Tenn. Code Ann. § 62-3-110 — TN Code / Title 62 / Chapter 3 / Section 62-3-110
Qualifications for technicians and master barbers
Status: in_force

(a) (1) Any person who desires a certificate of registration as a technician, authorizing the person to apply tints or dyes to the hair, shampoo hair, manicure nails and apply cosmetic preparations, antiseptics, powders, oils, clays or lotions to scalp, face, neck or other parts of the body, shall submit an application for examination to the state board of cosmetology and barber examiners on the prescribed form. (2) The application shall be accompanied by proof of satisfactory completion of a course in a registered barber school or college of no less than three hundred forty (340) hours of continuous instruction, including no more than eight (8) hours per day and forty (40) hours per week in the following subjects: (A) Scientific fundamentals of shampooing, tinting, dyeing, manicuring, the application of cosmetic preparations, hygiene and bacteriology; (B) Histology of the hair and hair structure; and (C) Massaging and manipulation of the muscles of the arms, hands and scalp. (3) The application must also contain proof that the applicant: (A) Is at least sixteen (16) years of age; and (B) Successfully completed up to one (1) hour of online or in-person training, at no cost to the applicant, by a nonprofit anti-domestic violence organization recognized by the Tennessee Coalition to End Domestic Violence and Sexual Assault on domestic violence that focuses on how to recognize the signs of domestic violence, how to respond to these signs, and how to refer a client to resources for victims of domestic violence. (b) Any person who desires a certificate of registration as a master barber shall submit an application for examination to the state board of cosmetology and barber examiners on the prescribed form. The application shall be accompanied by proof that the applicant: (1) Is at least sixteen (16) years of age; (2) [Deleted by 2024 amendment.] (3) Either: (A) Has satisfactorily completed a course of one thousand five hundred (1,500) hours in a registered barber school or college; or (B) Holds a valid Tennessee cosmetology license and has completed three hundred (300) hours in a registered barber school or college regarding the fundamentals of straight razor shaving and barbering technique; and (4) Successfully completed up to one (1) hour of online or in-person training, at no cost to the applicant, by a nonprofit anti-domestic violence organization recognized by the Tennessee Coalition to End Domestic Violence and Sexual Assault on domestic violence that focuses on how to recognize the signs of domestic violence, how to respond to these signs, and how to refer a client to resources for victims of domestic violence. Amended by 2024 Tenn. Acts, ch. 1060,s 32, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 114, s 40, eff. 7/1/2023. Amended by 2021 Tenn. Acts, ch. 549, s 11, eff. 10/1/2021. Amended by 2021 Tenn. Acts, ch. 549, s 10, eff. 10/1/2021. Amended by 2021 Tenn. Acts, ch. 117, Secs.s 1, s 2 eff. 4/13/2021. Amended by 2017 Tenn. Acts, ch. 226, s 2, eff. 7/1/2017. Amended by 2015 Tenn. Acts, ch. 402, s 3, eff. 7/1/2015. Amended by 2015 Tenn. Acts, ch. 402, s 2, eff. 7/1/2015. Acts 1929, ch. 118, § 5; Code 1932, § 7122; Acts 1961, ch. 67, § 1; 1967, ch. 249, § 1; impl. am. Acts 1971, ch. 90, § 1; impl. am. Acts 1971, ch. 131, § 1; Acts 1975, ch. 146, § 4; T.C.A. (orig. ed.), § 62-310; Acts 1982, ch. 870, § 3; 1986, ch. 921, §§8, 9; 1996, ch. 895, §§ 3-7.
(a) (1) Any person who desires a certificate of registration as a technician, authorizing the person to apply tints or dyes to the hair, shampoo hair, manicure nails and apply cosmetic preparations, antiseptics, powders, oils, clays or lotions to scalp, face, neck or other parts of the body, shall submit an application for examination to the state board of cosmetology and barber examiners on the prescribed form. (2) The application shall be accompanied by proof of satisfactory completion of a course in a registered barber school or college of no less than three hundred forty (340) hours of continuous instruction, including no more than eight (8) hours per day and forty (40) hours per week in the following subjects: (A) Scientific fundamentals of shampooing, tinting, dyeing, manicuring, the application of cosmetic preparations, hygiene and bacteriology; (B) Histology of the hair and hair structure; and (C) Massaging and manipulation of the muscles of the arms, hands and scalp. (3) The application must also contain proof that the applicant: (A) Is at least sixteen (16) years of age; and (B) Successfully completed up to one (1) hour of online or in-person training, at no cost to the applicant, by a nonprofit anti-domestic violence organization recognized by the Tennessee Coalition to End Domestic Violence and Sexual Assault on domestic violence that focuses on how to recognize the signs of domestic violence, how to respond to these signs, and how to refer a client to resources for victims of domestic violence.
(1) Any person who desires a certificate of registration as a technician, authorizing the person to apply tints or dyes to the hair, shampoo hair, manicure nails and apply cosmetic preparations, antiseptics, powders, oils, clays or lotions to scalp, face, neck or other parts of the body, shall submit an application for examination to the state board of cosmetology and barber examiners on the prescribed form.
(2) The application shall be accompanied by proof of satisfactory completion of a course in a registered barber school or college of no less than three hundred forty (340) hours of continuous instruction, including no more than eight (8) hours per day and forty (40) hours per week in the following subjects: (A) Scientific fundamentals of shampooing, tinting, dyeing, manicuring, the application of cosmetic preparations, hygiene and bacteriology; (B) Histology of the hair and hair structure; and (C) Massaging and manipulation of the muscles of the arms, hands and scalp.
(A) Scientific fundamentals of shampooing, tinting, dyeing, manicuring, the application of cosmetic preparations, hygiene and bacteriology;
(B) Histology of the hair and hair structure; and
(C) Massaging and manipulation of the muscles of the arms, hands and scalp.
(3) The application must also contain proof that the applicant: (A) Is at least sixteen (16) years of age; and (B) Successfully completed up to one (1) hour of online or in-person training, at no cost to the applicant, by a nonprofit anti-domestic violence organization recognized by the Tennessee Coalition to End Domestic Violence and Sexual Assault on domestic violence that focuses on how to recognize the signs of domestic violence, how to respond to these signs, and how to refer a client to resources for victims of domestic violence.
(A) Is at least sixteen (16) years of age; and
(B) Successfully completed up to one (1) hour of online or in-person training, at no cost to the applicant, by a nonprofit anti-domestic violence organization recognized by the Tennessee Coalition to End Domestic Violence and Sexual Assault on domestic violence that focuses on how to recognize the signs of domestic violence, how to respond to these signs, and how to refer a client to resources for victims of domestic violence.
(b) Any person who desires a certificate of registration as a master barber shall submit an application for examination to the state board of cosmetology and barber examiners on the prescribed form. The application shall be accompanied by proof that the applicant: (1) Is at least sixteen (16) years of age; (2) [Deleted by 2024 amendment.] (3) Either: (A) Has satisfactorily completed a course of one thousand five hundred (1,500) hours in a registered barber school or college; or (B) Holds a valid Tennessee cosmetology license and has completed three hundred (300) hours in a registered barber school or college regarding the fundamentals of straight razor shaving and barbering technique; and (4) Successfully completed up to one (1) hour of online or in-person training, at no cost to the applicant, by a nonprofit anti-domestic violence organization recognized by the Tennessee Coalition to End Domestic Violence and Sexual Assault on domestic violence that focuses on how to recognize the signs of domestic violence, how to respond to these signs, and how to refer a client to resources for victims of domestic violence.
(1) Is at least sixteen (16) years of age;
(2) [Deleted by 2024 amendment.]
(3) Either: (A) Has satisfactorily completed a course of one thousand five hundred (1,500) hours in a registered barber school or college; or (B) Holds a valid Tennessee cosmetology license and has completed three hundred (300) hours in a registered barber school or college regarding the fundamentals of straight razor shaving and barbering technique; and
(A) Has satisfactorily completed a course of one thousand five hundred (1,500) hours in a registered barber school or college; or
(B) Holds a valid Tennessee cosmetology license and has completed three hundred (300) hours in a registered barber school or college regarding the fundamentals of straight razor shaving and barbering technique; and
(4) Successfully completed up to one (1) hour of online or in-person training, at no cost to the applicant, by a nonprofit anti-domestic violence organization recognized by the Tennessee Coalition to End Domestic Violence and Sexual Assault on domestic violence that focuses on how to recognize the signs of domestic violence, how to respond to these signs, and how to refer a client to resources for victims of domestic violence.
Amended by 2024 Tenn. Acts, ch. 1060,s 32, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 114, s 40, eff. 7/1/2023.
Amended by 2021 Tenn. Acts, ch. 549, s 11, eff. 10/1/2021.
Amended by 2021 Tenn. Acts, ch. 549, s 10, eff. 10/1/2021.
Amended by 2021 Tenn. Acts, ch. 117, Secs.s 1, s 2 eff. 4/13/2021.
Amended by 2017 Tenn. Acts, ch. 226, s 2, eff. 7/1/2017.
Amended by 2015 Tenn. Acts, ch. 402, s 3, eff. 7/1/2015.
Amended by 2015 Tenn. Acts, ch. 402, s 2, eff. 7/1/2015.
Acts 1929, ch. 118, § 5; Code 1932, § 7122; Acts 1961, ch. 67, § 1; 1967, ch. 249, § 1; impl. am. Acts 1971, ch. 90, § 1; impl. am. Acts 1971, ch. 131, § 1; Acts 1975, ch. 146, § 4; T.C.A. (orig. ed.), § 62-310; Acts 1982, ch. 870, § 3; 1986, ch. 921, §§8, 9; 1996, ch. 895, §§ 3-7.
Tenn. Code Ann. § 62-1-108 — TN Code / Title 62 / Chapter 1 / Section 62-1-108
CPA firms - Permits - Issuance and renewal - Non-licensee owners - Fees
Status: in_force

(a) The board shall grant or renew permits to practice as a CPA firm or PA firm to entities that make application and demonstrate their qualifications for the permits in accordance with subsections (b)-(i) or to CPA firms originally licensed in another state that establish an office in this state. A firm with multiple locations shall obtain a permit for each location. A firm must hold a permit issued under this section in order to provide attest services or to use the title "CPAs," "CPA firm," "PAs" or "PA firm." (b) Permits shall be initially issued and renewed for periods of not more than two (2) years but, in any event, expiring on December 31 following issuance or renewal. Applications for permits shall be made in the form and, in the case of applications for renewal, between the dates that the board may specify by rule. (c) An applicant for initial issuance or renewal of a permit to practice under this section shall be required to show that: (1) Notwithstanding any other law, a simple majority of the beneficial ownership of the firm, in terms of financial interests in the equity capital and voting rights held by all partners, officers, shareholders, members or managers, belongs to holders of a certificate who are licensed in some state, and such partners, officers, shareholders, members or managers, whose principal place of business is in this state, and who perform professional services in this state hold a valid certificate issued under § 62-1-107 or the corresponding provision of prior law or are public accountants registered under § 62-1-109 . Although firms may include nonlicensee owners, the firms must be controlled by holders of a certificate who are licensed by some state and the control may not be relinquished by contract through the issuance of minority veto rights or otherwise. The firm and its ownership must comply with rules promulgated by the board; (2) Any individual licensee who is responsible for supervising attest services and signs or authorizes someone to sign the accountants' report on the financial statements on behalf of the firm shall meet the experience requirements set out in the professional standards for those services; and (3) Any individual licensee who signs or authorizes someone to sign the accountants' report on the financial statements on behalf of the firm shall meet the experience requirement of subdivision (c)(2). (d) Any CPA firm may include nonlicensee owners; provided, that: (1) The firm designates a Tennessee licensee/owner to provide the board with the names and amounts of equitable ownership and voting rights of all CPAs and other owners practicing in this state and the name of the resident manager of each office in this state; (2) All nonlicensee owners are active individual participants in the CPA firm or affiliated entities; and (3) The firm complies with other requirements that the board may impose by rule. (e) An applicant for initial issuance or renewal of a permit to practice under this section shall be required to obtain a permit for each location of the firm within this state with the board and to show that all attest services rendered in this state are under the charge of a person holding a valid certificate issued under § 62-1-107 or the corresponding provision of prior law or some other state law. (f) The board shall charge a fee for each application for initial issuance or renewal of a permit under this section in an amount prescribed by the board. The board has the authority to establish late fees for any applications, renewals or reports that are filed late. (g) An applicant for initial issuance or renewal of permits under this section shall in the application list all states in which the applicant has applied for or hold permits as CPA firms and list any past denial, revocation or suspension of a permit by any other state; and each holder of or applicant for a permit under this section shall notify the board in writing, within thirty (30) days after its occurrence, of any change in the identities of partners, officers, shareholders, members or managers whose principal place of business is in this state, any change in the number or location of offices within this state, any change in the identity of the persons in charge of those offices and any issuance, denial, revocation or suspension of a permit by any other state. (h) Firms that fall out of compliance with the section due to changes in firm ownership or personnel after receiving or renewing a permit shall take corrective action to bring the firm back into compliance. The board may grant a reasonable period of time for a firm to take corrective action. Failure to bring the firm back into compliance within a reasonable period as defined by the board will result in the suspension or revocation of the firm permit. (i) All firms holding a valid permit to practice as a CPA firm or PA firm issued by this state prior to October 1, 1998, shall be deemed to have met the requirements of this section. Acts 1998, ch. 700, § 4; 1999, ch. 65, § 5; 2002, ch. 654, § 8.
(a) The board shall grant or renew permits to practice as a CPA firm or PA firm to entities that make application and demonstrate their qualifications for the permits in accordance with subsections (b)-(i) or to CPA firms originally licensed in another state that establish an office in this state. A firm with multiple locations shall obtain a permit for each location. A firm must hold a permit issued under this section in order to provide attest services or to use the title "CPAs," "CPA firm," "PAs" or "PA firm."
(b) Permits shall be initially issued and renewed for periods of not more than two (2) years but, in any event, expiring on December 31 following issuance or renewal. Applications for permits shall be made in the form and, in the case of applications for renewal, between the dates that the board may specify by rule.
(c) An applicant for initial issuance or renewal of a permit to practice under this section shall be required to show that: (1) Notwithstanding any other law, a simple majority of the beneficial ownership of the firm, in terms of financial interests in the equity capital and voting rights held by all partners, officers, shareholders, members or managers, belongs to holders of a certificate who are licensed in some state, and such partners, officers, shareholders, members or managers, whose principal place of business is in this state, and who perform professional services in this state hold a valid certificate issued under § 62-1-107 or the corresponding provision of prior law or are public accountants registered under § 62-1-109 . Although firms may include nonlicensee owners, the firms must be controlled by holders of a certificate who are licensed by some state and the control may not be relinquished by contract through the issuance of minority veto rights or otherwise. The firm and its ownership must comply with rules promulgated by the board; (2) Any individual licensee who is responsible for supervising attest services and signs or authorizes someone to sign the accountants' report on the financial statements on behalf of the firm shall meet the experience requirements set out in the professional standards for those services; and (3) Any individual licensee who signs or authorizes someone to sign the accountants' report on the financial statements on behalf of the firm shall meet the experience requirement of subdivision (c)(2).
(1) Notwithstanding any other law, a simple majority of the beneficial ownership of the firm, in terms of financial interests in the equity capital and voting rights held by all partners, officers, shareholders, members or managers, belongs to holders of a certificate who are licensed in some state, and such partners, officers, shareholders, members or managers, whose principal place of business is in this state, and who perform professional services in this state hold a valid certificate issued under § 62-1-107 or the corresponding provision of prior law or are public accountants registered under § 62-1-109 . Although firms may include nonlicensee owners, the firms must be controlled by holders of a certificate who are licensed by some state and the control may not be relinquished by contract through the issuance of minority veto rights or otherwise. The firm and its ownership must comply with rules promulgated by the board;
(2) Any individual licensee who is responsible for supervising attest services and signs or authorizes someone to sign the accountants' report on the financial statements on behalf of the firm shall meet the experience requirements set out in the professional standards for those services; and
(3) Any individual licensee who signs or authorizes someone to sign the accountants' report on the financial statements on behalf of the firm shall meet the experience requirement of subdivision (c)(2).
(d) Any CPA firm may include nonlicensee owners; provided, that: (1) The firm designates a Tennessee licensee/owner to provide the board with the names and amounts of equitable ownership and voting rights of all CPAs and other owners practicing in this state and the name of the resident manager of each office in this state; (2) All nonlicensee owners are active individual participants in the CPA firm or affiliated entities; and (3) The firm complies with other requirements that the board may impose by rule.
(1) The firm designates a Tennessee licensee/owner to provide the board with the names and amounts of equitable ownership and voting rights of all CPAs and other owners practicing in this state and the name of the resident manager of each office in this state;
(2) All nonlicensee owners are active individual participants in the CPA firm or affiliated entities; and
(3) The firm complies with other requirements that the board may impose by rule.
(e) An applicant for initial issuance or renewal of a permit to practice under this section shall be required to obtain a permit for each location of the firm within this state with the board and to show that all attest services rendered in this state are under the charge of a person holding a valid certificate issued under § 62-1-107 or the corresponding provision of prior law or some other state law.
(f) The board shall charge a fee for each application for initial issuance or renewal of a permit under this section in an amount prescribed by the board. The board has the authority to establish late fees for any applications, renewals or reports that are filed late.
(g) An applicant for initial issuance or renewal of permits under this section shall in the application list all states in which the applicant has applied for or hold permits as CPA firms and list any past denial, revocation or suspension of a permit by any other state; and each holder of or applicant for a permit under this section shall notify the board in writing, within thirty (30) days after its occurrence, of any change in the identities of partners, officers, shareholders, members or managers whose principal place of business is in this state, any change in the number or location of offices within this state, any change in the identity of the persons in charge of those offices and any issuance, denial, revocation or suspension of a permit by any other state.
(h) Firms that fall out of compliance with the section due to changes in firm ownership or personnel after receiving or renewing a permit shall take corrective action to bring the firm back into compliance. The board may grant a reasonable period of time for a firm to take corrective action. Failure to bring the firm back into compliance within a reasonable period as defined by the board will result in the suspension or revocation of the firm permit.
(i) All firms holding a valid permit to practice as a CPA firm or PA firm issued by this state prior to October 1, 1998, shall be deemed to have met the requirements of this section.
Acts 1998, ch. 700, § 4; 1999, ch. 65, § 5; 2002, ch. 654, § 8.
Tenn. Code Ann. § 62-39-402 — TN Code / Title 62 / Chapter 39 / Section 62-39-402
Part definitions
Status: in_force

For purposes of this part, unless the context otherwise requires: (1) "Affiliate" has the meaning provided in 12 U.S.C. § 1841 ; (2) "AMC National Registry" means the registry of state-registered AMCs and federally regulated AMCs maintained by the appraisal subcommittee; (3) "Appraisal" means the act or process of developing an opinion of value of identified real estate. That opinion of value may be numerically expressed either as a specific amount, as a range of numbers, or as a relationship to a previous value opinion or other numerical benchmark. "Appraisal" does not include any opinion of value referred to as evaluations under § 62-39-104 ; (4) "Appraisal management company" or "AMC": (A) Means a person that: (i) Provides appraisal management services to creditors or to secondary mortgage market participants, including affiliates; (ii) Provides such services in connection with valuing a consumer's principal dwelling as security for a consumer credit transaction or incorporating such transactions into securitizations; and (iii) Within a given twelve-month period, as defined in 12 C.F.R. 1222.22(d) , oversees an appraiser panel of more than fifteen (15) state-certified or state-licensed appraisers in a state or twenty-five (25) or more state-certified or state-licensed appraisers in two (2) or more states, as described in 12 C.F.R. 1222.22 ; (B) Does not include a department or division of an entity that provides appraisal management services only to that entity; (5) "Appraisal management services" means one (1) or more of the following: (A) Recruiting, selecting, and retaining appraisers; (B) Contracting with state-certified or state-licensed appraisers to perform appraisal assignments; (C) Managing the process of having an appraisal performed, including providing administrative services such as receiving appraisal orders and appraisal reports, submitting completed appraisal reports to creditors and secondary mortgage market participants, collecting fees from creditors and secondary mortgage market participants for services provided, and paying appraisers for services performed; and (D) Reviewing and verifying the work of appraisers; (6) "Appraisal subcommittee" or "ASC" means the Appraisal Subcommittee of the Federal Financial Institutions Examination Council; (7) "Appraiser" means an individual who holds a license under part 1 of this chapter; (8) "Appraiser panel" means a network, list, or roster of appraisers approved by an AMC to perform appraisals as independent contractors for the AMC. Appraisers on an AMC's appraiser panel under this part include both appraisers accepted by the AMC for consideration for future appraisal assignments in covered transactions or for secondary mortgage market participants in connection with covered transactions and appraisers engaged by the AMC to perform one (1) or more appraisals in covered transactions or for secondary mortgage market participants in connection with covered transactions. An appraiser is an independent contractor for purposes of this subdivision (8) if the appraiser is treated as an independent contractor by the AMC for purposes of federal income taxation; (9) "Commission" means the real estate appraiser commission created by § 62-39-201 ; (10) "Consumer credit" means credit offered or extended to a consumer primarily for personal, family, or household purposes; (11) "Controlling person" means: (A) An owner, officer or director of a corporation, partnership, or other business entity seeking to offer appraisal management services in this state; (B) An individual employed, appointed, or authorized by an appraisal management company that has the authority to enter into a contractual relationship with other persons for the performance of appraisal management services and has the authority to enter into agreements with appraisers for the performance of appraisals; or (C) An individual who possesses, directly or indirectly, the power to direct or cause the direction of the management or policies of an appraisal management company; (12) "Covered transaction" means any consumer credit transaction secured by the consumer's principal dwelling; (13) (A) "Creditor" means a person who regularly extends consumer credit that is subject to a finance charge or is payable by written agreement in more than four (4) installments, not including any down payment, and to whom the obligation is initially payable, either on the face of the note or contract, or by agreement when there is no note or contract; (B) A person regularly extends consumer credit if the person either: (i) Extended credit, other than credit subject to the requirements of 12 C.F.R. 1026.32 , more than five (5) times for transactions secured by a dwelling in the preceding calendar year or, if a person did not meet these numerical standards in the preceding calendar year, in the current calendar year; or (ii) In any twelve-month period, originates more than one (1) credit extension that is subject to the requirements of 12 C.F.R. 1026.32 or originates one (1) or more such credit extensions through a mortgage broker; (14) (A) "Dwelling" means a residential structure that contains one to four (1-4) units, whether or not that structure is attached to real property. "Dwelling" includes individual condominium units, cooperative units, mobile homes, and trailers, if used as a residence; (B) A consumer may have only one (1) principal dwelling at a time. A vacation or other second home is not a principal dwelling. However, if a consumer buys or builds a new dwelling that will become the consumer's principal dwelling within one (1) year or upon the completion of construction, the new dwelling is considered the principal dwelling for purposes of this section; (15) "Federally regulated AMC" means an AMC that is owned and controlled by an insured depository institution, as defined in 12 U.S.C. § 1813 , and that is regulated by the office of the comptroller of the currency, the board of governors of the federal reserve system, or the federal deposit insurance corporation; (16) "Person" means a natural person or an entity, including a corporation, limited liability company, partnership, sole proprietorship, association, cooperative, estate, trust, or government unit; (17) "Secondary mortgage market participant" means a guarantor or insurer of mortgage-backed securities, or an underwriter or issuer of mortgage-backed securities, and only includes an individual investor in a mortgage-backed security if that investor also serves in the capacity of guarantor, insurer, underwriter, or issuer for the mortgage-backed security; (18) "States" means the fifty (50) states, the District of Columbia and the territories of Guam, Mariana Islands, Puerto Rico, and the U.S. Virgin Islands; and (19) "Uniform Standards of Professional Appraisal Practice" or "USPAP" means the appraisal standards promulgated by the Appraisal Standards Board of the Appraisal Foundation. Amended by 2017 Tenn. Acts, ch. 226, s 8, eff. 7/1/2017. Acts 2010 , ch. 963, § 3.
For purposes of this part, unless the context otherwise requires:
(1) "Affiliate" has the meaning provided in 12 U.S.C. § 1841 ;
(2) "AMC National Registry" means the registry of state-registered AMCs and federally regulated AMCs maintained by the appraisal subcommittee;
(3) "Appraisal" means the act or process of developing an opinion of value of identified real estate. That opinion of value may be numerically expressed either as a specific amount, as a range of numbers, or as a relationship to a previous value opinion or other numerical benchmark. "Appraisal" does not include any opinion of value referred to as evaluations under § 62-39-104 ;
(4) "Appraisal management company" or "AMC": (A) Means a person that: (i) Provides appraisal management services to creditors or to secondary mortgage market participants, including affiliates; (ii) Provides such services in connection with valuing a consumer's principal dwelling as security for a consumer credit transaction or incorporating such transactions into securitizations; and (iii) Within a given twelve-month period, as defined in 12 C.F.R. 1222.22(d) , oversees an appraiser panel of more than fifteen (15) state-certified or state-licensed appraisers in a state or twenty-five (25) or more state-certified or state-licensed appraisers in two (2) or more states, as described in 12 C.F.R. 1222.22 ; (B) Does not include a department or division of an entity that provides appraisal management services only to that entity;
(A) Means a person that: (i) Provides appraisal management services to creditors or to secondary mortgage market participants, including affiliates; (ii) Provides such services in connection with valuing a consumer's principal dwelling as security for a consumer credit transaction or incorporating such transactions into securitizations; and (iii) Within a given twelve-month period, as defined in 12 C.F.R. 1222.22(d) , oversees an appraiser panel of more than fifteen (15) state-certified or state-licensed appraisers in a state or twenty-five (25) or more state-certified or state-licensed appraisers in two (2) or more states, as described in 12 C.F.R. 1222.22 ;
(i) Provides appraisal management services to creditors or to secondary mortgage market participants, including affiliates;
(ii) Provides such services in connection with valuing a consumer's principal dwelling as security for a consumer credit transaction or incorporating such transactions into securitizations; and
(iii) Within a given twelve-month period, as defined in 12 C.F.R. 1222.22(d) , oversees an appraiser panel of more than fifteen (15) state-certified or state-licensed appraisers in a state or twenty-five (25) or more state-certified or state-licensed appraisers in two (2) or more states, as described in 12 C.F.R. 1222.22 ;
(B) Does not include a department or division of an entity that provides appraisal management services only to that entity;
(5) "Appraisal management services" means one (1) or more of the following: (A) Recruiting, selecting, and retaining appraisers; (B) Contracting with state-certified or state-licensed appraisers to perform appraisal assignments; (C) Managing the process of having an appraisal performed, including providing administrative services such as receiving appraisal orders and appraisal reports, submitting completed appraisal reports to creditors and secondary mortgage market participants, collecting fees from creditors and secondary mortgage market participants for services provided, and paying appraisers for services performed; and (D) Reviewing and verifying the work of appraisers;
(A) Recruiting, selecting, and retaining appraisers;
(B) Contracting with state-certified or state-licensed appraisers to perform appraisal assignments;
(C) Managing the process of having an appraisal performed, including providing administrative services such as receiving appraisal orders and appraisal reports, submitting completed appraisal reports to creditors and secondary mortgage market participants, collecting fees from creditors and secondary mortgage market participants for services provided, and paying appraisers for services performed; and
(D) Reviewing and verifying the work of appraisers;
(6) "Appraisal subcommittee" or "ASC" means the Appraisal Subcommittee of the Federal Financial Institutions Examination Council;
(7) "Appraiser" means an individual who holds a license under part 1 of this chapter;
(8) "Appraiser panel" means a network, list, or roster of appraisers approved by an AMC to perform appraisals as independent contractors for the AMC. Appraisers on an AMC's appraiser panel under this part include both appraisers accepted by the AMC for consideration for future appraisal assignments in covered transactions or for secondary mortgage market participants in connection with covered transactions and appraisers engaged by the AMC to perform one (1) or more appraisals in covered transactions or for secondary mortgage market participants in connection with covered transactions. An appraiser is an independent contractor for purposes of this subdivision (8) if the appraiser is treated as an independent contractor by the AMC for purposes of federal income taxation;
(9) "Commission" means the real estate appraiser commission created by § 62-39-201 ;
(10) "Consumer credit" means credit offered or extended to a consumer primarily for personal, family, or household purposes;
(11) "Controlling person" means: (A) An owner, officer or director of a corporation, partnership, or other business entity seeking to offer appraisal management services in this state; (B) An individual employed, appointed, or authorized by an appraisal management company that has the authority to enter into a contractual relationship with other persons for the performance of appraisal management services and has the authority to enter into agreements with appraisers for the performance of appraisals; or (C) An individual who possesses, directly or indirectly, the power to direct or cause the direction of the management or policies of an appraisal management company;
(A) An owner, officer or director of a corporation, partnership, or other business entity seeking to offer appraisal management services in this state;
(B) An individual employed, appointed, or authorized by an appraisal management company that has the authority to enter into a contractual relationship with other persons for the performance of appraisal management services and has the authority to enter into agreements with appraisers for the performance of appraisals; or
(C) An individual who possesses, directly or indirectly, the power to direct or cause the direction of the management or policies of an appraisal management company;
(12) "Covered transaction" means any consumer credit transaction secured by the consumer's principal dwelling;
(13) (A) "Creditor" means a person who regularly extends consumer credit that is subject to a finance charge or is payable by written agreement in more than four (4) installments, not including any down payment, and to whom the obligation is initially payable, either on the face of the note or contract, or by agreement when there is no note or contract; (B) A person regularly extends consumer credit if the person either: (i) Extended credit, other than credit subject to the requirements of 12 C.F.R. 1026.32 , more than five (5) times for transactions secured by a dwelling in the preceding calendar year or, if a person did not meet these numerical standards in the preceding calendar year, in the current calendar year; or (ii) In any twelve-month period, originates more than one (1) credit extension that is subject to the requirements of 12 C.F.R. 1026.32 or originates one (1) or more such credit extensions through a mortgage broker;
(A) "Creditor" means a person who regularly extends consumer credit that is subject to a finance charge or is payable by written agreement in more than four (4) installments, not including any down payment, and to whom the obligation is initially payable, either on the face of the note or contract, or by agreement when there is no note or contract;
(B) A person regularly extends consumer credit if the person either: (i) Extended credit, other than credit subject to the requirements of 12 C.F.R. 1026.32 , more than five (5) times for transactions secured by a dwelling in the preceding calendar year or, if a person did not meet these numerical standards in the preceding calendar year, in the current calendar year; or (ii) In any twelve-month period, originates more than one (1) credit extension that is subject to the requirements of 12 C.F.R. 1026.32 or originates one (1) or more such credit extensions through a mortgage broker;
(i) Extended credit, other than credit subject to the requirements of 12 C.F.R. 1026.32 , more than five (5) times for transactions secured by a dwelling in the preceding calendar year or, if a person did not meet these numerical standards in the preceding calendar year, in the current calendar year; or
(ii) In any twelve-month period, originates more than one (1) credit extension that is subject to the requirements of 12 C.F.R. 1026.32 or originates one (1) or more such credit extensions through a mortgage broker;
(14) (A) "Dwelling" means a residential structure that contains one to four (1-4) units, whether or not that structure is attached to real property. "Dwelling" includes individual condominium units, cooperative units, mobile homes, and trailers, if used as a residence; (B) A consumer may have only one (1) principal dwelling at a time. A vacation or other second home is not a principal dwelling. However, if a consumer buys or builds a new dwelling that will become the consumer's principal dwelling within one (1) year or upon the completion of construction, the new dwelling is considered the principal dwelling for purposes of this section;
(A) "Dwelling" means a residential structure that contains one to four (1-4) units, whether or not that structure is attached to real property. "Dwelling" includes individual condominium units, cooperative units, mobile homes, and trailers, if used as a residence;
(B) A consumer may have only one (1) principal dwelling at a time. A vacation or other second home is not a principal dwelling. However, if a consumer buys or builds a new dwelling that will become the consumer's principal dwelling within one (1) year or upon the completion of construction, the new dwelling is considered the principal dwelling for purposes of this section;
(15) "Federally regulated AMC" means an AMC that is owned and controlled by an insured depository institution, as defined in 12 U.S.C. § 1813 , and that is regulated by the office of the comptroller of the currency, the board of governors of the federal reserve system, or the federal deposit insurance corporation;
(16) "Person" means a natural person or an entity, including a corporation, limited liability company, partnership, sole proprietorship, association, cooperative, estate, trust, or government unit;
(17) "Secondary mortgage market participant" means a guarantor or insurer of mortgage-backed securities, or an underwriter or issuer of mortgage-backed securities, and only includes an individual investor in a mortgage-backed security if that investor also serves in the capacity of guarantor, insurer, underwriter, or issuer for the mortgage-backed security;
(18) "States" means the fifty (50) states, the District of Columbia and the territories of Guam, Mariana Islands, Puerto Rico, and the U.S. Virgin Islands; and
(19) "Uniform Standards of Professional Appraisal Practice" or "USPAP" means the appraisal standards promulgated by the Appraisal Standards Board of the Appraisal Foundation.
Amended by 2017 Tenn. Acts, ch. 226, s 8, eff. 7/1/2017.
Acts 2010 , ch. 963, § 3.
Tenn. Code Ann. § 62-2-306 — TN Code / Title 62 / Chapter 2 / Section 62-2-306
Effect of certificate - Seal
Status: in_force

(a) The issuance of a certificate of registration by this board shall be evidence that the person named in the certificate is entitled to all the rights and privileges of an architect, engineer or landscape architect while the certificate remains unrevoked or unexpired. (b) Each registered architect, registered engineer and registered landscape architect shall obtain and keep a seal of the design authorized by the board bearing the registrant's name, the registrant's registration number, the words "Registered Architect," "Registered Engineer" or "Registered Landscape Architect" and the words "State of Tennessee" or "Tennessee." The registrant shall stamp with the registrant's seal all original sheets of any bound set of plans and the first sheet of any specifications or reports prepared by the registrant or under the registrant's responsible charge. No architect, engineer or landscape architect shall affix the architect's, engineer's or landscape architect's seal or stamp to any document that has not been prepared by the architect, engineer or landscape architect or under the architect's, engineer's or landscape architect's responsibility. Plans, specifications and reports issued by the registrants shall be stamped with the seal during the life of a registrant's certificate, but it is unlawful for anyone to stamp or seal any document with the seal after the certificate of the registrant named on the seal has expired or has been revoked. (c) As used in this section, "registered architects," "registered engineers" or "registered landscape architects" means only those registered architects, registered engineers or registered landscape architects who are required by this chapter to be registered in this state. (d) The board may also adopt rules and regulations for the affixing to and endorsement of the registrant's seal on architectural, engineering and landscape architectural documents that may be necessary to implement compliance with this section. (e) Notwithstanding subsection (b), an architect or engineer, after fully reviewing and modifying, as required, may affix that architect's or engineer's seal or stamp to a document, or part of a document, that has been prepared by another architect or engineer, if the document has been designated as a state standard prototype, pursuant to § 12-4-116 [see now § 12-4-111 ]. The architect or engineer who is involved in a state standard prototypical re-use project, as provided in § 12-4-116 [see now § 12-4-111 ], shall fully review and modify, as required, the documents and then affix that architect's or engineer's seal or stamp and signature on the documents. The architect or engineer shall become solely responsible for all documents on which that architect's or engineer's seal or stamp is placed. Acts 1979, ch. 263, § 26; 1981, ch. 349, § 1; T.C.A., § 62-226; Acts 1988, ch. 800, § 1; 1988, ch. 990, § 18; 1989, ch. 307, § 4; 1995, ch. 113, § 3.
(a) The issuance of a certificate of registration by this board shall be evidence that the person named in the certificate is entitled to all the rights and privileges of an architect, engineer or landscape architect while the certificate remains unrevoked or unexpired.
(b) Each registered architect, registered engineer and registered landscape architect shall obtain and keep a seal of the design authorized by the board bearing the registrant's name, the registrant's registration number, the words "Registered Architect," "Registered Engineer" or "Registered Landscape Architect" and the words "State of Tennessee" or "Tennessee." The registrant shall stamp with the registrant's seal all original sheets of any bound set of plans and the first sheet of any specifications or reports prepared by the registrant or under the registrant's responsible charge. No architect, engineer or landscape architect shall affix the architect's, engineer's or landscape architect's seal or stamp to any document that has not been prepared by the architect, engineer or landscape architect or under the architect's, engineer's or landscape architect's responsibility. Plans, specifications and reports issued by the registrants shall be stamped with the seal during the life of a registrant's certificate, but it is unlawful for anyone to stamp or seal any document with the seal after the certificate of the registrant named on the seal has expired or has been revoked.
(c) As used in this section, "registered architects," "registered engineers" or "registered landscape architects" means only those registered architects, registered engineers or registered landscape architects who are required by this chapter to be registered in this state.
(d) The board may also adopt rules and regulations for the affixing to and endorsement of the registrant's seal on architectural, engineering and landscape architectural documents that may be necessary to implement compliance with this section.
(e) Notwithstanding subsection (b), an architect or engineer, after fully reviewing and modifying, as required, may affix that architect's or engineer's seal or stamp to a document, or part of a document, that has been prepared by another architect or engineer, if the document has been designated as a state standard prototype, pursuant to § 12-4-116 [see now § 12-4-111 ]. The architect or engineer who is involved in a state standard prototypical re-use project, as provided in § 12-4-116 [see now § 12-4-111 ], shall fully review and modify, as required, the documents and then affix that architect's or engineer's seal or stamp and signature on the documents. The architect or engineer shall become solely responsible for all documents on which that architect's or engineer's seal or stamp is placed.
Acts 1979, ch. 263, § 26; 1981, ch. 349, § 1; T.C.A., § 62-226; Acts 1988, ch. 800, § 1; 1988, ch. 990, § 18; 1989, ch. 307, § 4; 1995, ch. 113, § 3.
Tenn. Code Ann. § 62-28-101 — TN Code / Title 62 / Chapter 28 / Section 62-28-101
Registration and permit requirements
Status: in_force

Any ginseng dealer who purchases ginseng collected in this state shall register with the department of environment and conservation and obtain a ginseng dealer permit from the department. Acts 1983, ch. 445, § 1.
Any ginseng dealer who purchases ginseng collected in this state shall register with the department of environment and conservation and obtain a ginseng dealer permit from the department.
Acts 1983, ch. 445, § 1.
Tenn. Code Ann. § 62-4-217 — TN Code / Title 62 / Chapter 4 / Section 62-4-217
Consistent effect and conflict with other state laws
Status: in_force

(a) Nothing in this compact prevents or inhibits the enforcement of any other law of a member state that is not inconsistent with this compact. (b) Any laws, statutes, regulations, or other legal requirements in a member state in conflict with this compact are superseded to the extent of the conflict. (c) All permissible agreements between the commission and the member states are binding in accordance with their terms. Added by 2024 Tenn. Acts, ch. 1060,s 1, eff. 7/1/2024.
(a) Nothing in this compact prevents or inhibits the enforcement of any other law of a member state that is not inconsistent with this compact.
(b) Any laws, statutes, regulations, or other legal requirements in a member state in conflict with this compact are superseded to the extent of the conflict.
(c) All permissible agreements between the commission and the member states are binding in accordance with their terms.
Added by 2024 Tenn. Acts, ch. 1060,s 1, eff. 7/1/2024.
Tenn. Code Ann. § 62-19-114 — TN Code / Title 62 / Chapter 19 / Section 62-19-114
Judicial revocation of license
Status: in_force

Whenever any person claiming to have been injured or damaged by the gross negligence, incompetency, fraud, dishonesty or misconduct on the part of any licensee following the calling or engaging in the business described in this chapter files suit upon the claim against the licensee in any court of record in this state and recovers judgment on the claim, the court may as part of its judgment or decree in the case, if it deems it a proper case in which so to do, revoke the defendant's license, which shall not be reissued to the licensee except upon unanimous vote of all members of the commission in favor of reissuance and only then after the lapse of a period of ninety (90) days from the date of revocation. Acts 1967, ch. 335, § 15; T.C.A., § 62-1915; Acts 1983, ch. 250, § 12.
Whenever any person claiming to have been injured or damaged by the gross negligence, incompetency, fraud, dishonesty or misconduct on the part of any licensee following the calling or engaging in the business described in this chapter files suit upon the claim against the licensee in any court of record in this state and recovers judgment on the claim, the court may as part of its judgment or decree in the case, if it deems it a proper case in which so to do, revoke the defendant's license, which shall not be reissued to the licensee except upon unanimous vote of all members of the commission in favor of reissuance and only then after the lapse of a period of ninety (90) days from the date of revocation.
Acts 1967, ch. 335, § 15; T.C.A., § 62-1915; Acts 1983, ch. 250, § 12.
Tenn. Code Ann. § 62-4-216 — TN Code / Title 62 / Chapter 4 / Section 62-4-216
Construction and severability
Status: in_force

(a) This compact and the commission's rulemaking authority must be liberally construed so as to effectuate the purposes and the implementation and administration of this compact. Provisions of this compact expressly authorizing or requiring the promulgation of rules must not be construed to limit the commission's rulemaking authority solely for those purposes. (b) The provisions of this compact are severable and, if any phrase, clause, sentence, or provision of this compact is held by a court of competent jurisdiction to be contrary to the constitution of any member state, a state seeking participation in the compact, or of the United States, or the applicability thereof to any government, agency, person, or circumstance is held to be unconstitutional by a court of competent jurisdiction, then the validity of the remainder of this compact and the applicability thereof to any other government, agency, person, or circumstance must not be affected thereby. (c) Notwithstanding subsection (b), the commission may deny a state's participation in this compact or, in accordance with the requirements of § 62-4-214 , terminate a member state's participation in this compact, if it determines that a constitutional requirement of a member state is a material departure from this compact. Otherwise, if this compact is held to be contrary to the constitution of any member state, then the compact must remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters. Added by 2024 Tenn. Acts, ch. 1060,s 1, eff. 7/1/2024.
(a) This compact and the commission's rulemaking authority must be liberally construed so as to effectuate the purposes and the implementation and administration of this compact. Provisions of this compact expressly authorizing or requiring the promulgation of rules must not be construed to limit the commission's rulemaking authority solely for those purposes.
(b) The provisions of this compact are severable and, if any phrase, clause, sentence, or provision of this compact is held by a court of competent jurisdiction to be contrary to the constitution of any member state, a state seeking participation in the compact, or of the United States, or the applicability thereof to any government, agency, person, or circumstance is held to be unconstitutional by a court of competent jurisdiction, then the validity of the remainder of this compact and the applicability thereof to any other government, agency, person, or circumstance must not be affected thereby.
(c) Notwithstanding subsection (b), the commission may deny a state's participation in this compact or, in accordance with the requirements of § 62-4-214 , terminate a member state's participation in this compact, if it determines that a constitutional requirement of a member state is a material departure from this compact. Otherwise, if this compact is held to be contrary to the constitution of any member state, then the compact must remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
Added by 2024 Tenn. Acts, ch. 1060,s 1, eff. 7/1/2024.
Tenn. Code Ann. § 62-21-118 — TN Code / Title 62 / Chapter 21 / Section 62-21-118
Powers and duties of commissioner
Status: in_force

(a) The commissioner has the power and duty to: (1) Administer this chapter; (2) Promulgate rules and regulations that are consistent with the requirements of the United States environmental protection agency implementing and supplementing this chapter and provide for its orderly administration; (3) Issue licenses, collect appropriate fees and issue charters upon application and qualification as provided by this chapter; (4) Determine requirements for and issue certification and recertification for users of restricted use pesticides; (5) Promulgate rules and regulations concerning handling and usage of pesticides; (6) Classify pesticides as to whether of general or restricted use; (7) Hold hearings and deny, revoke, modify or suspend charters, licenses and certification, and/or impose civil penalties of up to one thousand dollars ($1,000) for each violation; (8) The commissioner or the commissioner's designee may enter any place during normal business hours where pesticides are used or stored for the purposes of inspection, sampling or observation; (9) Through rule and regulation require the maintenance or filing of records; (10) Issue subpoenas for persons and records incidental to any hearing; and (11) Inspect periodically the operation and conduct of a charter holder, licensee or certificate holder. (b) The commissioner shall promulgate rules and regulations that may be requested by a two-thirds (2/3) affirmative vote of the legislative body of any municipal or county government within any county having a population of less than two hundred fifty thousand (250,000), according to the 1990 federal census or any subsequent federal census, that have as their purpose the regulation of the use of pesticides in their specific area of jurisdiction. These regulations must be reasonable and not in conflict with state or federal law and regulations, but for good cause shown may be more stringent than those standards. Amended by 2020 Tenn. Acts, ch. 640, s 7, eff. 4/1/2020. Acts 1978, ch. 844, § 18; T.C.A., § 62-2118; Acts 1988, ch. 545, § 10; 1988, ch. 878, § 6; 1992, ch. 667, § 6.
(a) The commissioner has the power and duty to: (1) Administer this chapter; (2) Promulgate rules and regulations that are consistent with the requirements of the United States environmental protection agency implementing and supplementing this chapter and provide for its orderly administration; (3) Issue licenses, collect appropriate fees and issue charters upon application and qualification as provided by this chapter; (4) Determine requirements for and issue certification and recertification for users of restricted use pesticides; (5) Promulgate rules and regulations concerning handling and usage of pesticides; (6) Classify pesticides as to whether of general or restricted use; (7) Hold hearings and deny, revoke, modify or suspend charters, licenses and certification, and/or impose civil penalties of up to one thousand dollars ($1,000) for each violation; (8) The commissioner or the commissioner's designee may enter any place during normal business hours where pesticides are used or stored for the purposes of inspection, sampling or observation; (9) Through rule and regulation require the maintenance or filing of records; (10) Issue subpoenas for persons and records incidental to any hearing; and (11) Inspect periodically the operation and conduct of a charter holder, licensee or certificate holder.
(1) Administer this chapter;
(2) Promulgate rules and regulations that are consistent with the requirements of the United States environmental protection agency implementing and supplementing this chapter and provide for its orderly administration;
(3) Issue licenses, collect appropriate fees and issue charters upon application and qualification as provided by this chapter;
(4) Determine requirements for and issue certification and recertification for users of restricted use pesticides;
(5) Promulgate rules and regulations concerning handling and usage of pesticides;
(6) Classify pesticides as to whether of general or restricted use;
(7) Hold hearings and deny, revoke, modify or suspend charters, licenses and certification, and/or impose civil penalties of up to one thousand dollars ($1,000) for each violation;
(8) The commissioner or the commissioner's designee may enter any place during normal business hours where pesticides are used or stored for the purposes of inspection, sampling or observation;
(9) Through rule and regulation require the maintenance or filing of records;
(10) Issue subpoenas for persons and records incidental to any hearing; and
(11) Inspect periodically the operation and conduct of a charter holder, licensee or certificate holder.
(b) The commissioner shall promulgate rules and regulations that may be requested by a two-thirds (2/3) affirmative vote of the legislative body of any municipal or county government within any county having a population of less than two hundred fifty thousand (250,000), according to the 1990 federal census or any subsequent federal census, that have as their purpose the regulation of the use of pesticides in their specific area of jurisdiction. These regulations must be reasonable and not in conflict with state or federal law and regulations, but for good cause shown may be more stringent than those standards.
Amended by 2020 Tenn. Acts, ch. 640, s 7, eff. 4/1/2020.
Acts 1978, ch. 844, § 18; T.C.A., § 62-2118; Acts 1988, ch. 545, § 10; 1988, ch. 878, § 6; 1992, ch. 667, § 6.
Tenn. Code Ann. § 62-5-305 — TN Code / Title 62 / Chapter 5 / Section 62-5-305
Application for funeral director's license - Apprenticeship
Status: in_force

(a) Every person not previously licensed in this state as a funeral director, desiring to engage in the practice or business of funeral directing, shall make application to the board, along with a nonrefundable fee as set by the board. (b) The application shall contain the name of the applicant, showing that the applicant: (1) Has attained eighteen (18) years of age; (2) Is a citizen of the United States or an individual enumerated in 8 U.S.C. § 1622(b) ; (3) Is of good moral character; (4) Is properly protected against communicable diseases, either through immunization or education; (5) Has graduated from a high school or has earned a high school equivalency credential approved by the state board of education; (6) Has successfully completed a program of study in funeral service education consisting of no less than thirty (30) semester hours, forty-five (45) quarter hours or the equivalent from a school accredited by the American Board of Funeral Service Education and evidenced by an official transcript; and (7) Has completed two (2) years of apprenticeship in the presence of and under the direction and supervision of a licensed funeral director. An associate's degree from a college accredited by the American Board of Funeral Service Education may be substituted for one (1) year of apprenticeship. Amended by 2023 Tenn. Acts, ch. 114,s 42, eff. 7/1/2023. Amended by 2020 Tenn. Acts, ch. 625, s 2, eff. 3/25/2020. Amended by 2016 Tenn. Acts, ch. 838, s 9, eff. 7/1/2016. Acts 1951, ch. 13, § 8 (Williams, § 7140.8); Acts 1971, ch. 161, § 2; 1973, ch. 35, § 1; 1980, ch. 554, § 6; T.C.A. (orig. ed.), § 62-512; Acts 1985, ch. 354, § 7; 1989, ch. 523, § 150; 2001, ch. 188, §§ 5 - 8; 2007 , ch. 297, § 2.
(a) Every person not previously licensed in this state as a funeral director, desiring to engage in the practice or business of funeral directing, shall make application to the board, along with a nonrefundable fee as set by the board.
(b) The application shall contain the name of the applicant, showing that the applicant: (1) Has attained eighteen (18) years of age; (2) Is a citizen of the United States or an individual enumerated in 8 U.S.C. § 1622(b) ; (3) Is of good moral character; (4) Is properly protected against communicable diseases, either through immunization or education; (5) Has graduated from a high school or has earned a high school equivalency credential approved by the state board of education; (6) Has successfully completed a program of study in funeral service education consisting of no less than thirty (30) semester hours, forty-five (45) quarter hours or the equivalent from a school accredited by the American Board of Funeral Service Education and evidenced by an official transcript; and (7) Has completed two (2) years of apprenticeship in the presence of and under the direction and supervision of a licensed funeral director. An associate's degree from a college accredited by the American Board of Funeral Service Education may be substituted for one (1) year of apprenticeship.
(1) Has attained eighteen (18) years of age;
(2) Is a citizen of the United States or an individual enumerated in 8 U.S.C. § 1622(b) ;
(3) Is of good moral character;
(4) Is properly protected against communicable diseases, either through immunization or education;
(5) Has graduated from a high school or has earned a high school equivalency credential approved by the state board of education;
(6) Has successfully completed a program of study in funeral service education consisting of no less than thirty (30) semester hours, forty-five (45) quarter hours or the equivalent from a school accredited by the American Board of Funeral Service Education and evidenced by an official transcript; and
(7) Has completed two (2) years of apprenticeship in the presence of and under the direction and supervision of a licensed funeral director. An associate's degree from a college accredited by the American Board of Funeral Service Education may be substituted for one (1) year of apprenticeship.
Amended by 2023 Tenn. Acts, ch. 114,s 42, eff. 7/1/2023.
Amended by 2020 Tenn. Acts, ch. 625, s 2, eff. 3/25/2020.
Amended by 2016 Tenn. Acts, ch. 838, s 9, eff. 7/1/2016.
Acts 1951, ch. 13, § 8 (Williams, § 7140.8); Acts 1971, ch. 161, § 2; 1973, ch. 35, § 1; 1980, ch. 554, § 6; T.C.A. (orig. ed.), § 62-512; Acts 1985, ch. 354, § 7; 1989, ch. 523, § 150; 2001, ch. 188, §§ 5 - 8; 2007 , ch. 297, § 2.
Tenn. Code Ann. § 62-39-104 — TN Code / Title 62 / Chapter 39 / Section 62-39-104
Applicability
Status: in_force

(a) This chapter does not apply to a real estate broker or salesperson licensed by this state who, in the ordinary course of business, gives an opinion to a potential seller or third party as to the recommended listing price of real estate or an opinion to a potential purchaser or third party as to the recommended purchase price of real estate. This opinion as to the listing price or the purchase price shall not be referred to as an appraisal and no opinion shall be rendered as to the value of the real estate or real property. (b) This chapter does not apply to a full-time employee who, in the ordinary course of business, gives an opinion of the value of real estate to the employee's employer; provided, that the opinion may not be represented as an appraisal. (c) This chapter shall in no way affect any person who is registered with the state board of equalization in accordance with § 67-5-1514 while performing any service of any nature for any taxpayer before any tax or assessment authority, agency or board of equalization. (d) (1) This chapter does not apply to any evaluation of the value of real estate serving as collateral for a loan made by a federally regulated financial institution or to any evaluation of the value of the assets of a trust held by the institution; provided, that: (A) The applicable federal regulator does not require an appraisal by a state-licensed or state-certified appraiser for the loan or trust; (B) The evaluation is used solely by the financial institutions in their records to document the collateral or asset value; (C) The evaluation shall be labeled on its face "this is not an appraisal"; and (D) Individuals performing these evaluations may be compensated for their services. (2) Nothing in this chapter shall prevent a state-licensed or state-certified appraiser from performing the evaluation. Acts 1990, ch. 865, § 5; 1991, ch. 366, § 6; 1992, ch. 697, § 5; 1994, ch. 605, § 9.
(a) This chapter does not apply to a real estate broker or salesperson licensed by this state who, in the ordinary course of business, gives an opinion to a potential seller or third party as to the recommended listing price of real estate or an opinion to a potential purchaser or third party as to the recommended purchase price of real estate. This opinion as to the listing price or the purchase price shall not be referred to as an appraisal and no opinion shall be rendered as to the value of the real estate or real property.
(b) This chapter does not apply to a full-time employee who, in the ordinary course of business, gives an opinion of the value of real estate to the employee's employer; provided, that the opinion may not be represented as an appraisal.
(c) This chapter shall in no way affect any person who is registered with the state board of equalization in accordance with § 67-5-1514 while performing any service of any nature for any taxpayer before any tax or assessment authority, agency or board of equalization.
(d) (1) This chapter does not apply to any evaluation of the value of real estate serving as collateral for a loan made by a federally regulated financial institution or to any evaluation of the value of the assets of a trust held by the institution; provided, that: (A) The applicable federal regulator does not require an appraisal by a state-licensed or state-certified appraiser for the loan or trust; (B) The evaluation is used solely by the financial institutions in their records to document the collateral or asset value; (C) The evaluation shall be labeled on its face "this is not an appraisal"; and (D) Individuals performing these evaluations may be compensated for their services. (2) Nothing in this chapter shall prevent a state-licensed or state-certified appraiser from performing the evaluation.
(1) This chapter does not apply to any evaluation of the value of real estate serving as collateral for a loan made by a federally regulated financial institution or to any evaluation of the value of the assets of a trust held by the institution; provided, that: (A) The applicable federal regulator does not require an appraisal by a state-licensed or state-certified appraiser for the loan or trust; (B) The evaluation is used solely by the financial institutions in their records to document the collateral or asset value; (C) The evaluation shall be labeled on its face "this is not an appraisal"; and (D) Individuals performing these evaluations may be compensated for their services.
(A) The applicable federal regulator does not require an appraisal by a state-licensed or state-certified appraiser for the loan or trust;
(B) The evaluation is used solely by the financial institutions in their records to document the collateral or asset value;
(C) The evaluation shall be labeled on its face "this is not an appraisal"; and
(D) Individuals performing these evaluations may be compensated for their services.
(2) Nothing in this chapter shall prevent a state-licensed or state-certified appraiser from performing the evaluation.
Acts 1990, ch. 865, § 5; 1991, ch. 366, § 6; 1992, ch. 697, § 5; 1994, ch. 605, § 9.
Tenn. Code Ann. § 62-39-326 — TN Code / Title 62 / Chapter 39 / Section 62-39-326
Violations - Revocation or suspension
Status: in_force

The rights of any applicant or holder under a certificate as a state licensed or certified real estate appraiser may be revoked, suspended or restricted, or the owner of the certificate may be assessed a civil penalty of up to one thousand dollars ($1,000) per violation, or otherwise disciplined in accordance with this chapter, upon any of the following grounds: (1) Procuring or attempting to procure a license or certificate pursuant to this chapter by knowingly making a false statement, submitting false information, refusing to provide complete information in response to a question in an application for a license or certificate or through any form of fraud or misrepresentation; (2) Paying money other than provided for by this chapter to any member or employee of the commission to procure a license or certificate under this chapter; (3) Conviction, including conviction based upon a plea of guilty or nolo contendere, of a crime that is substantially related to the qualifications, functions, and duties of a person developing appraisals and communicating appraisals to others or conviction of any felony. However, an action taken under this subdivision (3) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title; (4) An action or omission involving dishonesty, fraud or misrepresentation; or (5) A violation of any of the standards for appraisals and appraisal practice as set forth in this chapter and the rules and regulations promulgated by the commission. Amended by 2018 Tenn. Acts, ch. 745, s 20, eff. 7/1/2018. Acts 1990, ch. 865, § 35; 1991, ch. 366, § 36; 1995, ch. 222, § 4.
The rights of any applicant or holder under a certificate as a state licensed or certified real estate appraiser may be revoked, suspended or restricted, or the owner of the certificate may be assessed a civil penalty of up to one thousand dollars ($1,000) per violation, or otherwise disciplined in accordance with this chapter, upon any of the following grounds:
(1) Procuring or attempting to procure a license or certificate pursuant to this chapter by knowingly making a false statement, submitting false information, refusing to provide complete information in response to a question in an application for a license or certificate or through any form of fraud or misrepresentation;
(2) Paying money other than provided for by this chapter to any member or employee of the commission to procure a license or certificate under this chapter;
(3) Conviction, including conviction based upon a plea of guilty or nolo contendere, of a crime that is substantially related to the qualifications, functions, and duties of a person developing appraisals and communicating appraisals to others or conviction of any felony. However, an action taken under this subdivision (3) shall be subject to the applicable provisions of the Fresh Start Act that are compiled in chapter 76, part 1 of this title;
(4) An action or omission involving dishonesty, fraud or misrepresentation; or
(5) A violation of any of the standards for appraisals and appraisal practice as set forth in this chapter and the rules and regulations promulgated by the commission.
Amended by 2018 Tenn. Acts, ch. 745, s 20, eff. 7/1/2018.
Acts 1990, ch. 865, § 35; 1991, ch. 366, § 36; 1995, ch. 222, § 4.
Tenn. Code Ann. § 62-13-324 — TN Code / Title 62 / Chapter 13 / Section 62-13-324
Real estate continuing education instructors - Course requirements
Status: in_force

(a) In order to be eligible for approval by the commission, a course in real estate designed to meet the educational requirements established in § 62-13-303 shall be under the personal and direct supervision of an instructor who: (1) Has completed a Tennessee real estate commission approved course in instructor training; (2) Holds a diploma or certificate evidencing a high school education or the equivalent of a high school education; (3) Has no complaints filed against such person in the office of the commission that have not been satisfactorily resolved; (4) If the course concerns the principles of real estate, mathematics or sales techniques, is a licensed broker, or, with the approval of the commission, an affiliate broker, with at least five (5) years of experience in the subject of the course; (5) If the course concerns the law of real estate, has graduated from a law school accredited by the American Bar Association or approved by the state board of law examiners; (6) If the course concerns any other field in which a degree or other recognized designation is commonly awarded, has earned that degree or designation or has at least five (5) years of satisfactory experience in the field; and (7) If the course is offered for credit at a college or university, has either a master's degree and three (3) years of satisfactory experience in the area of instruction or a terminal degree in the area of instruction. (b) The commission may charge a fee of up to twenty-five dollars ($25.00) for each instructor in an education cycle in order to review the instructor's qualifications. (c) Before teaching the core course required every two (2) years by the real estate commission, an instructor shall demonstrate competency in the subject by taking an approved instructor course of at least four (4) hours on the subject matter being presented in the core course. (d) Before teaching a course on the law of agency, an instructor shall successfully complete an approved instructor course on agency. (e) The real estate commission shall approve any continuing education course that consists of a minimum of one (1) classroom hour in length; provided, that the course meets all of the requirements of the commission that are not related to course length. Any rule, policy, or requirement of the real estate commission that is in conflict with this subsection (e) is superseded. Amended by 2015 Tenn. Acts, ch. 61, s 1, eff. 7/1/2015. Acts 2009 , ch. 287, § 1.
(a) In order to be eligible for approval by the commission, a course in real estate designed to meet the educational requirements established in § 62-13-303 shall be under the personal and direct supervision of an instructor who: (1) Has completed a Tennessee real estate commission approved course in instructor training; (2) Holds a diploma or certificate evidencing a high school education or the equivalent of a high school education; (3) Has no complaints filed against such person in the office of the commission that have not been satisfactorily resolved; (4) If the course concerns the principles of real estate, mathematics or sales techniques, is a licensed broker, or, with the approval of the commission, an affiliate broker, with at least five (5) years of experience in the subject of the course; (5) If the course concerns the law of real estate, has graduated from a law school accredited by the American Bar Association or approved by the state board of law examiners; (6) If the course concerns any other field in which a degree or other recognized designation is commonly awarded, has earned that degree or designation or has at least five (5) years of satisfactory experience in the field; and (7) If the course is offered for credit at a college or university, has either a master's degree and three (3) years of satisfactory experience in the area of instruction or a terminal degree in the area of instruction.
(1) Has completed a Tennessee real estate commission approved course in instructor training;
(2) Holds a diploma or certificate evidencing a high school education or the equivalent of a high school education;
(3) Has no complaints filed against such person in the office of the commission that have not been satisfactorily resolved;
(4) If the course concerns the principles of real estate, mathematics or sales techniques, is a licensed broker, or, with the approval of the commission, an affiliate broker, with at least five (5) years of experience in the subject of the course;
(5) If the course concerns the law of real estate, has graduated from a law school accredited by the American Bar Association or approved by the state board of law examiners;
(6) If the course concerns any other field in which a degree or other recognized designation is commonly awarded, has earned that degree or designation or has at least five (5) years of satisfactory experience in the field; and
(7) If the course is offered for credit at a college or university, has either a master's degree and three (3) years of satisfactory experience in the area of instruction or a terminal degree in the area of instruction.
(b) The commission may charge a fee of up to twenty-five dollars ($25.00) for each instructor in an education cycle in order to review the instructor's qualifications.
(c) Before teaching the core course required every two (2) years by the real estate commission, an instructor shall demonstrate competency in the subject by taking an approved instructor course of at least four (4) hours on the subject matter being presented in the core course.
(d) Before teaching a course on the law of agency, an instructor shall successfully complete an approved instructor course on agency.
(e) The real estate commission shall approve any continuing education course that consists of a minimum of one (1) classroom hour in length; provided, that the course meets all of the requirements of the commission that are not related to course length. Any rule, policy, or requirement of the real estate commission that is in conflict with this subsection (e) is superseded.
Amended by 2015 Tenn. Acts, ch. 61, s 1, eff. 7/1/2015.
Acts 2009 , ch. 287, § 1.
Tenn. Code Ann. § 62-35-101 — TN Code / Title 62 / Chapter 35 / Section 62-35-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Private Protective Services Licensing and Regulatory Act." Amended by 2020 Tenn. Acts, ch. 580,s 10, eff. 7/1/2020. Acts 1987, ch. 436, § 1.
This chapter shall be known and may be cited as the "Private Protective Services Licensing and Regulatory Act."
Amended by 2020 Tenn. Acts, ch. 580,s 10, eff. 7/1/2020.
Acts 1987, ch. 436, § 1.
Tenn. Code Ann. § 62-32-214 — TN Code / Title 62 / Chapter 32 / Section 62-32-214
Surety bond - Alternatives to bond
Status: in_force

(a) A surety bond shall be executed by the applicant and a surety company authorized to do business in this state, made payable to the state of Tennessee in the amount of ten thousand dollars ($10,000). The bond shall be for the use and benefit of any person who may be injured or aggrieved by a wrongful act or omission of any employee, servant, officer or agent in the conduct of business of the fire extinguisher system firm. Any person so injured or aggrieved may sue directly on the bond without assignment of the bond. (b) The bond shall be in effect at all times and places in which the fire extinguisher system firm engages in business in this state. If the bond ceases to be in effect, the certificate of registration of the firm shall become invalid. (c) The aggregate liability of the surety shall not exceed the amount of the bond. (d) The bonding requirement of this section does not apply to any person who is licensed to engage in fire protection sprinkler system work by the board for licensing contractors under chapter 6 of this title. (e) In lieu of the surety bond required by this section, the applicant may deposit with the division: (1) A federally insured certificate of deposit issued by any financial institution in this state in an amount no less than ten thousand dollars ($10,000); (2) An irrevocable letter of credit issued by any federally insured bank or savings and loan association in an amount no less than ten thousand dollars ($10,000); or (3) A written proof of liability insurance coverage provided by a single-limit policy with a limit of no less than one hundred thousand dollars ($100,000) for bodily injury and for damage to property in any one (1) accident. The policy shall be for the use and benefit of any person who may be injured or aggrieved by a wrongful act or omission of any employee, servant, officer or agent in the conduct of business of the fire extinguisher system firm. Acts 1986, ch. 721, § 15; Acts 1987, ch. 371, §§ 1, 2.
(a) A surety bond shall be executed by the applicant and a surety company authorized to do business in this state, made payable to the state of Tennessee in the amount of ten thousand dollars ($10,000). The bond shall be for the use and benefit of any person who may be injured or aggrieved by a wrongful act or omission of any employee, servant, officer or agent in the conduct of business of the fire extinguisher system firm. Any person so injured or aggrieved may sue directly on the bond without assignment of the bond.
(b) The bond shall be in effect at all times and places in which the fire extinguisher system firm engages in business in this state. If the bond ceases to be in effect, the certificate of registration of the firm shall become invalid.
(c) The aggregate liability of the surety shall not exceed the amount of the bond.
(d) The bonding requirement of this section does not apply to any person who is licensed to engage in fire protection sprinkler system work by the board for licensing contractors under chapter 6 of this title.
(e) In lieu of the surety bond required by this section, the applicant may deposit with the division: (1) A federally insured certificate of deposit issued by any financial institution in this state in an amount no less than ten thousand dollars ($10,000); (2) An irrevocable letter of credit issued by any federally insured bank or savings and loan association in an amount no less than ten thousand dollars ($10,000); or (3) A written proof of liability insurance coverage provided by a single-limit policy with a limit of no less than one hundred thousand dollars ($100,000) for bodily injury and for damage to property in any one (1) accident. The policy shall be for the use and benefit of any person who may be injured or aggrieved by a wrongful act or omission of any employee, servant, officer or agent in the conduct of business of the fire extinguisher system firm.
(1) A federally insured certificate of deposit issued by any financial institution in this state in an amount no less than ten thousand dollars ($10,000);
(2) An irrevocable letter of credit issued by any federally insured bank or savings and loan association in an amount no less than ten thousand dollars ($10,000); or
(3) A written proof of liability insurance coverage provided by a single-limit policy with a limit of no less than one hundred thousand dollars ($100,000) for bodily injury and for damage to property in any one (1) accident. The policy shall be for the use and benefit of any person who may be injured or aggrieved by a wrongful act or omission of any employee, servant, officer or agent in the conduct of business of the fire extinguisher system firm.
Acts 1986, ch. 721, § 15; Acts 1987, ch. 371, §§ 1, 2.
Tenn. Code Ann. § 62-6-515 — TN Code / Title 62 / Chapter 6 / Section 62-6-515
Administrative procedures
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 pursuant to this part. Acts 2007, ch. 460, § 2.
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 pursuant to this part.
Acts 2007, ch. 460, § 2.
Tenn. Code Ann. § 62-43-109 — TN Code / Title 62 / Chapter 43 / Section 62-43-109
Professional employer organization deemed employer
Status: in_force

(a) A professional employer organization shall be deemed an employer of its covered employees and shall pay state unemployment premiums as required by the Tennessee Employment Security Law, compiled in title 50, chapter 7 and as amended. (b) A professional employer organization shall keep separate records and submit separate state unemployment insurance wage and premium reports with payments pursuant to title 50, chapter 7, part 4 and as amended, to report the covered employees of each client by using the client's state employer account number as provided for in subsection (c) and using the premium rate based on the aggregate reserve ratio of the professional employer organization as provided in subsection (d). (c) (1) For each professional employer organization having one (1) or more covered employees with a client in this state, such professional employer organization shall file an application with the chief administrative officer of the division of employment security of the department of labor and workforce development for an account number for each client having one (1) or more covered employees in this state; provided, the application shall include: (A) The aggregate state number assigned to the professional employer organization, along with the name, address and phone number of the professional employer organization; (B) The name, physical address and phone number of the client; (C) The name of the client's owner, partners, corporate officers, limited liability company members and managers, if board managed, or general partners; (D) The federal identification number of the client; (E) The signature of the client's principal or attorney in fact; (F) A brief description of the client's major business activity, listing any products produced or sold, or service provided; and (G) Any other information which may be required by the department of labor and workforce development. (2) The professional employer organization shall notify the department of labor and workforce development in writing of any additions or deletions of clients during the quarter in which such changes occur. (3) All information furnished to the department of labor and workforce development under this subsection (c) shall be treated as confidential information as provided in § 50-7-701 and as amended. (d) A professional employer organization shall determine the aggregate reserve ratio of a professional employer organization by using one (1) of the following two (2) methods: (1) (A) Total all the state unemployment premiums paid on both the state taxable wages of a professional employer organization and on the state taxable wages of all the clients of such professional employer organization for all years during which the professional employer organization has been subject to title 50, chapter 7 and all the years each individual client has been a client of the professional employer organization as of the computation date, as provided in § 50-7-403(k)(1) and as amended; (B) Subtract therefrom the total of all benefits charged to the aggregate reserve account of the professional employer organization for all years, including the benefits charged resulting from benefits paid to covered employees of each individual client for all the years each client has been a client of the professional employer organization as of the computation date; (C) Divide the difference determined in subdivision (d)(1)(A)(ii) by the average taxable payroll for the three (3) most recently completed calendar years, ending on the computation date, of the professional employer organization, plus the average taxable payroll of each client for that portion of the three-year period during which such client was a client of the professional employer organization; (D) The resulting quotient shall be the aggregate reserve ratio of the professional employer organization beginning the July 1 following the computation date; and (E) The employer premium rate for the professional employer organization shall be determined by matching its aggregate reserve ratio to the appropriate premium rate table pursuant to title 50, chapter 7 and as amended; or (2) In cases where the aggregate reserve account of a professional employer organization has not been chargeable with benefits for thirty-six (36) consecutive months ending on the computation date, the professional employer organization shall be assigned the new employer premium rate based upon the reserve ratio of the professional employer organization's industrial classification as determined pursuant to § 50-7-403(b)(1)(B) and as amended. (e) A professional employer organization shall not be considered a successor employer, within the meaning of title 50, chapter 7 and as amended, to any client and shall not acquire the experience history of any client with whom there is not any common ownership, management or control. The client, upon terminating its relationship with the professional employer organization, shall not be considered a successor employer, within the meaning of title 50, chapter 7 and as amended, to the professional employer organization and shall not acquire any portion of the experience history of the aggregate reserve account of the professional employer organization with whom there is not any common ownership, management or control. For purposes of this subsection (e), the existence of professional employer agreement, without other evidence of common control, shall not constitute common ownership, management or control. (f) (1) A client shall be jointly and severally liable with a professional employer organization for state unemployment premiums for each of the client's covered employees; provided, however, that a client shall be relieved of joint and several liability for state unemployment premiums if the professional employer organization has posted a corporate surety bond, as described in this subsection (f), with the administrator of the division of employment security of the Tennessee department of labor and workforce development in the amount of one hundred thousand dollars ($100,000) for so long as the bond remains in force. (2) The corporate surety bond shall be in form and content approved by the department of labor and workforce development as evidenced by the department's written consent thereto, and shall be issued by an organization currently licensed and authorized to issue the bond in this state. (3) The bond shall be conditioned for the benefit of the department of labor and workforce development, who may enforce the bond to collect unpaid unemployment insurance premiums, interest and penalties owed by the professional employer organization pursuant to title 50, chapter 7, part 4 and as amended. (4) Any surety is required to provide the administrator of the division of employment security of the department of labor and workforce development sixty (60) days' notice of cancellation of the bond. (5) If after three (3) full calendar years, throughout which a professional employer organization has paid all unemployment insurance premiums due in a timely manner and has a positive unemployment insurance reserve account, the bond may be reduced to an amount no less than thirty-five thousand dollars ($35,000) as determined and approved by the administrator conditioned upon the total taxable payroll for the previous calendar year and other factors deemed relevant by the administrator. (6) Any reduced bond shall be subject to review on no less than an annual basis by the administrator, who may adjust the required amount of the bond as is deemed appropriate. Acts 2012, ch. 1081, § 1.
(a) A professional employer organization shall be deemed an employer of its covered employees and shall pay state unemployment premiums as required by the Tennessee Employment Security Law, compiled in title 50, chapter 7 and as amended.
(b) A professional employer organization shall keep separate records and submit separate state unemployment insurance wage and premium reports with payments pursuant to title 50, chapter 7, part 4 and as amended, to report the covered employees of each client by using the client's state employer account number as provided for in subsection (c) and using the premium rate based on the aggregate reserve ratio of the professional employer organization as provided in subsection (d).
(c) (1) For each professional employer organization having one (1) or more covered employees with a client in this state, such professional employer organization shall file an application with the chief administrative officer of the division of employment security of the department of labor and workforce development for an account number for each client having one (1) or more covered employees in this state; provided, the application shall include: (A) The aggregate state number assigned to the professional employer organization, along with the name, address and phone number of the professional employer organization; (B) The name, physical address and phone number of the client; (C) The name of the client's owner, partners, corporate officers, limited liability company members and managers, if board managed, or general partners; (D) The federal identification number of the client; (E) The signature of the client's principal or attorney in fact; (F) A brief description of the client's major business activity, listing any products produced or sold, or service provided; and (G) Any other information which may be required by the department of labor and workforce development. (2) The professional employer organization shall notify the department of labor and workforce development in writing of any additions or deletions of clients during the quarter in which such changes occur. (3) All information furnished to the department of labor and workforce development under this subsection (c) shall be treated as confidential information as provided in § 50-7-701 and as amended.
(1) For each professional employer organization having one (1) or more covered employees with a client in this state, such professional employer organization shall file an application with the chief administrative officer of the division of employment security of the department of labor and workforce development for an account number for each client having one (1) or more covered employees in this state; provided, the application shall include: (A) The aggregate state number assigned to the professional employer organization, along with the name, address and phone number of the professional employer organization; (B) The name, physical address and phone number of the client; (C) The name of the client's owner, partners, corporate officers, limited liability company members and managers, if board managed, or general partners; (D) The federal identification number of the client; (E) The signature of the client's principal or attorney in fact; (F) A brief description of the client's major business activity, listing any products produced or sold, or service provided; and (G) Any other information which may be required by the department of labor and workforce development.
(A) The aggregate state number assigned to the professional employer organization, along with the name, address and phone number of the professional employer organization;
(B) The name, physical address and phone number of the client;
(C) The name of the client's owner, partners, corporate officers, limited liability company members and managers, if board managed, or general partners;
(D) The federal identification number of the client;
(E) The signature of the client's principal or attorney in fact;
(F) A brief description of the client's major business activity, listing any products produced or sold, or service provided; and
(G) Any other information which may be required by the department of labor and workforce development.
(2) The professional employer organization shall notify the department of labor and workforce development in writing of any additions or deletions of clients during the quarter in which such changes occur.
(3) All information furnished to the department of labor and workforce development under this subsection (c) shall be treated as confidential information as provided in § 50-7-701 and as amended.
(d) A professional employer organization shall determine the aggregate reserve ratio of a professional employer organization by using one (1) of the following two (2) methods: (1) (A) Total all the state unemployment premiums paid on both the state taxable wages of a professional employer organization and on the state taxable wages of all the clients of such professional employer organization for all years during which the professional employer organization has been subject to title 50, chapter 7 and all the years each individual client has been a client of the professional employer organization as of the computation date, as provided in § 50-7-403(k)(1) and as amended; (B) Subtract therefrom the total of all benefits charged to the aggregate reserve account of the professional employer organization for all years, including the benefits charged resulting from benefits paid to covered employees of each individual client for all the years each client has been a client of the professional employer organization as of the computation date; (C) Divide the difference determined in subdivision (d)(1)(A)(ii) by the average taxable payroll for the three (3) most recently completed calendar years, ending on the computation date, of the professional employer organization, plus the average taxable payroll of each client for that portion of the three-year period during which such client was a client of the professional employer organization; (D) The resulting quotient shall be the aggregate reserve ratio of the professional employer organization beginning the July 1 following the computation date; and (E) The employer premium rate for the professional employer organization shall be determined by matching its aggregate reserve ratio to the appropriate premium rate table pursuant to title 50, chapter 7 and as amended; or (2) In cases where the aggregate reserve account of a professional employer organization has not been chargeable with benefits for thirty-six (36) consecutive months ending on the computation date, the professional employer organization shall be assigned the new employer premium rate based upon the reserve ratio of the professional employer organization's industrial classification as determined pursuant to § 50-7-403(b)(1)(B) and as amended.
(1) (A) Total all the state unemployment premiums paid on both the state taxable wages of a professional employer organization and on the state taxable wages of all the clients of such professional employer organization for all years during which the professional employer organization has been subject to title 50, chapter 7 and all the years each individual client has been a client of the professional employer organization as of the computation date, as provided in § 50-7-403(k)(1) and as amended; (B) Subtract therefrom the total of all benefits charged to the aggregate reserve account of the professional employer organization for all years, including the benefits charged resulting from benefits paid to covered employees of each individual client for all the years each client has been a client of the professional employer organization as of the computation date; (C) Divide the difference determined in subdivision (d)(1)(A)(ii) by the average taxable payroll for the three (3) most recently completed calendar years, ending on the computation date, of the professional employer organization, plus the average taxable payroll of each client for that portion of the three-year period during which such client was a client of the professional employer organization; (D) The resulting quotient shall be the aggregate reserve ratio of the professional employer organization beginning the July 1 following the computation date; and (E) The employer premium rate for the professional employer organization shall be determined by matching its aggregate reserve ratio to the appropriate premium rate table pursuant to title 50, chapter 7 and as amended; or
(A) Total all the state unemployment premiums paid on both the state taxable wages of a professional employer organization and on the state taxable wages of all the clients of such professional employer organization for all years during which the professional employer organization has been subject to title 50, chapter 7 and all the years each individual client has been a client of the professional employer organization as of the computation date, as provided in § 50-7-403(k)(1) and as amended;
(B) Subtract therefrom the total of all benefits charged to the aggregate reserve account of the professional employer organization for all years, including the benefits charged resulting from benefits paid to covered employees of each individual client for all the years each client has been a client of the professional employer organization as of the computation date;
(C) Divide the difference determined in subdivision (d)(1)(A)(ii) by the average taxable payroll for the three (3) most recently completed calendar years, ending on the computation date, of the professional employer organization, plus the average taxable payroll of each client for that portion of the three-year period during which such client was a client of the professional employer organization;
(D) The resulting quotient shall be the aggregate reserve ratio of the professional employer organization beginning the July 1 following the computation date; and
(E) The employer premium rate for the professional employer organization shall be determined by matching its aggregate reserve ratio to the appropriate premium rate table pursuant to title 50, chapter 7 and as amended; or
(2) In cases where the aggregate reserve account of a professional employer organization has not been chargeable with benefits for thirty-six (36) consecutive months ending on the computation date, the professional employer organization shall be assigned the new employer premium rate based upon the reserve ratio of the professional employer organization's industrial classification as determined pursuant to § 50-7-403(b)(1)(B) and as amended.
(e) A professional employer organization shall not be considered a successor employer, within the meaning of title 50, chapter 7 and as amended, to any client and shall not acquire the experience history of any client with whom there is not any common ownership, management or control. The client, upon terminating its relationship with the professional employer organization, shall not be considered a successor employer, within the meaning of title 50, chapter 7 and as amended, to the professional employer organization and shall not acquire any portion of the experience history of the aggregate reserve account of the professional employer organization with whom there is not any common ownership, management or control. For purposes of this subsection (e), the existence of professional employer agreement, without other evidence of common control, shall not constitute common ownership, management or control.
(f) (1) A client shall be jointly and severally liable with a professional employer organization for state unemployment premiums for each of the client's covered employees; provided, however, that a client shall be relieved of joint and several liability for state unemployment premiums if the professional employer organization has posted a corporate surety bond, as described in this subsection (f), with the administrator of the division of employment security of the Tennessee department of labor and workforce development in the amount of one hundred thousand dollars ($100,000) for so long as the bond remains in force. (2) The corporate surety bond shall be in form and content approved by the department of labor and workforce development as evidenced by the department's written consent thereto, and shall be issued by an organization currently licensed and authorized to issue the bond in this state. (3) The bond shall be conditioned for the benefit of the department of labor and workforce development, who may enforce the bond to collect unpaid unemployment insurance premiums, interest and penalties owed by the professional employer organization pursuant to title 50, chapter 7, part 4 and as amended. (4) Any surety is required to provide the administrator of the division of employment security of the department of labor and workforce development sixty (60) days' notice of cancellation of the bond. (5) If after three (3) full calendar years, throughout which a professional employer organization has paid all unemployment insurance premiums due in a timely manner and has a positive unemployment insurance reserve account, the bond may be reduced to an amount no less than thirty-five thousand dollars ($35,000) as determined and approved by the administrator conditioned upon the total taxable payroll for the previous calendar year and other factors deemed relevant by the administrator. (6) Any reduced bond shall be subject to review on no less than an annual basis by the administrator, who may adjust the required amount of the bond as is deemed appropriate.
(1) A client shall be jointly and severally liable with a professional employer organization for state unemployment premiums for each of the client's covered employees; provided, however, that a client shall be relieved of joint and several liability for state unemployment premiums if the professional employer organization has posted a corporate surety bond, as described in this subsection (f), with the administrator of the division of employment security of the Tennessee department of labor and workforce development in the amount of one hundred thousand dollars ($100,000) for so long as the bond remains in force.
(2) The corporate surety bond shall be in form and content approved by the department of labor and workforce development as evidenced by the department's written consent thereto, and shall be issued by an organization currently licensed and authorized to issue the bond in this state.
(3) The bond shall be conditioned for the benefit of the department of labor and workforce development, who may enforce the bond to collect unpaid unemployment insurance premiums, interest and penalties owed by the professional employer organization pursuant to title 50, chapter 7, part 4 and as amended.
(4) Any surety is required to provide the administrator of the division of employment security of the department of labor and workforce development sixty (60) days' notice of cancellation of the bond.
(5) If after three (3) full calendar years, throughout which a professional employer organization has paid all unemployment insurance premiums due in a timely manner and has a positive unemployment insurance reserve account, the bond may be reduced to an amount no less than thirty-five thousand dollars ($35,000) as determined and approved by the administrator conditioned upon the total taxable payroll for the previous calendar year and other factors deemed relevant by the administrator.
(6) Any reduced bond shall be subject to review on no less than an annual basis by the administrator, who may adjust the required amount of the bond as is deemed appropriate.
Acts 2012, ch. 1081, § 1.
Tenn. Code Ann. § 62-13-102 — TN Code / Title 62 / Chapter 13 / Section 62-13-102
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Acquisition agent" means a person who by means of personal inducement, solicitation, or otherwise attempts directly to encourage any person to attend a sales presentation for a time-share program; provided, however, that "acquisition agent" shall not include any person or that person's employee who engages in any such activity solely on real property owned or leased by the person on or within the premises of a hotel, motel, private resort or lodging rental office or phone or mail solicitation business; (2) "Adverse facts" means conditions or occurrences generally recognized by competent licensees that have negative impact on the value of the real estate, significantly reduce the structural integrity of improvements to real property or present a significant health risk to occupants of the property; (3) "Affiliate broker" means any person engaged under contract by or on behalf of a licensed broker to participate in any activity included in subdivision (4); (4) (A) "Broker" means any person who, for a fee, commission, finders fee or any other valuable consideration or with the intent or expectation of receiving a fee, commission, finders fee or any other valuable consideration from another, solicits, negotiates or attempts to solicit or negotiate the listing, sale, purchase, exchange, lease or option to buy, sell, rent or exchange for any real estate or of the improvements on the real estate or any time-share interval as defined in the Tennessee Time-Share Act, compiled in title 66, chapter 32, part 1, collects rents or attempts to collect rents, auctions or offers to auction or who advertises or holds out as engaged in any of the foregoing; (B) "Broker" also includes any person employed by or on behalf of the owner or owners of lots or other parcels of real estate, at a salary, fee, commission or any other valuable consideration, to sell the real estate or any part of the real estate, in lots or parcels or other disposition of the real estate. It also includes any person who engages in the business of charging an advance fee or contracting for collection of a fee in connection with any contract whereby the person undertakes primarily to promote the sale of real estate either through its listing in a publication issued primarily for that purpose or for referral of information concerning the real estate to brokers, or both; (5) "Client" means a party to a transaction with whom the broker has entered into a specific written agency agreement to provide services; (6) "Customer" means any party, other than a client in a transaction, for whom or to whom a licensee provides services; (7) "Designated agent" refers to a licensee who has been chosen by the licensee's managing broker to serve as the agent of an actual or prospective party to a transaction, to the exclusion of other licensees employed by or affiliated with the broker; (8) "Dual agency" refers to a situation in which the licensee has agreements to provide services as an agent to more than one (1) party in a specific transaction and in which the interests of the parties are adverse; (9) "Facilitator" means any licensee: (A) Who assists one (1) or more parties to a transaction who has not entered into a specific written agency agreement representing one (1) or more of the parties; or (B) Whose specific written agency agreement provides that if the licensee or someone associated with the licensee also represents another party to the same transaction, the licensee shall be deemed to be a facilitator and not a dual agent; provided, that notice of assumption of facilitator status is provided to the buyer and seller immediately upon the assumption of facilitator status, to be confirmed in writing prior to execution of the contract. A facilitator may advise either or both of the parties to a transaction but cannot be considered a representative or advocate of either party. "Transaction broker" may be used synonymously with, or in lieu of, "facilitator" as used in any disclosures, forms or agreements under this chapter; (10) "Limited agency" means an agency relationship created for the purpose of providing real estate services in which the client's or other party's liability for the actions or statements of an agent, subagent or facilitator is limited to actions or statements initiated by specific instruction of the client or other party or those actions or statements about which the client or other party had knowledge; (11) "Material" means any statement, representation or fact relative to a transaction that would affect a reasonable person's decision to enter into an agreement and that has been identified by the person as being of significance to a particular party; (12) "Party" means any person or persons seeking to obtain or divest an interest in real estate or a business opportunity as a buyer, seller, landlord, tenant, option grantee or option grantor; (13) "Person" means and includes individuals, corporations, partnerships or associations, foreign and domestic; (14) "Real estate" means and includes leaseholds, as well as any other interest or estate in land, whether corporeal, incorporeal, freehold or nonfreehold, and whether the real estate is situated in this state or elsewhere; (15) "Time-share salesperson" means any person acting as a seller of any time-share interval under contract with or control of a licensed real estate broker pursuant to a registered time-share program. Notwithstanding any law to the contrary, a licensed broker or affiliate broker is entitled to sell time-share intervals pursuant to a registered time-share program; and (16) "Transaction" means the purchase, sale, rental or option of an interest in real estate or business opportunity. Acts 1973, ch. 181, § 3; 1981, ch. 372, § 32; 1981, ch. 473, § 1; T.C.A., § 62-1302; Acts 1989, ch. 89, § 1; 1995, ch. 246, § 1; 1996, ch. 772, §§ 1-3; 2002, ch. 812, § 1.
As used in this chapter, unless the context otherwise requires:
(1) "Acquisition agent" means a person who by means of personal inducement, solicitation, or otherwise attempts directly to encourage any person to attend a sales presentation for a time-share program; provided, however, that "acquisition agent" shall not include any person or that person's employee who engages in any such activity solely on real property owned or leased by the person on or within the premises of a hotel, motel, private resort or lodging rental office or phone or mail solicitation business;
(2) "Adverse facts" means conditions or occurrences generally recognized by competent licensees that have negative impact on the value of the real estate, significantly reduce the structural integrity of improvements to real property or present a significant health risk to occupants of the property;
(3) "Affiliate broker" means any person engaged under contract by or on behalf of a licensed broker to participate in any activity included in subdivision (4);
(4) (A) "Broker" means any person who, for a fee, commission, finders fee or any other valuable consideration or with the intent or expectation of receiving a fee, commission, finders fee or any other valuable consideration from another, solicits, negotiates or attempts to solicit or negotiate the listing, sale, purchase, exchange, lease or option to buy, sell, rent or exchange for any real estate or of the improvements on the real estate or any time-share interval as defined in the Tennessee Time-Share Act, compiled in title 66, chapter 32, part 1, collects rents or attempts to collect rents, auctions or offers to auction or who advertises or holds out as engaged in any of the foregoing; (B) "Broker" also includes any person employed by or on behalf of the owner or owners of lots or other parcels of real estate, at a salary, fee, commission or any other valuable consideration, to sell the real estate or any part of the real estate, in lots or parcels or other disposition of the real estate. It also includes any person who engages in the business of charging an advance fee or contracting for collection of a fee in connection with any contract whereby the person undertakes primarily to promote the sale of real estate either through its listing in a publication issued primarily for that purpose or for referral of information concerning the real estate to brokers, or both;
(A) "Broker" means any person who, for a fee, commission, finders fee or any other valuable consideration or with the intent or expectation of receiving a fee, commission, finders fee or any other valuable consideration from another, solicits, negotiates or attempts to solicit or negotiate the listing, sale, purchase, exchange, lease or option to buy, sell, rent or exchange for any real estate or of the improvements on the real estate or any time-share interval as defined in the Tennessee Time-Share Act, compiled in title 66, chapter 32, part 1, collects rents or attempts to collect rents, auctions or offers to auction or who advertises or holds out as engaged in any of the foregoing;
(B) "Broker" also includes any person employed by or on behalf of the owner or owners of lots or other parcels of real estate, at a salary, fee, commission or any other valuable consideration, to sell the real estate or any part of the real estate, in lots or parcels or other disposition of the real estate. It also includes any person who engages in the business of charging an advance fee or contracting for collection of a fee in connection with any contract whereby the person undertakes primarily to promote the sale of real estate either through its listing in a publication issued primarily for that purpose or for referral of information concerning the real estate to brokers, or both;
(5) "Client" means a party to a transaction with whom the broker has entered into a specific written agency agreement to provide services;
(6) "Customer" means any party, other than a client in a transaction, for whom or to whom a licensee provides services;
(7) "Designated agent" refers to a licensee who has been chosen by the licensee's managing broker to serve as the agent of an actual or prospective party to a transaction, to the exclusion of other licensees employed by or affiliated with the broker;
(8) "Dual agency" refers to a situation in which the licensee has agreements to provide services as an agent to more than one (1) party in a specific transaction and in which the interests of the parties are adverse;
(9) "Facilitator" means any licensee: (A) Who assists one (1) or more parties to a transaction who has not entered into a specific written agency agreement representing one (1) or more of the parties; or (B) Whose specific written agency agreement provides that if the licensee or someone associated with the licensee also represents another party to the same transaction, the licensee shall be deemed to be a facilitator and not a dual agent; provided, that notice of assumption of facilitator status is provided to the buyer and seller immediately upon the assumption of facilitator status, to be confirmed in writing prior to execution of the contract. A facilitator may advise either or both of the parties to a transaction but cannot be considered a representative or advocate of either party. "Transaction broker" may be used synonymously with, or in lieu of, "facilitator" as used in any disclosures, forms or agreements under this chapter;
(A) Who assists one (1) or more parties to a transaction who has not entered into a specific written agency agreement representing one (1) or more of the parties; or
(B) Whose specific written agency agreement provides that if the licensee or someone associated with the licensee also represents another party to the same transaction, the licensee shall be deemed to be a facilitator and not a dual agent; provided, that notice of assumption of facilitator status is provided to the buyer and seller immediately upon the assumption of facilitator status, to be confirmed in writing prior to execution of the contract. A facilitator may advise either or both of the parties to a transaction but cannot be considered a representative or advocate of either party. "Transaction broker" may be used synonymously with, or in lieu of, "facilitator" as used in any disclosures, forms or agreements under this chapter;
(10) "Limited agency" means an agency relationship created for the purpose of providing real estate services in which the client's or other party's liability for the actions or statements of an agent, subagent or facilitator is limited to actions or statements initiated by specific instruction of the client or other party or those actions or statements about which the client or other party had knowledge;
(11) "Material" means any statement, representation or fact relative to a transaction that would affect a reasonable person's decision to enter into an agreement and that has been identified by the person as being of significance to a particular party;
(12) "Party" means any person or persons seeking to obtain or divest an interest in real estate or a business opportunity as a buyer, seller, landlord, tenant, option grantee or option grantor;
(13) "Person" means and includes individuals, corporations, partnerships or associations, foreign and domestic;
(14) "Real estate" means and includes leaseholds, as well as any other interest or estate in land, whether corporeal, incorporeal, freehold or nonfreehold, and whether the real estate is situated in this state or elsewhere;
(15) "Time-share salesperson" means any person acting as a seller of any time-share interval under contract with or control of a licensed real estate broker pursuant to a registered time-share program. Notwithstanding any law to the contrary, a licensed broker or affiliate broker is entitled to sell time-share intervals pursuant to a registered time-share program; and
(16) "Transaction" means the purchase, sale, rental or option of an interest in real estate or business opportunity.
Acts 1973, ch. 181, § 3; 1981, ch. 372, § 32; 1981, ch. 473, § 1; T.C.A., § 62-1302; Acts 1989, ch. 89, § 1; 1995, ch. 246, § 1; 1996, ch. 772, §§ 1-3; 2002, ch. 812, § 1.
Tenn. Code Ann. § 62-6-104 — TN Code / Title 62 / Chapter 6 / Section 62-6-104
Board
Status: in_force

(a) (1) There is created a state board for licensing contractors, called the "board" in this part, to be appointed by the governor. The board shall be composed of nine (9) members, all of whom shall be residents of this state and at least three (3) of whom shall be actively engaged as residential contractors and shall compose the residential review board to consider and handle all informal conferences pertaining to residential construction, at least two (2) of whom shall be actively engaged as commercial building contractors, at least one (1) of whom shall be actively engaged as a mechanical contractor, at least one (1) of whom shall be actively engaged as an electrical contractor, at least one (1) of whom shall be actively engaged as a highway, railroad or airport contractor, and at least one (1) of whom shall be a person who is not engaged as a contractor in any county of this state and has no commercial or professional association with the residential contracting profession or industry, either directly or indirectly. All board members who are required to be in the business of contracting shall have been actively engaged in the business for a period of no less than ten (10) years immediately preceding their appointment and shall be licensed in the classification in which the member is serving upon the board. There shall be no more than one (1) board member in any specific classification provided in this subdivision (a)(1) residing within any one (1) grand division of this state and no more than three (3) board members residing in any one (1) grand division. In making appointments to the board, the governor shall strive to ensure that at least one (1) person serving on the board is sixty (60) years of age or older and that at least one (1) person serving on the board is a member of a racial minority. (2) The governor shall appoint the residential contractor members from lists of qualified persons submitted by interested home builder groups including, but not limited to, the Home Builders Association of Tennessee, Inc. Appointments made pursuant to this subdivision (a)(2) shall be made by the governor following the expiration of the respective terms of the members serving on the board as of July 1, 2014. The governor shall consult with interested home builder groups to determine qualified persons to fill positions on the board. (b) (1) Any member who misses more than fifty percent (50%) of the scheduled meetings in a calendar year shall be removed as a member of the board. (2) The executive director of the board shall promptly notify, or cause to be notified, the appointing authority of any member who fails to satisfy the attendance requirement as prescribed in subdivision (b)(1). (c) All subsequent appointments of successor members shall be made by the governor at the expiration of the respective terms of the members in the way and manner provided by this part. (d) (1) Notwithstanding § 3-6-304 or any other law to the contrary, and in addition to all other requirements for membership on the board: (A) Any person registered as a lobbyist pursuant to the registration requirements of title 3, chapter 6 who is subsequently appointed or otherwise named as a member of the board shall terminate all employment and business association as a lobbyist with any entity whose business endeavors or professional activities are regulated by the board, prior to serving as a member of the board. This subdivision (d)(1)(A) shall apply to all persons appointed or otherwise named to the board after July 1, 2010; (B) No person who is a member of the board shall be permitted to register or otherwise serve as a lobbyist pursuant to title 3, chapter 6 for any entity whose business endeavors or professional activities are regulated by the board during such person's period of service as a member of the board. This subdivision (d)(1)(B) shall apply to all persons appointed or otherwise named to the board after July 1, 2010, and to all persons serving on the board on such date who are not registered as lobbyists; and (C) No person who serves as a member of the board shall be employed as a lobbyist by any entity whose business endeavors or professional activities are regulated by the board for one (1) year following the date such person's service on the board ends. This subdivision (d)(1)(C) shall apply to persons serving on the board as of July 1, 2010, and to persons appointed to the board subsequent to such date. (2) A person who violates this subsection (d) shall be subject to the penalties prescribed in title 3, chapter 6. (3) The bureau of ethics and campaign finance is authorized to promulgate rules and regulations to effectuate the purposes of this subsection (d). All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and in accordance with the procedure for initiating and proposing rules by the ethics commission to the bureau of ethics and campaign finance as prescribed in § 4-55-103 . Amended by 2020 Tenn. Acts, ch. 556, s 3, eff. 3/19/2020. Amended by 2014 Tenn. Acts, ch. 604, s 3, eff. 4/4/2014. Acts 1976, ch. 822, § 4; 1979, ch. 59, § 2; T.C.A., § 62-604; Acts 1988, ch. 1013, § 30; 1994, ch. 986, § 1; 1998, ch. 944, § 1; 2008 , ch. 861, § 1; 2010 , ch. 1086, §§ 3, 4.
(a) (1) There is created a state board for licensing contractors, called the "board" in this part, to be appointed by the governor. The board shall be composed of nine (9) members, all of whom shall be residents of this state and at least three (3) of whom shall be actively engaged as residential contractors and shall compose the residential review board to consider and handle all informal conferences pertaining to residential construction, at least two (2) of whom shall be actively engaged as commercial building contractors, at least one (1) of whom shall be actively engaged as a mechanical contractor, at least one (1) of whom shall be actively engaged as an electrical contractor, at least one (1) of whom shall be actively engaged as a highway, railroad or airport contractor, and at least one (1) of whom shall be a person who is not engaged as a contractor in any county of this state and has no commercial or professional association with the residential contracting profession or industry, either directly or indirectly. All board members who are required to be in the business of contracting shall have been actively engaged in the business for a period of no less than ten (10) years immediately preceding their appointment and shall be licensed in the classification in which the member is serving upon the board. There shall be no more than one (1) board member in any specific classification provided in this subdivision (a)(1) residing within any one (1) grand division of this state and no more than three (3) board members residing in any one (1) grand division. In making appointments to the board, the governor shall strive to ensure that at least one (1) person serving on the board is sixty (60) years of age or older and that at least one (1) person serving on the board is a member of a racial minority. (2) The governor shall appoint the residential contractor members from lists of qualified persons submitted by interested home builder groups including, but not limited to, the Home Builders Association of Tennessee, Inc. Appointments made pursuant to this subdivision (a)(2) shall be made by the governor following the expiration of the respective terms of the members serving on the board as of July 1, 2014. The governor shall consult with interested home builder groups to determine qualified persons to fill positions on the board.
(1) There is created a state board for licensing contractors, called the "board" in this part, to be appointed by the governor. The board shall be composed of nine (9) members, all of whom shall be residents of this state and at least three (3) of whom shall be actively engaged as residential contractors and shall compose the residential review board to consider and handle all informal conferences pertaining to residential construction, at least two (2) of whom shall be actively engaged as commercial building contractors, at least one (1) of whom shall be actively engaged as a mechanical contractor, at least one (1) of whom shall be actively engaged as an electrical contractor, at least one (1) of whom shall be actively engaged as a highway, railroad or airport contractor, and at least one (1) of whom shall be a person who is not engaged as a contractor in any county of this state and has no commercial or professional association with the residential contracting profession or industry, either directly or indirectly. All board members who are required to be in the business of contracting shall have been actively engaged in the business for a period of no less than ten (10) years immediately preceding their appointment and shall be licensed in the classification in which the member is serving upon the board. There shall be no more than one (1) board member in any specific classification provided in this subdivision (a)(1) residing within any one (1) grand division of this state and no more than three (3) board members residing in any one (1) grand division. In making appointments to the board, the governor shall strive to ensure that at least one (1) person serving on the board is sixty (60) years of age or older and that at least one (1) person serving on the board is a member of a racial minority.
(2) The governor shall appoint the residential contractor members from lists of qualified persons submitted by interested home builder groups including, but not limited to, the Home Builders Association of Tennessee, Inc. Appointments made pursuant to this subdivision (a)(2) shall be made by the governor following the expiration of the respective terms of the members serving on the board as of July 1, 2014. The governor shall consult with interested home builder groups to determine qualified persons to fill positions on the board.
(b) (1) Any member who misses more than fifty percent (50%) of the scheduled meetings in a calendar year shall be removed as a member of the board. (2) The executive director of the board shall promptly notify, or cause to be notified, the appointing authority of any member who fails to satisfy the attendance requirement as prescribed in subdivision (b)(1).
(1) Any member who misses more than fifty percent (50%) of the scheduled meetings in a calendar year shall be removed as a member of the board.
(2) The executive director of the board shall promptly notify, or cause to be notified, the appointing authority of any member who fails to satisfy the attendance requirement as prescribed in subdivision (b)(1).
(c) All subsequent appointments of successor members shall be made by the governor at the expiration of the respective terms of the members in the way and manner provided by this part.
(d) (1) Notwithstanding § 3-6-304 or any other law to the contrary, and in addition to all other requirements for membership on the board: (A) Any person registered as a lobbyist pursuant to the registration requirements of title 3, chapter 6 who is subsequently appointed or otherwise named as a member of the board shall terminate all employment and business association as a lobbyist with any entity whose business endeavors or professional activities are regulated by the board, prior to serving as a member of the board. This subdivision (d)(1)(A) shall apply to all persons appointed or otherwise named to the board after July 1, 2010; (B) No person who is a member of the board shall be permitted to register or otherwise serve as a lobbyist pursuant to title 3, chapter 6 for any entity whose business endeavors or professional activities are regulated by the board during such person's period of service as a member of the board. This subdivision (d)(1)(B) shall apply to all persons appointed or otherwise named to the board after July 1, 2010, and to all persons serving on the board on such date who are not registered as lobbyists; and (C) No person who serves as a member of the board shall be employed as a lobbyist by any entity whose business endeavors or professional activities are regulated by the board for one (1) year following the date such person's service on the board ends. This subdivision (d)(1)(C) shall apply to persons serving on the board as of July 1, 2010, and to persons appointed to the board subsequent to such date. (2) A person who violates this subsection (d) shall be subject to the penalties prescribed in title 3, chapter 6. (3) The bureau of ethics and campaign finance is authorized to promulgate rules and regulations to effectuate the purposes of this subsection (d). All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and in accordance with the procedure for initiating and proposing rules by the ethics commission to the bureau of ethics and campaign finance as prescribed in § 4-55-103 .
(1) Notwithstanding § 3-6-304 or any other law to the contrary, and in addition to all other requirements for membership on the board: (A) Any person registered as a lobbyist pursuant to the registration requirements of title 3, chapter 6 who is subsequently appointed or otherwise named as a member of the board shall terminate all employment and business association as a lobbyist with any entity whose business endeavors or professional activities are regulated by the board, prior to serving as a member of the board. This subdivision (d)(1)(A) shall apply to all persons appointed or otherwise named to the board after July 1, 2010; (B) No person who is a member of the board shall be permitted to register or otherwise serve as a lobbyist pursuant to title 3, chapter 6 for any entity whose business endeavors or professional activities are regulated by the board during such person's period of service as a member of the board. This subdivision (d)(1)(B) shall apply to all persons appointed or otherwise named to the board after July 1, 2010, and to all persons serving on the board on such date who are not registered as lobbyists; and (C) No person who serves as a member of the board shall be employed as a lobbyist by any entity whose business endeavors or professional activities are regulated by the board for one (1) year following the date such person's service on the board ends. This subdivision (d)(1)(C) shall apply to persons serving on the board as of July 1, 2010, and to persons appointed to the board subsequent to such date.
(A) Any person registered as a lobbyist pursuant to the registration requirements of title 3, chapter 6 who is subsequently appointed or otherwise named as a member of the board shall terminate all employment and business association as a lobbyist with any entity whose business endeavors or professional activities are regulated by the board, prior to serving as a member of the board. This subdivision (d)(1)(A) shall apply to all persons appointed or otherwise named to the board after July 1, 2010;
(B) No person who is a member of the board shall be permitted to register or otherwise serve as a lobbyist pursuant to title 3, chapter 6 for any entity whose business endeavors or professional activities are regulated by the board during such person's period of service as a member of the board. This subdivision (d)(1)(B) shall apply to all persons appointed or otherwise named to the board after July 1, 2010, and to all persons serving on the board on such date who are not registered as lobbyists; and
(C) No person who serves as a member of the board shall be employed as a lobbyist by any entity whose business endeavors or professional activities are regulated by the board for one (1) year following the date such person's service on the board ends. This subdivision (d)(1)(C) shall apply to persons serving on the board as of July 1, 2010, and to persons appointed to the board subsequent to such date.
(2) A person who violates this subsection (d) shall be subject to the penalties prescribed in title 3, chapter 6.
(3) The bureau of ethics and campaign finance is authorized to promulgate rules and regulations to effectuate the purposes of this subsection (d). All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and in accordance with the procedure for initiating and proposing rules by the ethics commission to the bureau of ethics and campaign finance as prescribed in § 4-55-103 .
Amended by 2020 Tenn. Acts, ch. 556, s 3, eff. 3/19/2020.
Amended by 2014 Tenn. Acts, ch. 604, s 3, eff. 4/4/2014.
Acts 1976, ch. 822, § 4; 1979, ch. 59, § 2; T.C.A., § 62-604; Acts 1988, ch. 1013, § 30; 1994, ch. 986, § 1; 1998, ch. 944, § 1; 2008 , ch. 861, § 1; 2010 , ch. 1086, §§ 3, 4.
Tenn. Code Ann. § 62-2-404 — TN Code / Title 62 / Chapter 2 / Section 62-2-404
Application form - Fees
Status: in_force

(a) Application for registration as a professional engineer or certification as an engineer intern shall be on a form prescribed and furnished by the board, shall contain statements made under oath showing the applicant's education and a detailed summary of the applicant's technical experience and shall contain references, none of whom may be members of the board. (b) (1) The initial application fee shall be established by the board and shall accompany the application. (2) The application fee for engineer intern certification or enrollment shall be established by the board and shall accompany the application. (3) The registration fee shall be established by the board and shall be paid upon approval of the application. (4) Should the board deny the issuance of a certificate to any applicant, the application fee shall be retained by the board. Amended by 2015 Tenn. Acts, ch. 291,s 3, eff. 4/24/2015. Amended by 2013 Tenn. Acts, ch. 180,s 3, eff. 4/23/2013. Acts 1979, ch. 263, § 13; T.C.A., § 62-213; Acts 1990, ch. 1026, § 21; 1993, ch. 132, § 7; 1995, ch. 113, § 1; 1998, ch. 612, § 1.
(a) Application for registration as a professional engineer or certification as an engineer intern shall be on a form prescribed and furnished by the board, shall contain statements made under oath showing the applicant's education and a detailed summary of the applicant's technical experience and shall contain references, none of whom may be members of the board.
(b) (1) The initial application fee shall be established by the board and shall accompany the application. (2) The application fee for engineer intern certification or enrollment shall be established by the board and shall accompany the application. (3) The registration fee shall be established by the board and shall be paid upon approval of the application. (4) Should the board deny the issuance of a certificate to any applicant, the application fee shall be retained by the board.
(1) The initial application fee shall be established by the board and shall accompany the application.
(2) The application fee for engineer intern certification or enrollment shall be established by the board and shall accompany the application.
(3) The registration fee shall be established by the board and shall be paid upon approval of the application.
(4) Should the board deny the issuance of a certificate to any applicant, the application fee shall be retained by the board.
Amended by 2015 Tenn. Acts, ch. 291,s 3, eff. 4/24/2015.
Amended by 2013 Tenn. Acts, ch. 180,s 3, eff. 4/23/2013.
Acts 1979, ch. 263, § 13; T.C.A., § 62-213; Acts 1990, ch. 1026, § 21; 1993, ch. 132, § 7; 1995, ch. 113, § 1; 1998, ch. 612, § 1.
Tenn. Code Ann. § 62-27-118 — TN Code / Title 62 / Chapter 27 / Section 62-27-118
Review of license refusals, revocations or suspensions - Appellate review
Status: in_force

Any action by the commissioner pursuant to § 62-27-117 , or any appellate review thereafter, shall be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 1978, ch. 900, § 20; 1980, ch. 705, § 10; T.C.A., §62-2719; Acts 1999, ch. 252, § 4.
Any action by the commissioner pursuant to § 62-27-117 , or any appellate review thereafter, shall be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1978, ch. 900, § 20; 1980, ch. 705, § 10; T.C.A., §62-2719; Acts 1999, ch. 252, § 4.
Tenn. Code Ann. § 62-26-301 — TN Code / Title 62 / Chapter 26 / Section 62-26-301
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 294, s 13, eff. 7/1/2021. Acts 1991, ch. 457, § 23; 1993, ch. 511, §§ 23, 24; 1999, ch. 253, §§ 2, 3, 4; 2010 , ch. 1012, §§ 3, 4.
Repealed by 2021 Tenn. Acts, ch. 294, s 13, eff. 7/1/2021.
Acts 1991, ch. 457, § 23; 1993, ch. 511, §§ 23, 24; 1999, ch. 253, §§ 2, 3, 4; 2010 , ch. 1012, §§ 3, 4.
Tenn. Code Ann. § 62-18-203 — TN Code / Title 62 / Chapter 18 / Section 62-18-203
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Classification" means the use and application of the current United States department of agriculture (USDA) soil taxonomy standard as revised, classifying soils to the order, suborder, great group, subgroup, family, series, or phase of series level; (2) "Commissioner" means the commissioner of commerce and insurance, or the commissioner's designee; (3) "Department" means the department of commerce and insurance; (4) "Licensed professional soil scientist" means a person who is licensed as a soil scientist under this part; (5) "Practice of soil science" means providing soil science services except as specifically exempted by this part. Soil science services include the investigation, inspection, collection, or evaluation of soil as a means to classify soil pursuant to the use and application of the USDA soil taxonomy standard, as revised, or the interpretation, inventory, planning, or mapping resulting from classifying soils; (6) "Responsible charge of work" means accountable, independent control and direction by the use of initiative, skill, and independent judgment, of soil science work or supervision of soil science work; (7) "Soil science" means the science concerning the earth's mantle and its use by all humans including: (A) The classification, investigation, mapping and inventorying of soil; and (B) The study of the interaction of soil forming factors; (i) Climate; (ii) Organisms; (iii) Relief; (iv) Parent material; and (v) Time; (8) "Soil scientist" means a person qualified by education and practical experience to engage in the practice of soil science; and (9) "Soil scientist in training" means a person who has met or is pursuing the educational requirements of § 62-18-208 , but is not qualified to be licensed as a professional soil scientist. Acts 2010 , ch. 1032, § 4.
As used in this part, unless the context otherwise requires:
(1) "Classification" means the use and application of the current United States department of agriculture (USDA) soil taxonomy standard as revised, classifying soils to the order, suborder, great group, subgroup, family, series, or phase of series level;
(2) "Commissioner" means the commissioner of commerce and insurance, or the commissioner's designee;
(3) "Department" means the department of commerce and insurance;
(4) "Licensed professional soil scientist" means a person who is licensed as a soil scientist under this part;
(5) "Practice of soil science" means providing soil science services except as specifically exempted by this part. Soil science services include the investigation, inspection, collection, or evaluation of soil as a means to classify soil pursuant to the use and application of the USDA soil taxonomy standard, as revised, or the interpretation, inventory, planning, or mapping resulting from classifying soils;
(6) "Responsible charge of work" means accountable, independent control and direction by the use of initiative, skill, and independent judgment, of soil science work or supervision of soil science work;
(7) "Soil science" means the science concerning the earth's mantle and its use by all humans including: (A) The classification, investigation, mapping and inventorying of soil; and (B) The study of the interaction of soil forming factors; (i) Climate; (ii) Organisms; (iii) Relief; (iv) Parent material; and (v) Time;
(A) The classification, investigation, mapping and inventorying of soil; and
(B) The study of the interaction of soil forming factors; (i) Climate; (ii) Organisms; (iii) Relief; (iv) Parent material; and (v) Time;
(i) Climate;
(ii) Organisms;
(iii) Relief;
(iv) Parent material; and
(v) Time;
(8) "Soil scientist" means a person qualified by education and practical experience to engage in the practice of soil science; and
(9) "Soil scientist in training" means a person who has met or is pursuing the educational requirements of § 62-18-208 , but is not qualified to be licensed as a professional soil scientist.
Acts 2010 , ch. 1032, § 4.
Tenn. Code Ann. § 62-27-107 — TN Code / Title 62 / Chapter 27 / Section 62-27-107
Qualifications for license
Status: in_force

(a) In order to be eligible for a license as a polygraph examiner, an applicant must demonstrate to the satisfaction of the commissioner that the applicant: (1) Is at least twenty-one (21) years of age; (2) Is a citizen of the United States; (3) Is of good moral character; (4) Has not been convicted of any felony or misdemeanor involving moral turpitude; (5) Holds a baccalaureate degree from a college or university accredited by a recognized regional or local accreditation committee or, in lieu of a baccalaureate degree, has at least two (2) years of college credits and has, for at least five (5) years immediately preceding the date of application, actively engaged in substantial criminal, counterintelligence or private investigative work; (6) Has graduated from a school of polygraph approved by the American Polygraph Association or the commissioner; (7) Has passed a licensing examination conducted by or under the supervision of the commissioner; and (8) Has satisfactorily completed an internship of six (6) months or, in lieu of the completion of the internship, has provided satisfactory evidence the applicant is currently actively engaged in the polygraph examinations business in another state that may or may not have professional licensing requirements and has been principally engaged in the business of conducting polygraph examinations in that state for at least five (5) consecutive years. An applicant pursuant to this subdivision (a)(8) shall also submit evidence of a current business license, tax records and a minimum of two (2) letters of recommendation from either former clients or government agency officials. (b) Each polygraph examining company organized for the purpose of employing two (2) or more polygraph examiners on a full-time salaried basis shall make application to the commissioner in writing under oath on forms prescribed by the commissioner. The application shall be accompanied by the required fee, which is not refundable. The application shall contain information that the commissioner deems necessary, including, but not limited to, the names of the corporate officers, the principal place of business, the business telephone number at the principal place of business and the specific name of the person to be contacted. Each company shall be required to certify that it employs only qualified licensed polygraph examiners who meet the qualifications required by this chapter. Acts 1978, ch. 900, § 8; T.C.A., § 62-2707; Acts 1982, ch. 720, § 10; 1986, ch. 739, §2; 1999, ch. 252, §§4, 5, 6; 2007 , ch. 249, § 1.
(a) In order to be eligible for a license as a polygraph examiner, an applicant must demonstrate to the satisfaction of the commissioner that the applicant: (1) Is at least twenty-one (21) years of age; (2) Is a citizen of the United States; (3) Is of good moral character; (4) Has not been convicted of any felony or misdemeanor involving moral turpitude; (5) Holds a baccalaureate degree from a college or university accredited by a recognized regional or local accreditation committee or, in lieu of a baccalaureate degree, has at least two (2) years of college credits and has, for at least five (5) years immediately preceding the date of application, actively engaged in substantial criminal, counterintelligence or private investigative work; (6) Has graduated from a school of polygraph approved by the American Polygraph Association or the commissioner; (7) Has passed a licensing examination conducted by or under the supervision of the commissioner; and (8) Has satisfactorily completed an internship of six (6) months or, in lieu of the completion of the internship, has provided satisfactory evidence the applicant is currently actively engaged in the polygraph examinations business in another state that may or may not have professional licensing requirements and has been principally engaged in the business of conducting polygraph examinations in that state for at least five (5) consecutive years. An applicant pursuant to this subdivision (a)(8) shall also submit evidence of a current business license, tax records and a minimum of two (2) letters of recommendation from either former clients or government agency officials.
(1) Is at least twenty-one (21) years of age;
(2) Is a citizen of the United States;
(3) Is of good moral character;
(4) Has not been convicted of any felony or misdemeanor involving moral turpitude;
(5) Holds a baccalaureate degree from a college or university accredited by a recognized regional or local accreditation committee or, in lieu of a baccalaureate degree, has at least two (2) years of college credits and has, for at least five (5) years immediately preceding the date of application, actively engaged in substantial criminal, counterintelligence or private investigative work;
(6) Has graduated from a school of polygraph approved by the American Polygraph Association or the commissioner;
(7) Has passed a licensing examination conducted by or under the supervision of the commissioner; and
(8) Has satisfactorily completed an internship of six (6) months or, in lieu of the completion of the internship, has provided satisfactory evidence the applicant is currently actively engaged in the polygraph examinations business in another state that may or may not have professional licensing requirements and has been principally engaged in the business of conducting polygraph examinations in that state for at least five (5) consecutive years. An applicant pursuant to this subdivision (a)(8) shall also submit evidence of a current business license, tax records and a minimum of two (2) letters of recommendation from either former clients or government agency officials.
(b) Each polygraph examining company organized for the purpose of employing two (2) or more polygraph examiners on a full-time salaried basis shall make application to the commissioner in writing under oath on forms prescribed by the commissioner. The application shall be accompanied by the required fee, which is not refundable. The application shall contain information that the commissioner deems necessary, including, but not limited to, the names of the corporate officers, the principal place of business, the business telephone number at the principal place of business and the specific name of the person to be contacted. Each company shall be required to certify that it employs only qualified licensed polygraph examiners who meet the qualifications required by this chapter.
Acts 1978, ch. 900, § 8; T.C.A., § 62-2707; Acts 1982, ch. 720, § 10; 1986, ch. 739, §2; 1999, ch. 252, §§4, 5, 6; 2007 , ch. 249, § 1.
Tenn. Code Ann. § 62-38-211 — TN Code / Title 62 / Chapter 38 / Section 62-38-211
Tattoos for persons under 18 years of age - Reporting tattooing of minors - Tattoos to cover up existing tattoos for minors 16 years of age or older - False statements of age or exhibiting false identification by minors for purpose of obtaining tattoos
Status: in_force

(a) Except as provided in subsection (c), it is a Class A misdemeanor to tattoo a person under eighteen (18) years of age. (b) (1) Any parent, legal guardian, teacher or medical provider or school resource officer for a minor under eighteen (18) years of age, who discovers that a minor has been tattooed is encouraged to report such discovery to the department within three (3) weekdays of making such discovery. Any report made pursuant to this subdivision (b)(1) shall be accompanied by the following information, to the extent that such information is known to the person making the report: (A) The name, mailing address, telephone number, and email address of the minor's parent or legal guardian; and (B) The name, mailing address, telephone number, and email address of the person who tattooed the minor. (2) Within fourteen (14) days of receiving a report that is made pursuant to subdivision (b)(1), which report includes the name and mailing address of the parent or legal guardian of the minor who is the subject of the report, the department shall provide to the minor's parent or legal guardian, by first class United States mail, a written acknowledgement of receipt of the report. (3) The department shall establish by rule a process whereby the reports that are required by this subsection (b) may be made by telephone. The department is authorized to establish by rule processes whereby the reports that are required by this subsection (b) may be made in person or by mail, email or other means of communication. (c) (1) With the written consent of the parent or legal guardian, a minor sixteen (16) years of age or older may be tattooed to cover up an existing tattoo. A parent or legal guardian must present proof of guardianship or custody of the minor, an acknowledgement of receipt of a report provided pursuant to subdivision (b)(2), and must be present during the procedure. (2) For purposes of subdivision (c)(1), "proof of guardianship or custody" includes a copy of an order of guardianship, a decree for custody, a birth certificate or any other form of proof of guardianship or custody that is permitted by rule of the department of health. (d) Any person under eighteen (18) years of age who knowingly makes a false statement or exhibits false identification to the effect that the person is eighteen (18) years of age or older to any person providing tattoo services licensed or permitted under this part for the purpose of purchasing or obtaining the same commits delinquent acts taken through juvenile courts and the person shall be punished by a fine of not less than fifty dollars ($50.00) nor more than two hundred fifty dollars ($250) and not less than twenty (20) hours of community service work, which fine or penalty shall not be suspended or waived. Acts 2008, ch. 803, § 2; 2012, ch. 981, § 5.
(a) Except as provided in subsection (c), it is a Class A misdemeanor to tattoo a person under eighteen (18) years of age.
(b) (1) Any parent, legal guardian, teacher or medical provider or school resource officer for a minor under eighteen (18) years of age, who discovers that a minor has been tattooed is encouraged to report such discovery to the department within three (3) weekdays of making such discovery. Any report made pursuant to this subdivision (b)(1) shall be accompanied by the following information, to the extent that such information is known to the person making the report: (A) The name, mailing address, telephone number, and email address of the minor's parent or legal guardian; and (B) The name, mailing address, telephone number, and email address of the person who tattooed the minor. (2) Within fourteen (14) days of receiving a report that is made pursuant to subdivision (b)(1), which report includes the name and mailing address of the parent or legal guardian of the minor who is the subject of the report, the department shall provide to the minor's parent or legal guardian, by first class United States mail, a written acknowledgement of receipt of the report. (3) The department shall establish by rule a process whereby the reports that are required by this subsection (b) may be made by telephone. The department is authorized to establish by rule processes whereby the reports that are required by this subsection (b) may be made in person or by mail, email or other means of communication.
(1) Any parent, legal guardian, teacher or medical provider or school resource officer for a minor under eighteen (18) years of age, who discovers that a minor has been tattooed is encouraged to report such discovery to the department within three (3) weekdays of making such discovery. Any report made pursuant to this subdivision (b)(1) shall be accompanied by the following information, to the extent that such information is known to the person making the report: (A) The name, mailing address, telephone number, and email address of the minor's parent or legal guardian; and (B) The name, mailing address, telephone number, and email address of the person who tattooed the minor.
(A) The name, mailing address, telephone number, and email address of the minor's parent or legal guardian; and
(B) The name, mailing address, telephone number, and email address of the person who tattooed the minor.
(2) Within fourteen (14) days of receiving a report that is made pursuant to subdivision (b)(1), which report includes the name and mailing address of the parent or legal guardian of the minor who is the subject of the report, the department shall provide to the minor's parent or legal guardian, by first class United States mail, a written acknowledgement of receipt of the report.
(3) The department shall establish by rule a process whereby the reports that are required by this subsection (b) may be made by telephone. The department is authorized to establish by rule processes whereby the reports that are required by this subsection (b) may be made in person or by mail, email or other means of communication.
(c) (1) With the written consent of the parent or legal guardian, a minor sixteen (16) years of age or older may be tattooed to cover up an existing tattoo. A parent or legal guardian must present proof of guardianship or custody of the minor, an acknowledgement of receipt of a report provided pursuant to subdivision (b)(2), and must be present during the procedure. (2) For purposes of subdivision (c)(1), "proof of guardianship or custody" includes a copy of an order of guardianship, a decree for custody, a birth certificate or any other form of proof of guardianship or custody that is permitted by rule of the department of health.
(1) With the written consent of the parent or legal guardian, a minor sixteen (16) years of age or older may be tattooed to cover up an existing tattoo. A parent or legal guardian must present proof of guardianship or custody of the minor, an acknowledgement of receipt of a report provided pursuant to subdivision (b)(2), and must be present during the procedure.
(2) For purposes of subdivision (c)(1), "proof of guardianship or custody" includes a copy of an order of guardianship, a decree for custody, a birth certificate or any other form of proof of guardianship or custody that is permitted by rule of the department of health.
(d) Any person under eighteen (18) years of age who knowingly makes a false statement or exhibits false identification to the effect that the person is eighteen (18) years of age or older to any person providing tattoo services licensed or permitted under this part for the purpose of purchasing or obtaining the same commits delinquent acts taken through juvenile courts and the person shall be punished by a fine of not less than fifty dollars ($50.00) nor more than two hundred fifty dollars ($250) and not less than twenty (20) hours of community service work, which fine or penalty shall not be suspended or waived.
Acts 2008, ch. 803, § 2; 2012, ch. 981, § 5.
Tenn. Code Ann. § 62-5-404 — TN Code / Title 62 / Chapter 5 / Section 62-5-404
Registration requirement
Status: in_force

(a) With the exception of a funeral director licensed in this state, an individual shall not offer or sell pre-need funeral contracts without first registering with the commissioner as a pre-need sales agent. An individual shall not sell, solicit, or negotiate prearrangement insurance policies without first registering with the commissioner as a pre-need sales agent and obtaining an insurance producer license pursuant to the Tennessee Insurance Producer Licensing Act of 2002, compiled in title 56, chapter 6, part 1. (b) No funeral establishment or other individual, firm, partnership, company, corporation, or association may offer or sell pre-need funeral contracts without first registering with the commissioner as a pre-need seller. A funeral establishment or other individual, firm, partnership, company, corporation, or association with more than one (1) physical location in this state shall obtain a separate registration for each physical location where it acts as a pre-need seller. (c) This section does not apply to a person who is licensed under § 62-5-305 and is selling pre-need funeral contracts only on behalf of a funeral home that is owned, in whole or in part, by that person. However, that person remains subject to title 56, chapter 6, part 1. Amended by 2022 Tenn. Acts, ch. 1014, s 1, eff. 5/9/2022. Amended by 2021 Tenn. Acts, ch. 549, s 15, eff. 10/1/2021. Acts 2007 , ch. 592, § 5.
(a) With the exception of a funeral director licensed in this state, an individual shall not offer or sell pre-need funeral contracts without first registering with the commissioner as a pre-need sales agent. An individual shall not sell, solicit, or negotiate prearrangement insurance policies without first registering with the commissioner as a pre-need sales agent and obtaining an insurance producer license pursuant to the Tennessee Insurance Producer Licensing Act of 2002, compiled in title 56, chapter 6, part 1.
(b) No funeral establishment or other individual, firm, partnership, company, corporation, or association may offer or sell pre-need funeral contracts without first registering with the commissioner as a pre-need seller. A funeral establishment or other individual, firm, partnership, company, corporation, or association with more than one (1) physical location in this state shall obtain a separate registration for each physical location where it acts as a pre-need seller.
(c) This section does not apply to a person who is licensed under § 62-5-305 and is selling pre-need funeral contracts only on behalf of a funeral home that is owned, in whole or in part, by that person. However, that person remains subject to title 56, chapter 6, part 1.
Amended by 2022 Tenn. Acts, ch. 1014, s 1, eff. 5/9/2022.
Amended by 2021 Tenn. Acts, ch. 549, s 15, eff. 10/1/2021.
Acts 2007 , ch. 592, § 5.
Tenn. Code Ann. § 62-26-226 — TN Code / Title 62 / Chapter 26 / Section 62-26-226
Training
Status: in_force

(a) Any person or company offering private investigator training for a fee must first be certified by the commissioner. The commissioner shall ensure that the instructors employed by the training company possess both the experience and academic credentials to ensure that the curriculum and instruction of the training company will be beneficial to those seeking to enter the profession. In order to qualify as a certified trainer/instructor, the trainer: (1) Must be at least twenty-one (21) years of age; (2) Has at least three (3) years of supervisory experience satisfactory to the commissioner with an investigations company or proprietary entity, or with any federal, United States military, state, county or municipal law enforcement agency; and (3) Is personally qualified to conduct the training required by this chapter. (b) A certified trainer may, in the trainer's discretion, instruct personally or use a combination of personal instruction, audio and visual training aids. (c) To assist in the implementation of the training program, the certified trainer may use as an assistant trainer any person who: (1) Is at least twenty-one (21) years of age; and (2) Has at least one (1) year of experience with an investigations company or any United States military, state, county or municipal law enforcement agency. (d) A certified trainer may be an employee of a private investigative or proprietary agency. If the applicant is not so employed, the applicant must be licensed as a company under this part. (e) The certified trainer shall certify to the successful completion of the training and shall submit the certification to the commissioner. (f) The training program, fees and requirements shall be established by rules promulgated by the commissioner. Acts 1993, ch. 511, § 21.
(a) Any person or company offering private investigator training for a fee must first be certified by the commissioner. The commissioner shall ensure that the instructors employed by the training company possess both the experience and academic credentials to ensure that the curriculum and instruction of the training company will be beneficial to those seeking to enter the profession. In order to qualify as a certified trainer/instructor, the trainer: (1) Must be at least twenty-one (21) years of age; (2) Has at least three (3) years of supervisory experience satisfactory to the commissioner with an investigations company or proprietary entity, or with any federal, United States military, state, county or municipal law enforcement agency; and (3) Is personally qualified to conduct the training required by this chapter.
(1) Must be at least twenty-one (21) years of age;
(2) Has at least three (3) years of supervisory experience satisfactory to the commissioner with an investigations company or proprietary entity, or with any federal, United States military, state, county or municipal law enforcement agency; and
(3) Is personally qualified to conduct the training required by this chapter.
(b) A certified trainer may, in the trainer's discretion, instruct personally or use a combination of personal instruction, audio and visual training aids.
(c) To assist in the implementation of the training program, the certified trainer may use as an assistant trainer any person who: (1) Is at least twenty-one (21) years of age; and (2) Has at least one (1) year of experience with an investigations company or any United States military, state, county or municipal law enforcement agency.
(1) Is at least twenty-one (21) years of age; and
(2) Has at least one (1) year of experience with an investigations company or any United States military, state, county or municipal law enforcement agency.
(d) A certified trainer may be an employee of a private investigative or proprietary agency. If the applicant is not so employed, the applicant must be licensed as a company under this part.
(e) The certified trainer shall certify to the successful completion of the training and shall submit the certification to the commissioner.
(f) The training program, fees and requirements shall be established by rules promulgated by the commissioner.
Acts 1993, ch. 511, § 21.
Tenn. Code Ann. § 62-10-104 — TN Code / Title 62 / Chapter 10 / Section 62-10-104
Treatment of hospital laundry
Status: in_force

No laundry received from any hospital for contagious diseases shall be mingled with other laundry until it has been treated with live steam or water heated to a temperature of at least one hundred ninety degrees Fahrenheit (190° F.) for a period of thirty (30) minutes. Acts 1937, ch. 94, § 7; C. Supp. 1950, § 7182.47 (Williams, § 7182.49); T.C.A. (orig. ed.), § 62-1004.
No laundry received from any hospital for contagious diseases shall be mingled with other laundry until it has been treated with live steam or water heated to a temperature of at least one hundred ninety degrees Fahrenheit (190° F.) for a period of thirty (30) minutes.
Acts 1937, ch. 94, § 7; C. Supp. 1950, § 7182.47 (Williams, § 7182.49); T.C.A. (orig. ed.), § 62-1004.
Tenn. Code Ann. § 62-13-318 — TN Code / Title 62 / Chapter 13 / Section 62-13-318
Temporary retirement
Status: in_force

(a) (1) Upon written request accompanied by the license and the fee for change of status, any real estate firm, real estate broker, affiliate broker, time-share salesperson, or acquisition agent may temporarily retire the license. (2) If the retiree wishes to remain in retirement for any portion of a subsequent license renewal period, the retiree shall pay the required license renewal fee prior to the license expiration date. (3) No retired licensee may engage in any act defined in § 62-13-102 . (4) The retiree is responsible for advising the commission of the retiree's current mailing address. (b) (1) A licensee wishing to reactivate a license from retirement status shall submit the proper form and fee for a change of status. (2) Reactivation of a temporarily retired license shall not be permitted until the licensee provides proof of completion of sixteen (16) classroom hours in real estate courses as specified in § 62-13-303 during the current license renewal period. (c) Any license in inactive status with the commission on July 1, 2016, shall be transferred to retirement status on that date. (d) Notwithstanding the requirements of this section or § 62-13-319 , if a licensee is in good standing with the commission at the time the person's license is temporarily retired and, as a retiree, the person has not paid the license renewal fee as required under subdivision (a)(2), causing the license to lapse, then the person may reactivate the license upon: (1) Payment of all back renewal fees owed and any penalty imposed by the commission resulting from the lapsed license; and (2) Submission of proof of completion of all classroom hours in real estate courses that would have been required under § 62-13-303 if the licensee had instead maintained an active license during the period of temporary retirement. Amended by 2024 Tenn. Acts, ch. 734,s 1, eff. 7/1/2024. Amended by 2016 Tenn. Acts, ch. 838, s 10, eff. 7/1/2016. Acts 1975, ch. 148, §§ 1-3; 1980, ch. 707, § 3; 1981, ch. 473, §§ 16, 17; T.C.A., §§ 62-1340 -- 62-1342; Acts 1982, ch. 864, § 13; 1984, ch. 810, §§ 8-10; 1988, ch. 919, § 11; 1990, ch. 946, § 8; 2004, ch. 456, § 3.
(a) (1) Upon written request accompanied by the license and the fee for change of status, any real estate firm, real estate broker, affiliate broker, time-share salesperson, or acquisition agent may temporarily retire the license. (2) If the retiree wishes to remain in retirement for any portion of a subsequent license renewal period, the retiree shall pay the required license renewal fee prior to the license expiration date. (3) No retired licensee may engage in any act defined in § 62-13-102 . (4) The retiree is responsible for advising the commission of the retiree's current mailing address.
(1) Upon written request accompanied by the license and the fee for change of status, any real estate firm, real estate broker, affiliate broker, time-share salesperson, or acquisition agent may temporarily retire the license.
(2) If the retiree wishes to remain in retirement for any portion of a subsequent license renewal period, the retiree shall pay the required license renewal fee prior to the license expiration date.
(3) No retired licensee may engage in any act defined in § 62-13-102 .
(4) The retiree is responsible for advising the commission of the retiree's current mailing address.
(b) (1) A licensee wishing to reactivate a license from retirement status shall submit the proper form and fee for a change of status. (2) Reactivation of a temporarily retired license shall not be permitted until the licensee provides proof of completion of sixteen (16) classroom hours in real estate courses as specified in § 62-13-303 during the current license renewal period.
(1) A licensee wishing to reactivate a license from retirement status shall submit the proper form and fee for a change of status.
(2) Reactivation of a temporarily retired license shall not be permitted until the licensee provides proof of completion of sixteen (16) classroom hours in real estate courses as specified in § 62-13-303 during the current license renewal period.
(c) Any license in inactive status with the commission on July 1, 2016, shall be transferred to retirement status on that date.
(d) Notwithstanding the requirements of this section or § 62-13-319 , if a licensee is in good standing with the commission at the time the person's license is temporarily retired and, as a retiree, the person has not paid the license renewal fee as required under subdivision (a)(2), causing the license to lapse, then the person may reactivate the license upon: (1) Payment of all back renewal fees owed and any penalty imposed by the commission resulting from the lapsed license; and (2) Submission of proof of completion of all classroom hours in real estate courses that would have been required under § 62-13-303 if the licensee had instead maintained an active license during the period of temporary retirement.
(1) Payment of all back renewal fees owed and any penalty imposed by the commission resulting from the lapsed license; and
(2) Submission of proof of completion of all classroom hours in real estate courses that would have been required under § 62-13-303 if the licensee had instead maintained an active license during the period of temporary retirement.
Amended by 2024 Tenn. Acts, ch. 734,s 1, eff. 7/1/2024.
Amended by 2016 Tenn. Acts, ch. 838, s 10, eff. 7/1/2016.
Acts 1975, ch. 148, §§ 1-3; 1980, ch. 707, § 3; 1981, ch. 473, §§ 16, 17; T.C.A., §§ 62-1340 -- 62-1342; Acts 1982, ch. 864, § 13; 1984, ch. 810, §§ 8-10; 1988, ch. 919, § 11; 1990, ch. 946, § 8; 2004, ch. 456, § 3.
Tenn. Code Ann. § 62-13-208 — TN Code / Title 62 / Chapter 13 / Section 62-13-208
Real estate education and recovery account
Status: in_force

(a) There is established within the general fund a real estate education and recovery account, referred to as the "account" in this section. All funds received by the commission under this section shall be deposited into the account and held solely for the purposes of this section. The commission shall maintain a minimum balance of five hundred thousand dollars ($500,000) in the account. (b) Moneys within the account shall be invested by the state treasurer in accordance with § 9-4-603 for the sole benefit of the account. (c) (1) When any individual applies for an original license as a broker, affiliate broker or time-share salesperson, the applicant shall pay, in addition to the original license fee, a fee in an amount established by the commission for deposit into the account. If the commission refuses to issue a license, this fee shall be returned to the applicant. (2) In addition, the commission may assess each individual broker, affiliate broker and time-share salesperson, as a condition for renewal of the individual's license, a fee, in addition to the renewal fee, not to exceed thirty dollars ($30.00), for the purpose of ensuring that the required minimum balance is maintained in the account. (d) Any person may recover from the account actual or compensatory damages, not including interest and costs, resulting from any violation of this chapter or of any rule promulgated under this chapter committed by a broker, affiliate broker or time-share salesperson; provided, that: (1) The liability of the account shall not exceed fifteen thousand dollars ($15,000) per transaction, regardless of the number of persons aggrieved or parcels of real estate involved in the transaction; (2) The liability of the account for the acts of a broker, affiliate broker or time-share salesperson, when acting as a broker, affiliate broker or time-share salesperson, shall be terminated upon the issuance of court orders authorizing payments from the account for judgments, or any unsatisfied portion of judgments, in an aggregate amount of thirty thousand dollars ($30,000) on behalf of the broker, affiliate broker or time-share salesperson; (3) A broker, affiliate broker or time-share salesperson acting as an agent in a real estate transaction shall have no claim against the account; and (4) A bonding company not acting as a principal in a real estate transaction shall have no claim against the account. (e) When any aggrieved person commences action for a judgment that may result in collection from the account, the person shall promptly notify the commission to this effect in writing within thirty (30) days of commencement of the action. The commission may, subject to the approval of the attorney general and reporter, take any action it may deem appropriate to protect the integrity of the account. (f) [Deleted by 2021 amendment.] (g) If the commission pays any amount from the account on behalf of a licensed broker, affiliate broker or time-share salesperson, the license of the broker, affiliate broker or time-share salesperson may, in the discretion of the commission, be suspended or revoked. No broker, affiliate broker or time-share salesperson whose license is revoked under this subsection (g) shall be eligible to apply for a new license until that person has repaid in full the amount paid from the account on that person's behalf, plus interest at the effective earnings rate for the account for the period the claim is unpaid. (h) When the commission has paid from the account any sum to a complainant, the commission is subrogated to all the rights of the complainant in the claim that resulted in payment from the account. The commission shall deposit any amount recovered under this section to the account. If the total amount collected by the commission exceeds the amount paid from the account to the complainant, plus interest and the cost of collection, then the commission may elect to pay the coverage or reassign the remaining interest to the complainant. The payment or reassignment to the complainant does not subject the account to further liability for payment to the original complainant based on that transaction or any resulting judgment. Costs incurred by the commission in attempting to collect under this section must be paid from the account. (i) If, at any time, the money deposited in the account is insufficient to satisfy any duly authorized claim or portion of the claim, the commission shall, when sufficient money has been deposited in the account, satisfy the unpaid claims or portions of the unpaid claims in the order that they were originally filed, plus interest at the effective earnings rate for the account for the period the claim is unpaid. (j) The failure of an aggrieved person to comply with all of the provisions of this section shall constitute a waiver of any rights under this section. (k) It is unlawful for any person to file or cause to be filed with the commission any notice, statement or other document required under this section that is false or contains any material misstatement of fact. (l) The commission may, in its discretion, utilize any return on investment of the account to cover expenses incurred in the performance of functions authorized by §§ 62-13-107 and 62-13-108 or in the preparation and dissemination of information for the benefit of licensees; provided, that the commission shall not expend or commit sums for any such purpose in an amount that would reduce the account to a balance of less than five hundred thousand dollars ($500,000). (m) No state funds shall be expended to effectuate this section other than the fees and charges set forth in this section. Amended by 2021 Tenn. Acts, ch. 549, Secs.s22, s23, s24, s25 eff. 10/1/2021. Amended by 2021 Tenn. Acts, ch. 549, s 21, eff. 10/1/2021. Acts 1973, ch. 181, § 11(b), (c); modified; Acts 1978, ch. 906, § 24; T.C.A., § 62-1322; Acts 1984, ch. 810, § 6; 1989, ch. 89, § 6; 1989, ch. 324, § 2; 1990, ch. 946, §§ 1-4.
(a) There is established within the general fund a real estate education and recovery account, referred to as the "account" in this section. All funds received by the commission under this section shall be deposited into the account and held solely for the purposes of this section. The commission shall maintain a minimum balance of five hundred thousand dollars ($500,000) in the account.
(b) Moneys within the account shall be invested by the state treasurer in accordance with § 9-4-603 for the sole benefit of the account.
(c) (1) When any individual applies for an original license as a broker, affiliate broker or time-share salesperson, the applicant shall pay, in addition to the original license fee, a fee in an amount established by the commission for deposit into the account. If the commission refuses to issue a license, this fee shall be returned to the applicant. (2) In addition, the commission may assess each individual broker, affiliate broker and time-share salesperson, as a condition for renewal of the individual's license, a fee, in addition to the renewal fee, not to exceed thirty dollars ($30.00), for the purpose of ensuring that the required minimum balance is maintained in the account.
(1) When any individual applies for an original license as a broker, affiliate broker or time-share salesperson, the applicant shall pay, in addition to the original license fee, a fee in an amount established by the commission for deposit into the account. If the commission refuses to issue a license, this fee shall be returned to the applicant.
(2) In addition, the commission may assess each individual broker, affiliate broker and time-share salesperson, as a condition for renewal of the individual's license, a fee, in addition to the renewal fee, not to exceed thirty dollars ($30.00), for the purpose of ensuring that the required minimum balance is maintained in the account.
(d) Any person may recover from the account actual or compensatory damages, not including interest and costs, resulting from any violation of this chapter or of any rule promulgated under this chapter committed by a broker, affiliate broker or time-share salesperson; provided, that: (1) The liability of the account shall not exceed fifteen thousand dollars ($15,000) per transaction, regardless of the number of persons aggrieved or parcels of real estate involved in the transaction; (2) The liability of the account for the acts of a broker, affiliate broker or time-share salesperson, when acting as a broker, affiliate broker or time-share salesperson, shall be terminated upon the issuance of court orders authorizing payments from the account for judgments, or any unsatisfied portion of judgments, in an aggregate amount of thirty thousand dollars ($30,000) on behalf of the broker, affiliate broker or time-share salesperson; (3) A broker, affiliate broker or time-share salesperson acting as an agent in a real estate transaction shall have no claim against the account; and (4) A bonding company not acting as a principal in a real estate transaction shall have no claim against the account.
(1) The liability of the account shall not exceed fifteen thousand dollars ($15,000) per transaction, regardless of the number of persons aggrieved or parcels of real estate involved in the transaction;
(2) The liability of the account for the acts of a broker, affiliate broker or time-share salesperson, when acting as a broker, affiliate broker or time-share salesperson, shall be terminated upon the issuance of court orders authorizing payments from the account for judgments, or any unsatisfied portion of judgments, in an aggregate amount of thirty thousand dollars ($30,000) on behalf of the broker, affiliate broker or time-share salesperson;
(3) A broker, affiliate broker or time-share salesperson acting as an agent in a real estate transaction shall have no claim against the account; and
(4) A bonding company not acting as a principal in a real estate transaction shall have no claim against the account.
(e) When any aggrieved person commences action for a judgment that may result in collection from the account, the person shall promptly notify the commission to this effect in writing within thirty (30) days of commencement of the action. The commission may, subject to the approval of the attorney general and reporter, take any action it may deem appropriate to protect the integrity of the account.
(f) [Deleted by 2021 amendment.]
(g) If the commission pays any amount from the account on behalf of a licensed broker, affiliate broker or time-share salesperson, the license of the broker, affiliate broker or time-share salesperson may, in the discretion of the commission, be suspended or revoked. No broker, affiliate broker or time-share salesperson whose license is revoked under this subsection (g) shall be eligible to apply for a new license until that person has repaid in full the amount paid from the account on that person's behalf, plus interest at the effective earnings rate for the account for the period the claim is unpaid.
(h) When the commission has paid from the account any sum to a complainant, the commission is subrogated to all the rights of the complainant in the claim that resulted in payment from the account. The commission shall deposit any amount recovered under this section to the account. If the total amount collected by the commission exceeds the amount paid from the account to the complainant, plus interest and the cost of collection, then the commission may elect to pay the coverage or reassign the remaining interest to the complainant. The payment or reassignment to the complainant does not subject the account to further liability for payment to the original complainant based on that transaction or any resulting judgment. Costs incurred by the commission in attempting to collect under this section must be paid from the account.
(i) If, at any time, the money deposited in the account is insufficient to satisfy any duly authorized claim or portion of the claim, the commission shall, when sufficient money has been deposited in the account, satisfy the unpaid claims or portions of the unpaid claims in the order that they were originally filed, plus interest at the effective earnings rate for the account for the period the claim is unpaid.
(j) The failure of an aggrieved person to comply with all of the provisions of this section shall constitute a waiver of any rights under this section.
(k) It is unlawful for any person to file or cause to be filed with the commission any notice, statement or other document required under this section that is false or contains any material misstatement of fact.
(l) The commission may, in its discretion, utilize any return on investment of the account to cover expenses incurred in the performance of functions authorized by §§ 62-13-107 and 62-13-108 or in the preparation and dissemination of information for the benefit of licensees; provided, that the commission shall not expend or commit sums for any such purpose in an amount that would reduce the account to a balance of less than five hundred thousand dollars ($500,000).
(m) No state funds shall be expended to effectuate this section other than the fees and charges set forth in this section.
Amended by 2021 Tenn. Acts, ch. 549, Secs.s22, s23, s24, s25 eff. 10/1/2021.
Amended by 2021 Tenn. Acts, ch. 549, s 21, eff. 10/1/2021.
Acts 1973, ch. 181, § 11(b), (c); modified; Acts 1978, ch. 906, § 24; T.C.A., § 62-1322; Acts 1984, ch. 810, § 6; 1989, ch. 89, § 6; 1989, ch. 324, § 2; 1990, ch. 946, §§ 1-4.