Tenn. Code Ann. § 62-4-211 — TN Code / Title 62 / Chapter 4 / Section 62-4-211
Establishment of cosmetology licensure compact commission
Status: in_force

(a) The compact member states hereby create and establish a joint government agency whose membership consists of all member states that have enacted this compact, known as the cosmetology licensure compact commission. The commission is an instrumentality of the compact member states acting jointly and not an instrumentality of any one (1) state. The commission comes into existence on or after the effective date of this compact as set forth in § 62-4-215 . (b) Membership, voting, and meetings. (1) Each member state has and is limited to one (1) delegate selected by that member state's state licensing authority. (2) The delegate must be an administrator of the state licensing authority of the member state or their designee. (3) The commission shall by rule or bylaw establish a term of office for delegates and may by rule or bylaw establish term limits. (4) The commission may recommend removal or suspension of any delegate from office. (5) A member state's state licensing authority shall fill any vacancy of its delegate occurring on the commission within sixty (60) days of the vacancy. (6) Each delegate is entitled to one (1) vote on all matters that are voted on by the commission. (7) The commission shall meet at least once during each calendar year. Additional meetings may be held as set forth in the bylaws. The commission may meet by telecommunication, video conference, or other similar electronic means. (c) The commission has the following powers: (1) Establish the fiscal year of the commission; (2) Establish code of conduct and conflict of interest policies; (3) Adopt rules and bylaws; (4) Maintain its financial records in accordance with the bylaws; (5) Meet and take such actions as are consistent with this compact, the commission's rules, and the bylaws; (6) Initiate and conclude legal proceedings or actions in the name of the commission; provided, that the standing of any state licensing authority to sue or be sued under applicable law must not be affected; (7) Maintain and certify records and information provided to a member state as the authenticated business records of the commission, and designate an agent to do so on the commission's behalf; (8) Purchase and maintain insurance and bonds; (9) Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state; (10) Conduct an annual financial review; (11) Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of this compact, and establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters; (12) As set forth in the commission rules, charge a fee to a licensee for the grant of a multistate license and thereafter, as may be established by commission rule, charge the licensee a multistate license renewal fee for each renewal period. Nothing in this compact must be construed to prevent a home state from charging a licensee a fee for a multistate license or renewals of a multistate license, or a fee for the jurisprudence requirement if the member state imposes such a requirement for the grant of a multistate license; (13) Assess and collect fees; (14) Accept any and all appropriate gifts, donations, grants of money, other sources of revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same; provided, that at all times the commission shall avoid any appearance of impropriety or conflict of interest; (15) Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or mixed, or any undivided interest therein; (16) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed; (17) Establish a budget and make expenditures; (18) Borrow money; (19) Appoint committees, including standing committees, composed of members, state regulators, state legislators or their representatives, consumer representatives, and such other interested persons as may be designated in this compact and the bylaws; (20) Provide and receive information from, and cooperate with, law enforcement agencies; (21) Elect a chair, vice chair, secretary, treasurer, and such other officers of the commission as provided in the commission's bylaws; (22) Establish and elect an executive committee, including a chair and a vice chair; (23) Adopt and provide to the member states an annual report; (24) Determine whether a state's adopted language is materially different from the model compact language such that the state would not qualify for participation in this compact; and (25) Perform such other functions as may be necessary or appropriate to achieve the purposes of this compact. (d) The executive committee. (1) The executive committee has the power to act on behalf of the commission according to the terms of this compact. The powers, duties, and responsibilities of the executive committee include: (A) Overseeing the day-to-day activities of the administration of this compact, including compliance with this compact, the commission's rules and bylaws, and other such duties as deemed necessary; (B) Recommending to the commission changes to the rules or bylaws, changes to this compact legislation, fees charged to compact member states, fees charged to licensees, and other fees; (C) Ensuring compact administration services are appropriately provided, including by contract; (D) Preparing and recommending the budget; (E) Maintaining financial records on behalf of the commission; (F) Monitoring compact compliance of member states and providing compliance reports to the commission; (G) Establishing additional committees as necessary; (H) Exercising the powers and duties of the commission during the interim between commission meetings, except for adopting or amending rules, adopting or amending bylaws, and exercising any other powers and duties expressly reserved to the commission by rule or bylaw; and (I) Other duties as provided in the rules or bylaws of the commission. (2) The executive committee must be composed of up to seven (7) voting members: (A) The chair and vice chair of the commission and any other members of the commission who serve on the executive committee must be voting members of the executive committee; (B) Other than the chair, vice chair, secretary, and treasurer, the commission shall elect three (3) voting members from the current membership of the commission; and (C) The commission may elect ex officio, nonvoting members from a recognized national cosmetology professional association as approved by the commission. The commission's bylaws must identify qualifying organizations and the manner of appointment if the number of organizations seeking to appoint an ex officio member exceeds the number of members specified in this section. (3) The commission may remove any member of the executive committee as provided in the commission's bylaws. (4) (A) The executive committee shall meet at least annually. (B) Annual executive committee meetings, as well as any executive committee meeting at which it does not take or intend to take formal action on a matter for which a commission vote would otherwise be required, must be open to the public, except that the executive committee may meet in a closed, non-public session of a public meeting when dealing with any of the matters covered under subdivision (f)(4). (C) The executive committee shall give five (5) business days' advance notice of its public meetings, posted on its website and as determined to provide notice to persons with an interest in the public matters the executive committee intends to address at those meetings. (5) The executive committee may hold an emergency meeting when acting for the commission to: (A) Meet an imminent threat to public health, safety, or welfare; (B) Prevent a loss of commission or member state funds; or (C) Protect public health and safety. (e) The commission shall adopt and provide to the member states an annual report. (f) Meetings of the commission. (1) All meetings of the commission that are not closed pursuant to subdivision (f)(4) must be open to the public. Notice of public meetings must be posted on the commission's website at least thirty (30) days prior to the public meeting. (2) Notwithstanding subdivision (f)(4), the commission may convene an emergency public meeting by providing at least twenty-four (24) hours' prior notice on the commission's website, and any other means as provided in the commission's rules, for any of the reasons it may dispense with notice of proposed rulemaking under § 62-4-213(l) . The commission's legal counsel shall certify that one (1) of the reasons justifying an emergency public meeting has been met. (3) Notice of all commission meetings must provide the time, date, and location of the meeting, and if the meeting is to be held or accessible via telecommunication, video conference, or other electronic means, the notice must include the mechanism for access to the meeting. (4) The commission may convene in a closed, non-public meeting for the commission to discuss: (A) Non-compliance of a member state with its obligations under the compact; (B) The employment, compensation, discipline, or other matters, practices, or procedures related to specific employees or other matters related to the commission's internal personnel practices and procedures; (C) Current or threatened discipline of a licensee by the commission or by a member state's licensing authority; (D) Current, threatened, or reasonably anticipated litigation; (E) Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate; (F) Accusing any person of a crime or formally censuring any person; (G) Trade secrets or commercial or financial information that is privileged or confidential; (H) Information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; (I) Investigative records compiled for law enforcement purposes; (J) Information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to this compact; (K) Legal advice; (L) Matters specifically exempted from disclosure to the public by federal or member state law; or (M) Other matters as promulgated by the commission by rule. (5) If a meeting, or portion of a meeting, is closed, then the presiding officer must state that the meeting will be closed and reference each relevant exempting provision, and such reference must be recorded in the minutes. (6) The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action must be identified in such minutes. All minutes and documents of a closed meeting must remain under seal, subject to release only by a majority vote of the commission or order of a court of competent jurisdiction. (g) Financing of the commission. (1) The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities. (2) The commission may accept any and all appropriate sources of revenue, donations, and grants of money, equipment, supplies, materials, and services. (3) The commission may levy on and collect an annual assessment from each member state and impose fees on licensees of member states to whom it grants a multistate license to cover the cost of the operations and activities of the commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount for member states must be allocated based upon a formula that the commission shall promulgate by rule. (4) The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same, nor shall the commission pledge the credit of any member states, except by and with the authority of the member state. (5) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission are subject to the financial review and accounting procedures established under its bylaws. All receipts and disbursements of funds handled by the commission are subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review must be included in and become part of the annual report of the commission. (h) Qualified immunity, defense, and indemnification. (1) The members, officers, executive director, employees, and representatives of the commission are immune from suit and liability, both personally and in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided, that nothing in this subdivision (h)(1) must be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person. The procurement of insurance of any type by the commission does not in any way compromise or limit the immunity granted hereunder. (2) The commission shall defend any member, officer, executive director, employee, and representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or as determined by the commission that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided, that nothing in this compact must be construed to prohibit that person from retaining their own counsel at their own expense; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct. (3) The commission shall indemnify and hold harmless any member, officer, executive director, employee, and representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided, that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person. (4) Nothing in this compact must be construed as a limitation on the liability of any licensee for professional malpractice or misconduct, which is governed solely by any other applicable state laws. (5) Nothing in this compact must be interpreted to waive or otherwise abrogate a member state's state action immunity or state action affirmative defense with respect to antitrust claims under the Sherman Act, Clayton Act, or any other state or federal antitrust or anticompetitive law or regulation. (6) Nothing in this compact must be construed to be a waiver of sovereign immunity by the member states or by the commission. Added by 2024 Tenn. Acts, ch. 1060,s 1, eff. 7/1/2024.
(a) The compact member states hereby create and establish a joint government agency whose membership consists of all member states that have enacted this compact, known as the cosmetology licensure compact commission. The commission is an instrumentality of the compact member states acting jointly and not an instrumentality of any one (1) state. The commission comes into existence on or after the effective date of this compact as set forth in § 62-4-215 .
(b) Membership, voting, and meetings. (1) Each member state has and is limited to one (1) delegate selected by that member state's state licensing authority. (2) The delegate must be an administrator of the state licensing authority of the member state or their designee. (3) The commission shall by rule or bylaw establish a term of office for delegates and may by rule or bylaw establish term limits. (4) The commission may recommend removal or suspension of any delegate from office. (5) A member state's state licensing authority shall fill any vacancy of its delegate occurring on the commission within sixty (60) days of the vacancy. (6) Each delegate is entitled to one (1) vote on all matters that are voted on by the commission. (7) The commission shall meet at least once during each calendar year. Additional meetings may be held as set forth in the bylaws. The commission may meet by telecommunication, video conference, or other similar electronic means.
(1) Each member state has and is limited to one (1) delegate selected by that member state's state licensing authority.
(2) The delegate must be an administrator of the state licensing authority of the member state or their designee.
(3) The commission shall by rule or bylaw establish a term of office for delegates and may by rule or bylaw establish term limits.
(4) The commission may recommend removal or suspension of any delegate from office.
(5) A member state's state licensing authority shall fill any vacancy of its delegate occurring on the commission within sixty (60) days of the vacancy.
(6) Each delegate is entitled to one (1) vote on all matters that are voted on by the commission.
(7) The commission shall meet at least once during each calendar year. Additional meetings may be held as set forth in the bylaws. The commission may meet by telecommunication, video conference, or other similar electronic means.
(c) The commission has the following powers: (1) Establish the fiscal year of the commission; (2) Establish code of conduct and conflict of interest policies; (3) Adopt rules and bylaws; (4) Maintain its financial records in accordance with the bylaws; (5) Meet and take such actions as are consistent with this compact, the commission's rules, and the bylaws; (6) Initiate and conclude legal proceedings or actions in the name of the commission; provided, that the standing of any state licensing authority to sue or be sued under applicable law must not be affected; (7) Maintain and certify records and information provided to a member state as the authenticated business records of the commission, and designate an agent to do so on the commission's behalf; (8) Purchase and maintain insurance and bonds; (9) Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state; (10) Conduct an annual financial review; (11) Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of this compact, and establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters; (12) As set forth in the commission rules, charge a fee to a licensee for the grant of a multistate license and thereafter, as may be established by commission rule, charge the licensee a multistate license renewal fee for each renewal period. Nothing in this compact must be construed to prevent a home state from charging a licensee a fee for a multistate license or renewals of a multistate license, or a fee for the jurisprudence requirement if the member state imposes such a requirement for the grant of a multistate license; (13) Assess and collect fees; (14) Accept any and all appropriate gifts, donations, grants of money, other sources of revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same; provided, that at all times the commission shall avoid any appearance of impropriety or conflict of interest; (15) Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or mixed, or any undivided interest therein; (16) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed; (17) Establish a budget and make expenditures; (18) Borrow money; (19) Appoint committees, including standing committees, composed of members, state regulators, state legislators or their representatives, consumer representatives, and such other interested persons as may be designated in this compact and the bylaws; (20) Provide and receive information from, and cooperate with, law enforcement agencies; (21) Elect a chair, vice chair, secretary, treasurer, and such other officers of the commission as provided in the commission's bylaws; (22) Establish and elect an executive committee, including a chair and a vice chair; (23) Adopt and provide to the member states an annual report; (24) Determine whether a state's adopted language is materially different from the model compact language such that the state would not qualify for participation in this compact; and (25) Perform such other functions as may be necessary or appropriate to achieve the purposes of this compact.
(1) Establish the fiscal year of the commission;
(2) Establish code of conduct and conflict of interest policies;
(3) Adopt rules and bylaws;
(4) Maintain its financial records in accordance with the bylaws;
(5) Meet and take such actions as are consistent with this compact, the commission's rules, and the bylaws;
(6) Initiate and conclude legal proceedings or actions in the name of the commission; provided, that the standing of any state licensing authority to sue or be sued under applicable law must not be affected;
(7) Maintain and certify records and information provided to a member state as the authenticated business records of the commission, and designate an agent to do so on the commission's behalf;
(8) Purchase and maintain insurance and bonds;
(9) Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state;
(10) Conduct an annual financial review;
(11) Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of this compact, and establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;
(12) As set forth in the commission rules, charge a fee to a licensee for the grant of a multistate license and thereafter, as may be established by commission rule, charge the licensee a multistate license renewal fee for each renewal period. Nothing in this compact must be construed to prevent a home state from charging a licensee a fee for a multistate license or renewals of a multistate license, or a fee for the jurisprudence requirement if the member state imposes such a requirement for the grant of a multistate license;
(13) Assess and collect fees;
(14) Accept any and all appropriate gifts, donations, grants of money, other sources of revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same; provided, that at all times the commission shall avoid any appearance of impropriety or conflict of interest;
(15) Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or mixed, or any undivided interest therein;
(16) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed;
(17) Establish a budget and make expenditures;
(18) Borrow money;
(19) Appoint committees, including standing committees, composed of members, state regulators, state legislators or their representatives, consumer representatives, and such other interested persons as may be designated in this compact and the bylaws;
(20) Provide and receive information from, and cooperate with, law enforcement agencies;
(21) Elect a chair, vice chair, secretary, treasurer, and such other officers of the commission as provided in the commission's bylaws;
(22) Establish and elect an executive committee, including a chair and a vice chair;
(23) Adopt and provide to the member states an annual report;
(24) Determine whether a state's adopted language is materially different from the model compact language such that the state would not qualify for participation in this compact; and
(25) Perform such other functions as may be necessary or appropriate to achieve the purposes of this compact.
(d) The executive committee. (1) The executive committee has the power to act on behalf of the commission according to the terms of this compact. The powers, duties, and responsibilities of the executive committee include: (A) Overseeing the day-to-day activities of the administration of this compact, including compliance with this compact, the commission's rules and bylaws, and other such duties as deemed necessary; (B) Recommending to the commission changes to the rules or bylaws, changes to this compact legislation, fees charged to compact member states, fees charged to licensees, and other fees; (C) Ensuring compact administration services are appropriately provided, including by contract; (D) Preparing and recommending the budget; (E) Maintaining financial records on behalf of the commission; (F) Monitoring compact compliance of member states and providing compliance reports to the commission; (G) Establishing additional committees as necessary; (H) Exercising the powers and duties of the commission during the interim between commission meetings, except for adopting or amending rules, adopting or amending bylaws, and exercising any other powers and duties expressly reserved to the commission by rule or bylaw; and (I) Other duties as provided in the rules or bylaws of the commission. (2) The executive committee must be composed of up to seven (7) voting members: (A) The chair and vice chair of the commission and any other members of the commission who serve on the executive committee must be voting members of the executive committee; (B) Other than the chair, vice chair, secretary, and treasurer, the commission shall elect three (3) voting members from the current membership of the commission; and (C) The commission may elect ex officio, nonvoting members from a recognized national cosmetology professional association as approved by the commission. The commission's bylaws must identify qualifying organizations and the manner of appointment if the number of organizations seeking to appoint an ex officio member exceeds the number of members specified in this section. (3) The commission may remove any member of the executive committee as provided in the commission's bylaws. (4) (A) The executive committee shall meet at least annually. (B) Annual executive committee meetings, as well as any executive committee meeting at which it does not take or intend to take formal action on a matter for which a commission vote would otherwise be required, must be open to the public, except that the executive committee may meet in a closed, non-public session of a public meeting when dealing with any of the matters covered under subdivision (f)(4). (C) The executive committee shall give five (5) business days' advance notice of its public meetings, posted on its website and as determined to provide notice to persons with an interest in the public matters the executive committee intends to address at those meetings. (5) The executive committee may hold an emergency meeting when acting for the commission to: (A) Meet an imminent threat to public health, safety, or welfare; (B) Prevent a loss of commission or member state funds; or (C) Protect public health and safety.
(1) The executive committee has the power to act on behalf of the commission according to the terms of this compact. The powers, duties, and responsibilities of the executive committee include: (A) Overseeing the day-to-day activities of the administration of this compact, including compliance with this compact, the commission's rules and bylaws, and other such duties as deemed necessary; (B) Recommending to the commission changes to the rules or bylaws, changes to this compact legislation, fees charged to compact member states, fees charged to licensees, and other fees; (C) Ensuring compact administration services are appropriately provided, including by contract; (D) Preparing and recommending the budget; (E) Maintaining financial records on behalf of the commission; (F) Monitoring compact compliance of member states and providing compliance reports to the commission; (G) Establishing additional committees as necessary; (H) Exercising the powers and duties of the commission during the interim between commission meetings, except for adopting or amending rules, adopting or amending bylaws, and exercising any other powers and duties expressly reserved to the commission by rule or bylaw; and (I) Other duties as provided in the rules or bylaws of the commission.
(A) Overseeing the day-to-day activities of the administration of this compact, including compliance with this compact, the commission's rules and bylaws, and other such duties as deemed necessary;
(B) Recommending to the commission changes to the rules or bylaws, changes to this compact legislation, fees charged to compact member states, fees charged to licensees, and other fees;
(C) Ensuring compact administration services are appropriately provided, including by contract;
(D) Preparing and recommending the budget;
(E) Maintaining financial records on behalf of the commission;
(F) Monitoring compact compliance of member states and providing compliance reports to the commission;
(G) Establishing additional committees as necessary;
(H) Exercising the powers and duties of the commission during the interim between commission meetings, except for adopting or amending rules, adopting or amending bylaws, and exercising any other powers and duties expressly reserved to the commission by rule or bylaw; and
(I) Other duties as provided in the rules or bylaws of the commission.
(2) The executive committee must be composed of up to seven (7) voting members: (A) The chair and vice chair of the commission and any other members of the commission who serve on the executive committee must be voting members of the executive committee; (B) Other than the chair, vice chair, secretary, and treasurer, the commission shall elect three (3) voting members from the current membership of the commission; and (C) The commission may elect ex officio, nonvoting members from a recognized national cosmetology professional association as approved by the commission. The commission's bylaws must identify qualifying organizations and the manner of appointment if the number of organizations seeking to appoint an ex officio member exceeds the number of members specified in this section.
(A) The chair and vice chair of the commission and any other members of the commission who serve on the executive committee must be voting members of the executive committee;
(B) Other than the chair, vice chair, secretary, and treasurer, the commission shall elect three (3) voting members from the current membership of the commission; and
(C) The commission may elect ex officio, nonvoting members from a recognized national cosmetology professional association as approved by the commission. The commission's bylaws must identify qualifying organizations and the manner of appointment if the number of organizations seeking to appoint an ex officio member exceeds the number of members specified in this section.
(3) The commission may remove any member of the executive committee as provided in the commission's bylaws.
(4) (A) The executive committee shall meet at least annually. (B) Annual executive committee meetings, as well as any executive committee meeting at which it does not take or intend to take formal action on a matter for which a commission vote would otherwise be required, must be open to the public, except that the executive committee may meet in a closed, non-public session of a public meeting when dealing with any of the matters covered under subdivision (f)(4). (C) The executive committee shall give five (5) business days' advance notice of its public meetings, posted on its website and as determined to provide notice to persons with an interest in the public matters the executive committee intends to address at those meetings.
(A) The executive committee shall meet at least annually.
(B) Annual executive committee meetings, as well as any executive committee meeting at which it does not take or intend to take formal action on a matter for which a commission vote would otherwise be required, must be open to the public, except that the executive committee may meet in a closed, non-public session of a public meeting when dealing with any of the matters covered under subdivision (f)(4).
(C) The executive committee shall give five (5) business days' advance notice of its public meetings, posted on its website and as determined to provide notice to persons with an interest in the public matters the executive committee intends to address at those meetings.
(5) The executive committee may hold an emergency meeting when acting for the commission to: (A) Meet an imminent threat to public health, safety, or welfare; (B) Prevent a loss of commission or member state funds; or (C) Protect public health and safety.
(A) Meet an imminent threat to public health, safety, or welfare;
(B) Prevent a loss of commission or member state funds; or
(C) Protect public health and safety.
(e) The commission shall adopt and provide to the member states an annual report.
(f) Meetings of the commission. (1) All meetings of the commission that are not closed pursuant to subdivision (f)(4) must be open to the public. Notice of public meetings must be posted on the commission's website at least thirty (30) days prior to the public meeting. (2) Notwithstanding subdivision (f)(4), the commission may convene an emergency public meeting by providing at least twenty-four (24) hours' prior notice on the commission's website, and any other means as provided in the commission's rules, for any of the reasons it may dispense with notice of proposed rulemaking under § 62-4-213(l) . The commission's legal counsel shall certify that one (1) of the reasons justifying an emergency public meeting has been met. (3) Notice of all commission meetings must provide the time, date, and location of the meeting, and if the meeting is to be held or accessible via telecommunication, video conference, or other electronic means, the notice must include the mechanism for access to the meeting. (4) The commission may convene in a closed, non-public meeting for the commission to discuss: (A) Non-compliance of a member state with its obligations under the compact; (B) The employment, compensation, discipline, or other matters, practices, or procedures related to specific employees or other matters related to the commission's internal personnel practices and procedures; (C) Current or threatened discipline of a licensee by the commission or by a member state's licensing authority; (D) Current, threatened, or reasonably anticipated litigation; (E) Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate; (F) Accusing any person of a crime or formally censuring any person; (G) Trade secrets or commercial or financial information that is privileged or confidential; (H) Information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; (I) Investigative records compiled for law enforcement purposes; (J) Information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to this compact; (K) Legal advice; (L) Matters specifically exempted from disclosure to the public by federal or member state law; or (M) Other matters as promulgated by the commission by rule. (5) If a meeting, or portion of a meeting, is closed, then the presiding officer must state that the meeting will be closed and reference each relevant exempting provision, and such reference must be recorded in the minutes. (6) The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action must be identified in such minutes. All minutes and documents of a closed meeting must remain under seal, subject to release only by a majority vote of the commission or order of a court of competent jurisdiction.
(1) All meetings of the commission that are not closed pursuant to subdivision (f)(4) must be open to the public. Notice of public meetings must be posted on the commission's website at least thirty (30) days prior to the public meeting.
(2) Notwithstanding subdivision (f)(4), the commission may convene an emergency public meeting by providing at least twenty-four (24) hours' prior notice on the commission's website, and any other means as provided in the commission's rules, for any of the reasons it may dispense with notice of proposed rulemaking under § 62-4-213(l) . The commission's legal counsel shall certify that one (1) of the reasons justifying an emergency public meeting has been met.
(3) Notice of all commission meetings must provide the time, date, and location of the meeting, and if the meeting is to be held or accessible via telecommunication, video conference, or other electronic means, the notice must include the mechanism for access to the meeting.
(4) The commission may convene in a closed, non-public meeting for the commission to discuss: (A) Non-compliance of a member state with its obligations under the compact; (B) The employment, compensation, discipline, or other matters, practices, or procedures related to specific employees or other matters related to the commission's internal personnel practices and procedures; (C) Current or threatened discipline of a licensee by the commission or by a member state's licensing authority; (D) Current, threatened, or reasonably anticipated litigation; (E) Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate; (F) Accusing any person of a crime or formally censuring any person; (G) Trade secrets or commercial or financial information that is privileged or confidential; (H) Information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; (I) Investigative records compiled for law enforcement purposes; (J) Information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to this compact; (K) Legal advice; (L) Matters specifically exempted from disclosure to the public by federal or member state law; or (M) Other matters as promulgated by the commission by rule.
(A) Non-compliance of a member state with its obligations under the compact;
(B) The employment, compensation, discipline, or other matters, practices, or procedures related to specific employees or other matters related to the commission's internal personnel practices and procedures;
(C) Current or threatened discipline of a licensee by the commission or by a member state's licensing authority;
(D) Current, threatened, or reasonably anticipated litigation;
(E) Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;
(F) Accusing any person of a crime or formally censuring any person;
(G) Trade secrets or commercial or financial information that is privileged or confidential;
(H) Information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
(I) Investigative records compiled for law enforcement purposes;
(J) Information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to this compact;
(K) Legal advice;
(L) Matters specifically exempted from disclosure to the public by federal or member state law; or
(M) Other matters as promulgated by the commission by rule.
(5) If a meeting, or portion of a meeting, is closed, then the presiding officer must state that the meeting will be closed and reference each relevant exempting provision, and such reference must be recorded in the minutes.
(6) The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action must be identified in such minutes. All minutes and documents of a closed meeting must remain under seal, subject to release only by a majority vote of the commission or order of a court of competent jurisdiction.
(g) Financing of the commission. (1) The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities. (2) The commission may accept any and all appropriate sources of revenue, donations, and grants of money, equipment, supplies, materials, and services. (3) The commission may levy on and collect an annual assessment from each member state and impose fees on licensees of member states to whom it grants a multistate license to cover the cost of the operations and activities of the commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount for member states must be allocated based upon a formula that the commission shall promulgate by rule. (4) The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same, nor shall the commission pledge the credit of any member states, except by and with the authority of the member state. (5) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission are subject to the financial review and accounting procedures established under its bylaws. All receipts and disbursements of funds handled by the commission are subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review must be included in and become part of the annual report of the commission.
(1) The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
(2) The commission may accept any and all appropriate sources of revenue, donations, and grants of money, equipment, supplies, materials, and services.
(3) The commission may levy on and collect an annual assessment from each member state and impose fees on licensees of member states to whom it grants a multistate license to cover the cost of the operations and activities of the commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount for member states must be allocated based upon a formula that the commission shall promulgate by rule.
(4) The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same, nor shall the commission pledge the credit of any member states, except by and with the authority of the member state.
(5) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission are subject to the financial review and accounting procedures established under its bylaws. All receipts and disbursements of funds handled by the commission are subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review must be included in and become part of the annual report of the commission.
(h) Qualified immunity, defense, and indemnification. (1) The members, officers, executive director, employees, and representatives of the commission are immune from suit and liability, both personally and in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided, that nothing in this subdivision (h)(1) must be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person. The procurement of insurance of any type by the commission does not in any way compromise or limit the immunity granted hereunder. (2) The commission shall defend any member, officer, executive director, employee, and representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or as determined by the commission that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided, that nothing in this compact must be construed to prohibit that person from retaining their own counsel at their own expense; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct. (3) The commission shall indemnify and hold harmless any member, officer, executive director, employee, and representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided, that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person. (4) Nothing in this compact must be construed as a limitation on the liability of any licensee for professional malpractice or misconduct, which is governed solely by any other applicable state laws. (5) Nothing in this compact must be interpreted to waive or otherwise abrogate a member state's state action immunity or state action affirmative defense with respect to antitrust claims under the Sherman Act, Clayton Act, or any other state or federal antitrust or anticompetitive law or regulation. (6) Nothing in this compact must be construed to be a waiver of sovereign immunity by the member states or by the commission.
(1) The members, officers, executive director, employees, and representatives of the commission are immune from suit and liability, both personally and in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided, that nothing in this subdivision (h)(1) must be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person. The procurement of insurance of any type by the commission does not in any way compromise or limit the immunity granted hereunder.
(2) The commission shall defend any member, officer, executive director, employee, and representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or as determined by the commission that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided, that nothing in this compact must be construed to prohibit that person from retaining their own counsel at their own expense; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct.
(3) The commission shall indemnify and hold harmless any member, officer, executive director, employee, and representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided, that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.
(4) Nothing in this compact must be construed as a limitation on the liability of any licensee for professional malpractice or misconduct, which is governed solely by any other applicable state laws.
(5) Nothing in this compact must be interpreted to waive or otherwise abrogate a member state's state action immunity or state action affirmative defense with respect to antitrust claims under the Sherman Act, Clayton Act, or any other state or federal antitrust or anticompetitive law or regulation.
(6) Nothing in this compact must be construed to be a waiver of sovereign immunity by the member states or by the commission.
Added by 2024 Tenn. Acts, ch. 1060,s 1, eff. 7/1/2024.
Tenn. Code Ann. § 62-4-201 — TN Code / Title 62 / Chapter 4 / Section 62-4-201
Short title
Status: in_force

This part is known and may be cited as the "Cosmetology Licensure Compact." Added by 2024 Tenn. Acts, ch. 1060,s 1, eff. 7/1/2024.
This part is known and may be cited as the "Cosmetology Licensure Compact."
Added by 2024 Tenn. Acts, ch. 1060,s 1, eff. 7/1/2024.
Tenn. Code Ann. § 62-3-105 — TN Code / Title 62 / Chapter 3 / Section 62-3-105
Acts constituting barbering
Status: in_force

Any one (1) or any combination of the following practices, when done for payment, directly or indirectly, or without payment, for the public generally, constitute the practice of barbering: (1) Shaving or trimming the beard; (2) Cutting or styling the hair; (3) Giving facial and scalp massages or treatments with oils, creams, lotions or other preparations either by hand or mechanical appliances; (4) Singeing, curling, shampooing, coloring, bleaching or straightening the hair or applying hair tonics; (5) Cutting, fitting, measuring and forming head caps for wigs or hair pieces; (6) Hair weaving, excluding medical or surgical procedures; (7) Applying cosmetic preparations, antiseptics, powders, oils, clays or lotions to scalp, face, neck or other parts of the body; or (8) Manicuring and nail care. Acts 1929, ch. 118, § 2; Code 1932; § 7119; Acts 1951, ch. 231, § 1; 1975, ch. 206, §1; 1978, ch. 816, § 1; T.C.A. (orig. ed.), § 62-306; Acts 1982, ch. 870, § 1; 1986, ch. 921, § 2.
Any one (1) or any combination of the following practices, when done for payment, directly or indirectly, or without payment, for the public generally, constitute the practice of barbering:
(1) Shaving or trimming the beard;
(2) Cutting or styling the hair;
(3) Giving facial and scalp massages or treatments with oils, creams, lotions or other preparations either by hand or mechanical appliances;
(4) Singeing, curling, shampooing, coloring, bleaching or straightening the hair or applying hair tonics;
(5) Cutting, fitting, measuring and forming head caps for wigs or hair pieces;
(6) Hair weaving, excluding medical or surgical procedures;
(7) Applying cosmetic preparations, antiseptics, powders, oils, clays or lotions to scalp, face, neck or other parts of the body; or
(8) Manicuring and nail care.
Acts 1929, ch. 118, § 2; Code 1932; § 7119; Acts 1951, ch. 231, § 1; 1975, ch. 206, §1; 1978, ch. 816, § 1; T.C.A. (orig. ed.), § 62-306; Acts 1982, ch. 870, § 1; 1986, ch. 921, § 2.
Tenn. Code Ann. § 62-1-111 — TN Code / Title 62 / Chapter 1 / Section 62-1-111
Revocation, suspension or refusal to renew license - Other penalties - Hearings - Procedure - Costs
Status: in_force

(a) After notice and hearing pursuant to § 62-1-120 , the board may revoke any license issued under § 62-1-107 , § 62-1-108 or § 62-1-109 or corresponding provisions of prior law, may suspend the license or refuse to renew the license for a period of no more than five (5) years, may reprimand, censure or limit the scope of practice of any licensee, may impose a civil penalty or may place any licensee on probation, all with or without terms, conditions and limitations, for any one (1) or more of the following reasons: (1) Fraud or deceit in obtaining a license; (2) Cancellation, revocation, suspension or refusal to renew a license or practice rights for disciplinary reasons in any other state for any cause; (3) Failure on the part of a licensee to maintain compliance with the requirements for issuance or renewal of the license or to report changes to the board under § 62-1-107(f) or § 62-1-108(g) ; (4) Revocation or suspension of the right to practice before any state or federal agency; (5) Dishonesty, fraud or gross negligence in the performance of services as a licensee or in the filing or failure to file the licensee's own income tax returns; (6) Violation of any provision of this chapter or rule promulgated by the board under this chapter or violation of professional standards; (7) Violation of any rule of professional conduct promulgated by the board; (8) Conviction of a felony or of any crime an element of which is dishonesty or fraud under the laws of the United States, of this state, or of any other state or country if the acts involved would have constituted a crime under the laws of this state. However, an action taken under this subdivision (a)(8) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title; (9) Performance of any fraudulent act while holding a certificate or permit issued under this chapter or prior law; (10) Any conduct reflecting adversely upon the licensee's fitness to perform services while a licensee; (11) Making any false or misleading statement or verification in support of an application for a license filed by another; and (12) Violation of the terms of any lawful order entered by the board. (b) In lieu of or in addition to any remedy specifically provided in subsection (a), the board may require of a licensee: (1) A peer review conducted in the fashion that the board may specify; and/or (2) Satisfactory completion of continuing professional education programs that the board may specify. (c) The board has the power to sit as a trial board, to summon records and witnesses by subpoena and to compel their attendance, to administer oaths and to pass judgment upon those licensed under this chapter pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Prior to disciplinary actions against persons licensed under authority of this chapter, the board shall provide written notice to the parties affected by the contemplated disciplinary actions at least thirty (30) days in advance of such action pursuant to the Uniform Administrative Procedures Act. Parties affected by any contemplated disciplinary action shall be entitled to a full hearing prior to any disciplinary action taken by the board conducted pursuant to the Uniform Administrative Procedures Act, and shall be entitled to be represented by counsel and make such defense as may be proper. (d) In any proceeding in which a remedy provided by subsection (a) or (b) is imposed, the board may also require the respondent licensee to pay all costs of the proceeding. (e) In any case where the board renders a decision imposing discipline against a licensee under this section, the board shall examine its records to determine whether the licensee holds a certificate or a permit in any other state; and if so, the board shall notify the board of accountancy of the other state of its decision by mail, within forty-five (45) days of rendering the decision. The board may also furnish information relating to proceedings resulting in disciplinary action to other public authorities and to private professional organizations having a disciplinary interest in the licensee. Where a petition for review has been filed pursuant to the Uniform Administrative Procedures Act, the notification and furnishing of information provided for in this subsection (e) shall await the resolution of the review; and, if resolution is in favor of the licensee, no notification or furnishing of information shall be made. Amended by 2018 Tenn. Acts, ch. 745, s 1, eff. 7/1/2018. Acts 1998, ch. 700, § 4.
(a) After notice and hearing pursuant to § 62-1-120 , the board may revoke any license issued under § 62-1-107 , § 62-1-108 or § 62-1-109 or corresponding provisions of prior law, may suspend the license or refuse to renew the license for a period of no more than five (5) years, may reprimand, censure or limit the scope of practice of any licensee, may impose a civil penalty or may place any licensee on probation, all with or without terms, conditions and limitations, for any one (1) or more of the following reasons: (1) Fraud or deceit in obtaining a license; (2) Cancellation, revocation, suspension or refusal to renew a license or practice rights for disciplinary reasons in any other state for any cause; (3) Failure on the part of a licensee to maintain compliance with the requirements for issuance or renewal of the license or to report changes to the board under § 62-1-107(f) or § 62-1-108(g) ; (4) Revocation or suspension of the right to practice before any state or federal agency; (5) Dishonesty, fraud or gross negligence in the performance of services as a licensee or in the filing or failure to file the licensee's own income tax returns; (6) Violation of any provision of this chapter or rule promulgated by the board under this chapter or violation of professional standards; (7) Violation of any rule of professional conduct promulgated by the board; (8) Conviction of a felony or of any crime an element of which is dishonesty or fraud under the laws of the United States, of this state, or of any other state or country if the acts involved would have constituted a crime under the laws of this state. However, an action taken under this subdivision (a)(8) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title; (9) Performance of any fraudulent act while holding a certificate or permit issued under this chapter or prior law; (10) Any conduct reflecting adversely upon the licensee's fitness to perform services while a licensee; (11) Making any false or misleading statement or verification in support of an application for a license filed by another; and (12) Violation of the terms of any lawful order entered by the board.
(1) Fraud or deceit in obtaining a license;
(2) Cancellation, revocation, suspension or refusal to renew a license or practice rights for disciplinary reasons in any other state for any cause;
(3) Failure on the part of a licensee to maintain compliance with the requirements for issuance or renewal of the license or to report changes to the board under § 62-1-107(f) or § 62-1-108(g) ;
(4) Revocation or suspension of the right to practice before any state or federal agency;
(5) Dishonesty, fraud or gross negligence in the performance of services as a licensee or in the filing or failure to file the licensee's own income tax returns;
(6) Violation of any provision of this chapter or rule promulgated by the board under this chapter or violation of professional standards;
(7) Violation of any rule of professional conduct promulgated by the board;
(8) Conviction of a felony or of any crime an element of which is dishonesty or fraud under the laws of the United States, of this state, or of any other state or country if the acts involved would have constituted a crime under the laws of this state. However, an action taken under this subdivision (a)(8) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title;
(9) Performance of any fraudulent act while holding a certificate or permit issued under this chapter or prior law;
(10) Any conduct reflecting adversely upon the licensee's fitness to perform services while a licensee;
(11) Making any false or misleading statement or verification in support of an application for a license filed by another; and
(12) Violation of the terms of any lawful order entered by the board.
(b) In lieu of or in addition to any remedy specifically provided in subsection (a), the board may require of a licensee: (1) A peer review conducted in the fashion that the board may specify; and/or (2) Satisfactory completion of continuing professional education programs that the board may specify.
(1) A peer review conducted in the fashion that the board may specify; and/or
(2) Satisfactory completion of continuing professional education programs that the board may specify.
(c) The board has the power to sit as a trial board, to summon records and witnesses by subpoena and to compel their attendance, to administer oaths and to pass judgment upon those licensed under this chapter pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Prior to disciplinary actions against persons licensed under authority of this chapter, the board shall provide written notice to the parties affected by the contemplated disciplinary actions at least thirty (30) days in advance of such action pursuant to the Uniform Administrative Procedures Act. Parties affected by any contemplated disciplinary action shall be entitled to a full hearing prior to any disciplinary action taken by the board conducted pursuant to the Uniform Administrative Procedures Act, and shall be entitled to be represented by counsel and make such defense as may be proper.
(d) In any proceeding in which a remedy provided by subsection (a) or (b) is imposed, the board may also require the respondent licensee to pay all costs of the proceeding.
(e) In any case where the board renders a decision imposing discipline against a licensee under this section, the board shall examine its records to determine whether the licensee holds a certificate or a permit in any other state; and if so, the board shall notify the board of accountancy of the other state of its decision by mail, within forty-five (45) days of rendering the decision. The board may also furnish information relating to proceedings resulting in disciplinary action to other public authorities and to private professional organizations having a disciplinary interest in the licensee. Where a petition for review has been filed pursuant to the Uniform Administrative Procedures Act, the notification and furnishing of information provided for in this subsection (e) shall await the resolution of the review; and, if resolution is in favor of the licensee, no notification or furnishing of information shall be made.
Amended by 2018 Tenn. Acts, ch. 745, s 1, eff. 7/1/2018.
Acts 1998, ch. 700, § 4.
Tenn. Code Ann. § 62-32-117 — TN Code / Title 62 / Chapter 32 / Section 62-32-117
Penalties
Status: in_force

(a) A violation of this part or any rule lawfully promulgated under this part is a Class B misdemeanor. (b) In addition to the penalty set forth in subsection (a): (1) The state fire marshal 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 state fire marshal 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 2, eff. 5/8/2015. Acts 1984, ch. 949, § 14; 1989, ch. 591, § 112.
(a) A violation of this part or any rule lawfully promulgated under this part is a Class B misdemeanor.
(b) In addition to the penalty set forth in subsection (a): (1) The state fire marshal 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 state fire marshal 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 state fire marshal 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 state fire marshal 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 2, eff. 5/8/2015.
Acts 1984, ch. 949, § 14; 1989, ch. 591, § 112.
Tenn. Code Ann. § 62-5-205 — TN Code / Title 62 / Chapter 5 / Section 62-5-205
Executive director
Status: in_force

The director of the division of regulatory boards or the director's designee shall serve as executive director for the board and shall provide all administrative functions for the board. Acts 1951, ch. 13, § 4 (Williams, § 7140.4); Acts 1967, ch. 372, § 2; 1975, ch. 236, § 1; 1978, ch. 906, § 17; 1978, ch. 924, § 4; T.C.A. (orig. ed.), § 62-505; Acts 1996, ch. 742, § 1.
The director of the division of regulatory boards or the director's designee shall serve as executive director for the board and shall provide all administrative functions for the board.
Acts 1951, ch. 13, § 4 (Williams, § 7140.4); Acts 1967, ch. 372, § 2; 1975, ch. 236, § 1; 1978, ch. 906, § 17; 1978, ch. 924, § 4; T.C.A. (orig. ed.), § 62-505; Acts 1996, ch. 742, § 1.
Tenn. Code Ann. § 62-21-109 — TN Code / Title 62 / Chapter 21 / Section 62-21-109
Registration of solicitors
Status: in_force

(a) A person chartered under this chapter shall list with the department the name, residence and address of each salesperson or agent who is authorized to solicit business or anyone authorized to enter into a pest control contract on behalf of the chartered person. A person listed as a licensee or registered technician is considered to be a registered solicitor for the chartered person without a requirement of separate solicitor registration. (b) (1) Each person chartered is required to secure from the department a solicitor's registration for any salespersons or agents. (2) Registration shall be issued when it has been shown that the prospective solicitor or agent is an employee of the chartered firm and has written authority to solicit business for the firm and bind the firm to contracts for pest control service and when the fees provided for in this chapter have been paid and received by the department. (c) No person registered under this section shall possess more than one (1) registration card at a time and can be gainfully employed by only one (1) chartered person. (d) It is a violation for a registered solicitor under this chapter knowingly to use false information or a deceptive representation to sell pesticide application services. (e) Each person registered under this section shall possess commercial certification in each category of service offered for sale or provided. Acts 1978, ch. 844, § 9; T.C.A., § 62-2109; Acts 1994, ch. 960, § 11.
(a) A person chartered under this chapter shall list with the department the name, residence and address of each salesperson or agent who is authorized to solicit business or anyone authorized to enter into a pest control contract on behalf of the chartered person. A person listed as a licensee or registered technician is considered to be a registered solicitor for the chartered person without a requirement of separate solicitor registration.
(b) (1) Each person chartered is required to secure from the department a solicitor's registration for any salespersons or agents. (2) Registration shall be issued when it has been shown that the prospective solicitor or agent is an employee of the chartered firm and has written authority to solicit business for the firm and bind the firm to contracts for pest control service and when the fees provided for in this chapter have been paid and received by the department.
(1) Each person chartered is required to secure from the department a solicitor's registration for any salespersons or agents.
(2) Registration shall be issued when it has been shown that the prospective solicitor or agent is an employee of the chartered firm and has written authority to solicit business for the firm and bind the firm to contracts for pest control service and when the fees provided for in this chapter have been paid and received by the department.
(c) No person registered under this section shall possess more than one (1) registration card at a time and can be gainfully employed by only one (1) chartered person.
(d) It is a violation for a registered solicitor under this chapter knowingly to use false information or a deceptive representation to sell pesticide application services.
(e) Each person registered under this section shall possess commercial certification in each category of service offered for sale or provided.
Acts 1978, ch. 844, § 9; T.C.A., § 62-2109; Acts 1994, ch. 960, § 11.
Tenn. Code Ann. § 62-1-110 — TN Code / Title 62 / Chapter 1 / Section 62-1-110
Appointment of secretary of state as agent for process
Status: in_force

Application by a person or a firm not a resident of this state for a certificate under § 62-1-107 or a permit to practice under § 62-1-108 shall constitute appointment of the secretary of state as the applicant's agent upon whom process may be served in any action or proceeding against the applicant arising out of any transaction or operation connected with or incidental to services performed by the applicant while a licensee within this state. Acts 1998, ch. 700, § 4.
Application by a person or a firm not a resident of this state for a certificate under § 62-1-107 or a permit to practice under § 62-1-108 shall constitute appointment of the secretary of state as the applicant's agent upon whom process may be served in any action or proceeding against the applicant arising out of any transaction or operation connected with or incidental to services performed by the applicant while a licensee within this state.
Acts 1998, ch. 700, § 4.
Tenn. Code Ann. § 62-43-105 — TN Code / Title 62 / Chapter 43 / Section 62-43-105
Chapter or professional employer agreements do not affect collective bargaining agreements, or federal or state labor relations law - Limits on chapter or professional employer agreements - Determination of tax credits and economic incentives
Status: in_force

(a) Nothing contained in this chapter or in any professional employer agreement shall affect, modify or amend any collective bargaining agreement, or the rights or obligations of any client, professional employer organization or covered employee under: (1) The National Labor Relations Act ( 29 U.S.C. §§ 151 et seq.), and as amended; (2) The Railway Labor Act ( 45 U.S.C. §§ 151 et seq.), and as amended; or (3) Applicable state labor relations law, compiled in titles 12 and 50 and as amended. (b) Nothing in this chapter or in any professional employer agreement shall: (1) Diminish, abolish or remove rights of covered employees to a client or obligations of such client to a covered employee existing prior to the effective date of the professional employer agreement; (2) Affect, modify or amend any contractual relationship or restrictive covenant between a covered employee and any client in effect at the time a professional employer agreement becomes effective; (3) Prohibit or amend any contractual relationship or restrictive covenant that is entered into subsequently between a client and a covered employee; (4) Impose responsibility or liability on a professional employer organization in connection with, or arising out of, any such existing or new contractual relationship or restrictive covenant between the client and a covered employee unless the professional employer organization has specifically agreed otherwise in writing; or (5) Create any new or additional enforceable right of a covered employee against a professional employer organization that is not specifically provided by the professional employer agreement or this chapter. (c) (1) Nothing contained in this chapter or any professional employer agreement shall affect, modify or amend any state, local governmental entity or federal licensing, registration, or certification requirement applicable to any client or covered employee. (2) A covered employee who must be licensed, registered or certified according to law or regulation is deemed solely an employee of the client for purposes of any such license, registration or certification requirement. (3) A professional employer organization shall not be deemed to engage in any occupation, trade, profession or other activity that is subject to licensing, registration or certification requirements, or is otherwise regulated by a local governmental entity solely by entering into and maintaining a co-employment relationship with a covered employee who is subject to such requirements or regulation. (4) A client shall have the sole right of direction and control of the professional or licensed activities of covered employees and of the client's business. Such covered employees and clients shall remain subject to regulation by the state or local governmental entity responsible for licensing, registration or certification of such covered employees or clients. (d) (1) For purposes of determination of tax credits and other economic incentives provided by this state, or a local government entity, and based on employment, covered employees may be deemed employees solely of the client. (2) A client may be eligible for any tax credit, economic incentive, or other benefit arising as the result of the employment of covered employees of the client. (3) Notwithstanding that the professional employer organization is the W-2 reporting employer, the client may continue to qualify for the benefit, incentive, or credit. (4) If the grant or amount of any such credit, incentive or benefit is based on the number of employees, then each client shall be treated as employing only those covered employees co-employed by the client. Covered employees working for other clients of the professional employer organization shall not be counted. (5) Each professional employer organization shall provide, upon request by a client, an agency or department of this state or local governmental entity, employment information reasonably required by any agency or department of this state responsible for administration of any such tax credit, economic incentive or benefit and necessary to support any request, claim, application or other action by a client seeking any such tax credit, economic incentive or benefit. (e) With respect to a bid, contract, purchase order or agreement entered into with this state or a local governmental entity, a client company's status or certification as a Tennessee small business, minority-owned business, Tennessee service-disabled veteran-owned business, disadvantaged business or woman-owned business, or as a historically underutilized business enterprise, is not affected because the client company has entered into an agreement with a professional employer organization or uses the services of a professional employer organization. (f) In a co-employment relationship: (1) The professional employer organization is entitled to enforce only such employer rights, and is subject to only those obligations, specifically allocated to the professional employer organization by the professional employer agreement or this chapter; (2) The client is entitled to enforce: (A) The rights, and obligated to provide and perform the employer obligations, allocated to the client by the professional employer agreement and this chapter; and (B) Any right or obligation, not specifically allocated to the professional employer organization by the professional employer agreement or this chapter. (g) A person is not a professional employer organization if the person: (1) (A) Engages in a principal business activity that does not involve entering into professional employer arrangements; (B) Does not hold itself out as a professional employer organization; and (C) Shares employees with a commonly owned company within the meaning of §§ 414(b) and (c) of the Internal Revenue Code of 1986, as amended; (2) Provides temporary help services; or (3) Assumes responsibility through independent contractor arrangements for the product produced or service performed by such person or such person's agents and retains and exercises primary direction and control over the work performed by the individuals whose services are supplied under such arrangements. Amended by 2015 Tenn. Acts, ch. 84, Secs.s 2, s 3eff. 7/1/2015. Amended by 2015 Tenn. Acts, ch. 84, s 1, eff. 7/1/2015. Acts 2012, ch. 1081, § 1.
(a) Nothing contained in this chapter or in any professional employer agreement shall affect, modify or amend any collective bargaining agreement, or the rights or obligations of any client, professional employer organization or covered employee under: (1) The National Labor Relations Act ( 29 U.S.C. §§ 151 et seq.), and as amended; (2) The Railway Labor Act ( 45 U.S.C. §§ 151 et seq.), and as amended; or (3) Applicable state labor relations law, compiled in titles 12 and 50 and as amended.
(1) The National Labor Relations Act ( 29 U.S.C. §§ 151 et seq.), and as amended;
(2) The Railway Labor Act ( 45 U.S.C. §§ 151 et seq.), and as amended; or
(3) Applicable state labor relations law, compiled in titles 12 and 50 and as amended.
(b) Nothing in this chapter or in any professional employer agreement shall: (1) Diminish, abolish or remove rights of covered employees to a client or obligations of such client to a covered employee existing prior to the effective date of the professional employer agreement; (2) Affect, modify or amend any contractual relationship or restrictive covenant between a covered employee and any client in effect at the time a professional employer agreement becomes effective; (3) Prohibit or amend any contractual relationship or restrictive covenant that is entered into subsequently between a client and a covered employee; (4) Impose responsibility or liability on a professional employer organization in connection with, or arising out of, any such existing or new contractual relationship or restrictive covenant between the client and a covered employee unless the professional employer organization has specifically agreed otherwise in writing; or (5) Create any new or additional enforceable right of a covered employee against a professional employer organization that is not specifically provided by the professional employer agreement or this chapter.
(1) Diminish, abolish or remove rights of covered employees to a client or obligations of such client to a covered employee existing prior to the effective date of the professional employer agreement;
(2) Affect, modify or amend any contractual relationship or restrictive covenant between a covered employee and any client in effect at the time a professional employer agreement becomes effective;
(3) Prohibit or amend any contractual relationship or restrictive covenant that is entered into subsequently between a client and a covered employee;
(4) Impose responsibility or liability on a professional employer organization in connection with, or arising out of, any such existing or new contractual relationship or restrictive covenant between the client and a covered employee unless the professional employer organization has specifically agreed otherwise in writing; or
(5) Create any new or additional enforceable right of a covered employee against a professional employer organization that is not specifically provided by the professional employer agreement or this chapter.
(c) (1) Nothing contained in this chapter or any professional employer agreement shall affect, modify or amend any state, local governmental entity or federal licensing, registration, or certification requirement applicable to any client or covered employee. (2) A covered employee who must be licensed, registered or certified according to law or regulation is deemed solely an employee of the client for purposes of any such license, registration or certification requirement. (3) A professional employer organization shall not be deemed to engage in any occupation, trade, profession or other activity that is subject to licensing, registration or certification requirements, or is otherwise regulated by a local governmental entity solely by entering into and maintaining a co-employment relationship with a covered employee who is subject to such requirements or regulation. (4) A client shall have the sole right of direction and control of the professional or licensed activities of covered employees and of the client's business. Such covered employees and clients shall remain subject to regulation by the state or local governmental entity responsible for licensing, registration or certification of such covered employees or clients.
(1) Nothing contained in this chapter or any professional employer agreement shall affect, modify or amend any state, local governmental entity or federal licensing, registration, or certification requirement applicable to any client or covered employee.
(2) A covered employee who must be licensed, registered or certified according to law or regulation is deemed solely an employee of the client for purposes of any such license, registration or certification requirement.
(3) A professional employer organization shall not be deemed to engage in any occupation, trade, profession or other activity that is subject to licensing, registration or certification requirements, or is otherwise regulated by a local governmental entity solely by entering into and maintaining a co-employment relationship with a covered employee who is subject to such requirements or regulation.
(4) A client shall have the sole right of direction and control of the professional or licensed activities of covered employees and of the client's business. Such covered employees and clients shall remain subject to regulation by the state or local governmental entity responsible for licensing, registration or certification of such covered employees or clients.
(d) (1) For purposes of determination of tax credits and other economic incentives provided by this state, or a local government entity, and based on employment, covered employees may be deemed employees solely of the client. (2) A client may be eligible for any tax credit, economic incentive, or other benefit arising as the result of the employment of covered employees of the client. (3) Notwithstanding that the professional employer organization is the W-2 reporting employer, the client may continue to qualify for the benefit, incentive, or credit. (4) If the grant or amount of any such credit, incentive or benefit is based on the number of employees, then each client shall be treated as employing only those covered employees co-employed by the client. Covered employees working for other clients of the professional employer organization shall not be counted. (5) Each professional employer organization shall provide, upon request by a client, an agency or department of this state or local governmental entity, employment information reasonably required by any agency or department of this state responsible for administration of any such tax credit, economic incentive or benefit and necessary to support any request, claim, application or other action by a client seeking any such tax credit, economic incentive or benefit.
(1) For purposes of determination of tax credits and other economic incentives provided by this state, or a local government entity, and based on employment, covered employees may be deemed employees solely of the client.
(2) A client may be eligible for any tax credit, economic incentive, or other benefit arising as the result of the employment of covered employees of the client.
(3) Notwithstanding that the professional employer organization is the W-2 reporting employer, the client may continue to qualify for the benefit, incentive, or credit.
(4) If the grant or amount of any such credit, incentive or benefit is based on the number of employees, then each client shall be treated as employing only those covered employees co-employed by the client. Covered employees working for other clients of the professional employer organization shall not be counted.
(5) Each professional employer organization shall provide, upon request by a client, an agency or department of this state or local governmental entity, employment information reasonably required by any agency or department of this state responsible for administration of any such tax credit, economic incentive or benefit and necessary to support any request, claim, application or other action by a client seeking any such tax credit, economic incentive or benefit.
(e) With respect to a bid, contract, purchase order or agreement entered into with this state or a local governmental entity, a client company's status or certification as a Tennessee small business, minority-owned business, Tennessee service-disabled veteran-owned business, disadvantaged business or woman-owned business, or as a historically underutilized business enterprise, is not affected because the client company has entered into an agreement with a professional employer organization or uses the services of a professional employer organization.
(f) In a co-employment relationship: (1) The professional employer organization is entitled to enforce only such employer rights, and is subject to only those obligations, specifically allocated to the professional employer organization by the professional employer agreement or this chapter; (2) The client is entitled to enforce: (A) The rights, and obligated to provide and perform the employer obligations, allocated to the client by the professional employer agreement and this chapter; and (B) Any right or obligation, not specifically allocated to the professional employer organization by the professional employer agreement or this chapter.
(1) The professional employer organization is entitled to enforce only such employer rights, and is subject to only those obligations, specifically allocated to the professional employer organization by the professional employer agreement or this chapter;
(2) The client is entitled to enforce: (A) The rights, and obligated to provide and perform the employer obligations, allocated to the client by the professional employer agreement and this chapter; and (B) Any right or obligation, not specifically allocated to the professional employer organization by the professional employer agreement or this chapter.
(A) The rights, and obligated to provide and perform the employer obligations, allocated to the client by the professional employer agreement and this chapter; and
(B) Any right or obligation, not specifically allocated to the professional employer organization by the professional employer agreement or this chapter.
(g) A person is not a professional employer organization if the person: (1) (A) Engages in a principal business activity that does not involve entering into professional employer arrangements; (B) Does not hold itself out as a professional employer organization; and (C) Shares employees with a commonly owned company within the meaning of §§ 414(b) and (c) of the Internal Revenue Code of 1986, as amended; (2) Provides temporary help services; or (3) Assumes responsibility through independent contractor arrangements for the product produced or service performed by such person or such person's agents and retains and exercises primary direction and control over the work performed by the individuals whose services are supplied under such arrangements.
(1) (A) Engages in a principal business activity that does not involve entering into professional employer arrangements; (B) Does not hold itself out as a professional employer organization; and (C) Shares employees with a commonly owned company within the meaning of §§ 414(b) and (c) of the Internal Revenue Code of 1986, as amended;
(A) Engages in a principal business activity that does not involve entering into professional employer arrangements;
(B) Does not hold itself out as a professional employer organization; and
(C) Shares employees with a commonly owned company within the meaning of §§ 414(b) and (c) of the Internal Revenue Code of 1986, as amended;
(2) Provides temporary help services; or
(3) Assumes responsibility through independent contractor arrangements for the product produced or service performed by such person or such person's agents and retains and exercises primary direction and control over the work performed by the individuals whose services are supplied under such arrangements.
Amended by 2015 Tenn. Acts, ch. 84, Secs.s 2, s 3eff. 7/1/2015.
Amended by 2015 Tenn. Acts, ch. 84, s 1, eff. 7/1/2015.
Acts 2012, ch. 1081, § 1.
Tenn. Code Ann. § 62-43-111 — TN Code / Title 62 / Chapter 43 / Section 62-43-111
Collecting and assessing sales tax
Status: in_force

(a) Covered employees whose services are subject to sales tax shall be deemed the employees of the client for purposes of collecting and levying sales tax on the services performed by the covered employee. Nothing contained in this chapter shall relieve a client of any sales tax liability with respect to its goods or services. (b) Any tax or assessment imposed upon professional employer services or any business license or other fee which is based upon "gross receipts" shall allow a deduction from the gross income or receipts of the business derived from performing professional employer services that is equal to that portion of the fee charged to a client that represents the actual cost of wages and salaries, benefits, workers' compensation, payroll taxes, withholding or other assessments paid to or on behalf of a covered employee by the professional employer organization under a professional employer agreement. (c) Any tax assessed or assessment or mandated expenditure on a per capita or per employee basis shall be assessed against the client for covered employees and against the professional employer organization for its employees who are not covered employees co-employed with a client. Benefits or monetary consideration that meet the requirements of mandates imposed on a client and that are received by covered employees through the professional employer organization either through payroll or through benefit plans sponsored by the professional employer organization shall be credited against the client's obligation to fulfill such mandates. (d) In the case of a tax or an assessment imposed or calculated upon the basis of total payroll, the professional employer organization shall be eligible to apply any small business allowance or exemption available to the client for the covered employees for purpose of computing the tax. (e) Except to the extent provided otherwise in the professional employer agreement with a client, a professional employer organization is not liable for the general debts, obligations, loss of profits, business goodwill or other consequential special or incidental damages of a client with which it has entered into a professional employer agreement. (f) This section applies to this state and local governmental entities. Acts 2012, ch. 1081, § 1.
(a) Covered employees whose services are subject to sales tax shall be deemed the employees of the client for purposes of collecting and levying sales tax on the services performed by the covered employee. Nothing contained in this chapter shall relieve a client of any sales tax liability with respect to its goods or services.
(b) Any tax or assessment imposed upon professional employer services or any business license or other fee which is based upon "gross receipts" shall allow a deduction from the gross income or receipts of the business derived from performing professional employer services that is equal to that portion of the fee charged to a client that represents the actual cost of wages and salaries, benefits, workers' compensation, payroll taxes, withholding or other assessments paid to or on behalf of a covered employee by the professional employer organization under a professional employer agreement.
(c) Any tax assessed or assessment or mandated expenditure on a per capita or per employee basis shall be assessed against the client for covered employees and against the professional employer organization for its employees who are not covered employees co-employed with a client. Benefits or monetary consideration that meet the requirements of mandates imposed on a client and that are received by covered employees through the professional employer organization either through payroll or through benefit plans sponsored by the professional employer organization shall be credited against the client's obligation to fulfill such mandates.
(d) In the case of a tax or an assessment imposed or calculated upon the basis of total payroll, the professional employer organization shall be eligible to apply any small business allowance or exemption available to the client for the covered employees for purpose of computing the tax.
(e) Except to the extent provided otherwise in the professional employer agreement with a client, a professional employer organization is not liable for the general debts, obligations, loss of profits, business goodwill or other consequential special or incidental damages of a client with which it has entered into a professional employer agreement.
(f) This section applies to this state and local governmental entities.
Acts 2012, ch. 1081, § 1.
Tenn. Code Ann. § 62-18-109 — TN Code / Title 62 / Chapter 18 / Section 62-18-109
Applications for registration
Status: in_force

(a) (1) The board shall consider and evaluate a land surveyor applicant's qualifications based on: (A) The applicant's educational, technical, and land surveying experience; (B) Exhibits of land surveying projects with which the applicant has been associated; (C) Recommendations and character references; and (D) The payment by the applicant of a fee set by the board in accordance with § 62-18-125 with the approval of the commissioner of commerce and insurance. (2) The board shall, if authorized under this part, issue a certificate of registration as a land surveyor to any person who submits evidence satisfactory to the board that the person is fully qualified to practice land surveying. (3) A land surveyor applicant's qualifications may be reviewed at an interview if the board determines the review is necessary. (4) The board shall make a determination on educational credit for institute courses, correspondence courses, and other courses. (5) A person is not eligible for registration who: (A) Does not have a high school education diploma or a general equivalency diploma (GED®); (B) Does not speak and write the English language; or (C) Is not of good character and repute. (b) The following shall be considered as the minimum evidence satisfactory to the board that the applicant meets the qualifications of a professional land surveyor: (1) To be certified as a professional land surveyor in training (PLSIT), an applicant must: (A) Make a complete application to the board; (B) Be of good character and reputation; (C) Submit three (3) character references to the board, one (1) of whom is a professional land surveyor; (D) Comply with the requirements of this part; (E) Pass the Fundamentals of Land Surveying examination; and (F) Satisfy one (1) of the following requirements related to education and experience: (i) Obtain a baccalaureate degree from a surveying or surveying technology curriculum of four (4) or more years, approved by the board; (ii) Obtain a baccalaureate degree from a science, engineering, or technology curriculum of four (4) or more years related to the practice of land surveying, approved by the board, with a minimum of twenty-four (24) semester hours of board-approved coursework in the surveying sciences; (iii) Obtain a baccalaureate degree from a non-surveying related curriculum of four (4) or more years, approved by the board, and an additional thirty-six (36) semester hours of board-approved coursework in the surveying sciences; (iv) Obtain an associate degree in surveying technology or a related science, engineering, or technical field, approved by the board, with a minimum of thirty (30) semester hours of board-approved coursework in the surveying sciences, and a record of four (4) years of progressive practical experience under the direct supervision of a practicing professional land surveyor; or (v) Obtain a high school education diploma or a general equivalency diploma (GED®) with a record satisfactory to the board of six (6) years of progressive practical experience under the direct supervision of a practicing professional land surveyor; (2) To be licensed as a professional land surveyor, an applicant must: (A) Make a complete application to the board; (B) Be of good character and reputation; (C) Submit five (5) character references to the board, three (3) of whom are professional land surveyors or individuals approved by the board and who have personal knowledge of the applicant's land surveying experience; (D) Pass the Principles and Practice of Land Surveying (PS) examination and the Tennessee State Jurisdictional examination; and (E) Satisfy one (1) of the following requirements: (i) Obtain a baccalaureate degree from a surveying or surveying technology curriculum of four (4) or more years, approved by the board, obtain the PLSIT certification, and obtain a record satisfactory to the board of no less than a total of two (2) years of progressive practical experience. The progressive practical experience must have been obtained while in the responsible charge of duties performed under a practicing professional land surveyor; (ii) Obtain a baccalaureate degree from a science, engineering, or technology curriculum of four (4) or more years related to the practice of land surveying, approved by the board, with a minimum of twenty-four (24) semester hours of board-approved coursework in the surveying sciences, obtain the PLSIT certification, and obtain a record satisfactory to the board of no less than a total of two (2) years of progressive practical experience. The progressive practical experience must have been obtained while in the responsible charge of duties performed under a practicing professional land surveyor; (iii) Obtain a baccalaureate degree from a non-surveying related curriculum of four (4) or more years, approved by the board, with a minimum of thirty-six (36) semester hours of board-approved coursework in the surveying sciences, obtain the PLSIT certification, and obtain a record satisfactory to the board of no less than a total of two (2) years of progressive practical experience. The progressive practical experience must have been obtained while in the responsible charge of duties performed under a practicing professional land surveyor; (iv) Obtain an associate degree in surveying technology or a related science, engineering, or technical field, approved by the board, with a minimum of thirty (30) semester hours of board-approved coursework in the surveying sciences, obtain the PLSIT certification, and obtain a record satisfactory to the board of no less than a total of six (6) years of progressive practical experience. The progressive practical experience must have been obtained while in the responsible charge of duties performed under a practicing professional land surveyor; or (v) Obtain a high school education diploma or a general equivalency diploma (GED®) with a minimum of eighteen (18) hours of board-approved coursework in the surveying sciences, obtain the PLSIT certification and obtain a record satisfactory to the board of no less than a total of ten (10) years of progressive practical experience. The progressive practical experience shall have been obtained while in the responsible charge of duties performed under a practicing professional land surveyor. Amended by 2024 Tenn. Acts, ch. 650,s 1, eff. 4/4/2024. Amended by 2023 Tenn. Acts, ch. 114, s 47, eff. 7/1/2023. Amended by 2014 Tenn. Acts, ch. 714, s 1, eff. 4/16/2014. Acts 1969, ch. 207, § 9; 1972, ch. 578, § 2; 1977, ch. 182, § 1; T.C.A., § 62-1809; Acts 1983, ch. 257, § 4; 1985, ch. 147, §§ 1-3; 1986, ch. 545, §§ 1, 2; 1997 , ch. 270, §§ 1-3.
(a) (1) The board shall consider and evaluate a land surveyor applicant's qualifications based on: (A) The applicant's educational, technical, and land surveying experience; (B) Exhibits of land surveying projects with which the applicant has been associated; (C) Recommendations and character references; and (D) The payment by the applicant of a fee set by the board in accordance with § 62-18-125 with the approval of the commissioner of commerce and insurance. (2) The board shall, if authorized under this part, issue a certificate of registration as a land surveyor to any person who submits evidence satisfactory to the board that the person is fully qualified to practice land surveying. (3) A land surveyor applicant's qualifications may be reviewed at an interview if the board determines the review is necessary. (4) The board shall make a determination on educational credit for institute courses, correspondence courses, and other courses. (5) A person is not eligible for registration who: (A) Does not have a high school education diploma or a general equivalency diploma (GED®); (B) Does not speak and write the English language; or (C) Is not of good character and repute.
(1) The board shall consider and evaluate a land surveyor applicant's qualifications based on: (A) The applicant's educational, technical, and land surveying experience; (B) Exhibits of land surveying projects with which the applicant has been associated; (C) Recommendations and character references; and (D) The payment by the applicant of a fee set by the board in accordance with § 62-18-125 with the approval of the commissioner of commerce and insurance.
(A) The applicant's educational, technical, and land surveying experience;
(B) Exhibits of land surveying projects with which the applicant has been associated;
(C) Recommendations and character references; and
(D) The payment by the applicant of a fee set by the board in accordance with § 62-18-125 with the approval of the commissioner of commerce and insurance.
(2) The board shall, if authorized under this part, issue a certificate of registration as a land surveyor to any person who submits evidence satisfactory to the board that the person is fully qualified to practice land surveying.
(3) A land surveyor applicant's qualifications may be reviewed at an interview if the board determines the review is necessary.
(4) The board shall make a determination on educational credit for institute courses, correspondence courses, and other courses.
(5) A person is not eligible for registration who: (A) Does not have a high school education diploma or a general equivalency diploma (GED®); (B) Does not speak and write the English language; or (C) Is not of good character and repute.
(A) Does not have a high school education diploma or a general equivalency diploma (GED®);
(B) Does not speak and write the English language; or
(C) Is not of good character and repute.
(b) The following shall be considered as the minimum evidence satisfactory to the board that the applicant meets the qualifications of a professional land surveyor: (1) To be certified as a professional land surveyor in training (PLSIT), an applicant must: (A) Make a complete application to the board; (B) Be of good character and reputation; (C) Submit three (3) character references to the board, one (1) of whom is a professional land surveyor; (D) Comply with the requirements of this part; (E) Pass the Fundamentals of Land Surveying examination; and (F) Satisfy one (1) of the following requirements related to education and experience: (i) Obtain a baccalaureate degree from a surveying or surveying technology curriculum of four (4) or more years, approved by the board; (ii) Obtain a baccalaureate degree from a science, engineering, or technology curriculum of four (4) or more years related to the practice of land surveying, approved by the board, with a minimum of twenty-four (24) semester hours of board-approved coursework in the surveying sciences; (iii) Obtain a baccalaureate degree from a non-surveying related curriculum of four (4) or more years, approved by the board, and an additional thirty-six (36) semester hours of board-approved coursework in the surveying sciences; (iv) Obtain an associate degree in surveying technology or a related science, engineering, or technical field, approved by the board, with a minimum of thirty (30) semester hours of board-approved coursework in the surveying sciences, and a record of four (4) years of progressive practical experience under the direct supervision of a practicing professional land surveyor; or (v) Obtain a high school education diploma or a general equivalency diploma (GED®) with a record satisfactory to the board of six (6) years of progressive practical experience under the direct supervision of a practicing professional land surveyor; (2) To be licensed as a professional land surveyor, an applicant must: (A) Make a complete application to the board; (B) Be of good character and reputation; (C) Submit five (5) character references to the board, three (3) of whom are professional land surveyors or individuals approved by the board and who have personal knowledge of the applicant's land surveying experience; (D) Pass the Principles and Practice of Land Surveying (PS) examination and the Tennessee State Jurisdictional examination; and (E) Satisfy one (1) of the following requirements: (i) Obtain a baccalaureate degree from a surveying or surveying technology curriculum of four (4) or more years, approved by the board, obtain the PLSIT certification, and obtain a record satisfactory to the board of no less than a total of two (2) years of progressive practical experience. The progressive practical experience must have been obtained while in the responsible charge of duties performed under a practicing professional land surveyor; (ii) Obtain a baccalaureate degree from a science, engineering, or technology curriculum of four (4) or more years related to the practice of land surveying, approved by the board, with a minimum of twenty-four (24) semester hours of board-approved coursework in the surveying sciences, obtain the PLSIT certification, and obtain a record satisfactory to the board of no less than a total of two (2) years of progressive practical experience. The progressive practical experience must have been obtained while in the responsible charge of duties performed under a practicing professional land surveyor; (iii) Obtain a baccalaureate degree from a non-surveying related curriculum of four (4) or more years, approved by the board, with a minimum of thirty-six (36) semester hours of board-approved coursework in the surveying sciences, obtain the PLSIT certification, and obtain a record satisfactory to the board of no less than a total of two (2) years of progressive practical experience. The progressive practical experience must have been obtained while in the responsible charge of duties performed under a practicing professional land surveyor; (iv) Obtain an associate degree in surveying technology or a related science, engineering, or technical field, approved by the board, with a minimum of thirty (30) semester hours of board-approved coursework in the surveying sciences, obtain the PLSIT certification, and obtain a record satisfactory to the board of no less than a total of six (6) years of progressive practical experience. The progressive practical experience must have been obtained while in the responsible charge of duties performed under a practicing professional land surveyor; or (v) Obtain a high school education diploma or a general equivalency diploma (GED®) with a minimum of eighteen (18) hours of board-approved coursework in the surveying sciences, obtain the PLSIT certification and obtain a record satisfactory to the board of no less than a total of ten (10) years of progressive practical experience. The progressive practical experience shall have been obtained while in the responsible charge of duties performed under a practicing professional land surveyor.
(1) To be certified as a professional land surveyor in training (PLSIT), an applicant must: (A) Make a complete application to the board; (B) Be of good character and reputation; (C) Submit three (3) character references to the board, one (1) of whom is a professional land surveyor; (D) Comply with the requirements of this part; (E) Pass the Fundamentals of Land Surveying examination; and (F) Satisfy one (1) of the following requirements related to education and experience: (i) Obtain a baccalaureate degree from a surveying or surveying technology curriculum of four (4) or more years, approved by the board; (ii) Obtain a baccalaureate degree from a science, engineering, or technology curriculum of four (4) or more years related to the practice of land surveying, approved by the board, with a minimum of twenty-four (24) semester hours of board-approved coursework in the surveying sciences; (iii) Obtain a baccalaureate degree from a non-surveying related curriculum of four (4) or more years, approved by the board, and an additional thirty-six (36) semester hours of board-approved coursework in the surveying sciences; (iv) Obtain an associate degree in surveying technology or a related science, engineering, or technical field, approved by the board, with a minimum of thirty (30) semester hours of board-approved coursework in the surveying sciences, and a record of four (4) years of progressive practical experience under the direct supervision of a practicing professional land surveyor; or (v) Obtain a high school education diploma or a general equivalency diploma (GED®) with a record satisfactory to the board of six (6) years of progressive practical experience under the direct supervision of a practicing professional land surveyor;
(A) Make a complete application to the board;
(B) Be of good character and reputation;
(C) Submit three (3) character references to the board, one (1) of whom is a professional land surveyor;
(D) Comply with the requirements of this part;
(E) Pass the Fundamentals of Land Surveying examination; and
(F) Satisfy one (1) of the following requirements related to education and experience: (i) Obtain a baccalaureate degree from a surveying or surveying technology curriculum of four (4) or more years, approved by the board; (ii) Obtain a baccalaureate degree from a science, engineering, or technology curriculum of four (4) or more years related to the practice of land surveying, approved by the board, with a minimum of twenty-four (24) semester hours of board-approved coursework in the surveying sciences; (iii) Obtain a baccalaureate degree from a non-surveying related curriculum of four (4) or more years, approved by the board, and an additional thirty-six (36) semester hours of board-approved coursework in the surveying sciences; (iv) Obtain an associate degree in surveying technology or a related science, engineering, or technical field, approved by the board, with a minimum of thirty (30) semester hours of board-approved coursework in the surveying sciences, and a record of four (4) years of progressive practical experience under the direct supervision of a practicing professional land surveyor; or (v) Obtain a high school education diploma or a general equivalency diploma (GED®) with a record satisfactory to the board of six (6) years of progressive practical experience under the direct supervision of a practicing professional land surveyor;
(i) Obtain a baccalaureate degree from a surveying or surveying technology curriculum of four (4) or more years, approved by the board;
(ii) Obtain a baccalaureate degree from a science, engineering, or technology curriculum of four (4) or more years related to the practice of land surveying, approved by the board, with a minimum of twenty-four (24) semester hours of board-approved coursework in the surveying sciences;
(iii) Obtain a baccalaureate degree from a non-surveying related curriculum of four (4) or more years, approved by the board, and an additional thirty-six (36) semester hours of board-approved coursework in the surveying sciences;
(iv) Obtain an associate degree in surveying technology or a related science, engineering, or technical field, approved by the board, with a minimum of thirty (30) semester hours of board-approved coursework in the surveying sciences, and a record of four (4) years of progressive practical experience under the direct supervision of a practicing professional land surveyor; or
(v) Obtain a high school education diploma or a general equivalency diploma (GED®) with a record satisfactory to the board of six (6) years of progressive practical experience under the direct supervision of a practicing professional land surveyor;
(2) To be licensed as a professional land surveyor, an applicant must: (A) Make a complete application to the board; (B) Be of good character and reputation; (C) Submit five (5) character references to the board, three (3) of whom are professional land surveyors or individuals approved by the board and who have personal knowledge of the applicant's land surveying experience; (D) Pass the Principles and Practice of Land Surveying (PS) examination and the Tennessee State Jurisdictional examination; and (E) Satisfy one (1) of the following requirements: (i) Obtain a baccalaureate degree from a surveying or surveying technology curriculum of four (4) or more years, approved by the board, obtain the PLSIT certification, and obtain a record satisfactory to the board of no less than a total of two (2) years of progressive practical experience. The progressive practical experience must have been obtained while in the responsible charge of duties performed under a practicing professional land surveyor; (ii) Obtain a baccalaureate degree from a science, engineering, or technology curriculum of four (4) or more years related to the practice of land surveying, approved by the board, with a minimum of twenty-four (24) semester hours of board-approved coursework in the surveying sciences, obtain the PLSIT certification, and obtain a record satisfactory to the board of no less than a total of two (2) years of progressive practical experience. The progressive practical experience must have been obtained while in the responsible charge of duties performed under a practicing professional land surveyor; (iii) Obtain a baccalaureate degree from a non-surveying related curriculum of four (4) or more years, approved by the board, with a minimum of thirty-six (36) semester hours of board-approved coursework in the surveying sciences, obtain the PLSIT certification, and obtain a record satisfactory to the board of no less than a total of two (2) years of progressive practical experience. The progressive practical experience must have been obtained while in the responsible charge of duties performed under a practicing professional land surveyor; (iv) Obtain an associate degree in surveying technology or a related science, engineering, or technical field, approved by the board, with a minimum of thirty (30) semester hours of board-approved coursework in the surveying sciences, obtain the PLSIT certification, and obtain a record satisfactory to the board of no less than a total of six (6) years of progressive practical experience. The progressive practical experience must have been obtained while in the responsible charge of duties performed under a practicing professional land surveyor; or (v) Obtain a high school education diploma or a general equivalency diploma (GED®) with a minimum of eighteen (18) hours of board-approved coursework in the surveying sciences, obtain the PLSIT certification and obtain a record satisfactory to the board of no less than a total of ten (10) years of progressive practical experience. The progressive practical experience shall have been obtained while in the responsible charge of duties performed under a practicing professional land surveyor.
(A) Make a complete application to the board;
(B) Be of good character and reputation;
(C) Submit five (5) character references to the board, three (3) of whom are professional land surveyors or individuals approved by the board and who have personal knowledge of the applicant's land surveying experience;
(D) Pass the Principles and Practice of Land Surveying (PS) examination and the Tennessee State Jurisdictional examination; and
(E) Satisfy one (1) of the following requirements: (i) Obtain a baccalaureate degree from a surveying or surveying technology curriculum of four (4) or more years, approved by the board, obtain the PLSIT certification, and obtain a record satisfactory to the board of no less than a total of two (2) years of progressive practical experience. The progressive practical experience must have been obtained while in the responsible charge of duties performed under a practicing professional land surveyor; (ii) Obtain a baccalaureate degree from a science, engineering, or technology curriculum of four (4) or more years related to the practice of land surveying, approved by the board, with a minimum of twenty-four (24) semester hours of board-approved coursework in the surveying sciences, obtain the PLSIT certification, and obtain a record satisfactory to the board of no less than a total of two (2) years of progressive practical experience. The progressive practical experience must have been obtained while in the responsible charge of duties performed under a practicing professional land surveyor; (iii) Obtain a baccalaureate degree from a non-surveying related curriculum of four (4) or more years, approved by the board, with a minimum of thirty-six (36) semester hours of board-approved coursework in the surveying sciences, obtain the PLSIT certification, and obtain a record satisfactory to the board of no less than a total of two (2) years of progressive practical experience. The progressive practical experience must have been obtained while in the responsible charge of duties performed under a practicing professional land surveyor; (iv) Obtain an associate degree in surveying technology or a related science, engineering, or technical field, approved by the board, with a minimum of thirty (30) semester hours of board-approved coursework in the surveying sciences, obtain the PLSIT certification, and obtain a record satisfactory to the board of no less than a total of six (6) years of progressive practical experience. The progressive practical experience must have been obtained while in the responsible charge of duties performed under a practicing professional land surveyor; or (v) Obtain a high school education diploma or a general equivalency diploma (GED®) with a minimum of eighteen (18) hours of board-approved coursework in the surveying sciences, obtain the PLSIT certification and obtain a record satisfactory to the board of no less than a total of ten (10) years of progressive practical experience. The progressive practical experience shall have been obtained while in the responsible charge of duties performed under a practicing professional land surveyor.
(i) Obtain a baccalaureate degree from a surveying or surveying technology curriculum of four (4) or more years, approved by the board, obtain the PLSIT certification, and obtain a record satisfactory to the board of no less than a total of two (2) years of progressive practical experience. The progressive practical experience must have been obtained while in the responsible charge of duties performed under a practicing professional land surveyor;
(ii) Obtain a baccalaureate degree from a science, engineering, or technology curriculum of four (4) or more years related to the practice of land surveying, approved by the board, with a minimum of twenty-four (24) semester hours of board-approved coursework in the surveying sciences, obtain the PLSIT certification, and obtain a record satisfactory to the board of no less than a total of two (2) years of progressive practical experience. The progressive practical experience must have been obtained while in the responsible charge of duties performed under a practicing professional land surveyor;
(iii) Obtain a baccalaureate degree from a non-surveying related curriculum of four (4) or more years, approved by the board, with a minimum of thirty-six (36) semester hours of board-approved coursework in the surveying sciences, obtain the PLSIT certification, and obtain a record satisfactory to the board of no less than a total of two (2) years of progressive practical experience. The progressive practical experience must have been obtained while in the responsible charge of duties performed under a practicing professional land surveyor;
(iv) Obtain an associate degree in surveying technology or a related science, engineering, or technical field, approved by the board, with a minimum of thirty (30) semester hours of board-approved coursework in the surveying sciences, obtain the PLSIT certification, and obtain a record satisfactory to the board of no less than a total of six (6) years of progressive practical experience. The progressive practical experience must have been obtained while in the responsible charge of duties performed under a practicing professional land surveyor; or
(v) Obtain a high school education diploma or a general equivalency diploma (GED®) with a minimum of eighteen (18) hours of board-approved coursework in the surveying sciences, obtain the PLSIT certification and obtain a record satisfactory to the board of no less than a total of ten (10) years of progressive practical experience. The progressive practical experience shall have been obtained while in the responsible charge of duties performed under a practicing professional land surveyor.
Amended by 2024 Tenn. Acts, ch. 650,s 1, eff. 4/4/2024.
Amended by 2023 Tenn. Acts, ch. 114, s 47, eff. 7/1/2023.
Amended by 2014 Tenn. Acts, ch. 714, s 1, eff. 4/16/2014.
Acts 1969, ch. 207, § 9; 1972, ch. 578, § 2; 1977, ch. 182, § 1; T.C.A., § 62-1809; Acts 1983, ch. 257, § 4; 1985, ch. 147, §§ 1-3; 1986, ch. 545, §§ 1, 2; 1997 , ch. 270, §§ 1-3.
Tenn. Code Ann. § 62-39-331 — TN Code / Title 62 / Chapter 39 / Section 62-39-331
Certain contingent fees prohibited - Exception
Status: in_force

(a) A state licensed or certified real estate appraiser may not accept a fee for an appraisal assignment that is contingent upon the appraiser reporting a predetermined estimate, analysis or opinion or is contingent upon the opinion, conclusion or valuation reached or upon the consequences resulting from the appraisal assignment. (b) A state licensed or certified real estate appraiser who enters into an agreement to perform specialized services may be paid a fixed fee or a fee that is contingent on the results achieved by the specialized services. Acts 1990, ch. 865, § 40.
(a) A state licensed or certified real estate appraiser may not accept a fee for an appraisal assignment that is contingent upon the appraiser reporting a predetermined estimate, analysis or opinion or is contingent upon the opinion, conclusion or valuation reached or upon the consequences resulting from the appraisal assignment.
(b) A state licensed or certified real estate appraiser who enters into an agreement to perform specialized services may be paid a fixed fee or a fee that is contingent on the results achieved by the specialized services.
Acts 1990, ch. 865, § 40.
Tenn. Code Ann. § 62-4-121 — TN Code / Title 62 / Chapter 4 / Section 62-4-121
License to operate a school
Status: in_force

(a) A license to operate a school shall expire on September 1 of each year. An application for renewal of the license shall be accompanied by satisfactory proof that the applicant continues to meet the requirements of § 62-4-120(c) . (b) No renewal application shall be accepted after September 30 following the expiration date of a license to operate a school; however, the board may, in its discretion, reinstate a former licensee upon proper application accompanied by all past unpaid renewal fees, the fee for the current year, and a surcharge for processing the application. (c) The board shall promulgate rules pursuant to its authority in § 62-4-112 to establish: (1) An annual fee for the renewal of a license to operate a school; (2) A penalty fee to be assessed on any renewal application postmarked after the expiration date of the license; and (3) The amount of the surcharge required pursuant to subsection (b). Amended by 2015 Tenn. Acts, ch. 402, s 29, eff. 7/1/2015. Amended by 2014 Tenn. Acts, ch. 863, s 2, eff. 5/1/2014. Acts 1986, ch. 817, § 21; 1992, ch. 968, § 6. See 2014 Tenn. Acts, ch. 863, s 5.
(a) A license to operate a school shall expire on September 1 of each year. An application for renewal of the license shall be accompanied by satisfactory proof that the applicant continues to meet the requirements of § 62-4-120(c) .
(b) No renewal application shall be accepted after September 30 following the expiration date of a license to operate a school; however, the board may, in its discretion, reinstate a former licensee upon proper application accompanied by all past unpaid renewal fees, the fee for the current year, and a surcharge for processing the application.
(c) The board shall promulgate rules pursuant to its authority in § 62-4-112 to establish: (1) An annual fee for the renewal of a license to operate a school; (2) A penalty fee to be assessed on any renewal application postmarked after the expiration date of the license; and (3) The amount of the surcharge required pursuant to subsection (b).
(1) An annual fee for the renewal of a license to operate a school;
(2) A penalty fee to be assessed on any renewal application postmarked after the expiration date of the license; and
(3) The amount of the surcharge required pursuant to subsection (b).
Amended by 2015 Tenn. Acts, ch. 402, s 29, eff. 7/1/2015.
Amended by 2014 Tenn. Acts, ch. 863, s 2, eff. 5/1/2014.
Acts 1986, ch. 817, § 21; 1992, ch. 968, § 6.
See 2014 Tenn. Acts, ch. 863, s 5.
Tenn. Code Ann. § 62-30-105 — TN Code / Title 62 / Chapter 30 / Section 62-30-105
Administration by chief of police in certain counties
Status: in_force

In any county having a metropolitan form of government and a population of more than one hundred thousand (100,000), according to the 1990 federal census or any subsequent federal census, the chief of police shall have full responsibility to administer this chapter in that county. Acts 1983, ch. 482, § 6; 2001, ch. 228, § 2.
In any county having a metropolitan form of government and a population of more than one hundred thousand (100,000), according to the 1990 federal census or any subsequent federal census, the chief of police shall have full responsibility to administer this chapter in that county.
Acts 1983, ch. 482, § 6; 2001, ch. 228, § 2.
Tenn. Code Ann. § 62-4-123 — TN Code / Title 62 / Chapter 4 / Section 62-4-123
Time period for completion of coursework
Status: in_force

A student shall have seven (7) years from the date the student originally enrolls in a school to complete the required courses and number of hours required when the student originally enrolls. If the student fails to complete the course of instruction within that time period, the board may require the student to complete additional courses or attain additional number of hours prior to issuing a license to the person. Acts 1986, ch. 817, § 23; 1996, ch. 897, § 16.
A student shall have seven (7) years from the date the student originally enrolls in a school to complete the required courses and number of hours required when the student originally enrolls. If the student fails to complete the course of instruction within that time period, the board may require the student to complete additional courses or attain additional number of hours prior to issuing a license to the person.
Acts 1986, ch. 817, § 23; 1996, ch. 897, § 16.
Tenn. Code Ann. § 62-40-102 — TN Code / Title 62 / Chapter 40 / Section 62-40-102
Limitation on government prohibiting or restricting practice of industrial hygiene
Status: in_force

Notwithstanding any law to the contrary, no entity of state government shall by rule prohibit or restrict a qualified industrial hygienist who complies with the provisions established by or pursuant to this chapter from engaging in the practice of industrial hygiene. Acts 1992, ch. 624, § 1.
Notwithstanding any law to the contrary, no entity of state government shall by rule prohibit or restrict a qualified industrial hygienist who complies with the provisions established by or pursuant to this chapter from engaging in the practice of industrial hygiene.
Acts 1992, ch. 624, § 1.
Tenn. Code Ann. § 62-35-142 — TN Code / Title 62 / Chapter 35 / Section 62-35-142
Private protective services in a restaurant licensed to sell alcohol
Status: in_force

(a) (1) Each licensee shall submit to the local law enforcement agency of any jurisdiction in which the licensee provides services for a restaurant, as defined in § 57-4-102 , licensed to serve alcoholic beverages, wine or beer for consumption on the premises, a form promulgated by the commissioner notifying the local law enforcement agency that the licensee provides services within the agency's jurisdiction. The form shall include the name, license number and armed or unarmed status of each security guard/officer providing services for compensation to the licensee and the name and location of the licensee's clients within the agency's jurisdiction. (2) Any licensee providing services for a restaurant, as defined in § 57-4-102 , licensed to serve alcoholic beverages, wine or beer for consumption on the premises on January 1, 2010, shall submit the form required by this section to any applicable agency within fifteen (15) days of January 1, 2010. Otherwise, the licensee shall submit the form within fifteen (15) days of the date the licensee commences offering services in an agency's jurisdiction. The licensee shall ensure that the information submitted to the local law enforcement agency is kept current and shall notify the local law enforcement agency in writing of the substance of any change within fifteen (15) days of the date of the event necessitating the change. (b) Any local law enforcement agency that has knowledge of a violation of this section or this chapter shall notify the commissioner. The commissioner shall communicate in writing to the local law enforcement agency any action taken in response to the notification. (c) For purposes of this section, "local law enforcement agency" means: (1) Within the territory of a municipality, the municipal police department; (2) Within the territory of a county having a metropolitan form of government, the metropolitan police department; or (3) Within the unincorporated territory of a county, the sheriff's office. (d) The commissioner of commerce and insurance is authorized to promulgate rules to effectuate the purposes of this section. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Amended by 2020 Tenn. Acts, ch. 580, s 10, eff. 7/1/2020. Acts 2009 , ch. 465, §§ 1, 2.
(a) (1) Each licensee shall submit to the local law enforcement agency of any jurisdiction in which the licensee provides services for a restaurant, as defined in § 57-4-102 , licensed to serve alcoholic beverages, wine or beer for consumption on the premises, a form promulgated by the commissioner notifying the local law enforcement agency that the licensee provides services within the agency's jurisdiction. The form shall include the name, license number and armed or unarmed status of each security guard/officer providing services for compensation to the licensee and the name and location of the licensee's clients within the agency's jurisdiction. (2) Any licensee providing services for a restaurant, as defined in § 57-4-102 , licensed to serve alcoholic beverages, wine or beer for consumption on the premises on January 1, 2010, shall submit the form required by this section to any applicable agency within fifteen (15) days of January 1, 2010. Otherwise, the licensee shall submit the form within fifteen (15) days of the date the licensee commences offering services in an agency's jurisdiction. The licensee shall ensure that the information submitted to the local law enforcement agency is kept current and shall notify the local law enforcement agency in writing of the substance of any change within fifteen (15) days of the date of the event necessitating the change.
(1) Each licensee shall submit to the local law enforcement agency of any jurisdiction in which the licensee provides services for a restaurant, as defined in § 57-4-102 , licensed to serve alcoholic beverages, wine or beer for consumption on the premises, a form promulgated by the commissioner notifying the local law enforcement agency that the licensee provides services within the agency's jurisdiction. The form shall include the name, license number and armed or unarmed status of each security guard/officer providing services for compensation to the licensee and the name and location of the licensee's clients within the agency's jurisdiction.
(2) Any licensee providing services for a restaurant, as defined in § 57-4-102 , licensed to serve alcoholic beverages, wine or beer for consumption on the premises on January 1, 2010, shall submit the form required by this section to any applicable agency within fifteen (15) days of January 1, 2010. Otherwise, the licensee shall submit the form within fifteen (15) days of the date the licensee commences offering services in an agency's jurisdiction. The licensee shall ensure that the information submitted to the local law enforcement agency is kept current and shall notify the local law enforcement agency in writing of the substance of any change within fifteen (15) days of the date of the event necessitating the change.
(b) Any local law enforcement agency that has knowledge of a violation of this section or this chapter shall notify the commissioner. The commissioner shall communicate in writing to the local law enforcement agency any action taken in response to the notification.
(c) For purposes of this section, "local law enforcement agency" means: (1) Within the territory of a municipality, the municipal police department; (2) Within the territory of a county having a metropolitan form of government, the metropolitan police department; or (3) Within the unincorporated territory of a county, the sheriff's office.
(1) Within the territory of a municipality, the municipal police department;
(2) Within the territory of a county having a metropolitan form of government, the metropolitan police department; or
(3) Within the unincorporated territory of a county, the sheriff's office.
(d) The commissioner of commerce and insurance is authorized to promulgate rules to effectuate the purposes of this section. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Amended by 2020 Tenn. Acts, ch. 580, s 10, eff. 7/1/2020.
Acts 2009 , ch. 465, §§ 1, 2.
Tenn. Code Ann. § 62-39-424 — TN Code / Title 62 / Chapter 39 / Section 62-39-424
Removal of an appraiser from appraiser panel
Status: in_force

(a) An appraisal management company may not remove an appraiser from its appraiser panel, or otherwise refuse to assign requests for real estate appraisal services to an appraiser without: (1) Notifying the appraiser in writing of the reasons why the appraiser is being removed from the appraiser panel of the appraisal management company; (2) If the appraiser is being removed from the panel for illegal conduct, violation of the USPAP, or a violation of state licensing standards, describing the nature of the alleged conduct or violation; and (3) Providing an opportunity for the appraiser to respond to the notification of the appraisal management company. (b) An appraiser who is removed from the appraiser panel of an appraisal management company for alleged illegal conduct, violation of the USPAP, or violation of state licensing standards, may file a complaint with the commission for a review of the decision of the appraisal management company, except that in no case shall the commission make any determination regarding the nature of the business relationship between the appraiser and the appraisal management company which is unrelated to the actions specified in subsection (a). (c) If after notice and an opportunity for hearing and review, the commission determines that an appraiser did not commit a violation of law, a violation of the USPAP, or a violation of state licensing standards, the commission shall order that such appraiser be added to the appraiser panel of the appraisal management company. (d) If the commission has found that the appraisal management company acted improperly in removing the appraiser from the appraiser panel, an appraisal management company may not refuse to make assignments for real estate appraisal services to an appraiser, or reduce the number of assignments, or otherwise penalize the appraiser. Amended by 2020 Tenn. Acts, ch. 579, s 2, eff. 7/1/2020. Acts 2010 , ch. 963, § 25.
(a) An appraisal management company may not remove an appraiser from its appraiser panel, or otherwise refuse to assign requests for real estate appraisal services to an appraiser without: (1) Notifying the appraiser in writing of the reasons why the appraiser is being removed from the appraiser panel of the appraisal management company; (2) If the appraiser is being removed from the panel for illegal conduct, violation of the USPAP, or a violation of state licensing standards, describing the nature of the alleged conduct or violation; and (3) Providing an opportunity for the appraiser to respond to the notification of the appraisal management company.
(1) Notifying the appraiser in writing of the reasons why the appraiser is being removed from the appraiser panel of the appraisal management company;
(2) If the appraiser is being removed from the panel for illegal conduct, violation of the USPAP, or a violation of state licensing standards, describing the nature of the alleged conduct or violation; and
(3) Providing an opportunity for the appraiser to respond to the notification of the appraisal management company.
(b) An appraiser who is removed from the appraiser panel of an appraisal management company for alleged illegal conduct, violation of the USPAP, or violation of state licensing standards, may file a complaint with the commission for a review of the decision of the appraisal management company, except that in no case shall the commission make any determination regarding the nature of the business relationship between the appraiser and the appraisal management company which is unrelated to the actions specified in subsection (a).
(c) If after notice and an opportunity for hearing and review, the commission determines that an appraiser did not commit a violation of law, a violation of the USPAP, or a violation of state licensing standards, the commission shall order that such appraiser be added to the appraiser panel of the appraisal management company.
(d) If the commission has found that the appraisal management company acted improperly in removing the appraiser from the appraiser panel, an appraisal management company may not refuse to make assignments for real estate appraisal services to an appraiser, or reduce the number of assignments, or otherwise penalize the appraiser.
Amended by 2020 Tenn. Acts, ch. 579, s 2, eff. 7/1/2020.
Acts 2010 , ch. 963, § 25.
Tenn. Code Ann. § 62-26-206 — TN Code / Title 62 / Chapter 26 / Section 62-26-206
Investigations company license - Applicants - Requirements
Status: in_force

(a) On and after July 1, 2009, each individual applicant, or, if the applicant is a partnership, each partner, or, if the applicant is a corporation, the qualifying agent, must: (1) Be at least twenty-one (21) years of age; (2) Be a citizen of the United States or a resident alien; (3) Not have been declared by any court of competent jurisdiction incompetent by reason of mental defect or disease unless a court of competent jurisdiction has since declared the applicant competent; (4) Not be suffering from habitual drunkenness or narcotics addiction or dependence; (5) Be of good moral character; (6) Possess or employ at least one (1) person who possesses at least two thousand (2,000) hours of compensated, verifiable, investigative experience satisfactory to the commissioner or has one (1) year of applicable, related experience or education in a related area of study approved by the commissioner; and (7) Pass an examination to be administered at least twice annually by the commissioner, designed to measure knowledge and competence in the investigations company business. (b) Subdivision (a)(6) shall not apply to any person who has been issued an investigations company license prior to August 17, 2009, and such a license may continue to be renewed in accordance with this part or any rules and regulations in effect prior to July 1, 2009. Amended by 2021 Tenn. Acts, ch. 294, s 7, eff. 7/1/2021. Acts 1990, ch. 780, § 7; 1991, ch. 457, § 5; 1993, ch. 511, § 6; 2009 , ch. 595, §§ 1-3.
(a) On and after July 1, 2009, each individual applicant, or, if the applicant is a partnership, each partner, or, if the applicant is a corporation, the qualifying agent, must: (1) Be at least twenty-one (21) years of age; (2) Be a citizen of the United States or a resident alien; (3) Not have been declared by any court of competent jurisdiction incompetent by reason of mental defect or disease unless a court of competent jurisdiction has since declared the applicant competent; (4) Not be suffering from habitual drunkenness or narcotics addiction or dependence; (5) Be of good moral character; (6) Possess or employ at least one (1) person who possesses at least two thousand (2,000) hours of compensated, verifiable, investigative experience satisfactory to the commissioner or has one (1) year of applicable, related experience or education in a related area of study approved by the commissioner; and (7) Pass an examination to be administered at least twice annually by the commissioner, designed to measure knowledge and competence in the investigations company business.
(1) Be at least twenty-one (21) years of age;
(2) Be a citizen of the United States or a resident alien;
(3) Not have been declared by any court of competent jurisdiction incompetent by reason of mental defect or disease unless a court of competent jurisdiction has since declared the applicant competent;
(4) Not be suffering from habitual drunkenness or narcotics addiction or dependence;
(5) Be of good moral character;
(6) Possess or employ at least one (1) person who possesses at least two thousand (2,000) hours of compensated, verifiable, investigative experience satisfactory to the commissioner or has one (1) year of applicable, related experience or education in a related area of study approved by the commissioner; and
(7) Pass an examination to be administered at least twice annually by the commissioner, designed to measure knowledge and competence in the investigations company business.
(b) Subdivision (a)(6) shall not apply to any person who has been issued an investigations company license prior to August 17, 2009, and such a license may continue to be renewed in accordance with this part or any rules and regulations in effect prior to July 1, 2009.
Amended by 2021 Tenn. Acts, ch. 294, s 7, eff. 7/1/2021.
Acts 1990, ch. 780, § 7; 1991, ch. 457, § 5; 1993, ch. 511, § 6; 2009 , ch. 595, §§ 1-3.
Tenn. Code Ann. § 62-19-117 — TN Code / Title 62 / Chapter 19 / Section 62-19-117
Reciprocity - Service of process on nonresidents
Status: in_force

(a) A nonresident of this state may become an auctioneer or affiliate auctioneer in this state by conforming to this chapter, except that a nonresident auctioneer or affiliate auctioneer regularly engaged in the auction business as a vocation and maintaining a definite place of business in some other state is not required to maintain a place of business in this state. (b) (1) The commission may recognize a license issued by any other state to a nonresident auctioneer or affiliate auctioneer if the nonresident auctioneer or affiliate auctioneer is domiciled in the other state that issued the license, the other state reciprocates with this state in like manner and the licensure requirements of the other state include the passing of an examination of equal or higher standards than those required by this state. (2) The nonresident shall, however, be required to secure a license from the commission, which shall be issued upon application for the license, accompanied by the license fee required by this chapter and the filing of a certified copy of the applicant's license issued by the other state. (c) Every nonresident auctioneer shall maintain an escrow account for all funds belonging to others that come into the nonresident auctioneer's possession as a result of an auction sale in this state. (d) Every nonresident applicant shall file an irrevocable consent that suits and actions may be commenced against the applicant in the proper court in the county in this state in which a cause of action may arise, in which the plaintiff may reside, by service of any process or pleadings authorized by laws of this state on the commission, or a deputy to be designated by it, the consent stipulating and agreeing that the service of process or pleading shall be begun and held in all courts to be as valid and binding as if due service had been made upon the applicant in this state. The consent shall be duly acknowledged and, if made by a corporation, shall be authenticated by the seal of the corporation. (e) (1) In case of any process or pleadings mentioned in this chapter being served upon the commission or upon a deputy to be designated by it, duplicate copies shall be made, one (1) of which shall be filed in the office of the administrative director of the commission and the other immediately forwarded by registered mail to the main office of the applicant against which the process or pleadings are directed. (2) No default in the proceedings or action shall be taken unless it is made to appear by affidavit of a member of the commission or a deputy designated by it that a copy of the process or pleadings was mailed to defendant as required by this subsection (e). (3) No judgment by default shall be taken in any such action or proceedings within twenty (20) days after the date of the mailing of the process or pleadings to the nonresident defendant. (f) The Tennessee auctioneer commission has the authority to impose any fee or licensing requirements on applicants for licenses from a reciprocal state that the reciprocal state imposes on Tennessee licensees by rule, regulation, policy or law. Amended by 2019 Tenn. Acts, ch. 471, s 18, eff. 7/1/2019. Amended by 2019 Tenn. Acts, ch. 471, s 17, eff. 7/1/2019. Acts 1967, ch. 335, § 18; 1976, ch. 824, § 8; T.C.A., § 62-1918; Acts 1983, ch. 250, §15; 1987, ch. 62, § 3; 1990, ch. 1026, § 4; 1995, ch. 61, §1; 1997 , ch. 91, § 6; 1999, ch. 358, § 1.
(a) A nonresident of this state may become an auctioneer or affiliate auctioneer in this state by conforming to this chapter, except that a nonresident auctioneer or affiliate auctioneer regularly engaged in the auction business as a vocation and maintaining a definite place of business in some other state is not required to maintain a place of business in this state.
(b) (1) The commission may recognize a license issued by any other state to a nonresident auctioneer or affiliate auctioneer if the nonresident auctioneer or affiliate auctioneer is domiciled in the other state that issued the license, the other state reciprocates with this state in like manner and the licensure requirements of the other state include the passing of an examination of equal or higher standards than those required by this state. (2) The nonresident shall, however, be required to secure a license from the commission, which shall be issued upon application for the license, accompanied by the license fee required by this chapter and the filing of a certified copy of the applicant's license issued by the other state.
(1) The commission may recognize a license issued by any other state to a nonresident auctioneer or affiliate auctioneer if the nonresident auctioneer or affiliate auctioneer is domiciled in the other state that issued the license, the other state reciprocates with this state in like manner and the licensure requirements of the other state include the passing of an examination of equal or higher standards than those required by this state.
(2) The nonresident shall, however, be required to secure a license from the commission, which shall be issued upon application for the license, accompanied by the license fee required by this chapter and the filing of a certified copy of the applicant's license issued by the other state.
(c) Every nonresident auctioneer shall maintain an escrow account for all funds belonging to others that come into the nonresident auctioneer's possession as a result of an auction sale in this state.
(d) Every nonresident applicant shall file an irrevocable consent that suits and actions may be commenced against the applicant in the proper court in the county in this state in which a cause of action may arise, in which the plaintiff may reside, by service of any process or pleadings authorized by laws of this state on the commission, or a deputy to be designated by it, the consent stipulating and agreeing that the service of process or pleading shall be begun and held in all courts to be as valid and binding as if due service had been made upon the applicant in this state. The consent shall be duly acknowledged and, if made by a corporation, shall be authenticated by the seal of the corporation.
(e) (1) In case of any process or pleadings mentioned in this chapter being served upon the commission or upon a deputy to be designated by it, duplicate copies shall be made, one (1) of which shall be filed in the office of the administrative director of the commission and the other immediately forwarded by registered mail to the main office of the applicant against which the process or pleadings are directed. (2) No default in the proceedings or action shall be taken unless it is made to appear by affidavit of a member of the commission or a deputy designated by it that a copy of the process or pleadings was mailed to defendant as required by this subsection (e). (3) No judgment by default shall be taken in any such action or proceedings within twenty (20) days after the date of the mailing of the process or pleadings to the nonresident defendant.
(1) In case of any process or pleadings mentioned in this chapter being served upon the commission or upon a deputy to be designated by it, duplicate copies shall be made, one (1) of which shall be filed in the office of the administrative director of the commission and the other immediately forwarded by registered mail to the main office of the applicant against which the process or pleadings are directed.
(2) No default in the proceedings or action shall be taken unless it is made to appear by affidavit of a member of the commission or a deputy designated by it that a copy of the process or pleadings was mailed to defendant as required by this subsection (e).
(3) No judgment by default shall be taken in any such action or proceedings within twenty (20) days after the date of the mailing of the process or pleadings to the nonresident defendant.
(f) The Tennessee auctioneer commission has the authority to impose any fee or licensing requirements on applicants for licenses from a reciprocal state that the reciprocal state imposes on Tennessee licensees by rule, regulation, policy or law.
Amended by 2019 Tenn. Acts, ch. 471, s 18, eff. 7/1/2019.
Amended by 2019 Tenn. Acts, ch. 471, s 17, eff. 7/1/2019.
Acts 1967, ch. 335, § 18; 1976, ch. 824, § 8; T.C.A., § 62-1918; Acts 1983, ch. 250, §15; 1987, ch. 62, § 3; 1990, ch. 1026, § 4; 1995, ch. 61, §1; 1997 , ch. 91, § 6; 1999, ch. 358, § 1.
Tenn. Code Ann. § 62-38-208 — TN Code / Title 62 / Chapter 38 / Section 62-38-208
Violation for operating without a permit or with a revoked or suspended permit
Status: in_force

(a) Any person who does not obtain a permit as required in § 62-38-202 or whose permit has been revoked or suspended and who continues to tattoo or operate a tattoo establishment commits a Class B misdemeanor punishable only by a fine of five hundred dollars ($500). (b) Any suspension or revocation may be appealed to the local health officer who shall then conduct a hearing of the appeal in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The decision made by the local health officer concerning the appeal may be appealed to the commissioner, the appeal to the commissioner being limited to the issue of determining whether a material error of law was made at the hearing level. (c) The department is encouraged to utilize its existing resources to collaborate with local law enforcement to identify and assess administrative penalties against persons who violate this part. Acts 1996, ch. 1004, § 9; 1999, ch. 229, § 8; 2012 , ch. 981, § 4.
(a) Any person who does not obtain a permit as required in § 62-38-202 or whose permit has been revoked or suspended and who continues to tattoo or operate a tattoo establishment commits a Class B misdemeanor punishable only by a fine of five hundred dollars ($500).
(b) Any suspension or revocation may be appealed to the local health officer who shall then conduct a hearing of the appeal in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The decision made by the local health officer concerning the appeal may be appealed to the commissioner, the appeal to the commissioner being limited to the issue of determining whether a material error of law was made at the hearing level.
(c) The department is encouraged to utilize its existing resources to collaborate with local law enforcement to identify and assess administrative penalties against persons who violate this part.
Acts 1996, ch. 1004, § 9; 1999, ch. 229, § 8; 2012 , ch. 981, § 4.
Tenn. Code Ann. § 62-20-108 — TN Code / Title 62 / Chapter 20 / Section 62-20-108
Notice to board
Status: in_force

The board shall be promptly notified in writing of any change in address, management or ownership of a collection service business. Amended by 2013 Tenn. Acts, ch. 180, s 7, eff. 4/23/2013. Acts 1981, ch. 170, § 8; 1987, ch. 292, § 2; 1988, ch. 823, §§10-16; 1989, ch. 523, §§ 167, 168; 2001, ch. 130, §1; 2009 , ch. 279, § 7.
The board shall be promptly notified in writing of any change in address, management or ownership of a collection service business.
Amended by 2013 Tenn. Acts, ch. 180, s 7, eff. 4/23/2013.
Acts 1981, ch. 170, § 8; 1987, ch. 292, § 2; 1988, ch. 823, §§10-16; 1989, ch. 523, §§ 167, 168; 2001, ch. 130, §1; 2009 , ch. 279, § 7.
Tenn. Code Ann. § 62-38-306 — TN Code / Title 62 / Chapter 38 / Section 62-38-306
Age restrictions - Required records - Penalty for violations
Status: in_force

(a) (1) Unless consent has been given in accordance with § 62-38-305 , no individual who is under age eighteen (18) shall obtain or attempt to obtain a body piercing procedure. (2) No individual shall knowingly show or give false information concerning the individual's name, age or emancipation. (b) (1) No individual shall knowingly show or give any false information as to the name, age or other identification of an individual who is under age eighteen (18) for the purpose of obtaining for the individual under age eighteen (18) a body piercing procedure. (2) No individual shall impersonate the parent, legal guardian or legal custodian of an individual who is under age eighteen (18) for the purpose of obtaining for the individual under age eighteen (18) a body piercing procedure. (3) The operator shall require proof of age for any patron under the age of twenty-seven (27) and the operator shall retain a copy of the patron's proof of age documentation in the files of the business for a period of two (2) years from the time of the body piercing. (c) It is a Class C misdemeanor for a violation of subdivision (b)(2) by an individual over the age of seventeen (17) who impersonates a parent, legal guardian or legal custodian. Acts 2001, ch. 336, § 7.
(a) (1) Unless consent has been given in accordance with § 62-38-305 , no individual who is under age eighteen (18) shall obtain or attempt to obtain a body piercing procedure. (2) No individual shall knowingly show or give false information concerning the individual's name, age or emancipation.
(1) Unless consent has been given in accordance with § 62-38-305 , no individual who is under age eighteen (18) shall obtain or attempt to obtain a body piercing procedure.
(2) No individual shall knowingly show or give false information concerning the individual's name, age or emancipation.
(b) (1) No individual shall knowingly show or give any false information as to the name, age or other identification of an individual who is under age eighteen (18) for the purpose of obtaining for the individual under age eighteen (18) a body piercing procedure. (2) No individual shall impersonate the parent, legal guardian or legal custodian of an individual who is under age eighteen (18) for the purpose of obtaining for the individual under age eighteen (18) a body piercing procedure. (3) The operator shall require proof of age for any patron under the age of twenty-seven (27) and the operator shall retain a copy of the patron's proof of age documentation in the files of the business for a period of two (2) years from the time of the body piercing.
(1) No individual shall knowingly show or give any false information as to the name, age or other identification of an individual who is under age eighteen (18) for the purpose of obtaining for the individual under age eighteen (18) a body piercing procedure.
(2) No individual shall impersonate the parent, legal guardian or legal custodian of an individual who is under age eighteen (18) for the purpose of obtaining for the individual under age eighteen (18) a body piercing procedure.
(3) The operator shall require proof of age for any patron under the age of twenty-seven (27) and the operator shall retain a copy of the patron's proof of age documentation in the files of the business for a period of two (2) years from the time of the body piercing.
(c) It is a Class C misdemeanor for a violation of subdivision (b)(2) by an individual over the age of seventeen (17) who impersonates a parent, legal guardian or legal custodian.
Acts 2001, ch. 336, § 7.
Tenn. Code Ann. § 62-38-204 — TN Code / Title 62 / Chapter 38 / Section 62-38-204
Tattoo artist and operator registration, licensing and permits - Temporary and apprentice artists
Status: in_force

(a) No person shall engage in the practice of tattooing or act as a tattoo artist unless the person has registered as a tattoo artist with the department of health. A statewide tattoo artist license shall be issued and is transferable within this state to any studio holding a current studio certificate issued by a local health department. The department of health may, at its option, direct the local health department to act in its behalf in the application, examination and collection of funds concerning tattoo artist registration. (b) No holder of a studio permit issued under this part shall allow a tattoo artist to engage in tattooing unless the tattoo artist: (1) Has attained eighteen (18) years of age; (2) Currently holds a tattoo artist license; and (3) Either has a fourteen-day temporary permit or has an apprentice artist license. (c) Any person desiring to engage in the practice of tattooing shall submit an application to the department of health or its designee. There shall be three (3) types of tattoo artist licenses: tattoo artist, apprentice artist and temporary artist. All tattoo artist and apprentice artist registrations shall expire on December 31 of each year. A tattoo artist, apprentice artist and temporary artist shall pay an annual fee of one hundred forty dollars ($140). (d) All tattooing shall be under the auspices of a tattoo studio holding a current studio certificate issued by the local health department. (e) Each tattoo operator or tattoo artist shall, before receiving a permit to operate a tattoo establishment or to apply a tattoo, undergo a training program to include: (1) The alliance of professional tattooist course in sterilization; (2) A local or state health department program; (3) A course approved by the local health department in methods and techniques for the proper sterilization of instruments and materials used in tattooing; or (4) Present acceptable evidence of having satisfactorily completed a course of instruction in sterilization techniques and methods from a college/medical sterilization course. (f) The tattoo operator or tattoo artist, or both, shall be required to take and pass an examination concerning this part before a tattoo artist permit shall be issued. The examination shall be a written examination prescribed by the local health department. After passing the examination and complying with the other provisions of this part, a license shall be issued. (g) In order to receive a tattoo artist license, the tattooist shall be trained in the profession of tattooing to include sterilization methods in a certified shop for at least one (1) year, under a currently licensed tattoo artist who has been certified and operating in compliance with applicable laws in this state for no less than three (3) years. Out of state tattoo artists must be able to show proof of at least two (2) years' experience as a professional tattoo artist in another state. Business licenses, tax records, etc. may be used to show proof of prior work. Artists currently in business in Tennessee on October 1, 1996, shall be exempt from this subsection (g). (h) An apprentice artist license shall be issued if an artist is unable to comply with any of this part. An artist shall remain an apprentice artist until all qualifications or provisions of this part have been met. (i) A tattoo operator shall, unless registered as a tattoo artist, register with the department of health and shall comply with all provisions of this part, except for subsection (g). A tattoo operator shall pay an annual fee of one hundred forty dollars ($140). (j) All fees shall be paid to the commissioner. If any fee is delinquent for more than thirty (30) calendar days, a penalty of one half (1/2) the fee shall be added to the fee. If a check is returned for any reason, a penalty of one half (1/2) the fee shall be added to the fee. The permit fee plus any penalty must be paid before the permit is issued. (k) An applicant whose license has expired for more than one (1) year must reapply for licensure pursuant to subsection (g). Acts 1996, ch. 1004, § 5; 1999, ch. 229, §§ 5 - 7; 2001, ch. 311, §§ 6 - 8.
(a) No person shall engage in the practice of tattooing or act as a tattoo artist unless the person has registered as a tattoo artist with the department of health. A statewide tattoo artist license shall be issued and is transferable within this state to any studio holding a current studio certificate issued by a local health department. The department of health may, at its option, direct the local health department to act in its behalf in the application, examination and collection of funds concerning tattoo artist registration.
(b) No holder of a studio permit issued under this part shall allow a tattoo artist to engage in tattooing unless the tattoo artist: (1) Has attained eighteen (18) years of age; (2) Currently holds a tattoo artist license; and (3) Either has a fourteen-day temporary permit or has an apprentice artist license.
(1) Has attained eighteen (18) years of age;
(2) Currently holds a tattoo artist license; and
(3) Either has a fourteen-day temporary permit or has an apprentice artist license.
(c) Any person desiring to engage in the practice of tattooing shall submit an application to the department of health or its designee. There shall be three (3) types of tattoo artist licenses: tattoo artist, apprentice artist and temporary artist. All tattoo artist and apprentice artist registrations shall expire on December 31 of each year. A tattoo artist, apprentice artist and temporary artist shall pay an annual fee of one hundred forty dollars ($140).
(d) All tattooing shall be under the auspices of a tattoo studio holding a current studio certificate issued by the local health department.
(e) Each tattoo operator or tattoo artist shall, before receiving a permit to operate a tattoo establishment or to apply a tattoo, undergo a training program to include: (1) The alliance of professional tattooist course in sterilization; (2) A local or state health department program; (3) A course approved by the local health department in methods and techniques for the proper sterilization of instruments and materials used in tattooing; or (4) Present acceptable evidence of having satisfactorily completed a course of instruction in sterilization techniques and methods from a college/medical sterilization course.
(1) The alliance of professional tattooist course in sterilization;
(2) A local or state health department program;
(3) A course approved by the local health department in methods and techniques for the proper sterilization of instruments and materials used in tattooing; or
(4) Present acceptable evidence of having satisfactorily completed a course of instruction in sterilization techniques and methods from a college/medical sterilization course.
(f) The tattoo operator or tattoo artist, or both, shall be required to take and pass an examination concerning this part before a tattoo artist permit shall be issued. The examination shall be a written examination prescribed by the local health department. After passing the examination and complying with the other provisions of this part, a license shall be issued.
(g) In order to receive a tattoo artist license, the tattooist shall be trained in the profession of tattooing to include sterilization methods in a certified shop for at least one (1) year, under a currently licensed tattoo artist who has been certified and operating in compliance with applicable laws in this state for no less than three (3) years. Out of state tattoo artists must be able to show proof of at least two (2) years' experience as a professional tattoo artist in another state. Business licenses, tax records, etc. may be used to show proof of prior work. Artists currently in business in Tennessee on October 1, 1996, shall be exempt from this subsection (g).
(h) An apprentice artist license shall be issued if an artist is unable to comply with any of this part. An artist shall remain an apprentice artist until all qualifications or provisions of this part have been met.
(i) A tattoo operator shall, unless registered as a tattoo artist, register with the department of health and shall comply with all provisions of this part, except for subsection (g). A tattoo operator shall pay an annual fee of one hundred forty dollars ($140).
(j) All fees shall be paid to the commissioner. If any fee is delinquent for more than thirty (30) calendar days, a penalty of one half (1/2) the fee shall be added to the fee. If a check is returned for any reason, a penalty of one half (1/2) the fee shall be added to the fee. The permit fee plus any penalty must be paid before the permit is issued.
(k) An applicant whose license has expired for more than one (1) year must reapply for licensure pursuant to subsection (g).
Acts 1996, ch. 1004, § 5; 1999, ch. 229, §§ 5 - 7; 2001, ch. 311, §§ 6 - 8.
Tenn. Code Ann. § 62-4-210 — TN Code / Title 62 / Chapter 4 / Section 62-4-210
Military families
Status: in_force

Active military members, or their spouses, shall designate a home state where the individual has a current license to practice cosmetology in good standing. The individual may retain their home state designation during any period of service when that individual or their spouse is on active duty assignment. Added by 2024 Tenn. Acts, ch. 1060,s 1, eff. 7/1/2024.
Active military members, or their spouses, shall designate a home state where the individual has a current license to practice cosmetology in good standing. The individual may retain their home state designation during any period of service when that individual or their spouse is on active duty assignment.
Added by 2024 Tenn. Acts, ch. 1060,s 1, eff. 7/1/2024.
Tenn. Code Ann. § 62-4-127 — TN Code / Title 62 / Chapter 4 / Section 62-4-127
Inspections - Cause for suspension, revocation, or for denial of license
Status: in_force

(a) The board or its authorized representatives may, at reasonable hours, inspect any place of business operated by any person licensed under this part. (b) The board may suspend, revoke or refuse to issue or renew any license under this part for any of the following causes: (1) Fraud in procuring a license; (2) Unprofessional, immoral or dishonorable conduct; (3) Addiction to intoxicating liquors or drugs; (4) The sale or distribution of wine, beer, liquor, or any alcoholic beverages or drugs on the premises of a cosmetology, manicuring, or aesthetics establishment that is not licensed as a restricted retail business, as defined in § 57-4-102 , by the Tennessee alcoholic beverage commission is prohibited; provided, that wine, beer, liquor, or alcoholic beverages may be served to a patron without a charge, but no such beverages may be served to a patron who is intoxicated or believed to be intoxicated; (5) Unlawful invasion of the field of practice of any profession; (6) Receipt of fees or payment on the assurance that any incurable disease can be cured; (7) (A) Conviction of a felony, if the felony conviction occurred within three (3) years prior to the board's decision to suspend, revoke, or refuse to issue or renew the license. However, an action taken under this subdivision (b)(7)(A) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title; or (B) Conviction of any misdemeanor involving moral turpitude, if the misdemeanor conviction occurred within one (1) year prior to the board's decision to suspend, revoke, or refuse to issue or renew the license. However, an action taken under this subdivision (b)(7)(B) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title; (8) Any cause for which issuance of a license could have been refused had it existed and been known to the board at the time of issuance; (9) A violation of this part or of any rules duly promulgated under this part; or (10) Failure to comply with a lawful order of the board. Amended by 2024 Tenn. Acts, ch. 1060,s 25, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 865,s 6, eff. 7/1/2024. Amended by 2018 Tenn. Acts, ch. 745, s 4, eff. 7/1/2018. Amended by 2015 Tenn. Acts, ch. 267, s 1, eff. 4/24/2015. Acts 1986, ch. 817, § 27; 1996, ch. 897, §§ 17, 18.
(a) The board or its authorized representatives may, at reasonable hours, inspect any place of business operated by any person licensed under this part.
(b) The board may suspend, revoke or refuse to issue or renew any license under this part for any of the following causes: (1) Fraud in procuring a license; (2) Unprofessional, immoral or dishonorable conduct; (3) Addiction to intoxicating liquors or drugs; (4) The sale or distribution of wine, beer, liquor, or any alcoholic beverages or drugs on the premises of a cosmetology, manicuring, or aesthetics establishment that is not licensed as a restricted retail business, as defined in § 57-4-102 , by the Tennessee alcoholic beverage commission is prohibited; provided, that wine, beer, liquor, or alcoholic beverages may be served to a patron without a charge, but no such beverages may be served to a patron who is intoxicated or believed to be intoxicated; (5) Unlawful invasion of the field of practice of any profession; (6) Receipt of fees or payment on the assurance that any incurable disease can be cured; (7) (A) Conviction of a felony, if the felony conviction occurred within three (3) years prior to the board's decision to suspend, revoke, or refuse to issue or renew the license. However, an action taken under this subdivision (b)(7)(A) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title; or (B) Conviction of any misdemeanor involving moral turpitude, if the misdemeanor conviction occurred within one (1) year prior to the board's decision to suspend, revoke, or refuse to issue or renew the license. However, an action taken under this subdivision (b)(7)(B) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title; (8) Any cause for which issuance of a license could have been refused had it existed and been known to the board at the time of issuance; (9) A violation of this part or of any rules duly promulgated under this part; or (10) Failure to comply with a lawful order of the board.
(1) Fraud in procuring a license;
(2) Unprofessional, immoral or dishonorable conduct;
(3) Addiction to intoxicating liquors or drugs;
(4) The sale or distribution of wine, beer, liquor, or any alcoholic beverages or drugs on the premises of a cosmetology, manicuring, or aesthetics establishment that is not licensed as a restricted retail business, as defined in § 57-4-102 , by the Tennessee alcoholic beverage commission is prohibited; provided, that wine, beer, liquor, or alcoholic beverages may be served to a patron without a charge, but no such beverages may be served to a patron who is intoxicated or believed to be intoxicated;
(5) Unlawful invasion of the field of practice of any profession;
(6) Receipt of fees or payment on the assurance that any incurable disease can be cured;
(7) (A) Conviction of a felony, if the felony conviction occurred within three (3) years prior to the board's decision to suspend, revoke, or refuse to issue or renew the license. However, an action taken under this subdivision (b)(7)(A) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title; or (B) Conviction of any misdemeanor involving moral turpitude, if the misdemeanor conviction occurred within one (1) year prior to the board's decision to suspend, revoke, or refuse to issue or renew the license. However, an action taken under this subdivision (b)(7)(B) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title;
(A) Conviction of a felony, if the felony conviction occurred within three (3) years prior to the board's decision to suspend, revoke, or refuse to issue or renew the license. However, an action taken under this subdivision (b)(7)(A) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title; or
(B) Conviction of any misdemeanor involving moral turpitude, if the misdemeanor conviction occurred within one (1) year prior to the board's decision to suspend, revoke, or refuse to issue or renew the license. However, an action taken under this subdivision (b)(7)(B) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title;
(8) Any cause for which issuance of a license could have been refused had it existed and been known to the board at the time of issuance;
(9) A violation of this part or of any rules duly promulgated under this part; or
(10) Failure to comply with a lawful order of the board.
Amended by 2024 Tenn. Acts, ch. 1060,s 25, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 865,s 6, eff. 7/1/2024.
Amended by 2018 Tenn. Acts, ch. 745, s 4, eff. 7/1/2018.
Amended by 2015 Tenn. Acts, ch. 267, s 1, eff. 4/24/2015.
Acts 1986, ch. 817, § 27; 1996, ch. 897, §§ 17, 18.
Tenn. Code Ann. § 62-35-122 — TN Code / Title 62 / Chapter 35 / Section 62-35-122
Registration cards - Expiration - Renewal - Refresher training
Status: in_force

(a) All registration cards or renewals of registration cards shall expire two (2) years from date of issuance. (b) The commissioner shall establish the fees in reasonable amounts for the timely renewal of armed or unarmed registration cards. (c) Registrations may be renewed up to three (3) months after their expiration by payment of the renewal fee plus a penalty established by the commissioner for each month or portion of a month that elapses before payment is tendered. (d) Every armed security guard/officer shall as a prerequisite for the renewal of the person's registration card: (1) Complete four (4) hours of refresher training administered by a certified trainer in the subjects listed in § 62-35-118(b)(1) ; and (2) Requalify in the use of a firearm by achieving a minimum of seventy percent (70%) on any silhouette target course approved by the commissioner. (e) An unarmed security guard/officer shall as a prerequisite for renewal of the person's registration card complete two (2) hours of refresher training administered by a certified trainer in the subjects listed in § 62-35-118(a)(2)(A) . (f) An unarmed security guard/officer, or an armed security guard/officer, who is employed by a proprietary security organization that holds a license or permit for on-premises consumption from the alcoholic beverage commission or a beer board, or is employed by a contract security company for the purposes of performing security guard and patrol services at a commercial establishment that holds a license or permit for on-premises consumption from the alcoholic beverage commission or a beer board, shall complete refresher training on the subjects listed in § 62-35-118(a)(2)(B)(i) and (ii) as a prerequisite for renewal of the person's registration card. (g) An armed security guard or officer providing security or patrol services at or in a public school, public charter school, private school, or church-related school must complete an active shooter refresher training approved by the commissioner before the individual's registration card may be renewed. Amended by 2023 Tenn. Acts, ch. 367, s 23, eff. 7/1/2023. Amended by 2022 Tenn. Acts, ch. 1121, s 4, eff. 1/1/2023. Acts 1987, ch. 436, § 22; 1988, ch. 987, § 9; 1990, ch. 1026, § 7; 1991, ch. 425, § 4; 1996, ch. 1009, § 11.
(a) All registration cards or renewals of registration cards shall expire two (2) years from date of issuance.
(b) The commissioner shall establish the fees in reasonable amounts for the timely renewal of armed or unarmed registration cards.
(c) Registrations may be renewed up to three (3) months after their expiration by payment of the renewal fee plus a penalty established by the commissioner for each month or portion of a month that elapses before payment is tendered.
(d) Every armed security guard/officer shall as a prerequisite for the renewal of the person's registration card: (1) Complete four (4) hours of refresher training administered by a certified trainer in the subjects listed in § 62-35-118(b)(1) ; and (2) Requalify in the use of a firearm by achieving a minimum of seventy percent (70%) on any silhouette target course approved by the commissioner.
(1) Complete four (4) hours of refresher training administered by a certified trainer in the subjects listed in § 62-35-118(b)(1) ; and
(2) Requalify in the use of a firearm by achieving a minimum of seventy percent (70%) on any silhouette target course approved by the commissioner.
(e) An unarmed security guard/officer shall as a prerequisite for renewal of the person's registration card complete two (2) hours of refresher training administered by a certified trainer in the subjects listed in § 62-35-118(a)(2)(A) .
(f) An unarmed security guard/officer, or an armed security guard/officer, who is employed by a proprietary security organization that holds a license or permit for on-premises consumption from the alcoholic beverage commission or a beer board, or is employed by a contract security company for the purposes of performing security guard and patrol services at a commercial establishment that holds a license or permit for on-premises consumption from the alcoholic beverage commission or a beer board, shall complete refresher training on the subjects listed in § 62-35-118(a)(2)(B)(i) and (ii) as a prerequisite for renewal of the person's registration card.
(g) An armed security guard or officer providing security or patrol services at or in a public school, public charter school, private school, or church-related school must complete an active shooter refresher training approved by the commissioner before the individual's registration card may be renewed.
Amended by 2023 Tenn. Acts, ch. 367, s 23, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 1121, s 4, eff. 1/1/2023.
Acts 1987, ch. 436, § 22; 1988, ch. 987, § 9; 1990, ch. 1026, § 7; 1991, ch. 425, § 4; 1996, ch. 1009, § 11.
Tenn. Code Ann. § 62-27-123 — TN Code / Title 62 / Chapter 27 / Section 62-27-123
Violations - Penalties
Status: in_force

(a) General polygraph examinations. (1) It is unlawful for any person to: (A) Falsify information on any intern progress report submitted pursuant to this chapter; (B) Include any question concerning a subject's sexual behavior or orientation in a polygraph examination, unless the matter is relevant to the examination. Before proceeding with the examination, the examiner must obtain the subject's written permission and the permission shall be made a part of the test record; and (C) Conclude a polygraph examination without affording the subject a reasonable opportunity to explain any deceptive reactions to relevant questions that are evident on the charts unless the examinee is represented by legal counsel and counsel requests the results be given to counsel rather than to the examinee. (2) A violation of subdivision (a)(1) is a Class C misdemeanor. (b) Tampering with license applicant's examination papers. It is a Class C misdemeanor for the commissioner or the commissioner's agents or employees to alter or in any way tamper with any person's examination paper that has been submitted for any examination for a license or for any intern permit conducted under this chapter. (c) Discrimination in approving applications for license. It is a Class C misdemeanor for the commissioner or the commissioner's agents or employees to in any way discriminate on the basis of race, national origin or sex in: (1) Accepting or approving applications for internships or for polygraph examiners; (2) The submission of examinations pursuant to the applications; (3) Administering or grading the examinations; (4) Suspending or revoking a license or intern permit; or (5) Any other action or decision made in the administration or enforcement of this chapter. (d) Polygraph examinations with respect to employment. (1) It is unlawful for a polygraph examiner to inquire into any of the following areas during a polygraph examination with respect to employment, unless the examination is administered as a result of an investigation of illegal activity in such area and the inability to pose relevant questions in relation to the illegal activity would be detrimental to the investigation: (A) Religious beliefs or affiliations; (B) Beliefs or opinions regarding racial matters; (C) Political beliefs or affiliations; (D) Beliefs, affiliations or lawful activities regarding unions or labor organizations; (E) Sexual preferences or activities; (F) Any disability covered by the Americans with Disabilities Act ( 42 U.S.C. § 12101 et seq.); or (G) Actions or activities more than five (5) years preceding the date of the examination, except for felony convictions and violations of the Tennessee Drug Control Act, compiled in title 39, chapter 17, part 4. (2) A violation of subdivision (d)(1) is a Class C misdemeanor. Amended by 2021 Tenn. Acts, ch. 294, s 16, eff. 7/1/2021. Acts 1978, ch. 900, § 25; T.C.A., § 62-2724; Acts 1982, ch. 720, §§ 22, 24, 25; 1986, ch. 739, § 8; 1989, ch. 591, § 113; 1998, ch. 777, §2; 2003 , ch. 206, §§ 2, 3, 12, 13.
(a) General polygraph examinations. (1) It is unlawful for any person to: (A) Falsify information on any intern progress report submitted pursuant to this chapter; (B) Include any question concerning a subject's sexual behavior or orientation in a polygraph examination, unless the matter is relevant to the examination. Before proceeding with the examination, the examiner must obtain the subject's written permission and the permission shall be made a part of the test record; and (C) Conclude a polygraph examination without affording the subject a reasonable opportunity to explain any deceptive reactions to relevant questions that are evident on the charts unless the examinee is represented by legal counsel and counsel requests the results be given to counsel rather than to the examinee. (2) A violation of subdivision (a)(1) is a Class C misdemeanor.
(1) It is unlawful for any person to: (A) Falsify information on any intern progress report submitted pursuant to this chapter; (B) Include any question concerning a subject's sexual behavior or orientation in a polygraph examination, unless the matter is relevant to the examination. Before proceeding with the examination, the examiner must obtain the subject's written permission and the permission shall be made a part of the test record; and (C) Conclude a polygraph examination without affording the subject a reasonable opportunity to explain any deceptive reactions to relevant questions that are evident on the charts unless the examinee is represented by legal counsel and counsel requests the results be given to counsel rather than to the examinee.
(A) Falsify information on any intern progress report submitted pursuant to this chapter;
(B) Include any question concerning a subject's sexual behavior or orientation in a polygraph examination, unless the matter is relevant to the examination. Before proceeding with the examination, the examiner must obtain the subject's written permission and the permission shall be made a part of the test record; and
(C) Conclude a polygraph examination without affording the subject a reasonable opportunity to explain any deceptive reactions to relevant questions that are evident on the charts unless the examinee is represented by legal counsel and counsel requests the results be given to counsel rather than to the examinee.
(2) A violation of subdivision (a)(1) is a Class C misdemeanor.
(b) Tampering with license applicant's examination papers. It is a Class C misdemeanor for the commissioner or the commissioner's agents or employees to alter or in any way tamper with any person's examination paper that has been submitted for any examination for a license or for any intern permit conducted under this chapter.
(c) Discrimination in approving applications for license. It is a Class C misdemeanor for the commissioner or the commissioner's agents or employees to in any way discriminate on the basis of race, national origin or sex in: (1) Accepting or approving applications for internships or for polygraph examiners; (2) The submission of examinations pursuant to the applications; (3) Administering or grading the examinations; (4) Suspending or revoking a license or intern permit; or (5) Any other action or decision made in the administration or enforcement of this chapter.
(1) Accepting or approving applications for internships or for polygraph examiners;
(2) The submission of examinations pursuant to the applications;
(3) Administering or grading the examinations;
(4) Suspending or revoking a license or intern permit; or
(5) Any other action or decision made in the administration or enforcement of this chapter.
(d) Polygraph examinations with respect to employment. (1) It is unlawful for a polygraph examiner to inquire into any of the following areas during a polygraph examination with respect to employment, unless the examination is administered as a result of an investigation of illegal activity in such area and the inability to pose relevant questions in relation to the illegal activity would be detrimental to the investigation: (A) Religious beliefs or affiliations; (B) Beliefs or opinions regarding racial matters; (C) Political beliefs or affiliations; (D) Beliefs, affiliations or lawful activities regarding unions or labor organizations; (E) Sexual preferences or activities; (F) Any disability covered by the Americans with Disabilities Act ( 42 U.S.C. § 12101 et seq.); or (G) Actions or activities more than five (5) years preceding the date of the examination, except for felony convictions and violations of the Tennessee Drug Control Act, compiled in title 39, chapter 17, part 4. (2) A violation of subdivision (d)(1) is a Class C misdemeanor.
(1) It is unlawful for a polygraph examiner to inquire into any of the following areas during a polygraph examination with respect to employment, unless the examination is administered as a result of an investigation of illegal activity in such area and the inability to pose relevant questions in relation to the illegal activity would be detrimental to the investigation: (A) Religious beliefs or affiliations; (B) Beliefs or opinions regarding racial matters; (C) Political beliefs or affiliations; (D) Beliefs, affiliations or lawful activities regarding unions or labor organizations; (E) Sexual preferences or activities; (F) Any disability covered by the Americans with Disabilities Act ( 42 U.S.C. § 12101 et seq.); or (G) Actions or activities more than five (5) years preceding the date of the examination, except for felony convictions and violations of the Tennessee Drug Control Act, compiled in title 39, chapter 17, part 4.
(A) Religious beliefs or affiliations;
(B) Beliefs or opinions regarding racial matters;
(C) Political beliefs or affiliations;
(D) Beliefs, affiliations or lawful activities regarding unions or labor organizations;
(E) Sexual preferences or activities;
(F) Any disability covered by the Americans with Disabilities Act ( 42 U.S.C. § 12101 et seq.); or
(G) Actions or activities more than five (5) years preceding the date of the examination, except for felony convictions and violations of the Tennessee Drug Control Act, compiled in title 39, chapter 17, part 4.
(2) A violation of subdivision (d)(1) is a Class C misdemeanor.
Amended by 2021 Tenn. Acts, ch. 294, s 16, eff. 7/1/2021.
Acts 1978, ch. 900, § 25; T.C.A., § 62-2724; Acts 1982, ch. 720, §§ 22, 24, 25; 1986, ch. 739, § 8; 1989, ch. 591, § 113; 1998, ch. 777, §2; 2003 , ch. 206, §§ 2, 3, 12, 13.
Tenn. Code Ann. § 62-29-104 — TN Code / Title 62 / Chapter 29 / Section 62-29-104
Declaration of tax preparer
Status: in_force

A person who prepares or assists in the preparing of state tax returns, except those required on income, must sign in the space so provided on the return a declaration, based on all information of which the person has any knowledge and under penalties provided within this part, that the return, including accompanying schedules, has been examined by the person and, to the best of the person's knowledge and belief, is a true, correct and complete return. Acts 1969, ch. 317, § 4; T.C.A., § 67-5704.
A person who prepares or assists in the preparing of state tax returns, except those required on income, must sign in the space so provided on the return a declaration, based on all information of which the person has any knowledge and under penalties provided within this part, that the return, including accompanying schedules, has been examined by the person and, to the best of the person's knowledge and belief, is a true, correct and complete return.
Acts 1969, ch. 317, § 4; T.C.A., § 67-5704.