Tenn. Code Ann. § 62-35-117 — TN Code / Title 62 / Chapter 35 / Section 62-35-117
Registration cards - Qualifications of applicants
Status: in_force

Each applicant for a registration card must: (1) Be at least twenty-one (21) years of age if applying for an armed registration card or at least eighteen (18) years of age if applying for unarmed registration; (2) Be a citizen of the United States or resident alien; (3) Not have been declared by any court of competent jurisdiction incompetent by reason of mental defect or disease unless a court of competent jurisdiction has since declared the applicant competent; (4) If convicted in any jurisdiction of any of the crimes listed in this subdivision (4), have completed serving sentence or court ordered probation at least five (5) years prior to application. Conviction of the following crimes shall disqualify an applicant, subject to the conditions stated in this section: (A) Any felony; or (B) Any misdemeanor involving: (i) Shooting a firearm or other weapon; (ii) Shoplifting; (iii) Assault and battery or other act of violence against persons or property; (iv) Crimes involving the sale, manufacture or distribution of controlled substances, controlled substance analogues, drugs or narcotics; (v) Theft of property; or (vi) Theft of services; (5) Not be suffering from habitual drunkenness or narcotics addiction or dependence; (6) Not have any disability that, in the opinion of the commissioner, prevents the applicant from performing the duties of a security guard/officer; and (7) Be of good moral character. Acts 1987, ch. 436, § 17; 1988, ch. 987, § 16; 1993, ch. 200, §2; 2012 , ch. 848, § 64.
Each applicant for a registration card must:
(1) Be at least twenty-one (21) years of age if applying for an armed registration card or at least eighteen (18) years of age if applying for unarmed registration;
(2) Be a citizen of the United States or resident alien;
(3) Not have been declared by any court of competent jurisdiction incompetent by reason of mental defect or disease unless a court of competent jurisdiction has since declared the applicant competent;
(4) If convicted in any jurisdiction of any of the crimes listed in this subdivision (4), have completed serving sentence or court ordered probation at least five (5) years prior to application. Conviction of the following crimes shall disqualify an applicant, subject to the conditions stated in this section: (A) Any felony; or (B) Any misdemeanor involving: (i) Shooting a firearm or other weapon; (ii) Shoplifting; (iii) Assault and battery or other act of violence against persons or property; (iv) Crimes involving the sale, manufacture or distribution of controlled substances, controlled substance analogues, drugs or narcotics; (v) Theft of property; or (vi) Theft of services;
(A) Any felony; or
(B) Any misdemeanor involving: (i) Shooting a firearm or other weapon; (ii) Shoplifting; (iii) Assault and battery or other act of violence against persons or property; (iv) Crimes involving the sale, manufacture or distribution of controlled substances, controlled substance analogues, drugs or narcotics; (v) Theft of property; or (vi) Theft of services;
(i) Shooting a firearm or other weapon;
(ii) Shoplifting;
(iii) Assault and battery or other act of violence against persons or property;
(iv) Crimes involving the sale, manufacture or distribution of controlled substances, controlled substance analogues, drugs or narcotics;
(v) Theft of property; or
(vi) Theft of services;
(5) Not be suffering from habitual drunkenness or narcotics addiction or dependence;
(6) Not have any disability that, in the opinion of the commissioner, prevents the applicant from performing the duties of a security guard/officer; and
(7) Be of good moral character.
Acts 1987, ch. 436, § 17; 1988, ch. 987, § 16; 1993, ch. 200, §2; 2012 , ch. 848, § 64.
Tenn. Code Ann. § 62-2-106 — TN Code / Title 62 / Chapter 2 / Section 62-2-106
Enforcement
Status: in_force

(a) It is the duty of the state board of examiners for architects and engineers to inquire into the identity of any person claiming to be an architect, engineer, landscape architect or registered interior designer and to prosecute any person or persons violating this chapter. (b) The board may, when it deems appropriate, seek civil remedies at law or equity to restrain or enjoin any unauthorized practice or other violation of this chapter. Acts 1979, ch. 263, § 35; T.C.A., § 62-235; Acts 1988, ch. 990, § 8; 1991, ch. 164, § 10; 1997, ch. 33, § 3.
(a) It is the duty of the state board of examiners for architects and engineers to inquire into the identity of any person claiming to be an architect, engineer, landscape architect or registered interior designer and to prosecute any person or persons violating this chapter.
(b) The board may, when it deems appropriate, seek civil remedies at law or equity to restrain or enjoin any unauthorized practice or other violation of this chapter.
Acts 1979, ch. 263, § 35; T.C.A., § 62-235; Acts 1988, ch. 990, § 8; 1991, ch. 164, § 10; 1997, ch. 33, § 3.
Tenn. Code Ann. § 62-2-906 — TN Code / Title 62 / Chapter 2 / Section 62-2-906
Corporations, partnerships or firms - Use of title "interior designer" or "registered interior designer."
Status: in_force

(a) A corporation, partnership or firm may use the title "registered interior designer;" provided, that at least one (1) of the principals or officers of the corporation, partnership or firm is in responsible charge of the practice and is registered as a registered interior designer under this chapter. (b) Any person, firm, company, business, corporation or other entity that was organized and doing business prior to April 16, 1991, and whose corporate name includes the appellation "interior design" may continue to use the corporate name and shall not be required to register pursuant to this chapter. (c) Nothing in this section shall be construed to authorize persons employed by such entities to use the title "registered interior designer" unless the persons are registered pursuant to this chapter. Acts 1991, ch. 164, § 7; 1995, ch. 113, § 11; 1997, ch. 33, § 19.
(a) A corporation, partnership or firm may use the title "registered interior designer;" provided, that at least one (1) of the principals or officers of the corporation, partnership or firm is in responsible charge of the practice and is registered as a registered interior designer under this chapter.
(b) Any person, firm, company, business, corporation or other entity that was organized and doing business prior to April 16, 1991, and whose corporate name includes the appellation "interior design" may continue to use the corporate name and shall not be required to register pursuant to this chapter.
(c) Nothing in this section shall be construed to authorize persons employed by such entities to use the title "registered interior designer" unless the persons are registered pursuant to this chapter.
Acts 1991, ch. 164, § 7; 1995, ch. 113, § 11; 1997, ch. 33, § 19.
Tenn. Code Ann. § 62-13-317 — TN Code / Title 62 / Chapter 13 / Section 62-13-317
Directory of licensed brokers and affiliate brokers
Status: in_force

(a) The commission may, from time to time, at its discretion, publish a directory of all brokers and affiliate brokers licensed by the commission. The directory shall contain other data that the commission may determine to be in the interest of the public. (b) The directory shall be mailed to and placed on file in the office of the county clerk of each county. Acts 1973, ch. 181, § 19(b); impl. am. Acts 1978, ch. 754, § 8; Acts 1980, ch. 707, § 2; T.C.A., § 62-1336; Acts 1982, ch. 864, § 10.
(a) The commission may, from time to time, at its discretion, publish a directory of all brokers and affiliate brokers licensed by the commission. The directory shall contain other data that the commission may determine to be in the interest of the public.
(b) The directory shall be mailed to and placed on file in the office of the county clerk of each county.
Acts 1973, ch. 181, § 19(b); impl. am. Acts 1978, ch. 754, § 8; Acts 1980, ch. 707, § 2; T.C.A., § 62-1336; Acts 1982, ch. 864, § 10.
Tenn. Code Ann. § 62-18-214 — TN Code / Title 62 / Chapter 18 / Section 62-18-214
Roster of licensed soil scientists
Status: in_force

A roster showing the names and places of business of all licensed soil scientists shall be prepared by the commissioner each year. Copies of this roster shall be placed on file with the secretary of state and furnished to any licensee upon request, free of charge, or to the public upon request and payment of a fee, not to exceed actual cost, to be established by the commissioner. Acts 2010, ch. 1032, § 15.
A roster showing the names and places of business of all licensed soil scientists shall be prepared by the commissioner each year. Copies of this roster shall be placed on file with the secretary of state and furnished to any licensee upon request, free of charge, or to the public upon request and payment of a fee, not to exceed actual cost, to be established by the commissioner.
Acts 2010, ch. 1032, § 15.
Tenn. Code Ann. § 62-20-105 — TN Code / Title 62 / Chapter 20 / Section 62-20-105
License requirement
Status: in_force

(a) No person shall commence, conduct or operate any collection service business in this state unless the person holds a valid collection service license issued by the board under this chapter or prior state law. (b) Regular employees of licensed collection services need not procure a separate collection service license. (c) [Deleted by 2021 amendment.] (d) Nothing in this chapter shall be construed to impair or impede the obligation of any contract, delinquent account, bills or other forms of indebtedness, nor prevent or deny any person the right to purchase, sell, assign, or take by assignment any obligation. (e) Notwithstanding subsection (a), no debt or obligation that has been collected by a voluntary payment or by a final judgment of any court may be set aside or challenged based on the lack of a license. (f) Any person who is alleged to have violated subsection (a) in the collection of a delinquent account, bill or other form of indebtedness: (1) May cure the default at any time, even after collection may have started, by filing an application for a license with the collection services board as provided in this chapter, and the board may not use a prior collection effort in violation of this section or § 62-20-124 as a basis or consideration for the denial of a license; and (2) May be subject to sanction by the collection service board, but may not be subject to other civil action or defense based on such alleged violation. Amended by 2021 Tenn. Acts, ch. 549, s 33, eff. 10/1/2021. Amended by 2014 Tenn. Acts, ch. 996,s 4, eff. 5/22/2014. Acts 1981, ch. 170, § 5; 1988, ch. 823, § 6; 1990, ch. 1026, § 10.
(a) No person shall commence, conduct or operate any collection service business in this state unless the person holds a valid collection service license issued by the board under this chapter or prior state law.
(b) Regular employees of licensed collection services need not procure a separate collection service license.
(c) [Deleted by 2021 amendment.]
(d) Nothing in this chapter shall be construed to impair or impede the obligation of any contract, delinquent account, bills or other forms of indebtedness, nor prevent or deny any person the right to purchase, sell, assign, or take by assignment any obligation.
(e) Notwithstanding subsection (a), no debt or obligation that has been collected by a voluntary payment or by a final judgment of any court may be set aside or challenged based on the lack of a license.
(f) Any person who is alleged to have violated subsection (a) in the collection of a delinquent account, bill or other form of indebtedness: (1) May cure the default at any time, even after collection may have started, by filing an application for a license with the collection services board as provided in this chapter, and the board may not use a prior collection effort in violation of this section or § 62-20-124 as a basis or consideration for the denial of a license; and (2) May be subject to sanction by the collection service board, but may not be subject to other civil action or defense based on such alleged violation.
(1) May cure the default at any time, even after collection may have started, by filing an application for a license with the collection services board as provided in this chapter, and the board may not use a prior collection effort in violation of this section or § 62-20-124 as a basis or consideration for the denial of a license; and
(2) May be subject to sanction by the collection service board, but may not be subject to other civil action or defense based on such alleged violation.
Amended by 2021 Tenn. Acts, ch. 549, s 33, eff. 10/1/2021.
Amended by 2014 Tenn. Acts, ch. 996,s 4, eff. 5/22/2014.
Acts 1981, ch. 170, § 5; 1988, ch. 823, § 6; 1990, ch. 1026, § 10.
Tenn. Code Ann. § 62-2-110 — TN Code / Title 62 / Chapter 2 / Section 62-2-110
Exemptions from part
Status: in_force

Notwithstanding any other provision of law to the contrary, any person in business in Tennessee in 1998 for the sole purpose of manufacturing and distributing federal aviation administration-approved avionic equipment is exempt from this part. Acts 2010, ch. 945, § 1.
Notwithstanding any other provision of law to the contrary, any person in business in Tennessee in 1998 for the sole purpose of manufacturing and distributing federal aviation administration-approved avionic equipment is exempt from this part.
Acts 2010, ch. 945, § 1.
Tenn. Code Ann. § 62-36-104 — TN Code / Title 62 / Chapter 36 / Section 62-36-104
Prohibited activities
Status: in_force

No person shall: (1) Prepare any geologic plans, reports or documents other than a licensed professional geologist or a subordinate under the geologist's direction; (2) Practice geology in this state unless the person is licensed under this chapter. A certificate of licensure is not transferable; (3) Offer to practice geology in this state unless the person is licensed under this chapter. To offer to practice geology in this state includes the making of a verbal claim, displaying a sign or other advertisement, using letterhead, printing cards or using in connection with a person's name any title or description stating or implying that the person is a licensed professional geologist; (4) Seal or stamp any plans, plats, reports or other documents with the seal or stamp of a licensed professional geologist, or use in any manner the title licensed professional geologist or the title of any licensed certified specialty geologist unless licensed or licensed and certified under this chapter; (5) Affix the person's signature, seal or stamp to any geologic plans, plats, reports or other documents after that person's licensure has expired or has been suspended or revoked, unless the person's licensure has been renewed or reissued; (6) Give any false or forged evidence of any kind to the department when seeking to obtain the person's certificate of licensure; (7) Falsely impersonate any other licensee of like or different name; or (8) Attempt to use an expired or revoked certificate of licensure or continue to practice geology at any time during a period during which the department has suspended or revoked the person's certificate of licensure. Acts 2007, ch. 495, § 5.
No person shall:
(1) Prepare any geologic plans, reports or documents other than a licensed professional geologist or a subordinate under the geologist's direction;
(2) Practice geology in this state unless the person is licensed under this chapter. A certificate of licensure is not transferable;
(3) Offer to practice geology in this state unless the person is licensed under this chapter. To offer to practice geology in this state includes the making of a verbal claim, displaying a sign or other advertisement, using letterhead, printing cards or using in connection with a person's name any title or description stating or implying that the person is a licensed professional geologist;
(4) Seal or stamp any plans, plats, reports or other documents with the seal or stamp of a licensed professional geologist, or use in any manner the title licensed professional geologist or the title of any licensed certified specialty geologist unless licensed or licensed and certified under this chapter;
(5) Affix the person's signature, seal or stamp to any geologic plans, plats, reports or other documents after that person's licensure has expired or has been suspended or revoked, unless the person's licensure has been renewed or reissued;
(6) Give any false or forged evidence of any kind to the department when seeking to obtain the person's certificate of licensure;
(7) Falsely impersonate any other licensee of like or different name; or
(8) Attempt to use an expired or revoked certificate of licensure or continue to practice geology at any time during a period during which the department has suspended or revoked the person's certificate of licensure.
Acts 2007, ch. 495, § 5.
Tenn. Code Ann. § 62-32-325 — TN Code / Title 62 / Chapter 32 / Section 62-32-325
Automatic renewal clauses - Cancellation during automatic renewal period
Status: in_force

(a) A contract having an automatic renewal clause between an alarm systems contractor and any homeowner or renter for the provision of alarm services may automatically be renewed for a period not to exceed one (1) year at a time. Any waiver of the renewal limitation period included in the contract shall be void as contrary to public policy. (b) At any time during an automatic renewal period provided by contract in accordance with subsection (a), a party to the contract who is being relocated to a hospital, nursing home or assisted living facility may cancel the contract by giving thirty (30) days' written notice to the alarms system contractor. Acts 2009, ch. 565, § 1.
(a) A contract having an automatic renewal clause between an alarm systems contractor and any homeowner or renter for the provision of alarm services may automatically be renewed for a period not to exceed one (1) year at a time. Any waiver of the renewal limitation period included in the contract shall be void as contrary to public policy.
(b) At any time during an automatic renewal period provided by contract in accordance with subsection (a), a party to the contract who is being relocated to a hospital, nursing home or assisted living facility may cancel the contract by giving thirty (30) days' written notice to the alarms system contractor.
Acts 2009, ch. 565, § 1.
Tenn. Code Ann. § 62-13-307 — TN Code / Title 62 / Chapter 13 / Section 62-13-307
Expiration and renewal of licenses - Penalty
Status: in_force

(a) All licenses issued under this chapter shall expire two (2) years from the date the license was issued or renewed. All documentation and fees that are a prerequisite to the renewal of a license or registration shall be delivered to the commission prior to the expiration date of the license. (b) The license of any broker, affiliate broker, time-share salesperson or acquisition agent who fails to deliver all documentation or to pay fees that are a prerequisite to the renewal of a license or registration no later than sixty (60) days prior to the expiration date of the license shall not be renewed except upon providing the documentation prior to the expiration date of the license and payment of the fees, plus a penalty fee of no more than fifty dollars ($50.00) per month, or portion of a month, that the documentation or fees are late. Acts 1973, ch. 181, § 12(f); 1979, ch. 148, § 1; 1981, ch. 473, § 8; T.C.A., 62-1320; Acts 1982, ch. 864, §§ 7, 18; 1984, ch. 810, § 2; 1988, ch. 919, § 4; 1989, ch. 89, § 13; 1989, ch. 360, § 7; 1990, ch. 1026, § 40; 2000, ch. 861, § 2; 2003, ch. 97, § 1; 2005, ch. 252, § 2; 2010, ch. 666, § 3.
(a) All licenses issued under this chapter shall expire two (2) years from the date the license was issued or renewed. All documentation and fees that are a prerequisite to the renewal of a license or registration shall be delivered to the commission prior to the expiration date of the license.
(b) The license of any broker, affiliate broker, time-share salesperson or acquisition agent who fails to deliver all documentation or to pay fees that are a prerequisite to the renewal of a license or registration no later than sixty (60) days prior to the expiration date of the license shall not be renewed except upon providing the documentation prior to the expiration date of the license and payment of the fees, plus a penalty fee of no more than fifty dollars ($50.00) per month, or portion of a month, that the documentation or fees are late.
Acts 1973, ch. 181, § 12(f); 1979, ch. 148, § 1; 1981, ch. 473, § 8; T.C.A., 62-1320; Acts 1982, ch. 864, §§ 7, 18; 1984, ch. 810, § 2; 1988, ch. 919, § 4; 1989, ch. 89, § 13; 1989, ch. 360, § 7; 1990, ch. 1026, § 40; 2000, ch. 861, § 2; 2003, ch. 97, § 1; 2005, ch. 252, § 2; 2010, ch. 666, § 3.
Tenn. Code Ann. § 62-36-111 — TN Code / Title 62 / Chapter 36 / Section 62-36-111
Certificate of licensure
Status: in_force

(a) The department shall issue a certificate of licensure, upon payment of a fee prescribed by the department, to any applicant who complies with the requirements of this chapter. Certificates of licensure shall state the full name of the licensee, bear a certificate of licensure number and be signed by the commissioner or the commissioner's designee under the seal of the department. (b) A certificate of licensure shall be valid for a period of two (2) years. A fee prescribed by the department shall be imposed for each late certificate of licensure renewal. (c) A new certificate of licensure may be issued to replace any certificate of licensure lost, destroyed or mutilated, subject to the rules of the department and payment of a fee prescribed by the department. (d) Upon a written request accompanied by a fee prescribed by the department for change in status, a licensee shall be placed on retired or inactive status. No retired or inactive licensee shall engage in any geologic work or services for which licensure as a geologist is required by this chapter. The department shall prescribe rules outlining the procedure for placing a licensee on retired or inactive status and subsequent reinstatement to active status. Acts 2007, ch. 495, § 12.
(a) The department shall issue a certificate of licensure, upon payment of a fee prescribed by the department, to any applicant who complies with the requirements of this chapter. Certificates of licensure shall state the full name of the licensee, bear a certificate of licensure number and be signed by the commissioner or the commissioner's designee under the seal of the department.
(b) A certificate of licensure shall be valid for a period of two (2) years. A fee prescribed by the department shall be imposed for each late certificate of licensure renewal.
(c) A new certificate of licensure may be issued to replace any certificate of licensure lost, destroyed or mutilated, subject to the rules of the department and payment of a fee prescribed by the department.
(d) Upon a written request accompanied by a fee prescribed by the department for change in status, a licensee shall be placed on retired or inactive status. No retired or inactive licensee shall engage in any geologic work or services for which licensure as a geologist is required by this chapter. The department shall prescribe rules outlining the procedure for placing a licensee on retired or inactive status and subsequent reinstatement to active status.
Acts 2007, ch. 495, § 12.
Tenn. Code Ann. § 62-13-502 — TN Code / Title 62 / Chapter 13 / Section 62-13-502
Enforcement of fee or commission contract against subsequent owners
Status: in_force

A broker who, pursuant to a contract in writing entered into after October 1, 1997, has earned and is owed a fee or commission with respect to a lease or upon the exercise of an option for renewal or expansion of the lease, whether payable over time or in a lump sum, from the owner of commercial real estate pursuant to such written contract for the broker's services in connection with a lease of commercial real estate, shall have a cause of action to enforce the contract with respect to the fee or commission against a subsequent owner, even though the subsequent owner is not a party to the contract, if and only if the subsequent owner has notice of the contract as provided in this part with respect to the fee before obtaining title to the commercial real estate. There shall be no prohibition against a broker giving the notice as required by this part, and any such prohibition is void and unenforceable. Amended by 2014 Tenn. Acts, ch. 533,s 3, eff. 3/12/2014. Acts 1997, ch. 389, § 1.
A broker who, pursuant to a contract in writing entered into after October 1, 1997, has earned and is owed a fee or commission with respect to a lease or upon the exercise of an option for renewal or expansion of the lease, whether payable over time or in a lump sum, from the owner of commercial real estate pursuant to such written contract for the broker's services in connection with a lease of commercial real estate, shall have a cause of action to enforce the contract with respect to the fee or commission against a subsequent owner, even though the subsequent owner is not a party to the contract, if and only if the subsequent owner has notice of the contract as provided in this part with respect to the fee before obtaining title to the commercial real estate. There shall be no prohibition against a broker giving the notice as required by this part, and any such prohibition is void and unenforceable.
Amended by 2014 Tenn. Acts, ch. 533,s 3, eff. 3/12/2014.
Acts 1997, ch. 389, § 1.
Tenn. Code Ann. § 62-6-132 — TN Code / Title 62 / Chapter 6 / Section 62-6-132
Inspection of temporary electrical service
Status: in_force

No person is required to register with the state fire marshal nor obtain a license from the board for licensing contractors to inspect temporary electrical service. Acts 2000, ch. 876, § 14.
No person is required to register with the state fire marshal nor obtain a license from the board for licensing contractors to inspect temporary electrical service.
Acts 2000, ch. 876, § 14.
Tenn. Code Ann. § 62-21-206 — TN Code / Title 62 / Chapter 21 / Section 62-21-206
Rules and regulations
Status: in_force

The commissioner has the authority, pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to promulgate all necessary rules and regulations concerning this part. Acts 2000, ch. 668, § 12.
The commissioner has the authority, pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to promulgate all necessary rules and regulations concerning this part.
Acts 2000, ch. 668, § 12.
Tenn. Code Ann. § 62-21-129 — TN Code / Title 62 / Chapter 21 / Section 62-21-129
Local regulation of pesticides
Status: in_force

(a) Except as provided in § 62-21-118(b) or § 43-8-115 , no city, town, county or other political subdivision of this state shall adopt or continue in effect any ordinance, rule, regulation or statute regarding pesticide sale or use, including, but not limited to, registration, notification of use, advertising and marketing, distribution, applicator training and certification, storage, transportation, disposal, disclosure of confidential information or product composition. (b) This section shall not be construed to limit the authority of a city, town or county to zone for storage of such products or to provide or designate sites for disposal of such products, to regulate discharge to sanitary sewer system or to implement an approved pesticide management plan as may be required by the Safe Drinking Water Act ( 42 U.S.C. § 300f et seq.) (c) This section does not apply to any municipality having a population of not less than sixteen thousand five hundred (16,500) nor more than seventeen thousand five hundred (17,500), according to the 1990 federal census or any subsequent federal census. Acts 1992, ch. 667, §§ 3, 5.
(a) Except as provided in § 62-21-118(b) or § 43-8-115 , no city, town, county or other political subdivision of this state shall adopt or continue in effect any ordinance, rule, regulation or statute regarding pesticide sale or use, including, but not limited to, registration, notification of use, advertising and marketing, distribution, applicator training and certification, storage, transportation, disposal, disclosure of confidential information or product composition.
(b) This section shall not be construed to limit the authority of a city, town or county to zone for storage of such products or to provide or designate sites for disposal of such products, to regulate discharge to sanitary sewer system or to implement an approved pesticide management plan as may be required by the Safe Drinking Water Act ( 42 U.S.C. § 300f et seq.)
(c) This section does not apply to any municipality having a population of not less than sixteen thousand five hundred (16,500) nor more than seventeen thousand five hundred (17,500), according to the 1990 federal census or any subsequent federal census.
Acts 1992, ch. 667, §§ 3, 5.
Tenn. Code Ann. § 62-32-314 — TN Code / Title 62 / Chapter 32 / Section 62-32-314
Certification as alarm systems contractor - Application - Requirements
Status: in_force

(a) Anyone desiring to be certified as an alarm systems contractor shall make written application to the commissioner on forms prescribed by the commissioner. The application shall be accompanied by an application fee as set by the commissioner. The alarm systems contractor shall: (1) Have a regular place of business at a permanent fixed location; (2) Have a business license or licenses for the city and county in which the business is located; (3) Provide proof of insurance as required by § 62-32-315(a) ; (4) Submit an application for certification with the notarized signature of a qualified agent licensed by the commissioner for the classifications of alarm systems being applied for; and (5) Submit applications for registration of all employees on forms provided by the commissioner as required by § 62-32-312(d) and accompanied by registration fees as required by § 62-32-318(a)(5) . (b) Applications for certification shall be on forms prescribed by the commissioner. The application shall disclose any and all persons, firms, associations, corporations or other entities that own or control a ten percent (10%) or greater interest in the applicant. The commissioner may require FBI/TBI background checks and other information deemed necessary by the commissioner from any individual, firm or business owning or controlling ten percent (10%) or greater interest in the applicant and may at the commissioner's discretion withhold certification until the information is satisfactorily produced and verified. (c) In accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, the commissioner shall promulgate rules that establish uniform criteria to govern issuance by the commissioner of the classifications required by §§ 62-32-313(e) and 62-32-316(b) . (d) An alarm systems contractor may bid on a contract requiring work in some classification or classifications other than the one or ones in which the alarm systems contractor is licensed, if and only if the work is incidental or supplemental to the performance of work in which the alarm systems contractor is licensed to engage. Amended by 2021 Tenn. Acts, ch. 294, s 30, eff. 7/1/2021. Acts 1991, ch. 400, § 16; 1993, ch. 429, § 5; 1996, ch. 848, § 17.
(a) Anyone desiring to be certified as an alarm systems contractor shall make written application to the commissioner on forms prescribed by the commissioner. The application shall be accompanied by an application fee as set by the commissioner. The alarm systems contractor shall: (1) Have a regular place of business at a permanent fixed location; (2) Have a business license or licenses for the city and county in which the business is located; (3) Provide proof of insurance as required by § 62-32-315(a) ; (4) Submit an application for certification with the notarized signature of a qualified agent licensed by the commissioner for the classifications of alarm systems being applied for; and (5) Submit applications for registration of all employees on forms provided by the commissioner as required by § 62-32-312(d) and accompanied by registration fees as required by § 62-32-318(a)(5) .
(1) Have a regular place of business at a permanent fixed location;
(2) Have a business license or licenses for the city and county in which the business is located;
(3) Provide proof of insurance as required by § 62-32-315(a) ;
(4) Submit an application for certification with the notarized signature of a qualified agent licensed by the commissioner for the classifications of alarm systems being applied for; and
(5) Submit applications for registration of all employees on forms provided by the commissioner as required by § 62-32-312(d) and accompanied by registration fees as required by § 62-32-318(a)(5) .
(b) Applications for certification shall be on forms prescribed by the commissioner. The application shall disclose any and all persons, firms, associations, corporations or other entities that own or control a ten percent (10%) or greater interest in the applicant. The commissioner may require FBI/TBI background checks and other information deemed necessary by the commissioner from any individual, firm or business owning or controlling ten percent (10%) or greater interest in the applicant and may at the commissioner's discretion withhold certification until the information is satisfactorily produced and verified.
(c) In accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, the commissioner shall promulgate rules that establish uniform criteria to govern issuance by the commissioner of the classifications required by §§ 62-32-313(e) and 62-32-316(b) .
(d) An alarm systems contractor may bid on a contract requiring work in some classification or classifications other than the one or ones in which the alarm systems contractor is licensed, if and only if the work is incidental or supplemental to the performance of work in which the alarm systems contractor is licensed to engage.
Amended by 2021 Tenn. Acts, ch. 294, s 30, eff. 7/1/2021.
Acts 1991, ch. 400, § 16; 1993, ch. 429, § 5; 1996, ch. 848, § 17.
Tenn. Code Ann. § 62-6-116 — TN Code / Title 62 / Chapter 6 / Section 62-6-116
Expiration of license - Renewal
Status: in_force

(a) A certificate of license expires on the last day of the twenty-fourth month following its issuance or renewal and becomes invalid on that date unless renewed. (b) Renewal notices shall be mailed ninety (90) days prior to the expiration date of the license. The renewal must be received in the office of the board thirty (30) days prior to the expiration of the license. (c) Renewal may be effected at any time during the thirty (30) days prior to the expiration of the license by filing with the board a financial statement, a report of any personal or corporate bankruptcies and other information that the board may require, by the payment of a fee as set by the board and by submitting evidence of the applicant's current workers' compensation insurance coverage. Failure to provide evidence of workers' compensation insurance coverage shall make the applicant ineligible for renewal until evidence of insurance coverage is provided. (d) A renewal application for a monetary limitation greater than one million five hundred thousand dollars ($1,500,000) must be accompanied by a compilation prepared by a licensed public accountant or a certified public accountant. If a renewal applicant requests a monetary limitation of one million five hundred thousand dollars ($1,500,000) or less, then the applicant must submit a notarized statement that the information contained in the financial statement is true and correct. The board may, with cause, require a financial statement of the applicant that is reviewed or audited and attested to by a licensed public accountant or certified public accountant if the board has reason to believe it is in the best interest of the public safety and welfare. (e) It is the duty of the executive director to notify by mail every person licensed under this part of the date of expiration of this certificate of license and the amount of fee required for its renewal for two (2) years. Notice shall be mailed in accordance with this section. (f) The fee to be paid for the renewal of a certificate of license after the expiration date shall be increased ten percent (10%) for each month or fraction of a month that payment for renewal is delayed. The maximum fee for a delayed renewal shall not exceed twice the normal fee. (g) No contractor shall be qualified to receive a renewal license when the contractor has been in default in complying with this part for a period of one (1) year and in such event the contractor, in order to qualify under the law, shall make a new application as in the case of the issuance of the original license. (h) The board shall promulgate rules and regulations that establish uniform criteria to govern the review and adjustment of the general construction classifications, specialty classifications and monetary limitations of certificates of license that are subject to renewal by the board. The criteria shall also establish a method for identifying those licensees applying for renewal who may require a greater degree of scrutiny by the board than usual. Amended by 2024 Tenn. Acts, ch. 664,s 1, eff. 4/9/2024. Acts 1976, ch. 822, § 17; 1977, ch. 406, § 4; 1979, ch. 59, § 6; T.C.A., § 62-617; Acts 1984, ch. 888, § 3; 1988, ch. 758, § 7; 1989, ch. 487, §§ 13, 14; 1989, ch. 523, § 140; 1994, ch. 986, § 11; 2000, ch. 865, §§ 1, 2; 2004, ch. 516, § 3; 2005, ch. 133, § 2.
(a) A certificate of license expires on the last day of the twenty-fourth month following its issuance or renewal and becomes invalid on that date unless renewed.
(b) Renewal notices shall be mailed ninety (90) days prior to the expiration date of the license. The renewal must be received in the office of the board thirty (30) days prior to the expiration of the license.
(c) Renewal may be effected at any time during the thirty (30) days prior to the expiration of the license by filing with the board a financial statement, a report of any personal or corporate bankruptcies and other information that the board may require, by the payment of a fee as set by the board and by submitting evidence of the applicant's current workers' compensation insurance coverage. Failure to provide evidence of workers' compensation insurance coverage shall make the applicant ineligible for renewal until evidence of insurance coverage is provided.
(d) A renewal application for a monetary limitation greater than one million five hundred thousand dollars ($1,500,000) must be accompanied by a compilation prepared by a licensed public accountant or a certified public accountant. If a renewal applicant requests a monetary limitation of one million five hundred thousand dollars ($1,500,000) or less, then the applicant must submit a notarized statement that the information contained in the financial statement is true and correct. The board may, with cause, require a financial statement of the applicant that is reviewed or audited and attested to by a licensed public accountant or certified public accountant if the board has reason to believe it is in the best interest of the public safety and welfare.
(e) It is the duty of the executive director to notify by mail every person licensed under this part of the date of expiration of this certificate of license and the amount of fee required for its renewal for two (2) years. Notice shall be mailed in accordance with this section.
(f) The fee to be paid for the renewal of a certificate of license after the expiration date shall be increased ten percent (10%) for each month or fraction of a month that payment for renewal is delayed. The maximum fee for a delayed renewal shall not exceed twice the normal fee.
(g) No contractor shall be qualified to receive a renewal license when the contractor has been in default in complying with this part for a period of one (1) year and in such event the contractor, in order to qualify under the law, shall make a new application as in the case of the issuance of the original license.
(h) The board shall promulgate rules and regulations that establish uniform criteria to govern the review and adjustment of the general construction classifications, specialty classifications and monetary limitations of certificates of license that are subject to renewal by the board. The criteria shall also establish a method for identifying those licensees applying for renewal who may require a greater degree of scrutiny by the board than usual.
Amended by 2024 Tenn. Acts, ch. 664,s 1, eff. 4/9/2024.
Acts 1976, ch. 822, § 17; 1977, ch. 406, § 4; 1979, ch. 59, § 6; T.C.A., § 62-617; Acts 1984, ch. 888, § 3; 1988, ch. 758, § 7; 1989, ch. 487, §§ 13, 14; 1989, ch. 523, § 140; 1994, ch. 986, § 11; 2000, ch. 865, §§ 1, 2; 2004, ch. 516, § 3; 2005, ch. 133, § 2.
Tenn. Code Ann. § 62-4-125 — TN Code / Title 62 / Chapter 4 / Section 62-4-125
Health and safety rules and regulations
Status: in_force

(a) The board shall, with the approval of the department of health, promulgate rules of sanitation that it may deem reasonably necessary, with particular attention to the precautions for preventing the development and spread of infections and contagious diseases. (b) Each school and shop shall have: (1) Adequate restroom facilities, except when located in a commercial building where such facilities are already provided; and (2) Separate entrances from entrances to adjoining residential or living quarters, if any. (c) Where a school and a shop are operated in the same building, there shall be separate entrances and exits and separate restroom facilities for each business. (d) It is unlawful: (1) For the owner or manager of any school or shop to permit any person to sleep in or use for residential purposes any room used wholly or partially as a school or shop; and (2) For any person, firm or corporation that holds a cosmetology, manicurist or aesthetician license to practice cosmetology outside a shop or school, or for any person, firm or corporation that holds a natural hair styling license to practice natural hair styling outside a shop or school, except: (A) In any nursing home; (B) In the recipient's residence, short-term residence, or place of business; (C) In any hospital or infirmary; (D) In a funeral establishment; (E) In a retail establishment, to demonstrate or apply, or both, cosmetics without charge; (F) At the site of television, motion picture, video or theatrical productions, photographic sessions or similar activities; or (G) In a licensed mobile shop. Amended by 2018 Tenn. Acts, ch. 979, Secs.s 1, s 2eff. 5/21/2018. Amended by 2016 Tenn. Acts, ch. 983, s 5, eff. 4/27/2016. Amended by 2013 Tenn. Acts, ch. 477, s 1, eff. 5/20/2013. Acts 1986, ch. 817, § 25; 1988, ch. 902, § 14; 1990, ch. 1026, § 12; 1996, ch. 897, § 26.
(a) The board shall, with the approval of the department of health, promulgate rules of sanitation that it may deem reasonably necessary, with particular attention to the precautions for preventing the development and spread of infections and contagious diseases.
(b) Each school and shop shall have: (1) Adequate restroom facilities, except when located in a commercial building where such facilities are already provided; and (2) Separate entrances from entrances to adjoining residential or living quarters, if any.
(1) Adequate restroom facilities, except when located in a commercial building where such facilities are already provided; and
(2) Separate entrances from entrances to adjoining residential or living quarters, if any.
(c) Where a school and a shop are operated in the same building, there shall be separate entrances and exits and separate restroom facilities for each business.
(d) It is unlawful: (1) For the owner or manager of any school or shop to permit any person to sleep in or use for residential purposes any room used wholly or partially as a school or shop; and (2) For any person, firm or corporation that holds a cosmetology, manicurist or aesthetician license to practice cosmetology outside a shop or school, or for any person, firm or corporation that holds a natural hair styling license to practice natural hair styling outside a shop or school, except: (A) In any nursing home; (B) In the recipient's residence, short-term residence, or place of business; (C) In any hospital or infirmary; (D) In a funeral establishment; (E) In a retail establishment, to demonstrate or apply, or both, cosmetics without charge; (F) At the site of television, motion picture, video or theatrical productions, photographic sessions or similar activities; or (G) In a licensed mobile shop.
(1) For the owner or manager of any school or shop to permit any person to sleep in or use for residential purposes any room used wholly or partially as a school or shop; and
(2) For any person, firm or corporation that holds a cosmetology, manicurist or aesthetician license to practice cosmetology outside a shop or school, or for any person, firm or corporation that holds a natural hair styling license to practice natural hair styling outside a shop or school, except: (A) In any nursing home; (B) In the recipient's residence, short-term residence, or place of business; (C) In any hospital or infirmary; (D) In a funeral establishment; (E) In a retail establishment, to demonstrate or apply, or both, cosmetics without charge; (F) At the site of television, motion picture, video or theatrical productions, photographic sessions or similar activities; or (G) In a licensed mobile shop.
(A) In any nursing home;
(B) In the recipient's residence, short-term residence, or place of business;
(C) In any hospital or infirmary;
(D) In a funeral establishment;
(E) In a retail establishment, to demonstrate or apply, or both, cosmetics without charge;
(F) At the site of television, motion picture, video or theatrical productions, photographic sessions or similar activities; or
(G) In a licensed mobile shop.
Amended by 2018 Tenn. Acts, ch. 979, Secs.s 1, s 2eff. 5/21/2018.
Amended by 2016 Tenn. Acts, ch. 983, s 5, eff. 4/27/2016.
Amended by 2013 Tenn. Acts, ch. 477, s 1, eff. 5/20/2013.
Acts 1986, ch. 817, § 25; 1988, ch. 902, § 14; 1990, ch. 1026, § 12; 1996, ch. 897, § 26.
Tenn. Code Ann. § 62-9-105 — TN Code / Title 62 / Chapter 9 / Section 62-9-105
Maintenance of scrap metal transaction records - Inspection of scrap metals and records by law enforcement or commissioner - Search warrant
Status: in_force

(a) As used in this section, "scrap metal transaction record" includes the information required to be obtained by §§ 62-9-103(b) and 62-9-104(b)(2) . (b) A dealer shall be required to maintain each scrap metal transaction record for a period of three (3) years following the transaction. (c) (1) During the usual and customary business hours of a scrap metal dealer, a law enforcement officer or the commissioner shall have the right to inspect, without a warrant or subpoena, either of the following: (A) Any purchased scrap metals in the possession of the dealer; and (B) Any records required to be maintained by the dealer pursuant to this chapter. (2) Notwithstanding subdivision (c)(1), a search warrant or judicial subpoena may be executed at any time for inspection of the items set out in subdivision (c)(1). (3) All records required to be made available pursuant to subdivision (c)(2) shall be maintained on the site where the transaction occurred for a period of three (3) years from the date of the transaction. Acts 2008 , ch. 690, §1; 2012 , ch. 969, § 4.
(a) As used in this section, "scrap metal transaction record" includes the information required to be obtained by §§ 62-9-103(b) and 62-9-104(b)(2) .
(b) A dealer shall be required to maintain each scrap metal transaction record for a period of three (3) years following the transaction.
(c) (1) During the usual and customary business hours of a scrap metal dealer, a law enforcement officer or the commissioner shall have the right to inspect, without a warrant or subpoena, either of the following: (A) Any purchased scrap metals in the possession of the dealer; and (B) Any records required to be maintained by the dealer pursuant to this chapter. (2) Notwithstanding subdivision (c)(1), a search warrant or judicial subpoena may be executed at any time for inspection of the items set out in subdivision (c)(1). (3) All records required to be made available pursuant to subdivision (c)(2) shall be maintained on the site where the transaction occurred for a period of three (3) years from the date of the transaction.
(1) During the usual and customary business hours of a scrap metal dealer, a law enforcement officer or the commissioner shall have the right to inspect, without a warrant or subpoena, either of the following: (A) Any purchased scrap metals in the possession of the dealer; and (B) Any records required to be maintained by the dealer pursuant to this chapter.
(A) Any purchased scrap metals in the possession of the dealer; and
(B) Any records required to be maintained by the dealer pursuant to this chapter.
(2) Notwithstanding subdivision (c)(1), a search warrant or judicial subpoena may be executed at any time for inspection of the items set out in subdivision (c)(1).
(3) All records required to be made available pursuant to subdivision (c)(2) shall be maintained on the site where the transaction occurred for a period of three (3) years from the date of the transaction.
Acts 2008 , ch. 690, §1; 2012 , ch. 969, § 4.
Tenn. Code Ann. § 62-5-808 — TN Code / Title 62 / Chapter 5 / Section 62-5-808
Resomation without a casket
Status: in_force

An operator of an alkaline hydrolysis facility shall not require a person to be resomated in a casket. However, in the discretion of the operator of a facility, a container composed of a readily biodegradable material that is suitable for resomation, other than a casket, may be required. Added by 2021 Tenn. Acts, ch. 141, s 1, eff. 4/13/2021.
An operator of an alkaline hydrolysis facility shall not require a person to be resomated in a casket. However, in the discretion of the operator of a facility, a container composed of a readily biodegradable material that is suitable for resomation, other than a casket, may be required.
Added by 2021 Tenn. Acts, ch. 141, s 1, eff. 4/13/2021.
Tenn. Code Ann. § 62-21-130 — TN Code / Title 62 / Chapter 21 / Section 62-21-130
Assessment of investigation and hearing costs - Rules and regulations
Status: in_force

(a) Notwithstanding any contrary law, the department or any division, board, commission or agency attached to the department may assess the actual and reasonable costs of the investigation, prosecution and hearing of any disciplinary action held in accordance with the contested case provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3, in which sanctions of any kind are imposed on any person or entity required to be licensed, permitted, registered or otherwise authorized or regulated by the department or its respective divisions, boards, commissions or agencies. These costs may include, but are not limited to, those incurred and assessed for the time of the prosecuting attorneys, investigators, expert witnesses, administrative judges, court reporters and any other persons involved in the investigation, prosecution and hearing of the action. (b) (1) All costs assessed pursuant to this section shall become final thirty (30) days after the date a final order of assessment is served. (2) If the individual or entity disciplined fails to pay an assessment when it becomes final, the department may apply to the appropriate court for a judgment and seek execution of the judgment. (3) Jurisdiction for recovery of costs shall be in the chancery court of Davidson County. Acts 2001, ch. 105, § 4.
(a) Notwithstanding any contrary law, the department or any division, board, commission or agency attached to the department may assess the actual and reasonable costs of the investigation, prosecution and hearing of any disciplinary action held in accordance with the contested case provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3, in which sanctions of any kind are imposed on any person or entity required to be licensed, permitted, registered or otherwise authorized or regulated by the department or its respective divisions, boards, commissions or agencies. These costs may include, but are not limited to, those incurred and assessed for the time of the prosecuting attorneys, investigators, expert witnesses, administrative judges, court reporters and any other persons involved in the investigation, prosecution and hearing of the action.
(b) (1) All costs assessed pursuant to this section shall become final thirty (30) days after the date a final order of assessment is served. (2) If the individual or entity disciplined fails to pay an assessment when it becomes final, the department may apply to the appropriate court for a judgment and seek execution of the judgment. (3) Jurisdiction for recovery of costs shall be in the chancery court of Davidson County.
(1) All costs assessed pursuant to this section shall become final thirty (30) days after the date a final order of assessment is served.
(2) If the individual or entity disciplined fails to pay an assessment when it becomes final, the department may apply to the appropriate court for a judgment and seek execution of the judgment.
(3) Jurisdiction for recovery of costs shall be in the chancery court of Davidson County.
Acts 2001, ch. 105, § 4.
Tenn. Code Ann. § 62-4-136 — TN Code / Title 62 / Chapter 4 / Section 62-4-136
Effect of response to signs of domestic violence or referral of client to resources or failure to respond or refer
Status: in_force

(a) A person licensed under this part, and the employer of that person, who responds to signs of domestic violence with a client, refers a client to resources for victims of domestic violence, or fails to respond or refer is not civilly or criminally liable for those actions or inactions. (b) A person licensed under this part, and the employer of that person, who responds, refers, or fails to respond or refer as described in subsection (a) is not subject to the jurisdiction of any board under title 63 by those actions or inactions. Amended by 2024 Tenn. Acts, ch. 1060,s 30, eff. 7/1/2024. Added by 2021 Tenn. Acts, ch. 117, s 15, eff. 4/13/2021.
(a) A person licensed under this part, and the employer of that person, who responds to signs of domestic violence with a client, refers a client to resources for victims of domestic violence, or fails to respond or refer is not civilly or criminally liable for those actions or inactions.
(b) A person licensed under this part, and the employer of that person, who responds, refers, or fails to respond or refer as described in subsection (a) is not subject to the jurisdiction of any board under title 63 by those actions or inactions.
Amended by 2024 Tenn. Acts, ch. 1060,s 30, eff. 7/1/2024.
Added by 2021 Tenn. Acts, ch. 117, s 15, eff. 4/13/2021.
Tenn. Code Ann. § 62-13-301 — TN Code / Title 62 / Chapter 13 / Section 62-13-301
License requirement
Status: in_force

It is unlawful for any person, directly or indirectly, to engage in or conduct, to advertise or claim to be engaging in or conducting the business, or acting in the capacity of a real estate broker, affiliate broker, time-share salesperson or acquisition agent, as defined in § 62-13-102 , within this state, without first obtaining a license as broker, affiliate broker, time-share salesperson or acquisition agent, as provided in this chapter, unless exempted from obtaining a license under § 62-13-104 . No person shall be permitted to hold, at the same time, an active time-share salesperson license and an active acquisition agent license. Acts 1973, ch. 181, § 2; 1981, ch. 473, § 2; T.C.A., § 62-1303; Acts 1989, ch. 89, § 7; 2002, ch. 812, § 2; 2004, ch. 456, § 1.
It is unlawful for any person, directly or indirectly, to engage in or conduct, to advertise or claim to be engaging in or conducting the business, or acting in the capacity of a real estate broker, affiliate broker, time-share salesperson or acquisition agent, as defined in § 62-13-102 , within this state, without first obtaining a license as broker, affiliate broker, time-share salesperson or acquisition agent, as provided in this chapter, unless exempted from obtaining a license under § 62-13-104 . No person shall be permitted to hold, at the same time, an active time-share salesperson license and an active acquisition agent license.
Acts 1973, ch. 181, § 2; 1981, ch. 473, § 2; T.C.A., § 62-1303; Acts 1989, ch. 89, § 7; 2002, ch. 812, § 2; 2004, ch. 456, § 1.
Tenn. Code Ann. § 62-13-505 — TN Code / Title 62 / Chapter 13 / Section 62-13-505
Immunity of title examiners, title insurers, abstracters and closing agents
Status: in_force

No title examiner, title insurer, abstracter or closing agent shall have any responsibility or liability related to the contents of any document that is the subject of a notice recorded pursuant to this part so long as the title examiner, title insurer, abstractor or closing agent fulfills its obligations, if any, under existing law and its contract to disclose in its title report, abstract, commitment or policy the existence of the notice. Acts 1997, ch. 389, § 1.
No title examiner, title insurer, abstracter or closing agent shall have any responsibility or liability related to the contents of any document that is the subject of a notice recorded pursuant to this part so long as the title examiner, title insurer, abstractor or closing agent fulfills its obligations, if any, under existing law and its contract to disclose in its title report, abstract, commitment or policy the existence of the notice.
Acts 1997, ch. 389, § 1.
Tenn. Code Ann. § 62-32-211 — TN Code / Title 62 / Chapter 32 / Section 62-32-211
Powers and duties of commissioner
Status: in_force

The commissioner shall: (1) Formulate and administer rules and regulations as may be determined essentially necessary for the protection and preservation of life and property, in controlling the: (A) Registration of firms engaging in the business of servicing portable fire extinguishers or installing and maintaining fixed fire extinguisher systems; (B) Registration of firms engaging in the business of hydrostatic testing of portable fire extinguishers; (C) Examining of applications of persons applying for a license to service portable fire extinguishers for proper qualification; (D) Licensing of persons to service portable fire extinguishers and install fixed fire extinguisher systems; and (E) Requirements for the servicing of portable fire extinguishers and the maintenance of fixed fire extinguisher systems; (2) Evaluate the qualifications of firms or individuals for a certificate of registration to engage in the business of servicing portable fire extinguishers or installing fixed fire extinguisher systems; (3) Issue certificates of registration for those firms that qualify under the rules and regulations to engage in the business of servicing portable fire extinguishers or installing and servicing fixed fire extinguisher systems and issue licenses, extinguisher technician permits and authorizations to perform hydrostatic testing to the firms or individuals who qualify; and (4) Evaluate the qualifications of firms seeking approval as testing laboratories for portable fire extinguishers and fixed fire extinguisher systems. Acts 1986, ch. 721, § 12.
The commissioner shall:
(1) Formulate and administer rules and regulations as may be determined essentially necessary for the protection and preservation of life and property, in controlling the: (A) Registration of firms engaging in the business of servicing portable fire extinguishers or installing and maintaining fixed fire extinguisher systems; (B) Registration of firms engaging in the business of hydrostatic testing of portable fire extinguishers; (C) Examining of applications of persons applying for a license to service portable fire extinguishers for proper qualification; (D) Licensing of persons to service portable fire extinguishers and install fixed fire extinguisher systems; and (E) Requirements for the servicing of portable fire extinguishers and the maintenance of fixed fire extinguisher systems;
(A) Registration of firms engaging in the business of servicing portable fire extinguishers or installing and maintaining fixed fire extinguisher systems;
(B) Registration of firms engaging in the business of hydrostatic testing of portable fire extinguishers;
(C) Examining of applications of persons applying for a license to service portable fire extinguishers for proper qualification;
(D) Licensing of persons to service portable fire extinguishers and install fixed fire extinguisher systems; and
(E) Requirements for the servicing of portable fire extinguishers and the maintenance of fixed fire extinguisher systems;
(2) Evaluate the qualifications of firms or individuals for a certificate of registration to engage in the business of servicing portable fire extinguishers or installing fixed fire extinguisher systems;
(3) Issue certificates of registration for those firms that qualify under the rules and regulations to engage in the business of servicing portable fire extinguishers or installing and servicing fixed fire extinguisher systems and issue licenses, extinguisher technician permits and authorizations to perform hydrostatic testing to the firms or individuals who qualify; and
(4) Evaluate the qualifications of firms seeking approval as testing laboratories for portable fire extinguishers and fixed fire extinguisher systems.
Acts 1986, ch. 721, § 12.
Tenn. Code Ann. § 62-32-106 — TN Code / Title 62 / Chapter 32 / Section 62-32-106
Application for license as responsible managing employee
Status: in_force

(a) An application for a license as a responsible managing employee shall be submitted on a form prescribed by the department and shall be accompanied by a nonrefundable application fee in an amount not to exceed twenty-five dollars ($25.00). (b) One (1) of the following documents must accompany the application to evidence technical qualifications for a license: (1) Proof of registration in this state as a professional engineer or architect; or (2) A copy of a NICET notification letter regarding the applicant's successful completion of the examination requirements for certification at Level III for fire protection automatic sprinkler systems layout. Acts 1984, ch. 949, § 6; 1985, ch. 209, § 5.
(a) An application for a license as a responsible managing employee shall be submitted on a form prescribed by the department and shall be accompanied by a nonrefundable application fee in an amount not to exceed twenty-five dollars ($25.00).
(b) One (1) of the following documents must accompany the application to evidence technical qualifications for a license: (1) Proof of registration in this state as a professional engineer or architect; or (2) A copy of a NICET notification letter regarding the applicant's successful completion of the examination requirements for certification at Level III for fire protection automatic sprinkler systems layout.
(1) Proof of registration in this state as a professional engineer or architect; or
(2) A copy of a NICET notification letter regarding the applicant's successful completion of the examination requirements for certification at Level III for fire protection automatic sprinkler systems layout.
Acts 1984, ch. 949, § 6; 1985, ch. 209, § 5.
Tenn. Code Ann. § 62-50-202 — TN Code / Title 62 / Chapter 50 / Section 62-50-202
Immunity from civil liability
Status: in_force

A sports official who administers or supervises a sports event at any level of competition is not liable to any person or entity in any civil action for damages to a player, participant or spectator as a result of the sports official's act of commission or omission arising out of the sports official's duties or activities. Acts 1989, ch. 90, § 2.
A sports official who administers or supervises a sports event at any level of competition is not liable to any person or entity in any civil action for damages to a player, participant or spectator as a result of the sports official's act of commission or omission arising out of the sports official's duties or activities.
Acts 1989, ch. 90, § 2.
Tenn. Code Ann. § 62-19-115 — TN Code / Title 62 / Chapter 19 / Section 62-19-115
Rights and duties of licensee - Sponsorship of affiliate auctioneer
Status: in_force

(a) Any auctioneer licensed under this chapter may conduct auctions at any time or place in this state. The licensee shall, upon request, furnish to the chief of police or sheriff of the city or county where the auction is to be held a list of properties to be sold twenty-four (24) hours prior to the auction. (b) A principal auctioneer may sponsor an affiliate auctioneer after one (1) year of licensure. There is no limit as to how many affiliate auctioneers a principal auctioneer or public automobile auctioneer may sponsor. Amended by 2019 Tenn. Acts, ch. 471,s 14, eff. 7/1/2019. Acts 1967, ch. 335, § 16; T.C.A., § 62-1916; Acts 1983, ch. 250, § 13; 1987, ch. 62, § 1.
(a) Any auctioneer licensed under this chapter may conduct auctions at any time or place in this state. The licensee shall, upon request, furnish to the chief of police or sheriff of the city or county where the auction is to be held a list of properties to be sold twenty-four (24) hours prior to the auction.
(b) A principal auctioneer may sponsor an affiliate auctioneer after one (1) year of licensure. There is no limit as to how many affiliate auctioneers a principal auctioneer or public automobile auctioneer may sponsor.
Amended by 2019 Tenn. Acts, ch. 471,s 14, eff. 7/1/2019.
Acts 1967, ch. 335, § 16; T.C.A., § 62-1916; Acts 1983, ch. 250, § 13; 1987, ch. 62, § 1.
Tenn. Code Ann. § 62-32-113 — TN Code / Title 62 / Chapter 32 / Section 62-32-113
Disposition of fees
Status: in_force

All fees collected under this part shall constitute expendable receipts of the department for use in administering this part. Acts 1984, ch. 949, § 16; 2005, ch. 183, § 2.
All fees collected under this part shall constitute expendable receipts of the department for use in administering this part.
Acts 1984, ch. 949, § 16; 2005, ch. 183, § 2.
Tenn. Code Ann. § 62-2-405 — TN Code / Title 62 / Chapter 2 / Section 62-2-405
Examinations
Status: in_force

(a) The examinations will be held at times and places that the board directs. The board shall determine the acceptable grade on examinations. (b) Written examinations will be given in two (2) sections as follows: (1) Engineering Fundamentals. Consists of a National Council of Examiners for Engineering and Surveying prepared examination on the fundamentals of engineering. Passing this examination qualifies the examinee for an engineer intern certificate; provided, that the examinee has met all other requirements for certification required by this chapter; and (2) Principles and Practices of Engineering. Consists of a National Council of Examiners for Engineering and Surveying examination on applied engineering. Passing this examination qualifies the examinee for registration as a professional engineer; provided, that the examinee has met the other requirements for registration by this chapter. (c) A candidate failing an examination may apply for reexamination. Amended by 2015 Tenn. Acts, ch. 291,Secs.s4, s5 eff. 4/24/2015. Amended by 2013 Tenn. Acts, ch. 180,s 4, eff. 4/23/2013. Acts 1979, ch. 263, § 14; T.C.A., § 62-214; Acts 1990, ch. 1026, § 21; 1993, ch. 132, §§ 8, 9; 1995, ch. 113, §§ 1, 5.
(a) The examinations will be held at times and places that the board directs. The board shall determine the acceptable grade on examinations.
(b) Written examinations will be given in two (2) sections as follows: (1) Engineering Fundamentals. Consists of a National Council of Examiners for Engineering and Surveying prepared examination on the fundamentals of engineering. Passing this examination qualifies the examinee for an engineer intern certificate; provided, that the examinee has met all other requirements for certification required by this chapter; and (2) Principles and Practices of Engineering. Consists of a National Council of Examiners for Engineering and Surveying examination on applied engineering. Passing this examination qualifies the examinee for registration as a professional engineer; provided, that the examinee has met the other requirements for registration by this chapter.
(1) Engineering Fundamentals. Consists of a National Council of Examiners for Engineering and Surveying prepared examination on the fundamentals of engineering. Passing this examination qualifies the examinee for an engineer intern certificate; provided, that the examinee has met all other requirements for certification required by this chapter; and
(2) Principles and Practices of Engineering. Consists of a National Council of Examiners for Engineering and Surveying examination on applied engineering. Passing this examination qualifies the examinee for registration as a professional engineer; provided, that the examinee has met the other requirements for registration by this chapter.
(c) A candidate failing an examination may apply for reexamination.
Amended by 2015 Tenn. Acts, ch. 291,Secs.s4, s5 eff. 4/24/2015.
Amended by 2013 Tenn. Acts, ch. 180,s 4, eff. 4/23/2013.
Acts 1979, ch. 263, § 14; T.C.A., § 62-214; Acts 1990, ch. 1026, § 21; 1993, ch. 132, §§ 8, 9; 1995, ch. 113, §§ 1, 5.
Tenn. Code Ann. § 62-6-513 — TN Code / Title 62 / Chapter 6 / Section 62-6-513
Powers and duties of board
Status: in_force

In addition to the powers and duties elsewhere prescribed in this part, the board may: (1) Examine the qualifications and fitness of applicants for licenses under this part; (2) Keep records of all licenses issued, suspended or revoked. These records shall be open to the public for inspection during regular business hours; (3) Promulgate rules and regulations with respect to license applications, investigation and examination of applicants and their qualifications and any other matters incidental or appropriate to the board's powers and duties as prescribed by this part and for the proper administration and enforcement of this part and to amend or repeal any of the rules and regulations; (4) Receive complaints from the public regarding home improvement contractors and maintain records of the complaints. Acts 2007, ch. 460, § 2.
In addition to the powers and duties elsewhere prescribed in this part, the board may:
(1) Examine the qualifications and fitness of applicants for licenses under this part;
(2) Keep records of all licenses issued, suspended or revoked. These records shall be open to the public for inspection during regular business hours;
(3) Promulgate rules and regulations with respect to license applications, investigation and examination of applicants and their qualifications and any other matters incidental or appropriate to the board's powers and duties as prescribed by this part and for the proper administration and enforcement of this part and to amend or repeal any of the rules and regulations;
(4) Receive complaints from the public regarding home improvement contractors and maintain records of the complaints.
Acts 2007, ch. 460, § 2.
Tenn. Code Ann. § 62-6-408 — TN Code / Title 62 / Chapter 6 / Section 62-6-408
Fees
Status: in_force

(a) (1) The board shall prescribe fees for the application, examination, issuance, and renewal of licenses of limited licensed plumbers. The fees, together with the fees prescribed for limited licensed electricians pursuant to chapter 6, part 1 of this title, shall be in an amount that provides for the cost of administering the licensing and regulation of limited licensed plumbers and limited licensed electricians. (2) The fees collected by the board as described in subdivision (a)(1) shall be combined with fees collected for the licensing of limited licensed electricians, pursuant to chapter 6, part 1 of this title. These fees shall be used to defray expenses incurred in the administration of the licensing of limited licensed plumbers, pursuant to this part, and limited licensed electricians, pursuant to chapter 6, part 1 of this title. (3) Fees for limited licensed plumbers shall be adjusted as necessary to provide that the limited licensed electricians and plumbers fund is fiscally self-sufficient and that revenues from fees do not exceed necessary and required expenditures. (4) On July 1, 2015, all funds held by the state treasurer for the administration of the licensing of limited licensed plumbers shall be combined with all funds held for the administration of the licensing of limited licensed electricians, pursuant to chapter 6, part 1 of this title. (b) In no event shall the fee for an initial license exceed seventy-five dollars ($75.00) or fifty dollars ($50.00) for subsequent renewal of the license. Amended by 2015 Tenn. Acts, ch. 291,s 7, eff. 4/24/2015. Acts 2004, ch. 826, § 9.
(a) (1) The board shall prescribe fees for the application, examination, issuance, and renewal of licenses of limited licensed plumbers. The fees, together with the fees prescribed for limited licensed electricians pursuant to chapter 6, part 1 of this title, shall be in an amount that provides for the cost of administering the licensing and regulation of limited licensed plumbers and limited licensed electricians. (2) The fees collected by the board as described in subdivision (a)(1) shall be combined with fees collected for the licensing of limited licensed electricians, pursuant to chapter 6, part 1 of this title. These fees shall be used to defray expenses incurred in the administration of the licensing of limited licensed plumbers, pursuant to this part, and limited licensed electricians, pursuant to chapter 6, part 1 of this title. (3) Fees for limited licensed plumbers shall be adjusted as necessary to provide that the limited licensed electricians and plumbers fund is fiscally self-sufficient and that revenues from fees do not exceed necessary and required expenditures. (4) On July 1, 2015, all funds held by the state treasurer for the administration of the licensing of limited licensed plumbers shall be combined with all funds held for the administration of the licensing of limited licensed electricians, pursuant to chapter 6, part 1 of this title.
(1) The board shall prescribe fees for the application, examination, issuance, and renewal of licenses of limited licensed plumbers. The fees, together with the fees prescribed for limited licensed electricians pursuant to chapter 6, part 1 of this title, shall be in an amount that provides for the cost of administering the licensing and regulation of limited licensed plumbers and limited licensed electricians.
(2) The fees collected by the board as described in subdivision (a)(1) shall be combined with fees collected for the licensing of limited licensed electricians, pursuant to chapter 6, part 1 of this title. These fees shall be used to defray expenses incurred in the administration of the licensing of limited licensed plumbers, pursuant to this part, and limited licensed electricians, pursuant to chapter 6, part 1 of this title.
(3) Fees for limited licensed plumbers shall be adjusted as necessary to provide that the limited licensed electricians and plumbers fund is fiscally self-sufficient and that revenues from fees do not exceed necessary and required expenditures.
(4) On July 1, 2015, all funds held by the state treasurer for the administration of the licensing of limited licensed plumbers shall be combined with all funds held for the administration of the licensing of limited licensed electricians, pursuant to chapter 6, part 1 of this title.
(b) In no event shall the fee for an initial license exceed seventy-five dollars ($75.00) or fifty dollars ($50.00) for subsequent renewal of the license.
Amended by 2015 Tenn. Acts, ch. 291,s 7, eff. 4/24/2015.
Acts 2004, ch. 826, § 9.
Tenn. Code Ann. § 62-38-303 — TN Code / Title 62 / Chapter 38 / Section 62-38-303
Permit required
Status: in_force

(a) To receive approval to offer body piercing services, a business must obtain a permit and demonstrate to the commissioner the ability to meet the requirements established by this part and the rules adopted pursuant to this part for safe performance of the body piercing procedures, training of the individuals who perform the procedures and maintenance of the required records. (b) No person shall operate a business that offers body piercing services unless the commissioner has approved the business pursuant to this part. No person shall perform a body piercing procedure in a way that does not meet the safety and sanitation standards established pursuant to this part. Acts 2001, ch. 336, § 4.
(a) To receive approval to offer body piercing services, a business must obtain a permit and demonstrate to the commissioner the ability to meet the requirements established by this part and the rules adopted pursuant to this part for safe performance of the body piercing procedures, training of the individuals who perform the procedures and maintenance of the required records.
(b) No person shall operate a business that offers body piercing services unless the commissioner has approved the business pursuant to this part. No person shall perform a body piercing procedure in a way that does not meet the safety and sanitation standards established pursuant to this part.
Acts 2001, ch. 336, § 4.
Tenn. Code Ann. § 62-39-404 — TN Code / Title 62 / Chapter 39 / Section 62-39-404
Applicability
Status: in_force

This part shall not apply to: (1) A national or state bank or federal or state savings institution that is subject to direct regulation or supervision by an agency of the United States government, or by the department of financial institutions, that receives a request for the performance of an appraisal from one (1) employee of the financial institution, and another employee of the same financial institution assigns the request for the appraisal to an appraiser who is an independent contractor to the institution. An entity exempt as provided in this subdivision (1) shall file a notice with the commission that contains the information required in § 62-39-403 ; (2) An appraiser that enters into an agreement, whether written or otherwise, with an appraiser for the performance of an appraisal, and upon the completion of the appraisal, the report of the appraiser performing the appraisal is signed by both the appraiser who completed the appraisal and the appraiser who requested the completion of the appraisal; (3) Any state agency or local municipality that orders appraisals for ad valorem tax purposes or any other business on behalf of this state; (4) Any person licensed to practice law in this state, a court-appointed personal representative, or a trustee who orders an appraisal in connection with a bona fide client relationship when such person directly contracts with an independent appraiser; (5) A certified public accountant or CPA firm regulated under chapter 1, part 1 of this title; or (6) (A) A federally regulated AMC; (B) Notwithstanding subdivision (6)(A), any federally regulated AMC operating in this state shall report to the commission the information required to be submitted by the commission to the appraisal subcommittee pursuant to the appraisal subcommittee's policies regarding the determination of the AMC National Registry fee, including, but not limited to, the collection of information related to the limitations set forth in 12 C.F.R. 34.215 , as applicable. Amended by 2017 Tenn. Acts, ch. 226, s 9, eff. 7/1/2017. Acts 2010 , ch. 963, § 5.
This part shall not apply to:
(1) A national or state bank or federal or state savings institution that is subject to direct regulation or supervision by an agency of the United States government, or by the department of financial institutions, that receives a request for the performance of an appraisal from one (1) employee of the financial institution, and another employee of the same financial institution assigns the request for the appraisal to an appraiser who is an independent contractor to the institution. An entity exempt as provided in this subdivision (1) shall file a notice with the commission that contains the information required in § 62-39-403 ;
(2) An appraiser that enters into an agreement, whether written or otherwise, with an appraiser for the performance of an appraisal, and upon the completion of the appraisal, the report of the appraiser performing the appraisal is signed by both the appraiser who completed the appraisal and the appraiser who requested the completion of the appraisal;
(3) Any state agency or local municipality that orders appraisals for ad valorem tax purposes or any other business on behalf of this state;
(4) Any person licensed to practice law in this state, a court-appointed personal representative, or a trustee who orders an appraisal in connection with a bona fide client relationship when such person directly contracts with an independent appraiser;
(5) A certified public accountant or CPA firm regulated under chapter 1, part 1 of this title; or
(6) (A) A federally regulated AMC; (B) Notwithstanding subdivision (6)(A), any federally regulated AMC operating in this state shall report to the commission the information required to be submitted by the commission to the appraisal subcommittee pursuant to the appraisal subcommittee's policies regarding the determination of the AMC National Registry fee, including, but not limited to, the collection of information related to the limitations set forth in 12 C.F.R. 34.215 , as applicable.
(A) A federally regulated AMC;
(B) Notwithstanding subdivision (6)(A), any federally regulated AMC operating in this state shall report to the commission the information required to be submitted by the commission to the appraisal subcommittee pursuant to the appraisal subcommittee's policies regarding the determination of the AMC National Registry fee, including, but not limited to, the collection of information related to the limitations set forth in 12 C.F.R. 34.215 , as applicable.
Amended by 2017 Tenn. Acts, ch. 226, s 9, eff. 7/1/2017.
Acts 2010 , ch. 963, § 5.
Tenn. Code Ann. § 62-27-129 — TN Code / Title 62 / Chapter 27 / Section 62-27-129
Continuing education requirements
Status: in_force

(a) In prescribing requirements for continuing education as a prerequisite for licensure renewal under § 62-27-105 , the commissioner shall, at a minimum: (1) Define the basic requirements to be no less than twenty-four (24) credit hours every two (2) years in polygraph; (2) Delineate qualifying programs; and (3) Establish a system of control and reporting. (b) The commissioner may extend the time within which licensees under this chapter are required to comply with continuing education requirements for reasons of poor health, military service or other reasonable and just causes. Acts 1988, ch. 805, § 3; 1999, ch. 252, §4; 2008 , ch. 1038, § 5.
(a) In prescribing requirements for continuing education as a prerequisite for licensure renewal under § 62-27-105 , the commissioner shall, at a minimum: (1) Define the basic requirements to be no less than twenty-four (24) credit hours every two (2) years in polygraph; (2) Delineate qualifying programs; and (3) Establish a system of control and reporting.
(1) Define the basic requirements to be no less than twenty-four (24) credit hours every two (2) years in polygraph;
(2) Delineate qualifying programs; and
(3) Establish a system of control and reporting.
(b) The commissioner may extend the time within which licensees under this chapter are required to comply with continuing education requirements for reasons of poor health, military service or other reasonable and just causes.
Acts 1988, ch. 805, § 3; 1999, ch. 252, §4; 2008 , ch. 1038, § 5.
Tenn. Code Ann. § 62-30-101 — TN Code / Title 62 / Chapter 30 / Section 62-30-101
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Merchandise" means any consumer item that is or is represented to be new or not previously owned by a consumer; (2) "Temporary premises" means any public or quasi-public place, including a hotel, rooming house, storeroom, building or part of a building, tent, vacant lot, railroad car or motor vehicle, temporarily occupied for the purpose of exhibiting stocks of merchandise to the public. Premises are not temporary if the same person has conducted business at those premises for more than six (6) consecutive months or has occupied the premises as the person's permanent residence for more than six (6) consecutive months; and (3) "Transitory vendor" means any person who brings into temporary premises and exhibits to the public stocks of merchandise for the purpose of selling or offering to sell the merchandise to the public. Acts 1983, ch. 482, § 1.
As used in this chapter, unless the context otherwise requires:
(1) "Merchandise" means any consumer item that is or is represented to be new or not previously owned by a consumer;
(2) "Temporary premises" means any public or quasi-public place, including a hotel, rooming house, storeroom, building or part of a building, tent, vacant lot, railroad car or motor vehicle, temporarily occupied for the purpose of exhibiting stocks of merchandise to the public. Premises are not temporary if the same person has conducted business at those premises for more than six (6) consecutive months or has occupied the premises as the person's permanent residence for more than six (6) consecutive months; and
(3) "Transitory vendor" means any person who brings into temporary premises and exhibits to the public stocks of merchandise for the purpose of selling or offering to sell the merchandise to the public.
Acts 1983, ch. 482, § 1.
Tenn. Code Ann. § 62-6-129 — TN Code / Title 62 / Chapter 6 / Section 62-6-129
Bid bonds
Status: in_force

In addition to any applicable requirement of § 12-4-201 , no contract for the services of a construction manager shall be awarded for any public work in this state by any city, county or state authority or any board of education unless there is posted at the time of the submittal of a proposal for services by a construction manager a bid bond equal to ten percent (10%) of the value of the services proposed and the value of the work to be managed or may at the time of contracting provide payment and performance bonds in amounts equal to the combined monetary value of the services of the construction manager and the value of the work to be so managed. Acts 1995, ch. 342, § 1.
In addition to any applicable requirement of § 12-4-201 , no contract for the services of a construction manager shall be awarded for any public work in this state by any city, county or state authority or any board of education unless there is posted at the time of the submittal of a proposal for services by a construction manager a bid bond equal to ten percent (10%) of the value of the services proposed and the value of the work to be managed or may at the time of contracting provide payment and performance bonds in amounts equal to the combined monetary value of the services of the construction manager and the value of the work to be so managed.
Acts 1995, ch. 342, § 1.
Tenn. Code Ann. § 62-26-304 — TN Code / Title 62 / Chapter 26 / Section 62-26-304
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 294, s 13, eff. 7/1/2021. Acts 1991, ch. 457, § 26.
Repealed by 2021 Tenn. Acts, ch. 294, s 13, eff. 7/1/2021.
Acts 1991, ch. 457, § 26.
Tenn. Code Ann. § 62-3-122 — TN Code / Title 62 / Chapter 3 / Section 62-3-122
Barber schools - Certificate required
Status: in_force

It is unlawful for any person, firm or corporation to own, operate or conduct a barber school or college of barbering without a certificate of registration issued by the board and paying the fee required for registration as provided in this chapter. Acts 1951, ch. 231, § 3 (Williams, § 7123); T.C.A. (orig. ed.), § 62-325.
It is unlawful for any person, firm or corporation to own, operate or conduct a barber school or college of barbering without a certificate of registration issued by the board and paying the fee required for registration as provided in this chapter.
Acts 1951, ch. 231, § 3 (Williams, § 7123); T.C.A. (orig. ed.), § 62-325.
Tenn. Code Ann. § 62-4-132 — TN Code / Title 62 / Chapter 4 / Section 62-4-132
Retired inactive license
Status: in_force

Any person licensed under this part may retire the license by submitting a form prescribed by the board accompanied by the current active license and a fee in an amount set by rules promulgated by the board. Upon receipt of an acceptable application to retire the license, the board shall issue a retired inactive license certificate to the retiree. The holder of a retired license shall not be entitled to engage in the practice of any of the areas for which a license is issued under this part until the person's license is reactivated in a manner approved by the board. Amended by 2024 Tenn. Acts, ch. 1060,s 29, eff. 7/1/2024. Amended by 2015 Tenn. Acts, ch. 402, s 32, eff. 7/1/2015. Acts 1996, ch. 897, § 7.
Any person licensed under this part may retire the license by submitting a form prescribed by the board accompanied by the current active license and a fee in an amount set by rules promulgated by the board. Upon receipt of an acceptable application to retire the license, the board shall issue a retired inactive license certificate to the retiree. The holder of a retired license shall not be entitled to engage in the practice of any of the areas for which a license is issued under this part until the person's license is reactivated in a manner approved by the board.
Amended by 2024 Tenn. Acts, ch. 1060,s 29, eff. 7/1/2024.
Amended by 2015 Tenn. Acts, ch. 402, s 32, eff. 7/1/2015.
Acts 1996, ch. 897, § 7.
Tenn. Code Ann. § 62-13-603 — TN Code / Title 62 / Chapter 13 / Section 62-13-603
Unlawful referral solicitation - Unlawful retribution for existence of agency relationship
Status: in_force

(a) It is unlawful for any person or entity to: (1) Solicit or request a referral fee from a real estate licensee without reasonable cause; or (2) Threaten to reduce or withhold employee relocation benefits or to take other action adverse to the interests of a client of a real estate licensee because of an agency relationship. (b) Reasonable cause allows a real estate licensee to solicit or request a referral fee but does not necessarily mean that the licensee has a legal right to be paid a referral fee. Acts 1999, ch. 160, § 4.
(a) It is unlawful for any person or entity to: (1) Solicit or request a referral fee from a real estate licensee without reasonable cause; or (2) Threaten to reduce or withhold employee relocation benefits or to take other action adverse to the interests of a client of a real estate licensee because of an agency relationship.
(1) Solicit or request a referral fee from a real estate licensee without reasonable cause; or
(2) Threaten to reduce or withhold employee relocation benefits or to take other action adverse to the interests of a client of a real estate licensee because of an agency relationship.
(b) Reasonable cause allows a real estate licensee to solicit or request a referral fee but does not necessarily mean that the licensee has a legal right to be paid a referral fee.
Acts 1999, ch. 160, § 4.
Tenn. Code Ann. § 62-32-201 — TN Code / Title 62 / Chapter 32 / Section 62-32-201
Purpose of part
Status: in_force

The purpose of this part is to regulate the leasing, selling and servicing of portable fire extinguishers and the installing and servicing of fixed fire extinguisher systems (nonwater) in the interest of safeguarding lives and property. Acts 1986, ch. 721, §§ 1, 2.
The purpose of this part is to regulate the leasing, selling and servicing of portable fire extinguishers and the installing and servicing of fixed fire extinguisher systems (nonwater) in the interest of safeguarding lives and property.
Acts 1986, ch. 721, §§ 1, 2.
Tenn. Code Ann. § 62-19-123 — TN Code / Title 62 / Chapter 19 / Section 62-19-123
Hearings and judicial review
Status: in_force

The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, governs all matters and procedures respecting the hearing and judicial review of any contested case arising under this chapter. Acts 1980, ch. 451, § 11; T.C.A., § 62-1924.
The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, governs all matters and procedures respecting the hearing and judicial review of any contested case arising under this chapter.
Acts 1980, ch. 451, § 11; T.C.A., § 62-1924.
Tenn. Code Ann. § 62-39-406 — TN Code / Title 62 / Chapter 39 / Section 62-39-406
Length of validity of registration
Status: in_force

Registration shall be valid for two (2) years from its issuance. Acts 2010, ch. 963, § 7.
Registration shall be valid for two (2) years from its issuance.
Acts 2010, ch. 963, § 7.
Tenn. Code Ann. § 62-51-101 — TN Code / Title 62 / Chapter 51 / Section 62-51-101
Posing as being licensed or bonded - Penalty
Status: in_force

In addition to any other penalty provided by law, it is unlawful for any individual, firm, association or corporation to advertise or otherwise claim to be licensed or bonded to perform any service unless local, state or federal law, in fact, requires licensing or bonding to perform the service, and the person is so licensed or bonded. A violation of this section is a Class A misdemeanor. Acts 1986, ch. 790, § 1.
In addition to any other penalty provided by law, it is unlawful for any individual, firm, association or corporation to advertise or otherwise claim to be licensed or bonded to perform any service unless local, state or federal law, in fact, requires licensing or bonding to perform the service, and the person is so licensed or bonded. A violation of this section is a Class A misdemeanor.
Acts 1986, ch. 790, § 1.
Tenn. Code Ann. § 62-6-518 — TN Code / Title 62 / Chapter 6 / Section 62-6-518
Civil penalty
Status: in_force

(a) After notice and an opportunity for a hearing, the board is authorized to impose a civil penalty in an amount not to exceed twenty-five thousand dollars ($25,000) per violation for a violation of § 62-6-510(3), (4) or (14) . The penalty shall be in addition to any other penalty authorized pursuant to this part. (b) In addition to the civil penalty authorized pursuant to subsection (a), a violation of § 62-6-510(3), (4) or (14) shall be construed to constitute an unfair or deceptive act or practice affecting the conduct of trade or commerce under the Tennessee Consumer Protection Act, compiled in title 47, chapter 18; and, as such, the private right of action remedy under that act shall be available to any person who suffers an ascertainable loss of money or property, real, personal, or mixed, or any other article, commodity or thing of value wherever situated as a result of a violation. Acts 2007 , ch. 460, § 2.
(a) After notice and an opportunity for a hearing, the board is authorized to impose a civil penalty in an amount not to exceed twenty-five thousand dollars ($25,000) per violation for a violation of § 62-6-510(3), (4) or (14) . The penalty shall be in addition to any other penalty authorized pursuant to this part.
(b) In addition to the civil penalty authorized pursuant to subsection (a), a violation of § 62-6-510(3), (4) or (14) shall be construed to constitute an unfair or deceptive act or practice affecting the conduct of trade or commerce under the Tennessee Consumer Protection Act, compiled in title 47, chapter 18; and, as such, the private right of action remedy under that act shall be available to any person who suffers an ascertainable loss of money or property, real, personal, or mixed, or any other article, commodity or thing of value wherever situated as a result of a violation.
Acts 2007 , ch. 460, § 2.
Tenn. Code Ann. § 62-35-132 — TN Code / Title 62 / Chapter 35 / Section 62-35-132
Reciprocal agreements with officials of other states
Status: in_force

The commissioner may negotiate and enter into reciprocal agreements with appropriate officials in other states to permit licensed or registered contract security companies or security guards/officers who meet or exceed the qualifications established in this chapter to operate across state lines under mutually acceptable terms. Acts 1987, ch. 436, § 33.
The commissioner may negotiate and enter into reciprocal agreements with appropriate officials in other states to permit licensed or registered contract security companies or security guards/officers who meet or exceed the qualifications established in this chapter to operate across state lines under mutually acceptable terms.
Acts 1987, ch. 436, § 33.
Tenn. Code Ann. § 62-2-101 — TN Code / Title 62 / Chapter 2 / Section 62-2-101
Registration
Status: in_force

In order to safeguard life, health and property and to promote public welfare, by requiring that only properly qualified persons shall practice architecture, engineering and landscape architecture, or use the title "registered interior designer" in this state, any person practicing architecture, engineering or landscape architecture or using the title "registered interior designer" shall be registered as provided in this chapter, and it is unlawful for any person to practice or offer to practice architecture, engineering or landscape architecture, or use the title "registered interior designer" unless the person has been duly registered under this chapter, except as otherwise provided. Acts 1979, ch. 263, § 1; T.C.A., § 62-201; Acts 1988, ch. 990, § 1; 1991, ch. 164, § 8; 1997, ch. 33, § 1.
In order to safeguard life, health and property and to promote public welfare, by requiring that only properly qualified persons shall practice architecture, engineering and landscape architecture, or use the title "registered interior designer" in this state, any person practicing architecture, engineering or landscape architecture or using the title "registered interior designer" shall be registered as provided in this chapter, and it is unlawful for any person to practice or offer to practice architecture, engineering or landscape architecture, or use the title "registered interior designer" unless the person has been duly registered under this chapter, except as otherwise provided.
Acts 1979, ch. 263, § 1; T.C.A., § 62-201; Acts 1988, ch. 990, § 1; 1991, ch. 164, § 8; 1997, ch. 33, § 1.
Tenn. Code Ann. § 62-38-207 — TN Code / Title 62 / Chapter 38 / Section 62-38-207
Records - Signed acknowledgement by parent or guardian of minor - Attestations - Instructions
Status: in_force

(a) (1) A record showing the date of a client's visit, the client's name, with the client's signature, address and date of birth, design of the tattoo, its location on the client's body and the name of the tattoo artist who performed the service shall be maintained by tattoo studios for two (2) years. (2) If tattooing services are provided to a minor pursuant to § 62-38-211 , the tattoo artist performing such services shall obtain a signed acknowledgement from the minor's parent or guardian that such parent or guardian has reviewed the statutes contained in this part, and the tattoo studio where such services are performed shall send a copy of both the signed acknowledgement and the record made pursuant to subdivision (a)(1) to the department. The department shall maintain any copy of a record and accompanying signed acknowledgement that it receives pursuant to this subdivision (a)(2) until two (2) years following the eighteenth birthday of the minor who is the subject of the record. (b) Records shall be entered in ink and shall be made available to the local health department upon request, at a reasonable time, for examination. (c) Clients receiving a tattoo shall attest to the fact that they are not under the influence of drugs or alcohol. (d) Printed instructions on the care of skin shall be given to each client after tattooing and a copy of the instructions shall be posted in a conspicuous place in the tattoo studio. Acts 1996, ch. 1004, § 8; 2008 , ch. 803, § 1; 2012 , ch. 981, § 3.
(a) (1) A record showing the date of a client's visit, the client's name, with the client's signature, address and date of birth, design of the tattoo, its location on the client's body and the name of the tattoo artist who performed the service shall be maintained by tattoo studios for two (2) years. (2) If tattooing services are provided to a minor pursuant to § 62-38-211 , the tattoo artist performing such services shall obtain a signed acknowledgement from the minor's parent or guardian that such parent or guardian has reviewed the statutes contained in this part, and the tattoo studio where such services are performed shall send a copy of both the signed acknowledgement and the record made pursuant to subdivision (a)(1) to the department. The department shall maintain any copy of a record and accompanying signed acknowledgement that it receives pursuant to this subdivision (a)(2) until two (2) years following the eighteenth birthday of the minor who is the subject of the record.
(1) A record showing the date of a client's visit, the client's name, with the client's signature, address and date of birth, design of the tattoo, its location on the client's body and the name of the tattoo artist who performed the service shall be maintained by tattoo studios for two (2) years.
(2) If tattooing services are provided to a minor pursuant to § 62-38-211 , the tattoo artist performing such services shall obtain a signed acknowledgement from the minor's parent or guardian that such parent or guardian has reviewed the statutes contained in this part, and the tattoo studio where such services are performed shall send a copy of both the signed acknowledgement and the record made pursuant to subdivision (a)(1) to the department. The department shall maintain any copy of a record and accompanying signed acknowledgement that it receives pursuant to this subdivision (a)(2) until two (2) years following the eighteenth birthday of the minor who is the subject of the record.
(b) Records shall be entered in ink and shall be made available to the local health department upon request, at a reasonable time, for examination.
(c) Clients receiving a tattoo shall attest to the fact that they are not under the influence of drugs or alcohol.
(d) Printed instructions on the care of skin shall be given to each client after tattooing and a copy of the instructions shall be posted in a conspicuous place in the tattoo studio.
Acts 1996, ch. 1004, § 8; 2008 , ch. 803, § 1; 2012 , ch. 981, § 3.
Tenn. Code Ann. § 62-18-211 — TN Code / Title 62 / Chapter 18 / Section 62-18-211
Duties of commissioner
Status: in_force

In addition to other powers and duties specified in this chapter, the commissioner shall: (1) Promulgate rules and regulations necessary to carry out this part in compliance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; (2) Design and adopt an official seal for licensed professional soil scientists to be applied to all drawings, reports, maps, documents, or other papers involving practicing soil science as defined in this part, that have been prepared or approved by a licensed soil scientist or a subordinate employee under such soil scientist's direction for the use of or for delivery to any person or for public record within this state. Such drawings, reports, maps, documents, or other papers shall be signed by the licensee and impressed with the licensee's seal. Such acts shall indicate a licensee's responsibility for such drawings, reports, or other papers or documents; (3) Set the amount of all fees required by this part; (4) Promulgate rules requiring continuing education; (5) Identify and approve continuing education programs for persons regulated by the commissioner under this part; (6) Receive, administer, and account for all moneys derived under this part and transfer such funds to the state treasurer who shall keep such moneys in a fund, herein established, to be known as the "geologist and soil scientist regulatory fund". The fund shall be used to defray expenses incurred in the administration of the Geologist Licensure Act of 2007, compiled in chapter 36, part 1 of this title, and this chapter; (7) Prepare, administer, and grade a nationally recognized soil scientist examination for the purposes of licensure as required by this part; and (8) Have such other powers and duties as are necessary to effectuate this part. Amended by 2020 Tenn. Acts, ch. 641, s 3, eff. 4/1/2020. Amended by 2014 Tenn. Acts, ch. 921,s 1, eff. 7/1/2014. Acts 2010 , ch. 1032, § 12.
In addition to other powers and duties specified in this chapter, the commissioner shall:
(1) Promulgate rules and regulations necessary to carry out this part in compliance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5;
(2) Design and adopt an official seal for licensed professional soil scientists to be applied to all drawings, reports, maps, documents, or other papers involving practicing soil science as defined in this part, that have been prepared or approved by a licensed soil scientist or a subordinate employee under such soil scientist's direction for the use of or for delivery to any person or for public record within this state. Such drawings, reports, maps, documents, or other papers shall be signed by the licensee and impressed with the licensee's seal. Such acts shall indicate a licensee's responsibility for such drawings, reports, or other papers or documents;
(3) Set the amount of all fees required by this part;
(4) Promulgate rules requiring continuing education;
(5) Identify and approve continuing education programs for persons regulated by the commissioner under this part;
(6) Receive, administer, and account for all moneys derived under this part and transfer such funds to the state treasurer who shall keep such moneys in a fund, herein established, to be known as the "geologist and soil scientist regulatory fund". The fund shall be used to defray expenses incurred in the administration of the Geologist Licensure Act of 2007, compiled in chapter 36, part 1 of this title, and this chapter;
(7) Prepare, administer, and grade a nationally recognized soil scientist examination for the purposes of licensure as required by this part; and
(8) Have such other powers and duties as are necessary to effectuate this part.
Amended by 2020 Tenn. Acts, ch. 641, s 3, eff. 4/1/2020.
Amended by 2014 Tenn. Acts, ch. 921,s 1, eff. 7/1/2014.
Acts 2010 , ch. 1032, § 12.
Tenn. Code Ann. § 62-18-106 — TN Code / Title 62 / Chapter 18 / Section 62-18-106
Board meetings - Officers - Rules
Status: in_force

(a) (1) The board shall hold at least one (1) regular meeting each year. (2) Special meetings shall be held at such times as the bylaws of the board may provide. (3) Notice of all meetings shall be given in the manner that the bylaws of the board may provide. (4) The board shall elect annually from its members a chair and vice chair. (5) A quorum of the board shall consist of a simple majority of the members. (b) The director of the division of regulatory boards in the department of commerce and insurance or the director's designee shall serve as secretary for the board. (c) The board shall, in compliance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, promulgate rules and regulations that incorporate and establish minimum acceptable standards of practice for licensed land surveyors. (d) The board has the authority to establish continuing educational requirements and standards for land surveyors. Any rules promulgated to effect this subsection (d) shall be promulgated in compliance with the Uniform Administrative Procedures Act. (e) Any continuing education requirements established pursuant to this part shall provide that persons practicing land surveying who were born prior to January 1, 1928, shall be exempt from complying with continuing education standards and requirements. Acts 1969, ch. 207, § 6; 1978, ch. 906, § 26; 1979, ch. 21, § 4; T.C.A., § 62-1806; Acts 1991, ch. 6, § 1; 1996, ch. 783, § 1; 1998, ch. 754, § 1; 2000, ch. 652, § 1.
(a) (1) The board shall hold at least one (1) regular meeting each year. (2) Special meetings shall be held at such times as the bylaws of the board may provide. (3) Notice of all meetings shall be given in the manner that the bylaws of the board may provide. (4) The board shall elect annually from its members a chair and vice chair. (5) A quorum of the board shall consist of a simple majority of the members.
(1) The board shall hold at least one (1) regular meeting each year.
(2) Special meetings shall be held at such times as the bylaws of the board may provide.
(3) Notice of all meetings shall be given in the manner that the bylaws of the board may provide.
(4) The board shall elect annually from its members a chair and vice chair.
(5) A quorum of the board shall consist of a simple majority of the members.
(b) The director of the division of regulatory boards in the department of commerce and insurance or the director's designee shall serve as secretary for the board.
(c) The board shall, in compliance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, promulgate rules and regulations that incorporate and establish minimum acceptable standards of practice for licensed land surveyors.
(d) The board has the authority to establish continuing educational requirements and standards for land surveyors. Any rules promulgated to effect this subsection (d) shall be promulgated in compliance with the Uniform Administrative Procedures Act.
(e) Any continuing education requirements established pursuant to this part shall provide that persons practicing land surveying who were born prior to January 1, 1928, shall be exempt from complying with continuing education standards and requirements.
Acts 1969, ch. 207, § 6; 1978, ch. 906, § 26; 1979, ch. 21, § 4; T.C.A., § 62-1806; Acts 1991, ch. 6, § 1; 1996, ch. 783, § 1; 1998, ch. 754, § 1; 2000, ch. 652, § 1.
Tenn. Code Ann. § 62-6-136 — TN Code / Title 62 / Chapter 6 / Section 62-6-136
Unlawful representation as a licensed contractor or acting as a contractor - Penalties - Liability
Status: in_force

(a) It is unlawful for any person, firm or corporation to represent itself as a licensed contractor or to act in the capacity of a "contractor" as defined in §§ 62-6-102 , or 62-37-103 [repealed], and related rules and regulations of this state, or any similar statutes, rules and regulations of another state, while not licensed, unless such person, firm or corporation has been duly licensed under § 62-6-103 or [former] § 62-37-104 [repealed]. (b) In addition to the penalties set out in § 62-6-120 , [former] § 62-37-114 [repealed] or [former] § 62-37-127 [repealed], a violation of this section shall be construed to constitute an unfair or deceptive act or practice affecting the conduct of trade or commerce under the Tennessee Consumer Protection Act of 1977, compiled in title 47, chapter 18, part 1; and, as such, the private right of action remedy under the Tennessee Consumer Protection Act of 1977 shall be available to any person who suffers an ascertainable loss of money or property, real, personal or mixed, or any other article, commodity or thing of value wherever situated as a result of the violation. (c) An individual who violates this section and would, but for this section, have limited liability as owner of an entity having limited liability protection, including, but not limited to, a corporation, is personally liable for the individual's own representations, acts or omissions to the same extent as if that individual rendered the representations, acts or omissions as an individual. Acts 2004, ch. 492, § 2.
(a) It is unlawful for any person, firm or corporation to represent itself as a licensed contractor or to act in the capacity of a "contractor" as defined in §§ 62-6-102 , or 62-37-103 [repealed], and related rules and regulations of this state, or any similar statutes, rules and regulations of another state, while not licensed, unless such person, firm or corporation has been duly licensed under § 62-6-103 or [former] § 62-37-104 [repealed].
(b) In addition to the penalties set out in § 62-6-120 , [former] § 62-37-114 [repealed] or [former] § 62-37-127 [repealed], a violation of this section shall be construed to constitute an unfair or deceptive act or practice affecting the conduct of trade or commerce under the Tennessee Consumer Protection Act of 1977, compiled in title 47, chapter 18, part 1; and, as such, the private right of action remedy under the Tennessee Consumer Protection Act of 1977 shall be available to any person who suffers an ascertainable loss of money or property, real, personal or mixed, or any other article, commodity or thing of value wherever situated as a result of the violation.
(c) An individual who violates this section and would, but for this section, have limited liability as owner of an entity having limited liability protection, including, but not limited to, a corporation, is personally liable for the individual's own representations, acts or omissions to the same extent as if that individual rendered the representations, acts or omissions as an individual.
Acts 2004, ch. 492, § 2.
Tenn. Code Ann. § 62-38-302 — TN Code / Title 62 / Chapter 38 / Section 62-38-302
License required - Sanitation and sterilization compliance required
Status: in_force

No person shall perform a body piercing procedure without a license and in a manner that does not meet the standards for appropriate disinfecting and sterilization of invasive equipment used in performing the procedures established by this part and the rules adopted pursuant to this part. Acts 2001, ch. 336, § 3.
No person shall perform a body piercing procedure without a license and in a manner that does not meet the standards for appropriate disinfecting and sterilization of invasive equipment used in performing the procedures established by this part and the rules adopted pursuant to this part.
Acts 2001, ch. 336, § 3.
Tenn. Code Ann. § 62-38-210 — TN Code / Title 62 / Chapter 38 / Section 62-38-210
Local regulations superseded - Applicability to physicians and surgeons
Status: in_force

(a) This part shall supersede all county and local regulations concerning tattooing to give uniformity in compliance within this state. (b) This part does not apply to any physician, surgeon or any person under the supervision of a physician or surgeon who is licensed to practice medicine in this state. (c) The commissioner shall promulgate rules governing implementation of this chapter. Acts 1996, ch. 1004, § 11; 1999, ch. 229, § 9; 2012, ch. 981, § 7.
(a) This part shall supersede all county and local regulations concerning tattooing to give uniformity in compliance within this state.
(b) This part does not apply to any physician, surgeon or any person under the supervision of a physician or surgeon who is licensed to practice medicine in this state.
(c) The commissioner shall promulgate rules governing implementation of this chapter.
Acts 1996, ch. 1004, § 11; 1999, ch. 229, § 9; 2012, ch. 981, § 7.
Tenn. Code Ann. § 62-2-504 — TN Code / Title 62 / Chapter 2 / Section 62-2-504
Examinations - Fees
Status: in_force

(a) The written examination for candidates who are eligible for registration under § 62-2-501 may be the current architect registration examination prepared by the National Council of Architectural Registration Boards (N.C.A.R.B.), as accepted by the board. (b) The board shall be responsible for administering and grading the examinations. (c) Candidates will retain credit for any parts of the examination passed and may, at the board's discretion, be permitted to have unlimited retakes of any parts of the examination failed. (d) The deadline date for receipt of applications for examination shall be at the discretion of the board. Each applicant eligible for written examination shall be notified of the dates set for each part of the examination, where it shall be held and the instruments and materials the applicant shall provide. (e) The initial application fee shall entitle the candidate to one (1) examination of a prescribed number of parts. An additional fee shall be required for the retaking and examination or parts thereof. No refunds will be made. Acts 1979, ch. 263, § 18; 1980, ch. 627, §§ 2, 3, 8-10; T.C.A., § 62-218; Acts 1983, ch. 71, § 7.
(a) The written examination for candidates who are eligible for registration under § 62-2-501 may be the current architect registration examination prepared by the National Council of Architectural Registration Boards (N.C.A.R.B.), as accepted by the board.
(b) The board shall be responsible for administering and grading the examinations.
(c) Candidates will retain credit for any parts of the examination passed and may, at the board's discretion, be permitted to have unlimited retakes of any parts of the examination failed.
(d) The deadline date for receipt of applications for examination shall be at the discretion of the board. Each applicant eligible for written examination shall be notified of the dates set for each part of the examination, where it shall be held and the instruments and materials the applicant shall provide.
(e) The initial application fee shall entitle the candidate to one (1) examination of a prescribed number of parts. An additional fee shall be required for the retaking and examination or parts thereof. No refunds will be made.
Acts 1979, ch. 263, § 18; 1980, ch. 627, §§ 2, 3, 8-10; T.C.A., § 62-218; Acts 1983, ch. 71, § 7.
Tenn. Code Ann. § 62-3-125 — TN Code / Title 62 / Chapter 3 / Section 62-3-125
Signs displayed by schools
Status: in_force

No barber school or college shall be allowed to display a barber pole or any other sign customarily used by a barber shop, but must have a sign with letters no less than five inches (5") high indicating barber school or college and shall display a sign indicating that the work there is done by students exclusively. Acts 1951, ch. 231, § 3 (Williams, § 7123); T.C.A. (orig. ed.), § 62-328.
No barber school or college shall be allowed to display a barber pole or any other sign customarily used by a barber shop, but must have a sign with letters no less than five inches (5") high indicating barber school or college and shall display a sign indicating that the work there is done by students exclusively.
Acts 1951, ch. 231, § 3 (Williams, § 7123); T.C.A. (orig. ed.), § 62-328.
Tenn. Code Ann. § 62-1-202 — TN Code / Title 62 / Chapter 1 / Section 62-1-202
Review committees - Confidentiality of records and proceedings - Scope of confidentiality
Status: in_force

(a) The proceedings, records, and work papers of a review committee shall be privileged and confidential and shall not be subject to discovery, subpoena, or other means of legal process or introduction into evidence in any civil action, arbitration, or administrative proceeding other than a state board of accountancy proceeding; and no member of the review committee or person who was involved in the peer review process shall be permitted or required to testify in any civil action, arbitration, or administrative proceeding other than a state board of accountancy proceeding as to any matters produced, presented, disclosed, or discussed during or in connection with the peer review process or as to any findings, recommendations, evaluations, opinions, or other actions of the committees or any member of the committees; provided, that information, documents, or records that are publicly available are not immune from discovery or use in any civil action, arbitration, administrative proceeding, or state board of accountancy proceeding merely because they were presented or considered in connection with the peer review process. (b) The privilege created by this part also does not apply to materials prepared in connection with a particular engagement merely because they happen to be subsequently presented or considered as part of the peer review process, nor does it apply to disputes between review committees and persons or firms subject to a peer review arising from the performance of the peer review. Amended by 2016 Tenn. Acts, ch. 595,s 4, eff. 3/10/2016. Acts 1991, ch. 274, § 1; 1998, ch. 700, § 14.
(a) The proceedings, records, and work papers of a review committee shall be privileged and confidential and shall not be subject to discovery, subpoena, or other means of legal process or introduction into evidence in any civil action, arbitration, or administrative proceeding other than a state board of accountancy proceeding; and no member of the review committee or person who was involved in the peer review process shall be permitted or required to testify in any civil action, arbitration, or administrative proceeding other than a state board of accountancy proceeding as to any matters produced, presented, disclosed, or discussed during or in connection with the peer review process or as to any findings, recommendations, evaluations, opinions, or other actions of the committees or any member of the committees; provided, that information, documents, or records that are publicly available are not immune from discovery or use in any civil action, arbitration, administrative proceeding, or state board of accountancy proceeding merely because they were presented or considered in connection with the peer review process.
(b) The privilege created by this part also does not apply to materials prepared in connection with a particular engagement merely because they happen to be subsequently presented or considered as part of the peer review process, nor does it apply to disputes between review committees and persons or firms subject to a peer review arising from the performance of the peer review.
Amended by 2016 Tenn. Acts, ch. 595,s 4, eff. 3/10/2016.
Acts 1991, ch. 274, § 1; 1998, ch. 700, § 14.
Tenn. Code Ann. § 62-27-116 — TN Code / Title 62 / Chapter 27 / Section 62-27-116
Valid license prerequisite to court claim
Status: in_force

No action or counterclaim shall be maintained by any person rendering polygraph examiner services as defined by this chapter in any court in this state with respect to any agreement or service for which a license is required by this chapter, to recover the agreed price or any compensation under the agreement or for services for which a license is required by this chapter without alleging and proving that the person had a valid license at the time of making the agreement or performing the services. Acts 1978, ch. 900, § 18; 1980, ch. 705, § 7; T.C.A., § 62-2717.
No action or counterclaim shall be maintained by any person rendering polygraph examiner services as defined by this chapter in any court in this state with respect to any agreement or service for which a license is required by this chapter, to recover the agreed price or any compensation under the agreement or for services for which a license is required by this chapter without alleging and proving that the person had a valid license at the time of making the agreement or performing the services.
Acts 1978, ch. 900, § 18; 1980, ch. 705, § 7; T.C.A., § 62-2717.
Tenn. Code Ann. § 62-3-130 — TN Code / Title 62 / Chapter 3 / Section 62-3-130
Penalty for violations
Status: in_force

Each of the following constitutes a Class B misdemeanor: (1) The violation of any of the provisions of this chapter; (2) Permitting any person under one's supervision or control to engage in any practice of barbering without a valid certificate of registration issued by the state board of cosmetology and barber examiners; (3) Obtaining or attempting to obtain a certificate of registration for money other than the required fee or any other thing of value or by fraudulent misrepresentations; (4) Practicing or attempting to practice by fraudulent misrepresentations; (5) The willful failure to display a certificate of registration as required by § 62-3-118 ; and (6) Failure to comply with a lawful order of the board. Amended by 2015 Tenn. Acts, ch. 402, s 10, eff. 7/1/2015. Acts 1929, ch. 118, § 17; Code 1932, § 7133; Acts 1965, ch. 268, §3; T.C.A. (orig. ed.), § 62-333; Acts 1982, ch. 870, § 14; 1986, ch. 921, § 24; 1989, ch. 591, §113; 1996, ch. 895, § 12.
Each of the following constitutes a Class B misdemeanor:
(1) The violation of any of the provisions of this chapter;
(2) Permitting any person under one's supervision or control to engage in any practice of barbering without a valid certificate of registration issued by the state board of cosmetology and barber examiners;
(3) Obtaining or attempting to obtain a certificate of registration for money other than the required fee or any other thing of value or by fraudulent misrepresentations;
(4) Practicing or attempting to practice by fraudulent misrepresentations;
(5) The willful failure to display a certificate of registration as required by § 62-3-118 ; and
(6) Failure to comply with a lawful order of the board.
Amended by 2015 Tenn. Acts, ch. 402, s 10, eff. 7/1/2015.
Acts 1929, ch. 118, § 17; Code 1932, § 7133; Acts 1965, ch. 268, §3; T.C.A. (orig. ed.), § 62-333; Acts 1982, ch. 870, § 14; 1986, ch. 921, § 24; 1989, ch. 591, §113; 1996, ch. 895, § 12.
Tenn. Code Ann. § 62-6-302 — TN Code / Title 62 / Chapter 6 / Section 62-6-302
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Client" means any person who hires or seeks to hire a home inspector to obtain a home inspection or home inspection report; (2) "Commissioner" means the commissioner of commerce and insurance or the commissioner's designee; (3) (A) "Home inspection" means a visual analysis for the purpose of providing a professional opinion of the condition of a residential building, ancillary buildings, any reasonably accessible installed components and the operation of the building's systems, including any controls normally operated by the owner of the building, for the following components: (i) Heating systems; (ii) Cooling systems; (iii) Electrical systems; (iv) Plumbing systems; (v) Structural components; (vi) Foundations; (vii) Roof coverings; (viii) Exterior and interior components; and (ix) Any other site aspects that affect the residential dwelling; (B) "Home inspection" does not mean a compliance inspection for building codes or any other codes adopted by this state or a political subdivision of this state. "Home inspection" does not mean any work that is within the scope of practice of architecture, engineering or landscape architecture or is performed by a person qualified to use the title "registered interior designer," all as defined in chapter 2 of this title. "Home inspection" also does not mean an inspection or assessment by a lender, either as a part of an evaluation of value or for purposes of determining whether or not to extend credit; provided, that that inspection or assessment shall not be represented as a "home inspection report"; (4) "Home inspection report" means a legibly written document prepared for compensation and issued after a home inspection. The report shall include the following: (A) A report on any system or component inspected that, in the opinion of the inspector, is significantly deficient. A report under this subdivision (4) must include the reason why the system or component is significantly deficient; (B) A list of any systems or components that were designated for inspection in the standards of practice adopted by the commissioner but that were not inspected; (C) The reason a system or component listed under subdivision (4)(B) was not inspected; (D) A statement that the report does not address environmental hazards, including: (i) Lead-based paint; (ii) Radon; (iii) Asbestos; (iv) Cockroaches; (v) Rodents; (vi) Pesticides; (vii) Treated lumber; (viii) Fungus; (ix) Mercury; (x) Carbon monoxide; or (xi) Other similar environmental hazards; (E) A statement that the report does not address wood destroying insects and organisms; and (F) A statement that the report does not address subterranean systems or system components, operational or nonoperational, including: (i) Sewage disposal; (ii) Water supply; or (iii) Fuel storage or delivery; (5) "Home inspector" means any person who is licensed under this part as a home inspector and who engages in the business of performing home inspections and writing home inspection reports; and (6) "Residential building" means a structure that is intended to be or is in fact used as a residence consisting of from one (1) to four (4) family dwelling units. Acts 2005, ch. 65, § 3.
As used in this part, unless the context otherwise requires:
(1) "Client" means any person who hires or seeks to hire a home inspector to obtain a home inspection or home inspection report;
(2) "Commissioner" means the commissioner of commerce and insurance or the commissioner's designee;
(3) (A) "Home inspection" means a visual analysis for the purpose of providing a professional opinion of the condition of a residential building, ancillary buildings, any reasonably accessible installed components and the operation of the building's systems, including any controls normally operated by the owner of the building, for the following components: (i) Heating systems; (ii) Cooling systems; (iii) Electrical systems; (iv) Plumbing systems; (v) Structural components; (vi) Foundations; (vii) Roof coverings; (viii) Exterior and interior components; and (ix) Any other site aspects that affect the residential dwelling; (B) "Home inspection" does not mean a compliance inspection for building codes or any other codes adopted by this state or a political subdivision of this state. "Home inspection" does not mean any work that is within the scope of practice of architecture, engineering or landscape architecture or is performed by a person qualified to use the title "registered interior designer," all as defined in chapter 2 of this title. "Home inspection" also does not mean an inspection or assessment by a lender, either as a part of an evaluation of value or for purposes of determining whether or not to extend credit; provided, that that inspection or assessment shall not be represented as a "home inspection report";
(A) "Home inspection" means a visual analysis for the purpose of providing a professional opinion of the condition of a residential building, ancillary buildings, any reasonably accessible installed components and the operation of the building's systems, including any controls normally operated by the owner of the building, for the following components: (i) Heating systems; (ii) Cooling systems; (iii) Electrical systems; (iv) Plumbing systems; (v) Structural components; (vi) Foundations; (vii) Roof coverings; (viii) Exterior and interior components; and (ix) Any other site aspects that affect the residential dwelling;
(i) Heating systems;
(ii) Cooling systems;
(iii) Electrical systems;
(iv) Plumbing systems;
(v) Structural components;
(vi) Foundations;
(vii) Roof coverings;
(viii) Exterior and interior components; and
(ix) Any other site aspects that affect the residential dwelling;
(B) "Home inspection" does not mean a compliance inspection for building codes or any other codes adopted by this state or a political subdivision of this state. "Home inspection" does not mean any work that is within the scope of practice of architecture, engineering or landscape architecture or is performed by a person qualified to use the title "registered interior designer," all as defined in chapter 2 of this title. "Home inspection" also does not mean an inspection or assessment by a lender, either as a part of an evaluation of value or for purposes of determining whether or not to extend credit; provided, that that inspection or assessment shall not be represented as a "home inspection report";
(4) "Home inspection report" means a legibly written document prepared for compensation and issued after a home inspection. The report shall include the following: (A) A report on any system or component inspected that, in the opinion of the inspector, is significantly deficient. A report under this subdivision (4) must include the reason why the system or component is significantly deficient; (B) A list of any systems or components that were designated for inspection in the standards of practice adopted by the commissioner but that were not inspected; (C) The reason a system or component listed under subdivision (4)(B) was not inspected; (D) A statement that the report does not address environmental hazards, including: (i) Lead-based paint; (ii) Radon; (iii) Asbestos; (iv) Cockroaches; (v) Rodents; (vi) Pesticides; (vii) Treated lumber; (viii) Fungus; (ix) Mercury; (x) Carbon monoxide; or (xi) Other similar environmental hazards; (E) A statement that the report does not address wood destroying insects and organisms; and (F) A statement that the report does not address subterranean systems or system components, operational or nonoperational, including: (i) Sewage disposal; (ii) Water supply; or (iii) Fuel storage or delivery;
(A) A report on any system or component inspected that, in the opinion of the inspector, is significantly deficient. A report under this subdivision (4) must include the reason why the system or component is significantly deficient;
(B) A list of any systems or components that were designated for inspection in the standards of practice adopted by the commissioner but that were not inspected;
(C) The reason a system or component listed under subdivision (4)(B) was not inspected;
(D) A statement that the report does not address environmental hazards, including: (i) Lead-based paint; (ii) Radon; (iii) Asbestos; (iv) Cockroaches; (v) Rodents; (vi) Pesticides; (vii) Treated lumber; (viii) Fungus; (ix) Mercury; (x) Carbon monoxide; or (xi) Other similar environmental hazards;
(i) Lead-based paint;
(ii) Radon;
(iii) Asbestos;
(iv) Cockroaches;
(v) Rodents;
(vi) Pesticides;
(vii) Treated lumber;
(viii) Fungus;
(ix) Mercury;
(x) Carbon monoxide; or
(xi) Other similar environmental hazards;
(E) A statement that the report does not address wood destroying insects and organisms; and
(F) A statement that the report does not address subterranean systems or system components, operational or nonoperational, including: (i) Sewage disposal; (ii) Water supply; or (iii) Fuel storage or delivery;
(i) Sewage disposal;
(ii) Water supply; or
(iii) Fuel storage or delivery;
(5) "Home inspector" means any person who is licensed under this part as a home inspector and who engages in the business of performing home inspections and writing home inspection reports; and
(6) "Residential building" means a structure that is intended to be or is in fact used as a residence consisting of from one (1) to four (4) family dwelling units.
Acts 2005, ch. 65, § 3.
Tenn. Code Ann. § 62-19-107 — TN Code / Title 62 / Chapter 19 / Section 62-19-107
Meetings of commission
Status: in_force

(a) The commission shall meet at least one (1) time each quarter of every calendar year for the purpose of transacting business that may properly come before it. (b) Special meetings of the commission shall be held at times that the commission may provide in the bylaws it may adopt. (c) Three (3) members shall constitute a quorum at a commission meeting. (d) Due notice of each meeting and the time and place of the meeting shall be given each member in the manner that the bylaws may provide. Acts 1967, ch. 335, § 7; T.C.A., § 62-1907; Acts 1983, ch. 250, §5; 1997 , ch. 91, § 4.
(a) The commission shall meet at least one (1) time each quarter of every calendar year for the purpose of transacting business that may properly come before it.
(b) Special meetings of the commission shall be held at times that the commission may provide in the bylaws it may adopt.
(c) Three (3) members shall constitute a quorum at a commission meeting.
(d) Due notice of each meeting and the time and place of the meeting shall be given each member in the manner that the bylaws may provide.
Acts 1967, ch. 335, § 7; T.C.A., § 62-1907; Acts 1983, ch. 250, §5; 1997 , ch. 91, § 4.
Tenn. Code Ann. § 62-6-126 — TN Code / Title 62 / Chapter 6 / Section 62-6-126
Retirement of license - Procedure - Fee - Reinstatement - Disciplinary actions - Renewal - Transferability
Status: in_force

(a) Any licensee may retire the licensee's license by submitting a form prescribed by the board accompanied by the current active license certificate and a fee of twenty-five dollars ($25.00). Upon receipt of an acceptable application to retire, the board shall issue a retired inactive license certificate to the contractor. The holder of a retired license shall not be entitled to practice as a contractor until the licensee is reinstated. (b) Any licensee who is not engaged in work or activities that require a contractor's license may apply for a retired license. (c) A retired license shall be valid for a period of one (1) year from the annual renewal date. If the inactive licensee wishes to remain inactive for any portion of a subsequent calendar year, the licensee shall pay an additional inactive fee of twenty-five dollars ($25.00) on or before the annual renewal date of each such year. (d) The board shall not refund any of the renewal fee that a licensee may have paid prior to the receipt of the application to retire. (e) A retired license may be reinstated by submitting an application acceptable to the board, by paying the full renewal fee for an active license and by fulfilling all other requirements of this part. No examination shall be required to reinstate a retired license. (f) The retired status of a license shall not bar any disciplinary action by the board against a licensee for any of the causes provided in this part. (g) In no event may a retired license be renewed for more than seven (7) years dated from the time of initial application. (h) No retired license is transferable. Acts 1991, ch. 216, § 1.
(a) Any licensee may retire the licensee's license by submitting a form prescribed by the board accompanied by the current active license certificate and a fee of twenty-five dollars ($25.00). Upon receipt of an acceptable application to retire, the board shall issue a retired inactive license certificate to the contractor. The holder of a retired license shall not be entitled to practice as a contractor until the licensee is reinstated.
(b) Any licensee who is not engaged in work or activities that require a contractor's license may apply for a retired license.
(c) A retired license shall be valid for a period of one (1) year from the annual renewal date. If the inactive licensee wishes to remain inactive for any portion of a subsequent calendar year, the licensee shall pay an additional inactive fee of twenty-five dollars ($25.00) on or before the annual renewal date of each such year.
(d) The board shall not refund any of the renewal fee that a licensee may have paid prior to the receipt of the application to retire.
(e) A retired license may be reinstated by submitting an application acceptable to the board, by paying the full renewal fee for an active license and by fulfilling all other requirements of this part. No examination shall be required to reinstate a retired license.
(f) The retired status of a license shall not bar any disciplinary action by the board against a licensee for any of the causes provided in this part.
(g) In no event may a retired license be renewed for more than seven (7) years dated from the time of initial application.
(h) No retired license is transferable.
Acts 1991, ch. 216, § 1.
Tenn. Code Ann. § 62-13-401 — TN Code / Title 62 / Chapter 13 / Section 62-13-401
Creation of agency relationship
Status: in_force

A real estate licensee may provide real estate services to any party in a prospective transaction, with or without an agency relationship to one (1) or more parties to the transaction. Until such time as a licensee enters into a specific written agreement to establish an agency relationship with one (1) or more parties to a transaction, the licensee shall be considered a facilitator and shall not be considered an agent or advocate of any party to the transaction. An agency or subagency relationship shall not be assumed, implied or created without a written bilateral agreement that establishes the terms and conditions of the agency or subagency relationship. The negotiation and execution of either an exclusive agency listing agreement or an exclusive right to sell listing agreement with a prospective seller shall establish an agency relationship with the seller. Acts 1995, ch. 246, § 3; 1996, ch. 772, § 4; 2006, ch. 738, § 1.
A real estate licensee may provide real estate services to any party in a prospective transaction, with or without an agency relationship to one (1) or more parties to the transaction. Until such time as a licensee enters into a specific written agreement to establish an agency relationship with one (1) or more parties to a transaction, the licensee shall be considered a facilitator and shall not be considered an agent or advocate of any party to the transaction. An agency or subagency relationship shall not be assumed, implied or created without a written bilateral agreement that establishes the terms and conditions of the agency or subagency relationship. The negotiation and execution of either an exclusive agency listing agreement or an exclusive right to sell listing agreement with a prospective seller shall establish an agency relationship with the seller.
Acts 1995, ch. 246, § 3; 1996, ch. 772, § 4; 2006, ch. 738, § 1.
Tenn. Code Ann. § 62-6-106 — TN Code / Title 62 / Chapter 6 / Section 62-6-106
Certificate of appointment - License requirement - Legal assistance
Status: in_force

(a) Each member of the board shall receive a certificate of appointment from the governor and, before entering upon the discharge of the duties of office, shall file with the secretary of state the constitutional oath of office. (b) (1) No one shall be eligible for appointment on the board who does not at the time hold an unexpired license to operate as a contractor under this part. (2) Subdivision (b)(1) does not apply to the appointment of a member who by law is not permitted to be engaged in the business of contracting in any county of this state. (c) The board, or any committee of the board, shall be entitled to the services of the attorney general and reporter or the legal department of Tennessee in connection with the affairs of the board. Acts 1976, ch. 822, § 6; 1979, ch. 59, § 4; T.C.A., § 62-606.
(a) Each member of the board shall receive a certificate of appointment from the governor and, before entering upon the discharge of the duties of office, shall file with the secretary of state the constitutional oath of office.
(b) (1) No one shall be eligible for appointment on the board who does not at the time hold an unexpired license to operate as a contractor under this part. (2) Subdivision (b)(1) does not apply to the appointment of a member who by law is not permitted to be engaged in the business of contracting in any county of this state.
(1) No one shall be eligible for appointment on the board who does not at the time hold an unexpired license to operate as a contractor under this part.
(2) Subdivision (b)(1) does not apply to the appointment of a member who by law is not permitted to be engaged in the business of contracting in any county of this state.
(c) The board, or any committee of the board, shall be entitled to the services of the attorney general and reporter or the legal department of Tennessee in connection with the affairs of the board.
Acts 1976, ch. 822, § 6; 1979, ch. 59, § 4; T.C.A., § 62-606.
Tenn. Code Ann. § 62-13-201 — TN Code / Title 62 / Chapter 13 / Section 62-13-201
Creation - Members
Status: in_force

(a) There is created the Tennessee real estate commission, referred to in this part as the "commission," which consists of nine (9) members appointed by the governor, each of whom shall be a resident of this state and shall possess good moral character. (b) Seven (7) of the members shall each have been principally engaged as a licensed broker or affiliate broker in this state for at least five (5) years prior to the date of the member's appointment and shall be of recognized business standing. (c) Each of the remaining two (2) members of the commission shall be a person who is not engaged in or conducting the business or acting in the capacity of a real estate broker or affiliate broker, nor shall the two (2) remaining members be engaged in the business of real estate financing or development. (d) (1) Every member of the commission shall be appointed for a term of five (5) years and shall serve until a successor is appointed and qualifies by subscribing to the constitutional oath of office, which shall be filed with the secretary of state. (2) Any vacancy occurring on the commission shall be filled by the governor for the unexpired term. (3) No members shall be appointed to succeed themselves for more than one (1) full term. (4) The governor may remove any member of the commission for misconduct, incompetency or willful neglect of duty. (5) Three (3) members shall be appointed from the eastern grand division, three (3) members shall be appointed from the middle grand division and three (3) members shall be appointed from the western grand division. No more than one (1) of the members appointed pursuant to subsection (c) shall reside in the same grand division. No more than three (3) of the members appointed pursuant to subsection (b) shall reside in the same grand division. (6) In making appointments to the commission, the governor shall strive to ensure that at least one (1) person serving on the commission is sixty (60) years of age or older and that at least one (1) person serving on the commission is a member of a racial minority. Acts 1973, ch. 181, § 7(a)-(e); 1980, ch. 870, § 3; T.C.A., § 62-1309; Acts 1984, ch. 676, § 9; 1988, ch. 1013, § 31; 1993, ch. 172, §§ 1-3.
(a) There is created the Tennessee real estate commission, referred to in this part as the "commission," which consists of nine (9) members appointed by the governor, each of whom shall be a resident of this state and shall possess good moral character.
(b) Seven (7) of the members shall each have been principally engaged as a licensed broker or affiliate broker in this state for at least five (5) years prior to the date of the member's appointment and shall be of recognized business standing.
(c) Each of the remaining two (2) members of the commission shall be a person who is not engaged in or conducting the business or acting in the capacity of a real estate broker or affiliate broker, nor shall the two (2) remaining members be engaged in the business of real estate financing or development.
(d) (1) Every member of the commission shall be appointed for a term of five (5) years and shall serve until a successor is appointed and qualifies by subscribing to the constitutional oath of office, which shall be filed with the secretary of state. (2) Any vacancy occurring on the commission shall be filled by the governor for the unexpired term. (3) No members shall be appointed to succeed themselves for more than one (1) full term. (4) The governor may remove any member of the commission for misconduct, incompetency or willful neglect of duty. (5) Three (3) members shall be appointed from the eastern grand division, three (3) members shall be appointed from the middle grand division and three (3) members shall be appointed from the western grand division. No more than one (1) of the members appointed pursuant to subsection (c) shall reside in the same grand division. No more than three (3) of the members appointed pursuant to subsection (b) shall reside in the same grand division. (6) In making appointments to the commission, the governor shall strive to ensure that at least one (1) person serving on the commission is sixty (60) years of age or older and that at least one (1) person serving on the commission is a member of a racial minority.
(1) Every member of the commission shall be appointed for a term of five (5) years and shall serve until a successor is appointed and qualifies by subscribing to the constitutional oath of office, which shall be filed with the secretary of state.
(2) Any vacancy occurring on the commission shall be filled by the governor for the unexpired term.
(3) No members shall be appointed to succeed themselves for more than one (1) full term.
(4) The governor may remove any member of the commission for misconduct, incompetency or willful neglect of duty.
(5) Three (3) members shall be appointed from the eastern grand division, three (3) members shall be appointed from the middle grand division and three (3) members shall be appointed from the western grand division. No more than one (1) of the members appointed pursuant to subsection (c) shall reside in the same grand division. No more than three (3) of the members appointed pursuant to subsection (b) shall reside in the same grand division.
(6) In making appointments to the commission, the governor shall strive to ensure that at least one (1) person serving on the commission is sixty (60) years of age or older and that at least one (1) person serving on the commission is a member of a racial minority.
Acts 1973, ch. 181, § 7(a)-(e); 1980, ch. 870, § 3; T.C.A., § 62-1309; Acts 1984, ch. 676, § 9; 1988, ch. 1013, § 31; 1993, ch. 172, §§ 1-3.
Tenn. Code Ann. § 62-13-406 — TN Code / Title 62 / Chapter 13 / Section 62-13-406
Designated broker - Managing broker
Status: in_force

(a) A licensee entering into a written agreement to represent any party in the buying, selling, exchanging, renting or leasing of real estate may be appointed as the designated and individual agent of this party by the licensee's managing broker, to the exclusion of all other licensees employed by or affiliated with the managing broker. A managing broker providing services under this chapter shall not be considered a dual agent if any individual licensee so appointed as designated agent in a transaction, by specific appointment or by written company policy, does not represent interests of any other party to the same transaction. (b) The use of a designated agency does not abolish or diminish the managing broker's contractual rights to any listing or advertising agreement between the firm and a property owner, nor does this section lessen the managing broker's responsibilities to ensure that all licensees affiliated with or employed by the broker conduct business in accordance with appropriate laws, rules and regulations. (c) There shall be no imputation of knowledge or information among or between clients, the managing broker and any designated agent or agents in a designated agency situation. Acts 1995, ch. 246, § 8.
(a) A licensee entering into a written agreement to represent any party in the buying, selling, exchanging, renting or leasing of real estate may be appointed as the designated and individual agent of this party by the licensee's managing broker, to the exclusion of all other licensees employed by or affiliated with the managing broker. A managing broker providing services under this chapter shall not be considered a dual agent if any individual licensee so appointed as designated agent in a transaction, by specific appointment or by written company policy, does not represent interests of any other party to the same transaction.
(b) The use of a designated agency does not abolish or diminish the managing broker's contractual rights to any listing or advertising agreement between the firm and a property owner, nor does this section lessen the managing broker's responsibilities to ensure that all licensees affiliated with or employed by the broker conduct business in accordance with appropriate laws, rules and regulations.
(c) There shall be no imputation of knowledge or information among or between clients, the managing broker and any designated agent or agents in a designated agency situation.
Acts 1995, ch. 246, § 8.
Tenn. Code Ann. § 62-18-205 — TN Code / Title 62 / Chapter 18 / Section 62-18-205
Contracting for soil science services
Status: in_force

This state and any county, municipality, agency, board, district, commission, authority, or other political subdivision of the state shall only contract for soil science services with persons licensed under this part or with a firm employing a licensed professional soil scientist who shall be in responsible charge of providing such services, except as otherwise provided by this part. Acts 2010, ch. 1032, § 6.
This state and any county, municipality, agency, board, district, commission, authority, or other political subdivision of the state shall only contract for soil science services with persons licensed under this part or with a firm employing a licensed professional soil scientist who shall be in responsible charge of providing such services, except as otherwise provided by this part.
Acts 2010, ch. 1032, § 6.
Tenn. Code Ann. § 62-5-602 — TN Code / Title 62 / Chapter 5 / Section 62-5-602
Reciprocity for nonresident licensees
Status: in_force

A nonresident licensee of this state who holds a valid license as a funeral director or embalmer issued by another state may satisfy continuing education requirements through reciprocity, if the out-of-state credits meet the minimum standard requirements of this chapter. Acts 1997, ch. 275, § 3.
A nonresident licensee of this state who holds a valid license as a funeral director or embalmer issued by another state may satisfy continuing education requirements through reciprocity, if the out-of-state credits meet the minimum standard requirements of this chapter.
Acts 1997, ch. 275, § 3.
Tenn. Code Ann. § 62-32-203 — TN Code / Title 62 / Chapter 32 / Section 62-32-203
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Commissioner" means the commissioner of commerce and insurance; (2) "Department" means the department of commerce and insurance; (3) "Division" means the division of fire prevention; (4) "Extinguisher specialist" means an individual who is or is designated to be in active and responsible charge of the work of installing or servicing portable fire extinguishers or installing or servicing fixed fire extinguisher systems; (5) "Extinguisher technician" means an individual who may perform the work of installing or servicing portable fire extinguishers or installing or servicing fixed fire extinguisher systems and who services portable extinguishers or fixed systems only under direct supervision of a licensed extinguisher specialist; (6) "Firm" means any person, partnership, corporation or association offering service and servicing of portable fire extinguishers or fixed fire extinguisher systems, including installation; (7) "Fixed fire extinguisher system" means a device mounted to a permanent structure and containing powder, liquid or gases that can be expelled under pressure for the purpose of suppressing or extinguishing a fire; (8) "Hydrostatic testing" means pressure testing by hydrostatic methods; (9) "Portable fire extinguisher" means a portable device containing powder, liquid or gases that can be expelled under pressure for the purpose of suppressing or extinguishing a fire; and (10) "Service and servicing" means servicing portable fire extinguishers or fixed fire extinguisher systems by charging, filling, maintaining, recharging, refilling, repairing or testing. Acts 1986, ch. 721, § 4.
As used in this part, unless the context otherwise requires:
(1) "Commissioner" means the commissioner of commerce and insurance;
(2) "Department" means the department of commerce and insurance;
(3) "Division" means the division of fire prevention;
(4) "Extinguisher specialist" means an individual who is or is designated to be in active and responsible charge of the work of installing or servicing portable fire extinguishers or installing or servicing fixed fire extinguisher systems;
(5) "Extinguisher technician" means an individual who may perform the work of installing or servicing portable fire extinguishers or installing or servicing fixed fire extinguisher systems and who services portable extinguishers or fixed systems only under direct supervision of a licensed extinguisher specialist;
(6) "Firm" means any person, partnership, corporation or association offering service and servicing of portable fire extinguishers or fixed fire extinguisher systems, including installation;
(7) "Fixed fire extinguisher system" means a device mounted to a permanent structure and containing powder, liquid or gases that can be expelled under pressure for the purpose of suppressing or extinguishing a fire;
(8) "Hydrostatic testing" means pressure testing by hydrostatic methods;
(9) "Portable fire extinguisher" means a portable device containing powder, liquid or gases that can be expelled under pressure for the purpose of suppressing or extinguishing a fire; and
(10) "Service and servicing" means servicing portable fire extinguishers or fixed fire extinguisher systems by charging, filling, maintaining, recharging, refilling, repairing or testing.
Acts 1986, ch. 721, § 4.
Tenn. Code Ann. § 62-5-306 — TN Code / Title 62 / Chapter 5 / Section 62-5-306
Examination for funeral directors - Issuance of license
Status: in_force

(a) In addition to the qualifications listed in § 62-5-305 , every person desiring to enter into the practice of funeral directing, except as otherwise provided in this chapter, shall pass an examination to determine the applicant's knowledge and fitness for the practice of funeral directing as required by this chapter. (b) The board shall determine the subjects of examination and their scope, content and character, which in any examination shall be the same for all applicants. Examinations shall be held no less than twice each year, and the board shall give thirty (30) days' notice in advance of the time and place of the examinations. (c) If the board finds upon examination that the applicant has a reasonable knowledge of sanitation and disinfection of premises, clothing, bedding and other articles subject to contagion and infection, has a reasonable knowledge of the sanitation and disinfection of bodies of diseased persons where death was caused by infectious diseases or communicable diseases, has all the requirements and qualifications stated in this chapter and has complied with all the rules and regulations of the board applying to funeral directors, the board shall, upon receipt of a fee as set by the board, issue to the applicant a license to practice funeral directing. (d) The current license of each funeral director shall be available for inspection in the office of the funeral establishment in which the funeral director works. If a funeral director works in more than one (1) establishment, the funeral director shall obtain from the board, for a fee established by the board, the number of duplicate licenses necessary to have a license available for inspection at each establishment at which the funeral director works. Acts 1951, ch. 13, § 9 (Williams, § 7140.9); T.C.A. (orig. ed.), § 62-513; Acts 1985, ch. 354, § 8; 1989, ch. 523, § 151; 1991, ch. 523, § 1; 2001, ch. 188, §§ 3, 9, 15.
(a) In addition to the qualifications listed in § 62-5-305 , every person desiring to enter into the practice of funeral directing, except as otherwise provided in this chapter, shall pass an examination to determine the applicant's knowledge and fitness for the practice of funeral directing as required by this chapter.
(b) The board shall determine the subjects of examination and their scope, content and character, which in any examination shall be the same for all applicants. Examinations shall be held no less than twice each year, and the board shall give thirty (30) days' notice in advance of the time and place of the examinations.
(c) If the board finds upon examination that the applicant has a reasonable knowledge of sanitation and disinfection of premises, clothing, bedding and other articles subject to contagion and infection, has a reasonable knowledge of the sanitation and disinfection of bodies of diseased persons where death was caused by infectious diseases or communicable diseases, has all the requirements and qualifications stated in this chapter and has complied with all the rules and regulations of the board applying to funeral directors, the board shall, upon receipt of a fee as set by the board, issue to the applicant a license to practice funeral directing.
(d) The current license of each funeral director shall be available for inspection in the office of the funeral establishment in which the funeral director works. If a funeral director works in more than one (1) establishment, the funeral director shall obtain from the board, for a fee established by the board, the number of duplicate licenses necessary to have a license available for inspection at each establishment at which the funeral director works.
Acts 1951, ch. 13, § 9 (Williams, § 7140.9); T.C.A. (orig. ed.), § 62-513; Acts 1985, ch. 354, § 8; 1989, ch. 523, § 151; 1991, ch. 523, § 1; 2001, ch. 188, §§ 3, 9, 15.
Tenn. Code Ann. § 62-13-302 — TN Code / Title 62 / Chapter 13 / Section 62-13-302
Employment by broker of unlicensed broker or broker in another state
Status: in_force

(a) It is unlawful for any licensed broker to employ or compensate any person who is not a licensed broker or a licensed affiliate broker for performing any of the acts regulated by this chapter. A licensed broker may pay a commission to a licensed broker of another state if the nonresident broker does not conduct in this state any of the negotiations for which a commission is paid. (b) A real estate licensee shall not give or pay cash rebates, cash gifts or cash prizes in conjunction with any real estate transaction. As part of the Tennessee real estate commission's general rulemaking authority the commission may regulate the practices of real estate licensees regarding gifts, prizes or rebates that are not otherwise prohibited by law. Acts 1973, ch. 181, § 13(a); T.C.A., § 62-1306; Acts 2007, ch. 266, § 1.
(a) It is unlawful for any licensed broker to employ or compensate any person who is not a licensed broker or a licensed affiliate broker for performing any of the acts regulated by this chapter. A licensed broker may pay a commission to a licensed broker of another state if the nonresident broker does not conduct in this state any of the negotiations for which a commission is paid.
(b) A real estate licensee shall not give or pay cash rebates, cash gifts or cash prizes in conjunction with any real estate transaction. As part of the Tennessee real estate commission's general rulemaking authority the commission may regulate the practices of real estate licensees regarding gifts, prizes or rebates that are not otherwise prohibited by law.
Acts 1973, ch. 181, § 13(a); T.C.A., § 62-1306; Acts 2007, ch. 266, § 1.
Tenn. Code Ann. § 62-5-807 — TN Code / Title 62 / Chapter 5 / Section 62-5-807
Alkaline hydrolysis facility operator liability
Status: in_force

(a) The operator of an alkaline hydrolysis facility is not liable for damages in a civil action for the following actions or omissions, unless the actions or omissions were made with malicious purpose, in bad faith, or in a wanton or reckless manner: (1) Having performed the resomation of the decedent, or having released or disposed of the resomated remains, in accordance with the instructions of the decedent or an heir or personal representative of the decedent; (2) Having performed the resomation of the decedent or body parts removed from the decedent or living person or having released or disposed of the resomated remains in accordance with the instructions of the decedent or an heir or personal representative of the decedent; or (3) Failure to correctly identify a dead human body prior to resomation. (b) The operator of an alkaline hydrolysis facility is not liable for damages in a civil action for refusing to accept a dead human body or body parts or to perform a resomation under the following circumstances, unless the refusal was made with malicious purpose, in bad faith, or in a wanton or reckless manner: (1) The operator has actual knowledge that there is a dispute regarding the resomation of the decedent or body parts, and the operator has not received an order of the court having jurisdiction ordering the resomation of the decedent or body parts; (2) The operator has a reasonable basis for questioning the accuracy of the information or statements provided to the operator with respect to the resomation of the decedent or body parts; or (3) The operator has any other lawful reason for refusing to accept the dead human body or body parts or to perform the resomation. (c) The operator of an alkaline hydrolysis facility is not liable for damages in a civil action in connection with the resomation of or disposition of the resomated remains of dental gold or silver, jewelry, or other items of value delivered to the facility with a dead human body or body parts unless the actions or omissions of the operator were made with malicious purpose, in bad faith, or in a wanton or reckless manner. (d) This section does not create a new cause of action or substantive legal right against the operator of an alkaline hydrolysis facility. (e) This section does not affect immunities from civil liability or defenses established by law to which the operator of an alkaline hydrolysis facility may be entitled. Added by 2021 Tenn. Acts, ch. 141, s 1, eff. 4/13/2021.
(a) The operator of an alkaline hydrolysis facility is not liable for damages in a civil action for the following actions or omissions, unless the actions or omissions were made with malicious purpose, in bad faith, or in a wanton or reckless manner: (1) Having performed the resomation of the decedent, or having released or disposed of the resomated remains, in accordance with the instructions of the decedent or an heir or personal representative of the decedent; (2) Having performed the resomation of the decedent or body parts removed from the decedent or living person or having released or disposed of the resomated remains in accordance with the instructions of the decedent or an heir or personal representative of the decedent; or (3) Failure to correctly identify a dead human body prior to resomation.
(1) Having performed the resomation of the decedent, or having released or disposed of the resomated remains, in accordance with the instructions of the decedent or an heir or personal representative of the decedent;
(2) Having performed the resomation of the decedent or body parts removed from the decedent or living person or having released or disposed of the resomated remains in accordance with the instructions of the decedent or an heir or personal representative of the decedent; or
(3) Failure to correctly identify a dead human body prior to resomation.
(b) The operator of an alkaline hydrolysis facility is not liable for damages in a civil action for refusing to accept a dead human body or body parts or to perform a resomation under the following circumstances, unless the refusal was made with malicious purpose, in bad faith, or in a wanton or reckless manner: (1) The operator has actual knowledge that there is a dispute regarding the resomation of the decedent or body parts, and the operator has not received an order of the court having jurisdiction ordering the resomation of the decedent or body parts; (2) The operator has a reasonable basis for questioning the accuracy of the information or statements provided to the operator with respect to the resomation of the decedent or body parts; or (3) The operator has any other lawful reason for refusing to accept the dead human body or body parts or to perform the resomation.
(1) The operator has actual knowledge that there is a dispute regarding the resomation of the decedent or body parts, and the operator has not received an order of the court having jurisdiction ordering the resomation of the decedent or body parts;
(2) The operator has a reasonable basis for questioning the accuracy of the information or statements provided to the operator with respect to the resomation of the decedent or body parts; or
(3) The operator has any other lawful reason for refusing to accept the dead human body or body parts or to perform the resomation.
(c) The operator of an alkaline hydrolysis facility is not liable for damages in a civil action in connection with the resomation of or disposition of the resomated remains of dental gold or silver, jewelry, or other items of value delivered to the facility with a dead human body or body parts unless the actions or omissions of the operator were made with malicious purpose, in bad faith, or in a wanton or reckless manner.
(d) This section does not create a new cause of action or substantive legal right against the operator of an alkaline hydrolysis facility.
(e) This section does not affect immunities from civil liability or defenses established by law to which the operator of an alkaline hydrolysis facility may be entitled.
Added by 2021 Tenn. Acts, ch. 141, s 1, eff. 4/13/2021.
Tenn. Code Ann. § 62-39-317 — TN Code / Title 62 / Chapter 39 / Section 62-39-317
Required notice to commission of addresses - Places of business - Residence - Change of address
Status: in_force

(a) Each state licensed or certified real estate appraiser shall advise the commission of the address of the appraiser's principal place of business and all other addresses at which the appraiser is currently engaged in the business of preparing real property appraisal reports. (b) Whenever a state licensed or certified real estate appraiser changes a place of business, the appraiser shall within thirty (30) days give written notification of the change to the commission. (c) Every state licensed or certified real estate appraiser shall notify the commission of the appraiser's current residence address. (d) [Deleted by 2021 amendment.] Amended by 2021 Tenn. Acts, ch. 549, s 36, eff. 10/1/2021. Acts 1990, ch. 865, § 26; 1991, ch. 366, §§ 28-30; 1994, ch. 605, §§ 6, 7.
(a) Each state licensed or certified real estate appraiser shall advise the commission of the address of the appraiser's principal place of business and all other addresses at which the appraiser is currently engaged in the business of preparing real property appraisal reports.
(b) Whenever a state licensed or certified real estate appraiser changes a place of business, the appraiser shall within thirty (30) days give written notification of the change to the commission.
(c) Every state licensed or certified real estate appraiser shall notify the commission of the appraiser's current residence address.
(d) [Deleted by 2021 amendment.]
Amended by 2021 Tenn. Acts, ch. 549, s 36, eff. 10/1/2021.
Acts 1990, ch. 865, § 26; 1991, ch. 366, §§ 28-30; 1994, ch. 605, §§ 6, 7.
Tenn. Code Ann. § 62-32-116 — TN Code / Title 62 / Chapter 32 / Section 62-32-116
Procedure governing contested cases
Status: in_force

The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, governs all matters and procedures respecting the hearing and judicial review of any contested case arising under this part. Acts 1984, ch. 949, § 13.
The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, governs all matters and procedures respecting the hearing and judicial review of any contested case arising under this part.
Acts 1984, ch. 949, § 13.
Tenn. Code Ann. § 62-18-213 — TN Code / Title 62 / Chapter 18 / Section 62-18-213
Confidential information
Status: in_force

Except as otherwise provided by this part, the following shall be treated as confidential and may not be disclosed except by order of a court of competent jurisdiction or by permission of the applicant: (1) Applications and other personal information submitted by applicants, except to the applicant, the commissioner, department, or its staff; and (2) Information submitted by a reference concerning an applicant, except to the commissioner, department, or its staff. Amended by 2020 Tenn. Acts, ch. 641, s 5, eff. 4/1/2020. Acts 2010 , ch. 1032, § 14.
Except as otherwise provided by this part, the following shall be treated as confidential and may not be disclosed except by order of a court of competent jurisdiction or by permission of the applicant:
(1) Applications and other personal information submitted by applicants, except to the applicant, the commissioner, department, or its staff; and
(2) Information submitted by a reference concerning an applicant, except to the commissioner, department, or its staff.
Amended by 2020 Tenn. Acts, ch. 641, s 5, eff. 4/1/2020.
Acts 2010 , ch. 1032, § 14.
Tenn. Code Ann. § 62-6-115 — TN Code / Title 62 / Chapter 6 / Section 62-6-115
Corporations and partnerships
Status: in_force

Corporations and partnerships may engage in the business of contracting; provided, that at least one (1) of the major stockholders or partners or full-time employees with a written power of attorney to bind the corporation or partnership has sufficient knowledge of the construction business in which the persons are licensed to perform. If the person who took the examination for the partnership or corporation leaves the firm for any reason, the partnership or corporation must designate an individual to take the examination within three (3) months. Acts 1976, ch. 822, § 16; T.C.A., § 62-616; Acts 1989, ch. 487, § 12; 1993, ch. 214, § 1; 1994, ch. 986, § 10.
Corporations and partnerships may engage in the business of contracting; provided, that at least one (1) of the major stockholders or partners or full-time employees with a written power of attorney to bind the corporation or partnership has sufficient knowledge of the construction business in which the persons are licensed to perform. If the person who took the examination for the partnership or corporation leaves the firm for any reason, the partnership or corporation must designate an individual to take the examination within three (3) months.
Acts 1976, ch. 822, § 16; T.C.A., § 62-616; Acts 1989, ch. 487, § 12; 1993, ch. 214, § 1; 1994, ch. 986, § 10.
Tenn. Code Ann. § 62-20-114 — TN Code / Title 62 / Chapter 20 / Section 62-20-114
Requirements of collection service licensees
Status: in_force

Each collection service licensee shall: (1) Keep and retain for a period of three (3) years accurate individual records of collections, including the amount and date of payment and the names of the debtor and creditor; (2) Issue, upon request, individual collection receipts, showing the amount and date of payment, names of the debtor and creditor and the balance, if any, remaining unpaid; (3) Maintain a separate fiduciary or trust bank account with sufficient funds at all times to disburse amounts due all clients; and (4) Maintain records and books reflecting the true condition of bank accounts at the end of each calendar month. Acts 1981, ch. 170, § 14; 1988, ch. 823, § 26.
Each collection service licensee shall:
(1) Keep and retain for a period of three (3) years accurate individual records of collections, including the amount and date of payment and the names of the debtor and creditor;
(2) Issue, upon request, individual collection receipts, showing the amount and date of payment, names of the debtor and creditor and the balance, if any, remaining unpaid;
(3) Maintain a separate fiduciary or trust bank account with sufficient funds at all times to disburse amounts due all clients; and
(4) Maintain records and books reflecting the true condition of bank accounts at the end of each calendar month.
Acts 1981, ch. 170, § 14; 1988, ch. 823, § 26.
Tenn. Code Ann. § 62-3-121 — TN Code / Title 62 / Chapter 3 / Section 62-3-121
Ground for refusal, suspension or revocation of certificate
Status: in_force

(a) The board may either refuse to issue or renew or may suspend or revoke any certificate of registration for any one (1) or combination of the following causes: (1) Conviction of a felony for the commission of an offense that bears directly on the person's fitness to practice competently, as determined by the board; (2) Gross malpractice or gross incompetency; (3) Continued practice by a person knowingly having an infectious or contagious disease; (4) Advertising by means of knowingly false or deceptive statements; (5) Habitual drunkenness or habitual addiction to the use of morphine, cocaine or other habit-forming drug; (6) Immoral or unprofessional conduct; or (7) A violation of this chapter or any rules adopted under this chapter. (b) An action taken under this section shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title. Amended by 2018 Tenn. Acts, ch. 745,s 3, eff. 7/1/2018. Amended by 2016 Tenn. Acts, ch. 719,s 3, eff. 4/6/2016. Amended by 2015 Tenn. Acts, ch. 333,s 1, eff. 4/28/2015. Acts 1929, ch. 118, § 14; Code 1932, § 7130; modified; Acts 1979, ch. 379, § 5; T.C.A. (orig. ed.), § 62-322; Acts 1982, ch. 870, §§ 7, 8; 1986, ch. 921, § 16.
(a) The board may either refuse to issue or renew or may suspend or revoke any certificate of registration for any one (1) or combination of the following causes: (1) Conviction of a felony for the commission of an offense that bears directly on the person's fitness to practice competently, as determined by the board; (2) Gross malpractice or gross incompetency; (3) Continued practice by a person knowingly having an infectious or contagious disease; (4) Advertising by means of knowingly false or deceptive statements; (5) Habitual drunkenness or habitual addiction to the use of morphine, cocaine or other habit-forming drug; (6) Immoral or unprofessional conduct; or (7) A violation of this chapter or any rules adopted under this chapter.
(1) Conviction of a felony for the commission of an offense that bears directly on the person's fitness to practice competently, as determined by the board;
(2) Gross malpractice or gross incompetency;
(3) Continued practice by a person knowingly having an infectious or contagious disease;
(4) Advertising by means of knowingly false or deceptive statements;
(5) Habitual drunkenness or habitual addiction to the use of morphine, cocaine or other habit-forming drug;
(6) Immoral or unprofessional conduct; or
(7) A violation of this chapter or any rules adopted under this chapter.
(b) An action taken under this section shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title.
Amended by 2018 Tenn. Acts, ch. 745,s 3, eff. 7/1/2018.
Amended by 2016 Tenn. Acts, ch. 719,s 3, eff. 4/6/2016.
Amended by 2015 Tenn. Acts, ch. 333,s 1, eff. 4/28/2015.
Acts 1929, ch. 118, § 14; Code 1932, § 7130; modified; Acts 1979, ch. 379, § 5; T.C.A. (orig. ed.), § 62-322; Acts 1982, ch. 870, §§ 7, 8; 1986, ch. 921, § 16.
Tenn. Code Ann. § 62-36-106 — TN Code / Title 62 / Chapter 36 / Section 62-36-106
Exemptions
Status: in_force

Any person, except a person exempted by this chapter, who practices or offers to practice geology in this state, including a person employed by the state or its political subdivisions, is subject to this chapter. The following are exempt: (1) Any person engaged solely in teaching the science of geology or engaged solely in nonpublic geologic research in this state; however, a teacher or researcher shall be certified as a licensed professional geologist if the teacher or researcher wishes to perform any geologic work or services for which licensure as a geologist is required by this chapter; (2) An employee or subordinate of a licensed professional geologist, as long as the employee or subordinate acts solely in that capacity. This exemption shall not permit any such employee or subordinate to practice geology independently or use the term licensed professional geologist; and (3) Any person who is employed either by the state or by a person, firm or corporation not engaged in the practice of geology, if the person provides geologic services to the employer only and not to the general public. Acts 2007, ch. 495, § 7.
Any person, except a person exempted by this chapter, who practices or offers to practice geology in this state, including a person employed by the state or its political subdivisions, is subject to this chapter. The following are exempt:
(1) Any person engaged solely in teaching the science of geology or engaged solely in nonpublic geologic research in this state; however, a teacher or researcher shall be certified as a licensed professional geologist if the teacher or researcher wishes to perform any geologic work or services for which licensure as a geologist is required by this chapter;
(2) An employee or subordinate of a licensed professional geologist, as long as the employee or subordinate acts solely in that capacity. This exemption shall not permit any such employee or subordinate to practice geology independently or use the term licensed professional geologist; and
(3) Any person who is employed either by the state or by a person, firm or corporation not engaged in the practice of geology, if the person provides geologic services to the employer only and not to the general public.
Acts 2007, ch. 495, § 7.
Tenn. Code Ann. § 62-41-103 — TN Code / Title 62 / Chapter 41 / Section 62-41-103
Rules and regulations
Status: in_force

The commissioner of environment and conservation, in consultation with the commissioner of commerce and insurance, has the authority to promulgate rules and regulations for the purpose of establishing an asbestos contractor accreditation program for this state. The commissioner shall prescribe in the rules and regulations any fees to be paid in order for a contractor to be accredited under this program. The rules and regulations shall be approved by the state building commission before they are filed with the secretary of state. Acts 1993, ch. 285, § 3.
The commissioner of environment and conservation, in consultation with the commissioner of commerce and insurance, has the authority to promulgate rules and regulations for the purpose of establishing an asbestos contractor accreditation program for this state. The commissioner shall prescribe in the rules and regulations any fees to be paid in order for a contractor to be accredited under this program. The rules and regulations shall be approved by the state building commission before they are filed with the secretary of state.
Acts 1993, ch. 285, § 3.
Tenn. Code Ann. § 62-35-129 — TN Code / Title 62 / Chapter 35 / Section 62-35-129
Administration and enforcement of chapter - Rules and regulations
Status: in_force

(a) The commissioner shall be responsible for administering and enforcing this chapter. (b) The commissioner may promulgate rules that are reasonably necessary to effectuate the purposes of this chapter. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (c) The commissioner may seek relief at law or equity to restrain or enjoin any act or practice in violation of this chapter or of any rule promulgated under this chapter. Jurisdiction is conferred upon the chancery and circuit courts of this state to hear and determine such a suit. No bond shall be required for the prosecution of the suit or for the issuance of an injunction. (d) The commissioner or the commissioner's designee may at all reasonable hours conduct inspections/investigations of contract security companies, proprietary security organizations and security guards/officers to ensure compliance with this chapter. Amended by 2020 Tenn. Acts, ch. 580, s 16, eff. 7/1/2020. Acts 1987, ch. 436, § 29; 1988, ch. 987, § 13; 1996, ch. 1009, §25; 2011 , ch. 3, § 2.
(a) The commissioner shall be responsible for administering and enforcing this chapter.
(b) The commissioner may promulgate rules that are reasonably necessary to effectuate the purposes of this chapter. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(c) The commissioner may seek relief at law or equity to restrain or enjoin any act or practice in violation of this chapter or of any rule promulgated under this chapter. Jurisdiction is conferred upon the chancery and circuit courts of this state to hear and determine such a suit. No bond shall be required for the prosecution of the suit or for the issuance of an injunction.
(d) The commissioner or the commissioner's designee may at all reasonable hours conduct inspections/investigations of contract security companies, proprietary security organizations and security guards/officers to ensure compliance with this chapter.
Amended by 2020 Tenn. Acts, ch. 580, s 16, eff. 7/1/2020.
Acts 1987, ch. 436, § 29; 1988, ch. 987, § 13; 1996, ch. 1009, §25; 2011 , ch. 3, § 2.
Tenn. Code Ann. § 62-30-104 — TN Code / Title 62 / Chapter 30 / Section 62-30-104
Exceptions from chapter
Status: in_force

This chapter does not apply to: (1) Any corporation, community chest, fund or foundation organized and operated exclusively for religious, charitable, scientific, literary or educational purposes of which no part of the new earnings benefits any private shareholder or individual; (2) State fairs, arts and crafts fairs and other fairs and festivals conducted primarily for amusement and entertainment; (3) Wholesale trade shows; (4) The sale of agricultural or handcrafted products; (5) A person who operates a permanent business, occupies temporary premises and prominently displays the business name and address while business is conducted from the temporary premises; or (6) Flea markets. Acts 1983, ch. 482, § 4.
This chapter does not apply to:
(1) Any corporation, community chest, fund or foundation organized and operated exclusively for religious, charitable, scientific, literary or educational purposes of which no part of the new earnings benefits any private shareholder or individual;
(2) State fairs, arts and crafts fairs and other fairs and festivals conducted primarily for amusement and entertainment;
(3) Wholesale trade shows;
(4) The sale of agricultural or handcrafted products;
(5) A person who operates a permanent business, occupies temporary premises and prominently displays the business name and address while business is conducted from the temporary premises; or
(6) Flea markets.
Acts 1983, ch. 482, § 4.
Tenn. Code Ann. § 62-5-702 — TN Code / Title 62 / Chapter 5 / Section 62-5-702
Disposition of human remains and arrangements for funeral goods and services - Cancellation or revision of disposition directions or pre-need funeral contract
Status: in_force

(a) A qualified adult, by entering into disposition directions or a pre-need funeral contract executed pursuant to part 4 of this chapter, may direct the location, manner and conditions of disposition of the adult's remains, and the arrangements for funeral goods and services to be provided upon the adult's death. (b) No disposition directions or pre-need funeral contract shall be subject to cancellation or substantial revision unless the cancellation or substantial revision has been ordered by a person authorized to act as the lawful representative in § 62-5-703 , or the pre-need funeral contract as the person authorized to cancel or revise the terms of the disposition directions or the pre-need funeral contract, or unless any resources set aside or available to fund the disposition directions or the pre-need funeral contract are insufficient to carry out the funeral and disposition arrangements set forth in the disposition directions or pre-need funeral contract. Acts 2012 , ch. 828, § 2.
(a) A qualified adult, by entering into disposition directions or a pre-need funeral contract executed pursuant to part 4 of this chapter, may direct the location, manner and conditions of disposition of the adult's remains, and the arrangements for funeral goods and services to be provided upon the adult's death.
(b) No disposition directions or pre-need funeral contract shall be subject to cancellation or substantial revision unless the cancellation or substantial revision has been ordered by a person authorized to act as the lawful representative in § 62-5-703 , or the pre-need funeral contract as the person authorized to cancel or revise the terms of the disposition directions or the pre-need funeral contract, or unless any resources set aside or available to fund the disposition directions or the pre-need funeral contract are insufficient to carry out the funeral and disposition arrangements set forth in the disposition directions or pre-need funeral contract.
Acts 2012 , ch. 828, § 2.
Tenn. Code Ann. § 62-32-215 — TN Code / Title 62 / Chapter 32 / Section 62-32-215
Penalty
Status: in_force

(a) Any person violating this part or any rule lawfully promulgated under this part commits a Class A misdemeanor, punishable by a fine not to exceed one thousand dollars ($1,000). (b) In addition to the penalty set forth in subsection (a): (1) The commissioner shall, upon receipt of the first violation, send a written notice of violation which shall include the possible actions that may be taken in response to any second or subsequent violation; (2) The commissioner may issue the following civil penalties for second or subsequent violations of this part or the rules lawfully promulgated under this part: (A) For a second violation, a civil penalty not to exceed one hundred dollars ($100); (B) For a third violation, a civil penalty not to exceed five hundred dollars ($500); and (C) For a fourth or subsequent violation, a civil penalty not to exceed one thousand dollars ($1,000). Amended by 2015 Tenn. Acts, ch. 381,s 4, eff. 5/8/2015. Acts 1986, ch. 721, § 16.
(a) Any person violating this part or any rule lawfully promulgated under this part commits a Class A misdemeanor, punishable by a fine not to exceed one thousand dollars ($1,000).
(b) In addition to the penalty set forth in subsection (a): (1) The commissioner shall, upon receipt of the first violation, send a written notice of violation which shall include the possible actions that may be taken in response to any second or subsequent violation; (2) The commissioner may issue the following civil penalties for second or subsequent violations of this part or the rules lawfully promulgated under this part: (A) For a second violation, a civil penalty not to exceed one hundred dollars ($100); (B) For a third violation, a civil penalty not to exceed five hundred dollars ($500); and (C) For a fourth or subsequent violation, a civil penalty not to exceed one thousand dollars ($1,000).
(1) The commissioner shall, upon receipt of the first violation, send a written notice of violation which shall include the possible actions that may be taken in response to any second or subsequent violation;
(2) The commissioner may issue the following civil penalties for second or subsequent violations of this part or the rules lawfully promulgated under this part: (A) For a second violation, a civil penalty not to exceed one hundred dollars ($100); (B) For a third violation, a civil penalty not to exceed five hundred dollars ($500); and (C) For a fourth or subsequent violation, a civil penalty not to exceed one thousand dollars ($1,000).
(A) For a second violation, a civil penalty not to exceed one hundred dollars ($100);
(B) For a third violation, a civil penalty not to exceed five hundred dollars ($500); and
(C) For a fourth or subsequent violation, a civil penalty not to exceed one thousand dollars ($1,000).
Amended by 2015 Tenn. Acts, ch. 381,s 4, eff. 5/8/2015.
Acts 1986, ch. 721, § 16.
Tenn. Code Ann. § 62-32-212 — TN Code / Title 62 / Chapter 32 / Section 62-32-212
Fees constitute expendable receipts
Status: in_force

All fees collected under this part constitute expendable receipts of the department for use in administering this part. Acts 1986, ch. 721, § 13.
All fees collected under this part constitute expendable receipts of the department for use in administering this part.
Acts 1986, ch. 721, § 13.
Tenn. Code Ann. § 62-27-112 — TN Code / Title 62 / Chapter 27 / Section 62-27-112
Fees - Rules and regulations
Status: in_force

(a) The commissioner shall issue rules and regulations to prescribe all fees necessary to administer this chapter. (b) The fees required by this chapter may be paid by the governmental agency employing the examiner. Acts 1978, ch. 900, § 14; 1980, ch. 705, § 6; 1981, ch. 489, § 8; T.C.A., §62-2713; Acts 1986, ch. 739, § 4; 1988, ch. 805, § 1; 1989, ch. 523, § 146; 1999, ch. 252, § 4.
(a) The commissioner shall issue rules and regulations to prescribe all fees necessary to administer this chapter.
(b) The fees required by this chapter may be paid by the governmental agency employing the examiner.
Acts 1978, ch. 900, § 14; 1980, ch. 705, § 6; 1981, ch. 489, § 8; T.C.A., §62-2713; Acts 1986, ch. 739, § 4; 1988, ch. 805, § 1; 1989, ch. 523, § 146; 1999, ch. 252, § 4.
Tenn. Code Ann. § 62-36-117 — TN Code / Title 62 / Chapter 36 / Section 62-36-117
Code of professional conduct
Status: in_force

The department shall promulgate a code of professional conduct that shall be made known in writing to every licensee and applicant for licensure under this chapter. The department may revise and amend this code of ethics from time to time and shall immediately notify each licensee in writing of any revision or amendments. Acts 2007, ch. 495, § 18.
The department shall promulgate a code of professional conduct that shall be made known in writing to every licensee and applicant for licensure under this chapter. The department may revise and amend this code of ethics from time to time and shall immediately notify each licensee in writing of any revision or amendments.
Acts 2007, ch. 495, § 18.
Tenn. Code Ann. § 62-19-119 — TN Code / Title 62 / Chapter 19 / Section 62-19-119
Actions for the collection of compensation
Status: in_force

(a) No person engaged in the business of or acting in the capacity of an auctioneer or an affiliate auctioneer shall bring or maintain any action in the courts of this state for the collection of compensation for any services performed as an auctioneer or affiliate auctioneer without first alleging and proving that the person was a duly licensed auctioneer or affiliate auctioneer at the time the alleged cause of action arose. (b) No affiliate auctioneer shall have the right to institute a suit in the affiliate auctioneer's own name for the recovery of a commission, fee or compensation for services as an affiliate auctioneer, but any such action shall be instituted and brought by the licensed auctioneer employing the affiliate auctioneer. (c) Nothing contained in this section shall be construed so as to prevent a licensed affiliate auctioneer from suing the affiliate auctioneer's employing auctioneer for any compensation, fees or commissions due the affiliate auctioneer from the auctioneer. Amended by 2019 Tenn. Acts, ch. 471,s 7, eff. 7/1/2019. Acts 1967, ch. 335, § 20; T.C.A., § 62-1920.
(a) No person engaged in the business of or acting in the capacity of an auctioneer or an affiliate auctioneer shall bring or maintain any action in the courts of this state for the collection of compensation for any services performed as an auctioneer or affiliate auctioneer without first alleging and proving that the person was a duly licensed auctioneer or affiliate auctioneer at the time the alleged cause of action arose.
(b) No affiliate auctioneer shall have the right to institute a suit in the affiliate auctioneer's own name for the recovery of a commission, fee or compensation for services as an affiliate auctioneer, but any such action shall be instituted and brought by the licensed auctioneer employing the affiliate auctioneer.
(c) Nothing contained in this section shall be construed so as to prevent a licensed affiliate auctioneer from suing the affiliate auctioneer's employing auctioneer for any compensation, fees or commissions due the affiliate auctioneer from the auctioneer.
Amended by 2019 Tenn. Acts, ch. 471,s 7, eff. 7/1/2019.
Acts 1967, ch. 335, § 20; T.C.A., § 62-1920.
Tenn. Code Ann. § 62-29-105 — TN Code / Title 62 / Chapter 29 / Section 62-29-105
Penalties
Status: in_force

A willful violation of this part is a Class B misdemeanor. Acts 1969, ch. 317, § 5; T.C.A., § 67-5705; 1989, ch. 591, § 112.
A willful violation of this part is a Class B misdemeanor.
Acts 1969, ch. 317, § 5; T.C.A., § 67-5705; 1989, ch. 591, § 112.