Tenn. Code Ann. § 62-5-507 — TN Code / Title 62 / Chapter 5 / Section 62-5-507
Crematory facility operator duties
Status: in_force

(a) The operator of a crematory facility may schedule the time for the cremation of a dead human body to occur at the operator's own convenience at any time after the conditions set forth in § 62-5-504 have been met and the decedent or body parts have been delivered to the facility, unless, in the case of a dead human body, the operator has received specific instructions to the contrary from the licensed establishment. The operator of a crematory facility becomes responsible for a dead human body or body parts when the body or body parts have been delivered to or accepted by the facility or an employee or agent of the facility. (b) No operator of a crematory facility shall fail to do either of the following: (1) Upon receipt at the crematory facility of any dead human body that has not been embalmed, place the body in a holding or refrigerated facility at the crematory facility and keep the body in the holding or refrigerated facility until near the time the cremation process commences or until the body is held at the facility for eight (8) hours or longer. If the body is held for eight (8) hours or longer, place the body in a refrigerated facility at the crematory facility and keep the body in the refrigerated facility until near the time the cremation process commences; or (2) Upon receipt of any dead human body that has been embalmed, place the body in a holding facility at the crematory facility and keep the body in the holding facility until the cremation process commences. (c) No operator of a crematory facility shall fail to cremate, in its entirety with the body, the casket or container, if any, in which the body was delivered or accepted by the crematory facility, if the instructions for the disposition of the body so request that item be cremated with the body; provided, that the crematory facility shall be permitted to remove any non-combustible materials from the casket or container prior to cremation. (d) No operator of a crematory facility shall simultaneously cremate more than one (1) decedent or body parts removed from more than one (1) decedent or living person in the same cremation chamber. This subsection (d) does not prohibit the use of cremation equipment that contains more than one (1) cremation chamber. (e) No operator of a crematory facility shall permit any person other than employees of the crematory facility, a licensed funeral director or a designee of a funeral director and persons authorized pursuant to the instructions of the decedent or an heir or personal representative of the decedent, if any, to be present in the holding facility or cremation room while any dead human bodies or body parts are being held there prior to cremation or are being cremated or while any cremated remains are being removed from the cremation chamber. (f) (1) No operator of a crematory facility shall remove any dental gold, body parts, organs or other items of value from a dead human body prior to the cremation or from the cremated remains after cremation unless the operator was acting under instructions that specifically authorize the removal of any dental gold, body parts, organs or other items of value. (2) No operator of a crematory facility who removes any dental gold, body parts, organs, or other items from a dead human body or assists in the removal shall charge a fee for doing so that exceeds the actual cost to the crematory facility for performing or assisting in the removal of those materials. (g) Upon the completion of each cremation, the operator of a crematory facility shall remove from the cremation chamber all of the cremation residue that is practicably recoverable. If all of the recovered cremated remains will not fit in the urn selected or in the temporary container, the operator shall place the remainder in a separate temporary container; and the cremated remains placed in the separate temporary container shall be delivered, released or disposed of together with those in the urn or other temporary container. Nothing in this section requires an operator of a crematory facility to recover any specified quantity or quality of cremated remains upon the completion of a cremation, but shall only require an operator to recover from the cremation chamber all of the cremation residue that is practically recoverable. (h) No operator of a crematory facility shall knowingly represent that an urn or temporary container contains the recovered cremated remains of a specific decedent or of body parts removed from a specific decedent or living person when it does not. This section does not prohibit the making of such a representation because of the presence in the recovered cremated remains of de minimis amounts of the cremated remains of another decedent or of body parts. (i) Operators of a crematory facility or a funeral director shall ship or cause to be shipped any cremated remains by a class or method of mail, common carrier service or delivery service that has an internal system for tracing the location of the cremated remains during shipment and that requires a signed receipt from the person accepting delivery of the cremated remains. (j) Operators of a crematory facility shall establish and maintain a system for accurately identifying each dead human body in the facility's possession and for identifying each decedent or living person from whom body parts in the facility's possession were removed throughout all phases of the holding and cremation process. (k) No operator of a crematory facility shall knowingly use or allow the use of the same cremation chamber for the cremation of dead human bodies or human body parts and animals. Acts 1999, ch. 215, § 7; 2000, ch. 779, §§ 8 - 15.
(a) The operator of a crematory facility may schedule the time for the cremation of a dead human body to occur at the operator's own convenience at any time after the conditions set forth in § 62-5-504 have been met and the decedent or body parts have been delivered to the facility, unless, in the case of a dead human body, the operator has received specific instructions to the contrary from the licensed establishment. The operator of a crematory facility becomes responsible for a dead human body or body parts when the body or body parts have been delivered to or accepted by the facility or an employee or agent of the facility.
(b) No operator of a crematory facility shall fail to do either of the following: (1) Upon receipt at the crematory facility of any dead human body that has not been embalmed, place the body in a holding or refrigerated facility at the crematory facility and keep the body in the holding or refrigerated facility until near the time the cremation process commences or until the body is held at the facility for eight (8) hours or longer. If the body is held for eight (8) hours or longer, place the body in a refrigerated facility at the crematory facility and keep the body in the refrigerated facility until near the time the cremation process commences; or (2) Upon receipt of any dead human body that has been embalmed, place the body in a holding facility at the crematory facility and keep the body in the holding facility until the cremation process commences.
(1) Upon receipt at the crematory facility of any dead human body that has not been embalmed, place the body in a holding or refrigerated facility at the crematory facility and keep the body in the holding or refrigerated facility until near the time the cremation process commences or until the body is held at the facility for eight (8) hours or longer. If the body is held for eight (8) hours or longer, place the body in a refrigerated facility at the crematory facility and keep the body in the refrigerated facility until near the time the cremation process commences; or
(2) Upon receipt of any dead human body that has been embalmed, place the body in a holding facility at the crematory facility and keep the body in the holding facility until the cremation process commences.
(c) No operator of a crematory facility shall fail to cremate, in its entirety with the body, the casket or container, if any, in which the body was delivered or accepted by the crematory facility, if the instructions for the disposition of the body so request that item be cremated with the body; provided, that the crematory facility shall be permitted to remove any non-combustible materials from the casket or container prior to cremation.
(d) No operator of a crematory facility shall simultaneously cremate more than one (1) decedent or body parts removed from more than one (1) decedent or living person in the same cremation chamber. This subsection (d) does not prohibit the use of cremation equipment that contains more than one (1) cremation chamber.
(e) No operator of a crematory facility shall permit any person other than employees of the crematory facility, a licensed funeral director or a designee of a funeral director and persons authorized pursuant to the instructions of the decedent or an heir or personal representative of the decedent, if any, to be present in the holding facility or cremation room while any dead human bodies or body parts are being held there prior to cremation or are being cremated or while any cremated remains are being removed from the cremation chamber.
(f) (1) No operator of a crematory facility shall remove any dental gold, body parts, organs or other items of value from a dead human body prior to the cremation or from the cremated remains after cremation unless the operator was acting under instructions that specifically authorize the removal of any dental gold, body parts, organs or other items of value. (2) No operator of a crematory facility who removes any dental gold, body parts, organs, or other items from a dead human body or assists in the removal shall charge a fee for doing so that exceeds the actual cost to the crematory facility for performing or assisting in the removal of those materials.
(1) No operator of a crematory facility shall remove any dental gold, body parts, organs or other items of value from a dead human body prior to the cremation or from the cremated remains after cremation unless the operator was acting under instructions that specifically authorize the removal of any dental gold, body parts, organs or other items of value.
(2) No operator of a crematory facility who removes any dental gold, body parts, organs, or other items from a dead human body or assists in the removal shall charge a fee for doing so that exceeds the actual cost to the crematory facility for performing or assisting in the removal of those materials.
(g) Upon the completion of each cremation, the operator of a crematory facility shall remove from the cremation chamber all of the cremation residue that is practicably recoverable. If all of the recovered cremated remains will not fit in the urn selected or in the temporary container, the operator shall place the remainder in a separate temporary container; and the cremated remains placed in the separate temporary container shall be delivered, released or disposed of together with those in the urn or other temporary container. Nothing in this section requires an operator of a crematory facility to recover any specified quantity or quality of cremated remains upon the completion of a cremation, but shall only require an operator to recover from the cremation chamber all of the cremation residue that is practically recoverable.
(h) No operator of a crematory facility shall knowingly represent that an urn or temporary container contains the recovered cremated remains of a specific decedent or of body parts removed from a specific decedent or living person when it does not. This section does not prohibit the making of such a representation because of the presence in the recovered cremated remains of de minimis amounts of the cremated remains of another decedent or of body parts.
(i) Operators of a crematory facility or a funeral director shall ship or cause to be shipped any cremated remains by a class or method of mail, common carrier service or delivery service that has an internal system for tracing the location of the cremated remains during shipment and that requires a signed receipt from the person accepting delivery of the cremated remains.
(j) Operators of a crematory facility shall establish and maintain a system for accurately identifying each dead human body in the facility's possession and for identifying each decedent or living person from whom body parts in the facility's possession were removed throughout all phases of the holding and cremation process.
(k) No operator of a crematory facility shall knowingly use or allow the use of the same cremation chamber for the cremation of dead human bodies or human body parts and animals.
Acts 1999, ch. 215, § 7; 2000, ch. 779, §§ 8 - 15.
Tenn. Code Ann. § 62-39-303 — TN Code / Title 62 / Chapter 39 / Section 62-39-303
License - Appraiser - Qualifications
Status: in_force

To qualify for a real estate appraiser license, an applicant must: (1) Have a high school diploma or its equivalent; and (2) Have met the current requirements for licensure as set forth by the appraisal qualifications board of the appraisal foundation. Acts 1990, ch. 865, § 12; 1991, ch. 108, § 1; 1991, ch. 366, §§ 13, 14; 1994, ch. 605, § 1.
To qualify for a real estate appraiser license, an applicant must:
(1) Have a high school diploma or its equivalent; and
(2) Have met the current requirements for licensure as set forth by the appraisal qualifications board of the appraisal foundation.
Acts 1990, ch. 865, § 12; 1991, ch. 108, § 1; 1991, ch. 366, §§ 13, 14; 1994, ch. 605, § 1.
Tenn. Code Ann. § 62-25-105 — TN Code / Title 62 / Chapter 25 / Section 62-25-105
Penalties
Status: in_force

(a) It is unlawful for any person to knowingly refer a prospective tenant to: (1) A nonexistent address; (2) Property that is not for lease or rent; (3) Property that does not meet the specifications of the prospective tenant; (4) Property that leases or rents for a different price from that quoted by the rental location agent; (5) Property that has already been leased or rented; or (6) Property listed without the consent of the landlord. (b) It is unlawful for any person acting as a rental location agent to advertise in any manner without including the person's name and the fact that the person is a rental location agent in the advertisement. (c) It is unlawful for any person acting as a rental location agent to solicit a listing from a landlord after receipt of written notice from the landlord requesting that no further solicitations be made. (d) A violation of subsection (a), (b) or (c) or § 62-25-104 is a Class C misdemeanor. Acts 1978, ch. 663, § 5; T.C.A., § 62-2505; Acts 1989, ch. 591, § 113.
(a) It is unlawful for any person to knowingly refer a prospective tenant to: (1) A nonexistent address; (2) Property that is not for lease or rent; (3) Property that does not meet the specifications of the prospective tenant; (4) Property that leases or rents for a different price from that quoted by the rental location agent; (5) Property that has already been leased or rented; or (6) Property listed without the consent of the landlord.
(1) A nonexistent address;
(2) Property that is not for lease or rent;
(3) Property that does not meet the specifications of the prospective tenant;
(4) Property that leases or rents for a different price from that quoted by the rental location agent;
(5) Property that has already been leased or rented; or
(6) Property listed without the consent of the landlord.
(b) It is unlawful for any person acting as a rental location agent to advertise in any manner without including the person's name and the fact that the person is a rental location agent in the advertisement.
(c) It is unlawful for any person acting as a rental location agent to solicit a listing from a landlord after receipt of written notice from the landlord requesting that no further solicitations be made.
(d) A violation of subsection (a), (b) or (c) or § 62-25-104 is a Class C misdemeanor.
Acts 1978, ch. 663, § 5; T.C.A., § 62-2505; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 62-76-102 — TN Code / Title 62 / Chapter 76 / Section 62-76-102
Members of licensing bodies to be citizens of Tennessee
Status: in_force

All members of any board, commission or council that licenses, certifies or regulates any profession or occupation shall, during the time of their respective appointments, be citizens of this state. The appointment of any member of any board, commission or council that licenses or certifies any profession or occupation shall terminate when Tennessee is no longer the domicile of the member. Acts 1998, ch. 1088, § 3.
All members of any board, commission or council that licenses, certifies or regulates any profession or occupation shall, during the time of their respective appointments, be citizens of this state. The appointment of any member of any board, commission or council that licenses or certifies any profession or occupation shall terminate when Tennessee is no longer the domicile of the member.
Acts 1998, ch. 1088, § 3.
Tenn. Code Ann. § 62-32-204 — TN Code / Title 62 / Chapter 32 / Section 62-32-204
Certificates, licenses and permits - Fees
Status: in_force

(a) (1) Each firm engaged in the business of installing or servicing portable fire extinguishers or installing or servicing fixed fire extinguisher systems must have a certificate of registration issued by the commissioner. (2) The initial fee for the certificate of registration must be in an amount not to exceed five hundred dollars ($500) and the renewal fee for each year thereafter must be in an amount not to exceed three hundred dollars ($300). (3) A nonrefundable application fee, in an amount not to exceed one hundred dollars ($100), shall accompany the initial application. (4) Each separate office location of a firm engaged in the business of installing or servicing portable fire extinguishers or installing or servicing fixed extinguisher systems, other than the location identified on the certificate of registration, must have a branch office registration certificate issued by the board. The initial fee for a branch office registration certificate must be in an amount not to exceed one hundred dollars ($100), and the renewal fee for each year thereafter must be in an amount not to exceed one hundred dollars ($100). The division shall identify each branch office location as a part of a registered firm before a branch office registration certificate may be issued. (5) A nonrefundable application fee for branch offices, in an amount not to exceed one hundred dollars ($100), shall accompany the initial application. (b) No firm shall perform hydrostatic testing of fire extinguishers without a valid authorization to do such work from the department. Authorization shall be noted on the firm's certificate of registration. The initial authorization fee must be in an amount not to exceed fifty dollars ($50.00) and the renewal fee for each year thereafter must be in an amount not to exceed twenty-five dollars ($25.00). (c) Each extinguisher specialist of firms engaged in the business of installing or servicing portable fire extinguishers or installing or servicing fixed fire extinguisher systems who services extinguishers or fixed systems must have a license issued by the department. (d) (1) The department shall issue a license to only qualified extinguisher specialists. A manufacturer's examination approved by the department shall be used as a basis to determine the qualification for each extinguisher specialist and for each extinguisher technician. (2) An application for a license as an extinguisher specialist shall be submitted on a form prescribed by the department. (3) The application shall be accompanied by: (A) A nonrefundable application fee, in an amount not to exceed twenty-five dollars ($25.00), for initial applications; (B) Proof of qualification from a manufacturer test and school; (C) The initial license fee in an amount not to exceed fifty dollars ($50.00); or (D) A license renewal fee in an amount not to exceed fifty dollars ($50.00). (e) Each person servicing portable fire extinguishers or fixed fire extinguisher systems as an extinguisher technician shall, before servicing any portable fire extinguisher or servicing any fixed fire extinguisher system, apply to the commissioner for an extinguisher technician permit. The fee for the extinguisher technician permit must be in an amount not to exceed thirty dollars ($30.00). An extinguisher technician may perform the services only under direct supervision of a person holding a valid license under this part who works for the same firm as the extinguisher specialist. An extinguisher technician permit is valid for one (1) year from the date of issuance. (f) Each firm must have one (1) employee who is a qualified licensed extinguisher specialist and each branch office must have one (1) employee who is a qualified licensed extinguisher specialist, and each qualified licensed extinguisher specialist will have no more than three (3) extinguisher technicians. (g) A fee in an amount not to exceed fifty dollars ($50.00) shall be charged for a duplicate certificate of registration, license or extinguisher technician permit issued under this part or for any request requiring changes to a certificate of registration, license or permit. A new certificate of registration with a new number shall be issued to a registered firm on a change of ownership for a fee in an amount not to exceed five hundred dollars ($500). A fee in an amount not to exceed one hundred dollars ($100) shall be charged for a change of ownership of a branch office. Acts 1986, ch. 721, § 5.
(a) (1) Each firm engaged in the business of installing or servicing portable fire extinguishers or installing or servicing fixed fire extinguisher systems must have a certificate of registration issued by the commissioner. (2) The initial fee for the certificate of registration must be in an amount not to exceed five hundred dollars ($500) and the renewal fee for each year thereafter must be in an amount not to exceed three hundred dollars ($300). (3) A nonrefundable application fee, in an amount not to exceed one hundred dollars ($100), shall accompany the initial application. (4) Each separate office location of a firm engaged in the business of installing or servicing portable fire extinguishers or installing or servicing fixed extinguisher systems, other than the location identified on the certificate of registration, must have a branch office registration certificate issued by the board. The initial fee for a branch office registration certificate must be in an amount not to exceed one hundred dollars ($100), and the renewal fee for each year thereafter must be in an amount not to exceed one hundred dollars ($100). The division shall identify each branch office location as a part of a registered firm before a branch office registration certificate may be issued. (5) A nonrefundable application fee for branch offices, in an amount not to exceed one hundred dollars ($100), shall accompany the initial application.
(1) Each firm engaged in the business of installing or servicing portable fire extinguishers or installing or servicing fixed fire extinguisher systems must have a certificate of registration issued by the commissioner.
(2) The initial fee for the certificate of registration must be in an amount not to exceed five hundred dollars ($500) and the renewal fee for each year thereafter must be in an amount not to exceed three hundred dollars ($300).
(3) A nonrefundable application fee, in an amount not to exceed one hundred dollars ($100), shall accompany the initial application.
(4) Each separate office location of a firm engaged in the business of installing or servicing portable fire extinguishers or installing or servicing fixed extinguisher systems, other than the location identified on the certificate of registration, must have a branch office registration certificate issued by the board. The initial fee for a branch office registration certificate must be in an amount not to exceed one hundred dollars ($100), and the renewal fee for each year thereafter must be in an amount not to exceed one hundred dollars ($100). The division shall identify each branch office location as a part of a registered firm before a branch office registration certificate may be issued.
(5) A nonrefundable application fee for branch offices, in an amount not to exceed one hundred dollars ($100), shall accompany the initial application.
(b) No firm shall perform hydrostatic testing of fire extinguishers without a valid authorization to do such work from the department. Authorization shall be noted on the firm's certificate of registration. The initial authorization fee must be in an amount not to exceed fifty dollars ($50.00) and the renewal fee for each year thereafter must be in an amount not to exceed twenty-five dollars ($25.00).
(c) Each extinguisher specialist of firms engaged in the business of installing or servicing portable fire extinguishers or installing or servicing fixed fire extinguisher systems who services extinguishers or fixed systems must have a license issued by the department.
(d) (1) The department shall issue a license to only qualified extinguisher specialists. A manufacturer's examination approved by the department shall be used as a basis to determine the qualification for each extinguisher specialist and for each extinguisher technician. (2) An application for a license as an extinguisher specialist shall be submitted on a form prescribed by the department. (3) The application shall be accompanied by: (A) A nonrefundable application fee, in an amount not to exceed twenty-five dollars ($25.00), for initial applications; (B) Proof of qualification from a manufacturer test and school; (C) The initial license fee in an amount not to exceed fifty dollars ($50.00); or (D) A license renewal fee in an amount not to exceed fifty dollars ($50.00).
(1) The department shall issue a license to only qualified extinguisher specialists. A manufacturer's examination approved by the department shall be used as a basis to determine the qualification for each extinguisher specialist and for each extinguisher technician.
(2) An application for a license as an extinguisher specialist shall be submitted on a form prescribed by the department.
(3) The application shall be accompanied by: (A) A nonrefundable application fee, in an amount not to exceed twenty-five dollars ($25.00), for initial applications; (B) Proof of qualification from a manufacturer test and school; (C) The initial license fee in an amount not to exceed fifty dollars ($50.00); or (D) A license renewal fee in an amount not to exceed fifty dollars ($50.00).
(A) A nonrefundable application fee, in an amount not to exceed twenty-five dollars ($25.00), for initial applications;
(B) Proof of qualification from a manufacturer test and school;
(C) The initial license fee in an amount not to exceed fifty dollars ($50.00); or
(D) A license renewal fee in an amount not to exceed fifty dollars ($50.00).
(e) Each person servicing portable fire extinguishers or fixed fire extinguisher systems as an extinguisher technician shall, before servicing any portable fire extinguisher or servicing any fixed fire extinguisher system, apply to the commissioner for an extinguisher technician permit. The fee for the extinguisher technician permit must be in an amount not to exceed thirty dollars ($30.00). An extinguisher technician may perform the services only under direct supervision of a person holding a valid license under this part who works for the same firm as the extinguisher specialist. An extinguisher technician permit is valid for one (1) year from the date of issuance.
(f) Each firm must have one (1) employee who is a qualified licensed extinguisher specialist and each branch office must have one (1) employee who is a qualified licensed extinguisher specialist, and each qualified licensed extinguisher specialist will have no more than three (3) extinguisher technicians.
(g) A fee in an amount not to exceed fifty dollars ($50.00) shall be charged for a duplicate certificate of registration, license or extinguisher technician permit issued under this part or for any request requiring changes to a certificate of registration, license or permit. A new certificate of registration with a new number shall be issued to a registered firm on a change of ownership for a fee in an amount not to exceed five hundred dollars ($500). A fee in an amount not to exceed one hundred dollars ($100) shall be charged for a change of ownership of a branch office.
Acts 1986, ch. 721, § 5.
Tenn. Code Ann. § 62-32-209 — TN Code / Title 62 / Chapter 32 / Section 62-32-209
Applicability of administrative procedures
Status: in_force

The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, governs all matters concerning the hearing and judicial review of any contested case arising under this part. Acts 1986, ch. 721, § 10.
The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, governs all matters concerning the hearing and judicial review of any contested case arising under this part.
Acts 1986, ch. 721, § 10.
Tenn. Code Ann. § 62-5-806 — TN Code / Title 62 / Chapter 5 / Section 62-5-806
Removal of devices or implants from remains
Status: in_force

If a funeral director delivers the decedent to an alkaline hydrolysis facility, then the embalmer shall take reasonable precautions to ensure necessary actions are taken to remove any device or implant from the decedent known to the funeral director, or to render the device or implant nonhazardous, prior to delivering the decedent to the facility. Added by 2021 Tenn. Acts, ch. 141, s 1, eff. 4/13/2021.
If a funeral director delivers the decedent to an alkaline hydrolysis facility, then the embalmer shall take reasonable precautions to ensure necessary actions are taken to remove any device or implant from the decedent known to the funeral director, or to render the device or implant nonhazardous, prior to delivering the decedent to the facility.
Added by 2021 Tenn. Acts, ch. 141, s 1, eff. 4/13/2021.
Tenn. Code Ann. § 62-18-210 — TN Code / Title 62 / Chapter 18 / Section 62-18-210
[Repealed]
Status: repealed

Repealed by 2020 Tenn. Acts, ch. 641, s 4, eff. 4/1/2020. Acts 2010 , ch. 1032, § 11.
Repealed by 2020 Tenn. Acts, ch. 641, s 4, eff. 4/1/2020.
Acts 2010 , ch. 1032, § 11.
Tenn. Code Ann. § 62-4-113 — TN Code / Title 62 / Chapter 4 / Section 62-4-113
Display of license - Notice of address changes - Penalty
Status: in_force

(a) Every holder of a license as a cosmetologist, aesthetician, manicurist, natural hair stylist or instructor shall: (1) Prominently display the license at the holder's work station; and (2) Promptly notify the board of any change of mailing address within thirty (30) calendar days of such change. (b) Pending issuance or denial by the board of the appropriate license, a person may work as a cosmetologist, aesthetician, manicurist, natural hair stylist or instructor if the person prominently displays at the person's work station: (1) The official notice from the board that the person has passed the required examination; and (2) A copy of a money order made payable to the state of Tennessee in the amount of the fee for a license or the receipt for the payment of the fee. (c) Failure to display the information required in subsection (b) is a Class C misdemeanor. Amended by 2015 Tenn. Acts, ch. 402, Secs.s 19, s 20eff. 7/1/2015. Amended by 2015 Tenn. Acts, ch. 402, s 18, eff. 7/1/2015. Acts 1986, ch. 817, § 13; 1987, ch. 112, § 6; 1988, ch. 902, §8; 1996, ch. 897, §§ 21, 22.
(a) Every holder of a license as a cosmetologist, aesthetician, manicurist, natural hair stylist or instructor shall: (1) Prominently display the license at the holder's work station; and (2) Promptly notify the board of any change of mailing address within thirty (30) calendar days of such change.
(1) Prominently display the license at the holder's work station; and
(2) Promptly notify the board of any change of mailing address within thirty (30) calendar days of such change.
(b) Pending issuance or denial by the board of the appropriate license, a person may work as a cosmetologist, aesthetician, manicurist, natural hair stylist or instructor if the person prominently displays at the person's work station: (1) The official notice from the board that the person has passed the required examination; and (2) A copy of a money order made payable to the state of Tennessee in the amount of the fee for a license or the receipt for the payment of the fee.
(1) The official notice from the board that the person has passed the required examination; and
(2) A copy of a money order made payable to the state of Tennessee in the amount of the fee for a license or the receipt for the payment of the fee.
(c) Failure to display the information required in subsection (b) is a Class C misdemeanor.
Amended by 2015 Tenn. Acts, ch. 402, Secs.s 19, s 20eff. 7/1/2015.
Amended by 2015 Tenn. Acts, ch. 402, s 18, eff. 7/1/2015.
Acts 1986, ch. 817, § 13; 1987, ch. 112, § 6; 1988, ch. 902, §8; 1996, ch. 897, §§ 21, 22.
Tenn. Code Ann. § 62-6-138 — TN Code / Title 62 / Chapter 6 / Section 62-6-138
Prelicensing general contractor education courses or workshops
Status: in_force

(a) All prelicensing courses designed to assist an applicant in taking an examination as required by the board must be approved by the board before accepting applicants. (b) A prelicensing general contractor education course or workshop shall be qualified for approval, if the board determines that it: (1) Constitutes an organized program of learning, including a symposium, that contributes directly to the professional competency of the licensee; (2) Is related to the practice of general contracting; (3) Is conducted by individuals considered experts in the subject matter of the program by reason of education, training or experience; and (4) Is accompanied by a paper, manual or written outline that substantially describes the subject matter of the program. (c) The board or its representative shall be admitted to prelicensing general contractor education courses at no charge, in order to monitor the persons present, the content of the course and supporting paperwork. (d) The person or firm conducting prelicensing general contractor education courses shall apply to the board for renewal of approval of the courses every three (3) years. (e) The board may charge a fee for reviewing and approving prelicensing general contractor education courses; provided, that the fee shall not be greater than that necessary to carry out this section. (f) The director of the board, acting on behalf of the board, is authorized to issue citations against persons acting in the capacity of or engaging in the business of conducting prelicensing general contractor education courses without approval of the board as required by this section. Each citation shall be in writing and shall describe with particularity the basis of the citation. 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 two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000). The commission 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. (g) The board is authorized to promulgate rules and regulations pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to effectuate this section. Acts 2006, ch. 657, §§ 1, 2.
(a) All prelicensing courses designed to assist an applicant in taking an examination as required by the board must be approved by the board before accepting applicants.
(b) A prelicensing general contractor education course or workshop shall be qualified for approval, if the board determines that it: (1) Constitutes an organized program of learning, including a symposium, that contributes directly to the professional competency of the licensee; (2) Is related to the practice of general contracting; (3) Is conducted by individuals considered experts in the subject matter of the program by reason of education, training or experience; and (4) Is accompanied by a paper, manual or written outline that substantially describes the subject matter of the program.
(1) Constitutes an organized program of learning, including a symposium, that contributes directly to the professional competency of the licensee;
(2) Is related to the practice of general contracting;
(3) Is conducted by individuals considered experts in the subject matter of the program by reason of education, training or experience; and
(4) Is accompanied by a paper, manual or written outline that substantially describes the subject matter of the program.
(c) The board or its representative shall be admitted to prelicensing general contractor education courses at no charge, in order to monitor the persons present, the content of the course and supporting paperwork.
(d) The person or firm conducting prelicensing general contractor education courses shall apply to the board for renewal of approval of the courses every three (3) years.
(e) The board may charge a fee for reviewing and approving prelicensing general contractor education courses; provided, that the fee shall not be greater than that necessary to carry out this section.
(f) The director of the board, acting on behalf of the board, is authorized to issue citations against persons acting in the capacity of or engaging in the business of conducting prelicensing general contractor education courses without approval of the board as required by this section. Each citation shall be in writing and shall describe with particularity the basis of the citation. 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 two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000). The commission 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.
(g) The board is authorized to promulgate rules and regulations pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to effectuate this section.
Acts 2006, ch. 657, §§ 1, 2.
Tenn. Code Ann. § 62-9-112 — TN Code / Title 62 / Chapter 9 / Section 62-9-112
Application of chapter to sales between registered scrap metal dealers
Status: in_force

This chapter shall not apply to scrap metal transactions that take place between a scrap metal dealer registered pursuant to this chapter and another registered dealer; provided, that the scrap metal is lawfully obtained by the seller and, at the time of the transaction, may lawfully be sold for scrap. The terms of sale between two (2) registered dealers shall be determined by the parties. Acts 2008, ch. 690, § 1.
This chapter shall not apply to scrap metal transactions that take place between a scrap metal dealer registered pursuant to this chapter and another registered dealer; provided, that the scrap metal is lawfully obtained by the seller and, at the time of the transaction, may lawfully be sold for scrap. The terms of sale between two (2) registered dealers shall be determined by the parties.
Acts 2008, ch. 690, § 1.
Tenn. Code Ann. § 62-4-124 — TN Code / Title 62 / Chapter 4 / Section 62-4-124
Teaching outside licensed school
Status: in_force

No teaching of cosmetology, whether to students or licensees, is lawful except in a duly operated school; however, for purposes of this section, "teaching of cosmetology" does not include demonstrations of the technical applications of cosmetology products conducted by manufacturers or dealers, or both; provided, that only students or licensees are in attendance. "Teaching of cosmetology" also does not include instruction in new developments in cosmetology; provided, that the instruction is conducted within cosmetology shops and only students or licensees are in attendance. Acts 1986, ch. 817, § 24; 1990, ch. 1026, § 11.
No teaching of cosmetology, whether to students or licensees, is lawful except in a duly operated school; however, for purposes of this section, "teaching of cosmetology" does not include demonstrations of the technical applications of cosmetology products conducted by manufacturers or dealers, or both; provided, that only students or licensees are in attendance. "Teaching of cosmetology" also does not include instruction in new developments in cosmetology; provided, that the instruction is conducted within cosmetology shops and only students or licensees are in attendance.
Acts 1986, ch. 817, § 24; 1990, ch. 1026, § 11.
Tenn. Code Ann. § 62-26-221 — TN Code / Title 62 / Chapter 26 / Section 62-26-221
Violations
Status: in_force

No individual licensed as an investigations company or a private investigator in this state shall: (1) In order to obtain employment, knowingly make a material misrepresentation as to the person's ability to perform the investigation required by a potential client; (2) Make unsubstantiated monetary charges to a client for services not rendered or transportation not utilized; (3) Knowingly make a false report to a client in relation to the investigation performed for the client; (4) Continue an investigation for a client when it becomes obvious to the investigator that a successful completion of an investigation is unlikely without first so advising the client and obtaining the client's approval for continuation of the investigation; or (5) Reveal information obtained for a client during an investigation to another individual, except as required by law. Acts 1990, ch. 780, § 22.
No individual licensed as an investigations company or a private investigator in this state shall:
(1) In order to obtain employment, knowingly make a material misrepresentation as to the person's ability to perform the investigation required by a potential client;
(2) Make unsubstantiated monetary charges to a client for services not rendered or transportation not utilized;
(3) Knowingly make a false report to a client in relation to the investigation performed for the client;
(4) Continue an investigation for a client when it becomes obvious to the investigator that a successful completion of an investigation is unlikely without first so advising the client and obtaining the client's approval for continuation of the investigation; or
(5) Reveal information obtained for a client during an investigation to another individual, except as required by law.
Acts 1990, ch. 780, § 22.
Tenn. Code Ann. § 62-5-318 — TN Code / Title 62 / Chapter 5 / Section 62-5-318
Requirement that removal service be registered with board of funeral directors and embalmers - Registration fee - Registration and renewal forms - Penalty
Status: in_force

(a) On or after January 1, 2014, no removal service shall operate in this state unless the removal service is registered with the board of funeral directors and embalmers. All such registrations shall expire two (2) years from the date of the registration or renewal. The board may promulgate and adopt such rules and regulations to establish adequate registration and renewal fees to cover the administrative costs associated with the registration program. (b) In conjunction with the registration fee, the registrant must provide proof of liability insurance in an amount to be determined by the board by rule. (c) Included on each registration and renewal form shall be a section whereby the applicant or registrant shall declare, under penalty of perjury pursuant to § 39-16-702(a)(4) , whether such registrant or any principal officer, director, or any person owning more than five percent (5%) of the removal service, has ever been convicted of a violation of this chapter or § 39-17-312 . (d) An applicant shall be prohibited from registering under this section for five (5) years from the date of conviction if the applicant or any principal officer, director, or any person owning more than five percent (5%) of the applicant's removal service has been convicted of a violation of this chapter or § 39-17-312 . (e) On or after January 1, 2014, it is an offense for a person to engage in the business of a removal service without registering or after falsely registering with the board. (f) A violation of this section is a Class C misdemeanor. (g) The registration of a removal service shall be immediately revoked by operation of law upon the conviction of the removal service or any principal officer, director, or person owning more than five percent (5%) of the removal service of any violation of this chapter or § 39-17-312 . A copy of the judgment of conviction shall be transmitted to the board by the law enforcement agency responsible for the conviction. Added by 2013 Tenn. Acts, ch. 437, s 2, eff. 1/1/2014.
(a) On or after January 1, 2014, no removal service shall operate in this state unless the removal service is registered with the board of funeral directors and embalmers. All such registrations shall expire two (2) years from the date of the registration or renewal. The board may promulgate and adopt such rules and regulations to establish adequate registration and renewal fees to cover the administrative costs associated with the registration program.
(b) In conjunction with the registration fee, the registrant must provide proof of liability insurance in an amount to be determined by the board by rule.
(c) Included on each registration and renewal form shall be a section whereby the applicant or registrant shall declare, under penalty of perjury pursuant to § 39-16-702(a)(4) , whether such registrant or any principal officer, director, or any person owning more than five percent (5%) of the removal service, has ever been convicted of a violation of this chapter or § 39-17-312 .
(d) An applicant shall be prohibited from registering under this section for five (5) years from the date of conviction if the applicant or any principal officer, director, or any person owning more than five percent (5%) of the applicant's removal service has been convicted of a violation of this chapter or § 39-17-312 .
(e) On or after January 1, 2014, it is an offense for a person to engage in the business of a removal service without registering or after falsely registering with the board.
(f) A violation of this section is a Class C misdemeanor.
(g) The registration of a removal service shall be immediately revoked by operation of law upon the conviction of the removal service or any principal officer, director, or person owning more than five percent (5%) of the removal service of any violation of this chapter or § 39-17-312 . A copy of the judgment of conviction shall be transmitted to the board by the law enforcement agency responsible for the conviction.
Added by 2013 Tenn. Acts, ch. 437, s 2, eff. 1/1/2014.
Tenn. Code Ann. § 62-27-117 — TN Code / Title 62 / Chapter 27 / Section 62-27-117
Grounds for license refusal, revocation or suspension
Status: in_force

The commissioner may refuse to issue or may suspend or revoke a license on any one (1) or more of the following grounds: (1) Failing to inform a subject to be examined as to the nature of the examination; (2) Failing to inform a subject to be examined that the subject's participation in the examination is voluntary; (3) Material misstatement in the application for original license or in the application for any renewal license under this chapter; (4) Willful disregard or violation of this chapter or of any regulation or rule issued pursuant to this chapter, including, but not limited to, willfully making a false or misleading report, including an oral report, concerning an examination for polygraph examination purposes and for inquiring into areas prohibited by this chapter; (5) If the holder of any license has been adjudged guilty of any felony or has been adjudged guilty of any misdemeanor involving moral turpitude. However, an action taken under this subdivision (5) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title; (6) Making any willful misrepresentation or false promises to the person being examined or causing to be printed any false or misleading advertisement for the purpose of directly or indirectly obtaining business or interns; (7) Having demonstrated unworthiness or incompetency to act as a polygraph examiner as defined by this chapter or by any rule or regulation issued pursuant to this chapter; (8) Allowing one's license under this chapter or the polygraph instrument to be used by an unlicensed person in violation of this chapter; (9) Knowingly or willingly aiding or abetting another in the violation of this chapter or any regulation or rule issued pursuant to this chapter; (10) Where the license holder has been adjudged mentally incompetent as provided by state law; (11) Failing, within thirty (30) calendar days, to provide information requested by the commissioner as the result of a formal complaint to the commissioner that would indicate a violation of this chapter; (12) Failing to inform the subject of the results of the examination upon written request; (13) Failing to fully and completely inform the examinee of the examinee's rights and to follow the procedure for examination, as provided in this chapter; or (14) In the case of a company, willful disregard in the employment of polygraph examiners who demonstrate unworthiness or incompetency to act as polygraph examiners. Amended by 2021 Tenn. Acts, ch. 294, s 15, eff. 7/1/2021. Amended by 2018 Tenn. Acts, ch. 745, s 16, eff. 7/1/2018. Acts 1978, ch. 900, § 19; 1980, ch. 705, §§ 8, 9; T.C.A., § 62-2718; Acts 1982, ch. 720, §§ 19, 20; 1986, ch. 739, § 7; 1999, ch. 252, §§ 4, 5, 6.
The commissioner may refuse to issue or may suspend or revoke a license on any one (1) or more of the following grounds:
(1) Failing to inform a subject to be examined as to the nature of the examination;
(2) Failing to inform a subject to be examined that the subject's participation in the examination is voluntary;
(3) Material misstatement in the application for original license or in the application for any renewal license under this chapter;
(4) Willful disregard or violation of this chapter or of any regulation or rule issued pursuant to this chapter, including, but not limited to, willfully making a false or misleading report, including an oral report, concerning an examination for polygraph examination purposes and for inquiring into areas prohibited by this chapter;
(5) If the holder of any license has been adjudged guilty of any felony or has been adjudged guilty of any misdemeanor involving moral turpitude. However, an action taken under this subdivision (5) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title;
(6) Making any willful misrepresentation or false promises to the person being examined or causing to be printed any false or misleading advertisement for the purpose of directly or indirectly obtaining business or interns;
(7) Having demonstrated unworthiness or incompetency to act as a polygraph examiner as defined by this chapter or by any rule or regulation issued pursuant to this chapter;
(8) Allowing one's license under this chapter or the polygraph instrument to be used by an unlicensed person in violation of this chapter;
(9) Knowingly or willingly aiding or abetting another in the violation of this chapter or any regulation or rule issued pursuant to this chapter;
(10) Where the license holder has been adjudged mentally incompetent as provided by state law;
(11) Failing, within thirty (30) calendar days, to provide information requested by the commissioner as the result of a formal complaint to the commissioner that would indicate a violation of this chapter;
(12) Failing to inform the subject of the results of the examination upon written request;
(13) Failing to fully and completely inform the examinee of the examinee's rights and to follow the procedure for examination, as provided in this chapter; or
(14) In the case of a company, willful disregard in the employment of polygraph examiners who demonstrate unworthiness or incompetency to act as polygraph examiners.
Amended by 2021 Tenn. Acts, ch. 294, s 15, eff. 7/1/2021.
Amended by 2018 Tenn. Acts, ch. 745, s 16, eff. 7/1/2018.
Acts 1978, ch. 900, § 19; 1980, ch. 705, §§ 8, 9; T.C.A., § 62-2718; Acts 1982, ch. 720, §§ 19, 20; 1986, ch. 739, § 7; 1999, ch. 252, §§ 4, 5, 6.
Tenn. Code Ann. § 62-27-113 — TN Code / Title 62 / Chapter 27 / Section 62-27-113
Display of license
Status: in_force

A license or duplicate license, intern permit or duplicate intern permit must be prominently displayed at the place of business of the polygraph examiner or at the place of internship, or in the case of a company license, at the principal business location. Acts 1978, ch. 900, § 15; T.C.A., § 62-2714; Acts 1986, ch. 739, §5; 1999, ch. 252, §4; 2003 , ch. 206, § 10.
A license or duplicate license, intern permit or duplicate intern permit must be prominently displayed at the place of business of the polygraph examiner or at the place of internship, or in the case of a company license, at the principal business location.
Acts 1978, ch. 900, § 15; T.C.A., § 62-2714; Acts 1986, ch. 739, §5; 1999, ch. 252, §4; 2003 , ch. 206, § 10.
Tenn. Code Ann. § 62-6-416 — TN Code / Title 62 / Chapter 6 / Section 62-6-416
Applicability
Status: in_force

This part does not apply to any county having a population, according to the 2000 federal census or any subsequent federal census, of: not less than nor more than 7,600 7,700 7,900 7,970 11,300 11,368 11,700 11,800 12,369 12,450 16,500 16,575 17,900 18,000 22,200 22,300 25,450 25,550 29,400 29,450 31,100 31,200 32,300 32,500 34,800 34,900 39,900 40,000 43,100 43,200 Acts 2004, ch. 826, §§ 17, 18.
This part does not apply to any county having a population, according to the 2000 federal census or any subsequent federal census, of:
not less than nor more than 7,600 7,700 7,900 7,970 11,300 11,368 11,700 11,800 12,369 12,450 16,500 16,575 17,900 18,000 22,200 22,300 25,450 25,550 29,400 29,450 31,100 31,200 32,300 32,500 34,800 34,900 39,900 40,000 43,100 43,200
not less than
nor more than
7,600
7,700
7,900
7,970
11,300
11,368
11,700
11,800
12,369
12,450
16,500
16,575
17,900
18,000
22,200
22,300
25,450
25,550
29,400
29,450
31,100
31,200
32,300
32,500
34,800
34,900
39,900
40,000
43,100
43,200
Acts 2004, ch. 826, §§ 17, 18.
Tenn. Code Ann. § 62-2-801 — TN Code / Title 62 / Chapter 2 / Section 62-2-801
Qualifications for registration
Status: in_force

In addition to the successful completion of examination acceptable to the board, the following shall be considered as minimum evidence satisfactory to the board that an applicant is qualified for registration as a landscape architect: an applicant who is a graduate of a school of landscape architecture where the professional degree curriculum has been accredited and who has completed three (3) years of practical experience in landscape architectural work satisfactory to the board, of which no more than one (1) year of landscape architectural practical training and school may be concurrent. Acts 1988, ch. 990, § 22.
In addition to the successful completion of examination acceptable to the board, the following shall be considered as minimum evidence satisfactory to the board that an applicant is qualified for registration as a landscape architect: an applicant who is a graduate of a school of landscape architecture where the professional degree curriculum has been accredited and who has completed three (3) years of practical experience in landscape architectural work satisfactory to the board, of which no more than one (1) year of landscape architectural practical training and school may be concurrent.
Acts 1988, ch. 990, § 22.
Tenn. Code Ann. § 62-7-102 — TN Code / Title 62 / Chapter 7 / Section 62-7-102
Penalties
Status: in_force

Any person who violates § 62-7-101 or who charges any guest a rate in excess of the posted rates commits a Class C misdemeanor. Acts 1921, ch. 100, § 2; Shan. Supp., § 3052a36b2; Code 1932, §5302; T.C.A. (orig. ed.), § 62-702; Acts 1989, ch. 591, § 113.
Any person who violates § 62-7-101 or who charges any guest a rate in excess of the posted rates commits a Class C misdemeanor.
Acts 1921, ch. 100, § 2; Shan. Supp., § 3052a36b2; Code 1932, §5302; T.C.A. (orig. ed.), § 62-702; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 62-18-212 — TN Code / Title 62 / Chapter 18 / Section 62-18-212
Recognition of foreign registration
Status: in_force

Any applicant may, in the absence of disqualifying evidence, be deemed by the commissioner to be fully qualified to practice soil science if such applicant holds a like, unexpired certificate of registration issued to the applicant after examination by proper authority in the District of Columbia or in any state or territory in the United States in which the examination and requirements for the registration of soil scientists are of a standard satisfactory to the commissioner. Acts 2010, ch. 1032, § 13.
Any applicant may, in the absence of disqualifying evidence, be deemed by the commissioner to be fully qualified to practice soil science if such applicant holds a like, unexpired certificate of registration issued to the applicant after examination by proper authority in the District of Columbia or in any state or territory in the United States in which the examination and requirements for the registration of soil scientists are of a standard satisfactory to the commissioner.
Acts 2010, ch. 1032, § 13.
Tenn. Code Ann. § 62-39-103 — TN Code / Title 62 / Chapter 39 / Section 62-39-103
License or certificate required
Status: in_force

(a) Except as provided in § 62-39-104 , it is unlawful for anyone to solicit an appraisal assignment or to prepare an appraisal or an appraisal report relating to real estate or real property in this state without first obtaining a real estate appraiser's license or certificate. (b) This section shall not be construed to apply to individuals who render professional assistance in arriving at a real estate analysis, opinion or conclusion. (c) Nothing in this chapter shall be construed to prohibit any person who is licensed to practice in this state under any other law from engaging in the practice for which the person is licensed. Acts 1990, ch. 865, § 4; 1991, ch. 366, §§ 4, 5; 1995, ch. 222, § 1.
(a) Except as provided in § 62-39-104 , it is unlawful for anyone to solicit an appraisal assignment or to prepare an appraisal or an appraisal report relating to real estate or real property in this state without first obtaining a real estate appraiser's license or certificate.
(b) This section shall not be construed to apply to individuals who render professional assistance in arriving at a real estate analysis, opinion or conclusion.
(c) Nothing in this chapter shall be construed to prohibit any person who is licensed to practice in this state under any other law from engaging in the practice for which the person is licensed.
Acts 1990, ch. 865, § 4; 1991, ch. 366, §§ 4, 5; 1995, ch. 222, § 1.
Tenn. Code Ann. § 62-2-506 — TN Code / Title 62 / Chapter 2 / Section 62-2-506
Finishing examinations in other states
Status: in_force

(a) When requested to do so, the board may allow candidates who have commenced examinations in Tennessee as outlined under § 62-2-504(a) , to finish taking parts of these examinations in any other state; provided, that the other state approved this procedure and has established a method of accomplishing it. (b) The board may, at its discretion and upon proper application, forward the grades achieved by a candidate in the various sections of the examination given under its jurisdiction to other duly constituted architectural registration boards for their use in evaluating and utilizing the results in registering the individual within their jurisdiction. The request for transfer shall include a statement of concurrence by the other board and a description of the information it will require. The candidate shall state the candidate's need for requesting a transfer and pay a fee established by the board. The transfer shall terminate the candidate's current application to this board for registration. Acts 1979, ch. 263, § 20; T.C.A., § 62-220; Acts 1983, ch. 71, § 8.
(a) When requested to do so, the board may allow candidates who have commenced examinations in Tennessee as outlined under § 62-2-504(a) , to finish taking parts of these examinations in any other state; provided, that the other state approved this procedure and has established a method of accomplishing it.
(b) The board may, at its discretion and upon proper application, forward the grades achieved by a candidate in the various sections of the examination given under its jurisdiction to other duly constituted architectural registration boards for their use in evaluating and utilizing the results in registering the individual within their jurisdiction. The request for transfer shall include a statement of concurrence by the other board and a description of the information it will require. The candidate shall state the candidate's need for requesting a transfer and pay a fee established by the board. The transfer shall terminate the candidate's current application to this board for registration.
Acts 1979, ch. 263, § 20; T.C.A., § 62-220; Acts 1983, ch. 71, § 8.
Tenn. Code Ann. § 62-32-114 — TN Code / Title 62 / Chapter 32 / Section 62-32-114
Uniformity of application and effect - Powers of political subdivisions
Status: in_force

This part and the rules promulgated under this part shall have uniform force and effect throughout the state. No political subdivision of this state may adopt or enforce any order, ordinance, rule or regulation requiring any person to obtain any form of permission from the political subdivision to act as a fire protection sprinkler system contractor. A political subdivision may require a fire protection sprinkler system contractor to pay for and obtain a permit for the installation of a fire protection sprinkler system and require the installation to conform with applicable building codes and requirements; however, the political subdivision may not impose on fire protection sprinkler system contractors qualification or financial responsibility requirements other than proof of a valid certificate of registration issued under this part. Acts 1984, ch. 949, § 15.
This part and the rules promulgated under this part shall have uniform force and effect throughout the state. No political subdivision of this state may adopt or enforce any order, ordinance, rule or regulation requiring any person to obtain any form of permission from the political subdivision to act as a fire protection sprinkler system contractor. A political subdivision may require a fire protection sprinkler system contractor to pay for and obtain a permit for the installation of a fire protection sprinkler system and require the installation to conform with applicable building codes and requirements; however, the political subdivision may not impose on fire protection sprinkler system contractors qualification or financial responsibility requirements other than proof of a valid certificate of registration issued under this part.
Acts 1984, ch. 949, § 15.
Tenn. Code Ann. § 62-13-319 — TN Code / Title 62 / Chapter 13 / Section 62-13-319
Reinstatement after failure to pay renewal or retirement fee
Status: in_force

(a) The license of any broker, affiliate broker, time-share salesperson or acquisition agent who fails timely to pay a renewal or retirement fee or to comply with any prerequisite or condition to licensure or renewal may be reinstated without examination within sixty (60) days after the expiration date of the license upon providing proof of compliance with the prerequisites or conditions, including payment of any penalty fee arising from failure to comply with any prerequisite or condition to renewal prior to the expiration date of the license and payment of the renewal fee, plus an additional penalty fee of not more than one hundred dollars ($100) per month. Any person desiring reinstatement thereafter must reapply for licensure; provided, however, that the commission may, in its discretion: (1) Waive reexamination or additional education requirements for such an applicant; or (2) Reinstate a license subject to the applicant's compliance with reasonable conditions that the commission may prescribe, including payment of a penalty fee, in addition to the penalty fee provided in subsection (a), of not more than one hundred dollars ($100) per month, or portion of a month, from the time the license expired. (b) When fees are remitted by mail to the commission, the date of payment shall be determined by the official postmark on the mail. Acts 1982, ch. 864, § 14; 1989, ch. 89, § 20; 2002, ch. 812, § 8; 2003, ch. 97, § 2.
(a) The license of any broker, affiliate broker, time-share salesperson or acquisition agent who fails timely to pay a renewal or retirement fee or to comply with any prerequisite or condition to licensure or renewal may be reinstated without examination within sixty (60) days after the expiration date of the license upon providing proof of compliance with the prerequisites or conditions, including payment of any penalty fee arising from failure to comply with any prerequisite or condition to renewal prior to the expiration date of the license and payment of the renewal fee, plus an additional penalty fee of not more than one hundred dollars ($100) per month. Any person desiring reinstatement thereafter must reapply for licensure; provided, however, that the commission may, in its discretion: (1) Waive reexamination or additional education requirements for such an applicant; or (2) Reinstate a license subject to the applicant's compliance with reasonable conditions that the commission may prescribe, including payment of a penalty fee, in addition to the penalty fee provided in subsection (a), of not more than one hundred dollars ($100) per month, or portion of a month, from the time the license expired.
(1) Waive reexamination or additional education requirements for such an applicant; or
(2) Reinstate a license subject to the applicant's compliance with reasonable conditions that the commission may prescribe, including payment of a penalty fee, in addition to the penalty fee provided in subsection (a), of not more than one hundred dollars ($100) per month, or portion of a month, from the time the license expired.
(b) When fees are remitted by mail to the commission, the date of payment shall be determined by the official postmark on the mail.
Acts 1982, ch. 864, § 14; 1989, ch. 89, § 20; 2002, ch. 812, § 8; 2003, ch. 97, § 2.
Tenn. Code Ann. § 62-13-206 — TN Code / Title 62 / Chapter 13 / Section 62-13-206
Meetings
Status: in_force

(a) The commission may hold meetings it may deem necessary for the purpose of transacting business that may properly come before it. All members of the commission shall be duly notified of the time and place of each meeting. (b) A majority of the commission constitutes a quorum at any meeting of the commission. (c) The commission shall hold at least one (1) meeting annually in each grand division of the state. Acts 1973, ch. 181, § 7(g); 1981, ch. 473, § 5; T.C.A., § 62-1314; Acts 2007, ch. 572, § 1.
(a) The commission may hold meetings it may deem necessary for the purpose of transacting business that may properly come before it. All members of the commission shall be duly notified of the time and place of each meeting.
(b) A majority of the commission constitutes a quorum at any meeting of the commission.
(c) The commission shall hold at least one (1) meeting annually in each grand division of the state.
Acts 1973, ch. 181, § 7(g); 1981, ch. 473, § 5; T.C.A., § 62-1314; Acts 2007, ch. 572, § 1.
Tenn. Code Ann. § 62-32-205 — TN Code / Title 62 / Chapter 32 / Section 62-32-205
Label of approval - Certificates and licenses must be current - Employees - Transferability of certificates, licenses and permits
Status: in_force

(a) No portable fire extinguisher or fixed fire extinguisher system may be leased, sold or installed in this state unless it carries a label of approval of a testing laboratory approved by the department. (b) Except as provided in § 62-32-206 , only the holder of a current and valid certificate of registration or an extinguisher specialist license issued pursuant to this part may service portable fire extinguishers or install or maintain fixed fire extinguisher systems. (c) A person who has been issued a license pursuant to this part to service portable fire extinguishers or install and service fixed fire extinguisher systems must be an employee, agent or servant of a firm that holds a certificate of registration issued pursuant to this part. (d) A certificate of registration, license or permit issued under this part is not transferable. Acts 1986, ch. 721, § 6.
(a) No portable fire extinguisher or fixed fire extinguisher system may be leased, sold or installed in this state unless it carries a label of approval of a testing laboratory approved by the department.
(b) Except as provided in § 62-32-206 , only the holder of a current and valid certificate of registration or an extinguisher specialist license issued pursuant to this part may service portable fire extinguishers or install or maintain fixed fire extinguisher systems.
(c) A person who has been issued a license pursuant to this part to service portable fire extinguishers or install and service fixed fire extinguisher systems must be an employee, agent or servant of a firm that holds a certificate of registration issued pursuant to this part.
(d) A certificate of registration, license or permit issued under this part is not transferable.
Acts 1986, ch. 721, § 6.
Tenn. Code Ann. § 62-39-327 — TN Code / Title 62 / Chapter 39 / Section 62-39-327
Notice of charges - Requirements - Subpoenas
Status: in_force

(a) Before suspending or revoking any license or certification, the commission shall notify the appraiser in writing of any charges within a reasonable period of time prior to the date set for the hearing and shall afford the appraiser an opportunity to be heard in person or by counsel. (b) The written notice may be served either personally or sent by registered or certified mail to the last known business address of the appraiser. (c) The commission shall have the power to subpoena and issue subpoenas duces tecum and to bring before it any person in this state and to take testimony by deposition, in the same manner as prescribed by law in judicial proceedings in the courts of this state. (d) The commission shall not consider a complaint for disciplinary action against a real estate appraiser if the complaint relates to an appraisal that was completed more than three (3) years before the complaint was submitted to the commission. Amended by 2017 Tenn. Acts, ch. 234, s 2, eff. 7/1/2017. Acts 1990, ch. 865, § 36; 1991, ch. 366, § 37.
(a) Before suspending or revoking any license or certification, the commission shall notify the appraiser in writing of any charges within a reasonable period of time prior to the date set for the hearing and shall afford the appraiser an opportunity to be heard in person or by counsel.
(b) The written notice may be served either personally or sent by registered or certified mail to the last known business address of the appraiser.
(c) The commission shall have the power to subpoena and issue subpoenas duces tecum and to bring before it any person in this state and to take testimony by deposition, in the same manner as prescribed by law in judicial proceedings in the courts of this state.
(d) The commission shall not consider a complaint for disciplinary action against a real estate appraiser if the complaint relates to an appraisal that was completed more than three (3) years before the complaint was submitted to the commission.
Amended by 2017 Tenn. Acts, ch. 234, s 2, eff. 7/1/2017.
Acts 1990, ch. 865, § 36; 1991, ch. 366, § 37.
Tenn. Code Ann. § 62-5-206 — TN Code / Title 62 / Chapter 5 / Section 62-5-206
Meetings - Quorum
Status: in_force

(a) The board may hold meetings that it may deem necessary; provided, that all members have been notified in writing of the meetings and may transact any business at any such meeting. (b) Four (4) or more members shall comprise a quorum authorizing the board to transact the business prescribed under this chapter. Acts 1951, ch. 13, § 5 (Williams, § 7140.5); Acts 1975, ch. 165, § 9; 1976, ch. 806, § 1(103); 1978, ch. 906, § 18; 1980, ch. 554, § 5; T.C.A. (orig. ed.), § 62-506; Acts 1999, ch. 20, § 1.
(a) The board may hold meetings that it may deem necessary; provided, that all members have been notified in writing of the meetings and may transact any business at any such meeting.
(b) Four (4) or more members shall comprise a quorum authorizing the board to transact the business prescribed under this chapter.
Acts 1951, ch. 13, § 5 (Williams, § 7140.5); Acts 1975, ch. 165, § 9; 1976, ch. 806, § 1(103); 1978, ch. 906, § 18; 1980, ch. 554, § 5; T.C.A. (orig. ed.), § 62-506; Acts 1999, ch. 20, § 1.
Tenn. Code Ann. § 62-39-105 — TN Code / Title 62 / Chapter 39 / Section 62-39-105
Certification - Restrictions on use - Prerequisite to preparing and signing certified appraisal
Status: in_force

(a) No person other than a state certified real estate appraiser under this chapter shall assume or use that title or any title, designation or abbreviation likely to create the impression of certification as a real estate appraiser by this state. (b) (1) Only an individual who has qualified as a state certified real estate appraiser under this chapter is authorized to prepare and sign a certified appraisal report relating to real estate or real property in this state. (2) If an appraisal report is prepared and signed by a state certified real estate appraiser and the appraisal report is certified as such by the state certified real estate appraiser, a holder of a real estate appraiser license or a certificate of registration as a real estate appraiser trainee who assisted in the preparation of the appraisal report is authorized to co-sign the appraisal report. (3) An individual who has not qualified as a state certified real estate appraiser shall not describe nor refer to any appraisal or appraisal report relating to real estate or real property in this state by the terms "certified appraisal" or "certified appraisal report." Acts 1990, ch. 865, § 6; 2009, ch. 279, § 9.
(a) No person other than a state certified real estate appraiser under this chapter shall assume or use that title or any title, designation or abbreviation likely to create the impression of certification as a real estate appraiser by this state.
(b) (1) Only an individual who has qualified as a state certified real estate appraiser under this chapter is authorized to prepare and sign a certified appraisal report relating to real estate or real property in this state. (2) If an appraisal report is prepared and signed by a state certified real estate appraiser and the appraisal report is certified as such by the state certified real estate appraiser, a holder of a real estate appraiser license or a certificate of registration as a real estate appraiser trainee who assisted in the preparation of the appraisal report is authorized to co-sign the appraisal report. (3) An individual who has not qualified as a state certified real estate appraiser shall not describe nor refer to any appraisal or appraisal report relating to real estate or real property in this state by the terms "certified appraisal" or "certified appraisal report."
(1) Only an individual who has qualified as a state certified real estate appraiser under this chapter is authorized to prepare and sign a certified appraisal report relating to real estate or real property in this state.
(2) If an appraisal report is prepared and signed by a state certified real estate appraiser and the appraisal report is certified as such by the state certified real estate appraiser, a holder of a real estate appraiser license or a certificate of registration as a real estate appraiser trainee who assisted in the preparation of the appraisal report is authorized to co-sign the appraisal report.
(3) An individual who has not qualified as a state certified real estate appraiser shall not describe nor refer to any appraisal or appraisal report relating to real estate or real property in this state by the terms "certified appraisal" or "certified appraisal report."
Acts 1990, ch. 865, § 6; 2009, ch. 279, § 9.
Tenn. Code Ann. § 62-39-314 — TN Code / Title 62 / Chapter 39 / Section 62-39-314
Certification - Expiration
Status: in_force

(a) The initial certification issued under the authority of this chapter shall expire upon the expiration date of the certificate held by a certificate holder. Thereafter, the term of a certificate issued under the authority of this chapter shall be two (2) years from the date of issuance unless revoked or suspended prior to expiration. (b) The expiration date of the certificate shall appear on the certificate and no other notice of its expiration need be given to its holder. Acts 1990, ch. 865, § 23; 1991, ch. 366, § 25.
(a) The initial certification issued under the authority of this chapter shall expire upon the expiration date of the certificate held by a certificate holder. Thereafter, the term of a certificate issued under the authority of this chapter shall be two (2) years from the date of issuance unless revoked or suspended prior to expiration.
(b) The expiration date of the certificate shall appear on the certificate and no other notice of its expiration need be given to its holder.
Acts 1990, ch. 865, § 23; 1991, ch. 366, § 25.
Tenn. Code Ann. § 62-26-217 — TN Code / Title 62 / Chapter 26 / Section 62-26-217
Revocation of license
Status: in_force

(a) The commissioner may suspend, revoke or refuse to issue or renew any license under this part upon finding that the holder or applicant has: (1) Violated this part or any rule promulgated under this part; (2) Practiced fraud, deceit or misrepresentation; (3) Knowingly and willfully made a material misstatement in connection with an application for a license or renewal; (4) Been convicted by a court of competent jurisdiction of a felony or a misdemeanor. However, an action taken under this subdivision (a)(4) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title; or (5) Committed any act that would have been cause for refusal to issue the license or registration card had it existed and been known to the commissioner at the time of issuance. (b) In addition to or in lieu of any other lawful disciplinary action under this section, the commissioner may assess a civil penalty not exceeding two thousand dollars ($2,000). (c) A license shall be subject to expiration and renewal during any period in which the license is suspended. Amended by 2018 Tenn. Acts, ch. 745,s 14, eff. 7/1/2018. Acts 1990, ch. 780, § 18; 1991, ch. 457, § 20.
(a) The commissioner may suspend, revoke or refuse to issue or renew any license under this part upon finding that the holder or applicant has: (1) Violated this part or any rule promulgated under this part; (2) Practiced fraud, deceit or misrepresentation; (3) Knowingly and willfully made a material misstatement in connection with an application for a license or renewal; (4) Been convicted by a court of competent jurisdiction of a felony or a misdemeanor. However, an action taken under this subdivision (a)(4) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title; or (5) Committed any act that would have been cause for refusal to issue the license or registration card had it existed and been known to the commissioner at the time of issuance.
(1) Violated this part or any rule promulgated under this part;
(2) Practiced fraud, deceit or misrepresentation;
(3) Knowingly and willfully made a material misstatement in connection with an application for a license or renewal;
(4) Been convicted by a court of competent jurisdiction of a felony or a misdemeanor. However, an action taken under this subdivision (a)(4) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title; or
(5) Committed any act that would have been cause for refusal to issue the license or registration card had it existed and been known to the commissioner at the time of issuance.
(b) In addition to or in lieu of any other lawful disciplinary action under this section, the commissioner may assess a civil penalty not exceeding two thousand dollars ($2,000).
(c) A license shall be subject to expiration and renewal during any period in which the license is suspended.
Amended by 2018 Tenn. Acts, ch. 745,s 14, eff. 7/1/2018.
Acts 1990, ch. 780, § 18; 1991, ch. 457, § 20.
Tenn. Code Ann. § 62-32-309 — TN Code / Title 62 / Chapter 32 / Section 62-32-309
Executive director
Status: in_force

The director of the division of regulatory boards in the department of commerce and insurance or the director's designee shall serve as executive director and shall provide all administrative functions for the commissioner. Acts 1991, ch. 400, § 9.
The director of the division of regulatory boards in the department of commerce and insurance or the director's designee shall serve as executive director and shall provide all administrative functions for the commissioner.
Acts 1991, ch. 400, § 9.
Tenn. Code Ann. § 62-2-104 — TN Code / Title 62 / Chapter 2 / Section 62-2-104
Employees of licensees
Status: in_force

(a) Nothing in this chapter shall prevent the drafters, students, clerks of the work superintendents and other employees of lawfully practicing architects, engineers and landscape architects under this chapter from acting under the instruction, control or supervision of the employer or to prevent the employment of superintendents on the construction, enlargement or alterations of buildings or any appurtenance to buildings, or prevent such superintendents from acting under the immediate personal supervision of registered architects, registered engineers or registered landscape architects by whom the plans and specifications of the building enlargements, constructions or alterations were prepared. (b) Nothing in this chapter shall prevent persons, mechanics or builders from making plans, specifications for or supervising the erection, enlargement or alterations of buildings or any appurtenance to buildings, to be constructed by themselves or their employees exclusively for their own use and occupancy, unless the same involves the public health or safety; provided, that the working drawings for such constructions are signed by the authors of the drawings and their true appellations as "contractor," "carpenter," etc., without the use in any form of the title "architect," "engineer" or "landscape architect." Acts 1979, ch. 263, § 31; T.C.A., § 62-231; Acts 1988, ch. 990, § 6.
(a) Nothing in this chapter shall prevent the drafters, students, clerks of the work superintendents and other employees of lawfully practicing architects, engineers and landscape architects under this chapter from acting under the instruction, control or supervision of the employer or to prevent the employment of superintendents on the construction, enlargement or alterations of buildings or any appurtenance to buildings, or prevent such superintendents from acting under the immediate personal supervision of registered architects, registered engineers or registered landscape architects by whom the plans and specifications of the building enlargements, constructions or alterations were prepared.
(b) Nothing in this chapter shall prevent persons, mechanics or builders from making plans, specifications for or supervising the erection, enlargement or alterations of buildings or any appurtenance to buildings, to be constructed by themselves or their employees exclusively for their own use and occupancy, unless the same involves the public health or safety; provided, that the working drawings for such constructions are signed by the authors of the drawings and their true appellations as "contractor," "carpenter," etc., without the use in any form of the title "architect," "engineer" or "landscape architect."
Acts 1979, ch. 263, § 31; T.C.A., § 62-231; Acts 1988, ch. 990, § 6.
Tenn. Code Ann. § 62-6-131 — TN Code / Title 62 / Chapter 6 / Section 62-6-131
Bonds - Expiration of licenses - Fees
Status: in_force

(a) No person shall be required to post a bond, provide a financial statement or provide a letter of reference in order to obtain a license as a limited licensed electrician. (b) All limited licensed electrician licenses shall expire biennially on the month of their issuance. (c) (1) The board shall prescribe fees for the issuance and renewal of licenses of limited licensed electricians. The fees, together with the fees prescribed for limited licensed plumbers pursuant to chapter 6, part 4 of this title, shall be in an amount that provides for the cost of administering the licensing and regulation of limited licensed electricians and limited licensed plumbers. (2) The fees collected by the board as described in subdivision (c)(1) shall be combined with fees collected for the licensing of limited licensed plumbers, pursuant to chapter 6, part 4 of this title. These fees shall be used to defray expenses incurred in the administration of the licensing of limited licensed electricians, pursuant to this part, and limited licensed plumbers, pursuant to chapter 6, part 4 of this title. (3) Fees for limited licensed electricians shall be adjusted as necessary to provide that the limited licensed electricians and plumbers fund is fiscally self-sufficient and that revenues from fees do not exceed necessary and required expenditures. (4) On July 1, 2015, all funds held by the state treasurer for the administration of the licensing of limited licensed electricians shall be combined with funds held for the administration of the licensing of limited licensed plumbers, pursuant to chapter 6, part 4 of this title. (d) In no event shall the fee for an initial limited licensed electrician license exceed seventy-five dollars ($75.00) per year nor shall the fee for a renewal of the license exceed fifty dollars ($50.00) per year. Amended by 2015 Tenn. Acts, ch. 291,s 6, eff. 4/24/2015. Acts 1999, ch. 238, § 9; 2000, ch. 876, § 13.
(a) No person shall be required to post a bond, provide a financial statement or provide a letter of reference in order to obtain a license as a limited licensed electrician.
(b) All limited licensed electrician licenses shall expire biennially on the month of their issuance.
(c) (1) The board shall prescribe fees for the issuance and renewal of licenses of limited licensed electricians. The fees, together with the fees prescribed for limited licensed plumbers pursuant to chapter 6, part 4 of this title, shall be in an amount that provides for the cost of administering the licensing and regulation of limited licensed electricians and limited licensed plumbers. (2) The fees collected by the board as described in subdivision (c)(1) shall be combined with fees collected for the licensing of limited licensed plumbers, pursuant to chapter 6, part 4 of this title. These fees shall be used to defray expenses incurred in the administration of the licensing of limited licensed electricians, pursuant to this part, and limited licensed plumbers, pursuant to chapter 6, part 4 of this title. (3) Fees for limited licensed electricians shall be adjusted as necessary to provide that the limited licensed electricians and plumbers fund is fiscally self-sufficient and that revenues from fees do not exceed necessary and required expenditures. (4) On July 1, 2015, all funds held by the state treasurer for the administration of the licensing of limited licensed electricians shall be combined with funds held for the administration of the licensing of limited licensed plumbers, pursuant to chapter 6, part 4 of this title.
(1) The board shall prescribe fees for the issuance and renewal of licenses of limited licensed electricians. The fees, together with the fees prescribed for limited licensed plumbers pursuant to chapter 6, part 4 of this title, shall be in an amount that provides for the cost of administering the licensing and regulation of limited licensed electricians and limited licensed plumbers.
(2) The fees collected by the board as described in subdivision (c)(1) shall be combined with fees collected for the licensing of limited licensed plumbers, pursuant to chapter 6, part 4 of this title. These fees shall be used to defray expenses incurred in the administration of the licensing of limited licensed electricians, pursuant to this part, and limited licensed plumbers, pursuant to chapter 6, part 4 of this title.
(3) Fees for limited licensed electricians shall be adjusted as necessary to provide that the limited licensed electricians and plumbers fund is fiscally self-sufficient and that revenues from fees do not exceed necessary and required expenditures.
(4) On July 1, 2015, all funds held by the state treasurer for the administration of the licensing of limited licensed electricians shall be combined with funds held for the administration of the licensing of limited licensed plumbers, pursuant to chapter 6, part 4 of this title.
(d) In no event shall the fee for an initial limited licensed electrician license exceed seventy-five dollars ($75.00) per year nor shall the fee for a renewal of the license exceed fifty dollars ($50.00) per year.
Amended by 2015 Tenn. Acts, ch. 291,s 6, eff. 4/24/2015.
Acts 1999, ch. 238, § 9; 2000, ch. 876, § 13.
Tenn. Code Ann. § 62-19-126 — TN Code / Title 62 / Chapter 19 / Section 62-19-126
Citations for violations
Status: in_force

(a) (1) The administrative director and the investigator, acting on behalf of the commission, are authorized to issue citations against persons acting in the capacity of engaging in the auction business without a license in violation of this chapter. (2) Each citation shall be in writing and shall describe with specificity the basis of each citation. (3) Each citation shall contain an order to cease all violations of this chapter and an assessment of a civil penalty in an amount of not less than fifty dollars ($50.00) nor more than two thousand five hundred dollars ($2,500) for each violation. (b) The commission 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 chapter. (c) Service of a citation issued pursuant to this section may be made in person or by certified mail at the last known business address or residence address of the person cited. (d) A citation issued pursuant to this section shall be issued by the administrative director or investigator within one (1) year after the act or omission that is the basis for the citation. (e) Any person served with a citation pursuant to this section may appeal to the administrative 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. (f) If a person cited timely notifies the administrative director that the person intends to contest the citation, the administrative director shall afford an opportunity for a contested case hearing pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (g) After all administrative appeals have been exhausted, the administrative director may apply to the appropriate court for judgment in an amount of the civil penalty, plus applicable court costs, and for an order to cease activities in violation of this chapter. The motion for the order, which shall include a certified copy of the final order of the hearing officer or administrative judge, shall constitute a sufficient showing to warrant the issuance of judgment and order. (h) The commission may waive any or all of a civil penalty by stating the reasons for the waiver in the official minutes of the commission. Acts 1999, ch. 358, § 11.
(a) (1) The administrative director and the investigator, acting on behalf of the commission, are authorized to issue citations against persons acting in the capacity of engaging in the auction business without a license in violation of this chapter. (2) Each citation shall be in writing and shall describe with specificity the basis of each citation. (3) Each citation shall contain an order to cease all violations of this chapter and an assessment of a civil penalty in an amount of not less than fifty dollars ($50.00) nor more than two thousand five hundred dollars ($2,500) for each violation.
(1) The administrative director and the investigator, acting on behalf of the commission, are authorized to issue citations against persons acting in the capacity of engaging in the auction business without a license in violation of this chapter.
(2) Each citation shall be in writing and shall describe with specificity the basis of each citation.
(3) Each citation shall contain an order to cease all violations of this chapter and an assessment of a civil penalty in an amount of not less than fifty dollars ($50.00) nor more than two thousand five hundred dollars ($2,500) for each violation.
(b) The commission 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 chapter.
(c) Service of a citation issued pursuant to this section may be made in person or by certified mail at the last known business address or residence address of the person cited.
(d) A citation issued pursuant to this section shall be issued by the administrative director or investigator within one (1) year after the act or omission that is the basis for the citation.
(e) Any person served with a citation pursuant to this section may appeal to the administrative 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.
(f) If a person cited timely notifies the administrative director that the person intends to contest the citation, the administrative director shall afford an opportunity for a contested case hearing pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(g) After all administrative appeals have been exhausted, the administrative director may apply to the appropriate court for judgment in an amount of the civil penalty, plus applicable court costs, and for an order to cease activities in violation of this chapter. The motion for the order, which shall include a certified copy of the final order of the hearing officer or administrative judge, shall constitute a sufficient showing to warrant the issuance of judgment and order.
(h) The commission may waive any or all of a civil penalty by stating the reasons for the waiver in the official minutes of the commission.
Acts 1999, ch. 358, § 11.
Tenn. Code Ann. § 62-4-101 — TN Code / Title 62 / Chapter 4 / Section 62-4-101
Short title
Status: in_force

This part shall be known and may be cited as the "Tennessee Cosmetology Act of 1986." Amended by 2024 Tenn. Acts, ch. 1060,s 2, eff. 7/1/2024. Acts 1986, ch. 817, § 1.
This part shall be known and may be cited as the "Tennessee Cosmetology Act of 1986."
Amended by 2024 Tenn. Acts, ch. 1060,s 2, eff. 7/1/2024.
Acts 1986, ch. 817, § 1.
Tenn. Code Ann. § 62-44-105 — TN Code / Title 62 / Chapter 44 / Section 62-44-105
Penalty
Status: in_force

(a) A violation of this chapter is a Class C misdemeanor. (b) The court trying the case has the power to remit the term of imprisonment provided for a Class C misdemeanor for the first offense. Acts 1997, ch. 132, § 5.
(a) A violation of this chapter is a Class C misdemeanor.
(b) The court trying the case has the power to remit the term of imprisonment provided for a Class C misdemeanor for the first offense.
Acts 1997, ch. 132, § 5.
Tenn. Code Ann. § 62-5-207 — TN Code / Title 62 / Chapter 5 / Section 62-5-207
Revenues and expenses
Status: in_force

(a) All fees, penalties and other moneys derived from the operation of this chapter shall be paid to the board and shall be used by it for the purpose of defraying the necessary expenses of the board in the administration of this chapter. (b) The moneys received by the board over and above the expenses of the board shall be paid into the state treasury. Acts 1951, ch. 13, § 22 (Williams, § 7140.22); T.C.A. (orig. ed.), § 62-507.
(a) All fees, penalties and other moneys derived from the operation of this chapter shall be paid to the board and shall be used by it for the purpose of defraying the necessary expenses of the board in the administration of this chapter.
(b) The moneys received by the board over and above the expenses of the board shall be paid into the state treasury.
Acts 1951, ch. 13, § 22 (Williams, § 7140.22); T.C.A. (orig. ed.), § 62-507.
Tenn. Code Ann. § 62-32-310 — TN Code / Title 62 / Chapter 32 / Section 62-32-310
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 294, s 25, eff. 7/1/2021. Acts 1991, ch. 400, § 10; 1993, ch. 429, § 3.
Repealed by 2021 Tenn. Acts, ch. 294, s 25, eff. 7/1/2021.
Acts 1991, ch. 400, § 10; 1993, ch. 429, § 3.
Tenn. Code Ann. § 62-35-137 — TN Code / Title 62 / Chapter 35 / Section 62-35-137
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 572, s 2, eff. 5/27/2021. Acts 1991, ch. 425, §5; 2012 , ch. 986, § 45.
Repealed by 2021 Tenn. Acts, ch. 572, s 2, eff. 5/27/2021.
Acts 1991, ch. 425, §5; 2012 , ch. 986, § 45.
Tenn. Code Ann. § 62-20-110 — TN Code / Title 62 / Chapter 20 / Section 62-20-110
Bond posted or certificate of deposit assigned
Status: in_force

(a) The bond posted or the certificate of deposit assigned in accordance with this chapter shall be in full force and effect during all periods and in all places and areas in which the licensee is doing business within this state as a collection service. (b) If any collection service violates the conditions of the bond or certificate of deposit, the injured client may maintain an action in the client's own name on the bond or certificate of deposit of the collection service in any court of competent jurisdiction. (c) In no event shall the aggregate liability of the surety exceed the amount of the bond, nor shall the board or this state be liable to any client relative to an assigned certificate of deposit. Acts 1981, ch. 170, § 10.
(a) The bond posted or the certificate of deposit assigned in accordance with this chapter shall be in full force and effect during all periods and in all places and areas in which the licensee is doing business within this state as a collection service.
(b) If any collection service violates the conditions of the bond or certificate of deposit, the injured client may maintain an action in the client's own name on the bond or certificate of deposit of the collection service in any court of competent jurisdiction.
(c) In no event shall the aggregate liability of the surety exceed the amount of the bond, nor shall the board or this state be liable to any client relative to an assigned certificate of deposit.
Acts 1981, ch. 170, § 10.
Tenn. Code Ann. § 62-6-517 — TN Code / Title 62 / Chapter 6 / Section 62-6-517
Citations - Service - Appeal - Settlement of injuries prior to license
Status: in_force

(a) The executive director of the board, acting on behalf of the board, is authorized to issue citations against persons acting in the capacity of or engaging in the business of home improvement without a license in violation of this part. Each citation shall be in writing and shall describe with particularity the basis of the citation. 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). (b) 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. (c) The sanctions authorized by this part are in addition to any other remedies, civil and criminal, available to any person harmed by a violation of this part. (d) Service of a citation issued pursuant to this section may be made by certified mail at the last known business address or residence address of the person cited. (e) A citation issued pursuant to this section shall be issued by the executive director within one (1) year after the act or omission that is the basis for the citation. (f) Any person served with a citation pursuant to this section may appeal to the executive 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. If a person cited timely notifies the executive director that the person intends to contest the citation, the executive director shall afford an opportunity for a contested case hearing pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. After all administrative appeals have been exhausted, the executive 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 this part. 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. The executive 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 home improvement contractor. (g) Any outstanding injury to the public shall be settled satisfactorily before a license as a home improvement contractor is issued. (h) Section 62-6-509(c) and this section do not apply to the construction, repair or replacement of detached permanent structures designed for the storage of tools, farm implements, lawn care machinery, bulk products and other such items. Amended by 2015 Tenn. Acts, ch. 290, Secs.s 4, s 5 eff. 4/24/2015. Acts 2007 , ch. 460, § 2.
(a) The executive director of the board, acting on behalf of the board, is authorized to issue citations against persons acting in the capacity of or engaging in the business of home improvement without a license in violation of this part. Each citation shall be in writing and shall describe with particularity the basis of the citation. 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).
(b) 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.
(c) The sanctions authorized by this part are in addition to any other remedies, civil and criminal, available to any person harmed by a violation of this part.
(d) Service of a citation issued pursuant to this section may be made by certified mail at the last known business address or residence address of the person cited.
(e) A citation issued pursuant to this section shall be issued by the executive director within one (1) year after the act or omission that is the basis for the citation.
(f) Any person served with a citation pursuant to this section may appeal to the executive 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. If a person cited timely notifies the executive director that the person intends to contest the citation, the executive director shall afford an opportunity for a contested case hearing pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. After all administrative appeals have been exhausted, the executive 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 this part. 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. The executive 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 home improvement contractor.
(g) Any outstanding injury to the public shall be settled satisfactorily before a license as a home improvement contractor is issued.
(h) Section 62-6-509(c) and this section do not apply to the construction, repair or replacement of detached permanent structures designed for the storage of tools, farm implements, lawn care machinery, bulk products and other such items.
Amended by 2015 Tenn. Acts, ch. 290, Secs.s 4, s 5 eff. 4/24/2015.
Acts 2007 , ch. 460, § 2.
Tenn. Code Ann. § 62-21-128 — TN Code / Title 62 / Chapter 21 / Section 62-21-128
Monthly report requirement - Exemption
Status: in_force

Notwithstanding any law, rule or regulation to the contrary, persons licensed in the category of wood destroying organisms shall not be required to file a monthly report to the department. A monthly report shall not be required to be filed whether any application of chemicals was made or not. Acts 1991, ch. 441, § 6.
Notwithstanding any law, rule or regulation to the contrary, persons licensed in the category of wood destroying organisms shall not be required to file a monthly report to the department. A monthly report shall not be required to be filed whether any application of chemicals was made or not.
Acts 1991, ch. 441, § 6.
Tenn. Code Ann. § 62-4-112 — TN Code / Title 62 / Chapter 4 / Section 62-4-112
License fees - Penalties
Status: in_force

(a) The board shall issue a license to qualified applicants upon receipt of the appropriate fee. (b) The board shall prescribe fees and penalties under this part pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Amended by 2024 Tenn. Acts, ch. 1060,s 13, eff. 7/1/2024. Acts 1986, ch. 817, § 12; 1987, ch. 112, § 5; 1988, ch. 902, § 7; 1989, ch. 523, § 113.
(a) The board shall issue a license to qualified applicants upon receipt of the appropriate fee.
(b) The board shall prescribe fees and penalties under this part pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Amended by 2024 Tenn. Acts, ch. 1060,s 13, eff. 7/1/2024.
Acts 1986, ch. 817, § 12; 1987, ch. 112, § 5; 1988, ch. 902, § 7; 1989, ch. 523, § 113.
Tenn. Code Ann. § 62-36-118 — TN Code / Title 62 / Chapter 36 / Section 62-36-118
Complaints against licensees
Status: in_force

Any person may file a complaint with the commissioner against a licensee alleging fraud, deceit, gross neglect, incompetence or misconduct. Complaints shall be made in writing. Acts 2007, ch. 495, § 19.
Any person may file a complaint with the commissioner against a licensee alleging fraud, deceit, gross neglect, incompetence or misconduct. Complaints shall be made in writing.
Acts 2007, ch. 495, § 19.
Tenn. Code Ann. § 62-5-401 — TN Code / Title 62 / Chapter 5 / Section 62-5-401
Short title
Status: in_force

This part shall be known and may be cited as the "Tennessee Prepaid Funeral Benefits Act." Acts 2007, ch. 592, § 2.
This part shall be known and may be cited as the "Tennessee Prepaid Funeral Benefits Act."
Acts 2007, ch. 592, § 2.
Tenn. Code Ann. § 62-43-114 — TN Code / Title 62 / Chapter 43 / Section 62-43-114
Rules of the former Tennessee Employee Leasing Act remain in effect - Effect of current licenses - Recent appointments to advisory board
Status: in_force

(a) Rules promulgated pursuant to the Tennessee Employee Leasing Act, that are in effect prior to May 21, 2012, shall remain in effect unless such rules are in conflict with this chapter or until modified or repealed by the department. (b) A plan, adopted by a study committee establishing criteria for a staff leasing company sponsoring and maintaining a plan for self-insurance for health benefits on or before January 1, 1998, shall be deemed a rule of the department and shall remain in effect unless such rule is in conflict with this chapter or until modified or repealed by the department. (c) A current license in effect at May 21, 2012, shall remain in effect until one hundred eighty (180) days after the close of the licensee's current fiscal year. (d) The most recent appointments to the advisory board under the Tennessee Employee Leasing Act shall be considered appointments to the advisory council unless the governor appoints a successor to an expired term. Acts 2012, ch. 1081, § 1.
(a) Rules promulgated pursuant to the Tennessee Employee Leasing Act, that are in effect prior to May 21, 2012, shall remain in effect unless such rules are in conflict with this chapter or until modified or repealed by the department.
(b) A plan, adopted by a study committee establishing criteria for a staff leasing company sponsoring and maintaining a plan for self-insurance for health benefits on or before January 1, 1998, shall be deemed a rule of the department and shall remain in effect unless such rule is in conflict with this chapter or until modified or repealed by the department.
(c) A current license in effect at May 21, 2012, shall remain in effect until one hundred eighty (180) days after the close of the licensee's current fiscal year.
(d) The most recent appointments to the advisory board under the Tennessee Employee Leasing Act shall be considered appointments to the advisory council unless the governor appoints a successor to an expired term.
Acts 2012, ch. 1081, § 1.
Tenn. Code Ann. § 62-38-209 — TN Code / Title 62 / Chapter 38 / Section 62-38-209
Hygiene - Equipment - Bandaging, removal of tattoos
Status: in_force

(a) Each tattoo artist shall use a single use lap cloth. (b) Each tattoo artist shall thoroughly wash the tattoo artists's hands with an antibacterial solution and hot running water prior to and after administering any tattoo. (c) Disposable, latex examination gloves shall be worn by a tattoo artist at all times while administering any tattoo. Gloves shall be changed and properly disposed of each time there is an interruption in the application of a tattoo or whenever their ability to function as a barrier is compromised. (d) Only single use supplies or sterilized equipment may be used to apply a tattoo and shall be disposed of after each tattoo. This subsection (d) includes single use disposable razors, single use towels or wipes, lubricants from a collapsible tube and single use paper stencils or plastic stencils soaked in a germicidal solution. If the design is drawn directly onto the skin, it shall be applied only with a single use article. Dyes or pigments should be manufactured for the sole purpose of tattooing. Single use or individual portions of dye and ink pots or trays shall be used. After tattooing, single use items, dyes and containers shall be discarded and the tattoo area disinfected. (e) All tubes and needles should be sealed for individual client use in autoclave bags with an autoclave indicator and date of sterilization clearly visible. Autoclave bags may be stored for use for up to one (1) year. Autoclave sterilization minimum standards shall mean holding in an autoclave for twenty (20) minutes, at fifteen pounds (15 lbs.) pressure, at a temperature of two hundred sixty degrees fahrenheit (260° F.) or one hundred twenty-seven degrees celsius (127° C). After tattooing, used nondisposable instruments such as tubes shall be kept in a separate, puncture resistant container until properly cleaned, disinfected and sterilized using universal precautions and recognized medical methods. (f) Each tattoo shall be bandaged, when applicable, before leaving the tattoo studio. (g) No tattoo artist shall remove or attempt to remove any tattoo. Acts 1996, ch. 1004, § 10.
(a) Each tattoo artist shall use a single use lap cloth.
(b) Each tattoo artist shall thoroughly wash the tattoo artists's hands with an antibacterial solution and hot running water prior to and after administering any tattoo.
(c) Disposable, latex examination gloves shall be worn by a tattoo artist at all times while administering any tattoo. Gloves shall be changed and properly disposed of each time there is an interruption in the application of a tattoo or whenever their ability to function as a barrier is compromised.
(d) Only single use supplies or sterilized equipment may be used to apply a tattoo and shall be disposed of after each tattoo. This subsection (d) includes single use disposable razors, single use towels or wipes, lubricants from a collapsible tube and single use paper stencils or plastic stencils soaked in a germicidal solution. If the design is drawn directly onto the skin, it shall be applied only with a single use article. Dyes or pigments should be manufactured for the sole purpose of tattooing. Single use or individual portions of dye and ink pots or trays shall be used. After tattooing, single use items, dyes and containers shall be discarded and the tattoo area disinfected.
(e) All tubes and needles should be sealed for individual client use in autoclave bags with an autoclave indicator and date of sterilization clearly visible. Autoclave bags may be stored for use for up to one (1) year. Autoclave sterilization minimum standards shall mean holding in an autoclave for twenty (20) minutes, at fifteen pounds (15 lbs.) pressure, at a temperature of two hundred sixty degrees fahrenheit (260° F.) or one hundred twenty-seven degrees celsius (127° C). After tattooing, used nondisposable instruments such as tubes shall be kept in a separate, puncture resistant container until properly cleaned, disinfected and sterilized using universal precautions and recognized medical methods.
(f) Each tattoo shall be bandaged, when applicable, before leaving the tattoo studio.
(g) No tattoo artist shall remove or attempt to remove any tattoo.
Acts 1996, ch. 1004, § 10.
Tenn. Code Ann. § 62-38-301 — TN Code / Title 62 / Chapter 38 / Section 62-38-301
Part definitions
Status: in_force

As used in this part: (1) "Antibacterial" means a substance that inhibits and reduces the growth of bacteria; (2) "Approval" means written approval from the department of health indicating that the body piercing establishment has been inspected and meets all the terms of this part and the applicable rules; (3) "Body piercing" means the piercing of any part of the body for compensation by someone, other than a physician licensed under title 63, who utilizes a needle or other instrument for the purpose of inserting an object into the body for nonmedical purposes. "Body piercing" includes ear piercing except when the ear piercing procedure is performed on the ear with an ear piercing gun; (4) "Body piercing establishment" means any place, whether temporary or permanent, stationary or mobile, wherever situated, where body piercing is performed, including any area under the control of the operator; (5) "Body piercing establishment permit" or "permit" means the issuance of a written permit by the department to a body piercing establishment stating that the establishment, after inspection, was found to be in compliance with this part; (6) "Body piercing operator" or "operator" means a person who controls, operates, conducts or manages a body piercing establishment, whether or not the operator is actually engaging in body piercing; (7) "Body piercing paraphernalia" means equipment, needles, body ornaments, or other instruments used or intended for use in piercing a part of the body for nonmedical purposes; (8) "Body piercing service" or "body piercing procedure" means the service performed or the procedure utilized for body piercing; (9) "Body piercing technician" or "technician" means a person at least eighteen (18) years of age who engages in the practice or service of body piercing, regardless of the type of body ornament utilized or the body area to be pierced; (10) "Body piercing technician license" means the issuance of a state license authorizing the person named in the license to engage in the practice or service of body piercing after fulfilling the requirements of this part; (11) "Business" means any entity that provides body piercing services or procedures for compensation; (12) "Commissioner" means the commissioner of health or the designee of the commissioner; (13) "Department" means the department of health; (14) "Disinfecting" means a process that kills or destroys nearly all disease-producing microorganisms, with the exception of bacterial spores; (15) "License" means the issuance of a license to perform body piercing to an individual, partnership, firm, association or corporation; (16) "Minor" means an individual under the age of eighteen (18); (17) "Patron" means a person requesting and receiving body piercing services; (18) "Premises" means the physical location of an establishment that offers and performs body piercing services; (19) "Proof of age" means a driver license or other generally accepted means of identification that describes the individual as eighteen (18) years of age or older, contains a photograph or other likeness of the individual and appears on its face to be valid; (20) "Sterilization" means holding in an autoclave for fifteen (15) minutes at fifteen (15) pounds of pressure and at a temperature of two hundred and fifty degrees Fahrenheit (250° F) or one hundred and twenty-one degrees Celsius (121° C); (21) "Sterilize" means a process by which all forms of microbial life, including bacteria, viruses, spores, and fungi, are destroyed; and (22) "Universal precautions" means that all blood and body fluids are treated so as to contain all blood borne pathogens and taking proper precautions to prevent the spread of any blood borne pathogens. Amended by 2023 Tenn. Acts, ch. 90, s 2, eff. 7/1/2023. Acts 2001, ch. 336, § 2.
As used in this part:
(1) "Antibacterial" means a substance that inhibits and reduces the growth of bacteria;
(2) "Approval" means written approval from the department of health indicating that the body piercing establishment has been inspected and meets all the terms of this part and the applicable rules;
(3) "Body piercing" means the piercing of any part of the body for compensation by someone, other than a physician licensed under title 63, who utilizes a needle or other instrument for the purpose of inserting an object into the body for nonmedical purposes. "Body piercing" includes ear piercing except when the ear piercing procedure is performed on the ear with an ear piercing gun;
(4) "Body piercing establishment" means any place, whether temporary or permanent, stationary or mobile, wherever situated, where body piercing is performed, including any area under the control of the operator;
(5) "Body piercing establishment permit" or "permit" means the issuance of a written permit by the department to a body piercing establishment stating that the establishment, after inspection, was found to be in compliance with this part;
(6) "Body piercing operator" or "operator" means a person who controls, operates, conducts or manages a body piercing establishment, whether or not the operator is actually engaging in body piercing;
(7) "Body piercing paraphernalia" means equipment, needles, body ornaments, or other instruments used or intended for use in piercing a part of the body for nonmedical purposes;
(8) "Body piercing service" or "body piercing procedure" means the service performed or the procedure utilized for body piercing;
(9) "Body piercing technician" or "technician" means a person at least eighteen (18) years of age who engages in the practice or service of body piercing, regardless of the type of body ornament utilized or the body area to be pierced;
(10) "Body piercing technician license" means the issuance of a state license authorizing the person named in the license to engage in the practice or service of body piercing after fulfilling the requirements of this part;
(11) "Business" means any entity that provides body piercing services or procedures for compensation;
(12) "Commissioner" means the commissioner of health or the designee of the commissioner;
(13) "Department" means the department of health;
(14) "Disinfecting" means a process that kills or destroys nearly all disease-producing microorganisms, with the exception of bacterial spores;
(15) "License" means the issuance of a license to perform body piercing to an individual, partnership, firm, association or corporation;
(16) "Minor" means an individual under the age of eighteen (18);
(17) "Patron" means a person requesting and receiving body piercing services;
(18) "Premises" means the physical location of an establishment that offers and performs body piercing services;
(19) "Proof of age" means a driver license or other generally accepted means of identification that describes the individual as eighteen (18) years of age or older, contains a photograph or other likeness of the individual and appears on its face to be valid;
(20) "Sterilization" means holding in an autoclave for fifteen (15) minutes at fifteen (15) pounds of pressure and at a temperature of two hundred and fifty degrees Fahrenheit (250° F) or one hundred and twenty-one degrees Celsius (121° C);
(21) "Sterilize" means a process by which all forms of microbial life, including bacteria, viruses, spores, and fungi, are destroyed; and
(22) "Universal precautions" means that all blood and body fluids are treated so as to contain all blood borne pathogens and taking proper precautions to prevent the spread of any blood borne pathogens.
Amended by 2023 Tenn. Acts, ch. 90, s 2, eff. 7/1/2023.
Acts 2001, ch. 336, § 2.
Tenn. Code Ann. § 62-2-904 — TN Code / Title 62 / Chapter 2 / Section 62-2-904
Application for registration - Requirements - Examination
Status: in_force

(a) (1) Each applicant for registration shall apply to the board. (2) Except as otherwise provided in this part, each applicant shall take and pass the examination administered by the National Council for Interior Design Qualifications or an equivalent examination as specified by the board. (3) The applicant shall provide substantial evidence to the board that the applicant has passed the examination required by this part; and: (A) Is a graduate of a five-year interior design program from an accredited institution and has completed at least one (1) year of diversified interior design experience; (B) Is a graduate of a four-year interior design program from an accredited institution and has completed at least two (2) years of diversified interior design experience; (C) Is a graduate of a three-year interior design program from an accredited institution and has completed three (3) years of diversified interior design experience; or (D) Is a graduate of a two-year interior design program from an accredited institution and has completed four (4) years of diversified interior design experience. (4) All interior design programs must be accredited by the Foundation for Interior Design Education Research or a program determined by the board to be substantially equivalent to such a program; or an interior design program must be offered by an institution located in this state on April 16, 1991, and the institution is accredited by the Southern Association of Colleges and Schools or licensed by the Tennessee higher education commission. (b) An applicant for registration as a registered interior designer shall establish to the satisfaction of the board that the applicant: (1) Is at least twenty-one (21) years of age; (2) Has not been convicted of an offense that bears directly on the fitness of the applicant to be registered; (3) Has passed or supplied proof of passage of the examination required by this part; and (4) Meets any other requirements established by the board. Acts 1991, ch. 164, § 5; 1993, ch. 58, § 1; 1995, ch. 113, §§ 6, 10.
(a) (1) Each applicant for registration shall apply to the board. (2) Except as otherwise provided in this part, each applicant shall take and pass the examination administered by the National Council for Interior Design Qualifications or an equivalent examination as specified by the board. (3) The applicant shall provide substantial evidence to the board that the applicant has passed the examination required by this part; and: (A) Is a graduate of a five-year interior design program from an accredited institution and has completed at least one (1) year of diversified interior design experience; (B) Is a graduate of a four-year interior design program from an accredited institution and has completed at least two (2) years of diversified interior design experience; (C) Is a graduate of a three-year interior design program from an accredited institution and has completed three (3) years of diversified interior design experience; or (D) Is a graduate of a two-year interior design program from an accredited institution and has completed four (4) years of diversified interior design experience. (4) All interior design programs must be accredited by the Foundation for Interior Design Education Research or a program determined by the board to be substantially equivalent to such a program; or an interior design program must be offered by an institution located in this state on April 16, 1991, and the institution is accredited by the Southern Association of Colleges and Schools or licensed by the Tennessee higher education commission.
(1) Each applicant for registration shall apply to the board.
(2) Except as otherwise provided in this part, each applicant shall take and pass the examination administered by the National Council for Interior Design Qualifications or an equivalent examination as specified by the board.
(3) The applicant shall provide substantial evidence to the board that the applicant has passed the examination required by this part; and: (A) Is a graduate of a five-year interior design program from an accredited institution and has completed at least one (1) year of diversified interior design experience; (B) Is a graduate of a four-year interior design program from an accredited institution and has completed at least two (2) years of diversified interior design experience; (C) Is a graduate of a three-year interior design program from an accredited institution and has completed three (3) years of diversified interior design experience; or (D) Is a graduate of a two-year interior design program from an accredited institution and has completed four (4) years of diversified interior design experience.
(A) Is a graduate of a five-year interior design program from an accredited institution and has completed at least one (1) year of diversified interior design experience;
(B) Is a graduate of a four-year interior design program from an accredited institution and has completed at least two (2) years of diversified interior design experience;
(C) Is a graduate of a three-year interior design program from an accredited institution and has completed three (3) years of diversified interior design experience; or
(D) Is a graduate of a two-year interior design program from an accredited institution and has completed four (4) years of diversified interior design experience.
(4) All interior design programs must be accredited by the Foundation for Interior Design Education Research or a program determined by the board to be substantially equivalent to such a program; or an interior design program must be offered by an institution located in this state on April 16, 1991, and the institution is accredited by the Southern Association of Colleges and Schools or licensed by the Tennessee higher education commission.
(b) An applicant for registration as a registered interior designer shall establish to the satisfaction of the board that the applicant: (1) Is at least twenty-one (21) years of age; (2) Has not been convicted of an offense that bears directly on the fitness of the applicant to be registered; (3) Has passed or supplied proof of passage of the examination required by this part; and (4) Meets any other requirements established by the board.
(1) Is at least twenty-one (21) years of age;
(2) Has not been convicted of an offense that bears directly on the fitness of the applicant to be registered;
(3) Has passed or supplied proof of passage of the examination required by this part; and
(4) Meets any other requirements established by the board.
Acts 1991, ch. 164, § 5; 1993, ch. 58, § 1; 1995, ch. 113, §§ 6, 10.
Tenn. Code Ann. § 62-13-108 — TN Code / Title 62 / Chapter 13 / Section 62-13-108
Study and research programs
Status: in_force

The real estate commission is authorized to assist educational institutions within this state in sponsoring studies, research and programs for the purpose of raising the standards of professional practice in real estate and the competence of licensees in the public interest. Acts 1973, ch. 181, § 8(i); T.C.A., § 62-1334.
The real estate commission is authorized to assist educational institutions within this state in sponsoring studies, research and programs for the purpose of raising the standards of professional practice in real estate and the competence of licensees in the public interest.
Acts 1973, ch. 181, § 8(i); T.C.A., § 62-1334.
Tenn. Code Ann. § 62-2-503 — TN Code / Title 62 / Chapter 2 / Section 62-2-503
Practical architecture experience credit
Status: in_force

(a) (1) For the purpose of evaluating "practical experience in architectural work," the board may utilize criteria and standards published by the National Council of Architectural Registration Boards (N.C.A.R.B.). (2) Every applicant shall have not less than two (2) years of practical experience in an office of a practicing registered architect. (3) To receive credit for practical training time, the applicant must be employed by the same employer for a period of not less than four (4) consecutive calendar months. The work month is considered to be one hundred forty (140) hours. (b) (1) Experience acquired while employed by a registered architect practicing as an individual will be credited as practical training only when acquired under the supervision of the practicing architect in the course of the regular practice. Practice as a principal after proper architectural registration by other jurisdictions may be accepted by the board as fulfilling the required experience in the office of a registered practicing architect. (2) Experience acquired while employed by a partnership or corporation engaging in the practice of architecture will be credited as practical training only when acquired under the supervision of the partner or partners or the officer or officers who shall be the registered architect or registered architects exercising professional and supervisory control over the particular architectural services rendered by the partnership or corporation. (c) Practical experience as approved by the board and obtained, while working in the United States government, public or private service agencies, covering the fields of education, research and in the service of such agencies as redevelopment authorities, Peace Corps, VISTA, HUD, other United States government and armed forces agencies, multiplied by a factor of .75, may be considered as "practical experience in architectural work." (d) Notwithstanding any provision in this section, the board may refuse to credit as practical training experience acquired while employed by an individual or by any type of organization having any interest in any project or building prejudicial to or in conflict with the individual's or organization's professional interest therein. Acts 1979, ch. 263, § 17; T.C.A., § 62-217; Acts 1983, ch. 71, § 6.
(a) (1) For the purpose of evaluating "practical experience in architectural work," the board may utilize criteria and standards published by the National Council of Architectural Registration Boards (N.C.A.R.B.). (2) Every applicant shall have not less than two (2) years of practical experience in an office of a practicing registered architect. (3) To receive credit for practical training time, the applicant must be employed by the same employer for a period of not less than four (4) consecutive calendar months. The work month is considered to be one hundred forty (140) hours.
(1) For the purpose of evaluating "practical experience in architectural work," the board may utilize criteria and standards published by the National Council of Architectural Registration Boards (N.C.A.R.B.).
(2) Every applicant shall have not less than two (2) years of practical experience in an office of a practicing registered architect.
(3) To receive credit for practical training time, the applicant must be employed by the same employer for a period of not less than four (4) consecutive calendar months. The work month is considered to be one hundred forty (140) hours.
(b) (1) Experience acquired while employed by a registered architect practicing as an individual will be credited as practical training only when acquired under the supervision of the practicing architect in the course of the regular practice. Practice as a principal after proper architectural registration by other jurisdictions may be accepted by the board as fulfilling the required experience in the office of a registered practicing architect. (2) Experience acquired while employed by a partnership or corporation engaging in the practice of architecture will be credited as practical training only when acquired under the supervision of the partner or partners or the officer or officers who shall be the registered architect or registered architects exercising professional and supervisory control over the particular architectural services rendered by the partnership or corporation.
(1) Experience acquired while employed by a registered architect practicing as an individual will be credited as practical training only when acquired under the supervision of the practicing architect in the course of the regular practice. Practice as a principal after proper architectural registration by other jurisdictions may be accepted by the board as fulfilling the required experience in the office of a registered practicing architect.
(2) Experience acquired while employed by a partnership or corporation engaging in the practice of architecture will be credited as practical training only when acquired under the supervision of the partner or partners or the officer or officers who shall be the registered architect or registered architects exercising professional and supervisory control over the particular architectural services rendered by the partnership or corporation.
(c) Practical experience as approved by the board and obtained, while working in the United States government, public or private service agencies, covering the fields of education, research and in the service of such agencies as redevelopment authorities, Peace Corps, VISTA, HUD, other United States government and armed forces agencies, multiplied by a factor of .75, may be considered as "practical experience in architectural work."
(d) Notwithstanding any provision in this section, the board may refuse to credit as practical training experience acquired while employed by an individual or by any type of organization having any interest in any project or building prejudicial to or in conflict with the individual's or organization's professional interest therein.
Acts 1979, ch. 263, § 17; T.C.A., § 62-217; Acts 1983, ch. 71, § 6.
Tenn. Code Ann. § 62-27-102 — TN Code / Title 62 / Chapter 27 / Section 62-27-102
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Commissioner" means the commissioner of commerce and insurance; (2) "Intern sponsor" means any qualified licensed Tennessee examiner who is approved by the commissioner for the purpose of supervising and furthering the education of the intern during the commissioner approved training program; (3) "Internship" means the study of polygraph techniques and of the administration of polygraph techniques by a trainee, referred to as an "intern" in this chapter, under the personal supervision and control of a local licensed polygraph examiner in accordance with a course of study prescribed by the commissioner at the commencement of the internship; (4) "Person" means any natural person, firm, association, copartnership or corporation; and (5) "Polygraph examiner" means any person who purports to be able to detect deception or verify truth of statements through instrumentation or by means of a mechanical device. Amended by 2021 Tenn. Acts, ch. 294, s 14, eff. 7/1/2021. Acts 1978, ch. 900, § 3; impl. am. Acts 1981, ch. 489, § 1; T.C.A., § 62-2702; Acts 1982, ch. 720, § 4; 1999, ch. 252, §§ 1, 2, 4, 5, 6.
As used in this chapter, unless the context otherwise requires:
(1) "Commissioner" means the commissioner of commerce and insurance;
(2) "Intern sponsor" means any qualified licensed Tennessee examiner who is approved by the commissioner for the purpose of supervising and furthering the education of the intern during the commissioner approved training program;
(3) "Internship" means the study of polygraph techniques and of the administration of polygraph techniques by a trainee, referred to as an "intern" in this chapter, under the personal supervision and control of a local licensed polygraph examiner in accordance with a course of study prescribed by the commissioner at the commencement of the internship;
(4) "Person" means any natural person, firm, association, copartnership or corporation; and
(5) "Polygraph examiner" means any person who purports to be able to detect deception or verify truth of statements through instrumentation or by means of a mechanical device.
Amended by 2021 Tenn. Acts, ch. 294, s 14, eff. 7/1/2021.
Acts 1978, ch. 900, § 3; impl. am. Acts 1981, ch. 489, § 1; T.C.A., § 62-2702; Acts 1982, ch. 720, § 4; 1999, ch. 252, §§ 1, 2, 4, 5, 6.
Tenn. Code Ann. § 62-5-408 — TN Code / Title 62 / Chapter 5 / Section 62-5-408
Management of funeral contract trust
Status: in_force

(a) Moneys held in a pre-need funeral contract trust shall be held in trust, both as to principal and income earned on the principal, and shall remain intact, except that the trustee shall have the right to use trust fund income to pay applicable taxes and reasonable expenses related to the administration of the trust, including reasonable trustee's fees for services rendered pursuant to the terms of the applicable trust agreement or to others for the preparation of fiduciary tax returns. In no event shall the principal be diminished. (b) The pre-need seller shall be liable to the trustee and to third parties to the extent that income from the trust is not sufficient to pay the expenses of the trust. (c) The trustee shall make regular valuations of assets it holds in trust and provide a report of the valuations to the pre-need seller at least annually. (d) The trustee shall invest the moneys paid and placed in a pre-need funeral contract trust, by exercising the judgment and care under the circumstances then prevailing, that persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not in regard to speculation, but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital. (e) Except as otherwise provided by this part, all payments made by the purchaser of a pre-need funeral contract shall remain trust funds with a trustee or as paid insurance premiums with an insurance company, as the case may be, until the death of the pre-need funeral contract beneficiary and until full performance of the pre-need funeral contract. Amended by 2016 Tenn. Acts, ch. 911,s 14, eff. 4/27/2016. Acts 2007, ch. 592, § 9.
(a) Moneys held in a pre-need funeral contract trust shall be held in trust, both as to principal and income earned on the principal, and shall remain intact, except that the trustee shall have the right to use trust fund income to pay applicable taxes and reasonable expenses related to the administration of the trust, including reasonable trustee's fees for services rendered pursuant to the terms of the applicable trust agreement or to others for the preparation of fiduciary tax returns. In no event shall the principal be diminished.
(b) The pre-need seller shall be liable to the trustee and to third parties to the extent that income from the trust is not sufficient to pay the expenses of the trust.
(c) The trustee shall make regular valuations of assets it holds in trust and provide a report of the valuations to the pre-need seller at least annually.
(d) The trustee shall invest the moneys paid and placed in a pre-need funeral contract trust, by exercising the judgment and care under the circumstances then prevailing, that persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not in regard to speculation, but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital.
(e) Except as otherwise provided by this part, all payments made by the purchaser of a pre-need funeral contract shall remain trust funds with a trustee or as paid insurance premiums with an insurance company, as the case may be, until the death of the pre-need funeral contract beneficiary and until full performance of the pre-need funeral contract.
Amended by 2016 Tenn. Acts, ch. 911,s 14, eff. 4/27/2016.
Acts 2007, ch. 592, § 9.
Tenn. Code Ann. § 62-38-205 — TN Code / Title 62 / Chapter 38 / Section 62-38-205
Temporary locations
Status: in_force

(a) A registered tattoo business may set up at temporary locations other than a tattoo studio, e.g., tattoo conventions, with the written approval of the local health department, for a period not to exceed ten (10) days; provided, that each artist not previously registered with the department of health shall register and pay a fee of fifty dollars ($50.00) to the department. (b) Temporary facilities, e.g., tattoo conventions, shall be held to the same sanitary standards as those required of tattoo studios. Temporary facility permits shall be issued by the local health department, to include: (1) An area where tattooing can be performed in a limited access location; (2) Adequate sterilization equipment supplied; (3) Waste receptacles and sharps containers supplied; (4) Individual containers of water for each client in single use rinse cups; and (5) Disinfectant sprays at each tattoo artist's work area. (c) A temporary tattoo artist registration may be issued for no more than fourteen (14) days. The holder of the studio certificate shall also sign for the temporary license from the department of health and all tattooing shall be under the auspices of the studio certificate holder and in compliance with this part. Artists may apply tattoos if a copy of the state application and a receipt for the fifty dollar ($50.00) fee is on display at the studio. The sterilization course, written examination and work experience shall be waived for the temporary permit. A temporary license is not transferable nor may it be renewed. Acts 1996, ch. 1004, § 6.
(a) A registered tattoo business may set up at temporary locations other than a tattoo studio, e.g., tattoo conventions, with the written approval of the local health department, for a period not to exceed ten (10) days; provided, that each artist not previously registered with the department of health shall register and pay a fee of fifty dollars ($50.00) to the department.
(b) Temporary facilities, e.g., tattoo conventions, shall be held to the same sanitary standards as those required of tattoo studios. Temporary facility permits shall be issued by the local health department, to include: (1) An area where tattooing can be performed in a limited access location; (2) Adequate sterilization equipment supplied; (3) Waste receptacles and sharps containers supplied; (4) Individual containers of water for each client in single use rinse cups; and (5) Disinfectant sprays at each tattoo artist's work area.
(1) An area where tattooing can be performed in a limited access location;
(2) Adequate sterilization equipment supplied;
(3) Waste receptacles and sharps containers supplied;
(4) Individual containers of water for each client in single use rinse cups; and
(5) Disinfectant sprays at each tattoo artist's work area.
(c) A temporary tattoo artist registration may be issued for no more than fourteen (14) days. The holder of the studio certificate shall also sign for the temporary license from the department of health and all tattooing shall be under the auspices of the studio certificate holder and in compliance with this part. Artists may apply tattoos if a copy of the state application and a receipt for the fifty dollar ($50.00) fee is on display at the studio. The sterilization course, written examination and work experience shall be waived for the temporary permit. A temporary license is not transferable nor may it be renewed.
Acts 1996, ch. 1004, § 6.
Tenn. Code Ann. § 62-32-109 — TN Code / Title 62 / Chapter 32 / Section 62-32-109
Bond requirements - Effect of invalid bond - Liability of surety
Status: in_force

(a) The bond required by § 62-32-105 shall be in effect at all times and places in which the fire protection sprinkler system contractor engages in business in this state. If the bond ceases to be in effect, the certificate of registration of the contractor shall become invalid. (b) In no event shall the aggregate liability of the surety exceed the amount of the bond. Acts 1984, ch. 949, § 9.
(a) The bond required by § 62-32-105 shall be in effect at all times and places in which the fire protection sprinkler system contractor engages in business in this state. If the bond ceases to be in effect, the certificate of registration of the contractor shall become invalid.
(b) In no event shall the aggregate liability of the surety exceed the amount of the bond.
Acts 1984, ch. 949, § 9.
Tenn. Code Ann. § 62-5-609 — TN Code / Title 62 / Chapter 5 / Section 62-5-609
Proof of coursework required for license renewal
Status: in_force

Each applicant for renewal of a funeral director's or embalmer's license in this state shall submit the renewal fee accompanied by written proof of each continuing education course or courses the person has attended during the previous two (2) years. No applications for renewal will be considered without complete documentation of the continuing education hours and the renewal fee, unless exempted by this chapter. Acts 1997, ch. 275, § 10.
Each applicant for renewal of a funeral director's or embalmer's license in this state shall submit the renewal fee accompanied by written proof of each continuing education course or courses the person has attended during the previous two (2) years. No applications for renewal will be considered without complete documentation of the continuing education hours and the renewal fee, unless exempted by this chapter.
Acts 1997, ch. 275, § 10.
Tenn. Code Ann. § 62-32-318 — TN Code / Title 62 / Chapter 32 / Section 62-32-318
Fees
Status: in_force

(a) The commissioner is authorized to establish and charge reasonable application, certification, registration and license fees as follows: (1) A nonrefundable application fee for a certification as alarm systems contractor; (2) Upon approval of application, a certification fee; (3) A renewal certification fee; (4) A nonrefundable application fee to include the cost of an FBI/TBI background check for a qualifying agent's license; (5) Upon approval of the commissioner of a qualifying agent's license, a license fee; (6) A nonrefundable application fee to include the cost of an FBI/TBI background check for an employee registration; and (7) A nonrefundable registration fee set by the commissioner. (b) The total amount of fees annually established by the commissioner shall equal the direct and indirect anticipated expenses of the commissioner for the year. Acts 1991, ch. 400, § 18; 1996, ch. 848, § 23; 2008 , ch. 1038, §§ 12-14.
(a) The commissioner is authorized to establish and charge reasonable application, certification, registration and license fees as follows: (1) A nonrefundable application fee for a certification as alarm systems contractor; (2) Upon approval of application, a certification fee; (3) A renewal certification fee; (4) A nonrefundable application fee to include the cost of an FBI/TBI background check for a qualifying agent's license; (5) Upon approval of the commissioner of a qualifying agent's license, a license fee; (6) A nonrefundable application fee to include the cost of an FBI/TBI background check for an employee registration; and (7) A nonrefundable registration fee set by the commissioner.
(1) A nonrefundable application fee for a certification as alarm systems contractor;
(2) Upon approval of application, a certification fee;
(3) A renewal certification fee;
(4) A nonrefundable application fee to include the cost of an FBI/TBI background check for a qualifying agent's license;
(5) Upon approval of the commissioner of a qualifying agent's license, a license fee;
(6) A nonrefundable application fee to include the cost of an FBI/TBI background check for an employee registration; and
(7) A nonrefundable registration fee set by the commissioner.
(b) The total amount of fees annually established by the commissioner shall equal the direct and indirect anticipated expenses of the commissioner for the year.
Acts 1991, ch. 400, § 18; 1996, ch. 848, § 23; 2008 , ch. 1038, §§ 12-14.
Tenn. Code Ann. § 62-18-119 — TN Code / Title 62 / Chapter 18 / Section 62-18-119
Seal of registrant
Status: in_force

(a) Each registrant under this part shall, upon registration, obtain a seal of the design authorized by the board, bearing the registrant's name and the legend "Registered Land Surveyor." (b) Maps, plats, surveys or other documents issued by a registrant shall be stamped with the seal during the life of the registrant's certificate, but it is unlawful for anyone to stamp or seal any documents with the seal after the certificate of the registrant named on the certificate has expired or has been revoked, unless the certificate has been renewed or reissued. (c) (1) No surveyor shall affix a seal or stamp to any document that has not been prepared by that surveyor or under that surveyor's individual supervision. (2) The survey used in making plats must be made by the surveyor or the surveyor's employees or members of a partnership, firm or joint stock association of which the surveyor is a member, and the surveyor affixing the surveyor's seal to the survey must be in responsible charge of those making the surveys in such association with the surveyor. (d) The board may adopt rules and regulations pertaining to the affixing to and endorsement of the registrant's seal on surveying documents that may be necessary to implement compliance with this section. Acts 1969, ch. 207, § 12; 1973, ch. 89, § 2; T.C.A., § 62-1818.
(a) Each registrant under this part shall, upon registration, obtain a seal of the design authorized by the board, bearing the registrant's name and the legend "Registered Land Surveyor."
(b) Maps, plats, surveys or other documents issued by a registrant shall be stamped with the seal during the life of the registrant's certificate, but it is unlawful for anyone to stamp or seal any documents with the seal after the certificate of the registrant named on the certificate has expired or has been revoked, unless the certificate has been renewed or reissued.
(c) (1) No surveyor shall affix a seal or stamp to any document that has not been prepared by that surveyor or under that surveyor's individual supervision. (2) The survey used in making plats must be made by the surveyor or the surveyor's employees or members of a partnership, firm or joint stock association of which the surveyor is a member, and the surveyor affixing the surveyor's seal to the survey must be in responsible charge of those making the surveys in such association with the surveyor.
(1) No surveyor shall affix a seal or stamp to any document that has not been prepared by that surveyor or under that surveyor's individual supervision.
(2) The survey used in making plats must be made by the surveyor or the surveyor's employees or members of a partnership, firm or joint stock association of which the surveyor is a member, and the surveyor affixing the surveyor's seal to the survey must be in responsible charge of those making the surveys in such association with the surveyor.
(d) The board may adopt rules and regulations pertaining to the affixing to and endorsement of the registrant's seal on surveying documents that may be necessary to implement compliance with this section.
Acts 1969, ch. 207, § 12; 1973, ch. 89, § 2; T.C.A., § 62-1818.
Tenn. Code Ann. § 62-5-313 — TN Code / Title 62 / Chapter 5 / Section 62-5-313
Requirements for operation
Status: in_force

(a) Every person, firm, partnership or corporation, at each and every place of business conducted by that person, firm, partnership or corporation, in the business or practice of funeral directing shall have a fixed place of business or establishment devoted to the care and preparation of dead human bodies and shall have a licensed funeral director in charge of each such place of business; and no employee or member of the firm or corporation shall engage in the care, preparation, disposal or burial of dead human bodies and the management of funerals, nor discharge the duties of a funeral director, unless the employee or member is a licensed funeral director in accordance with this chapter. Nothing in this chapter shall be interpreted to prohibit the use of unlicensed assistants when they are under the direction and supervision of a licensed funeral director. (b) (1) A license to operate a funeral establishment shall not be issued by the board unless the applicant has at least one (1) full-time person duly licensed for the practice of funeral directing and a duly licensed embalmer in attendance during the preparation of the dead remains. (2) Each funeral establishment must have available for its use a preparation room equipped with tile, cement or composition floor, necessary drainage and ventilation and necessary instruments and supplies for the preparation of embalming dead human bodies for burial, transportation or other disposition. (c) Every funeral establishment licensed under this chapter must be managed and supervised by a licensed funeral director, responsible for each funeral establishment. (d) (1) Prior to or at the time of placing a dead human body in a casket for interment or entombment, each funeral establishment shall securely affix or attach to the body, preferably upon the ankle, a permanent identification device approved by the board, containing the decedent's name, date of birth, and date of death. If that information is not available to the funeral establishment, then a permanent identification device stating that the information is not available shall be affixed or attached to the body. (2) If a dead human body is to be cremated, then a permanent identification device approved by the board, containing the decedent's name, date of birth, and date of death shall be placed in the crematory urn before the remains are placed in the urn. If the information is not available to the funeral establishment, then a permanent identification device stating the information is not available shall be placed in the crematory urn before the remains are placed in the urn. (3) No funeral establishment shall solicit or collect a fee for the affixing or attaching of a permanent identification device pursuant to this section. (4) Failure to comply with this subsection (d) is a disciplinary offense and is punishable as provided in § 62-5-317 . (e) Each funeral establishment must have its current license available for inspection in the office of the funeral establishment. (f) Nothing in this chapter prohibits the use of a licensed funeral establishment to prepare any remains for disposition or to perform, or offer to perform, commemorative services, if the commemorative services are performed in compliance with this chapter and applicable provisions in title 68, and rules promulgated pursuant to this chapter and title 68. For the purposes of this subsection (f), "commemorative services" means any ceremony for the dead prior to burial, cremation, or any other legal form of final disposition. Amended by 2017 Tenn. Acts, ch. 144, s 1, eff. 4/17/2017. Amended by 2017 Tenn. Acts, ch. 139, s 1, eff. 4/17/2017. Acts 1951, ch. 13, § 10 (Williams, § 7140.10); modified; Acts 1968, ch. 542, § 3; 1975, ch. 346, § 1; T.C.A. (orig. ed.), § 62-520; Acts 1995, ch. 21, § 1; 2001, ch. 188, § 17.
(a) Every person, firm, partnership or corporation, at each and every place of business conducted by that person, firm, partnership or corporation, in the business or practice of funeral directing shall have a fixed place of business or establishment devoted to the care and preparation of dead human bodies and shall have a licensed funeral director in charge of each such place of business; and no employee or member of the firm or corporation shall engage in the care, preparation, disposal or burial of dead human bodies and the management of funerals, nor discharge the duties of a funeral director, unless the employee or member is a licensed funeral director in accordance with this chapter. Nothing in this chapter shall be interpreted to prohibit the use of unlicensed assistants when they are under the direction and supervision of a licensed funeral director.
(b) (1) A license to operate a funeral establishment shall not be issued by the board unless the applicant has at least one (1) full-time person duly licensed for the practice of funeral directing and a duly licensed embalmer in attendance during the preparation of the dead remains. (2) Each funeral establishment must have available for its use a preparation room equipped with tile, cement or composition floor, necessary drainage and ventilation and necessary instruments and supplies for the preparation of embalming dead human bodies for burial, transportation or other disposition.
(1) A license to operate a funeral establishment shall not be issued by the board unless the applicant has at least one (1) full-time person duly licensed for the practice of funeral directing and a duly licensed embalmer in attendance during the preparation of the dead remains.
(2) Each funeral establishment must have available for its use a preparation room equipped with tile, cement or composition floor, necessary drainage and ventilation and necessary instruments and supplies for the preparation of embalming dead human bodies for burial, transportation or other disposition.
(c) Every funeral establishment licensed under this chapter must be managed and supervised by a licensed funeral director, responsible for each funeral establishment.
(d) (1) Prior to or at the time of placing a dead human body in a casket for interment or entombment, each funeral establishment shall securely affix or attach to the body, preferably upon the ankle, a permanent identification device approved by the board, containing the decedent's name, date of birth, and date of death. If that information is not available to the funeral establishment, then a permanent identification device stating that the information is not available shall be affixed or attached to the body. (2) If a dead human body is to be cremated, then a permanent identification device approved by the board, containing the decedent's name, date of birth, and date of death shall be placed in the crematory urn before the remains are placed in the urn. If the information is not available to the funeral establishment, then a permanent identification device stating the information is not available shall be placed in the crematory urn before the remains are placed in the urn. (3) No funeral establishment shall solicit or collect a fee for the affixing or attaching of a permanent identification device pursuant to this section. (4) Failure to comply with this subsection (d) is a disciplinary offense and is punishable as provided in § 62-5-317 .
(1) Prior to or at the time of placing a dead human body in a casket for interment or entombment, each funeral establishment shall securely affix or attach to the body, preferably upon the ankle, a permanent identification device approved by the board, containing the decedent's name, date of birth, and date of death. If that information is not available to the funeral establishment, then a permanent identification device stating that the information is not available shall be affixed or attached to the body.
(2) If a dead human body is to be cremated, then a permanent identification device approved by the board, containing the decedent's name, date of birth, and date of death shall be placed in the crematory urn before the remains are placed in the urn. If the information is not available to the funeral establishment, then a permanent identification device stating the information is not available shall be placed in the crematory urn before the remains are placed in the urn.
(3) No funeral establishment shall solicit or collect a fee for the affixing or attaching of a permanent identification device pursuant to this section.
(4) Failure to comply with this subsection (d) is a disciplinary offense and is punishable as provided in § 62-5-317 .
(e) Each funeral establishment must have its current license available for inspection in the office of the funeral establishment.
(f) Nothing in this chapter prohibits the use of a licensed funeral establishment to prepare any remains for disposition or to perform, or offer to perform, commemorative services, if the commemorative services are performed in compliance with this chapter and applicable provisions in title 68, and rules promulgated pursuant to this chapter and title 68. For the purposes of this subsection (f), "commemorative services" means any ceremony for the dead prior to burial, cremation, or any other legal form of final disposition.
Amended by 2017 Tenn. Acts, ch. 144, s 1, eff. 4/17/2017.
Amended by 2017 Tenn. Acts, ch. 139, s 1, eff. 4/17/2017.
Acts 1951, ch. 13, § 10 (Williams, § 7140.10); modified; Acts 1968, ch. 542, § 3; 1975, ch. 346, § 1; T.C.A. (orig. ed.), § 62-520; Acts 1995, ch. 21, § 1; 2001, ch. 188, § 17.
Tenn. Code Ann. § 62-19-121 — TN Code / Title 62 / Chapter 19 / Section 62-19-121
Penalties
Status: in_force

A violation of this chapter or any rule or regulation of the commission is a Class C misdemeanor. Acts 1967, ch. 335, § 22; 1976, ch. 824, § 10; 1978, ch. 569, § 8; T.C.A., §62-1922; Acts 1989, ch. 591, § 113.
A violation of this chapter or any rule or regulation of the commission is a Class C misdemeanor.
Acts 1967, ch. 335, § 22; 1976, ch. 824, § 10; 1978, ch. 569, § 8; T.C.A., §62-1922; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 62-18-102 — TN Code / Title 62 / Chapter 18 / Section 62-18-102
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Board" means the state board of examiners for land surveyors, provided for by this part; (2) "Land surveyor" means a person who is engaged in the practice of land surveying; (3) "Practice of land surveying" means any service of work, the adequate performance of which involves the application of special knowledge of the principles of mathematics, the related physical and applied sciences and the relevant requirements of law for adequate evidence to the act of measuring and locating lines, angles, elevations, natural and man-made features in the air, on the surface of the earth, within underground workings and on the beds of bodies of water for the purpose of determining areas and volumes, for the monumenting of property boundaries and for the platting and layout of lands and subdivisions of land, including the topography, drainage, alignment and grades of streets, and for the preparation and perpetuation of maps, records, plats, field notes, records and property descriptions that represent these surveys; and (4) A person shall be construed to "practice or offer to practice" land surveying within the meaning and intent of this part, who: (A) Engages in land surveying; (B) By verbal claim, sign, letterhead, card or in any other way represents that the person is a land surveyor; or (C) Represents that the person is able to perform land surveying in this state. Acts 1969, ch. 207, § 2; 1979, ch. 97, § 1; T.C.A., § 62-1802.
As used in this part, unless the context otherwise requires:
(1) "Board" means the state board of examiners for land surveyors, provided for by this part;
(2) "Land surveyor" means a person who is engaged in the practice of land surveying;
(3) "Practice of land surveying" means any service of work, the adequate performance of which involves the application of special knowledge of the principles of mathematics, the related physical and applied sciences and the relevant requirements of law for adequate evidence to the act of measuring and locating lines, angles, elevations, natural and man-made features in the air, on the surface of the earth, within underground workings and on the beds of bodies of water for the purpose of determining areas and volumes, for the monumenting of property boundaries and for the platting and layout of lands and subdivisions of land, including the topography, drainage, alignment and grades of streets, and for the preparation and perpetuation of maps, records, plats, field notes, records and property descriptions that represent these surveys; and
(4) A person shall be construed to "practice or offer to practice" land surveying within the meaning and intent of this part, who: (A) Engages in land surveying; (B) By verbal claim, sign, letterhead, card or in any other way represents that the person is a land surveyor; or (C) Represents that the person is able to perform land surveying in this state.
(A) Engages in land surveying;
(B) By verbal claim, sign, letterhead, card or in any other way represents that the person is a land surveyor; or
(C) Represents that the person is able to perform land surveying in this state.
Acts 1969, ch. 207, § 2; 1979, ch. 97, § 1; T.C.A., § 62-1802.
Tenn. Code Ann. § 62-35-135 — TN Code / Title 62 / Chapter 35 / Section 62-35-135
Administrative procedures regarding contested cases
Status: in_force

The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, governs all matters and procedures respecting the hearing and judicial review of any contested case arising under this chapter. Acts 1987, ch. 436, § 31.
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 1987, ch. 436, § 31.
Tenn. Code Ann. § 62-18-113 — TN Code / Title 62 / Chapter 18 / Section 62-18-113
Expiration date of certificates
Status: in_force

Certificates of registration expire on December 31 of each odd-numbered year and are invalid after that date unless renewed. It is the sole responsibility of any person registered as a land surveyor to renew the person's registration on or before the date of its expiration. Acts 1969, ch. 207, § 10; T.C.A., § 62-1812; Acts 1998, ch. 676, § 1; 2001, ch. 77, § 1.
Certificates of registration expire on December 31 of each odd-numbered year and are invalid after that date unless renewed. It is the sole responsibility of any person registered as a land surveyor to renew the person's registration on or before the date of its expiration.
Acts 1969, ch. 207, § 10; T.C.A., § 62-1812; Acts 1998, ch. 676, § 1; 2001, ch. 77, § 1.
Tenn. Code Ann. § 62-26-210 — TN Code / Title 62 / Chapter 26 / Section 62-26-210
License not transferable or assignable
Status: in_force

No license issued under this part shall be transferable or assignable. Acts 1990, ch. 780, § 11.
No license issued under this part shall be transferable or assignable.
Acts 1990, ch. 780, § 11.
Tenn. Code Ann. § 62-76-106 — TN Code / Title 62 / Chapter 76 / Section 62-76-106
Equivalent credit toward receipt of occupational license for members of United States armed forces and honorably discharged veterans
Status: in_force

(a) As used in this section: (1) "Honorably discharged veteran" means any person who has been honorably discharged from the army, navy, air force, marine corps, or coast guard, or any person who has been honorably discharged from a reserve component as defined in 10 U.S.C. § 10101 , having performed active federal service in the armed forces of the United States; (2) "Licensing authority" means a state board, agency, or commission, attached to the division of regulatory boards, as listed in § 4-3-1304(a) , with the authority to impose training, education, or licensure fees to practice in an occupation regulated under this title; and (3) "Member of the armed forces" means a member of the United States armed forces or a member of a reserve or Tennessee national guard unit who is in, or was called into, active service or active military service of the United States, as defined in § 58-1-102 . (b) Members of the United States armed forces and persons who are honorably discharged veterans are eligible to receive equivalent credit toward the receipt of an occupational license regulated under this title relating to the training received while serving in the armed forces if the training is consistent with requirements for licensure as determined by the applicable licensing authority. In order to receive credit in accordance with this subsection (b), the member of the armed forces or honorably discharged veteran must submit to the applicable licensing authority as evidence of training a certificate from: (1) The United States department of defense; or (2) The United States department of veterans affairs. (c) Any person aggrieved by a decision of a licensing authority concerning eligibility for equivalent credit under this section may appeal to the commissioner of commerce and insurance, or the commissioner's designee, for a determination of whether the training meets the requirements for licensure. An appeal under this subsection (c) must be conducted in the same manner as is provided in § 4-5-322 , for a contested case hearing under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (d) The commissioner of commerce and insurance, in collaboration with the commissioner of veterans services, shall promulgate rules to effectuate this section. All rules must be promulgated in accordance with the Uniform Administrative Procedures Act. Added by 2021 Tenn. Acts, ch. 222, s 1, eff. 4/22/2021.
(a) As used in this section: (1) "Honorably discharged veteran" means any person who has been honorably discharged from the army, navy, air force, marine corps, or coast guard, or any person who has been honorably discharged from a reserve component as defined in 10 U.S.C. § 10101 , having performed active federal service in the armed forces of the United States; (2) "Licensing authority" means a state board, agency, or commission, attached to the division of regulatory boards, as listed in § 4-3-1304(a) , with the authority to impose training, education, or licensure fees to practice in an occupation regulated under this title; and (3) "Member of the armed forces" means a member of the United States armed forces or a member of a reserve or Tennessee national guard unit who is in, or was called into, active service or active military service of the United States, as defined in § 58-1-102 .
(1) "Honorably discharged veteran" means any person who has been honorably discharged from the army, navy, air force, marine corps, or coast guard, or any person who has been honorably discharged from a reserve component as defined in 10 U.S.C. § 10101 , having performed active federal service in the armed forces of the United States;
(2) "Licensing authority" means a state board, agency, or commission, attached to the division of regulatory boards, as listed in § 4-3-1304(a) , with the authority to impose training, education, or licensure fees to practice in an occupation regulated under this title; and
(3) "Member of the armed forces" means a member of the United States armed forces or a member of a reserve or Tennessee national guard unit who is in, or was called into, active service or active military service of the United States, as defined in § 58-1-102 .
(b) Members of the United States armed forces and persons who are honorably discharged veterans are eligible to receive equivalent credit toward the receipt of an occupational license regulated under this title relating to the training received while serving in the armed forces if the training is consistent with requirements for licensure as determined by the applicable licensing authority. In order to receive credit in accordance with this subsection (b), the member of the armed forces or honorably discharged veteran must submit to the applicable licensing authority as evidence of training a certificate from: (1) The United States department of defense; or (2) The United States department of veterans affairs.
(1) The United States department of defense; or
(2) The United States department of veterans affairs.
(c) Any person aggrieved by a decision of a licensing authority concerning eligibility for equivalent credit under this section may appeal to the commissioner of commerce and insurance, or the commissioner's designee, for a determination of whether the training meets the requirements for licensure. An appeal under this subsection (c) must be conducted in the same manner as is provided in § 4-5-322 , for a contested case hearing under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(d) The commissioner of commerce and insurance, in collaboration with the commissioner of veterans services, shall promulgate rules to effectuate this section. All rules must be promulgated in accordance with the Uniform Administrative Procedures Act.
Added by 2021 Tenn. Acts, ch. 222, s 1, eff. 4/22/2021.
Tenn. Code Ann. § 62-10-106 — TN Code / Title 62 / Chapter 10 / Section 62-10-106
Acceptance of laundry only from marked wagons
Status: in_force

No commercial laundry shall accept, directly or indirectly, any laundry from any vehicle operated in the collection of laundry except from a laundry wagon as defined in this chapter. This shall not be construed as preventing any individual from delivering the individual's laundry or the laundry of a member of the individual's household to the laundry plant. Acts 1937, ch. 94, § 4; C. Supp. 1950, § 7182.44 (Williams, § 7182.46); T.C.A. (orig. ed.), § 62-1006.
No commercial laundry shall accept, directly or indirectly, any laundry from any vehicle operated in the collection of laundry except from a laundry wagon as defined in this chapter. This shall not be construed as preventing any individual from delivering the individual's laundry or the laundry of a member of the individual's household to the laundry plant.
Acts 1937, ch. 94, § 4; C. Supp. 1950, § 7182.44 (Williams, § 7182.46); T.C.A. (orig. ed.), § 62-1006.
Tenn. Code Ann. § 62-2-105 — TN Code / Title 62 / Chapter 2 / Section 62-2-105
Violations - Penalties - Reporting offenses
Status: in_force

(a) (1) No person shall: (A) Present or attempt to file as the person's own the certificate of registration of another; (B) Give forged or willfully false evidence of any kind to the state board of examiners for architects and engineers or any member of the board for the purpose of obtaining a certificate; (C) Falsely impersonate any other practitioner; or (D) Use or attempt to use an expired or revoked certificate of registration. (2) A violation of subdivision (a)(1) is a Class B misdemeanor. (b) (1) No person shall practice or offer to practice engineering, architecture or landscape architecture, or use the title "registered interior designer" in this state in violation of this chapter. (2) A violation of subdivision (b)(1) is a Class B misdemeanor. (3) Each day's violation of subdivision (b)(1) is a separate offense. (c) A person is construed to practice or offer to practice engineering, architecture or landscape architecture who, by verbal claim, sign, advertisement, letterhead, card or in any other way, represents that person to be an architect, engineer or landscape architect, with or without qualifying adjective, or through the use of some other title implies that the person is an architect, engineer or landscape architect. (d) It is the duty of the members of the board to report any violations of this chapter to the proper authorities. Acts 1979, ch. 263, § 34; 1980, ch. 627, § 5; T.C.A., § 62-234; Acts 1988, ch. 990, § 7; 1989, ch. 591, § 112; 1991, ch. 164, § 9; 1997, ch. 33, § 2.
(a) (1) No person shall: (A) Present or attempt to file as the person's own the certificate of registration of another; (B) Give forged or willfully false evidence of any kind to the state board of examiners for architects and engineers or any member of the board for the purpose of obtaining a certificate; (C) Falsely impersonate any other practitioner; or (D) Use or attempt to use an expired or revoked certificate of registration. (2) A violation of subdivision (a)(1) is a Class B misdemeanor.
(1) No person shall: (A) Present or attempt to file as the person's own the certificate of registration of another; (B) Give forged or willfully false evidence of any kind to the state board of examiners for architects and engineers or any member of the board for the purpose of obtaining a certificate; (C) Falsely impersonate any other practitioner; or (D) Use or attempt to use an expired or revoked certificate of registration.
(A) Present or attempt to file as the person's own the certificate of registration of another;
(B) Give forged or willfully false evidence of any kind to the state board of examiners for architects and engineers or any member of the board for the purpose of obtaining a certificate;
(C) Falsely impersonate any other practitioner; or
(D) Use or attempt to use an expired or revoked certificate of registration.
(2) A violation of subdivision (a)(1) is a Class B misdemeanor.
(b) (1) No person shall practice or offer to practice engineering, architecture or landscape architecture, or use the title "registered interior designer" in this state in violation of this chapter. (2) A violation of subdivision (b)(1) is a Class B misdemeanor. (3) Each day's violation of subdivision (b)(1) is a separate offense.
(1) No person shall practice or offer to practice engineering, architecture or landscape architecture, or use the title "registered interior designer" in this state in violation of this chapter.
(2) A violation of subdivision (b)(1) is a Class B misdemeanor.
(3) Each day's violation of subdivision (b)(1) is a separate offense.
(c) A person is construed to practice or offer to practice engineering, architecture or landscape architecture who, by verbal claim, sign, advertisement, letterhead, card or in any other way, represents that person to be an architect, engineer or landscape architect, with or without qualifying adjective, or through the use of some other title implies that the person is an architect, engineer or landscape architect.
(d) It is the duty of the members of the board to report any violations of this chapter to the proper authorities.
Acts 1979, ch. 263, § 34; 1980, ch. 627, § 5; T.C.A., § 62-234; Acts 1988, ch. 990, § 7; 1989, ch. 591, § 112; 1991, ch. 164, § 9; 1997, ch. 33, § 2.
Tenn. Code Ann. § 62-6-521 — TN Code / Title 62 / Chapter 6 / Section 62-6-521
Additional subcommittees
Status: in_force

(a) In addition to the appointment of a subcommittee established pursuant to § 62-6-520 , the board shall appoint two (2) additional subcommittees in accordance with the following: (1) A subcommittee of board members whose focus shall be related to issues concerning home builders; and (2) A subcommittee of board members whose focus shall be related to general contractor issues dealing with commercial construction, including electrical, mechanical, plumbing and heating, ventilation and air conditioning. (b) Each subcommittee shall act as an advisory committee concerning their respective areas pursuant to subsection (a) and shall report its findings and recommendations concerning licensure and disciplinary actions and other substantive issues to the board; provided, that all final decisions concerning those actions shall be decided by the board. (c) The members of the subcommittee shall receive the same amount of compensation and reimbursement as they would receive for performing their duties as board members for each day actually spent in the performance of their official duties. Acts 2007 , ch. 460, § 2.
(a) In addition to the appointment of a subcommittee established pursuant to § 62-6-520 , the board shall appoint two (2) additional subcommittees in accordance with the following: (1) A subcommittee of board members whose focus shall be related to issues concerning home builders; and (2) A subcommittee of board members whose focus shall be related to general contractor issues dealing with commercial construction, including electrical, mechanical, plumbing and heating, ventilation and air conditioning.
(1) A subcommittee of board members whose focus shall be related to issues concerning home builders; and
(2) A subcommittee of board members whose focus shall be related to general contractor issues dealing with commercial construction, including electrical, mechanical, plumbing and heating, ventilation and air conditioning.
(b) Each subcommittee shall act as an advisory committee concerning their respective areas pursuant to subsection (a) and shall report its findings and recommendations concerning licensure and disciplinary actions and other substantive issues to the board; provided, that all final decisions concerning those actions shall be decided by the board.
(c) The members of the subcommittee shall receive the same amount of compensation and reimbursement as they would receive for performing their duties as board members for each day actually spent in the performance of their official duties.
Acts 2007 , ch. 460, § 2.
Tenn. Code Ann. § 62-6-414 — TN Code / Title 62 / Chapter 6 / Section 62-6-414
Injunctions - Incurred expenses
Status: in_force

(a) In order to secure the effective enforcement of this part, jurisdiction is conferred on the chancery courts of this state to grant injunctive relief against any person or legal entity undertaking to perform plumbing work in violation of this part. (b) Any expenses incurred, such as depositions, travel expenses or attorney fees required for the prosecution of the suit, shall be paid in the same manner as other expenses incurred by the board. Acts 2004, ch. 826, § 15.
(a) In order to secure the effective enforcement of this part, jurisdiction is conferred on the chancery courts of this state to grant injunctive relief against any person or legal entity undertaking to perform plumbing work in violation of this part.
(b) Any expenses incurred, such as depositions, travel expenses or attorney fees required for the prosecution of the suit, shall be paid in the same manner as other expenses incurred by the board.
Acts 2004, ch. 826, § 15.
Tenn. Code Ann. § 62-5-511 — TN Code / Title 62 / Chapter 5 / Section 62-5-511
Crematory facility operator liability
Status: in_force

(a) The operator of a crematory facility is not liable for damages in a civil action for any of the following actions or omissions, unless the actions or omissions were made with malicious purpose, in bad faith or in a wanton or reckless manner: (1) Having performed the cremation of the decedent, or having released or disposed of the cremated remains, in accordance with the instructions set forth by the decedent or an heir or personal representative of the decedent; (2) Having performed the cremation of the decedent or body parts removed from the decedent or living person or having released or disposed of the cremated remains in accordance with the instructions set forth by the decedent or an heir or personal representative of the decedent; or (3) Any failure to correctly identify a dead human body prior to cremation. (b) The operator of a crematory facility is not liable for damages in a civil action for refusing to accept a dead human body or body parts or to perform a cremation under any of the following circumstances, unless the refusal was made with malicious purpose, in bad faith or in a wanton or reckless manner: (1) The operator has actual knowledge that there is a dispute regarding the cremation of the decedent or body parts, and the operator has not received an order of the court having jurisdiction ordering the cremation of the decedent or body parts; (2) The operator has a reasonable basis for questioning the accuracy of any of the information or statements provided to the operator with respect to the cremation of the decedent or body parts; or (3) The operator has any other lawful reason for refusing to accept the dead human body or body parts or to perform the cremation. (c) The operator of a crematory facility is not liable for damages in a civil action in connection with the cremation of or disposition of the cremated remains of any dental gold, jewelry or other items of value delivered to the facility with a dead human body or body parts unless the actions or omissions of the operator were made with malicious purpose, in bad faith or in a wanton or reckless manner. (d) This section does not create a new cause of action or substantive legal right against the operator of a crematory facility. (e) This section does not affect any immunities from civil liability or defenses established by law to which the operator of a crematory facility may be entitled. Acts 1999, ch. 215, § 11; 2000, ch. 779, §§ 25 - 28.
(a) The operator of a crematory facility is not liable for damages in a civil action for any of the following actions or omissions, unless the actions or omissions were made with malicious purpose, in bad faith or in a wanton or reckless manner: (1) Having performed the cremation of the decedent, or having released or disposed of the cremated remains, in accordance with the instructions set forth by the decedent or an heir or personal representative of the decedent; (2) Having performed the cremation of the decedent or body parts removed from the decedent or living person or having released or disposed of the cremated remains in accordance with the instructions set forth by the decedent or an heir or personal representative of the decedent; or (3) Any failure to correctly identify a dead human body prior to cremation.
(1) Having performed the cremation of the decedent, or having released or disposed of the cremated remains, in accordance with the instructions set forth by the decedent or an heir or personal representative of the decedent;
(2) Having performed the cremation of the decedent or body parts removed from the decedent or living person or having released or disposed of the cremated remains in accordance with the instructions set forth by the decedent or an heir or personal representative of the decedent; or
(3) Any failure to correctly identify a dead human body prior to cremation.
(b) The operator of a crematory facility is not liable for damages in a civil action for refusing to accept a dead human body or body parts or to perform a cremation under any of the following circumstances, unless the refusal was made with malicious purpose, in bad faith or in a wanton or reckless manner: (1) The operator has actual knowledge that there is a dispute regarding the cremation of the decedent or body parts, and the operator has not received an order of the court having jurisdiction ordering the cremation of the decedent or body parts; (2) The operator has a reasonable basis for questioning the accuracy of any of the information or statements provided to the operator with respect to the cremation of the decedent or body parts; or (3) The operator has any other lawful reason for refusing to accept the dead human body or body parts or to perform the cremation.
(1) The operator has actual knowledge that there is a dispute regarding the cremation of the decedent or body parts, and the operator has not received an order of the court having jurisdiction ordering the cremation of the decedent or body parts;
(2) The operator has a reasonable basis for questioning the accuracy of any of the information or statements provided to the operator with respect to the cremation of the decedent or body parts; or
(3) The operator has any other lawful reason for refusing to accept the dead human body or body parts or to perform the cremation.
(c) The operator of a crematory facility is not liable for damages in a civil action in connection with the cremation of or disposition of the cremated remains of any dental gold, jewelry or other items of value delivered to the facility with a dead human body or body parts unless the actions or omissions of the operator were made with malicious purpose, in bad faith or in a wanton or reckless manner.
(d) This section does not create a new cause of action or substantive legal right against the operator of a crematory facility.
(e) This section does not affect any immunities from civil liability or defenses established by law to which the operator of a crematory facility may be entitled.
Acts 1999, ch. 215, § 11; 2000, ch. 779, §§ 25 - 28.
Tenn. Code Ann. § 62-13-105 — TN Code / Title 62 / Chapter 13 / Section 62-13-105
Action by broker to collect compensation
Status: in_force

No action or suit shall be instituted, nor recovery be had by any person, in any court of this state for compensation for any act done or service rendered, the doing or rendering of which is prohibited under this chapter to other than by licensed brokers, affiliate brokers or time-share salespersons, unless the person was duly licensed under this chapter as a broker, affiliate broker or time-share salesperson at the time of performing or offering to perform any such act or service or procuring any promise or contract or the payment of compensation for any such contemplated act or service. Acts 1973, ch. 181, § 6; 1981, ch. 473, § 3; T.C.A., § 62-1308; Acts 1989, ch. 89, §§ 3, 4.
No action or suit shall be instituted, nor recovery be had by any person, in any court of this state for compensation for any act done or service rendered, the doing or rendering of which is prohibited under this chapter to other than by licensed brokers, affiliate brokers or time-share salespersons, unless the person was duly licensed under this chapter as a broker, affiliate broker or time-share salesperson at the time of performing or offering to perform any such act or service or procuring any promise or contract or the payment of compensation for any such contemplated act or service.
Acts 1973, ch. 181, § 6; 1981, ch. 473, § 3; T.C.A., § 62-1308; Acts 1989, ch. 89, §§ 3, 4.
Tenn. Code Ann. § 62-5-416 — TN Code / Title 62 / Chapter 5 / Section 62-5-416
Injunction
Status: in_force

In addition to other remedies, an action of injunction may be brought and maintained by the state or any other interested party to enjoin the violation of this part. Acts 2007, ch. 592, § 17.
In addition to other remedies, an action of injunction may be brought and maintained by the state or any other interested party to enjoin the violation of this part.
Acts 2007, ch. 592, § 17.
Tenn. Code Ann. § 62-44-104 — TN Code / Title 62 / Chapter 44 / Section 62-44-104
Materials not to be commingled for ten (10)
Status: in_force

The dealers shall keep on hand and in separate packages and not allow to be mixed or confused with other purchases, in order that identification may be easy, all surplused or used building materials bought or gotten from any person, the building materials, to be kept separate and subject to easy and convenient inspection of anyone desiring to investigate for a period of no less than ten (10) days after purchase or in any way acquired. Acts 1997, ch. 132, § 3.
The dealers shall keep on hand and in separate packages and not allow to be mixed or confused with other purchases, in order that identification may be easy, all surplused or used building materials bought or gotten from any person, the building materials, to be kept separate and subject to easy and convenient inspection of anyone desiring to investigate for a period of no less than ten (10) days after purchase or in any way acquired.
Acts 1997, ch. 132, § 3.
Tenn. Code Ann. § 62-39-316 — TN Code / Title 62 / Chapter 39 / Section 62-39-316
Denial of certificate - Grounds
Status: in_force

The commission may deny the issuance of a certificate as a state licensed or certified real estate appraiser to an applicant who has been convicted of a felony or on any of the grounds enumerated in this chapter. Acts 1990, ch. 865, § 25; 1991, ch. 366, § 27.
The commission may deny the issuance of a certificate as a state licensed or certified real estate appraiser to an applicant who has been convicted of a felony or on any of the grounds enumerated in this chapter.
Acts 1990, ch. 865, § 25; 1991, ch. 366, § 27.
Tenn. Code Ann. § 62-39-315 — TN Code / Title 62 / Chapter 39 / Section 62-39-315
Renewal certificate - Requirements
Status: in_force

To obtain a renewal certificate as a state certified real estate appraiser, the holder of a current, valid certificate shall make application and pay the prescribed fee to the commission no earlier than one hundred twenty (120) days prior to the expiration date of the certificate then held. With the application for renewal, the state certified real estate appraiser shall present evidence in the form prescribed by the commission of having completed the continuing education requirements for renewal specified in this chapter. Amended by 2014 Tenn. Acts, ch. 570, s 2, eff. 7/1/2014. Acts 1990, ch. 865, § 24; 1991, ch. 366, § 26.
To obtain a renewal certificate as a state certified real estate appraiser, the holder of a current, valid certificate shall make application and pay the prescribed fee to the commission no earlier than one hundred twenty (120) days prior to the expiration date of the certificate then held. With the application for renewal, the state certified real estate appraiser shall present evidence in the form prescribed by the commission of having completed the continuing education requirements for renewal specified in this chapter.
Amended by 2014 Tenn. Acts, ch. 570, s 2, eff. 7/1/2014.
Acts 1990, ch. 865, § 24; 1991, ch. 366, § 26.
Tenn. Code Ann. § 62-9-110 — TN Code / Title 62 / Chapter 9 / Section 62-9-110
Revocation of registration upon conviction of violations - Denial of application or suspension, revocation, or refusal to issue or renew registration by commissioner - Civil penalty
Status: in_force

(a) The scrap metal registration of a person convicted of a violation of this chapter, or the criminal offense of theft, burglary or vandalism if the offense involved scrap metal, shall be immediately revoked by operation of law upon conviction. A copy of the judgment of conviction shall be transmitted to the commissioner by the law enforcement agency responsible for the conviction. (b) The commissioner may deny an application for registration or may suspend, revoke or refuse to issue or renew any registration issued under this chapter upon finding that the holder or applicant is guilty of any violation enumerated in § 62-9-114(a) or any rule properly promulgated by the commissioner. In addition to or in lieu of any other lawful disciplinary action under this section, the commissioner may assess a civil penalty of up to one thousand dollars ($1,000) for each violation. Each day of continued violation constitutes a separate violation. (c) An action taken under this section shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title. Amended by 2018 Tenn. Acts, ch. 745, s 8, eff. 7/1/2018. Acts 2008 , ch. 690, §1; 2012 , ch. 969, § 7.
(a) The scrap metal registration of a person convicted of a violation of this chapter, or the criminal offense of theft, burglary or vandalism if the offense involved scrap metal, shall be immediately revoked by operation of law upon conviction. A copy of the judgment of conviction shall be transmitted to the commissioner by the law enforcement agency responsible for the conviction.
(b) The commissioner may deny an application for registration or may suspend, revoke or refuse to issue or renew any registration issued under this chapter upon finding that the holder or applicant is guilty of any violation enumerated in § 62-9-114(a) or any rule properly promulgated by the commissioner. In addition to or in lieu of any other lawful disciplinary action under this section, the commissioner may assess a civil penalty of up to one thousand dollars ($1,000) for each violation. Each day of continued violation constitutes a separate violation.
(c) An action taken under this section shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title.
Amended by 2018 Tenn. Acts, ch. 745, s 8, eff. 7/1/2018.
Acts 2008 , ch. 690, §1; 2012 , ch. 969, § 7.