by subdivision (b)(8)(F)(i) and subsection (f), an applicant shall maintain either: (1) Positive working capital at registration as reflected in the financial statements submitted to the department under subdivision (b)(8); or (2) An applicant that does not have positive working capital may provide a bond, irrevocable letter of credit or securities with a minimum market value equaling the deficiency plus one hundred thousand dollars ($100,000) to the department; provided, that such instruments are to be held by an institution designated by the department, securing payment by the applicant of all taxes, wages, benefits or other entitlements due to or with respect to covered employees if the applicant does not make such payments when due.
(1) Positive working capital at registration as reflected in the financial statements submitted to the department under subdivision (b)(8); or
(2) An applicant that does not have positive working capital may provide a bond, irrevocable letter of credit or securities with a minimum market value equaling the deficiency plus one hundred thousand dollars ($100,000) to the department; provided, that such instruments are to be held by an institution designated by the department, securing payment by the applicant of all taxes, wages, benefits or other entitlements due to or with respect to covered employees if the applicant does not make such payments when due.
(d) (1) No later than one hundred eighty (180) days after the applicant's fiscal year that is the second year of its current registration, the applicant may renew its registration by: (A) Notifying the department of any changes in the information submitted under subsection (b); and (B) Submitting the financial statement required under subdivision (b)(8) or the alternatives under subdivision (b)(8)(G) or subsection (c), as applicable. (2) An applicant's existing registration shall remain in effect during the pendency of a renewal application.
(1) No later than one hundred eighty (180) days after the applicant's fiscal year that is the second year of its current registration, the applicant may renew its registration by: (A) Notifying the department of any changes in the information submitted under subsection (b); and (B) Submitting the financial statement required under subdivision (b)(8) or the alternatives under subdivision (b)(8)(G) or subsection (c), as applicable.
(A) Notifying the department of any changes in the information submitted under subsection (b); and
(B) Submitting the financial statement required under subdivision (b)(8) or the alternatives under subdivision (b)(8)(G) or subsection (c), as applicable.
(2) An applicant's existing registration shall remain in effect during the pendency of a renewal application.
(e) An applicant who is a professional employer organization group may satisfy the requirements in this section on a combined or consolidated basis; provided, that each member of the professional employer organization group guarantees the financial capacity obligations under this chapter of each other member of the professional employer organization group. In the case of a professional employer organization group that submits a combined or consolidated audited financial statement including entities that are not professional employer organizations or that are not in the professional employer organization group, the controlling entity of the professional employer organization group under the consolidated or combined statement shall guarantee the obligations of the professional employer organizations in the professional employer organization group.
(f) (1) An applicant is eligible for a limited registration under this chapter if such applicant: (A) Submits a request for limited registration to the department; (B) Is domiciled outside this state and is licensed or registered as a professional employer organization in another state; (C) Does not maintain an office in this state or directly solicits clients located or domiciled within this state; and (D) Does not have more than fifty (50) covered employees employed or domiciled in this state. (2) Limited registration is valid for two (2) years and may be renewed. (3) An applicant seeking limited registration under this subsection (f) shall provide the department with information and documentation necessary to show that the applicant qualifies for a limited registration. (4) Subdivision (b)(8) and subsection (c) shall not apply to applicants for limited registration.
(1) An applicant is eligible for a limited registration under this chapter if such applicant: (A) Submits a request for limited registration to the department; (B) Is domiciled outside this state and is licensed or registered as a professional employer organization in another state; (C) Does not maintain an office in this state or directly solicits clients located or domiciled within this state; and (D) Does not have more than fifty (50) covered employees employed or domiciled in this state.
(A) Submits a request for limited registration to the department;
(B) Is domiciled outside this state and is licensed or registered as a professional employer organization in another state;
(C) Does not maintain an office in this state or directly solicits clients located or domiciled within this state; and
(D) Does not have more than fifty (50) covered employees employed or domiciled in this state.
(2) Limited registration is valid for two (2) years and may be renewed.
(3) An applicant seeking limited registration under this subsection (f) shall provide the department with information and documentation necessary to show that the applicant qualifies for a limited registration.
(4) Subdivision (b)(8) and subsection (c) shall not apply to applicants for limited registration.
(g) Notwithstanding § 62-43-104 , the department shall maintain a list of registrants that is readily available to the public by electronic or other means.
(h) (1) The department shall to the extent practical, permit the acceptance of electronic filings in conformance with the Uniform Electronic Transactions Act, compiled in title 47, chapter 10 and as amended, including applications, documents, reports and other filings required by this chapter. (2) The department may provide for the acceptance of electronic filings and other assurance by an independent and qualified assurance organization approved by the department that provides satisfactory assurance of compliance acceptable to the department consistent with or in lieu of the requirements in subsections (b) and (c), and other requirements of this chapter or the rules promulgated pursuant to it. (3) The department may permit an applicant to authorize such an approved assurance organization to act on the applicant's behalf in complying with the registration requirements of this chapter, including electronic filings of information and payment of registration fees; provided, that use of such an approved assurance organization shall be optional and not mandatory for an applicant. (4) Nothing in this subsection (h) shall limit or change the department's authority to register or terminate registration of a registrant or applicant or to investigate or enforce this chapter.
(1) The department shall to the extent practical, permit the acceptance of electronic filings in conformance with the Uniform Electronic Transactions Act, compiled in title 47, chapter 10 and as amended, including applications, documents, reports and other filings required by this chapter.
(2) The department may provide for the acceptance of electronic filings and other assurance by an independent and qualified assurance organization approved by the department that provides satisfactory assurance of compliance acceptable to the department consistent with or in lieu of the requirements in subsections (b) and (c), and other requirements of this chapter or the rules promulgated pursuant to it.
(3) The department may permit an applicant to authorize such an approved assurance organization to act on the applicant's behalf in complying with the registration requirements of this chapter, including electronic filings of information and payment of registration fees; provided, that use of such an approved assurance organization shall be optional and not mandatory for an applicant.
(4) Nothing in this subsection (h) shall limit or change the department's authority to register or terminate registration of a registrant or applicant or to investigate or enforce this chapter.
(i) A registrant shall: (1) Submit to the department, within ninety (90) days of the end of each calendar quarter, a statement by an independent certified public accountant or independent public accountant that for the quarter all applicable payroll taxes have been paid on a timely basis. Upon a showing of reasonable cause, one (1) thirty-day extension per quarter shall be granted by the department; (2) Maintain and make available for the department's inspection any and all records concerning the registrant's conduct of business under its registration, which records shall be maintained for a period of three (3) years after termination of the professional employer agreement; (3) Notify the department in writing of a change in the information submitted under subdivisions (b)(1)-(7) within thirty (30) days of such change; (4) Post the registration issued under this chapter in a conspicuous place in the principal place of business and display in clear public view in each registrant's office in this state a notice stating that the professional employer organization is licensed and regulated by the department and that any questions or complaints should be directed to the department; and (5) Submit a written response to a written inquiry from the department within thirty (30) days of receiving the inquiry.
(1) Submit to the department, within ninety (90) days of the end of each calendar quarter, a statement by an independent certified public accountant or independent public accountant that for the quarter all applicable payroll taxes have been paid on a timely basis. Upon a showing of reasonable cause, one (1) thirty-day extension per quarter shall be granted by the department;
(2) Maintain and make available for the department's inspection any and all records concerning the registrant's conduct of business under its registration, which records shall be maintained for a period of three (3) years after termination of the professional employer agreement;
(3) Notify the department in writing of a change in the information submitted under subdivisions (b)(1)-(7) within thirty (30) days of such change;
(4) Post the registration issued under this chapter in a conspicuous place in the principal place of business and display in clear public view in each registrant's office in this state a notice stating that the professional employer organization is licensed and regulated by the department and that any questions or complaints should be directed to the department; and
(5) Submit a written response to a written inquiry from the department within thirty (30) days of receiving the inquiry.
Amended by 2018 Tenn. Acts, ch. 745, s 21, eff. 7/1/2018.
Acts 2012, ch. 1081, § 1.
Tenn. Code Ann. § 62-25-103 — TN Code / Title 62 / Chapter 25 / Section 62-25-103
License requirements - Rules and regulations - Enforcement of chapter - Penalties
Status: in_force

(a) It is unlawful for any person to engage in the business or capacity of a rental location agent in this state without first having obtained a license from the real estate commission. A license held by a real estate broker or real estate salesperson employed by a licensed real estate broker is deemed to satisfy the license requirements of this chapter. (b) The application for the license shall be filed in the office of the real estate commission on the forms and accompanied by the fee that the commission may prescribe. All licenses shall expire two (2) years from the date the license was issued or renewed. (c) In order to effectuate the purposes of this chapter, the commission shall have the power to promulgate all necessary rules and regulations. (d) (1) The real estate commission may apply to a court of competent jurisdiction for an order enjoining any act or practice that constitutes a violation of this chapter. (2) Upon a finding by the court that there are reasonable grounds to believe that a person is engaging in any such act or practice or is about to engage in any such act or practice, an injunction, a restraining order or any other appropriate order shall be granted by the court, regardless of the existence of another remedy. (3) Any proceeding for relief pursuant to this section shall be in accordance with the Tennessee rules of civil procedure. (e) (1) Every rental location agent shall secure a bond executed to the state of Tennessee by a surety company duly authorized to do business in this state. (2) (A) The bond shall be in a form approved by the district attorney general and shall be for the use and benefit of any person who may be injured or aggrieved by the wrongful act or default of the rental location agent. (B) Any person so injured or aggrieved may bring an action in the person's own name on the bond without assignment thereof. (3) (A) The bond required by subdivisions (e)(1) and (2) shall be in the amount of ten thousand dollars ($10,000); provided, that the bond may be in the amount of two thousand five hundred dollars ($2,500) for any rental location agent employed by a corporation, partnership, firm or association that is licensed under this chapter. (B) The bond shall be in full force and effect at all times and places in which the licensee acts as a rental location agent in this state. (4) Each bond secured pursuant to this subsection (e) shall be recorded in the office of the clerk of the county in which the licensee maintains an office or is employed. Until the bond is so recorded, the holder of the license shall not exercise any of the rights and privileges conferred in the license. (5) Any licensed real estate broker or affiliate broker who has obtained a bond in accordance with chapter 13 of this title need not secure an additional bond under this chapter; however, § 62-13-306 [repealed] shall apply with respect to any wrongful act or default of a broker or affiliate broker occurring in the broker's or affiliate broker's capacity as a rental location agent. (f) A violation of this section is a Class C misdemeanor. Acts 1978, ch. 663, § 3; 1981, ch. 298, § 1; T.C.A., § 62-2503; Acts 1982, ch. 864, §17; 1989, ch. 591, § 113; 2005, ch. 252, § 3.
(a) It is unlawful for any person to engage in the business or capacity of a rental location agent in this state without first having obtained a license from the real estate commission. A license held by a real estate broker or real estate salesperson employed by a licensed real estate broker is deemed to satisfy the license requirements of this chapter.
(b) The application for the license shall be filed in the office of the real estate commission on the forms and accompanied by the fee that the commission may prescribe. All licenses shall expire two (2) years from the date the license was issued or renewed.
(c) In order to effectuate the purposes of this chapter, the commission shall have the power to promulgate all necessary rules and regulations.
(d) (1) The real estate commission may apply to a court of competent jurisdiction for an order enjoining any act or practice that constitutes a violation of this chapter. (2) Upon a finding by the court that there are reasonable grounds to believe that a person is engaging in any such act or practice or is about to engage in any such act or practice, an injunction, a restraining order or any other appropriate order shall be granted by the court, regardless of the existence of another remedy. (3) Any proceeding for relief pursuant to this section shall be in accordance with the Tennessee rules of civil procedure.
(1) The real estate commission may apply to a court of competent jurisdiction for an order enjoining any act or practice that constitutes a violation of this chapter.
(2) Upon a finding by the court that there are reasonable grounds to believe that a person is engaging in any such act or practice or is about to engage in any such act or practice, an injunction, a restraining order or any other appropriate order shall be granted by the court, regardless of the existence of another remedy.
(3) Any proceeding for relief pursuant to this section shall be in accordance with the Tennessee rules of civil procedure.
(e) (1) Every rental location agent shall secure a bond executed to the state of Tennessee by a surety company duly authorized to do business in this state. (2) (A) The bond shall be in a form approved by the district attorney general and shall be for the use and benefit of any person who may be injured or aggrieved by the wrongful act or default of the rental location agent. (B) Any person so injured or aggrieved may bring an action in the person's own name on the bond without assignment thereof. (3) (A) The bond required by subdivisions (e)(1) and (2) shall be in the amount of ten thousand dollars ($10,000); provided, that the bond may be in the amount of two thousand five hundred dollars ($2,500) for any rental location agent employed by a corporation, partnership, firm or association that is licensed under this chapter. (B) The bond shall be in full force and effect at all times and places in which the licensee acts as a rental location agent in this state. (4) Each bond secured pursuant to this subsection (e) shall be recorded in the office of the clerk of the county in which the licensee maintains an office or is employed. Until the bond is so recorded, the holder of the license shall not exercise any of the rights and privileges conferred in the license. (5) Any licensed real estate broker or affiliate broker who has obtained a bond in accordance with chapter 13 of this title need not secure an additional bond under this chapter; however, § 62-13-306 [repealed] shall apply with respect to any wrongful act or default of a broker or affiliate broker occurring in the broker's or affiliate broker's capacity as a rental location agent.
(1) Every rental location agent shall secure a bond executed to the state of Tennessee by a surety company duly authorized to do business in this state.
(2) (A) The bond shall be in a form approved by the district attorney general and shall be for the use and benefit of any person who may be injured or aggrieved by the wrongful act or default of the rental location agent. (B) Any person so injured or aggrieved may bring an action in the person's own name on the bond without assignment thereof.
(A) The bond shall be in a form approved by the district attorney general and shall be for the use and benefit of any person who may be injured or aggrieved by the wrongful act or default of the rental location agent.
(B) Any person so injured or aggrieved may bring an action in the person's own name on the bond without assignment thereof.
(3) (A) The bond required by subdivisions (e)(1) and (2) shall be in the amount of ten thousand dollars ($10,000); provided, that the bond may be in the amount of two thousand five hundred dollars ($2,500) for any rental location agent employed by a corporation, partnership, firm or association that is licensed under this chapter. (B) The bond shall be in full force and effect at all times and places in which the licensee acts as a rental location agent in this state.
(A) The bond required by subdivisions (e)(1) and (2) shall be in the amount of ten thousand dollars ($10,000); provided, that the bond may be in the amount of two thousand five hundred dollars ($2,500) for any rental location agent employed by a corporation, partnership, firm or association that is licensed under this chapter.
(B) The bond shall be in full force and effect at all times and places in which the licensee acts as a rental location agent in this state.
(4) Each bond secured pursuant to this subsection (e) shall be recorded in the office of the clerk of the county in which the licensee maintains an office or is employed. Until the bond is so recorded, the holder of the license shall not exercise any of the rights and privileges conferred in the license.
(5) Any licensed real estate broker or affiliate broker who has obtained a bond in accordance with chapter 13 of this title need not secure an additional bond under this chapter; however, § 62-13-306 [repealed] shall apply with respect to any wrongful act or default of a broker or affiliate broker occurring in the broker's or affiliate broker's capacity as a rental location agent.
(f) A violation of this section is a Class C misdemeanor.
Acts 1978, ch. 663, § 3; 1981, ch. 298, § 1; T.C.A., § 62-2503; Acts 1982, ch. 864, §17; 1989, ch. 591, § 113; 2005, ch. 252, § 3.
Tenn. Code Ann. § 62-18-122 — TN Code / Title 62 / Chapter 18 / Section 62-18-122
Business associations - Personal liability
Status: in_force

(a) The right to engage in the practice of land surveying shall be deemed a personal right, based upon the qualifications of the individual, evidenced by the individual's registration certificate and shall not be transferable. (b) Any registered land surveyor may practice the profession through the medium of, or as a member or as an employee of, a partnership, firm, joint stock association or corporation; provided, that all surveys are signed and stamped with the signature and seal of the registered land surveyor in responsible charge. (c) The registered land surveyor signing and sealing surveys is responsible, personally and professionally, for the surveys. Acts 1969, ch. 207, § 15; 1979, ch. 97, § 2; T.C.A., § 62-1821.
(a) The right to engage in the practice of land surveying shall be deemed a personal right, based upon the qualifications of the individual, evidenced by the individual's registration certificate and shall not be transferable.
(b) Any registered land surveyor may practice the profession through the medium of, or as a member or as an employee of, a partnership, firm, joint stock association or corporation; provided, that all surveys are signed and stamped with the signature and seal of the registered land surveyor in responsible charge.
(c) The registered land surveyor signing and sealing surveys is responsible, personally and professionally, for the surveys.
Acts 1969, ch. 207, § 15; 1979, ch. 97, § 2; T.C.A., § 62-1821.
Tenn. Code Ann. § 62-76-104 — TN Code / Title 62 / Chapter 76 / Section 62-76-104
Denial of license for prior criminal prosecution prohibited
Status: in_force

(a) As used in this section, "licensing authority" means any state department, board, commission, or agency that issues any license, certificate, or registration for an individual to engage in an occupation, profession, business, or trade in this state, including to those licensing authorities that have statutory authority to deny, suspend, or revoke a license for felonies or misdemeanors of moral turpitude. (b) (1) Subject to the exemptions in this section and unless prohibited by federal law, a licensing authority shall not deny an application for a license, certificate, or registration, or refuse to renew a license, certificate, or registration due to a prior criminal conviction that does not directly relate to the applicable occupation, profession, business, or trade. (2) Prior to denying an application for a license, certificate, or registration on the basis of a criminal conviction, or prior to the refusal to renew a license, certificate, or registration, on the basis of a criminal conviction, the licensing authority shall notify the applicant, licensee, certificate holder, or registrant of the licensing authority's determination in writing via certified mail, facsimile transmission, or email. The written notification shall include the licensing authority's justification for denial or refusal to renew in accordance to subdivision (b)(4). The determination must state the earliest date upon which the applicant is eligible to reapply for the license, certificate, or registration. (3) Prior to submitting the application necessary to obtain a license, certificate, or registration, an individual may request written notice from the licensing authority from which they seek to obtain a license, certification, or registration concerning the individual's qualification to obtain the license, certification, or registration based on the individual's criminal history. If the licensing authority determines that an individual is disqualified due to the individual's criminal history, the licensing authority must provide the individual with a written notification that sets forth the reasons for its determination and its justification in accordance with subdivision (b)(4). The written notice as to the individual's qualifications to obtain a license, certification, or registration must be limited to the individual's criminal history and should not be construed as prohibiting the licensing authority from denying an application on other grounds. This determination shall apply exclusively to the individual and shall not be construed as an advisory or formal opinion of the licensing authority. (4) In considering whether to deny an application for a license, certificate, or registration to an applicant pursuant to subdivision (b)(1), or whether to refuse to renew a license, certificate, or registration on the basis of a criminal conviction, the licensing authority must consider: (A) The relationship between the nature of the crime and the purposes of regulating the occupation, profession, business, or trade; (B) The relationship between the crime and the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the occupation, profession, business, or trade; (C) Any evidence of rehabilitation or treatment undertaken by the individual that might mitigate against the relationship of crime to the occupation, profession, business, or trade; and (D) Any applicable federal laws regarding an individual's participation in the occupation, profession, business, or trade. (c) An individual, applicant, licensee, certificate holder, or registrant who receives written notice pursuant to subdivision (b)(2) or (b)(3) may file a petition within thirty (30) business days of the receipt of the notice in Davidson County chancery court. The licensing authority must demonstrate by a preponderance of the evidence that the individual, applicant, licensee, certificate holder, or registrant's conviction is related to the applicable occupation, profession, business, or trade. (d) Nothing in this section shall be construed to prohibit a licensing authority created by this title from issuing a restricted or conditional license, if otherwise authorized to do so under law. (e) Nothing in this section shall be construed to create a separate right to a contested case hearing that does not otherwise exist relative to the denial of the license, certificate, or registration under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (f) Nothing in this section applies to: (1) The board of law examiners, created under § 23-1-101 ; (2) The board of judicial conduct, created under § 17-5-201 ; (3) The licensure of services and facilities operated pursuant to title 33, chapter 2, part 4, for the provision of mental health services, alcohol, and drug abuse prevention or treatment; for the provision of services for intellectual and developmental disabilities; and for personal support services; (4) The certification of police officers under title 38, chapter 8; (5) Any licensing authority created under titles 41, 48, 49, 56, and 71; (6) The department of financial institutions, when acting as a licensing authority pursuant to title 45; (7) Any license, certificate, or registration issued pursuant to the rules of the supreme court; (8) The licensure of pain management clinics licensed pursuant to title 63, chapter 1, part 3; and (9) The licensure of physicians under title 63, chapter 6 or 9. (g) Notwithstanding another law, the licensing authority shall not use a vague term in its consideration and its notice or decision under this section, including good moral character or character and fitness, without also providing an explanation of how a prior conviction directly relates to the applicable occupation, profession, business, or trade, if such prior conviction serves as a basis for the licensing authority's consideration and notice or decision. Amended by 2024 Tenn. Acts, ch. 788,s 2, eff. 7/1/2024. Amended by 2021 Tenn. Acts, ch. 410, Secs.s 22, s 23 eff. 5/12/2021. Acts 2018 , ch. 793, § 2.
(a) As used in this section, "licensing authority" means any state department, board, commission, or agency that issues any license, certificate, or registration for an individual to engage in an occupation, profession, business, or trade in this state, including to those licensing authorities that have statutory authority to deny, suspend, or revoke a license for felonies or misdemeanors of moral turpitude.
(b) (1) Subject to the exemptions in this section and unless prohibited by federal law, a licensing authority shall not deny an application for a license, certificate, or registration, or refuse to renew a license, certificate, or registration due to a prior criminal conviction that does not directly relate to the applicable occupation, profession, business, or trade. (2) Prior to denying an application for a license, certificate, or registration on the basis of a criminal conviction, or prior to the refusal to renew a license, certificate, or registration, on the basis of a criminal conviction, the licensing authority shall notify the applicant, licensee, certificate holder, or registrant of the licensing authority's determination in writing via certified mail, facsimile transmission, or email. The written notification shall include the licensing authority's justification for denial or refusal to renew in accordance to subdivision (b)(4). The determination must state the earliest date upon which the applicant is eligible to reapply for the license, certificate, or registration. (3) Prior to submitting the application necessary to obtain a license, certificate, or registration, an individual may request written notice from the licensing authority from which they seek to obtain a license, certification, or registration concerning the individual's qualification to obtain the license, certification, or registration based on the individual's criminal history. If the licensing authority determines that an individual is disqualified due to the individual's criminal history, the licensing authority must provide the individual with a written notification that sets forth the reasons for its determination and its justification in accordance with subdivision (b)(4). The written notice as to the individual's qualifications to obtain a license, certification, or registration must be limited to the individual's criminal history and should not be construed as prohibiting the licensing authority from denying an application on other grounds. This determination shall apply exclusively to the individual and shall not be construed as an advisory or formal opinion of the licensing authority. (4) In considering whether to deny an application for a license, certificate, or registration to an applicant pursuant to subdivision (b)(1), or whether to refuse to renew a license, certificate, or registration on the basis of a criminal conviction, the licensing authority must consider: (A) The relationship between the nature of the crime and the purposes of regulating the occupation, profession, business, or trade; (B) The relationship between the crime and the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the occupation, profession, business, or trade; (C) Any evidence of rehabilitation or treatment undertaken by the individual that might mitigate against the relationship of crime to the occupation, profession, business, or trade; and (D) Any applicable federal laws regarding an individual's participation in the occupation, profession, business, or trade.
(1) Subject to the exemptions in this section and unless prohibited by federal law, a licensing authority shall not deny an application for a license, certificate, or registration, or refuse to renew a license, certificate, or registration due to a prior criminal conviction that does not directly relate to the applicable occupation, profession, business, or trade.
(2) Prior to denying an application for a license, certificate, or registration on the basis of a criminal conviction, or prior to the refusal to renew a license, certificate, or registration, on the basis of a criminal conviction, the licensing authority shall notify the applicant, licensee, certificate holder, or registrant of the licensing authority's determination in writing via certified mail, facsimile transmission, or email. The written notification shall include the licensing authority's justification for denial or refusal to renew in accordance to subdivision (b)(4). The determination must state the earliest date upon which the applicant is eligible to reapply for the license, certificate, or registration.
(3) Prior to submitting the application necessary to obtain a license, certificate, or registration, an individual may request written notice from the licensing authority from which they seek to obtain a license, certification, or registration concerning the individual's qualification to obtain the license, certification, or registration based on the individual's criminal history. If the licensing authority determines that an individual is disqualified due to the individual's criminal history, the licensing authority must provide the individual with a written notification that sets forth the reasons for its determination and its justification in accordance with subdivision (b)(4). The written notice as to the individual's qualifications to obtain a license, certification, or registration must be limited to the individual's criminal history and should not be construed as prohibiting the licensing authority from denying an application on other grounds. This determination shall apply exclusively to the individual and shall not be construed as an advisory or formal opinion of the licensing authority.
(4) In considering whether to deny an application for a license, certificate, or registration to an applicant pursuant to subdivision (b)(1), or whether to refuse to renew a license, certificate, or registration on the basis of a criminal conviction, the licensing authority must consider: (A) The relationship between the nature of the crime and the purposes of regulating the occupation, profession, business, or trade; (B) The relationship between the crime and the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the occupation, profession, business, or trade; (C) Any evidence of rehabilitation or treatment undertaken by the individual that might mitigate against the relationship of crime to the occupation, profession, business, or trade; and (D) Any applicable federal laws regarding an individual's participation in the occupation, profession, business, or trade.
(A) The relationship between the nature of the crime and the purposes of regulating the occupation, profession, business, or trade;
(B) The relationship between the crime and the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the occupation, profession, business, or trade;
(C) Any evidence of rehabilitation or treatment undertaken by the individual that might mitigate against the relationship of crime to the occupation, profession, business, or trade; and
(D) Any applicable federal laws regarding an individual's participation in the occupation, profession, business, or trade.
(c) An individual, applicant, licensee, certificate holder, or registrant who receives written notice pursuant to subdivision (b)(2) or (b)(3) may file a petition within thirty (30) business days of the receipt of the notice in Davidson County chancery court. The licensing authority must demonstrate by a preponderance of the evidence that the individual, applicant, licensee, certificate holder, or registrant's conviction is related to the applicable occupation, profession, business, or trade.
(d) Nothing in this section shall be construed to prohibit a licensing authority created by this title from issuing a restricted or conditional license, if otherwise authorized to do so under law.
(e) Nothing in this section shall be construed to create a separate right to a contested case hearing that does not otherwise exist relative to the denial of the license, certificate, or registration under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(f) Nothing in this section applies to: (1) The board of law examiners, created under § 23-1-101 ; (2) The board of judicial conduct, created under § 17-5-201 ; (3) The licensure of services and facilities operated pursuant to title 33, chapter 2, part 4, for the provision of mental health services, alcohol, and drug abuse prevention or treatment; for the provision of services for intellectual and developmental disabilities; and for personal support services; (4) The certification of police officers under title 38, chapter 8; (5) Any licensing authority created under titles 41, 48, 49, 56, and 71; (6) The department of financial institutions, when acting as a licensing authority pursuant to title 45; (7) Any license, certificate, or registration issued pursuant to the rules of the supreme court; (8) The licensure of pain management clinics licensed pursuant to title 63, chapter 1, part 3; and (9) The licensure of physicians under title 63, chapter 6 or 9.
(1) The board of law examiners, created under § 23-1-101 ;
(2) The board of judicial conduct, created under § 17-5-201 ;
(3) The licensure of services and facilities operated pursuant to title 33, chapter 2, part 4, for the provision of mental health services, alcohol, and drug abuse prevention or treatment; for the provision of services for intellectual and developmental disabilities; and for personal support services;
(4) The certification of police officers under title 38, chapter 8;
(5) Any licensing authority created under titles 41, 48, 49, 56, and 71;
(6) The department of financial institutions, when acting as a licensing authority pursuant to title 45;
(7) Any license, certificate, or registration issued pursuant to the rules of the supreme court;
(8) The licensure of pain management clinics licensed pursuant to title 63, chapter 1, part 3; and
(9) The licensure of physicians under title 63, chapter 6 or 9.
(g) Notwithstanding another law, the licensing authority shall not use a vague term in its consideration and its notice or decision under this section, including good moral character or character and fitness, without also providing an explanation of how a prior conviction directly relates to the applicable occupation, profession, business, or trade, if such prior conviction serves as a basis for the licensing authority's consideration and notice or decision.
Amended by 2024 Tenn. Acts, ch. 788,s 2, eff. 7/1/2024.
Amended by 2021 Tenn. Acts, ch. 410, Secs.s 22, s 23 eff. 5/12/2021.
Acts 2018 , ch. 793, § 2.
Tenn. Code Ann. § 62-4-209 — TN Code / Title 62 / Chapter 4 / Section 62-4-209
Adverse actions
Status: in_force

(a) A licensee's home state has exclusive power to impose an adverse action against a licensee's multistate license issued by the home state. (b) A home state may take adverse action on a multistate license based on the investigative information, current significant investigative information, or adverse action of a remote state. (c) In addition to the powers conferred by state law, each remote state's state licensing authority has the power to: (1) Take adverse action against a licensee's authorization to practice cosmetology through the multistate license in that member state; provided, that: (A) Only the licensee's home state has the power to take adverse action against the multistate license issued by the home state; and (B) For the purposes of taking adverse action, the home state's state licensing authority shall give the same priority and effect to reported conduct received from a remote state as it would if such conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine the appropriate action; (2) Issue cease and desist orders or impose an encumbrance on a licensee's authorization to practice within that member state; (3) Complete any pending investigations of a licensee who changes their primary state of residence during the course of such an investigation. The state licensing authority is also empowered to report the results of such an investigation to the commission through the data system as described in this compact; (4) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, as well as the production of evidence. Subpoenas issued by a state licensing authority in a member state for the attendance and testimony of witnesses or the production of evidence from another member state must be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings before it. The issuing state licensing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located; (5) If otherwise permitted by state law, recover from the affected licensee the costs of investigations and disposition of cases resulting from any adverse action taken against that licensee; and (6) Take adverse action against the licensee's authorization to practice in that state based on the factual findings of another remote state. (d) A licensee's home state shall complete any pending investigation of a cosmetologist who changes their primary state of residence during the course of any investigation. The home state also has the authority to take appropriate actions and promptly report the conclusions of any investigation to the data system. (e) If an adverse action is taken by the home state against a licensee's multistate license, then the licensee's authorization to practice in all other member states must be deactivated until all encumbrances have been removed from the home state license. All home state disciplinary orders that impose an adverse action against a licensee's multistate license must include a statement that the cosmetologist's authorization to practice is deactivated in all member states during the pendency of the order. (f) Nothing in this compact overrides a member state's authority to accept a licensee's participation in an alternative program in lieu of adverse action. A licensee's multistate license must be suspended for the duration of the licensee's participation in any alternative program. (g) Joint investigations. (1) In addition to the authority granted to a member state by its respective scope of practice laws or other applicable state law, a member state may participate with other member states in joint investigations of licensees. (2) Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under this compact. Added by 2024 Tenn. Acts, ch. 1060,s 1, eff. 7/1/2024.
(a) A licensee's home state has exclusive power to impose an adverse action against a licensee's multistate license issued by the home state.
(b) A home state may take adverse action on a multistate license based on the investigative information, current significant investigative information, or adverse action of a remote state.
(c) In addition to the powers conferred by state law, each remote state's state licensing authority has the power to: (1) Take adverse action against a licensee's authorization to practice cosmetology through the multistate license in that member state; provided, that: (A) Only the licensee's home state has the power to take adverse action against the multistate license issued by the home state; and (B) For the purposes of taking adverse action, the home state's state licensing authority shall give the same priority and effect to reported conduct received from a remote state as it would if such conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine the appropriate action; (2) Issue cease and desist orders or impose an encumbrance on a licensee's authorization to practice within that member state; (3) Complete any pending investigations of a licensee who changes their primary state of residence during the course of such an investigation. The state licensing authority is also empowered to report the results of such an investigation to the commission through the data system as described in this compact; (4) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, as well as the production of evidence. Subpoenas issued by a state licensing authority in a member state for the attendance and testimony of witnesses or the production of evidence from another member state must be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings before it. The issuing state licensing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located; (5) If otherwise permitted by state law, recover from the affected licensee the costs of investigations and disposition of cases resulting from any adverse action taken against that licensee; and (6) Take adverse action against the licensee's authorization to practice in that state based on the factual findings of another remote state.
(1) Take adverse action against a licensee's authorization to practice cosmetology through the multistate license in that member state; provided, that: (A) Only the licensee's home state has the power to take adverse action against the multistate license issued by the home state; and (B) For the purposes of taking adverse action, the home state's state licensing authority shall give the same priority and effect to reported conduct received from a remote state as it would if such conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine the appropriate action;
(A) Only the licensee's home state has the power to take adverse action against the multistate license issued by the home state; and
(B) For the purposes of taking adverse action, the home state's state licensing authority shall give the same priority and effect to reported conduct received from a remote state as it would if such conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine the appropriate action;
(2) Issue cease and desist orders or impose an encumbrance on a licensee's authorization to practice within that member state;
(3) Complete any pending investigations of a licensee who changes their primary state of residence during the course of such an investigation. The state licensing authority is also empowered to report the results of such an investigation to the commission through the data system as described in this compact;
(4) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, as well as the production of evidence. Subpoenas issued by a state licensing authority in a member state for the attendance and testimony of witnesses or the production of evidence from another member state must be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings before it. The issuing state licensing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located;
(5) If otherwise permitted by state law, recover from the affected licensee the costs of investigations and disposition of cases resulting from any adverse action taken against that licensee; and
(6) Take adverse action against the licensee's authorization to practice in that state based on the factual findings of another remote state.
(d) A licensee's home state shall complete any pending investigation of a cosmetologist who changes their primary state of residence during the course of any investigation. The home state also has the authority to take appropriate actions and promptly report the conclusions of any investigation to the data system.
(e) If an adverse action is taken by the home state against a licensee's multistate license, then the licensee's authorization to practice in all other member states must be deactivated until all encumbrances have been removed from the home state license. All home state disciplinary orders that impose an adverse action against a licensee's multistate license must include a statement that the cosmetologist's authorization to practice is deactivated in all member states during the pendency of the order.
(f) Nothing in this compact overrides a member state's authority to accept a licensee's participation in an alternative program in lieu of adverse action. A licensee's multistate license must be suspended for the duration of the licensee's participation in any alternative program.
(g) Joint investigations. (1) In addition to the authority granted to a member state by its respective scope of practice laws or other applicable state law, a member state may participate with other member states in joint investigations of licensees. (2) Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under this compact.
(1) In addition to the authority granted to a member state by its respective scope of practice laws or other applicable state law, a member state may participate with other member states in joint investigations of licensees.
(2) Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under this compact.
Added by 2024 Tenn. Acts, ch. 1060,s 1, eff. 7/1/2024.
Tenn. Code Ann. § 62-5-316 — TN Code / Title 62 / Chapter 5 / Section 62-5-316
Invalidity of unrenewed license - Renewal, reinstatement or reapplication
Status: in_force

(a) Any license that is not renewed by its expiration date becomes invalid. The holder of the invalid license shall not practice the profession for which the license was issued, nor shall an establishment be operated if the establishment's license has become invalid, until such time as the license has been renewed or reinstated or a new license has been issued. (b) When any license issued by the board becomes invalid because of nonrenewal, the executive director shall send a written notice to the license holder at the license holder's last known address, informing the license holder that the license holder cannot practice that profession or operate that establishment until the invalid license is renewed or reinstated or a new license is issued. The notice shall also state that the license may be renewed or reinstated at any time within ninety (90) days of the license expiration date by payment of the renewal fee and of a penalty fee in an amount to be established by the board. Any license not renewed or reinstated within ninety (90) days of the license expiration date shall not be subject to renewal or reinstatement and the license holder shall reapply as for an initial license; provided, that any examination shall be limited to this chapter and any rules promulgated pursuant to this chapter, and that the education requirements in § 62-5-305(b)(6) and § 62-5-307(b)(6) are not applicable. Acts 1951, ch. 13, § 17 (Williams, § 7140.17); Acts 1980, ch. 554, § 10; T.C.A. (orig. ed.), § 62-523; Acts 2001, ch. 188, § 14; 2012 , ch. 799, § 1.
(a) Any license that is not renewed by its expiration date becomes invalid. The holder of the invalid license shall not practice the profession for which the license was issued, nor shall an establishment be operated if the establishment's license has become invalid, until such time as the license has been renewed or reinstated or a new license has been issued.
(b) When any license issued by the board becomes invalid because of nonrenewal, the executive director shall send a written notice to the license holder at the license holder's last known address, informing the license holder that the license holder cannot practice that profession or operate that establishment until the invalid license is renewed or reinstated or a new license is issued. The notice shall also state that the license may be renewed or reinstated at any time within ninety (90) days of the license expiration date by payment of the renewal fee and of a penalty fee in an amount to be established by the board. Any license not renewed or reinstated within ninety (90) days of the license expiration date shall not be subject to renewal or reinstatement and the license holder shall reapply as for an initial license; provided, that any examination shall be limited to this chapter and any rules promulgated pursuant to this chapter, and that the education requirements in § 62-5-305(b)(6) and § 62-5-307(b)(6) are not applicable.
Acts 1951, ch. 13, § 17 (Williams, § 7140.17); Acts 1980, ch. 554, § 10; T.C.A. (orig. ed.), § 62-523; Acts 2001, ch. 188, § 14; 2012 , ch. 799, § 1.
Tenn. Code Ann. § 62-4-118 — TN Code / Title 62 / Chapter 4 / Section 62-4-118
Operation of a shop
Status: in_force

(a) Except as otherwise provided under this part, it is unlawful to operate a shop without conspicuously displaying a valid license issued by the board under this part. (b) Each shop licensed by the board shall designate a manager. The shop shall submit the name and license information of its manager upon application and renewal. (c) It is unlawful to operate a shop unless it is, at all times, under the direction of a manager or designated manager. While on duty, the manager or designated manager shall be responsible for the shop's compliance with this part, chapter 3 of this title, and the rules of the board. The board may require the name of the shop's manager or designated manager to be posted in such form and location as the board may prescribe. (d) The manager and designated manager may manage those who practice disciplines in cosmetology or barbering, other than the discipline in which the manager or designated manager is licensed; however, the manager or designated manager shall only practice within the field that the person is licensed. (e) An application for a license to operate a shop shall be submitted by its owner on the form prescribed by the board. The application shall include: (1) The location of the shop; (2) The type of shop; (3) The name of the manager; and (4) Other information that the board may require. (f) Prior to the opening of a new shop or the relocation of an existing shop, the shop must pass an initial inspection after submission of a complete application for a license to operate the shop in accordance with subsection (e), accompanied by the fee for licensure and the fee for inspection, as prescribed by the board in rule. The inspection shall be made within ten (10) days of receipt by the board of a request for the inspection. If the shop passes the required inspection, the board shall issue a license to operate the shop unless the board refuses to issue the license pursuant to § 62-4-127(b) or as otherwise provided by this part, chapter 3 of this title, and the rules of the board. (g) (1) If the ownership of a shop changes, the new owner shall not operate the shop more than thirty (30) days after the date of the change of ownership unless, within the thirty-day period, the new owner has: (A) Submitted an application for a license to operate the shop in accordance with subsection (e); and (B) Paid the license fee and the inspection fee. (2) If the transferred shop passes the required inspection, the board shall issue a license to operate the shop unless the board refuses to issue the license pursuant to § 62-4-127(b) or as otherwise provided by this part, chapter 3 of this title, and the rules of the board. (h) Pending issuance or denial by the board of a license to operate a shop, the owner may operate the shop if the owner displays: (1) The official report showing that the shop has passed the required inspection; and (2) A copy of a cashier's check or money order made payable to the state of Tennessee in the amount of the fee for the license. (i) Each shop shall be inspected at least annually. (j) All licenses to operate a shop shall expire on the last day of the month of the biennial anniversary date of the licenses. (k) If the board is satisfied that the requirements of this part have been met, licenses to operate a shop may be renewed for another term upon completion and submission of the prescribed form, accompanied by the renewal fee prescribed by the board in rule. (l) A penalty fee as set by the board by rule will be assessed on any renewal application postmarked after the expiration date of the license. (m) The board may promulgate any and all rules necessary to allow for a shop where services are performed or offered to be performed in more than one (1) field of cosmetology, including aesthetics, natural hair styling, manicuring, and eyelash services, or in both cosmetology, or a field of cosmetology, and barbering to operate as a dual shop, including, but not limited to, rules to allow a dual shop to pay a single licensure or renewal fee and to undergo a single inspection. Amended by 2024 Tenn. Acts, ch. 1060,s 22, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 1060,s 21, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 1060,s 20, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 1060,s 19, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 1060,s 18, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 214, s 8, eff. 7/1/2023. Amended by 2016 Tenn. Acts, ch. 838, s 7, eff. 7/1/2016. Amended by 2015 Tenn. Acts, ch. 402, s 24, eff. 7/1/2015. Acts 1986, ch. 817, § 18; 1987, ch. 112, § 10; 1988, ch. 902, §13; 1989, ch. 523, §§ 118-122, 124-130; 1996, ch. 897, §§ 11, 12.
(a) Except as otherwise provided under this part, it is unlawful to operate a shop without conspicuously displaying a valid license issued by the board under this part.
(b) Each shop licensed by the board shall designate a manager. The shop shall submit the name and license information of its manager upon application and renewal.
(c) It is unlawful to operate a shop unless it is, at all times, under the direction of a manager or designated manager. While on duty, the manager or designated manager shall be responsible for the shop's compliance with this part, chapter 3 of this title, and the rules of the board. The board may require the name of the shop's manager or designated manager to be posted in such form and location as the board may prescribe.
(d) The manager and designated manager may manage those who practice disciplines in cosmetology or barbering, other than the discipline in which the manager or designated manager is licensed; however, the manager or designated manager shall only practice within the field that the person is licensed.
(e) An application for a license to operate a shop shall be submitted by its owner on the form prescribed by the board. The application shall include: (1) The location of the shop; (2) The type of shop; (3) The name of the manager; and (4) Other information that the board may require.
(1) The location of the shop;
(2) The type of shop;
(3) The name of the manager; and
(4) Other information that the board may require.
(f) Prior to the opening of a new shop or the relocation of an existing shop, the shop must pass an initial inspection after submission of a complete application for a license to operate the shop in accordance with subsection (e), accompanied by the fee for licensure and the fee for inspection, as prescribed by the board in rule. The inspection shall be made within ten (10) days of receipt by the board of a request for the inspection. If the shop passes the required inspection, the board shall issue a license to operate the shop unless the board refuses to issue the license pursuant to § 62-4-127(b) or as otherwise provided by this part, chapter 3 of this title, and the rules of the board.
(g) (1) If the ownership of a shop changes, the new owner shall not operate the shop more than thirty (30) days after the date of the change of ownership unless, within the thirty-day period, the new owner has: (A) Submitted an application for a license to operate the shop in accordance with subsection (e); and (B) Paid the license fee and the inspection fee. (2) If the transferred shop passes the required inspection, the board shall issue a license to operate the shop unless the board refuses to issue the license pursuant to § 62-4-127(b) or as otherwise provided by this part, chapter 3 of this title, and the rules of the board.
(1) If the ownership of a shop changes, the new owner shall not operate the shop more than thirty (30) days after the date of the change of ownership unless, within the thirty-day period, the new owner has: (A) Submitted an application for a license to operate the shop in accordance with subsection (e); and (B) Paid the license fee and the inspection fee.
(A) Submitted an application for a license to operate the shop in accordance with subsection (e); and
(B) Paid the license fee and the inspection fee.
(2) If the transferred shop passes the required inspection, the board shall issue a license to operate the shop unless the board refuses to issue the license pursuant to § 62-4-127(b) or as otherwise provided by this part, chapter 3 of this title, and the rules of the board.
(h) Pending issuance or denial by the board of a license to operate a shop, the owner may operate the shop if the owner displays: (1) The official report showing that the shop has passed the required inspection; and (2) A copy of a cashier's check or money order made payable to the state of Tennessee in the amount of the fee for the license.
(1) The official report showing that the shop has passed the required inspection; and
(2) A copy of a cashier's check or money order made payable to the state of Tennessee in the amount of the fee for the license.
(i) Each shop shall be inspected at least annually.
(j) All licenses to operate a shop shall expire on the last day of the month of the biennial anniversary date of the licenses.
(k) If the board is satisfied that the requirements of this part have been met, licenses to operate a shop may be renewed for another term upon completion and submission of the prescribed form, accompanied by the renewal fee prescribed by the board in rule.
(l) A penalty fee as set by the board by rule will be assessed on any renewal application postmarked after the expiration date of the license.
(m) The board may promulgate any and all rules necessary to allow for a shop where services are performed or offered to be performed in more than one (1) field of cosmetology, including aesthetics, natural hair styling, manicuring, and eyelash services, or in both cosmetology, or a field of cosmetology, and barbering to operate as a dual shop, including, but not limited to, rules to allow a dual shop to pay a single licensure or renewal fee and to undergo a single inspection.
Amended by 2024 Tenn. Acts, ch. 1060,s 22, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 1060,s 21, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 1060,s 20, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 1060,s 19, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 1060,s 18, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 214, s 8, eff. 7/1/2023.
Amended by 2016 Tenn. Acts, ch. 838, s 7, eff. 7/1/2016.
Amended by 2015 Tenn. Acts, ch. 402, s 24, eff. 7/1/2015.
Acts 1986, ch. 817, § 18; 1987, ch. 112, § 10; 1988, ch. 902, §13; 1989, ch. 523, §§ 118-122, 124-130; 1996, ch. 897, §§ 11, 12.
Tenn. Code Ann. § 62-13-320 — TN Code / Title 62 / Chapter 13 / Section 62-13-320
Surrender of broker's for affiliate broker's license
Status: in_force

The holder of a valid broker's license shall, upon the holder's written request, be entitled to surrender the license to the commission in exchange for an affiliate broker's license. Acts 1984, ch. 810, § 5.
The holder of a valid broker's license shall, upon the holder's written request, be entitled to surrender the license to the commission in exchange for an affiliate broker's license.
Acts 1984, ch. 810, § 5.
Tenn. Code Ann. § 62-36-113 — TN Code / Title 62 / Chapter 36 / Section 62-36-113
Advisory committee for geology
Status: in_force

(a) The commissioner may establish an advisory committee for geology composed of seven (7) members. (b) In making appointments to the committee, the commissioner shall strive to ensure that the committee includes at least one (1) female, at least one (1) member of a racial minority and at least one (1) person who is at least sixty (60) years of age. The commissioner may also strive to ensure that the geologist members are from each of the following professional groupings: environmental, mineral and fuel exploration and development, geologic hazards and geologic research. (c) The committee shall be administratively attached to the department's division of regulatory boards. (d) Committee members shall receive no compensation but shall be reimbursed for actual travel and other expenses incurred in attending each meeting and in performing any other duties provided for in this chapter. All reimbursement for expenses shall be in accordance with the comprehensive travel regulations promulgated by the commissioner of finance and administration and approved by the attorney general and reporter. (e) The committee shall assist the commissioner with the promulgation of rules for the implementation of the requirements of this chapter. Acts 2007, ch. 495, § 14.
(a) The commissioner may establish an advisory committee for geology composed of seven (7) members.
(b) In making appointments to the committee, the commissioner shall strive to ensure that the committee includes at least one (1) female, at least one (1) member of a racial minority and at least one (1) person who is at least sixty (60) years of age. The commissioner may also strive to ensure that the geologist members are from each of the following professional groupings: environmental, mineral and fuel exploration and development, geologic hazards and geologic research.
(c) The committee shall be administratively attached to the department's division of regulatory boards.
(d) Committee members shall receive no compensation but shall be reimbursed for actual travel and other expenses incurred in attending each meeting and in performing any other duties provided for in this chapter. All reimbursement for expenses shall be in accordance with the comprehensive travel regulations promulgated by the commissioner of finance and administration and approved by the attorney general and reporter.
(e) The committee shall assist the commissioner with the promulgation of rules for the implementation of the requirements of this chapter.
Acts 2007, ch. 495, § 14.
Tenn. Code Ann. § 62-36-102 — TN Code / Title 62 / Chapter 36 / Section 62-36-102
Legislative findings - Purpose
Status: in_force

(a) The general assembly finds that the competent and proper application of geologic principles by geologists is vital to the lives, property, economy, security and environment of the people of this state. In order to safeguard life, health and property and to promote the public welfare, the practice of geology in this state is declared to be subject to regulation in the public interest. Furthermore, the practice of geology is declared a learned profession to be practiced and regulated as such, and its practitioners in this state shall be held accountable to the state and members of the public by high professional standards in keeping with the ethics and practices of other learned professions in this state. (b) The purpose of this chapter is to introduce additional qualifying criteria in a professional field at present only partially regulated, thereby benefiting the safety, health and property of the people of this state and promoting the public welfare. The fields of geology expected to benefit are those related to the environment, mineral and fuels exploration and development, geologic hazards, basic geologic research and other geologic matters of concern to the people of this state. Acts 2007, ch. 495, § 3.
(a) The general assembly finds that the competent and proper application of geologic principles by geologists is vital to the lives, property, economy, security and environment of the people of this state. In order to safeguard life, health and property and to promote the public welfare, the practice of geology in this state is declared to be subject to regulation in the public interest. Furthermore, the practice of geology is declared a learned profession to be practiced and regulated as such, and its practitioners in this state shall be held accountable to the state and members of the public by high professional standards in keeping with the ethics and practices of other learned professions in this state.
(b) The purpose of this chapter is to introduce additional qualifying criteria in a professional field at present only partially regulated, thereby benefiting the safety, health and property of the people of this state and promoting the public welfare. The fields of geology expected to benefit are those related to the environment, mineral and fuels exploration and development, geologic hazards, basic geologic research and other geologic matters of concern to the people of this state.
Acts 2007, ch. 495, § 3.
Tenn. Code Ann. § 62-32-319 — TN Code / Title 62 / Chapter 32 / Section 62-32-319
Suspension or revocation of certificate or license - Grounds
Status: in_force

(a) Any person may prefer charges in writing to the commissioner against any certificate holder, licensee, registrant or other person, firm or business offering alarm systems or services in violation of this part. (b) The commissioner may, after notice and an opportunity for hearing, suspend or revoke a certification or license issued under this part if it is determined that the licensee or certified person has: (1) Made any false statement or given any false information in connection with any application for a license or for the renewal or reinstatement of a license; (2) Violated any provision of this part; (3) Violated any rule promulgated by the commissioner pursuant to the authority contained in this part; (4) Been convicted of any crime indicating lack of good moral character. However, an action taken under this subdivision (b)(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) Failed to correct business practices or procedures that have resulted in a prior reprimand by the commissioner; (6) Impersonated or permitted or aided and abetted any other person to impersonate a law enforcement officer of the United States, this state or any of its political subdivisions; (7) Engaged in or permitted any employee to engage in any alarm contracting business when not lawfully in possession of a valid certification or license issued under this part; (8) Been convicted on an unlawful breaking or entering, assault, battery or kidnapping; (9) Been found guilty by the commissioner of misconduct, gross negligence or incompetence or committed any other act that is a ground for the denial of an application for a certification or a license under this part; or (10) Failed to maintain insurance and bond as required by this part. (c) The commissioner has the power to revoke or suspend any certification or license or renewal granted by it for any of the reasons stated in this section or for a failure to observe the terms and conditions of any certification, license or renewal. (d) The commissioner may refuse to issue or renew a certification or license to any person, firm or corporation for lack of financial stability, misconduct, gross negligence, lack of expertise, submission of false evidence with regard to application of license or renewal, conviction of a felony and any other conduct that constitutes improper, fraudulent or dishonest dealing or violation of this part. (e) The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, governs all matters and procedures regarding the hearing and judicial review of any contested case arising under this part. Amended by 2018 Tenn. Acts, ch. 745, s 17, eff. 7/1/2018. Acts 1991, ch. 400, § 19.
(a) Any person may prefer charges in writing to the commissioner against any certificate holder, licensee, registrant or other person, firm or business offering alarm systems or services in violation of this part.
(b) The commissioner may, after notice and an opportunity for hearing, suspend or revoke a certification or license issued under this part if it is determined that the licensee or certified person has: (1) Made any false statement or given any false information in connection with any application for a license or for the renewal or reinstatement of a license; (2) Violated any provision of this part; (3) Violated any rule promulgated by the commissioner pursuant to the authority contained in this part; (4) Been convicted of any crime indicating lack of good moral character. However, an action taken under this subdivision (b)(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) Failed to correct business practices or procedures that have resulted in a prior reprimand by the commissioner; (6) Impersonated or permitted or aided and abetted any other person to impersonate a law enforcement officer of the United States, this state or any of its political subdivisions; (7) Engaged in or permitted any employee to engage in any alarm contracting business when not lawfully in possession of a valid certification or license issued under this part; (8) Been convicted on an unlawful breaking or entering, assault, battery or kidnapping; (9) Been found guilty by the commissioner of misconduct, gross negligence or incompetence or committed any other act that is a ground for the denial of an application for a certification or a license under this part; or (10) Failed to maintain insurance and bond as required by this part.
(1) Made any false statement or given any false information in connection with any application for a license or for the renewal or reinstatement of a license;
(2) Violated any provision of this part;
(3) Violated any rule promulgated by the commissioner pursuant to the authority contained in this part;
(4) Been convicted of any crime indicating lack of good moral character. However, an action taken under this subdivision (b)(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) Failed to correct business practices or procedures that have resulted in a prior reprimand by the commissioner;
(6) Impersonated or permitted or aided and abetted any other person to impersonate a law enforcement officer of the United States, this state or any of its political subdivisions;
(7) Engaged in or permitted any employee to engage in any alarm contracting business when not lawfully in possession of a valid certification or license issued under this part;
(8) Been convicted on an unlawful breaking or entering, assault, battery or kidnapping;
(9) Been found guilty by the commissioner of misconduct, gross negligence or incompetence or committed any other act that is a ground for the denial of an application for a certification or a license under this part; or
(10) Failed to maintain insurance and bond as required by this part.
(c) The commissioner has the power to revoke or suspend any certification or license or renewal granted by it for any of the reasons stated in this section or for a failure to observe the terms and conditions of any certification, license or renewal.
(d) The commissioner may refuse to issue or renew a certification or license to any person, firm or corporation for lack of financial stability, misconduct, gross negligence, lack of expertise, submission of false evidence with regard to application of license or renewal, conviction of a felony and any other conduct that constitutes improper, fraudulent or dishonest dealing or violation of this part.
(e) The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, governs all matters and procedures regarding the hearing and judicial review of any contested case arising under this part.
Amended by 2018 Tenn. Acts, ch. 745, s 17, eff. 7/1/2018.
Acts 1991, ch. 400, § 19.
Tenn. Code Ann. § 62-32-213 — TN Code / Title 62 / Chapter 32 / Section 62-32-213
Applicability of provisions - State preemption of regulatory field
Status: in_force

This part and the rules promulgated under this part shall have uniform force and effect throughout the state. No political subdivision of this state may adopt and enforce any order, ordinance, rule or regulation requiring any person to obtain any form of permission from the political subdivision to act as a fire extinguisher firm. A political subdivision may require a fire extinguisher system contractor to pay for and obtain a permit for the installation of fire extinguisher systems and require the installation to conform with applicable building codes and requirements; however, the political subdivision may not impose on fire extinguisher system firms qualification or financial responsibility requirements other than proof of a valid certificate of registration issued under this part. Acts 1986, ch. 721, § 14.
This part and the rules promulgated under this part shall have uniform force and effect throughout the state. No political subdivision of this state may adopt and enforce any order, ordinance, rule or regulation requiring any person to obtain any form of permission from the political subdivision to act as a fire extinguisher firm. A political subdivision may require a fire extinguisher system contractor to pay for and obtain a permit for the installation of fire extinguisher systems and require the installation to conform with applicable building codes and requirements; however, the political subdivision may not impose on fire extinguisher system firms qualification or financial responsibility requirements other than proof of a valid certificate of registration issued under this part.
Acts 1986, ch. 721, § 14.
Tenn. Code Ann. § 62-6-130 — TN Code / Title 62 / Chapter 6 / Section 62-6-130
Limited licensed electricians not contractors
Status: in_force

Nothing in this part shall be construed to provide that a limited licensed electrician is a contractor. It is the intent of this part to provide that a limited licensed electrician is subject to the jurisdiction of the board solely for the purposes of licensure and disciplinary proceedings. No limited licensed electrician shall be authorized to use the appellation "contractor" or any other designation that gives or is designed to give the impression that a limited licensed electrician is a contractor unless the limited licensed electrician also holds a valid contractor's license issued by the board. Acts 1999, ch. 238, § 3; 2000, ch. 876, § 12.
Nothing in this part shall be construed to provide that a limited licensed electrician is a contractor. It is the intent of this part to provide that a limited licensed electrician is subject to the jurisdiction of the board solely for the purposes of licensure and disciplinary proceedings. No limited licensed electrician shall be authorized to use the appellation "contractor" or any other designation that gives or is designed to give the impression that a limited licensed electrician is a contractor unless the limited licensed electrician also holds a valid contractor's license issued by the board.
Acts 1999, ch. 238, § 3; 2000, ch. 876, § 12.
Tenn. Code Ann. § 62-35-110 — TN Code / Title 62 / Chapter 35 / Section 62-35-110
Renewal of license
Status: in_force

(a) A contract security company license or renewal of the license shall be valid for a period of two (2) years from the date of issuance. The commissioner shall provide each licensee with a renewal application form sixty (60) days prior to the expiration of the license. (b) The fee for timely renewal of a license shall be in accordance with the schedule promulgated by the commissioner. A penalty fee as prescribed by the commissioner will be assessed on any renewal application postmarked after the expiration date of the license. (c) Licenses may be renewed up to three (3) months after their expiration by the payment of the renewal fee plus a penalty established by the commissioner for each month or portion of a month that elapses before payment is tendered. (d) A renewal application shall be accompanied by a notarized statement sworn to by the applicant as to the number of employees in service. Making a false statement shall be punishable by a civil penalty of two hundred fifty dollars ($250) and assessment of the maximum renewal fee. Acts 1987, ch. 436, § 10; 1988, ch. 717, §§ 2, 4; 1989, ch. 523, § 188; 1996, ch. 1009, § 26.
(a) A contract security company license or renewal of the license shall be valid for a period of two (2) years from the date of issuance. The commissioner shall provide each licensee with a renewal application form sixty (60) days prior to the expiration of the license.
(b) The fee for timely renewal of a license shall be in accordance with the schedule promulgated by the commissioner. A penalty fee as prescribed by the commissioner will be assessed on any renewal application postmarked after the expiration date of the license.
(c) Licenses may be renewed up to three (3) months after their expiration by the payment of the renewal fee plus a penalty established by the commissioner for each month or portion of a month that elapses before payment is tendered.
(d) A renewal application shall be accompanied by a notarized statement sworn to by the applicant as to the number of employees in service. Making a false statement shall be punishable by a civil penalty of two hundred fifty dollars ($250) and assessment of the maximum renewal fee.
Acts 1987, ch. 436, § 10; 1988, ch. 717, §§ 2, 4; 1989, ch. 523, § 188; 1996, ch. 1009, § 26.
Tenn. Code Ann. § 62-4-117 — TN Code / Title 62 / Chapter 4 / Section 62-4-117
Duration and renewal of licenses - Fees - Lapsed licenses
Status: in_force

(a) All cosmetologist, aesthetician, manicurist, natural hair stylist and instructor licenses shall expire on the biennial anniversary date of the licenses and shall be invalid on that date unless renewed. (b) If the board is satisfied that this part has been complied with, licenses issued in accordance with this part may be renewed for another term upon completion and submission of the prescribed form, accompanied by the proper fee as set by the board. (c) A penalty fee as set by the board will be assessed on any renewal application postmarked after the expiration date of the license issued in accordance with this part. (d) Except as provided in subsection (h), a license issued in accordance with this part that has lapsed for three (3) years or longer shall not be reinstated unless the applicant passes the state law and practical examination. (e) Any person who holds, or applies and qualifies for, a cosmetology license on or before August 31, 1987, may practice both cosmetology and aesthetics for so long as the license, and any renewal of the license, remains valid. (f) Any person who holds a manicurist/shampoo license may practice both manicuring and shampooing for so long as the license, and any renewal of the license, remains valid. (g) A person who holds a license under this part as of December 31, 2021, and who is renewing the license 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 license invalid on that date until the person complies with this subsection (g). (h) (1) For the reinstatement of a license required by this part for the practice of a profession listed in subdivision (h)(4) that has been expired for more than three (3) years but less than eight (8) years, the board shall: (A) Waive reexamination or additional education requirements for the applicant; and (B) Reinstate the license subject to the applicant's compliance with reasonable conditions that the board may prescribe, including payment of an additional reasonable fee to be set by the board. (2) Subdivision (h)(1) applies to persons who, at the time of the person's failure to renew the license: (A) Are in good standing with the board; and (B) Have been licensed to practice a profession listed in subdivision (h)(4) for twenty (20) or more years. (3) Subdivision (h)(1) does not apply to licenses required under §§ 62-4-121 and 62-4-122 . (4) Except as otherwise provided, this subsection (h) applies to licenses to practice as the following: (A) Cosmetologist; (B) Manicurist; (C) Aesthetician; and (D) Natural hair stylist. Amended by 2024 Tenn. Acts, ch. 1060,s 17, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 1060,s 16, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 1060,s 15, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 208, s 6, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 208, s 5, eff. 7/1/2023. Amended by 2021 Tenn. Acts, ch. 117, s 16, eff. 4/13/2021. Amended by 2015 Tenn. Acts, ch. 402, s 23, eff. 7/1/2015. Amended by 2014 Tenn. Acts, ch. 964,s 10, eff. 7/1/2014. Amended by 2014 Tenn. Acts, ch. 964,s 9, eff. 7/1/2014. Acts 1986, ch. 817, § 17; 1987, ch. 112, §§ 8, 9, 11; 1988, ch. 902, § 10; 1989, ch. 360, §§ 4, 5; 1989, ch. 523, §§ 115-117, 123; 1990, ch. 1026, § 38; 1996, ch. 897, §§ 9, 10, 24.
(a) All cosmetologist, aesthetician, manicurist, natural hair stylist and instructor licenses shall expire on the biennial anniversary date of the licenses and shall be invalid on that date unless renewed.
(b) If the board is satisfied that this part has been complied with, licenses issued in accordance with this part may be renewed for another term upon completion and submission of the prescribed form, accompanied by the proper fee as set by the board.
(c) A penalty fee as set by the board will be assessed on any renewal application postmarked after the expiration date of the license issued in accordance with this part.
(d) Except as provided in subsection (h), a license issued in accordance with this part that has lapsed for three (3) years or longer shall not be reinstated unless the applicant passes the state law and practical examination.
(e) Any person who holds, or applies and qualifies for, a cosmetology license on or before August 31, 1987, may practice both cosmetology and aesthetics for so long as the license, and any renewal of the license, remains valid.
(f) Any person who holds a manicurist/shampoo license may practice both manicuring and shampooing for so long as the license, and any renewal of the license, remains valid.
(g) A person who holds a license under this part as of December 31, 2021, and who is renewing the license 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 license invalid on that date until the person complies with this subsection (g).
(h) (1) For the reinstatement of a license required by this part for the practice of a profession listed in subdivision (h)(4) that has been expired for more than three (3) years but less than eight (8) years, the board shall: (A) Waive reexamination or additional education requirements for the applicant; and (B) Reinstate the license subject to the applicant's compliance with reasonable conditions that the board may prescribe, including payment of an additional reasonable fee to be set by the board. (2) Subdivision (h)(1) applies to persons who, at the time of the person's failure to renew the license: (A) Are in good standing with the board; and (B) Have been licensed to practice a profession listed in subdivision (h)(4) for twenty (20) or more years. (3) Subdivision (h)(1) does not apply to licenses required under §§ 62-4-121 and 62-4-122 . (4) Except as otherwise provided, this subsection (h) applies to licenses to practice as the following: (A) Cosmetologist; (B) Manicurist; (C) Aesthetician; and (D) Natural hair stylist.
(1) For the reinstatement of a license required by this part for the practice of a profession listed in subdivision (h)(4) that has been expired for more than three (3) years but less than eight (8) years, the board shall: (A) Waive reexamination or additional education requirements for the applicant; and (B) Reinstate the license subject to the applicant's compliance with reasonable conditions that the board may prescribe, including payment of an additional reasonable fee to be set by the board.
(A) Waive reexamination or additional education requirements for the applicant; and
(B) Reinstate the license subject to the applicant's compliance with reasonable conditions that the board may prescribe, including payment of an additional reasonable fee to be set by the board.
(2) Subdivision (h)(1) applies to persons who, at the time of the person's failure to renew the license: (A) Are in good standing with the board; and (B) Have been licensed to practice a profession listed in subdivision (h)(4) for twenty (20) or more years.
(A) Are in good standing with the board; and
(B) Have been licensed to practice a profession listed in subdivision (h)(4) for twenty (20) or more years.
(3) Subdivision (h)(1) does not apply to licenses required under §§ 62-4-121 and 62-4-122 .
(4) Except as otherwise provided, this subsection (h) applies to licenses to practice as the following: (A) Cosmetologist; (B) Manicurist; (C) Aesthetician; and (D) Natural hair stylist.
(A) Cosmetologist;
(B) Manicurist;
(C) Aesthetician; and
(D) Natural hair stylist.
Amended by 2024 Tenn. Acts, ch. 1060,s 17, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 1060,s 16, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 1060,s 15, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 208, s 6, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 208, s 5, eff. 7/1/2023.
Amended by 2021 Tenn. Acts, ch. 117, s 16, eff. 4/13/2021.
Amended by 2015 Tenn. Acts, ch. 402, s 23, eff. 7/1/2015.
Amended by 2014 Tenn. Acts, ch. 964,s 10, eff. 7/1/2014.
Amended by 2014 Tenn. Acts, ch. 964,s 9, eff. 7/1/2014.
Acts 1986, ch. 817, § 17; 1987, ch. 112, §§ 8, 9, 11; 1988, ch. 902, § 10; 1989, ch. 360, §§ 4, 5; 1989, ch. 523, §§ 115-117, 123; 1990, ch. 1026, § 38; 1996, ch. 897, §§ 9, 10, 24.
Tenn. Code Ann. § 62-39-301 — TN Code / Title 62 / Chapter 39 / Section 62-39-301
Application for license, certification or examination - Fingerprinting and criminal history information
Status: in_force

(a) Applications for an initial registration, license or certification, a renewal license or certification and examinations shall be made in writing to the commission on forms approved by the commission. (b) Appropriate fees, as fixed by the commission pursuant to § 62-39-205 , must accompany all applications for an: (1) Initial or renewal registration, license, or certification; and (2) Examination. (c) At the time of filing an application for registration, license or certification, an applicant shall sign a pledge to comply with the standards set forth in this chapter. The pledge shall also state that the applicant understands the types of misconduct for which disciplinary proceedings may be initiated against a registered trainee, licensed real estate appraiser or certified real estate appraiser, as set forth in this chapter. (d) (1) The commission shall require each applicant applying on or after January 1, 2015, for initial registration, licensure, or certification under this chapter to submit a full set of the applicant's fingerprints in order for the commission to obtain and receive national criminal history records from the FBI criminal justice information services division. Unless the commission contracts, or makes use of an existing contract pursuant to subdivision (d)(2), the commission shall submit the applicant's fingerprints and the fee required to perform the criminal history record checks to the Tennessee bureau of investigation and the federal bureau of investigation for state and national criminal history record checks. The commission may require any fingerprints submitted pursuant to this subsection (d) be provided in an electronic format. (2) The commission may contract, or make use of any existing contract with this state, for the collection and transmission of fingerprints authorized under this section. If the commission contracts, or makes use of an existing contract, the commission may order the applicant to pay the fee for collecting and transmitting fingerprints to the contractor. The commission may agree to a reasonable fingerprinting fee to be charged by the contractor to the applicant. (3) The commission shall treat and maintain an applicant's fingerprints and any criminal history record information obtained under this section as confidential and limit the use of records solely to the purposes authorized in this section. The fingerprints and any criminal history record information shall not be subject to subpoena, other than one issued in a criminal action or investigation, and shall be confidential by law and privileged, and shall not be subject to discovery or admissible in evidence in any private civil action. (4) The commission shall refuse to issue an initial registration, license, or certification to an applicant who does not provide fingerprints in compliance with this subsection (d). Amended by 2014 Tenn. Acts, ch. 621, s 2, eff. 1/1/2015. Acts 1990, ch. 865, § 10.
(a) Applications for an initial registration, license or certification, a renewal license or certification and examinations shall be made in writing to the commission on forms approved by the commission.
(b) Appropriate fees, as fixed by the commission pursuant to § 62-39-205 , must accompany all applications for an: (1) Initial or renewal registration, license, or certification; and (2) Examination.
(1) Initial or renewal registration, license, or certification; and
(2) Examination.
(c) At the time of filing an application for registration, license or certification, an applicant shall sign a pledge to comply with the standards set forth in this chapter. The pledge shall also state that the applicant understands the types of misconduct for which disciplinary proceedings may be initiated against a registered trainee, licensed real estate appraiser or certified real estate appraiser, as set forth in this chapter.
(d) (1) The commission shall require each applicant applying on or after January 1, 2015, for initial registration, licensure, or certification under this chapter to submit a full set of the applicant's fingerprints in order for the commission to obtain and receive national criminal history records from the FBI criminal justice information services division. Unless the commission contracts, or makes use of an existing contract pursuant to subdivision (d)(2), the commission shall submit the applicant's fingerprints and the fee required to perform the criminal history record checks to the Tennessee bureau of investigation and the federal bureau of investigation for state and national criminal history record checks. The commission may require any fingerprints submitted pursuant to this subsection (d) be provided in an electronic format. (2) The commission may contract, or make use of any existing contract with this state, for the collection and transmission of fingerprints authorized under this section. If the commission contracts, or makes use of an existing contract, the commission may order the applicant to pay the fee for collecting and transmitting fingerprints to the contractor. The commission may agree to a reasonable fingerprinting fee to be charged by the contractor to the applicant. (3) The commission shall treat and maintain an applicant's fingerprints and any criminal history record information obtained under this section as confidential and limit the use of records solely to the purposes authorized in this section. The fingerprints and any criminal history record information shall not be subject to subpoena, other than one issued in a criminal action or investigation, and shall be confidential by law and privileged, and shall not be subject to discovery or admissible in evidence in any private civil action. (4) The commission shall refuse to issue an initial registration, license, or certification to an applicant who does not provide fingerprints in compliance with this subsection (d).
(1) The commission shall require each applicant applying on or after January 1, 2015, for initial registration, licensure, or certification under this chapter to submit a full set of the applicant's fingerprints in order for the commission to obtain and receive national criminal history records from the FBI criminal justice information services division. Unless the commission contracts, or makes use of an existing contract pursuant to subdivision (d)(2), the commission shall submit the applicant's fingerprints and the fee required to perform the criminal history record checks to the Tennessee bureau of investigation and the federal bureau of investigation for state and national criminal history record checks. The commission may require any fingerprints submitted pursuant to this subsection (d) be provided in an electronic format.
(2) The commission may contract, or make use of any existing contract with this state, for the collection and transmission of fingerprints authorized under this section. If the commission contracts, or makes use of an existing contract, the commission may order the applicant to pay the fee for collecting and transmitting fingerprints to the contractor. The commission may agree to a reasonable fingerprinting fee to be charged by the contractor to the applicant.
(3) The commission shall treat and maintain an applicant's fingerprints and any criminal history record information obtained under this section as confidential and limit the use of records solely to the purposes authorized in this section. The fingerprints and any criminal history record information shall not be subject to subpoena, other than one issued in a criminal action or investigation, and shall be confidential by law and privileged, and shall not be subject to discovery or admissible in evidence in any private civil action.
(4) The commission shall refuse to issue an initial registration, license, or certification to an applicant who does not provide fingerprints in compliance with this subsection (d).
Amended by 2014 Tenn. Acts, ch. 621, s 2, eff. 1/1/2015.
Acts 1990, ch. 865, § 10.
Tenn. Code Ann. § 62-21-126 — TN Code / Title 62 / Chapter 21 / Section 62-21-126
[Repealed]
Status: repealed

Repealed by 2020 Tenn. Acts, ch. 640, s 11, eff. 4/1/2020. Acts 1978, ch. 844, § 26; T.C.A., § 62-2126.
Repealed by 2020 Tenn. Acts, ch. 640, s 11, eff. 4/1/2020.
Acts 1978, ch. 844, § 26; T.C.A., § 62-2126.
Tenn. Code Ann. § 62-2-201 — TN Code / Title 62 / Chapter 2 / Section 62-2-201
Board of examiners - Composition - Terms of members
Status: in_force

(a) (1) There is created a state board of examiners for architects and engineers, called the board in this part and parts 3-8 of this chapter. (2) The board shall include, where possible, at least one (1) female and at least one (1) member of a racial minority. (3) This board shall consist of eight (8) members to be appointed by the governor, three (3) to be registered architects who may be appointed from lists of qualified persons submitted by interested architect groups including, but not limited to, the representative professional architects of the state, three (3) to be registered engineers who may be appointed from lists of qualified persons submitted by interested engineering groups including, but not limited to, the representative professional engineering society of the state, one (1) to be a registered landscape architect who may be appointed from lists of qualified persons submitted by interested landscape architect groups including, but not limited to, the representative professional landscape architecture society of the state, and one (1) to be a registered interior designer who may be appointed from lists of qualified persons submitted by interested interior design groups including, but not limited to, the representative professional interior design society of the state. The governor shall consult with interested statewide architect, engineering, landscape architect, and interior design groups including, but not limited to, the professional societies listed in this subdivision (a)(3) to determine qualified persons to fill the positions. This subdivision (a)(3) shall not apply to the appointment of the public member of the board. (4) In the event of a vacancy on the board for any reason and the governor failing to appoint a successor within three (3) months after the vacancy occurs, the board is empowered to fill that vacancy from the lists of qualified persons submitted by the interested groups, including, but not limited to, the respective societies, until the governor makes an appointment as provided in subdivision (a)(3). (5) Two (2) of the members, one (1) a registered architect and one (1) a registered engineer, shall be appointed from each grand division of the state, to serve for a period of four (4) years. The successor of any member shall be appointed from the grand division of that member. The member who is a registered landscape architect shall be appointed to serve for a period of four (4) years; provided, that the successor of that member shall be appointed from a grand division different from that member's predecessor. The member who is a registered interior designer shall be appointed to serve for a period of four (4) years. (6) Appointments to the board shall be in such manner that the terms of members in the same profession shall expire at different times. (7) Terms of office begin on July 1 of the year of appointment, except that successors may at any time qualify and serve for the remainder of the given term. (b) In addition to members serving on the board under the authority of subsection (a), the board of architects and engineers shall also include one (1) member who is not engaged in the practice of architecture, engineering or landscape architecture. That member shall be a resident of the state and shall possess good moral character. The member shall be appointed by the governor, shall serve for a period of four (4) years and, except as provided in § 62-2-302 , shall be a full member of the board relative to all board matters. (c) (1) In addition to members serving on the board under the authority of subsections (a) and (b), the board shall also include as associate members three (3) registered engineers, who may be appointed by the governor from lists of qualified persons submitted by interested engineering groups, including, but not limited to, the representative professional engineering society of the state. The governor shall consult with such interested engineering groups to determine qualified persons to fill the positions. (2) An associate engineer member shall be appointed from each grand division, to serve for a period of four (4) years; provided, that the first two (2) members appointed under this subsection (c) shall serve for periods of one (1) and two (2) years, respectively. The successor of any associate engineer member shall be appointed from the grand division of the member. (3) Appointments to the board under this subsection (c) shall be in a manner that the terms of the associate engineer members shall expire at different times. (4) Terms of office begin on July 1 of the year of appointment, except that successors may at any time qualify and serve for the remainder of the given term. (5) Associate engineer board members appointed under this subsection (c) shall be subject to § 62-2-202 . (6) Associate engineer members approved under this subsection (c) shall assist the board with routine matters and responsibilities as requested by the board. Associate engineer members shall attend board meetings, committee meetings and other board functions only as required by the board. The associate engineer members shall have no voting privileges and are not to be considered as members for quorum or election purposes. (7) Associate engineer members shall render technical assistance to the board and staff as authorized by the board. Amended by 2016 Tenn. Acts, ch. 610, s 3, eff. 3/22/2016. Acts 1979, ch. 263, § 2; T.C.A., § 62-202; Acts 1988, ch. 990, §§ 10, 11; 1991, ch. 164, §§ 11-13; 1992, ch. 582, § 1; 1995, ch. 198, § 1; 1997 , ch. 33, §§ 4, 5; 2012 , ch. 724, §§ 3, 4.
(a) (1) There is created a state board of examiners for architects and engineers, called the board in this part and parts 3-8 of this chapter. (2) The board shall include, where possible, at least one (1) female and at least one (1) member of a racial minority. (3) This board shall consist of eight (8) members to be appointed by the governor, three (3) to be registered architects who may be appointed from lists of qualified persons submitted by interested architect groups including, but not limited to, the representative professional architects of the state, three (3) to be registered engineers who may be appointed from lists of qualified persons submitted by interested engineering groups including, but not limited to, the representative professional engineering society of the state, one (1) to be a registered landscape architect who may be appointed from lists of qualified persons submitted by interested landscape architect groups including, but not limited to, the representative professional landscape architecture society of the state, and one (1) to be a registered interior designer who may be appointed from lists of qualified persons submitted by interested interior design groups including, but not limited to, the representative professional interior design society of the state. The governor shall consult with interested statewide architect, engineering, landscape architect, and interior design groups including, but not limited to, the professional societies listed in this subdivision (a)(3) to determine qualified persons to fill the positions. This subdivision (a)(3) shall not apply to the appointment of the public member of the board. (4) In the event of a vacancy on the board for any reason and the governor failing to appoint a successor within three (3) months after the vacancy occurs, the board is empowered to fill that vacancy from the lists of qualified persons submitted by the interested groups, including, but not limited to, the respective societies, until the governor makes an appointment as provided in subdivision (a)(3). (5) Two (2) of the members, one (1) a registered architect and one (1) a registered engineer, shall be appointed from each grand division of the state, to serve for a period of four (4) years. The successor of any member shall be appointed from the grand division of that member. The member who is a registered landscape architect shall be appointed to serve for a period of four (4) years; provided, that the successor of that member shall be appointed from a grand division different from that member's predecessor. The member who is a registered interior designer shall be appointed to serve for a period of four (4) years. (6) Appointments to the board shall be in such manner that the terms of members in the same profession shall expire at different times. (7) Terms of office begin on July 1 of the year of appointment, except that successors may at any time qualify and serve for the remainder of the given term.
(1) There is created a state board of examiners for architects and engineers, called the board in this part and parts 3-8 of this chapter.
(2) The board shall include, where possible, at least one (1) female and at least one (1) member of a racial minority.
(3) This board shall consist of eight (8) members to be appointed by the governor, three (3) to be registered architects who may be appointed from lists of qualified persons submitted by interested architect groups including, but not limited to, the representative professional architects of the state, three (3) to be registered engineers who may be appointed from lists of qualified persons submitted by interested engineering groups including, but not limited to, the representative professional engineering society of the state, one (1) to be a registered landscape architect who may be appointed from lists of qualified persons submitted by interested landscape architect groups including, but not limited to, the representative professional landscape architecture society of the state, and one (1) to be a registered interior designer who may be appointed from lists of qualified persons submitted by interested interior design groups including, but not limited to, the representative professional interior design society of the state. The governor shall consult with interested statewide architect, engineering, landscape architect, and interior design groups including, but not limited to, the professional societies listed in this subdivision (a)(3) to determine qualified persons to fill the positions. This subdivision (a)(3) shall not apply to the appointment of the public member of the board.
(4) In the event of a vacancy on the board for any reason and the governor failing to appoint a successor within three (3) months after the vacancy occurs, the board is empowered to fill that vacancy from the lists of qualified persons submitted by the interested groups, including, but not limited to, the respective societies, until the governor makes an appointment as provided in subdivision (a)(3).
(5) Two (2) of the members, one (1) a registered architect and one (1) a registered engineer, shall be appointed from each grand division of the state, to serve for a period of four (4) years. The successor of any member shall be appointed from the grand division of that member. The member who is a registered landscape architect shall be appointed to serve for a period of four (4) years; provided, that the successor of that member shall be appointed from a grand division different from that member's predecessor. The member who is a registered interior designer shall be appointed to serve for a period of four (4) years.
(6) Appointments to the board shall be in such manner that the terms of members in the same profession shall expire at different times.
(7) Terms of office begin on July 1 of the year of appointment, except that successors may at any time qualify and serve for the remainder of the given term.
(b) In addition to members serving on the board under the authority of subsection (a), the board of architects and engineers shall also include one (1) member who is not engaged in the practice of architecture, engineering or landscape architecture. That member shall be a resident of the state and shall possess good moral character. The member shall be appointed by the governor, shall serve for a period of four (4) years and, except as provided in § 62-2-302 , shall be a full member of the board relative to all board matters.
(c) (1) In addition to members serving on the board under the authority of subsections (a) and (b), the board shall also include as associate members three (3) registered engineers, who may be appointed by the governor from lists of qualified persons submitted by interested engineering groups, including, but not limited to, the representative professional engineering society of the state. The governor shall consult with such interested engineering groups to determine qualified persons to fill the positions. (2) An associate engineer member shall be appointed from each grand division, to serve for a period of four (4) years; provided, that the first two (2) members appointed under this subsection (c) shall serve for periods of one (1) and two (2) years, respectively. The successor of any associate engineer member shall be appointed from the grand division of the member. (3) Appointments to the board under this subsection (c) shall be in a manner that the terms of the associate engineer members shall expire at different times. (4) Terms of office begin on July 1 of the year of appointment, except that successors may at any time qualify and serve for the remainder of the given term. (5) Associate engineer board members appointed under this subsection (c) shall be subject to § 62-2-202 . (6) Associate engineer members approved under this subsection (c) shall assist the board with routine matters and responsibilities as requested by the board. Associate engineer members shall attend board meetings, committee meetings and other board functions only as required by the board. The associate engineer members shall have no voting privileges and are not to be considered as members for quorum or election purposes. (7) Associate engineer members shall render technical assistance to the board and staff as authorized by the board.
(1) In addition to members serving on the board under the authority of subsections (a) and (b), the board shall also include as associate members three (3) registered engineers, who may be appointed by the governor from lists of qualified persons submitted by interested engineering groups, including, but not limited to, the representative professional engineering society of the state. The governor shall consult with such interested engineering groups to determine qualified persons to fill the positions.
(2) An associate engineer member shall be appointed from each grand division, to serve for a period of four (4) years; provided, that the first two (2) members appointed under this subsection (c) shall serve for periods of one (1) and two (2) years, respectively. The successor of any associate engineer member shall be appointed from the grand division of the member.
(3) Appointments to the board under this subsection (c) shall be in a manner that the terms of the associate engineer members shall expire at different times.
(4) Terms of office begin on July 1 of the year of appointment, except that successors may at any time qualify and serve for the remainder of the given term.
(5) Associate engineer board members appointed under this subsection (c) shall be subject to § 62-2-202 .
(6) Associate engineer members approved under this subsection (c) shall assist the board with routine matters and responsibilities as requested by the board. Associate engineer members shall attend board meetings, committee meetings and other board functions only as required by the board. The associate engineer members shall have no voting privileges and are not to be considered as members for quorum or election purposes.
(7) Associate engineer members shall render technical assistance to the board and staff as authorized by the board.
Amended by 2016 Tenn. Acts, ch. 610, s 3, eff. 3/22/2016.
Acts 1979, ch. 263, § 2; T.C.A., § 62-202; Acts 1988, ch. 990, §§ 10, 11; 1991, ch. 164, §§ 11-13; 1992, ch. 582, § 1; 1995, ch. 198, § 1; 1997 , ch. 33, §§ 4, 5; 2012 , ch. 724, §§ 3, 4.
Tenn. Code Ann. § 62-5-317 — TN Code / Title 62 / Chapter 5 / Section 62-5-317
Grounds for denial, suspension or revocation of license
Status: in_force

(a) The board may refuse to grant or may suspend, revoke or refuse to renew any license granted to any person under this chapter if: (1) The applicant for or holder of the license obtained the license by fraud or misrepresentation either in the application for the license or in passing the examination for the license; (2) The applicant for or holder of the license has been convicted of a felony or crime involving moral turpitude. However, an action taken under this subdivision (a)(2) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title; (3) The applicant for or holder of the license has been guilty of willfully violating any section of this chapter or any rule or regulation of the state or local board of health governing the disposition of dead human bodies; (4) The applicant for or holder of the license has been guilty of immoral or unprofessional conduct; (5) The applicant for or holder of the license knowingly permits an unlicensed person to engage in the profession or business of funeral directing or embalming under the applicant's or holder's supervision; (6) The applicant for or holder of the license has been guilty of habitual drunkenness or is addicted to the use of morphine, cocaine or other habit-forming drugs; (7) The applicant for or holder of the license has been guilty of refusing to promptly surrender the custody of a dead human body upon the expressed order of the person legally entitled to the body; (8) The applicant has received payment directly or indirectly or has caused to be paid directly or indirectly any sum of money or other valuable consideration for the securing of business or for obtaining authority to dispose of dead human bodies; or (9) The applicant or holder performs services after December 31, 1968, in a professional capacity as a funeral director or embalmer, or both, for any unlicensed funeral establishment operating in violation of this chapter. (b) In addition, the board may refuse to grant or may suspend, revoke or refuse to renew any license granted for the operation of a funeral establishment or to any funeral director or embalmer under this chapter for: (1) Misrepresentation or fraud in the conduct of the business of the funeral establishment; (2) False or misleading advertising; (3) Solicitation of dead human bodies by the licensee, the licensee's agents, assistants or employees, whether the solicitation occurs after death or when death is imminent; provided, that this shall not be deemed to prohibit general advertising. Nothing in this subdivision (b)(3) shall, however, prohibit, prevent or in any way restrict the sale of burial protection or burial insurance; (4) Employment directly or indirectly of any apprentice, agent, assistant, employee or other person, on a part-time or full-time basis or on commission, for the purpose of calling upon individuals or institutions by whose influence dead human bodies may be turned over to a particular funeral establishment; (5) The direct or indirect payment or offer of payment of a fee by the licensee or the licensee's agents, assistants or employees for the purpose of securing general establishment business; (6) Aiding or abetting an unlicensed person to practice within the funeral profession; (7) Solicitation or acceptance by the licensee of a rebate in consideration for recommending or causing a dead human body to be disposed of in any crematory, mausoleum or cemetery; (8) Using any casket or part of a casket that has previously been used as a receptacle for, or in connection with, the burial or other disposition of a dead human body, except the shipping of another dead human body; or where disposition of the dead human body is to be by cremation, it shall be permissible to utilize a previously used casket shell for viewing the remains if, and only if, a new interior or interior insert is installed prior to each usage of the casket shell; (9) Any willful violation of any state law or municipal or county ordinance or regulation affecting the handling or custody, care or transportation of dead human bodies; (10) Fraud or misrepresentation in renewing a license to operate a funeral establishment; (11) Unreasonably refusing to promptly surrender the custody of a dead human body upon the express order of the person lawfully entitled to the custody of the dead human body; (12) Knowingly making any false statement on the certificate of death; (13) A violation of any statutes pertaining to the prearrangement or prefinancing, or both, of a funeral in this state; (14) Supplying another person with false or misleading information concerning any law that requires embalmment of deceased persons; (15) Solicitation or acceptance by the licensee of a fee for the affixing or attaching of a permanent identification device to a dead human body that is placed in a casket to be interred or entombed; (16) Solicitation or acceptance by the licensee of a fee for the placing of a permanent identification device in a crematory urn before placing human remains in the urn; (17) Failure to comply with any of the provisions of this chapter or any rule or regulation promulgated or adopted by the board; (18) The applicant or licensee providing a monetary contribution in exchange for a business referral to any hospice providing hospice services as defined in § 68-11-201 , or to any officer, administrator, board member, or employee of a hospice providing hospice services as defined in § 68-11-201 ; (19) The applicant or licensee owning five percent (5%) or more of any hospice providing hospice services as defined in § 68-11-201 ; or (20) The applicant or licensee entering into any type of ownership arrangement with any hospice providing hospice services as defined in § 68-11-201 . (c) Subdivisions (b)(18)-(20) shall not: (1) Preclude a person or legal entity from giving a contribution to a hospice providing hospice services as defined in § 68-11-201 ; or (2) Apply to persons serving on boards or within organizations for which the persons receive no direct compensation but may receive reimbursement for activities related to the organization. Amended by 2018 Tenn. Acts, ch. 745, s 5, eff. 7/1/2018. Amended by 2014 Tenn. Acts, ch. 555, s 2, eff. 7/1/2014. Amended by 2014 Tenn. Acts, ch. 555, s 1, eff. 7/1/2014. Acts 1951, ch. 13, § 15 (Williams, § 7140.15); Acts 1968, ch. 542, § 5; 1975, ch. 346, § 2; 1980, ch. 554, § 11; 1981, ch. 108, § 1; T.C.A. (orig. ed.), § 62-524; Acts 1995, ch. 21, § 2; 1996, ch. 810, § 1; 2002, ch. 809, § 3.
(a) The board may refuse to grant or may suspend, revoke or refuse to renew any license granted to any person under this chapter if: (1) The applicant for or holder of the license obtained the license by fraud or misrepresentation either in the application for the license or in passing the examination for the license; (2) The applicant for or holder of the license has been convicted of a felony or crime involving moral turpitude. However, an action taken under this subdivision (a)(2) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title; (3) The applicant for or holder of the license has been guilty of willfully violating any section of this chapter or any rule or regulation of the state or local board of health governing the disposition of dead human bodies; (4) The applicant for or holder of the license has been guilty of immoral or unprofessional conduct; (5) The applicant for or holder of the license knowingly permits an unlicensed person to engage in the profession or business of funeral directing or embalming under the applicant's or holder's supervision; (6) The applicant for or holder of the license has been guilty of habitual drunkenness or is addicted to the use of morphine, cocaine or other habit-forming drugs; (7) The applicant for or holder of the license has been guilty of refusing to promptly surrender the custody of a dead human body upon the expressed order of the person legally entitled to the body; (8) The applicant has received payment directly or indirectly or has caused to be paid directly or indirectly any sum of money or other valuable consideration for the securing of business or for obtaining authority to dispose of dead human bodies; or (9) The applicant or holder performs services after December 31, 1968, in a professional capacity as a funeral director or embalmer, or both, for any unlicensed funeral establishment operating in violation of this chapter.
(1) The applicant for or holder of the license obtained the license by fraud or misrepresentation either in the application for the license or in passing the examination for the license;
(2) The applicant for or holder of the license has been convicted of a felony or crime involving moral turpitude. However, an action taken under this subdivision (a)(2) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title;
(3) The applicant for or holder of the license has been guilty of willfully violating any section of this chapter or any rule or regulation of the state or local board of health governing the disposition of dead human bodies;
(4) The applicant for or holder of the license has been guilty of immoral or unprofessional conduct;
(5) The applicant for or holder of the license knowingly permits an unlicensed person to engage in the profession or business of funeral directing or embalming under the applicant's or holder's supervision;
(6) The applicant for or holder of the license has been guilty of habitual drunkenness or is addicted to the use of morphine, cocaine or other habit-forming drugs;
(7) The applicant for or holder of the license has been guilty of refusing to promptly surrender the custody of a dead human body upon the expressed order of the person legally entitled to the body;
(8) The applicant has received payment directly or indirectly or has caused to be paid directly or indirectly any sum of money or other valuable consideration for the securing of business or for obtaining authority to dispose of dead human bodies; or
(9) The applicant or holder performs services after December 31, 1968, in a professional capacity as a funeral director or embalmer, or both, for any unlicensed funeral establishment operating in violation of this chapter.
(b) In addition, the board may refuse to grant or may suspend, revoke or refuse to renew any license granted for the operation of a funeral establishment or to any funeral director or embalmer under this chapter for: (1) Misrepresentation or fraud in the conduct of the business of the funeral establishment; (2) False or misleading advertising; (3) Solicitation of dead human bodies by the licensee, the licensee's agents, assistants or employees, whether the solicitation occurs after death or when death is imminent; provided, that this shall not be deemed to prohibit general advertising. Nothing in this subdivision (b)(3) shall, however, prohibit, prevent or in any way restrict the sale of burial protection or burial insurance; (4) Employment directly or indirectly of any apprentice, agent, assistant, employee or other person, on a part-time or full-time basis or on commission, for the purpose of calling upon individuals or institutions by whose influence dead human bodies may be turned over to a particular funeral establishment; (5) The direct or indirect payment or offer of payment of a fee by the licensee or the licensee's agents, assistants or employees for the purpose of securing general establishment business; (6) Aiding or abetting an unlicensed person to practice within the funeral profession; (7) Solicitation or acceptance by the licensee of a rebate in consideration for recommending or causing a dead human body to be disposed of in any crematory, mausoleum or cemetery; (8) Using any casket or part of a casket that has previously been used as a receptacle for, or in connection with, the burial or other disposition of a dead human body, except the shipping of another dead human body; or where disposition of the dead human body is to be by cremation, it shall be permissible to utilize a previously used casket shell for viewing the remains if, and only if, a new interior or interior insert is installed prior to each usage of the casket shell; (9) Any willful violation of any state law or municipal or county ordinance or regulation affecting the handling or custody, care or transportation of dead human bodies; (10) Fraud or misrepresentation in renewing a license to operate a funeral establishment; (11) Unreasonably refusing to promptly surrender the custody of a dead human body upon the express order of the person lawfully entitled to the custody of the dead human body; (12) Knowingly making any false statement on the certificate of death; (13) A violation of any statutes pertaining to the prearrangement or prefinancing, or both, of a funeral in this state; (14) Supplying another person with false or misleading information concerning any law that requires embalmment of deceased persons; (15) Solicitation or acceptance by the licensee of a fee for the affixing or attaching of a permanent identification device to a dead human body that is placed in a casket to be interred or entombed; (16) Solicitation or acceptance by the licensee of a fee for the placing of a permanent identification device in a crematory urn before placing human remains in the urn; (17) Failure to comply with any of the provisions of this chapter or any rule or regulation promulgated or adopted by the board; (18) The applicant or licensee providing a monetary contribution in exchange for a business referral to any hospice providing hospice services as defined in § 68-11-201 , or to any officer, administrator, board member, or employee of a hospice providing hospice services as defined in § 68-11-201 ; (19) The applicant or licensee owning five percent (5%) or more of any hospice providing hospice services as defined in § 68-11-201 ; or (20) The applicant or licensee entering into any type of ownership arrangement with any hospice providing hospice services as defined in § 68-11-201 .
(1) Misrepresentation or fraud in the conduct of the business of the funeral establishment;
(2) False or misleading advertising;
(3) Solicitation of dead human bodies by the licensee, the licensee's agents, assistants or employees, whether the solicitation occurs after death or when death is imminent; provided, that this shall not be deemed to prohibit general advertising. Nothing in this subdivision (b)(3) shall, however, prohibit, prevent or in any way restrict the sale of burial protection or burial insurance;
(4) Employment directly or indirectly of any apprentice, agent, assistant, employee or other person, on a part-time or full-time basis or on commission, for the purpose of calling upon individuals or institutions by whose influence dead human bodies may be turned over to a particular funeral establishment;
(5) The direct or indirect payment or offer of payment of a fee by the licensee or the licensee's agents, assistants or employees for the purpose of securing general establishment business;
(6) Aiding or abetting an unlicensed person to practice within the funeral profession;
(7) Solicitation or acceptance by the licensee of a rebate in consideration for recommending or causing a dead human body to be disposed of in any crematory, mausoleum or cemetery;
(8) Using any casket or part of a casket that has previously been used as a receptacle for, or in connection with, the burial or other disposition of a dead human body, except the shipping of another dead human body; or where disposition of the dead human body is to be by cremation, it shall be permissible to utilize a previously used casket shell for viewing the remains if, and only if, a new interior or interior insert is installed prior to each usage of the casket shell;
(9) Any willful violation of any state law or municipal or county ordinance or regulation affecting the handling or custody, care or transportation of dead human bodies;
(10) Fraud or misrepresentation in renewing a license to operate a funeral establishment;
(11) Unreasonably refusing to promptly surrender the custody of a dead human body upon the express order of the person lawfully entitled to the custody of the dead human body;
(12) Knowingly making any false statement on the certificate of death;
(13) A violation of any statutes pertaining to the prearrangement or prefinancing, or both, of a funeral in this state;
(14) Supplying another person with false or misleading information concerning any law that requires embalmment of deceased persons;
(15) Solicitation or acceptance by the licensee of a fee for the affixing or attaching of a permanent identification device to a dead human body that is placed in a casket to be interred or entombed;
(16) Solicitation or acceptance by the licensee of a fee for the placing of a permanent identification device in a crematory urn before placing human remains in the urn;
(17) Failure to comply with any of the provisions of this chapter or any rule or regulation promulgated or adopted by the board;
(18) The applicant or licensee providing a monetary contribution in exchange for a business referral to any hospice providing hospice services as defined in § 68-11-201 , or to any officer, administrator, board member, or employee of a hospice providing hospice services as defined in § 68-11-201 ;
(19) The applicant or licensee owning five percent (5%) or more of any hospice providing hospice services as defined in § 68-11-201 ; or
(20) The applicant or licensee entering into any type of ownership arrangement with any hospice providing hospice services as defined in § 68-11-201 .
(c) Subdivisions (b)(18)-(20) shall not: (1) Preclude a person or legal entity from giving a contribution to a hospice providing hospice services as defined in § 68-11-201 ; or (2) Apply to persons serving on boards or within organizations for which the persons receive no direct compensation but may receive reimbursement for activities related to the organization.
(1) Preclude a person or legal entity from giving a contribution to a hospice providing hospice services as defined in § 68-11-201 ; or
(2) Apply to persons serving on boards or within organizations for which the persons receive no direct compensation but may receive reimbursement for activities related to the organization.
Amended by 2018 Tenn. Acts, ch. 745, s 5, eff. 7/1/2018.
Amended by 2014 Tenn. Acts, ch. 555, s 2, eff. 7/1/2014.
Amended by 2014 Tenn. Acts, ch. 555, s 1, eff. 7/1/2014.
Acts 1951, ch. 13, § 15 (Williams, § 7140.15); Acts 1968, ch. 542, § 5; 1975, ch. 346, § 2; 1980, ch. 554, § 11; 1981, ch. 108, § 1; T.C.A. (orig. ed.), § 62-524; Acts 1995, ch. 21, § 2; 1996, ch. 810, § 1; 2002, ch. 809, § 3.
Tenn. Code Ann. § 62-30-106 — TN Code / Title 62 / Chapter 30 / Section 62-30-106
Penalties
Status: in_force

(a) Any person violating this chapter commits a Class A misdemeanor and, upon first conviction of the violation, shall be punished by a fine of no less than fifty dollars ($50.00) nor more than one hundred dollars ($100). (b) Any person who subsequently violates this chapter after a first conviction commits a Class E felony and, upon conviction of the violation, shall be punished by imprisonment for a term of no less than one (1) year nor more than two (2) years. Acts 1983, ch. 482, § 5; 1989, ch. 591, §§ 1, 6.
(a) Any person violating this chapter commits a Class A misdemeanor and, upon first conviction of the violation, shall be punished by a fine of no less than fifty dollars ($50.00) nor more than one hundred dollars ($100).
(b) Any person who subsequently violates this chapter after a first conviction commits a Class E felony and, upon conviction of the violation, shall be punished by imprisonment for a term of no less than one (1) year nor more than two (2) years.
Acts 1983, ch. 482, § 5; 1989, ch. 591, §§ 1, 6.
Tenn. Code Ann. § 62-19-110 — TN Code / Title 62 / Chapter 19 / Section 62-19-110
Register of applicants
Status: in_force

(a) The administrative director of the commission shall keep a register of all applicants for license, showing for each the date of application, name, place of business, place of residence and whether the license was granted or refused. (b) The register shall be prima facie evidence of all matters recorded in the register. Acts 1967, ch. 335, § 11; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A., §62-1911; Acts 1983, ch. 250, § 7; 1986, ch. 915, § 2; 1990, ch. 1024, § 31; 1990, ch. 1026, § 23; 1995, ch. 60, §1; 1999, ch. 358, §§ 1, 3.
(a) The administrative director of the commission shall keep a register of all applicants for license, showing for each the date of application, name, place of business, place of residence and whether the license was granted or refused.
(b) The register shall be prima facie evidence of all matters recorded in the register.
Acts 1967, ch. 335, § 11; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A., §62-1911; Acts 1983, ch. 250, § 7; 1986, ch. 915, § 2; 1990, ch. 1024, § 31; 1990, ch. 1026, § 23; 1995, ch. 60, §1; 1999, ch. 358, §§ 1, 3.
Tenn. Code Ann. § 62-21-108 — TN Code / Title 62 / Chapter 21 / Section 62-21-108
Insurance required
Status: in_force

Each application for a charter must be accompanied by evidence that the applicant holds occurrence liability insurance of two hundred fifty thousand dollars ($250,000) for a single occurrence of liability and five hundred thousand dollars ($500,000) aggregate liability for the annual period of insurance. Applicants filing for charters desiring to conduct work in the wood destroying organisms category shall, in addition to the above occurrence liability insurance, hold errors and omissions insurance of one hundred thousand dollars ($100,000) for a single occurrence of liability and three hundred thousand dollars ($300,000) aggregate errors and omissions liability for the annual period of insurance. Acts 1978, ch. 844, § 8; T.C.A., § 62-2108; Acts 1988, ch. 545, § 8; 2000, ch. 668, § 5; 2005, ch. 427, § 2.
Each application for a charter must be accompanied by evidence that the applicant holds occurrence liability insurance of two hundred fifty thousand dollars ($250,000) for a single occurrence of liability and five hundred thousand dollars ($500,000) aggregate liability for the annual period of insurance. Applicants filing for charters desiring to conduct work in the wood destroying organisms category shall, in addition to the above occurrence liability insurance, hold errors and omissions insurance of one hundred thousand dollars ($100,000) for a single occurrence of liability and three hundred thousand dollars ($300,000) aggregate errors and omissions liability for the annual period of insurance.
Acts 1978, ch. 844, § 8; T.C.A., § 62-2108; Acts 1988, ch. 545, § 8; 2000, ch. 668, § 5; 2005, ch. 427, § 2.
Tenn. Code Ann. § 62-1-106 — TN Code / Title 62 / Chapter 1 / Section 62-1-106
Requirements for certification as certified public accountant
Status: in_force

(a) The certificate of certified public accountant shall be granted to persons of good moral character who meet the education, experience and examination requirements of subsections (b)-(g) and who make application for the certificate pursuant to § 62-1-107 . (b) "Good moral character" for purposes of this section means lack of a history of dishonest or felonious acts. (c) (1) The education requirement for a certificate that must be met before an applicant is eligible to receive the certificate described in § 62-1-107 shall be at least one hundred fifty (150) semester hours of college education, including a baccalaureate or higher degree conferred by a college or university acceptable to the board, the total educational program to include an accounting concentration or equivalent as determined by board rule to be appropriate. (2) The board may admit to the examination prescribed in subsection (d) any candidate who has completed a baccalaureate or higher degree conferred by a college or university acceptable to the board, the total educational program to include an accounting concentration or equivalent as determined by board rule to be appropriate. (3) The board may report the results of an examination to the applicant before the educational requirements established by this subsection (c) have been completed, but in no event shall an applicant be eligible for a certificate until the applicant has: (A) Completed the educational requirements set forth in subdivision (c)(1); and (B) Passed the examination required by subsection (d). (d) The examination required to be passed as a condition for the granting of a certificate shall be held at least twice a year and shall test the applicant's knowledge of the subjects of accounting and auditing and other related subjects that the board may specify by rule, including, but not limited to, business law and taxation. The time for holding the examination shall be determined by the board and may be changed from time to time. The board shall prescribe by rule the methods of applying for and conducting the examination, including methods for grading papers and determining a passing grade required of an applicant for a certificate; provided, that the board shall, to the extent possible, see to it that the examination itself, grading of the examination and the passing grades are uniform with those applicable in all other states. The board may make such use of all or any part of the Uniform Certified Public Accountant Examination and Advisory Grading Service of the AICPA and may contract with third parties to perform such administrative services with respect to the examination as it deems appropriate to assist it in performing its duties under this chapter. (e) The board may charge each applicant an examination fee or authorize a third party administering the examination to charge each applicant an examination fee in an amount prescribed by the board. (f) An applicant for initial issuance of a certificate under this section shall show that the applicant has had one (1) year of experience. This experience shall include providing any type of service or advice involving the use of accounting, attest, management advisory, financial advisory, tax or consulting skills, all of which were verified by a licensee. This experience will be acceptable if it is gained through employment in government, industry, academia or public practice. (g) All persons holding a valid certificate as a certified public accountant issued by this state prior to October 1, 1998, shall be deemed to have met the requirements of this section. Amended by 2016 Tenn. Acts, ch. 595, s 2, eff. 3/10/2016. Acts 1998, ch. 700, § 4; 2000, ch. 609, § 1; 2002, ch. 654, §§ 4, 5; 2007 , ch. 19, § 4; 2009 , ch. 26, § 1.
(a) The certificate of certified public accountant shall be granted to persons of good moral character who meet the education, experience and examination requirements of subsections (b)-(g) and who make application for the certificate pursuant to § 62-1-107 .
(b) "Good moral character" for purposes of this section means lack of a history of dishonest or felonious acts.
(c) (1) The education requirement for a certificate that must be met before an applicant is eligible to receive the certificate described in § 62-1-107 shall be at least one hundred fifty (150) semester hours of college education, including a baccalaureate or higher degree conferred by a college or university acceptable to the board, the total educational program to include an accounting concentration or equivalent as determined by board rule to be appropriate. (2) The board may admit to the examination prescribed in subsection (d) any candidate who has completed a baccalaureate or higher degree conferred by a college or university acceptable to the board, the total educational program to include an accounting concentration or equivalent as determined by board rule to be appropriate. (3) The board may report the results of an examination to the applicant before the educational requirements established by this subsection (c) have been completed, but in no event shall an applicant be eligible for a certificate until the applicant has: (A) Completed the educational requirements set forth in subdivision (c)(1); and (B) Passed the examination required by subsection (d).
(1) The education requirement for a certificate that must be met before an applicant is eligible to receive the certificate described in § 62-1-107 shall be at least one hundred fifty (150) semester hours of college education, including a baccalaureate or higher degree conferred by a college or university acceptable to the board, the total educational program to include an accounting concentration or equivalent as determined by board rule to be appropriate.
(2) The board may admit to the examination prescribed in subsection (d) any candidate who has completed a baccalaureate or higher degree conferred by a college or university acceptable to the board, the total educational program to include an accounting concentration or equivalent as determined by board rule to be appropriate.
(3) The board may report the results of an examination to the applicant before the educational requirements established by this subsection (c) have been completed, but in no event shall an applicant be eligible for a certificate until the applicant has: (A) Completed the educational requirements set forth in subdivision (c)(1); and (B) Passed the examination required by subsection (d).
(A) Completed the educational requirements set forth in subdivision (c)(1); and
(B) Passed the examination required by subsection (d).
(d) The examination required to be passed as a condition for the granting of a certificate shall be held at least twice a year and shall test the applicant's knowledge of the subjects of accounting and auditing and other related subjects that the board may specify by rule, including, but not limited to, business law and taxation. The time for holding the examination shall be determined by the board and may be changed from time to time. The board shall prescribe by rule the methods of applying for and conducting the examination, including methods for grading papers and determining a passing grade required of an applicant for a certificate; provided, that the board shall, to the extent possible, see to it that the examination itself, grading of the examination and the passing grades are uniform with those applicable in all other states. The board may make such use of all or any part of the Uniform Certified Public Accountant Examination and Advisory Grading Service of the AICPA and may contract with third parties to perform such administrative services with respect to the examination as it deems appropriate to assist it in performing its duties under this chapter.
(e) The board may charge each applicant an examination fee or authorize a third party administering the examination to charge each applicant an examination fee in an amount prescribed by the board.
(f) An applicant for initial issuance of a certificate under this section shall show that the applicant has had one (1) year of experience. This experience shall include providing any type of service or advice involving the use of accounting, attest, management advisory, financial advisory, tax or consulting skills, all of which were verified by a licensee. This experience will be acceptable if it is gained through employment in government, industry, academia or public practice.
(g) All persons holding a valid certificate as a certified public accountant issued by this state prior to October 1, 1998, shall be deemed to have met the requirements of this section.
Amended by 2016 Tenn. Acts, ch. 595, s 2, eff. 3/10/2016.
Acts 1998, ch. 700, § 4; 2000, ch. 609, § 1; 2002, ch. 654, §§ 4, 5; 2007 , ch. 19, § 4; 2009 , ch. 26, § 1.
Tenn. Code Ann. § 62-2-107 — TN Code / Title 62 / Chapter 2 / Section 62-2-107
Employment of licensees on public works - Excluded public works
Status: in_force

(a) Neither the state, nor any county, city, town or village or other political subdivision of the state, shall engage in the construction or maintenance of any public work involving architecture, engineering or landscape architecture for which the plans, specifications and estimates have not been made by a registered architect, registered engineer or registered landscape architect. (b) (1) Nothing in this section shall be held to apply to such public work if: (A) The contemplated expenditure for the complete project does not exceed fifty thousand dollars ($50,000), and the work does not alter the structural, mechanical or electrical system of the project; or (B) The contemplated expenditure for the complete project does not exceed one hundred thousand dollars ($100,000), the project is located in a state park, and the work is solely maintenance, as defined in the policy and procedures of the state building commission. (2) For a public work located in a state park, existing plans may be used as a basis of design if the plans have been designed and sealed by a registered architect, engineer, or landscape architect and a registered architect, engineer, or landscape architect reviews such plans for compliance with all applicable codes and standards and appropriateness for the site conditions of the project, makes changes if required, and seals the plans in accordance with the requirements of this chapter. (c) For the purposes of this chapter, "public work" does not include construction, reconstruction or renovation of all or any part of an electric distribution system owned or operated directly or through a board by a municipality, county, power district or other subdivision of this state that is to be constructed, reconstructed or renovated according to specifications established in the American National Standard Electrical Safety Code, the National Electrical Code or other recognized specifications governing design and construction requirements for such facilities. Notwithstanding this subsection (c), "electrical distribution system" does not include any office buildings, warehouses or other structures containing walls and a roof that are to be open to the general public. Amended by 2015 Tenn. Acts, ch. 403,s 1, eff. 5/8/2015. Acts 1979, ch. 263, § 36; T.C.A., § 62-236; Acts 1988, ch. 990, § 9; 1994, ch. 644, § 3; 2012, ch. 927, § 1.
(a) Neither the state, nor any county, city, town or village or other political subdivision of the state, shall engage in the construction or maintenance of any public work involving architecture, engineering or landscape architecture for which the plans, specifications and estimates have not been made by a registered architect, registered engineer or registered landscape architect.
(b) (1) Nothing in this section shall be held to apply to such public work if: (A) The contemplated expenditure for the complete project does not exceed fifty thousand dollars ($50,000), and the work does not alter the structural, mechanical or electrical system of the project; or (B) The contemplated expenditure for the complete project does not exceed one hundred thousand dollars ($100,000), the project is located in a state park, and the work is solely maintenance, as defined in the policy and procedures of the state building commission. (2) For a public work located in a state park, existing plans may be used as a basis of design if the plans have been designed and sealed by a registered architect, engineer, or landscape architect and a registered architect, engineer, or landscape architect reviews such plans for compliance with all applicable codes and standards and appropriateness for the site conditions of the project, makes changes if required, and seals the plans in accordance with the requirements of this chapter.
(1) Nothing in this section shall be held to apply to such public work if: (A) The contemplated expenditure for the complete project does not exceed fifty thousand dollars ($50,000), and the work does not alter the structural, mechanical or electrical system of the project; or (B) The contemplated expenditure for the complete project does not exceed one hundred thousand dollars ($100,000), the project is located in a state park, and the work is solely maintenance, as defined in the policy and procedures of the state building commission.
(A) The contemplated expenditure for the complete project does not exceed fifty thousand dollars ($50,000), and the work does not alter the structural, mechanical or electrical system of the project; or
(B) The contemplated expenditure for the complete project does not exceed one hundred thousand dollars ($100,000), the project is located in a state park, and the work is solely maintenance, as defined in the policy and procedures of the state building commission.
(2) For a public work located in a state park, existing plans may be used as a basis of design if the plans have been designed and sealed by a registered architect, engineer, or landscape architect and a registered architect, engineer, or landscape architect reviews such plans for compliance with all applicable codes and standards and appropriateness for the site conditions of the project, makes changes if required, and seals the plans in accordance with the requirements of this chapter.
(c) For the purposes of this chapter, "public work" does not include construction, reconstruction or renovation of all or any part of an electric distribution system owned or operated directly or through a board by a municipality, county, power district or other subdivision of this state that is to be constructed, reconstructed or renovated according to specifications established in the American National Standard Electrical Safety Code, the National Electrical Code or other recognized specifications governing design and construction requirements for such facilities. Notwithstanding this subsection (c), "electrical distribution system" does not include any office buildings, warehouses or other structures containing walls and a roof that are to be open to the general public.
Amended by 2015 Tenn. Acts, ch. 403,s 1, eff. 5/8/2015.
Acts 1979, ch. 263, § 36; T.C.A., § 62-236; Acts 1988, ch. 990, § 9; 1994, ch. 644, § 3; 2012, ch. 927, § 1.
Tenn. Code Ann. § 62-20-116 — TN Code / Title 62 / Chapter 20 / Section 62-20-116
Actions required at expiration or revocation of license
Status: in_force

(a) Upon the expiration or revocation of any license held under this chapter, the licensee shall: (1) Within ninety (90) days, return or assign all uncollected accounts to the licensee's clients or their order; (2) Not charge or receive any fee or compensation for the return or assignment of uncollected accounts; (3) Not charge or receive any fee or compensation on any moneys received or collected subsequent to the expiration, suspension or revocation; and (4) Within ninety (90) days, remit all moneys to the owners of the accounts on which the moneys were paid. (b) This section shall not be construed to: (1) Prohibit a bulk sale of the business, assets and good will of a collection service whose license becomes invalid; or (2) Deprive a licensee of the privilege of late renewal granted by § 62-20-112 . Amended by 2013 Tenn. Acts, ch. 180, s 9, eff. 4/23/2013. Acts 1981, ch. 170, § 16; 1988, ch. 823, § 29.
(a) Upon the expiration or revocation of any license held under this chapter, the licensee shall: (1) Within ninety (90) days, return or assign all uncollected accounts to the licensee's clients or their order; (2) Not charge or receive any fee or compensation for the return or assignment of uncollected accounts; (3) Not charge or receive any fee or compensation on any moneys received or collected subsequent to the expiration, suspension or revocation; and (4) Within ninety (90) days, remit all moneys to the owners of the accounts on which the moneys were paid.
(1) Within ninety (90) days, return or assign all uncollected accounts to the licensee's clients or their order;
(2) Not charge or receive any fee or compensation for the return or assignment of uncollected accounts;
(3) Not charge or receive any fee or compensation on any moneys received or collected subsequent to the expiration, suspension or revocation; and
(4) Within ninety (90) days, remit all moneys to the owners of the accounts on which the moneys were paid.
(b) This section shall not be construed to: (1) Prohibit a bulk sale of the business, assets and good will of a collection service whose license becomes invalid; or (2) Deprive a licensee of the privilege of late renewal granted by § 62-20-112 .
(1) Prohibit a bulk sale of the business, assets and good will of a collection service whose license becomes invalid; or
(2) Deprive a licensee of the privilege of late renewal granted by § 62-20-112 .
Amended by 2013 Tenn. Acts, ch. 180, s 9, eff. 4/23/2013.
Acts 1981, ch. 170, § 16; 1988, ch. 823, § 29.
Tenn. Code Ann. § 62-13-602 — TN Code / Title 62 / Chapter 13 / Section 62-13-602
Reasonable cause to solicit referral fee
Status: in_force

Reasonable cause does not exist unless the party seeking the referral fee actually introduced the business to the real estate licensee from whom the referral fee is sought and at least one (1) of the following other conditions exists as between the party seeking the referral fee and the real estate licensee from whom the referral fee is sought: (1) Sub-agency relationship; (2) Contractual referral fee relationship; or (3) Contractual cooperative brokerage relationship. Acts 1999, ch. 160, § 3.
Reasonable cause does not exist unless the party seeking the referral fee actually introduced the business to the real estate licensee from whom the referral fee is sought and at least one (1) of the following other conditions exists as between the party seeking the referral fee and the real estate licensee from whom the referral fee is sought:
(1) Sub-agency relationship;
(2) Contractual referral fee relationship; or
(3) Contractual cooperative brokerage relationship.
Acts 1999, ch. 160, § 3.
Tenn. Code Ann. § 62-2-502 — TN Code / Title 62 / Chapter 2 / Section 62-2-502
Degree accreditation of architecture schools
Status: in_force

(a) An accredited degree in architecture shall be one that was accredited by the National Architectural Accrediting Board (N.A.A.B.) at the time of graduation, or graduation was not more than two (2) academic years prior to accreditation. For the purposes of this chapter, a state-supported school of architecture approved by the Tennessee higher education commission is deemed to have an accredited degree curriculum. (b) Approval of a curriculum that is not accredited under the terms of subsection (a) shall be at the discretion of the board and upon the basis of certified information submitted by the school for the full period attended by the applicant. Acts 1979, ch. 263, § 16; T.C.A., § 62-216; Acts 1983, ch. 71, §§ 4, 5.
(a) An accredited degree in architecture shall be one that was accredited by the National Architectural Accrediting Board (N.A.A.B.) at the time of graduation, or graduation was not more than two (2) academic years prior to accreditation. For the purposes of this chapter, a state-supported school of architecture approved by the Tennessee higher education commission is deemed to have an accredited degree curriculum.
(b) Approval of a curriculum that is not accredited under the terms of subsection (a) shall be at the discretion of the board and upon the basis of certified information submitted by the school for the full period attended by the applicant.
Acts 1979, ch. 263, § 16; T.C.A., § 62-216; Acts 1983, ch. 71, §§ 4, 5.