Tenn. Code Ann. § 62-32-313 — TN Code / Title 62 / Chapter 32 / Section 62-32-313
Qualifying agents - Application for license - Educational and training criteria - Examination - Term of license - Renewal
Status: in_force

(a) Anyone desiring to be licensed as a qualifying agent shall make written application to the commissioner on forms prescribed by the commissioner. The application shall be accompanied by an application fee as set by the commissioner. (b) An applicant shall meet all of the requirements for a registered employee as indicated in § 62-32-312(e) . Application shall be accompanied by the documents required for employee registration as detailed in § 62-32-312(d) . (c) An applicant for qualifying agent must satisfy the following educational and training criteria: (1) The applicant must hold a post-high-school degree from an accredited university, college, or technical college approved by the commissioner; or (2) The applicant must hold a current certification by a national training program approved by the commissioner in the field of work to be installed, serviced, or monitored, and have at least three (3) years of working experience in the alarm industry covering the actual installation of alarm systems. (d) If the application is satisfactory to the commissioner, the qualifying agent shall be entitled to an examination to determine the agent's qualifications. This examination may be written or oral, or both. The commissioner shall be entitled to charge each applicant an examination fee as set by the commissioner for each written or oral examination, or both. (e) If the results of the examination of any applicant are satisfactory to the commissioner, then it shall issue to the applicant a license as a qualified agent in this state. The commissioner shall state the classifications in which the applicant is qualified to engage. (f) Licenses as a qualifying agent shall expire on the last day of the twenty-fourth month following its issuance or renewal and shall become invalid on that date unless renewed. (g) Renewal notices shall be mailed to the last known address of the qualified agent ninety (90) days prior to the expiration date of the license. The renewal must be received in the office of the commissioner prior to the expiration of the license. (h) It is the duty of the commissioner to notify every person registered under this part by mail to the last known address of the date of expiration of the person's certificate of license and the amount of fee required for its renewal for two (2) years. The notice shall be mailed in accordance with this section. (i) The fee to be paid for the renewal of a certificate of license after the expiration date shall be increased ten percent (10%) for each month or fraction of a month that payment for renewal is delayed; provided, that the maximum fee for a delayed renewal shall not exceed twice the normal fee. (j) No qualifying agent shall be qualified to receive a renewal license when the agent has been in default in complying with this part for a period of three (3) months, and, in that event, the qualifying agent, in order to qualify under the law, shall make a new application as in the case of the issuance of the original license. (k) The commissioner shall not grant renewal of a qualifying agent license until it has received satisfactory evidence of continuing education during the previous two (2) years. The commissioner shall promulgate rules to establish minimum satisfactory standards of continuing education. (l) The commissioner may, after notice and an opportunity for hearing, suspend, revoke or deny renewal of a license to a qualifying agent who is a qualifying agent for a person, firm, association or corporation that has had its certification suspended or revoked under § 62-32-319 . The commissioner shall in all cases before hearing any charges against any registrant furnish a written copy of the charges against the accused, including notice of the time and place where the charges will be heard, and give reasonable opportunity for the accused to be present and offer any evidence the accused may wish. The accused shall have the right to an attorney if the accused so desires. The revocation or suspension of license shall be in writing, stating the grounds upon which the commissioner decision is based. The aggrieved person shall have the right to appeal from the decision. (m) [Deleted by 2021 amendment.] Amended by 2021 Tenn. Acts, ch. 294, s 29, eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 294, s 28, eff. 7/1/2021. Amended by 2013 Tenn. Acts, ch. 142, s 1, eff. 4/12/2013. Acts 1991, ch. 400, § 13; 1996, ch. 848, §§ 15, 16; 2008 , ch. 1038, §§ 8-10, 15.
(a) Anyone desiring to be licensed as a qualifying agent shall make written application to the commissioner on forms prescribed by the commissioner. The application shall be accompanied by an application fee as set by the commissioner.
(b) An applicant shall meet all of the requirements for a registered employee as indicated in § 62-32-312(e) . Application shall be accompanied by the documents required for employee registration as detailed in § 62-32-312(d) .
(c) An applicant for qualifying agent must satisfy the following educational and training criteria: (1) The applicant must hold a post-high-school degree from an accredited university, college, or technical college approved by the commissioner; or (2) The applicant must hold a current certification by a national training program approved by the commissioner in the field of work to be installed, serviced, or monitored, and have at least three (3) years of working experience in the alarm industry covering the actual installation of alarm systems.
(1) The applicant must hold a post-high-school degree from an accredited university, college, or technical college approved by the commissioner; or
(2) The applicant must hold a current certification by a national training program approved by the commissioner in the field of work to be installed, serviced, or monitored, and have at least three (3) years of working experience in the alarm industry covering the actual installation of alarm systems.
(d) If the application is satisfactory to the commissioner, the qualifying agent shall be entitled to an examination to determine the agent's qualifications. This examination may be written or oral, or both. The commissioner shall be entitled to charge each applicant an examination fee as set by the commissioner for each written or oral examination, or both.
(e) If the results of the examination of any applicant are satisfactory to the commissioner, then it shall issue to the applicant a license as a qualified agent in this state. The commissioner shall state the classifications in which the applicant is qualified to engage.
(f) Licenses as a qualifying agent shall expire on the last day of the twenty-fourth month following its issuance or renewal and shall become invalid on that date unless renewed.
(g) Renewal notices shall be mailed to the last known address of the qualified agent ninety (90) days prior to the expiration date of the license. The renewal must be received in the office of the commissioner prior to the expiration of the license.
(h) It is the duty of the commissioner to notify every person registered under this part by mail to the last known address of the date of expiration of the person's certificate of license and the amount of fee required for its renewal for two (2) years. The notice shall be mailed in accordance with this section.
(i) The fee to be paid for the renewal of a certificate of license after the expiration date shall be increased ten percent (10%) for each month or fraction of a month that payment for renewal is delayed; provided, that the maximum fee for a delayed renewal shall not exceed twice the normal fee.
(j) No qualifying agent shall be qualified to receive a renewal license when the agent has been in default in complying with this part for a period of three (3) months, and, in that event, the qualifying agent, in order to qualify under the law, shall make a new application as in the case of the issuance of the original license.
(k) The commissioner shall not grant renewal of a qualifying agent license until it has received satisfactory evidence of continuing education during the previous two (2) years. The commissioner shall promulgate rules to establish minimum satisfactory standards of continuing education.
(l) The commissioner may, after notice and an opportunity for hearing, suspend, revoke or deny renewal of a license to a qualifying agent who is a qualifying agent for a person, firm, association or corporation that has had its certification suspended or revoked under § 62-32-319 . The commissioner shall in all cases before hearing any charges against any registrant furnish a written copy of the charges against the accused, including notice of the time and place where the charges will be heard, and give reasonable opportunity for the accused to be present and offer any evidence the accused may wish. The accused shall have the right to an attorney if the accused so desires. The revocation or suspension of license shall be in writing, stating the grounds upon which the commissioner decision is based. The aggrieved person shall have the right to appeal from the decision.
(m) [Deleted by 2021 amendment.]
Amended by 2021 Tenn. Acts, ch. 294, s 29, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 294, s 28, eff. 7/1/2021.
Amended by 2013 Tenn. Acts, ch. 142, s 1, eff. 4/12/2013.
Acts 1991, ch. 400, § 13; 1996, ch. 848, §§ 15, 16; 2008 , ch. 1038, §§ 8-10, 15.
Tenn. Code Ann. § 62-26-223 — TN Code / Title 62 / Chapter 26 / Section 62-26-223
Exceptions to applicability of part
Status: in_force

(a) This part does not apply to a public accountant and a certified public accountant, or the agent of either, performing duties relating to public accountancy. (b) This part does not apply to: (1) A governmental officer or employee performing official duties; (2) A person engaged exclusively in the business of obtaining and furnishing information regarding the financial rating or standing and credit of persons; (3) (A) (i) An attorney at law in good standing and licensed to practice law; (ii) An employee of a single attorney or single law firm who is acting within the employee's scope of employment for the attorney or law firm; or (iii) A consultant when the person is retained by an attorney or appointed by a court to make tests, conduct experiments, draw conclusions, render opinions or make diagnoses, where those services require the use of training or experience in a technical, scientific or social science field; (B) These exceptions do not apply to any other person or company that otherwise provides or offers to provide investigative services as described in § 62-26-202 ; (4) An insurance company, licensed insurance agent or staff or independent adjuster performing investigative duties in connection with insurance business transacted; (5) A private business employee conducting investigations relating to the internal affairs of the business; (6) Any individual conducting investigative activities in connection with the repossession of a vehicle; (7) An individual conducting undercover investigations meeting the criteria set forth in § 62-26-229 ; (8) Any person duly licensed by this state in another profession while the person is engaged in activities within the scope of that profession; (9) Any student from any college or university who is working as an intern in a public defender's or district attorney's program in this state who is directly supervised by an attorney at law in the public defender's or district attorney's office and who is not compensated for the services; or (10) A person engaged exclusively in the business of obtaining and furnishing information regarding a candidate for employment to the candidate's potential employer. (c) An insurance adjuster claiming an exemption to this part under subdivision (b)(4) must be an employee of an insurance company duly licensed to do business in this state, a licensed insurance agent in this state or a staff employee of the agent, or an independent adjuster performing investigative activity limited to matters directly pertaining to an insurance transaction. The employee of the insurance company, the insurance agent or employee of the agent or the independent adjuster or employee of the adjuster must be acting within the scope of that person's employment with respect to the investigative activity. Amended by 2017 Tenn. Acts, ch. 391, s 1, eff. 5/18/2017. Acts 1991, ch. 457, §§ 28, 29; 1992, ch. 879, §§ 1, 2; 1993, ch. 511, §§ 3, 16, 17; 1995, ch. 234, § 1; 2000, ch. 812, §§ 1, 2; 2004, ch. 539, §§ 1, 2; 2004, ch. 733, § 1.
(a) This part does not apply to a public accountant and a certified public accountant, or the agent of either, performing duties relating to public accountancy.
(b) This part does not apply to: (1) A governmental officer or employee performing official duties; (2) A person engaged exclusively in the business of obtaining and furnishing information regarding the financial rating or standing and credit of persons; (3) (A) (i) An attorney at law in good standing and licensed to practice law; (ii) An employee of a single attorney or single law firm who is acting within the employee's scope of employment for the attorney or law firm; or (iii) A consultant when the person is retained by an attorney or appointed by a court to make tests, conduct experiments, draw conclusions, render opinions or make diagnoses, where those services require the use of training or experience in a technical, scientific or social science field; (B) These exceptions do not apply to any other person or company that otherwise provides or offers to provide investigative services as described in § 62-26-202 ; (4) An insurance company, licensed insurance agent or staff or independent adjuster performing investigative duties in connection with insurance business transacted; (5) A private business employee conducting investigations relating to the internal affairs of the business; (6) Any individual conducting investigative activities in connection with the repossession of a vehicle; (7) An individual conducting undercover investigations meeting the criteria set forth in § 62-26-229 ; (8) Any person duly licensed by this state in another profession while the person is engaged in activities within the scope of that profession; (9) Any student from any college or university who is working as an intern in a public defender's or district attorney's program in this state who is directly supervised by an attorney at law in the public defender's or district attorney's office and who is not compensated for the services; or (10) A person engaged exclusively in the business of obtaining and furnishing information regarding a candidate for employment to the candidate's potential employer.
(1) A governmental officer or employee performing official duties;
(2) A person engaged exclusively in the business of obtaining and furnishing information regarding the financial rating or standing and credit of persons;
(3) (A) (i) An attorney at law in good standing and licensed to practice law; (ii) An employee of a single attorney or single law firm who is acting within the employee's scope of employment for the attorney or law firm; or (iii) A consultant when the person is retained by an attorney or appointed by a court to make tests, conduct experiments, draw conclusions, render opinions or make diagnoses, where those services require the use of training or experience in a technical, scientific or social science field; (B) These exceptions do not apply to any other person or company that otherwise provides or offers to provide investigative services as described in § 62-26-202 ;
(A) (i) An attorney at law in good standing and licensed to practice law; (ii) An employee of a single attorney or single law firm who is acting within the employee's scope of employment for the attorney or law firm; or (iii) A consultant when the person is retained by an attorney or appointed by a court to make tests, conduct experiments, draw conclusions, render opinions or make diagnoses, where those services require the use of training or experience in a technical, scientific or social science field;
(i) An attorney at law in good standing and licensed to practice law;
(ii) An employee of a single attorney or single law firm who is acting within the employee's scope of employment for the attorney or law firm; or
(iii) A consultant when the person is retained by an attorney or appointed by a court to make tests, conduct experiments, draw conclusions, render opinions or make diagnoses, where those services require the use of training or experience in a technical, scientific or social science field;
(B) These exceptions do not apply to any other person or company that otherwise provides or offers to provide investigative services as described in § 62-26-202 ;
(4) An insurance company, licensed insurance agent or staff or independent adjuster performing investigative duties in connection with insurance business transacted;
(5) A private business employee conducting investigations relating to the internal affairs of the business;
(6) Any individual conducting investigative activities in connection with the repossession of a vehicle;
(7) An individual conducting undercover investigations meeting the criteria set forth in § 62-26-229 ;
(8) Any person duly licensed by this state in another profession while the person is engaged in activities within the scope of that profession;
(9) Any student from any college or university who is working as an intern in a public defender's or district attorney's program in this state who is directly supervised by an attorney at law in the public defender's or district attorney's office and who is not compensated for the services; or
(10) A person engaged exclusively in the business of obtaining and furnishing information regarding a candidate for employment to the candidate's potential employer.
(c) An insurance adjuster claiming an exemption to this part under subdivision (b)(4) must be an employee of an insurance company duly licensed to do business in this state, a licensed insurance agent in this state or a staff employee of the agent, or an independent adjuster performing investigative activity limited to matters directly pertaining to an insurance transaction. The employee of the insurance company, the insurance agent or employee of the agent or the independent adjuster or employee of the adjuster must be acting within the scope of that person's employment with respect to the investigative activity.
Amended by 2017 Tenn. Acts, ch. 391, s 1, eff. 5/18/2017.
Acts 1991, ch. 457, §§ 28, 29; 1992, ch. 879, §§ 1, 2; 1993, ch. 511, §§ 3, 16, 17; 1995, ch. 234, § 1; 2000, ch. 812, §§ 1, 2; 2004, ch. 539, §§ 1, 2; 2004, ch. 733, § 1.
Tenn. Code Ann. § 62-29-103 — TN Code / Title 62 / Chapter 29 / Section 62-29-103
Persons who may act as tax preparers
Status: in_force

Unless otherwise exempt as stated in § 62-29-102 , a person shall not act as a preparer of tax returns unless the person is: (1) An attorney at law, duly licensed and admitted to practice in the courts of records of this state or the attorney's employee acting within the scope of employment; (2) A certified public accountant licensed to practice as such in this state or the certified public accountant's employee acting within the scope of employment; (3) A public accountant licensed to practice as such in this state or the public accountant's employee acting within the scope of employment; or (4) Any of the persons in subdivisions (1)-(3) holding a proper license from another state or territory. Acts 1969, ch. 317, § 3; T.C.A., § 67-5703.
Unless otherwise exempt as stated in § 62-29-102 , a person shall not act as a preparer of tax returns unless the person is:
(1) An attorney at law, duly licensed and admitted to practice in the courts of records of this state or the attorney's employee acting within the scope of employment;
(2) A certified public accountant licensed to practice as such in this state or the certified public accountant's employee acting within the scope of employment;
(3) A public accountant licensed to practice as such in this state or the public accountant's employee acting within the scope of employment; or
(4) Any of the persons in subdivisions (1)-(3) holding a proper license from another state or territory.
Acts 1969, ch. 317, § 3; T.C.A., § 67-5703.
Tenn. Code Ann. § 62-19-112 — TN Code / Title 62 / Chapter 19 / Section 62-19-112
Denial, revocation or suspension of license by commission - Retirement of license
Status: in_force

(a) The commission may, upon its own motion, and shall, upon the verified complaint in writing of any person, hold a hearing as provided in this chapter and investigate the actions of any auctioneer, affiliate auctioneer or any person who assumes to act in either capacity; provided, that the complaint with the evidence, documentary or otherwise, presented in connection with the complaint, makes out a prima facie case. (b) The commission may suspend, revoke or refuse to renew any license issued under this chapter where the license has been obtained by false or fraudulent representations or for any of the following causes: (1) Making any substantial misrepresentation including, but not limited to, individuals licensed solely as bid caller auctioneers who hold themselves out to others as principal auctioneers or public automobile auctioneers; (2) Pursuing a continued and flagrant course of misrepresentation or making false promises through agents or advertising or otherwise; (3) Accepting valuable consideration as an affiliate auctioneer for the performance of any of the acts specified in this chapter, from any person, except the licensee's employer auctioneer; (4) Failing to account for or remit, within a reasonable time, any money belonging to others that comes into the licensee's possession, commingling funds of others with the licensee's own or failing to keep the funds of others in an escrow or trustee account; provided, however, that nothing in this section shall be construed to require an auto auction as defined in § 55-17-102(1)(A) to maintain or use an escrow account when the auction does not accept and deposit funds of others; (5) Paying valuable consideration to any person for services performed in violation of this chapter; (6) Being convicted in a court of competent jurisdiction of this or any other state, or of the United States, of a criminal offense involving moral turpitude or a felony. However, an action taken under this subdivision (b)(6) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title; (7) Violating any provision of this chapter, or any rule or regulation duly promulgated under this chapter; (8) Failing to furnish voluntarily to all interested parties, at the time of execution, copies of all written instruments prepared by the auctioneer or affiliate auctioneer; (9) Failing prior to the sale at public auction to enter into a written contract with the owner or consignee of any property to be sold, containing the terms and conditions upon which the licensee receives the property for sale; (10) Engaging in the business of auctioning real property without being duly licensed as a broker or affiliate broker under the Tennessee Real Estate Broker License Act of 1973, compiled in chapter 13 of this title; (11) Knowingly using false bidders, cappers or pullers; (12) Any conduct of any auctioneer that demonstrates improper, fraudulent, incompetent or dishonest dealings; (13) Violating title 55, chapter 17, or any rule duly promulgated under title 55, chapter 17, pertaining to the sale or auction of motor vehicles; or (14) Negotiating or executing an auction contract to sell goods, take possession of seller assets, or take possession of auction proceeds as a bid caller auctioneer licensee. (c) The affirmative vote of a majority of the commission shall be necessary to revoke or suspend a license. (d) An auctioneer or affiliate auctioneer may retire the auctioneer's or affiliate auctioneer's license by making such request in writing and paying the appropriate fees set by the commission. The written request must be accompanied by the license certificate and pocket card. The retiree shall be responsible for notifying the commission of any change in address. Only licenses that are current and in good standing with the commission may be retired. Amended by 2019 Tenn. Acts, ch. 471, Secs.s 12, s 13eff. 7/1/2019. Amended by 2019 Tenn. Acts, ch. 471, s 11, eff. 7/1/2019. Amended by 2018 Tenn. Acts, ch. 745, s 12, eff. 7/1/2018. Acts 1967, ch. 335, §§ 13, 14; 1976, ch. 824, § 6; 1980, ch. 451, §§ 6, 7; 1980, ch. 716, §§1, 2; T.C.A., §§ 62-1913, 62-1914; Acts 1983, ch. 250, §§ 9-11; 1986, ch. 915, §§ 4, 5; 1989, ch. 171, § 1; 1991, ch. 359, § 1; 1999, ch. 358, §7; 2003 , ch. 159, § 2.
(a) The commission may, upon its own motion, and shall, upon the verified complaint in writing of any person, hold a hearing as provided in this chapter and investigate the actions of any auctioneer, affiliate auctioneer or any person who assumes to act in either capacity; provided, that the complaint with the evidence, documentary or otherwise, presented in connection with the complaint, makes out a prima facie case.
(b) The commission may suspend, revoke or refuse to renew any license issued under this chapter where the license has been obtained by false or fraudulent representations or for any of the following causes: (1) Making any substantial misrepresentation including, but not limited to, individuals licensed solely as bid caller auctioneers who hold themselves out to others as principal auctioneers or public automobile auctioneers; (2) Pursuing a continued and flagrant course of misrepresentation or making false promises through agents or advertising or otherwise; (3) Accepting valuable consideration as an affiliate auctioneer for the performance of any of the acts specified in this chapter, from any person, except the licensee's employer auctioneer; (4) Failing to account for or remit, within a reasonable time, any money belonging to others that comes into the licensee's possession, commingling funds of others with the licensee's own or failing to keep the funds of others in an escrow or trustee account; provided, however, that nothing in this section shall be construed to require an auto auction as defined in § 55-17-102(1)(A) to maintain or use an escrow account when the auction does not accept and deposit funds of others; (5) Paying valuable consideration to any person for services performed in violation of this chapter; (6) Being convicted in a court of competent jurisdiction of this or any other state, or of the United States, of a criminal offense involving moral turpitude or a felony. However, an action taken under this subdivision (b)(6) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title; (7) Violating any provision of this chapter, or any rule or regulation duly promulgated under this chapter; (8) Failing to furnish voluntarily to all interested parties, at the time of execution, copies of all written instruments prepared by the auctioneer or affiliate auctioneer; (9) Failing prior to the sale at public auction to enter into a written contract with the owner or consignee of any property to be sold, containing the terms and conditions upon which the licensee receives the property for sale; (10) Engaging in the business of auctioning real property without being duly licensed as a broker or affiliate broker under the Tennessee Real Estate Broker License Act of 1973, compiled in chapter 13 of this title; (11) Knowingly using false bidders, cappers or pullers; (12) Any conduct of any auctioneer that demonstrates improper, fraudulent, incompetent or dishonest dealings; (13) Violating title 55, chapter 17, or any rule duly promulgated under title 55, chapter 17, pertaining to the sale or auction of motor vehicles; or (14) Negotiating or executing an auction contract to sell goods, take possession of seller assets, or take possession of auction proceeds as a bid caller auctioneer licensee.
(1) Making any substantial misrepresentation including, but not limited to, individuals licensed solely as bid caller auctioneers who hold themselves out to others as principal auctioneers or public automobile auctioneers;
(2) Pursuing a continued and flagrant course of misrepresentation or making false promises through agents or advertising or otherwise;
(3) Accepting valuable consideration as an affiliate auctioneer for the performance of any of the acts specified in this chapter, from any person, except the licensee's employer auctioneer;
(4) Failing to account for or remit, within a reasonable time, any money belonging to others that comes into the licensee's possession, commingling funds of others with the licensee's own or failing to keep the funds of others in an escrow or trustee account; provided, however, that nothing in this section shall be construed to require an auto auction as defined in § 55-17-102(1)(A) to maintain or use an escrow account when the auction does not accept and deposit funds of others;
(5) Paying valuable consideration to any person for services performed in violation of this chapter;
(6) Being convicted in a court of competent jurisdiction of this or any other state, or of the United States, of a criminal offense involving moral turpitude or a felony. However, an action taken under this subdivision (b)(6) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title;
(7) Violating any provision of this chapter, or any rule or regulation duly promulgated under this chapter;
(8) Failing to furnish voluntarily to all interested parties, at the time of execution, copies of all written instruments prepared by the auctioneer or affiliate auctioneer;
(9) Failing prior to the sale at public auction to enter into a written contract with the owner or consignee of any property to be sold, containing the terms and conditions upon which the licensee receives the property for sale;
(10) Engaging in the business of auctioning real property without being duly licensed as a broker or affiliate broker under the Tennessee Real Estate Broker License Act of 1973, compiled in chapter 13 of this title;
(11) Knowingly using false bidders, cappers or pullers;
(12) Any conduct of any auctioneer that demonstrates improper, fraudulent, incompetent or dishonest dealings;
(13) Violating title 55, chapter 17, or any rule duly promulgated under title 55, chapter 17, pertaining to the sale or auction of motor vehicles; or
(14) Negotiating or executing an auction contract to sell goods, take possession of seller assets, or take possession of auction proceeds as a bid caller auctioneer licensee.
(c) The affirmative vote of a majority of the commission shall be necessary to revoke or suspend a license.
(d) An auctioneer or affiliate auctioneer may retire the auctioneer's or affiliate auctioneer's license by making such request in writing and paying the appropriate fees set by the commission. The written request must be accompanied by the license certificate and pocket card. The retiree shall be responsible for notifying the commission of any change in address. Only licenses that are current and in good standing with the commission may be retired.
Amended by 2019 Tenn. Acts, ch. 471, Secs.s 12, s 13eff. 7/1/2019.
Amended by 2019 Tenn. Acts, ch. 471, s 11, eff. 7/1/2019.
Amended by 2018 Tenn. Acts, ch. 745, s 12, eff. 7/1/2018.
Acts 1967, ch. 335, §§ 13, 14; 1976, ch. 824, § 6; 1980, ch. 451, §§ 6, 7; 1980, ch. 716, §§1, 2; T.C.A., §§ 62-1913, 62-1914; Acts 1983, ch. 250, §§ 9-11; 1986, ch. 915, §§ 4, 5; 1989, ch. 171, § 1; 1991, ch. 359, § 1; 1999, ch. 358, §7; 2003 , ch. 159, § 2.
Tenn. Code Ann. § 62-1-104 — TN Code / Title 62 / Chapter 1 / Section 62-1-104
State board of accountancy - Creation - Membership - Terms
Status: in_force

(a) There is created a state board of accountancy. (b) (1) The board shall be composed of eleven (11) members appointed by the governor. (2) Nine (9) of the members shall be certified public accountants holding a certificate issued by, and residing in, this state. (3) Appointments of certified public accountants to the board shall be made in a manner so as to provide equal representation from each of the three (3) grand divisions of this state. (4) One (1) member shall be an attorney licensed to practice in the highest court of the state. (5) One (1) member shall be a public member possessing expertise in one (1) or more significant portions of the board's regulated activities. (6) Neither the attorney nor the public member shall be the holder of a certified public accountant's certificate or a license to practice as a public accountant. (7) The public member must be a resident of this state and have reached the age of majority prior to appointment. (8) Certified public accountants shall be appointed to the board by the governor from a list of qualified certified public accountants submitted by the Tennessee Society of Certified Public Accountants. (9) In making appointments to the board, the governor shall strive to ensure that at least one (1) person serving on the board is sixty (60) years of age or older and that at least one (1) person serving on the board is a member of a racial minority. (c) (1) Each board member's term shall be for three (3) years. (2) Members of the board shall not be eligible to serve more than three (3) successive complete terms. (3) Vacancies occurring during a term shall be filled by appointment for the unexpired term. (4) Upon expiration of a member's term of office, the member shall continue to serve until a successor is appointed. (5) The governor shall remove from the board any member for neglect of duty or other just cause. Acts 1980, ch. 518, § 4; 1988, ch. 1013, § 26; 1989, ch. 443, § 2; 1997, ch. 68, § 3.
(a) There is created a state board of accountancy.
(b) (1) The board shall be composed of eleven (11) members appointed by the governor. (2) Nine (9) of the members shall be certified public accountants holding a certificate issued by, and residing in, this state. (3) Appointments of certified public accountants to the board shall be made in a manner so as to provide equal representation from each of the three (3) grand divisions of this state. (4) One (1) member shall be an attorney licensed to practice in the highest court of the state. (5) One (1) member shall be a public member possessing expertise in one (1) or more significant portions of the board's regulated activities. (6) Neither the attorney nor the public member shall be the holder of a certified public accountant's certificate or a license to practice as a public accountant. (7) The public member must be a resident of this state and have reached the age of majority prior to appointment. (8) Certified public accountants shall be appointed to the board by the governor from a list of qualified certified public accountants submitted by the Tennessee Society of Certified Public Accountants. (9) In making appointments to the board, the governor shall strive to ensure that at least one (1) person serving on the board is sixty (60) years of age or older and that at least one (1) person serving on the board is a member of a racial minority.
(1) The board shall be composed of eleven (11) members appointed by the governor.
(2) Nine (9) of the members shall be certified public accountants holding a certificate issued by, and residing in, this state.
(3) Appointments of certified public accountants to the board shall be made in a manner so as to provide equal representation from each of the three (3) grand divisions of this state.
(4) One (1) member shall be an attorney licensed to practice in the highest court of the state.
(5) One (1) member shall be a public member possessing expertise in one (1) or more significant portions of the board's regulated activities.
(6) Neither the attorney nor the public member shall be the holder of a certified public accountant's certificate or a license to practice as a public accountant.
(7) The public member must be a resident of this state and have reached the age of majority prior to appointment.
(8) Certified public accountants shall be appointed to the board by the governor from a list of qualified certified public accountants submitted by the Tennessee Society of Certified Public Accountants.
(9) In making appointments to the board, the governor shall strive to ensure that at least one (1) person serving on the board is sixty (60) years of age or older and that at least one (1) person serving on the board is a member of a racial minority.
(c) (1) Each board member's term shall be for three (3) years. (2) Members of the board shall not be eligible to serve more than three (3) successive complete terms. (3) Vacancies occurring during a term shall be filled by appointment for the unexpired term. (4) Upon expiration of a member's term of office, the member shall continue to serve until a successor is appointed. (5) The governor shall remove from the board any member for neglect of duty or other just cause.
(1) Each board member's term shall be for three (3) years.
(2) Members of the board shall not be eligible to serve more than three (3) successive complete terms.
(3) Vacancies occurring during a term shall be filled by appointment for the unexpired term.
(4) Upon expiration of a member's term of office, the member shall continue to serve until a successor is appointed.
(5) The governor shall remove from the board any member for neglect of duty or other just cause.
Acts 1980, ch. 518, § 4; 1988, ch. 1013, § 26; 1989, ch. 443, § 2; 1997, ch. 68, § 3.
Tenn. Code Ann. § 62-13-309 — TN Code / Title 62 / Chapter 13 / Section 62-13-309
Business locations - Display of license - Signs
Status: in_force

(a) (1) (A) Each office shall have a real estate firm license, a principal broker and a fixed location with adequate facilities for affiliated licensees, located to conform with zoning laws and ordinances. (B) Each branch location shall comply with the requirements of subdivision (a)(1)(A). (2) The license of a broker and of each affiliate broker under contract to the broker shall be displayed or otherwise available for public inspection, in electronic form or hard copy, at the broker's principal place of business. (3) Within ten (10) days after any change of location of the office, the principal broker registered at that office shall notify the commission in writing of the office's new business address and shall pay the fee established in § 62-13-308 . The new address shall be considered the new business address for all brokers or affiliate brokers associated with the location unless any such brokers or affiliate brokers otherwise notify the commission of a new business address through a change of affiliation, termination of affiliation, or by other means acceptable to the commission. (b) (1) Each licensed broker shall maintain a sign on the outside of the broker's office of the size and content that local ordinances and the commission prescribe, which shall clearly state that the broker is engaged in the real estate business. (2) In making application for a license or for a change of location, the licensee shall verify, in writing, that the licensee's office conforms with zoning laws and ordinances. (3) The maintenance of the broker's office in the broker's home shall not relieve the broker from the requirement of having a sign outside of the house as required in this subsection (b). (4) Affiliate brokers are not required to display signs at the office of their brokers. (c) The requirements of subsections (a) and (b) may be waived in cases of certain unusual geographical circumstances. (d) (1) If the applicant for a broker's license maintains more than one (1) place of business within the state, the applicant shall apply for and obtain an additional firm license for each branch office. (2) Every application shall state the location of the branch office and the name of the person in charge of it. (3) Each branch office shall be under the direction and supervision of a broker licensed at that address. (e) No more than one (1) license shall be issued to any broker or affiliate broker to be in effect at one (1) time. (f) Upon original application for a firm license and each renewal of the license, the firm shall provide proof of the establishment of the firm's escrow account satisfactory to the commission. (g) A principal broker may act as a principal broker for two (2) firms as long as both firms are in the same location. As used in this subsection (g), "the same location" means that both firms are located at and use the same physical address. Amended by 2021 Tenn. Acts, ch. 549, s 29, eff. 10/1/2021. Amended by 2017 Tenn. Acts, ch. 226, s 6, eff. 7/1/2017. Acts 1973, ch. 181, § 12(a), (b), (d); T.C.A., § 62-1323; Acts 1982, ch. 864, § 16; 1988, ch. 919, §§ 5, 6; 1989, ch. 324, §§ 4, 5; 2009 , ch. 97, § 1.
(a) (1) (A) Each office shall have a real estate firm license, a principal broker and a fixed location with adequate facilities for affiliated licensees, located to conform with zoning laws and ordinances. (B) Each branch location shall comply with the requirements of subdivision (a)(1)(A). (2) The license of a broker and of each affiliate broker under contract to the broker shall be displayed or otherwise available for public inspection, in electronic form or hard copy, at the broker's principal place of business. (3) Within ten (10) days after any change of location of the office, the principal broker registered at that office shall notify the commission in writing of the office's new business address and shall pay the fee established in § 62-13-308 . The new address shall be considered the new business address for all brokers or affiliate brokers associated with the location unless any such brokers or affiliate brokers otherwise notify the commission of a new business address through a change of affiliation, termination of affiliation, or by other means acceptable to the commission.
(1) (A) Each office shall have a real estate firm license, a principal broker and a fixed location with adequate facilities for affiliated licensees, located to conform with zoning laws and ordinances. (B) Each branch location shall comply with the requirements of subdivision (a)(1)(A).
(A) Each office shall have a real estate firm license, a principal broker and a fixed location with adequate facilities for affiliated licensees, located to conform with zoning laws and ordinances.
(B) Each branch location shall comply with the requirements of subdivision (a)(1)(A).
(2) The license of a broker and of each affiliate broker under contract to the broker shall be displayed or otherwise available for public inspection, in electronic form or hard copy, at the broker's principal place of business.
(3) Within ten (10) days after any change of location of the office, the principal broker registered at that office shall notify the commission in writing of the office's new business address and shall pay the fee established in § 62-13-308 . The new address shall be considered the new business address for all brokers or affiliate brokers associated with the location unless any such brokers or affiliate brokers otherwise notify the commission of a new business address through a change of affiliation, termination of affiliation, or by other means acceptable to the commission.
(b) (1) Each licensed broker shall maintain a sign on the outside of the broker's office of the size and content that local ordinances and the commission prescribe, which shall clearly state that the broker is engaged in the real estate business. (2) In making application for a license or for a change of location, the licensee shall verify, in writing, that the licensee's office conforms with zoning laws and ordinances. (3) The maintenance of the broker's office in the broker's home shall not relieve the broker from the requirement of having a sign outside of the house as required in this subsection (b). (4) Affiliate brokers are not required to display signs at the office of their brokers.
(1) Each licensed broker shall maintain a sign on the outside of the broker's office of the size and content that local ordinances and the commission prescribe, which shall clearly state that the broker is engaged in the real estate business.
(2) In making application for a license or for a change of location, the licensee shall verify, in writing, that the licensee's office conforms with zoning laws and ordinances.
(3) The maintenance of the broker's office in the broker's home shall not relieve the broker from the requirement of having a sign outside of the house as required in this subsection (b).
(4) Affiliate brokers are not required to display signs at the office of their brokers.
(c) The requirements of subsections (a) and (b) may be waived in cases of certain unusual geographical circumstances.
(d) (1) If the applicant for a broker's license maintains more than one (1) place of business within the state, the applicant shall apply for and obtain an additional firm license for each branch office. (2) Every application shall state the location of the branch office and the name of the person in charge of it. (3) Each branch office shall be under the direction and supervision of a broker licensed at that address.
(1) If the applicant for a broker's license maintains more than one (1) place of business within the state, the applicant shall apply for and obtain an additional firm license for each branch office.
(2) Every application shall state the location of the branch office and the name of the person in charge of it.
(3) Each branch office shall be under the direction and supervision of a broker licensed at that address.
(e) No more than one (1) license shall be issued to any broker or affiliate broker to be in effect at one (1) time.
(f) Upon original application for a firm license and each renewal of the license, the firm shall provide proof of the establishment of the firm's escrow account satisfactory to the commission.
(g) A principal broker may act as a principal broker for two (2) firms as long as both firms are in the same location. As used in this subsection (g), "the same location" means that both firms are located at and use the same physical address.
Amended by 2021 Tenn. Acts, ch. 549, s 29, eff. 10/1/2021.
Amended by 2017 Tenn. Acts, ch. 226, s 6, eff. 7/1/2017.
Acts 1973, ch. 181, § 12(a), (b), (d); T.C.A., § 62-1323; Acts 1982, ch. 864, § 16; 1988, ch. 919, §§ 5, 6; 1989, ch. 324, §§ 4, 5; 2009 , ch. 97, § 1.
Tenn. Code Ann. § 62-13-303 — TN Code / Title 62 / Chapter 13 / Section 62-13-303
Qualifications - Prerequisites for licensing
Status: in_force

(a) (1) Licenses shall be granted only to persons who bear a good reputation for honesty, trustworthiness, integrity and competence to transact the business of broker, affiliate broker or time-share salesperson in a manner to safeguard the interest of the public and only after satisfactory proof of such qualifications has been presented to the commission. No license shall be denied any person because of race, color, religion, sex or national origin. (2) All applicants for an affiliate real estate broker's license must provide adequate proof to the commission that they have a high school degree or a high school equivalency credential approved by the state board of education. (3) (A) All affiliate brokers must complete a Tennessee real estate commission-approved thirty (30) hours of education in specified areas, including contract writing, handling consumer deposits, listing property, agency disclosures or other areas designated by the commission within six (6) months of obtaining their affiliate broker's license. Notwithstanding any other provision contained in this chapter, if the required thirty (30) hours of education are not obtained and proof of compliance provided to the commission within the six-month period, the affiliate broker's license shall automatically expire at the end of the six-month period. (B) The education requirements specified in this subsection (a), in addition to any other education requirements specified in this chapter to be completed by an applicant prior to licensure, shall be completed by an applicant for an affiliate broker's license prior to the original license being issued. This education requirement is in addition to any continuing education requirements specified in this chapter or the rules of the commission. (b) Any person who desires an affiliate broker's license shall submit an application for examination to the commission on the prescribed form. The application shall be accompanied by: (1) The fee specified in § 62-13-308 ; and (2) Certification of satisfactory completion by the applicant of sixty (60) classroom hours in real estate at a school, college or university approved by the commission, including thirty (30) classroom hours covering the basic principles of real estate. (c) Any person who desires a broker's license shall submit an application for examination to the commission on the prescribed form. The application shall be accompanied by: (1) The fee specified in § 62-13-308 ; (2) Certification of satisfactory completion by the applicant of one hundred twenty (120) classroom hours in real estate, before or after receipt of an affiliate broker's license, at a school, college or university approved by the commission, including thirty (30) classroom hours covering office or brokerage management; and (3) (A) If the applicant was licensed as an affiliate broker after May 12, 1988, satisfactory proof that the applicant has held an active real estate license for at least thirty-six (36) months, or, if the applicant holds a baccalaureate degree with a major in real estate, for at least twenty-four (24) months; or (B) If the applicant was licensed as an affiliate broker on or before May 12, 1988, satisfactory proof that the applicant has been engaged as a real estate licensee for at least twenty-four (24) months, or, if the applicant holds a baccalaureate degree with a major in real estate, for at least twelve (12) months. (d) Each applicant who passes the examination shall submit an application for the appropriate license to the commission. If such application is not filed within six (6) months after the date of the examination passed, the applicant must retake and pass the examination in order to be eligible for a license. (e) An application for an affiliate broker's license shall be accompanied by: (1) The fee specified in § 62-13-308 ; (2) Satisfactory proof that the applicant is at least eighteen (18) years of age; and (3) A sworn statement by the broker with whom the applicant desires to be affiliated certifying that, in the broker's opinion, the applicant is honest and trustworthy and that the broker will actively supervise and train the applicant during the period the license remains in effect. (f) An application for a broker's license shall be accompanied by: (1) The fee specified in § 62-13-308 ; and (2) Satisfactory proof that the applicant is at least eighteen (18) years of age. (g) Every two (2) years, as a requisite for the reissuance of an affiliate broker's license originally issued on or after July 1, 1980, the affiliate broker shall furnish certification of satisfactory completion of sixteen (16) classroom hours in real estate courses at any school, college or university approved by the commission. (h) Within a period of three (3) years from the date of issuance of an original broker's license, the licensee shall, as a requisite for the reissuance of the license, furnish certification of satisfactory completion of an additional one hundred twenty (120) classroom hours in real estate at any school, college or university approved by the commission. Beginning with the license period immediately following the license period in which the licensee completes the one hundred twenty (120) hours of education specified in this subsection (h), the licensee of a broker's license originally issued after January 1, 2005, every two (2) years shall furnish certification of satisfactory completion of sixteen (16) classroom hours in real estate courses at any school, college or university approved by the commission as a requisite for the reissuance of the license. (i) The commission shall, at least six (6) months prior to the deadline for furnishing the certification required by subsections (g) and (h), notify each licensee from whom the certification has not been received. (j) Any person who desires a time-share salesperson license shall submit an application for examination and license to the commission on the prescribed form. The application shall be accompanied by: (1) The fees specified in § 62-13-308 for examination and license; (2) Satisfactory proof that the applicant is at least eighteen (18) years of age; (3) A sworn statement by the broker with whom the applicant desires to be affiliated certifying that, in the broker's opinion, the applicant is honest and trustworthy and that the broker will actively supervise and train the applicant during the period the license remains in effect; and (4) Certification, by the broker with whom the applicant desires to be affiliated, stating that the applicant has completed a thirty (30) hour training program consisting of instruction in the fundamentals of the Tennessee Time-Share Act, compiled in title 66, chapter 32, part 1, and related topics. (k) (1) Any person who desires an acquisition agent license shall submit an application for examination and license to the commission on the prescribed form. (2) The application shall be accompanied by: (A) The fees specified in § 62-13-308 for examination and license; (B) Proof satisfactory to the commission that the applicant is at least eighteen (18) years of age; and (C) Proof satisfactory to the commission that the applicant is of good moral character. (3) Compliance by an acquisition agent with the licensing requirements of this section shall constitute compliance with the registration requirements contained in § 66-32-139 . (l) (1) The commission shall require all applicants for initial licensure issued under this chapter, including, but not limited to, a time-share license, on or after January 1, 2014, to submit a complete and legible set of fingerprints, on a form prescribed by the commission or in such electronic format as the commission may require, to the commission or to the Tennessee bureau of investigation for the purpose of obtaining a criminal background check from the Tennessee bureau of investigation and the federal bureau of investigation. (2) The commission shall refuse to issue a license to an applicant for initial licensure who does not comply with subdivision ( l ) (1); provided, that a licensee who requests to renew an existing license issued under this chapter, or obtain a broker license after being licensed as an affiliate broker, shall not be required to submit a set of fingerprints pursuant to this subsection ( l ) . (3) The commission shall conduct a criminal background check of each applicant described in subdivision ( l ) (1) by using information: (A) Provided by the applicant under this subsection ( l ) ; and (B) Made available to the commission by the Tennessee bureau of investigation, the federal bureau of investigation and any other criminal justice agency. (4) The commission may: (A) Enter into an agreement with the Tennessee bureau of investigation to administer a criminal background check required under this subsection ( l ) ; and (B) Authorize the Tennessee bureau of investigation to collect from the applicant the costs incurred by the department in conducting the criminal background check. Amended by 2023 Tenn. Acts, ch. 114,s 46, eff. 7/1/2023. Amended by 2021 Tenn. Acts, ch. 549, Secs.s 27, s 28 eff. 10/1/2021. Amended by 2021 Tenn. Acts, ch. 549, s 26, eff. 10/1/2021. Amended by 2013 Tenn. Acts, ch. 420, s 1, eff. 1/1/2014. Acts 1973, ch. 181, § 8(a)-(f); 1980, ch. 707, § 1; T.C.A., § 62-1316; Acts 1982, ch. 589, § 3; 1982, ch. 864, §§ 1-4; 1984, ch. 810, § 1; 1987, ch. 419, § 3; 1988, ch. 919, §§ 2, 3; 1989, ch. 89, §§ 8, 9; 1989, ch. 242, § 1; 1989, ch. 324, § 3; 1993, ch. 103, §§ 1, 2; 2002, ch. 812, § 5; 2003 , ch. 233, § 1; 2003 , ch. 234, § 1.
(a) (1) Licenses shall be granted only to persons who bear a good reputation for honesty, trustworthiness, integrity and competence to transact the business of broker, affiliate broker or time-share salesperson in a manner to safeguard the interest of the public and only after satisfactory proof of such qualifications has been presented to the commission. No license shall be denied any person because of race, color, religion, sex or national origin. (2) All applicants for an affiliate real estate broker's license must provide adequate proof to the commission that they have a high school degree or a high school equivalency credential approved by the state board of education. (3) (A) All affiliate brokers must complete a Tennessee real estate commission-approved thirty (30) hours of education in specified areas, including contract writing, handling consumer deposits, listing property, agency disclosures or other areas designated by the commission within six (6) months of obtaining their affiliate broker's license. Notwithstanding any other provision contained in this chapter, if the required thirty (30) hours of education are not obtained and proof of compliance provided to the commission within the six-month period, the affiliate broker's license shall automatically expire at the end of the six-month period. (B) The education requirements specified in this subsection (a), in addition to any other education requirements specified in this chapter to be completed by an applicant prior to licensure, shall be completed by an applicant for an affiliate broker's license prior to the original license being issued. This education requirement is in addition to any continuing education requirements specified in this chapter or the rules of the commission.
(1) Licenses shall be granted only to persons who bear a good reputation for honesty, trustworthiness, integrity and competence to transact the business of broker, affiliate broker or time-share salesperson in a manner to safeguard the interest of the public and only after satisfactory proof of such qualifications has been presented to the commission. No license shall be denied any person because of race, color, religion, sex or national origin.
(2) All applicants for an affiliate real estate broker's license must provide adequate proof to the commission that they have a high school degree or a high school equivalency credential approved by the state board of education.
(3) (A) All affiliate brokers must complete a Tennessee real estate commission-approved thirty (30) hours of education in specified areas, including contract writing, handling consumer deposits, listing property, agency disclosures or other areas designated by the commission within six (6) months of obtaining their affiliate broker's license. Notwithstanding any other provision contained in this chapter, if the required thirty (30) hours of education are not obtained and proof of compliance provided to the commission within the six-month period, the affiliate broker's license shall automatically expire at the end of the six-month period. (B) The education requirements specified in this subsection (a), in addition to any other education requirements specified in this chapter to be completed by an applicant prior to licensure, shall be completed by an applicant for an affiliate broker's license prior to the original license being issued. This education requirement is in addition to any continuing education requirements specified in this chapter or the rules of the commission.
(A) All affiliate brokers must complete a Tennessee real estate commission-approved thirty (30) hours of education in specified areas, including contract writing, handling consumer deposits, listing property, agency disclosures or other areas designated by the commission within six (6) months of obtaining their affiliate broker's license. Notwithstanding any other provision contained in this chapter, if the required thirty (30) hours of education are not obtained and proof of compliance provided to the commission within the six-month period, the affiliate broker's license shall automatically expire at the end of the six-month period.
(B) The education requirements specified in this subsection (a), in addition to any other education requirements specified in this chapter to be completed by an applicant prior to licensure, shall be completed by an applicant for an affiliate broker's license prior to the original license being issued. This education requirement is in addition to any continuing education requirements specified in this chapter or the rules of the commission.
(b) Any person who desires an affiliate broker's license shall submit an application for examination to the commission on the prescribed form. The application shall be accompanied by: (1) The fee specified in § 62-13-308 ; and (2) Certification of satisfactory completion by the applicant of sixty (60) classroom hours in real estate at a school, college or university approved by the commission, including thirty (30) classroom hours covering the basic principles of real estate.
(1) The fee specified in § 62-13-308 ; and
(2) Certification of satisfactory completion by the applicant of sixty (60) classroom hours in real estate at a school, college or university approved by the commission, including thirty (30) classroom hours covering the basic principles of real estate.
(c) Any person who desires a broker's license shall submit an application for examination to the commission on the prescribed form. The application shall be accompanied by: (1) The fee specified in § 62-13-308 ; (2) Certification of satisfactory completion by the applicant of one hundred twenty (120) classroom hours in real estate, before or after receipt of an affiliate broker's license, at a school, college or university approved by the commission, including thirty (30) classroom hours covering office or brokerage management; and (3) (A) If the applicant was licensed as an affiliate broker after May 12, 1988, satisfactory proof that the applicant has held an active real estate license for at least thirty-six (36) months, or, if the applicant holds a baccalaureate degree with a major in real estate, for at least twenty-four (24) months; or (B) If the applicant was licensed as an affiliate broker on or before May 12, 1988, satisfactory proof that the applicant has been engaged as a real estate licensee for at least twenty-four (24) months, or, if the applicant holds a baccalaureate degree with a major in real estate, for at least twelve (12) months.
(1) The fee specified in § 62-13-308 ;
(2) Certification of satisfactory completion by the applicant of one hundred twenty (120) classroom hours in real estate, before or after receipt of an affiliate broker's license, at a school, college or university approved by the commission, including thirty (30) classroom hours covering office or brokerage management; and
(3) (A) If the applicant was licensed as an affiliate broker after May 12, 1988, satisfactory proof that the applicant has held an active real estate license for at least thirty-six (36) months, or, if the applicant holds a baccalaureate degree with a major in real estate, for at least twenty-four (24) months; or (B) If the applicant was licensed as an affiliate broker on or before May 12, 1988, satisfactory proof that the applicant has been engaged as a real estate licensee for at least twenty-four (24) months, or, if the applicant holds a baccalaureate degree with a major in real estate, for at least twelve (12) months.
(A) If the applicant was licensed as an affiliate broker after May 12, 1988, satisfactory proof that the applicant has held an active real estate license for at least thirty-six (36) months, or, if the applicant holds a baccalaureate degree with a major in real estate, for at least twenty-four (24) months; or
(B) If the applicant was licensed as an affiliate broker on or before May 12, 1988, satisfactory proof that the applicant has been engaged as a real estate licensee for at least twenty-four (24) months, or, if the applicant holds a baccalaureate degree with a major in real estate, for at least twelve (12) months.
(d) Each applicant who passes the examination shall submit an application for the appropriate license to the commission. If such application is not filed within six (6) months after the date of the examination passed, the applicant must retake and pass the examination in order to be eligible for a license.
(e) An application for an affiliate broker's license shall be accompanied by: (1) The fee specified in § 62-13-308 ; (2) Satisfactory proof that the applicant is at least eighteen (18) years of age; and (3) A sworn statement by the broker with whom the applicant desires to be affiliated certifying that, in the broker's opinion, the applicant is honest and trustworthy and that the broker will actively supervise and train the applicant during the period the license remains in effect.
(1) The fee specified in § 62-13-308 ;
(2) Satisfactory proof that the applicant is at least eighteen (18) years of age; and
(3) A sworn statement by the broker with whom the applicant desires to be affiliated certifying that, in the broker's opinion, the applicant is honest and trustworthy and that the broker will actively supervise and train the applicant during the period the license remains in effect.
(f) An application for a broker's license shall be accompanied by: (1) The fee specified in § 62-13-308 ; and (2) Satisfactory proof that the applicant is at least eighteen (18) years of age.
(1) The fee specified in § 62-13-308 ; and
(2) Satisfactory proof that the applicant is at least eighteen (18) years of age.
(g) Every two (2) years, as a requisite for the reissuance of an affiliate broker's license originally issued on or after July 1, 1980, the affiliate broker shall furnish certification of satisfactory completion of sixteen (16) classroom hours in real estate courses at any school, college or university approved by the commission.
(h) Within a period of three (3) years from the date of issuance of an original broker's license, the licensee shall, as a requisite for the reissuance of the license, furnish certification of satisfactory completion of an additional one hundred twenty (120) classroom hours in real estate at any school, college or university approved by the commission. Beginning with the license period immediately following the license period in which the licensee completes the one hundred twenty (120) hours of education specified in this subsection (h), the licensee of a broker's license originally issued after January 1, 2005, every two (2) years shall furnish certification of satisfactory completion of sixteen (16) classroom hours in real estate courses at any school, college or university approved by the commission as a requisite for the reissuance of the license.
(i) The commission shall, at least six (6) months prior to the deadline for furnishing the certification required by subsections (g) and (h), notify each licensee from whom the certification has not been received.
(j) Any person who desires a time-share salesperson license shall submit an application for examination and license to the commission on the prescribed form. The application shall be accompanied by: (1) The fees specified in § 62-13-308 for examination and license; (2) Satisfactory proof that the applicant is at least eighteen (18) years of age; (3) A sworn statement by the broker with whom the applicant desires to be affiliated certifying that, in the broker's opinion, the applicant is honest and trustworthy and that the broker will actively supervise and train the applicant during the period the license remains in effect; and (4) Certification, by the broker with whom the applicant desires to be affiliated, stating that the applicant has completed a thirty (30) hour training program consisting of instruction in the fundamentals of the Tennessee Time-Share Act, compiled in title 66, chapter 32, part 1, and related topics.
(1) The fees specified in § 62-13-308 for examination and license;
(2) Satisfactory proof that the applicant is at least eighteen (18) years of age;
(3) A sworn statement by the broker with whom the applicant desires to be affiliated certifying that, in the broker's opinion, the applicant is honest and trustworthy and that the broker will actively supervise and train the applicant during the period the license remains in effect; and
(4) Certification, by the broker with whom the applicant desires to be affiliated, stating that the applicant has completed a thirty (30) hour training program consisting of instruction in the fundamentals of the Tennessee Time-Share Act, compiled in title 66, chapter 32, part 1, and related topics.
(k) (1) Any person who desires an acquisition agent license shall submit an application for examination and license to the commission on the prescribed form. (2) The application shall be accompanied by: (A) The fees specified in § 62-13-308 for examination and license; (B) Proof satisfactory to the commission that the applicant is at least eighteen (18) years of age; and (C) Proof satisfactory to the commission that the applicant is of good moral character. (3) Compliance by an acquisition agent with the licensing requirements of this section shall constitute compliance with the registration requirements contained in § 66-32-139 .
(1) Any person who desires an acquisition agent license shall submit an application for examination and license to the commission on the prescribed form.
(2) The application shall be accompanied by: (A) The fees specified in § 62-13-308 for examination and license; (B) Proof satisfactory to the commission that the applicant is at least eighteen (18) years of age; and (C) Proof satisfactory to the commission that the applicant is of good moral character.
(A) The fees specified in § 62-13-308 for examination and license;
(B) Proof satisfactory to the commission that the applicant is at least eighteen (18) years of age; and
(C) Proof satisfactory to the commission that the applicant is of good moral character.
(3) Compliance by an acquisition agent with the licensing requirements of this section shall constitute compliance with the registration requirements contained in § 66-32-139 .
(l) (1) The commission shall require all applicants for initial licensure issued under this chapter, including, but not limited to, a time-share license, on or after January 1, 2014, to submit a complete and legible set of fingerprints, on a form prescribed by the commission or in such electronic format as the commission may require, to the commission or to the Tennessee bureau of investigation for the purpose of obtaining a criminal background check from the Tennessee bureau of investigation and the federal bureau of investigation. (2) The commission shall refuse to issue a license to an applicant for initial licensure who does not comply with subdivision ( l ) (1); provided, that a licensee who requests to renew an existing license issued under this chapter, or obtain a broker license after being licensed as an affiliate broker, shall not be required to submit a set of fingerprints pursuant to this subsection ( l ) . (3) The commission shall conduct a criminal background check of each applicant described in subdivision ( l ) (1) by using information: (A) Provided by the applicant under this subsection ( l ) ; and (B) Made available to the commission by the Tennessee bureau of investigation, the federal bureau of investigation and any other criminal justice agency. (4) The commission may: (A) Enter into an agreement with the Tennessee bureau of investigation to administer a criminal background check required under this subsection ( l ) ; and (B) Authorize the Tennessee bureau of investigation to collect from the applicant the costs incurred by the department in conducting the criminal background check.
(1) The commission shall require all applicants for initial licensure issued under this chapter, including, but not limited to, a time-share license, on or after January 1, 2014, to submit a complete and legible set of fingerprints, on a form prescribed by the commission or in such electronic format as the commission may require, to the commission or to the Tennessee bureau of investigation for the purpose of obtaining a criminal background check from the Tennessee bureau of investigation and the federal bureau of investigation.
(2) The commission shall refuse to issue a license to an applicant for initial licensure who does not comply with subdivision ( l ) (1); provided, that a licensee who requests to renew an existing license issued under this chapter, or obtain a broker license after being licensed as an affiliate broker, shall not be required to submit a set of fingerprints pursuant to this subsection ( l ) .
(3) The commission shall conduct a criminal background check of each applicant described in subdivision ( l ) (1) by using information: (A) Provided by the applicant under this subsection ( l ) ; and (B) Made available to the commission by the Tennessee bureau of investigation, the federal bureau of investigation and any other criminal justice agency.
(A) Provided by the applicant under this subsection ( l ) ; and
(B) Made available to the commission by the Tennessee bureau of investigation, the federal bureau of investigation and any other criminal justice agency.
(4) The commission may: (A) Enter into an agreement with the Tennessee bureau of investigation to administer a criminal background check required under this subsection ( l ) ; and (B) Authorize the Tennessee bureau of investigation to collect from the applicant the costs incurred by the department in conducting the criminal background check.
(A) Enter into an agreement with the Tennessee bureau of investigation to administer a criminal background check required under this subsection ( l ) ; and
(B) Authorize the Tennessee bureau of investigation to collect from the applicant the costs incurred by the department in conducting the criminal background check.
Amended by 2023 Tenn. Acts, ch. 114,s 46, eff. 7/1/2023.
Amended by 2021 Tenn. Acts, ch. 549, Secs.s 27, s 28 eff. 10/1/2021.
Amended by 2021 Tenn. Acts, ch. 549, s 26, eff. 10/1/2021.
Amended by 2013 Tenn. Acts, ch. 420, s 1, eff. 1/1/2014.
Acts 1973, ch. 181, § 8(a)-(f); 1980, ch. 707, § 1; T.C.A., § 62-1316; Acts 1982, ch. 589, § 3; 1982, ch. 864, §§ 1-4; 1984, ch. 810, § 1; 1987, ch. 419, § 3; 1988, ch. 919, §§ 2, 3; 1989, ch. 89, §§ 8, 9; 1989, ch. 242, § 1; 1989, ch. 324, § 3; 1993, ch. 103, §§ 1, 2; 2002, ch. 812, § 5; 2003 , ch. 233, § 1; 2003 , ch. 234, § 1.
Tenn. Code Ann. § 62-5-703 — TN Code / Title 62 / Chapter 5 / Section 62-5-703
Order in which rights to control vest
Status: in_force

Except as set forth in § 62-5-704 , and in the absence of disposition directions or a pre-need funeral contract, the right to control the disposition of the decedent's remains, the location, manner and conditions of disposition, and arrangements for funeral goods and services to be provided vests in the following persons in the order named; provided, that such person is a qualified adult: (1) An attorney in fact designated in a durable power of attorney for health care who is acting pursuant to § 34-6-204 ; (2) The surviving spouse; (3) The sole surviving child of the decedent, or if there is more than one (1) child of the decedent, the majority of the surviving children. However, less than one half (1/2) of the surviving children shall be vested with the rights of this section if they have used reasonable efforts to notify all other surviving children of their instructions and are not aware of any opposition to those instructions on the part of more than one half (1/2) of all surviving children; (4) The surviving parent of the decedent. If one (1) of the surviving parents is absent, the remaining parent shall be vested with the rights and duties of this section after reasonable efforts have been unsuccessful in locating the absent surviving parent; (5) The surviving sibling of the decedent, or if there is more than one (1) sibling of the decedent, the majority of the surviving siblings. However, less than the majority of surviving siblings shall be vested with the rights and duties of this section if they have used reasonable efforts to notify all other surviving siblings of their instructions and are not aware of any opposition to those instructions on the part of more than one half (1/2) of all surviving siblings; (6) The surviving grandchild of the decedent, or if there is more than one (1) surviving grandchild, the majority of the grandchildren. However, less than the majority of the surviving grandchildren shall be vested with the rights and duties of this section if they have used reasonable efforts to notify all other surviving grandchildren of their instructions and are not aware of any opposition to those instructions on the part of more than one half (1/2) of all surviving grandchildren; (7) The surviving grandparent of the decedent, or if there is more than one (1) surviving grandparent, the majority of the grandparents. However, less than the majority of the surviving grandparents shall be vested with the rights and duties of this section if they have used reasonable efforts to notify all other surviving grandparents of their instructions and are not aware of any opposition to those instructions on the part of more than one half (1/2) of all surviving grandparents; (8) The guardian of the person of the decedent at the time of the decedent's death, if one had been appointed; (9) The personal representative of the estate of the decedent; (10) The person in the classes of the next degree of kinship, in descending order, under the laws of descent and distribution to inherit the estate of the decedent. If there is more than one (1) person of the same degree, any person of that degree may exercise the right of disposition; (11) If the disposition of the remains of the decedent is the responsibility of the state or a political subdivision of the state, the public officer, administrator or employee responsible for arranging the final disposition of the decedent's remains; or (12) In the absence of any person listed in subdivisions (1)-(11), any other person willing to assume the responsibilities to act and arrange the final disposition of the decedent's remains, including the funeral director with custody of the body, after attesting in writing that a good faith effort has been made to no avail to contact the individuals listed in subdivisions (1)-(11). Acts 2012 , ch. 828, § 2.
Except as set forth in § 62-5-704 , and in the absence of disposition directions or a pre-need funeral contract, the right to control the disposition of the decedent's remains, the location, manner and conditions of disposition, and arrangements for funeral goods and services to be provided vests in the following persons in the order named; provided, that such person is a qualified adult:
(1) An attorney in fact designated in a durable power of attorney for health care who is acting pursuant to § 34-6-204 ;
(2) The surviving spouse;
(3) The sole surviving child of the decedent, or if there is more than one (1) child of the decedent, the majority of the surviving children. However, less than one half (1/2) of the surviving children shall be vested with the rights of this section if they have used reasonable efforts to notify all other surviving children of their instructions and are not aware of any opposition to those instructions on the part of more than one half (1/2) of all surviving children;
(4) The surviving parent of the decedent. If one (1) of the surviving parents is absent, the remaining parent shall be vested with the rights and duties of this section after reasonable efforts have been unsuccessful in locating the absent surviving parent;
(5) The surviving sibling of the decedent, or if there is more than one (1) sibling of the decedent, the majority of the surviving siblings. However, less than the majority of surviving siblings shall be vested with the rights and duties of this section if they have used reasonable efforts to notify all other surviving siblings of their instructions and are not aware of any opposition to those instructions on the part of more than one half (1/2) of all surviving siblings;
(6) The surviving grandchild of the decedent, or if there is more than one (1) surviving grandchild, the majority of the grandchildren. However, less than the majority of the surviving grandchildren shall be vested with the rights and duties of this section if they have used reasonable efforts to notify all other surviving grandchildren of their instructions and are not aware of any opposition to those instructions on the part of more than one half (1/2) of all surviving grandchildren;
(7) The surviving grandparent of the decedent, or if there is more than one (1) surviving grandparent, the majority of the grandparents. However, less than the majority of the surviving grandparents shall be vested with the rights and duties of this section if they have used reasonable efforts to notify all other surviving grandparents of their instructions and are not aware of any opposition to those instructions on the part of more than one half (1/2) of all surviving grandparents;
(8) The guardian of the person of the decedent at the time of the decedent's death, if one had been appointed;
(9) The personal representative of the estate of the decedent;
(10) The person in the classes of the next degree of kinship, in descending order, under the laws of descent and distribution to inherit the estate of the decedent. If there is more than one (1) person of the same degree, any person of that degree may exercise the right of disposition;
(11) If the disposition of the remains of the decedent is the responsibility of the state or a political subdivision of the state, the public officer, administrator or employee responsible for arranging the final disposition of the decedent's remains; or
(12) In the absence of any person listed in subdivisions (1)-(11), any other person willing to assume the responsibilities to act and arrange the final disposition of the decedent's remains, including the funeral director with custody of the body, after attesting in writing that a good faith effort has been made to no avail to contact the individuals listed in subdivisions (1)-(11).
Acts 2012 , ch. 828, § 2.
Tenn. Code Ann. § 62-5-415 — TN Code / Title 62 / Chapter 5 / Section 62-5-415
Violations
Status: in_force

A violation of this part is a Class C misdemeanor. Acts 2007, ch. 592, § 16.
A violation of this part is a Class C misdemeanor.
Acts 2007, ch. 592, § 16.
Tenn. Code Ann. § 62-2-108 — TN Code / Title 62 / Chapter 2 / Section 62-2-108
Hearings and judicial review
Status: in_force

The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, governs all matters and procedures respecting the hearing and judicial review of any contested case arising under this chapter. Acts 1980, ch. 451, § 11; T.C.A., § 62-237.
The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, governs all matters and procedures respecting the hearing and judicial review of any contested case arising under this chapter.
Acts 1980, ch. 451, § 11; T.C.A., § 62-237.
Tenn. Code Ann. § 62-32-103 — TN Code / Title 62 / Chapter 32 / Section 62-32-103
Administration of part - Rules - Testing materials
Status: in_force

(a) This part shall be administered by the department. (b) The state fire marshal may promulgate rules that are reasonably necessary to ensure the effective administration of this part. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (c) The National Institute for Certification in Engineering Technology (NICET) testing material shall be used to determine qualification to act as a responsible managing employee. The testing materials shall be reviewed for any changes by the department on an annual basis to determine their consistency with the purposes, goals and application of this part. Acts 1984, ch. 949, § 3; 1985, ch. 209, § 3; 2005, ch. 183, § 2.
(a) This part shall be administered by the department.
(b) The state fire marshal may promulgate rules that are reasonably necessary to ensure the effective administration of this part. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(c) The National Institute for Certification in Engineering Technology (NICET) testing material shall be used to determine qualification to act as a responsible managing employee. The testing materials shall be reviewed for any changes by the department on an annual basis to determine their consistency with the purposes, goals and application of this part.
Acts 1984, ch. 949, § 3; 1985, ch. 209, § 3; 2005, ch. 183, § 2.
Tenn. Code Ann. § 62-50-203 — TN Code / Title 62 / Chapter 50 / Section 62-50-203
Intentional conduct or gross negligence
Status: in_force

Nothing in this part grants civil immunity to a sports official who intentionally or by gross negligence inflicts injury or damage to a person or entity. Acts 1989, ch. 90, § 3.
Nothing in this part grants civil immunity to a sports official who intentionally or by gross negligence inflicts injury or damage to a person or entity.
Acts 1989, ch. 90, § 3.
Tenn. Code Ann. § 62-5-312 — TN Code / Title 62 / Chapter 5 / Section 62-5-312
Registration as an apprentice
Status: in_force

(a) When beginning the required apprenticeship, the person shall file an apprentice registration form with the board and shall pay a fee in the amount to be established by the board. The registration shall be valid for a period of three (3) years from the date of registration, or until the registrant has completed the apprenticeship requirements, whichever occurs first. (b) The apprentice registration form shall contain the name of the registrant, showing that the registrant: (1) Has attained eighteen (18) years of age; (2) Is a citizen of the United States or an individual enumerated in 8 U.S.C. § 1622(b) ; (3) Is of good moral character; (4) Has graduated from a high school or has earned a high school equivalency credential approved by the state board of education; and (5) Is a bona fide paid employee of an establishment working no less than thirty-two (32) hours per week in the presence of and under the direction and supervision of a licensed funeral director or embalmer. (c) All persons who are apprentice funeral directors, apprentice embalmers and mortuary school students registered by the board and who are in the process of fulfilling their apprenticeship and educational requirements on or before December 31, 2007, shall not be required to complete the apprenticeship requirements that become effective on January 1, 2008. The apprentices and mortuary school students shall complete all requirements to become licensed by the board as a funeral director or embalmer on or before June 30, 2011. (d) When beginning the required course of study, the person shall file a student registration form with the board and shall pay a fee in the amount to be established by the board. The registration shall be valid for a period of three (3) years from the date of registration, or until the registrant has completed the apprenticeship requirements, whichever occurs first. Amended by 2023 Tenn. Acts, ch. 114,s 44, eff. 7/1/2023. Amended by 2021 Tenn. Acts, ch. 549, s 14, eff. 10/1/2021. Amended by 2020 Tenn. Acts, ch. 625, s 3, eff. 3/25/2020. Amended by 2018 Tenn. Acts, ch. 651, Secs.s 1, s 2 eff. 4/9/2018. Acts 2007 , ch. 297, § 4; 2012 , ch. 738, § 1.
(a) When beginning the required apprenticeship, the person shall file an apprentice registration form with the board and shall pay a fee in the amount to be established by the board. The registration shall be valid for a period of three (3) years from the date of registration, or until the registrant has completed the apprenticeship requirements, whichever occurs first.
(b) The apprentice registration form shall contain the name of the registrant, showing that the registrant: (1) Has attained eighteen (18) years of age; (2) Is a citizen of the United States or an individual enumerated in 8 U.S.C. § 1622(b) ; (3) Is of good moral character; (4) Has graduated from a high school or has earned a high school equivalency credential approved by the state board of education; and (5) Is a bona fide paid employee of an establishment working no less than thirty-two (32) hours per week in the presence of and under the direction and supervision of a licensed funeral director or embalmer.
(1) Has attained eighteen (18) years of age;
(2) Is a citizen of the United States or an individual enumerated in 8 U.S.C. § 1622(b) ;
(3) Is of good moral character;
(4) Has graduated from a high school or has earned a high school equivalency credential approved by the state board of education; and
(5) Is a bona fide paid employee of an establishment working no less than thirty-two (32) hours per week in the presence of and under the direction and supervision of a licensed funeral director or embalmer.
(c) All persons who are apprentice funeral directors, apprentice embalmers and mortuary school students registered by the board and who are in the process of fulfilling their apprenticeship and educational requirements on or before December 31, 2007, shall not be required to complete the apprenticeship requirements that become effective on January 1, 2008. The apprentices and mortuary school students shall complete all requirements to become licensed by the board as a funeral director or embalmer on or before June 30, 2011.
(d) When beginning the required course of study, the person shall file a student registration form with the board and shall pay a fee in the amount to be established by the board. The registration shall be valid for a period of three (3) years from the date of registration, or until the registrant has completed the apprenticeship requirements, whichever occurs first.
Amended by 2023 Tenn. Acts, ch. 114,s 44, eff. 7/1/2023.
Amended by 2021 Tenn. Acts, ch. 549, s 14, eff. 10/1/2021.
Amended by 2020 Tenn. Acts, ch. 625, s 3, eff. 3/25/2020.
Amended by 2018 Tenn. Acts, ch. 651, Secs.s 1, s 2 eff. 4/9/2018.
Acts 2007 , ch. 297, § 4; 2012 , ch. 738, § 1.
Tenn. Code Ann. § 62-32-102 — TN Code / Title 62 / Chapter 32 / Section 62-32-102
Exemptions
Status: in_force

This part shall not apply to: (1) A registered professional architect or engineer acting solely in that professional capacity; (2) A regular employee of a fire protection sprinkler system contractor acting under its control and supervision; or (3) A person selling or supplying products or materials to a registered fire protection sprinkler system contractor. Acts 1984, ch. 949, § 2; 1985, ch. 209, § 2.
This part shall not apply to:
(1) A registered professional architect or engineer acting solely in that professional capacity;
(2) A regular employee of a fire protection sprinkler system contractor acting under its control and supervision; or
(3) A person selling or supplying products or materials to a registered fire protection sprinkler system contractor.
Acts 1984, ch. 949, § 2; 1985, ch. 209, § 2.
Tenn. Code Ann. § 62-5-512 — TN Code / Title 62 / Chapter 5 / Section 62-5-512
Cremation without a casket
Status: in_force

No operator of a crematory facility shall require a person to be cremated in a casket; provided, that in the discretion of the operator of a crematory facility, a container composed of readily combustible materials that is suitable for cremation, other than a casket, may be required. Acts 2000, ch. 779, § 29.
No operator of a crematory facility shall require a person to be cremated in a casket; provided, that in the discretion of the operator of a crematory facility, a container composed of readily combustible materials that is suitable for cremation, other than a casket, may be required.
Acts 2000, ch. 779, § 29.
Tenn. Code Ann. § 62-43-103 — TN Code / Title 62 / Chapter 43 / Section 62-43-103
Rules - Creation of professional employer organization advisory council - Composition of council - Officers - Compensation - Powers and duties - Administration - Recommendations for appointments to council
Status: in_force

(a) (1) The department may promulgate rules and prescribe forms reasonably necessary for the administration and enforcement of §§ 62-43-106 , 62-43-107 and 62-43-112 . (2) Rules shall be promulgated pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5 and as amended. (b) (1) The professional employer organization advisory council is created and shall consist of five (5) members to be appointed by the governor to four (4) year terms. A term shall become effective on appointment and continue until a successor has been appointed. A vacancy shall be filled by appointment to the unexpired term by the governor. (2) (A) Three (3) members of the council shall be individuals owning or working for a professional employer organization. (B) The remaining two (2) members shall: (i) Be residents of this state; and (ii) Not be, or ever have been, connected with a professional employer organization. (C) Among the members described in subdivision (b)(2)(B): (i) One (1) such member shall represent the consumer interests of this state; and (ii) One (1) such member shall be a representative of the department. (3) The council shall elect a chair and other officers to a term of one (1) year or until a successor is elected. Meetings may be called by the chair or by any two (2) members. A meeting may be held by electronic means. Three (3) members shall constitute a quorum to conduct business. Whenever vacancies prevent a quorum, the remaining members shall constitute a quorum for the purposes of recommending to the governor appointments to the council. (4) Members shall serve without compensation. (5) The following are the powers and duties of the council: (A) Determine its rules of order and procedure; (B) Recommending to the governor appointments to the council; (C) Send notice of its agenda and proceedings to any requesting person; (D) Petition the department, pursuant to § 4-5-201 and as amended; and (E) Advise the department on this chapter. (6) (A) The council is attached to the department for the purposes of administration and cooperation. (B) The department shall notify the council of any action pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5 and as amended, relating to a rule promulgated pursuant to this chapter. (C) Any nonprofit organization representing five (5) or more professional employer organizations registered in this state may recommend appointments to the council. Acts 2012, ch. 1081, § 1.
(a) (1) The department may promulgate rules and prescribe forms reasonably necessary for the administration and enforcement of §§ 62-43-106 , 62-43-107 and 62-43-112 . (2) Rules shall be promulgated pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5 and as amended.
(1) The department may promulgate rules and prescribe forms reasonably necessary for the administration and enforcement of §§ 62-43-106 , 62-43-107 and 62-43-112 .
(2) Rules shall be promulgated pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5 and as amended.
(b) (1) The professional employer organization advisory council is created and shall consist of five (5) members to be appointed by the governor to four (4) year terms. A term shall become effective on appointment and continue until a successor has been appointed. A vacancy shall be filled by appointment to the unexpired term by the governor. (2) (A) Three (3) members of the council shall be individuals owning or working for a professional employer organization. (B) The remaining two (2) members shall: (i) Be residents of this state; and (ii) Not be, or ever have been, connected with a professional employer organization. (C) Among the members described in subdivision (b)(2)(B): (i) One (1) such member shall represent the consumer interests of this state; and (ii) One (1) such member shall be a representative of the department. (3) The council shall elect a chair and other officers to a term of one (1) year or until a successor is elected. Meetings may be called by the chair or by any two (2) members. A meeting may be held by electronic means. Three (3) members shall constitute a quorum to conduct business. Whenever vacancies prevent a quorum, the remaining members shall constitute a quorum for the purposes of recommending to the governor appointments to the council. (4) Members shall serve without compensation. (5) The following are the powers and duties of the council: (A) Determine its rules of order and procedure; (B) Recommending to the governor appointments to the council; (C) Send notice of its agenda and proceedings to any requesting person; (D) Petition the department, pursuant to § 4-5-201 and as amended; and (E) Advise the department on this chapter. (6) (A) The council is attached to the department for the purposes of administration and cooperation. (B) The department shall notify the council of any action pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5 and as amended, relating to a rule promulgated pursuant to this chapter. (C) Any nonprofit organization representing five (5) or more professional employer organizations registered in this state may recommend appointments to the council.
(1) The professional employer organization advisory council is created and shall consist of five (5) members to be appointed by the governor to four (4) year terms. A term shall become effective on appointment and continue until a successor has been appointed. A vacancy shall be filled by appointment to the unexpired term by the governor.
(2) (A) Three (3) members of the council shall be individuals owning or working for a professional employer organization. (B) The remaining two (2) members shall: (i) Be residents of this state; and (ii) Not be, or ever have been, connected with a professional employer organization. (C) Among the members described in subdivision (b)(2)(B): (i) One (1) such member shall represent the consumer interests of this state; and (ii) One (1) such member shall be a representative of the department.
(A) Three (3) members of the council shall be individuals owning or working for a professional employer organization.
(B) The remaining two (2) members shall: (i) Be residents of this state; and (ii) Not be, or ever have been, connected with a professional employer organization.
(i) Be residents of this state; and
(ii) Not be, or ever have been, connected with a professional employer organization.
(C) Among the members described in subdivision (b)(2)(B): (i) One (1) such member shall represent the consumer interests of this state; and (ii) One (1) such member shall be a representative of the department.
(i) One (1) such member shall represent the consumer interests of this state; and
(ii) One (1) such member shall be a representative of the department.
(3) The council shall elect a chair and other officers to a term of one (1) year or until a successor is elected. Meetings may be called by the chair or by any two (2) members. A meeting may be held by electronic means. Three (3) members shall constitute a quorum to conduct business. Whenever vacancies prevent a quorum, the remaining members shall constitute a quorum for the purposes of recommending to the governor appointments to the council.
(4) Members shall serve without compensation.
(5) The following are the powers and duties of the council: (A) Determine its rules of order and procedure; (B) Recommending to the governor appointments to the council; (C) Send notice of its agenda and proceedings to any requesting person; (D) Petition the department, pursuant to § 4-5-201 and as amended; and (E) Advise the department on this chapter.
(A) Determine its rules of order and procedure;
(B) Recommending to the governor appointments to the council;
(C) Send notice of its agenda and proceedings to any requesting person;
(D) Petition the department, pursuant to § 4-5-201 and as amended; and
(E) Advise the department on this chapter.
(6) (A) The council is attached to the department for the purposes of administration and cooperation. (B) The department shall notify the council of any action pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5 and as amended, relating to a rule promulgated pursuant to this chapter. (C) Any nonprofit organization representing five (5) or more professional employer organizations registered in this state may recommend appointments to the council.
(A) The council is attached to the department for the purposes of administration and cooperation.
(B) The department shall notify the council of any action pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5 and as amended, relating to a rule promulgated pursuant to this chapter.
(C) Any nonprofit organization representing five (5) or more professional employer organizations registered in this state may recommend appointments to the council.
Acts 2012, ch. 1081, § 1.
Tenn. Code Ann. § 62-9-107 — TN Code / Title 62 / Chapter 9 / Section 62-9-107
Offense of purchase by dealer of air conditioner evaporator coil or condenser for cash or for making payment at time of sale - Sale only by certain agents, representatives or employees - Required documentation - Payment requirements - Violation - Prosecution for other offenses
Status: in_force

(a) It is an offense for a scrap metal dealer to pay cash to a person who presents an air conditioner evaporator coil or condenser, in whole or in part, for sale as scrap or for the dealer to make payment of any kind at the time of the transaction. (b) Scrap metal described in subsection (a) may only be sold for scrap by an authorized agent, representative or employee of one of the following: (1) A licensed HVAC contractor who acquired the evaporator coil or condenser in the performance of contracting as defined in § 62-6-102 ; (2) In a jurisdiction exempt from the requirements of title 68, chapter 120, pursuant to § 68-120-101 , a company meeting all local or municipal requirements to obtain a permit from that jurisdiction to repair, replace and install HVAC units containing copper evaporator coils or condensers; (3) In a jurisdiction exempt from the requirements of title 68, chapter 120, pursuant to § 68-120-101 , where the exempt jurisdiction does not require a permit to repair, replace and install HVAC units containing copper evaporator coils or condensers, a company holding a current business tax license, with a Class 4 classification, or a current sales tax identification number indicating the business as that of an HVAC installer or repairer; or (4) In a jurisdiction not exempt from the requirements of title 68, chapter 120, a company holding a current business tax license, with a Class 4 classification, or a current sales tax identification number indicating the business as that of an HVAC installer or repairer. (c) The person offering the air conditioner evaporator coil or condenser for sale as scrap shall have in the person's possession documentation that the company for whom it is being sold is a company described in subsection (b), and that the person selling the evaporator coil or condenser is an authorized agent, representative or employee of that company. (d) Payment for scrap metal described in subsection (a) must be made by check or money order, mailed to the business address of the company for whom the metal is being sold and the name of the company must be the payee on the check. (e) (1) A violation of this section is a Class A misdemeanor punishable by fine only. (2) Nothing in this section shall be construed to preclude a person violating this section from also being prosecuted for any applicable criminal offense. Acts 2008 , ch. 690, § 1.
(a) It is an offense for a scrap metal dealer to pay cash to a person who presents an air conditioner evaporator coil or condenser, in whole or in part, for sale as scrap or for the dealer to make payment of any kind at the time of the transaction.
(b) Scrap metal described in subsection (a) may only be sold for scrap by an authorized agent, representative or employee of one of the following: (1) A licensed HVAC contractor who acquired the evaporator coil or condenser in the performance of contracting as defined in § 62-6-102 ; (2) In a jurisdiction exempt from the requirements of title 68, chapter 120, pursuant to § 68-120-101 , a company meeting all local or municipal requirements to obtain a permit from that jurisdiction to repair, replace and install HVAC units containing copper evaporator coils or condensers; (3) In a jurisdiction exempt from the requirements of title 68, chapter 120, pursuant to § 68-120-101 , where the exempt jurisdiction does not require a permit to repair, replace and install HVAC units containing copper evaporator coils or condensers, a company holding a current business tax license, with a Class 4 classification, or a current sales tax identification number indicating the business as that of an HVAC installer or repairer; or (4) In a jurisdiction not exempt from the requirements of title 68, chapter 120, a company holding a current business tax license, with a Class 4 classification, or a current sales tax identification number indicating the business as that of an HVAC installer or repairer.
(1) A licensed HVAC contractor who acquired the evaporator coil or condenser in the performance of contracting as defined in § 62-6-102 ;
(2) In a jurisdiction exempt from the requirements of title 68, chapter 120, pursuant to § 68-120-101 , a company meeting all local or municipal requirements to obtain a permit from that jurisdiction to repair, replace and install HVAC units containing copper evaporator coils or condensers;
(3) In a jurisdiction exempt from the requirements of title 68, chapter 120, pursuant to § 68-120-101 , where the exempt jurisdiction does not require a permit to repair, replace and install HVAC units containing copper evaporator coils or condensers, a company holding a current business tax license, with a Class 4 classification, or a current sales tax identification number indicating the business as that of an HVAC installer or repairer; or
(4) In a jurisdiction not exempt from the requirements of title 68, chapter 120, a company holding a current business tax license, with a Class 4 classification, or a current sales tax identification number indicating the business as that of an HVAC installer or repairer.
(c) The person offering the air conditioner evaporator coil or condenser for sale as scrap shall have in the person's possession documentation that the company for whom it is being sold is a company described in subsection (b), and that the person selling the evaporator coil or condenser is an authorized agent, representative or employee of that company.
(d) Payment for scrap metal described in subsection (a) must be made by check or money order, mailed to the business address of the company for whom the metal is being sold and the name of the company must be the payee on the check.
(e) (1) A violation of this section is a Class A misdemeanor punishable by fine only. (2) Nothing in this section shall be construed to preclude a person violating this section from also being prosecuted for any applicable criminal offense.
(1) A violation of this section is a Class A misdemeanor punishable by fine only.
(2) Nothing in this section shall be construed to preclude a person violating this section from also being prosecuted for any applicable criminal offense.
Acts 2008 , ch. 690, § 1.
Tenn. Code Ann. § 62-2-402 — TN Code / Title 62 / Chapter 2 / Section 62-2-402
Engineer intern
Status: in_force

The following shall be considered as minimum evidence satisfactory to the board that the applicant is qualified for registration as an engineer intern: a graduate in a curriculum of four (4) years or more leading to a baccalaureate degree in engineering or the completion of post-graduate coursework in engineering curriculum leading to a master's degree or higher in engineering or engineering technology and approved by the board as of satisfactory standing or who is a prospective graduate in good standing in the senior year in such a curriculum, and who passes an examination prepared by the National Council of Examiners for Engineering and Surveying involving the fundamentals of engineering; provided, that the applicant is of good character and repute. Amended by 2022 Tenn. Acts, ch. 904, s 4, eff. 7/1/2022. Amended by 2013 Tenn. Acts, ch. 180, s 2, eff. 4/23/2013. Acts 1979, ch. 263, § 11; 1980, ch. 627, § 7; T.C.A., § 62-211; Acts 1990, ch. 1026, § 21; 1993, ch. 132, § 6; 1995, ch. 113, §§ 1, 4.
The following shall be considered as minimum evidence satisfactory to the board that the applicant is qualified for registration as an engineer intern: a graduate in a curriculum of four (4) years or more leading to a baccalaureate degree in engineering or the completion of post-graduate coursework in engineering curriculum leading to a master's degree or higher in engineering or engineering technology and approved by the board as of satisfactory standing or who is a prospective graduate in good standing in the senior year in such a curriculum, and who passes an examination prepared by the National Council of Examiners for Engineering and Surveying involving the fundamentals of engineering; provided, that the applicant is of good character and repute.
Amended by 2022 Tenn. Acts, ch. 904, s 4, eff. 7/1/2022.
Amended by 2013 Tenn. Acts, ch. 180, s 2, eff. 4/23/2013.
Acts 1979, ch. 263, § 11; 1980, ch. 627, § 7; T.C.A., § 62-211; Acts 1990, ch. 1026, § 21; 1993, ch. 132, § 6; 1995, ch. 113, §§ 1, 4.
Tenn. Code Ann. § 62-43-112 — TN Code / Title 62 / Chapter 43 / Section 62-43-112
Violations - Grounds for action
Status: in_force

(a) No person shall: (1) Submit false information to the department; (2) Make a materially false entry in the records of a professional employer organization; or (3) Violate this chapter. (b) The following constitute grounds for which the department may take action under subsection (c) against a person subject to this chapter: (1) Being convicted of an offence or disciplined as described in § 62-43-106(b)(7) ; (2) Committing a prohibited act under subsection (a); (3) Making, issuing, circulating or causing to be made, issued or circulated, any estimate, illustration, circular, statement, advertisement, sales presentation, omission or comparison that misrepresents the benefits, advantages, conditions or terms of any professional employer services or is otherwise untrue, deceptive or misleading; (4) Entering into any agreement to commit or, by any concerted action, committing any act of boycott, coercion or intimidation resulting in or tending to result in unreasonable restraint of or monopoly in the business of employee leasing; or (5) Permitting to be used or using, permitting to be filed or filing, any name, trade name, fictitious name or business identity which is the same as, similar to or may be confused with the name, trade name, fictitious name or business identity of an existing licensee, any governmental agency or any nonprofit organization. (c) For violating subsection (a) or when grounds exist under subsection (b), the department may: (1) Issue an order: (A) To comply with the chapter; or (B) To cease and desist; (2) Impose an administrative penalty not to exceed one thousand dollars ($1,000) for each set of facts constituting a separate violation; (3) Restrict or suspend a registration; (4) Place the registrant on probation for a period of time not to exceed the next full term of registration where the registrant is subject to the terms and conditions determined by the department; (5) Deny an application or revoke a registration; or (6) Enjoin or restrain by bringing an action in the chancery court of Davidson County. (d) If the department finds that a violation has occurred or that grounds exist to take an action under subsection (c), the department shall consider the following when determining what action to take: (1) Whether the person committing the act or failing to act did so: (A) Knowingly; (B) Recklessly; (C) Repeatedly; or (D) Relying on information of another person or was subject to an illegal act; (2) The materiality and severity of the violation; and (3) The person's actions to cure the violation. (e) If the action under subdivision (c)(5) is taken by the department: (1) The department shall notify: (A) The department of labor and workforce development; and (B) Each client of which the department has knowledge of the department's action; and (2) The person with a revoked registration shall: (A) Immediately cease soliciting clients for professional employer services; (B) Not execute additional professional employer agreements or enter into any arrangement wherein it agrees to provide professional employer services; (C) Wind down the operations of the professional employer organization so that the professional employer organization will no longer be in operation sixty (60) days after the effective date of the revocation; and (D) Return the registration that was revoked to the department. (f) (1) The department may make or cause to be made investigations, audits or reviews within or without this state as the department deems necessary: (A) To determine whether a person has violated or is in danger of violating this chapter, including any regulation or rule promulgated under this chapter; or (B) To aid in the enforcement of this chapter. (2) All material compiled by the department in any investigation, audit or review under this section shall be confidential and exempt from public disclosure pursuant to title 10, chapter 7 and as amended, until ten (10) days after a finding of probable cause resulting from the investigation, audit or review; however, financial information, including, but not limited to, client lists, obtained by the department in connection with investigations, audits or reviews shall be kept confidential and exempt from the public disclosure requirements of title 10, chapter 7. (3) The department may impose upon the person found to have violated this chapter the cost of investigation and prosecution, including reasonable attorney fees. (g) The Uniform Administrative Procedures Act, compiled in title 4, chapter 5 and as amended, governs all matters and procedures regarding the hearing and judicial review of any contested case arising under this chapter. Acts 2012, ch. 1081, § 1.
(a) No person shall: (1) Submit false information to the department; (2) Make a materially false entry in the records of a professional employer organization; or (3) Violate this chapter.
(1) Submit false information to the department;
(2) Make a materially false entry in the records of a professional employer organization; or
(3) Violate this chapter.
(b) The following constitute grounds for which the department may take action under subsection (c) against a person subject to this chapter: (1) Being convicted of an offence or disciplined as described in § 62-43-106(b)(7) ; (2) Committing a prohibited act under subsection (a); (3) Making, issuing, circulating or causing to be made, issued or circulated, any estimate, illustration, circular, statement, advertisement, sales presentation, omission or comparison that misrepresents the benefits, advantages, conditions or terms of any professional employer services or is otherwise untrue, deceptive or misleading; (4) Entering into any agreement to commit or, by any concerted action, committing any act of boycott, coercion or intimidation resulting in or tending to result in unreasonable restraint of or monopoly in the business of employee leasing; or (5) Permitting to be used or using, permitting to be filed or filing, any name, trade name, fictitious name or business identity which is the same as, similar to or may be confused with the name, trade name, fictitious name or business identity of an existing licensee, any governmental agency or any nonprofit organization.
(1) Being convicted of an offence or disciplined as described in § 62-43-106(b)(7) ;
(2) Committing a prohibited act under subsection (a);
(3) Making, issuing, circulating or causing to be made, issued or circulated, any estimate, illustration, circular, statement, advertisement, sales presentation, omission or comparison that misrepresents the benefits, advantages, conditions or terms of any professional employer services or is otherwise untrue, deceptive or misleading;
(4) Entering into any agreement to commit or, by any concerted action, committing any act of boycott, coercion or intimidation resulting in or tending to result in unreasonable restraint of or monopoly in the business of employee leasing; or
(5) Permitting to be used or using, permitting to be filed or filing, any name, trade name, fictitious name or business identity which is the same as, similar to or may be confused with the name, trade name, fictitious name or business identity of an existing licensee, any governmental agency or any nonprofit organization.
(c) For violating subsection (a) or when grounds exist under subsection (b), the department may: (1) Issue an order: (A) To comply with the chapter; or (B) To cease and desist; (2) Impose an administrative penalty not to exceed one thousand dollars ($1,000) for each set of facts constituting a separate violation; (3) Restrict or suspend a registration; (4) Place the registrant on probation for a period of time not to exceed the next full term of registration where the registrant is subject to the terms and conditions determined by the department; (5) Deny an application or revoke a registration; or (6) Enjoin or restrain by bringing an action in the chancery court of Davidson County.
(1) Issue an order: (A) To comply with the chapter; or (B) To cease and desist;
(A) To comply with the chapter; or
(B) To cease and desist;
(2) Impose an administrative penalty not to exceed one thousand dollars ($1,000) for each set of facts constituting a separate violation;
(3) Restrict or suspend a registration;
(4) Place the registrant on probation for a period of time not to exceed the next full term of registration where the registrant is subject to the terms and conditions determined by the department;
(5) Deny an application or revoke a registration; or
(6) Enjoin or restrain by bringing an action in the chancery court of Davidson County.
(d) If the department finds that a violation has occurred or that grounds exist to take an action under subsection (c), the department shall consider the following when determining what action to take: (1) Whether the person committing the act or failing to act did so: (A) Knowingly; (B) Recklessly; (C) Repeatedly; or (D) Relying on information of another person or was subject to an illegal act; (2) The materiality and severity of the violation; and (3) The person's actions to cure the violation.
(1) Whether the person committing the act or failing to act did so: (A) Knowingly; (B) Recklessly; (C) Repeatedly; or (D) Relying on information of another person or was subject to an illegal act;
(A) Knowingly;
(B) Recklessly;
(C) Repeatedly; or
(D) Relying on information of another person or was subject to an illegal act;
(2) The materiality and severity of the violation; and
(3) The person's actions to cure the violation.
(e) If the action under subdivision (c)(5) is taken by the department: (1) The department shall notify: (A) The department of labor and workforce development; and (B) Each client of which the department has knowledge of the department's action; and (2) The person with a revoked registration shall: (A) Immediately cease soliciting clients for professional employer services; (B) Not execute additional professional employer agreements or enter into any arrangement wherein it agrees to provide professional employer services; (C) Wind down the operations of the professional employer organization so that the professional employer organization will no longer be in operation sixty (60) days after the effective date of the revocation; and (D) Return the registration that was revoked to the department.
(1) The department shall notify: (A) The department of labor and workforce development; and (B) Each client of which the department has knowledge of the department's action; and
(A) The department of labor and workforce development; and
(B) Each client of which the department has knowledge of the department's action; and
(2) The person with a revoked registration shall: (A) Immediately cease soliciting clients for professional employer services; (B) Not execute additional professional employer agreements or enter into any arrangement wherein it agrees to provide professional employer services; (C) Wind down the operations of the professional employer organization so that the professional employer organization will no longer be in operation sixty (60) days after the effective date of the revocation; and (D) Return the registration that was revoked to the department.
(A) Immediately cease soliciting clients for professional employer services;
(B) Not execute additional professional employer agreements or enter into any arrangement wherein it agrees to provide professional employer services;
(C) Wind down the operations of the professional employer organization so that the professional employer organization will no longer be in operation sixty (60) days after the effective date of the revocation; and
(D) Return the registration that was revoked to the department.
(f) (1) The department may make or cause to be made investigations, audits or reviews within or without this state as the department deems necessary: (A) To determine whether a person has violated or is in danger of violating this chapter, including any regulation or rule promulgated under this chapter; or (B) To aid in the enforcement of this chapter. (2) All material compiled by the department in any investigation, audit or review under this section shall be confidential and exempt from public disclosure pursuant to title 10, chapter 7 and as amended, until ten (10) days after a finding of probable cause resulting from the investigation, audit or review; however, financial information, including, but not limited to, client lists, obtained by the department in connection with investigations, audits or reviews shall be kept confidential and exempt from the public disclosure requirements of title 10, chapter 7. (3) The department may impose upon the person found to have violated this chapter the cost of investigation and prosecution, including reasonable attorney fees.
(1) The department may make or cause to be made investigations, audits or reviews within or without this state as the department deems necessary: (A) To determine whether a person has violated or is in danger of violating this chapter, including any regulation or rule promulgated under this chapter; or (B) To aid in the enforcement of this chapter.
(A) To determine whether a person has violated or is in danger of violating this chapter, including any regulation or rule promulgated under this chapter; or
(B) To aid in the enforcement of this chapter.
(2) All material compiled by the department in any investigation, audit or review under this section shall be confidential and exempt from public disclosure pursuant to title 10, chapter 7 and as amended, until ten (10) days after a finding of probable cause resulting from the investigation, audit or review; however, financial information, including, but not limited to, client lists, obtained by the department in connection with investigations, audits or reviews shall be kept confidential and exempt from the public disclosure requirements of title 10, chapter 7.
(3) The department may impose upon the person found to have violated this chapter the cost of investigation and prosecution, including reasonable attorney fees.
(g) The Uniform Administrative Procedures Act, compiled in title 4, chapter 5 and as amended, governs all matters and procedures regarding the hearing and judicial review of any contested case arising under this chapter.
Acts 2012, ch. 1081, § 1.
Tenn. Code Ann. § 62-5-412 — TN Code / Title 62 / Chapter 5 / Section 62-5-412
Transfer of registration
Status: in_force

A pre-need seller registration may be transferred to a new owner upon payment of a fee fixed by the commissioner and upon submission of an audit report prepared and signed by an independent certified public accountant licensed in this state. All the fees and expenses in connection with the audit are not the responsibility of the trustee or the trust. The audit report shall include an unqualified opinion on the accuracy of the trust fund balances and a report of compliance with this part. Shortages in the trust funds shall be funded by the pre-need seller or new owner prior to a transfer of registration. Acts 2007, ch. 592, § 13.
A pre-need seller registration may be transferred to a new owner upon payment of a fee fixed by the commissioner and upon submission of an audit report prepared and signed by an independent certified public accountant licensed in this state. All the fees and expenses in connection with the audit are not the responsibility of the trustee or the trust. The audit report shall include an unqualified opinion on the accuracy of the trust fund balances and a report of compliance with this part. Shortages in the trust funds shall be funded by the pre-need seller or new owner prior to a transfer of registration.
Acts 2007, ch. 592, § 13.
Tenn. Code Ann. § 62-6-120 — TN Code / Title 62 / Chapter 6 / Section 62-6-120
Penalties
Status: in_force

(a) (1) Any person, firm or corporation that engages or offers to engage in contracting without a license as required by § 62-6-103 or who violates the terms and conditions of any license or renewal granted by the board pursuant to this part commits a Class A misdemeanor. The penalties imposed by this subdivision (a)(1) shall not apply to a person who engages a contractor without a license for the purpose of constructing a residence for the use of that person. (2) Any person, firm or corporation that engages or offers to engage in contracting without a license as required by § 62-6-103 may, in the discretion of the board, be deemed ineligible to receive a license until six (6) months after the date the person, firm or corporation engaged or offered to engage in contracting. Additionally, no such person, firm or corporation shall be awarded any contract for the project upon which it engaged in contracting without a license or permitted to participate in any rebidding of the project. (b) Any person, firm or corporation that accepts a bid in excess of twenty-five thousand dollars ($25,000) from a contractor who is not licensed, with appropriate classifications and sufficient monetary limitations, or in the case of a limited licensed electrician where the amount is less than twenty-five thousand dollars ($25,000), in accordance with this part, commits a Class A misdemeanor. (c) (1) No official of the state other than of the department of transportation shall issue a permit or contract work order to any applicant for a permit or work order to engage in contracting, unless the applicant holds a license as a contractor with appropriate classifications and sufficient monetary limitations, in accordance with this part. (2) Any official violating this subsection (c) commits a Class A misdemeanor. (d) Notwithstanding the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, relative to the amount of civil penalties that may be imposed, the board may impose a civil penalty not to exceed five thousand dollars ($5,000) per offense against any person or firm that violates the terms and conditions of an existing license to engage in contracting or against any person or firm that engages in unlicensed contracting. (e) (1) (A) The director of the board, acting on behalf of the board, is authorized to issue citations against persons: (i) Acting in the capacity of or engaging in the business of a contractor without a license in violation of § 62-6-103 ; (ii) Exceeding the monetary limitation on the person's contractor's license; or (iii) Acting in the capacity of or engaging in the business of a contractor in a classification in which the person is not licensed by the board, notwithstanding the person's licensure to perform such services in another classification. (B) Each citation shall be in writing and shall describe with particularity the basis of the citation. (C) Each citation shall contain an order to cease all violations of this part and an assessment of a civil penalty in an amount no less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000). (2) The board shall promulgate rules and regulations to specify those conditions necessary to the issuance of a citation and the range of penalties for violations of this part. (3) The sanctions authorized pursuant to this subsection (e) shall be in addition to any other remedies, civil and criminal, available to any person harmed by a violation of this part. (4) Service of a citation issued pursuant to this subsection (e) may be made by first-class mail at the last known business address or residence address of the person cited. (5) A citation issued pursuant to this subsection (e) shall be issued by the director within one (1) year after the act or omission that is the basis for the citation. (6) Any person served with a citation pursuant to this subsection (e) may appeal to the director by written notice postmarked within fifteen (15) working days after service of the citation with respect to violations alleged, scope of the order or amount of civil penalty assessed. (7) If a person cited timely notifies the director that the person intends to contest the citation, the director shall afford an opportunity for a contested case hearing pursuant to the Uniform Administrative Procedures Act. (8) After all administrative appeals have been exhausted, the director may apply to the appropriate court for a judgment in an amount of the civil penalty, plus applicable court costs, and for an order to cease activities in violation of § 62-6-103 . A certified copy of the final order of the board, hearing officer, or administrative judge or a certified copy of the unappealed citation shall constitute a sufficient showing to warrant the issuance of the judgment and order. (9) (A) Notwithstanding any other law to the contrary, the director may waive part of the civil penalty if the person against whom the civil penalty is assessed satisfactorily completes all the requirements for, and is issued, a license as a general contractor. (B) Any outstanding injury to the public shall be settled satisfactorily before a license as a general contractor is issued. (f) Any individual or entity that fails to pay a civil penalty assessed by the board pursuant to the terms of a final order entered by the board after a contested case hearing against the individual or entity pursuant to the Uniform Administrative Procedures Act, may be referred to a collection agency. (g) Failure to pay any civil penalty assessed by the board shall subject the individual or entity to suspension or revocation of a license issued pursuant to this part. Amended by 2021 Tenn. Acts, ch. 549, s 16, eff. 10/1/2021. Amended by 2015 Tenn. Acts, ch. 290, Secs.s 1, s 2 eff. 4/24/2015. Amended by 2013 Tenn. Acts, ch. 180, s 5, eff. 4/23/2013. Acts 1976, ch. 822, § 21; 1981, ch. 399, § 2; 1981, ch. 497, § 2; T.C.A., § 62-621; Acts 1984, ch. 888, § 4; 1986, ch. 718, § 3; 1989, ch. 487, § 15; 1989, ch. 591, § 111; 1991, ch. 247, §§ 2, 3; 1994, ch. 986, § 14; 1999, ch. 238, § 6; 2007 , ch. 460, § 6; T.C.A., § 62-6-118(e) ; T.C.A., §§ 62-6-201 -- 62-6-207 .
(a) (1) Any person, firm or corporation that engages or offers to engage in contracting without a license as required by § 62-6-103 or who violates the terms and conditions of any license or renewal granted by the board pursuant to this part commits a Class A misdemeanor. The penalties imposed by this subdivision (a)(1) shall not apply to a person who engages a contractor without a license for the purpose of constructing a residence for the use of that person. (2) Any person, firm or corporation that engages or offers to engage in contracting without a license as required by § 62-6-103 may, in the discretion of the board, be deemed ineligible to receive a license until six (6) months after the date the person, firm or corporation engaged or offered to engage in contracting. Additionally, no such person, firm or corporation shall be awarded any contract for the project upon which it engaged in contracting without a license or permitted to participate in any rebidding of the project.
(1) Any person, firm or corporation that engages or offers to engage in contracting without a license as required by § 62-6-103 or who violates the terms and conditions of any license or renewal granted by the board pursuant to this part commits a Class A misdemeanor. The penalties imposed by this subdivision (a)(1) shall not apply to a person who engages a contractor without a license for the purpose of constructing a residence for the use of that person.
(2) Any person, firm or corporation that engages or offers to engage in contracting without a license as required by § 62-6-103 may, in the discretion of the board, be deemed ineligible to receive a license until six (6) months after the date the person, firm or corporation engaged or offered to engage in contracting. Additionally, no such person, firm or corporation shall be awarded any contract for the project upon which it engaged in contracting without a license or permitted to participate in any rebidding of the project.
(b) Any person, firm or corporation that accepts a bid in excess of twenty-five thousand dollars ($25,000) from a contractor who is not licensed, with appropriate classifications and sufficient monetary limitations, or in the case of a limited licensed electrician where the amount is less than twenty-five thousand dollars ($25,000), in accordance with this part, commits a Class A misdemeanor.
(c) (1) No official of the state other than of the department of transportation shall issue a permit or contract work order to any applicant for a permit or work order to engage in contracting, unless the applicant holds a license as a contractor with appropriate classifications and sufficient monetary limitations, in accordance with this part. (2) Any official violating this subsection (c) commits a Class A misdemeanor.
(1) No official of the state other than of the department of transportation shall issue a permit or contract work order to any applicant for a permit or work order to engage in contracting, unless the applicant holds a license as a contractor with appropriate classifications and sufficient monetary limitations, in accordance with this part.
(2) Any official violating this subsection (c) commits a Class A misdemeanor.
(d) Notwithstanding the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, relative to the amount of civil penalties that may be imposed, the board may impose a civil penalty not to exceed five thousand dollars ($5,000) per offense against any person or firm that violates the terms and conditions of an existing license to engage in contracting or against any person or firm that engages in unlicensed contracting.
(e) (1) (A) The director of the board, acting on behalf of the board, is authorized to issue citations against persons: (i) Acting in the capacity of or engaging in the business of a contractor without a license in violation of § 62-6-103 ; (ii) Exceeding the monetary limitation on the person's contractor's license; or (iii) Acting in the capacity of or engaging in the business of a contractor in a classification in which the person is not licensed by the board, notwithstanding the person's licensure to perform such services in another classification. (B) Each citation shall be in writing and shall describe with particularity the basis of the citation. (C) Each citation shall contain an order to cease all violations of this part and an assessment of a civil penalty in an amount no less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000). (2) The board shall promulgate rules and regulations to specify those conditions necessary to the issuance of a citation and the range of penalties for violations of this part. (3) The sanctions authorized pursuant to this subsection (e) shall be in addition to any other remedies, civil and criminal, available to any person harmed by a violation of this part. (4) Service of a citation issued pursuant to this subsection (e) may be made by first-class mail at the last known business address or residence address of the person cited. (5) A citation issued pursuant to this subsection (e) shall be issued by the director within one (1) year after the act or omission that is the basis for the citation. (6) Any person served with a citation pursuant to this subsection (e) may appeal to the director by written notice postmarked within fifteen (15) working days after service of the citation with respect to violations alleged, scope of the order or amount of civil penalty assessed. (7) If a person cited timely notifies the director that the person intends to contest the citation, the director shall afford an opportunity for a contested case hearing pursuant to the Uniform Administrative Procedures Act. (8) After all administrative appeals have been exhausted, the director may apply to the appropriate court for a judgment in an amount of the civil penalty, plus applicable court costs, and for an order to cease activities in violation of § 62-6-103 . A certified copy of the final order of the board, hearing officer, or administrative judge or a certified copy of the unappealed citation shall constitute a sufficient showing to warrant the issuance of the judgment and order. (9) (A) Notwithstanding any other law to the contrary, the director may waive part of the civil penalty if the person against whom the civil penalty is assessed satisfactorily completes all the requirements for, and is issued, a license as a general contractor. (B) Any outstanding injury to the public shall be settled satisfactorily before a license as a general contractor is issued.
(1) (A) The director of the board, acting on behalf of the board, is authorized to issue citations against persons: (i) Acting in the capacity of or engaging in the business of a contractor without a license in violation of § 62-6-103 ; (ii) Exceeding the monetary limitation on the person's contractor's license; or (iii) Acting in the capacity of or engaging in the business of a contractor in a classification in which the person is not licensed by the board, notwithstanding the person's licensure to perform such services in another classification. (B) Each citation shall be in writing and shall describe with particularity the basis of the citation. (C) Each citation shall contain an order to cease all violations of this part and an assessment of a civil penalty in an amount no less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000).
(A) The director of the board, acting on behalf of the board, is authorized to issue citations against persons: (i) Acting in the capacity of or engaging in the business of a contractor without a license in violation of § 62-6-103 ; (ii) Exceeding the monetary limitation on the person's contractor's license; or (iii) Acting in the capacity of or engaging in the business of a contractor in a classification in which the person is not licensed by the board, notwithstanding the person's licensure to perform such services in another classification.
(i) Acting in the capacity of or engaging in the business of a contractor without a license in violation of § 62-6-103 ;
(ii) Exceeding the monetary limitation on the person's contractor's license; or
(iii) Acting in the capacity of or engaging in the business of a contractor in a classification in which the person is not licensed by the board, notwithstanding the person's licensure to perform such services in another classification.
(B) Each citation shall be in writing and shall describe with particularity the basis of the citation.
(C) Each citation shall contain an order to cease all violations of this part and an assessment of a civil penalty in an amount no less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000).
(2) The board shall promulgate rules and regulations to specify those conditions necessary to the issuance of a citation and the range of penalties for violations of this part.
(3) The sanctions authorized pursuant to this subsection (e) shall be in addition to any other remedies, civil and criminal, available to any person harmed by a violation of this part.
(4) Service of a citation issued pursuant to this subsection (e) may be made by first-class mail at the last known business address or residence address of the person cited.
(5) A citation issued pursuant to this subsection (e) shall be issued by the director within one (1) year after the act or omission that is the basis for the citation.
(6) Any person served with a citation pursuant to this subsection (e) may appeal to the director by written notice postmarked within fifteen (15) working days after service of the citation with respect to violations alleged, scope of the order or amount of civil penalty assessed.
(7) If a person cited timely notifies the director that the person intends to contest the citation, the director shall afford an opportunity for a contested case hearing pursuant to the Uniform Administrative Procedures Act.
(8) After all administrative appeals have been exhausted, the director may apply to the appropriate court for a judgment in an amount of the civil penalty, plus applicable court costs, and for an order to cease activities in violation of § 62-6-103 . A certified copy of the final order of the board, hearing officer, or administrative judge or a certified copy of the unappealed citation shall constitute a sufficient showing to warrant the issuance of the judgment and order.
(9) (A) Notwithstanding any other law to the contrary, the director may waive part of the civil penalty if the person against whom the civil penalty is assessed satisfactorily completes all the requirements for, and is issued, a license as a general contractor. (B) Any outstanding injury to the public shall be settled satisfactorily before a license as a general contractor is issued.
(A) Notwithstanding any other law to the contrary, the director may waive part of the civil penalty if the person against whom the civil penalty is assessed satisfactorily completes all the requirements for, and is issued, a license as a general contractor.
(B) Any outstanding injury to the public shall be settled satisfactorily before a license as a general contractor is issued.
(f) Any individual or entity that fails to pay a civil penalty assessed by the board pursuant to the terms of a final order entered by the board after a contested case hearing against the individual or entity pursuant to the Uniform Administrative Procedures Act, may be referred to a collection agency.
(g) Failure to pay any civil penalty assessed by the board shall subject the individual or entity to suspension or revocation of a license issued pursuant to this part.
Amended by 2021 Tenn. Acts, ch. 549, s 16, eff. 10/1/2021.
Amended by 2015 Tenn. Acts, ch. 290, Secs.s 1, s 2 eff. 4/24/2015.
Amended by 2013 Tenn. Acts, ch. 180, s 5, eff. 4/23/2013.
Acts 1976, ch. 822, § 21; 1981, ch. 399, § 2; 1981, ch. 497, § 2; T.C.A., § 62-621; Acts 1984, ch. 888, § 4; 1986, ch. 718, § 3; 1989, ch. 487, § 15; 1989, ch. 591, § 111; 1991, ch. 247, §§ 2, 3; 1994, ch. 986, § 14; 1999, ch. 238, § 6; 2007 , ch. 460, § 6; T.C.A., § 62-6-118(e) ; T.C.A., §§ 62-6-201 -- 62-6-207 .
Tenn. Code Ann. § 62-5-411 — TN Code / Title 62 / Chapter 5 / Section 62-5-411
Maintenance of accounts, books and records - Annual examination of pre-need sellers and sales agents
Status: in_force

(a) Every pre-need seller shall keep and maintain, at a minimum, accurate accounts, books, and records in this state of all pre-need funeral contract and prearrangement insurance policy transactions, copies of all agreements, insurance policies, instruments of assignment, the dates and amounts of payments made and accepted thereon, the names and addresses of the pre-need funeral contract purchasers, the names and addresses of the pre-need funeral contract beneficiaries, the names of the trustees holding pre-need funeral trust funds, copies of the trustee's regular valuations of assets required in § 62-5-408 , and the names of insurance companies issuing prearrangement insurance policies. The records shall be kept for a minimum of five (5) years after the death of the pre-need funeral contract beneficiary. (b) The commissioner may investigate or examine the affairs of any pre-need seller or pre-need sales agent whenever it is deemed appropriate to do so. However, the commissioner shall require an annual examination to ensure that each person, firm, or corporation promising to pay or arrange for funeral services under this part will be able to perform its contract with the purchaser. (c) The pre-need seller shall pay all costs of any examination conducted under subsection (b), including, but not limited to, the reasonable fees of actuaries, accountants, attorneys and other professionals with whom the commissioner may enter into a contract to perform examination services on behalf of the commissioner. (d) Trustees of pre-need funeral trusts shall disclose to the commissioner any information regarding pre-need funeral trust accounts overseen by the trustee. (e) A certified public accountant acting as a trustee pursuant to § 62-5-403(15)(B) shall submit proof of errors and omissions liability coverage with each trustee report to be filed with the commissioner. Acts 2007 , ch. 592, § 12; 2008 , ch. 857, § 2.
(a) Every pre-need seller shall keep and maintain, at a minimum, accurate accounts, books, and records in this state of all pre-need funeral contract and prearrangement insurance policy transactions, copies of all agreements, insurance policies, instruments of assignment, the dates and amounts of payments made and accepted thereon, the names and addresses of the pre-need funeral contract purchasers, the names and addresses of the pre-need funeral contract beneficiaries, the names of the trustees holding pre-need funeral trust funds, copies of the trustee's regular valuations of assets required in § 62-5-408 , and the names of insurance companies issuing prearrangement insurance policies. The records shall be kept for a minimum of five (5) years after the death of the pre-need funeral contract beneficiary.
(b) The commissioner may investigate or examine the affairs of any pre-need seller or pre-need sales agent whenever it is deemed appropriate to do so. However, the commissioner shall require an annual examination to ensure that each person, firm, or corporation promising to pay or arrange for funeral services under this part will be able to perform its contract with the purchaser.
(c) The pre-need seller shall pay all costs of any examination conducted under subsection (b), including, but not limited to, the reasonable fees of actuaries, accountants, attorneys and other professionals with whom the commissioner may enter into a contract to perform examination services on behalf of the commissioner.
(d) Trustees of pre-need funeral trusts shall disclose to the commissioner any information regarding pre-need funeral trust accounts overseen by the trustee.
(e) A certified public accountant acting as a trustee pursuant to § 62-5-403(15)(B) shall submit proof of errors and omissions liability coverage with each trustee report to be filed with the commissioner.
Acts 2007 , ch. 592, § 12; 2008 , ch. 857, § 2.
Tenn. Code Ann. § 62-7-108 — TN Code / Title 62 / Chapter 7 / Section 62-7-108
Sale of guests' baggage by hotels
Status: in_force

At any time after thirty (30) days after the person incurring such debt or obligation has left the hotel, inn or boardinghouse and the debt or obligation is still due and unpaid, the owner or proprietor of the hotel, inn or boardinghouse may sell at public auction, for cash, at the hotel or boardinghouse office, any or all baggage or property left at the hotel, inn or boardinghouse necessary to satisfy the debt or obligation, without any process of law or equity; provided, that the sale shall be advertised by written or printed posters for at least ten (10) days before the sale. Acts 1895, ch. 67, § 3; Shan., § 3596; mod. Code 1932, § 6684; T.C.A. (orig. ed.), § 62-709.
At any time after thirty (30) days after the person incurring such debt or obligation has left the hotel, inn or boardinghouse and the debt or obligation is still due and unpaid, the owner or proprietor of the hotel, inn or boardinghouse may sell at public auction, for cash, at the hotel or boardinghouse office, any or all baggage or property left at the hotel, inn or boardinghouse necessary to satisfy the debt or obligation, without any process of law or equity; provided, that the sale shall be advertised by written or printed posters for at least ten (10) days before the sale.
Acts 1895, ch. 67, § 3; Shan., § 3596; mod. Code 1932, § 6684; T.C.A. (orig. ed.), § 62-709.
Tenn. Code Ann. § 62-39-328 — TN Code / Title 62 / Chapter 39 / Section 62-39-328
Hearing
Status: in_force

The hearing on the charges shall be at a time and place prescribed by the commission and in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 1990, ch. 865, § 37; 1991, ch. 366, § 38.
The hearing on the charges shall be at a time and place prescribed by the commission and in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1990, ch. 865, § 37; 1991, ch. 366, § 38.
Tenn. Code Ann. § 62-13-203 — TN Code / Title 62 / Chapter 13 / Section 62-13-203
Organization - Powers
Status: in_force

(a) Upon qualification of the members appointed, the commission shall organize itself by selecting from its members a chair and a vice chair and shall have the power to do all things necessary and proper for carrying out this chapter not inconsistent with the laws of this state. The commission may promulgate and adopt bylaws, rules and regulations that are reasonably necessary for such purpose. The promulgation and adoption of rules and regulations authorized by this section shall be pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (b) The commission's rules and regulations may incorporate and establish canons of ethics and minimum acceptable standards of practice for licensees. (c) Each member of the commission shall receive a certificate of appointment from the governor before entering upon the discharge of the duties of office. (d) The commission or any committee of the commission shall be entitled to the services of the attorney general and reporter or the legal department of this state in connection with the affairs of the commission. (e) The commission may prefer a complaint for violation of this chapter before any court of competent jurisdiction, and it may take the necessary legal steps through the proper legal officer of the state to enforce this chapter and collect the penalties provided in this chapter. Acts 1973, ch. 181, § 7(b), (c); 1981, ch. 473, § 4; T.C.A., § 62-1311; Acts 1987, ch. 419, §§ 1, 2.
(a) Upon qualification of the members appointed, the commission shall organize itself by selecting from its members a chair and a vice chair and shall have the power to do all things necessary and proper for carrying out this chapter not inconsistent with the laws of this state. The commission may promulgate and adopt bylaws, rules and regulations that are reasonably necessary for such purpose. The promulgation and adoption of rules and regulations authorized by this section shall be pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(b) The commission's rules and regulations may incorporate and establish canons of ethics and minimum acceptable standards of practice for licensees.
(c) Each member of the commission shall receive a certificate of appointment from the governor before entering upon the discharge of the duties of office.
(d) The commission or any committee of the commission shall be entitled to the services of the attorney general and reporter or the legal department of this state in connection with the affairs of the commission.
(e) The commission may prefer a complaint for violation of this chapter before any court of competent jurisdiction, and it may take the necessary legal steps through the proper legal officer of the state to enforce this chapter and collect the penalties provided in this chapter.
Acts 1973, ch. 181, § 7(b), (c); 1981, ch. 473, § 4; T.C.A., § 62-1311; Acts 1987, ch. 419, §§ 1, 2.
Tenn. Code Ann. § 62-6-507 — TN Code / Title 62 / Chapter 6 / Section 62-6-507
Expiration of licenses - Assignment and transfer - Renewal - Issuance of duplicate licenses
Status: in_force

(a) All licenses, except temporary licenses, shall expire the last day of the twenty-fourth month from the date of issuance. (b) No license shall be assignable or transferable except as provided in this subsection (b). A license to conduct a home improvement business issued to an individual may be assigned or transferred for the remainder of the license period to a partnership or stockholder of a corporation owning not less than twenty-five percent (25%) of the outstanding stock at the time of assignment or transfer. A license issued to a partnership may be assigned or transferred for the remainder of the license period to any one (1) member of the partnership; provided, that the member obtains the consent of all of the other members of the partnership. The application for transfer or assignment shall be accompanied by proof satisfactory to the board that there has been compliance with the requirements of this subsection (b). No assignment or transfer shall become effective unless and until the endorsement of the transfer or assignment has been made on the face of the license by the commissioner and the license, so endorsed, has been returned to the assignee or transferee. All endorsements shall be made without payment of any fee. (c) Any license, except a temporary license, that has not been suspended or revoked, may, upon the payment of the renewal fee prescribed by this part, be renewed for an additional period of twenty-four (24) months from its expiration, upon the filing of an application for renewal, on a form to be prescribed by the board. The form shall include a statement to be completed by the applicant indicating all material changes from the original application for a license. A penalty fee of ten dollars ($10.00) per month, not to exceed thirty dollars ($30.00), shall be assessed on any renewal application postmarked after the date of expiration. No renewal application shall be accepted more than ninety (90) days after the expiration of the license. (d) A duplicate license may be issued for one lost, destroyed or mutilated upon application for a duplicate on a form prescribed by the board and the payment of the fee prescribed by this part. Each duplicate license shall have the word "duplicate" stamped across the face of the license and shall bear the same number as the one it replaces. Acts 2007, ch. 460, § 2; 2008, ch. 1038, §§ 1, 2.
(a) All licenses, except temporary licenses, shall expire the last day of the twenty-fourth month from the date of issuance.
(b) No license shall be assignable or transferable except as provided in this subsection (b). A license to conduct a home improvement business issued to an individual may be assigned or transferred for the remainder of the license period to a partnership or stockholder of a corporation owning not less than twenty-five percent (25%) of the outstanding stock at the time of assignment or transfer. A license issued to a partnership may be assigned or transferred for the remainder of the license period to any one (1) member of the partnership; provided, that the member obtains the consent of all of the other members of the partnership. The application for transfer or assignment shall be accompanied by proof satisfactory to the board that there has been compliance with the requirements of this subsection (b). No assignment or transfer shall become effective unless and until the endorsement of the transfer or assignment has been made on the face of the license by the commissioner and the license, so endorsed, has been returned to the assignee or transferee. All endorsements shall be made without payment of any fee.
(c) Any license, except a temporary license, that has not been suspended or revoked, may, upon the payment of the renewal fee prescribed by this part, be renewed for an additional period of twenty-four (24) months from its expiration, upon the filing of an application for renewal, on a form to be prescribed by the board. The form shall include a statement to be completed by the applicant indicating all material changes from the original application for a license. A penalty fee of ten dollars ($10.00) per month, not to exceed thirty dollars ($30.00), shall be assessed on any renewal application postmarked after the date of expiration. No renewal application shall be accepted more than ninety (90) days after the expiration of the license.
(d) A duplicate license may be issued for one lost, destroyed or mutilated upon application for a duplicate on a form prescribed by the board and the payment of the fee prescribed by this part. Each duplicate license shall have the word "duplicate" stamped across the face of the license and shall bear the same number as the one it replaces.
Acts 2007, ch. 460, § 2; 2008, ch. 1038, §§ 1, 2.
Tenn. Code Ann. § 62-2-303 — TN Code / Title 62 / Chapter 2 / Section 62-2-303
Additional evidence
Status: in_force

Applicants for registration in cases where the evidence originally presented in the application does not appear to the board conclusive or as warranting the issuance of a certificate may be required to present other evidence as required by the board. Acts 1979, ch. 263, § 23; T.C.A., § 62-223.
Applicants for registration in cases where the evidence originally presented in the application does not appear to the board conclusive or as warranting the issuance of a certificate may be required to present other evidence as required by the board.
Acts 1979, ch. 263, § 23; T.C.A., § 62-223.
Tenn. Code Ann. § 62-35-105 — TN Code / Title 62 / Chapter 35 / Section 62-35-105
Application for licenses - Filing - Form - Contents
Status: in_force

(a) An application for a contract security company license shall be filed with the commissioner on the prescribed form. The application shall include: (1) (A) The full name and business address of the applicant; (B) If the applicant is a partnership, the name and address of each partner; or (C) If the applicant is a corporation, the name and address of the qualifying agent; (2) The name under which the applicant intends to do business; (3) The address of the principal place of business and all branch offices of the applicant within this state; (4) As to each individual applicant or, if the applicant is a partnership, as to each partner or, if the applicant is a corporation, as to the qualifying agent, the following information: (A) Full name; (B) Date and place of birth; (C) [Deleted by 2020 amendment.] (D) [Deleted by 2020 amendment.] (E) One (1) set of classifiable electronic fingerprints; and (F) [Deleted by 2020 amendment.] (G) A list of all convictions and pending charges of commission of a felony or misdemeanor in any jurisdiction; (5) If the applicant is a corporation, the following information: (A) The correct legal name of the corporation; (B) The state and date of incorporation; (C) The date the corporation qualified to do business in this state; (D) The address of the corporate headquarters, if located outside this state; and (E) The names of two (2) principal corporate officers other than the qualifying agent and the business address, residence address and the office held by each in the corporation; and (6) Other information the commissioner may reasonably require. (b) The application shall be subscribed and sworn to: (1) By the applicant, if the applicant is an individual; (2) By each partner, if the applicant is a partnership; or (3) By the qualifying agent, if the applicant is a corporation. (c) Any individual signing the application must be at least twenty-one (21) years of age. (d) (1) Notwithstanding any provision of this chapter to the contrary, a properly licensed contract security company may use temporary employees not registered with the department as temporary security guard/officers for special events upon the approval of a special event permit by the commissioner. A temporary security guard/officer used pursuant to this subdivision (d)(1) must: (A) Be at least eighteen (18) years of age; (B) Act as a temporary security guard/officer under a special event permit for no more than ten (10) days in a calendar year; (C) Have no arrest authority; and (D) Not be armed during the temporary employment. (2) Applications for a special event permit must include: (A) The names of the temporary employees; (B) The addresses of the temporary employees; (C) The birth dates of the temporary employees; (D) The fee as set by subsection (e); (E) The identity, location, and date of the special event or events for which the temporary employees are to be employed; and (F) Other information as the commissioner may reasonably require. (e) Applications for a special event permit must be submitted to the commissioner at least five (5) days prior to the commencement of the special event and accompanied by a fee for each temporary employee or special event permit as set by rule. If the commissioner has not set a fee for registration of a temporary employee or special event permit by rule, then the fee shall be thirty-five dollars ($35.00) per temporary employee. (f) A special event permit shall only be valid for the dates, locations, and events disclosed on the permit application. A new application for a special event permit must be filed for any additional dates or locations not authorized. (g) The commissioner may decline to issue a special event permit if the commissioner, in the commissioner's sole discretion, determines that the issuance of such a permit is not in the best interest of the public based on the size of the event, the level of security required by the event, the number of permits previously issued to a contract security company during the past year, or other factors as the commissioner may reasonably consider. (h) Prior to approving the request for a special event permit, the commissioner may require that any person requesting a permit provide a bond on a form acceptable to the commissioner in an amount set by the commissioner. The bond shall be for the benefit of any person who is damaged by a temporary security guard/officer acting under a special event permit. Amended by 2020 Tenn. Acts, ch. 580, Secs.s1, s10, s11 eff. 7/1/2020. Amended by 2020 Tenn. Acts, ch. 580, s 2, eff. 7/1/2020. Amended by 2017 Tenn. Acts, ch. 226, s 7, eff. 7/1/2017. Acts 1987, ch. 436, § 5.
(a) An application for a contract security company license shall be filed with the commissioner on the prescribed form. The application shall include: (1) (A) The full name and business address of the applicant; (B) If the applicant is a partnership, the name and address of each partner; or (C) If the applicant is a corporation, the name and address of the qualifying agent; (2) The name under which the applicant intends to do business; (3) The address of the principal place of business and all branch offices of the applicant within this state; (4) As to each individual applicant or, if the applicant is a partnership, as to each partner or, if the applicant is a corporation, as to the qualifying agent, the following information: (A) Full name; (B) Date and place of birth; (C) [Deleted by 2020 amendment.] (D) [Deleted by 2020 amendment.] (E) One (1) set of classifiable electronic fingerprints; and (F) [Deleted by 2020 amendment.] (G) A list of all convictions and pending charges of commission of a felony or misdemeanor in any jurisdiction; (5) If the applicant is a corporation, the following information: (A) The correct legal name of the corporation; (B) The state and date of incorporation; (C) The date the corporation qualified to do business in this state; (D) The address of the corporate headquarters, if located outside this state; and (E) The names of two (2) principal corporate officers other than the qualifying agent and the business address, residence address and the office held by each in the corporation; and (6) Other information the commissioner may reasonably require.
(1) (A) The full name and business address of the applicant; (B) If the applicant is a partnership, the name and address of each partner; or (C) If the applicant is a corporation, the name and address of the qualifying agent;
(A) The full name and business address of the applicant;
(B) If the applicant is a partnership, the name and address of each partner; or
(C) If the applicant is a corporation, the name and address of the qualifying agent;
(2) The name under which the applicant intends to do business;
(3) The address of the principal place of business and all branch offices of the applicant within this state;
(4) As to each individual applicant or, if the applicant is a partnership, as to each partner or, if the applicant is a corporation, as to the qualifying agent, the following information: (A) Full name; (B) Date and place of birth; (C) [Deleted by 2020 amendment.] (D) [Deleted by 2020 amendment.] (E) One (1) set of classifiable electronic fingerprints; and (F) [Deleted by 2020 amendment.] (G) A list of all convictions and pending charges of commission of a felony or misdemeanor in any jurisdiction;
(A) Full name;
(B) Date and place of birth;
(C) [Deleted by 2020 amendment.]
(D) [Deleted by 2020 amendment.]
(E) One (1) set of classifiable electronic fingerprints; and
(F) [Deleted by 2020 amendment.]
(G) A list of all convictions and pending charges of commission of a felony or misdemeanor in any jurisdiction;
(5) If the applicant is a corporation, the following information: (A) The correct legal name of the corporation; (B) The state and date of incorporation; (C) The date the corporation qualified to do business in this state; (D) The address of the corporate headquarters, if located outside this state; and (E) The names of two (2) principal corporate officers other than the qualifying agent and the business address, residence address and the office held by each in the corporation; and
(A) The correct legal name of the corporation;
(B) The state and date of incorporation;
(C) The date the corporation qualified to do business in this state;
(D) The address of the corporate headquarters, if located outside this state; and
(E) The names of two (2) principal corporate officers other than the qualifying agent and the business address, residence address and the office held by each in the corporation; and
(6) Other information the commissioner may reasonably require.
(b) The application shall be subscribed and sworn to: (1) By the applicant, if the applicant is an individual; (2) By each partner, if the applicant is a partnership; or (3) By the qualifying agent, if the applicant is a corporation.
(1) By the applicant, if the applicant is an individual;
(2) By each partner, if the applicant is a partnership; or
(3) By the qualifying agent, if the applicant is a corporation.
(c) Any individual signing the application must be at least twenty-one (21) years of age.
(d) (1) Notwithstanding any provision of this chapter to the contrary, a properly licensed contract security company may use temporary employees not registered with the department as temporary security guard/officers for special events upon the approval of a special event permit by the commissioner. A temporary security guard/officer used pursuant to this subdivision (d)(1) must: (A) Be at least eighteen (18) years of age; (B) Act as a temporary security guard/officer under a special event permit for no more than ten (10) days in a calendar year; (C) Have no arrest authority; and (D) Not be armed during the temporary employment. (2) Applications for a special event permit must include: (A) The names of the temporary employees; (B) The addresses of the temporary employees; (C) The birth dates of the temporary employees; (D) The fee as set by subsection (e); (E) The identity, location, and date of the special event or events for which the temporary employees are to be employed; and (F) Other information as the commissioner may reasonably require.
(1) Notwithstanding any provision of this chapter to the contrary, a properly licensed contract security company may use temporary employees not registered with the department as temporary security guard/officers for special events upon the approval of a special event permit by the commissioner. A temporary security guard/officer used pursuant to this subdivision (d)(1) must: (A) Be at least eighteen (18) years of age; (B) Act as a temporary security guard/officer under a special event permit for no more than ten (10) days in a calendar year; (C) Have no arrest authority; and (D) Not be armed during the temporary employment.
(A) Be at least eighteen (18) years of age;
(B) Act as a temporary security guard/officer under a special event permit for no more than ten (10) days in a calendar year;
(C) Have no arrest authority; and
(D) Not be armed during the temporary employment.
(2) Applications for a special event permit must include: (A) The names of the temporary employees; (B) The addresses of the temporary employees; (C) The birth dates of the temporary employees; (D) The fee as set by subsection (e); (E) The identity, location, and date of the special event or events for which the temporary employees are to be employed; and (F) Other information as the commissioner may reasonably require.
(A) The names of the temporary employees;
(B) The addresses of the temporary employees;
(C) The birth dates of the temporary employees;
(D) The fee as set by subsection (e);
(E) The identity, location, and date of the special event or events for which the temporary employees are to be employed; and
(F) Other information as the commissioner may reasonably require.
(e) Applications for a special event permit must be submitted to the commissioner at least five (5) days prior to the commencement of the special event and accompanied by a fee for each temporary employee or special event permit as set by rule. If the commissioner has not set a fee for registration of a temporary employee or special event permit by rule, then the fee shall be thirty-five dollars ($35.00) per temporary employee.
(f) A special event permit shall only be valid for the dates, locations, and events disclosed on the permit application. A new application for a special event permit must be filed for any additional dates or locations not authorized.
(g) The commissioner may decline to issue a special event permit if the commissioner, in the commissioner's sole discretion, determines that the issuance of such a permit is not in the best interest of the public based on the size of the event, the level of security required by the event, the number of permits previously issued to a contract security company during the past year, or other factors as the commissioner may reasonably consider.
(h) Prior to approving the request for a special event permit, the commissioner may require that any person requesting a permit provide a bond on a form acceptable to the commissioner in an amount set by the commissioner. The bond shall be for the benefit of any person who is damaged by a temporary security guard/officer acting under a special event permit.
Amended by 2020 Tenn. Acts, ch. 580, Secs.s1, s10, s11 eff. 7/1/2020.
Amended by 2020 Tenn. Acts, ch. 580, s 2, eff. 7/1/2020.
Amended by 2017 Tenn. Acts, ch. 226, s 7, eff. 7/1/2017.
Acts 1987, ch. 436, § 5.
Tenn. Code Ann. § 62-5-604 — TN Code / Title 62 / Chapter 5 / Section 62-5-604
Credit for serving as lecturer or discussion leader
Status: in_force

A licensee who serves as a lecturer or discussion leader of an approved continuing education course or workshop may satisfy up to twenty-five percent (25%) of the continuing education requirement. Repetitious presentations shall be counted once. Acts 1997, ch. 275, § 5.
A licensee who serves as a lecturer or discussion leader of an approved continuing education course or workshop may satisfy up to twenty-five percent (25%) of the continuing education requirement. Repetitious presentations shall be counted once.
Acts 1997, ch. 275, § 5.
Tenn. Code Ann. § 62-1-105 — TN Code / Title 62 / Chapter 1 / Section 62-1-105
Board officers - Meetings - Procedure - Records - Executive director - Rules - Promotion of improved accounting standards
Status: in_force

(a) The board shall elect a chair, vice chair and secretary annually from its members. A quorum for the transaction of board business shall consist of a majority of the members. The board shall meet at such places within the state and at such times that are required for the proper administration of this chapter. Members of the board shall be given reasonable notice of each regular or special meeting of the board. (b) The board shall, by a vote of two-thirds (2/3) of its members, adopt rules of procedure governing the conduct of matters before the board. The board shall, before April 30 of each year, publish and make available a roster of all certified public accountants, all public accountants, all holders of valid permits to practice and all currently registered offices. The board may also publish from time to time reports on the activities of the board, including information it deems relevant to the public interest. The board shall maintain an accurate record of all proceedings before the board, including, but not limited to, minutes detailing what transpired and action taken at board meetings, records of all complaints received, whether oral or written and disposition of each complaint, specific reasons for denials of applicants to become certified or licensed and reasons for revocations, suspensions and other disciplinary actions taken by the board. (c) (1) The board shall have an executive director, who shall be appointed by the board, and compensation for the executive director shall be established by the board. The board shall retain and establish the qualifications and compensation for investigators and other staff requiring professional qualifications. The executive director and all members of the board's staff requiring professional qualifications shall serve at the pleasure of the board. The board shall determine annually in advance its expenditures for equipment, peer review and other professional programs and participation in the activities of the National Association of State Boards of Accountancy. The expenditures so established, together with all other expenses of the board, shall be budgeted by the board not to exceed the fees received by the board, including the accrual of fees previously received. The commissioner of finance and administration shall inform the board annually, for budgeting purposes, the allocation of overhead to the board. The executive director of the board shall have an adequate staff, including part-time personnel, as determined by the board and shall be responsible for the daily operations of the board, including, but not limited to: (A) Maintenance and security of all necessary records and files; (B) Ensuring adequate meeting space for board meetings; (C) Implementation of board policies and procedures; (D) Informing the board as to state policies and procedures; and (E) Any other matters delegated by the board. (2) Any expenditure by the board under this section shall be subject to approval by the commissioner of finance and administration, pursuant to the board's annual budget submitted to the commissioner of commerce and insurance and approved by the commissioner of finance and administration. (d) The board may appoint committees from within or without the board, which shall be compensated in the manner provided in this chapter. (e) The board may adopt rules governing its administration and enforcement of this chapter and the conduct of licensees, including, but not limited to: (1) Rules governing the board's meetings and the conduct of its business; (2) Rules of procedure governing the conduct of investigations and hearings by the board; (3) Rules specifying the educational and experience qualifications required for the issuance of certificates under § 62-1-107 and the continuing professional education required for renewal of certificates under § 62-1-107 ; (4) Rules of professional conduct directed to controlling the quality and probity of services by licensees and dealing, among other things, with independence, integrity and objectivity, competence and technical standards, responsibilities to the public, and responsibilities to clients; (5) Rules governing the manner and circumstances of use of the titles "certified public accountant" and "CPA"; (6) Rules regarding peer review that may be required to be performed under this chapter; (7) Rules on substantial equivalence to implement § 62-1-117 ; (8) Rules setting fees, including late fees, for examination, reexamination, certification, licensure, certificate renewal, licensure renewal, registration, registration renewal, peer review and other necessary fees; and (9) Other rules that the board may deem necessary or appropriate for implementing the provisions and the purposes of this chapter. (f) The board shall join professional organizations and associations to promote the improvement of the standards of the practice of accounting and for the protection and welfare of the public. In order to be informed about the operations and practices of other boards of accountancy desiring reciprocal exchange and in order to be advised regarding the progress of accountancy throughout the country and to promote uniformity in the regulation of accountancy, the board, executive director and staff shall, at the discretion of the board, travel and attend national and regional meetings of the National Association of State Boards of Accountancy (NASBA) and other appropriate professional meetings at the expense of the board. Travel shall be subject to and in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. Amended by 2016 Tenn. Acts, ch. 595, s 1, eff. 3/10/2016. Acts 1980, ch. 518, § 5; 1984, ch. 676, § 5; 1989, ch. 443, § 3; 1992, ch. 960, §§ 1, 2; 1994, ch. 674, §§ 5, 6; 1995, ch. 424, § 1; 1998, ch. 700, §§ 2, 3; 1999, ch. 65, § 1; 2002, ch. 654, §§ 1 - 3.
(a) The board shall elect a chair, vice chair and secretary annually from its members. A quorum for the transaction of board business shall consist of a majority of the members. The board shall meet at such places within the state and at such times that are required for the proper administration of this chapter. Members of the board shall be given reasonable notice of each regular or special meeting of the board.
(b) The board shall, by a vote of two-thirds (2/3) of its members, adopt rules of procedure governing the conduct of matters before the board. The board shall, before April 30 of each year, publish and make available a roster of all certified public accountants, all public accountants, all holders of valid permits to practice and all currently registered offices. The board may also publish from time to time reports on the activities of the board, including information it deems relevant to the public interest. The board shall maintain an accurate record of all proceedings before the board, including, but not limited to, minutes detailing what transpired and action taken at board meetings, records of all complaints received, whether oral or written and disposition of each complaint, specific reasons for denials of applicants to become certified or licensed and reasons for revocations, suspensions and other disciplinary actions taken by the board.
(c) (1) The board shall have an executive director, who shall be appointed by the board, and compensation for the executive director shall be established by the board. The board shall retain and establish the qualifications and compensation for investigators and other staff requiring professional qualifications. The executive director and all members of the board's staff requiring professional qualifications shall serve at the pleasure of the board. The board shall determine annually in advance its expenditures for equipment, peer review and other professional programs and participation in the activities of the National Association of State Boards of Accountancy. The expenditures so established, together with all other expenses of the board, shall be budgeted by the board not to exceed the fees received by the board, including the accrual of fees previously received. The commissioner of finance and administration shall inform the board annually, for budgeting purposes, the allocation of overhead to the board. The executive director of the board shall have an adequate staff, including part-time personnel, as determined by the board and shall be responsible for the daily operations of the board, including, but not limited to: (A) Maintenance and security of all necessary records and files; (B) Ensuring adequate meeting space for board meetings; (C) Implementation of board policies and procedures; (D) Informing the board as to state policies and procedures; and (E) Any other matters delegated by the board. (2) Any expenditure by the board under this section shall be subject to approval by the commissioner of finance and administration, pursuant to the board's annual budget submitted to the commissioner of commerce and insurance and approved by the commissioner of finance and administration.
(1) The board shall have an executive director, who shall be appointed by the board, and compensation for the executive director shall be established by the board. The board shall retain and establish the qualifications and compensation for investigators and other staff requiring professional qualifications. The executive director and all members of the board's staff requiring professional qualifications shall serve at the pleasure of the board. The board shall determine annually in advance its expenditures for equipment, peer review and other professional programs and participation in the activities of the National Association of State Boards of Accountancy. The expenditures so established, together with all other expenses of the board, shall be budgeted by the board not to exceed the fees received by the board, including the accrual of fees previously received. The commissioner of finance and administration shall inform the board annually, for budgeting purposes, the allocation of overhead to the board. The executive director of the board shall have an adequate staff, including part-time personnel, as determined by the board and shall be responsible for the daily operations of the board, including, but not limited to: (A) Maintenance and security of all necessary records and files; (B) Ensuring adequate meeting space for board meetings; (C) Implementation of board policies and procedures; (D) Informing the board as to state policies and procedures; and (E) Any other matters delegated by the board.
(A) Maintenance and security of all necessary records and files;
(B) Ensuring adequate meeting space for board meetings;
(C) Implementation of board policies and procedures;
(D) Informing the board as to state policies and procedures; and
(E) Any other matters delegated by the board.
(2) Any expenditure by the board under this section shall be subject to approval by the commissioner of finance and administration, pursuant to the board's annual budget submitted to the commissioner of commerce and insurance and approved by the commissioner of finance and administration.
(d) The board may appoint committees from within or without the board, which shall be compensated in the manner provided in this chapter.
(e) The board may adopt rules governing its administration and enforcement of this chapter and the conduct of licensees, including, but not limited to: (1) Rules governing the board's meetings and the conduct of its business; (2) Rules of procedure governing the conduct of investigations and hearings by the board; (3) Rules specifying the educational and experience qualifications required for the issuance of certificates under § 62-1-107 and the continuing professional education required for renewal of certificates under § 62-1-107 ; (4) Rules of professional conduct directed to controlling the quality and probity of services by licensees and dealing, among other things, with independence, integrity and objectivity, competence and technical standards, responsibilities to the public, and responsibilities to clients; (5) Rules governing the manner and circumstances of use of the titles "certified public accountant" and "CPA"; (6) Rules regarding peer review that may be required to be performed under this chapter; (7) Rules on substantial equivalence to implement § 62-1-117 ; (8) Rules setting fees, including late fees, for examination, reexamination, certification, licensure, certificate renewal, licensure renewal, registration, registration renewal, peer review and other necessary fees; and (9) Other rules that the board may deem necessary or appropriate for implementing the provisions and the purposes of this chapter.
(1) Rules governing the board's meetings and the conduct of its business;
(2) Rules of procedure governing the conduct of investigations and hearings by the board;
(3) Rules specifying the educational and experience qualifications required for the issuance of certificates under § 62-1-107 and the continuing professional education required for renewal of certificates under § 62-1-107 ;
(4) Rules of professional conduct directed to controlling the quality and probity of services by licensees and dealing, among other things, with independence, integrity and objectivity, competence and technical standards, responsibilities to the public, and responsibilities to clients;
(5) Rules governing the manner and circumstances of use of the titles "certified public accountant" and "CPA";
(6) Rules regarding peer review that may be required to be performed under this chapter;
(7) Rules on substantial equivalence to implement § 62-1-117 ;
(8) Rules setting fees, including late fees, for examination, reexamination, certification, licensure, certificate renewal, licensure renewal, registration, registration renewal, peer review and other necessary fees; and
(9) Other rules that the board may deem necessary or appropriate for implementing the provisions and the purposes of this chapter.
(f) The board shall join professional organizations and associations to promote the improvement of the standards of the practice of accounting and for the protection and welfare of the public. In order to be informed about the operations and practices of other boards of accountancy desiring reciprocal exchange and in order to be advised regarding the progress of accountancy throughout the country and to promote uniformity in the regulation of accountancy, the board, executive director and staff shall, at the discretion of the board, travel and attend national and regional meetings of the National Association of State Boards of Accountancy (NASBA) and other appropriate professional meetings at the expense of the board. Travel shall be subject to and in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
Amended by 2016 Tenn. Acts, ch. 595, s 1, eff. 3/10/2016.
Acts 1980, ch. 518, § 5; 1984, ch. 676, § 5; 1989, ch. 443, § 3; 1992, ch. 960, §§ 1, 2; 1994, ch. 674, §§ 5, 6; 1995, ch. 424, § 1; 1998, ch. 700, §§ 2, 3; 1999, ch. 65, § 1; 2002, ch. 654, §§ 1 - 3.
Tenn. Code Ann. § 62-18-120 — TN Code / Title 62 / Chapter 18 / Section 62-18-120
Violations
Status: in_force

(a) A person commits a Class C misdemeanor who: (1) Presents or attempts to file as that person's own the certificate of registration of another; (2) Gives forged or willfully false evidence of any kind to the board or any member of the board for the purpose of obtaining a certificate; (3) Falsely impersonates any other practitioner; or (4) Uses or attempts to use an expired or revoked certificate of registration. (b) Any person who practices or offers to practice land surveying in this state in violation of this part commits a Class C misdemeanor. Each day of violation constitutes a separate offense. (c) A person shall be construed to practice, or offer to practice, land surveying who, by verbal claim, sign, advertisement, letterhead, card or any other way, represents the person to be a land surveyor, with or without qualifying adjectives, or through the use of some other title implies that the person is a land surveyor. (d) The grand juries of the state are given inquisitorial power over all violations of this part, and the judges of the courts shall give inquisitorial power in their charges to the grand juries. (e) It is the duty of the members of the board to report any violations of this part to the proper authorities. (f) "Person," as used in this section, includes firms and corporations. (g) Prosecutions for any person who practices or offers to practice land surveying in this state in violation of this part shall be commenced within four (4) years next after the offense has been committed. Acts 1969, ch. 207, § 13; T.C.A., § 62-1819; Acts 1985, ch. 146, § 2; 1989, ch. 591, § 113.
(a) A person commits a Class C misdemeanor who: (1) Presents or attempts to file as that person's own the certificate of registration of another; (2) Gives forged or willfully false evidence of any kind to the board or any member of the board for the purpose of obtaining a certificate; (3) Falsely impersonates any other practitioner; or (4) Uses or attempts to use an expired or revoked certificate of registration.
(1) Presents or attempts to file as that person's own the certificate of registration of another;
(2) Gives forged or willfully false evidence of any kind to the board or any member of the board for the purpose of obtaining a certificate;
(3) Falsely impersonates any other practitioner; or
(4) Uses or attempts to use an expired or revoked certificate of registration.
(b) Any person who practices or offers to practice land surveying in this state in violation of this part commits a Class C misdemeanor. Each day of violation constitutes a separate offense.
(c) A person shall be construed to practice, or offer to practice, land surveying who, by verbal claim, sign, advertisement, letterhead, card or any other way, represents the person to be a land surveyor, with or without qualifying adjectives, or through the use of some other title implies that the person is a land surveyor.
(d) The grand juries of the state are given inquisitorial power over all violations of this part, and the judges of the courts shall give inquisitorial power in their charges to the grand juries.
(e) It is the duty of the members of the board to report any violations of this part to the proper authorities.
(f) "Person," as used in this section, includes firms and corporations.
(g) Prosecutions for any person who practices or offers to practice land surveying in this state in violation of this part shall be commenced within four (4) years next after the offense has been committed.
Acts 1969, ch. 207, § 13; T.C.A., § 62-1819; Acts 1985, ch. 146, § 2; 1989, ch. 591, § 113.